[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 378 Reported in Senate (RS)]






                                                       Calendar No. 107
110th CONGRESS
  1st Session
                                 S. 378

                          [Report No. 110-42]

To amend title 18, United States Code, to protect judges, prosecutors, 
 witnesses, victims, and their family members, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2007

Mr. Leahy (for himself, Mr. Specter, Mr. Reid, Mr. Durbin, Mr. Cornyn, 
   Mr. Kennedy, Ms. Collins, Mr. Hatch, Mr. Schumer, and Mr. Cardin) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

                             March 29, 2007

                Reported by Mr. Leahy, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to protect judges, prosecutors, 
 witnesses, victims, and their family members, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Court Security Improvement Act of 
2007''.

          TITLE I--JUDICIAL SECURITY IMPROVEMENTS AND FUNDING

SEC. 101. JUDICIAL BRANCH SECURITY REQUIREMENTS.

    (a) Ensuring Consultation With the Judiciary.--Section 566 of title 
28, United States Code, is amended by adding at the end the following:
    ``(i) The Director of the United States Marshals Service shall 
consult with the Judicial Conference of the United States on a 
continuing basis regarding the security requirements for the judicial 
branch of the United States Government, to ensure that the views of the 
Judicial Conference regarding the security requirements for the 
judicial branch of the Federal Government are taken into account when 
determining staffing levels, setting priorities for programs regarding 
judicial security, and allocating judicial security resources. In this 
paragraph, the term `judicial security' includes the security of 
buildings housing the judiciary, the personal security of judicial 
officers, the assessment of threats made to judicial officers, and the 
protection of all other judicial personnel. The United States Marshals 
Service retains final authority regarding security requirements for the 
judicial branch of the Federal Government.''.
    (b) Conforming Amendment.--Section 331 of title 28, United States 
Code, is amended by adding at the end the following:
    ``The Judicial Conference shall consult with the Director of United 
States Marshals Service on a continuing basis regarding the security 
requirements for the judicial branch of the United States Government, 
to ensure that the views of the Judicial Conference regarding the 
security requirements for the judicial branch of the Federal Government 
are taken into account when determining staffing levels, setting 
priorities for programs regarding judicial security, and allocating 
judicial security resources. In this paragraph, the term `judicial 
security' includes the security of buildings housing the judiciary, the 
personal security of judicial officers, the assessment of threats made 
to judicial officers, and the protection of all other judicial 
personnel. The United States Marshals Service retains final authority 
regarding security requirements for the judicial branch of the Federal 
Government.''.

SEC. 102. PROTECTION OF FAMILY MEMBERS.

    Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in subparagraph (A), by inserting ``or a family member 
        of that individual'' after ``that individual''; and
            (2) in subparagraph (B)(i), by inserting ``or a family 
        member of that individual'' after ``the report''.

SEC. 103. FINANCIAL DISCLOSURE REPORTS.

    (a) Extension of Authority.--Section 105(b)(3) of the Ethics in 
Government Act of 1978 (5 U.S.C. App) is amended by striking ``2005'' 
each place that term appears and inserting ``2009''.
    (b) Report Contents.--Section 105(b)(3)(C) of the Ethics in 
Government Act of 1978 (5 U.S.C. App) is amended--
            (1) in clause (ii), by striking ``and'' at the end;
            (2) in clause (iii), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(iv) the nature or type of information redacted;
            ``(v) what steps or procedures are in place to ensure that 
        sufficient information is available to litigants to determine 
        if there is a conflict of interest;
            ``(vi) principles used to guide implementation of redaction 
        authority; and
            ``(vii) any public complaints received in regards to 
        redaction.''.

SEC. 104. PROTECTION OF UNITED STATES TAX COURT.

    (a) In General.--Section 566(a) of title 28, United States Code, is 
amended by striking ``and the Court of International Trade'' and 
inserting ``, the Court of International Trade, and any other court, as 
provided by law''.
    (b) Internal Revenue Code.--Section 7456(c) of the Internal Revenue 
Code of 1986 (relating to incidental powers of the Tax Court) is 
amended in the matter following paragraph (3), by striking the period 
at the end, and inserting ``and may otherwise provide for the security 
of the Tax Court, including the personal protection of Tax Court 
judges, court officers, witnesses, and other threatened person in the 
interests of justice, where criminal intimidation impedes on the 
functioning of the judicial process or any other official 
proceeding.''.

SEC. 105. ADDITIONAL AMOUNTS FOR UNITED STATES MARSHALS SERVICE TO 
              PROTECT THE JUDICIARY.

    In addition to any other amounts authorized to be appropriated for 
the United States Marshals Service, there are authorized to be 
appropriated for the United States Marshals Service to protect the 
judiciary, $20,000,000 for each of fiscal years 2007 through 2011 for--
            (1) hiring entry-level deputy marshals for providing 
        judicial security;
            (2) hiring senior-level deputy marshals for investigating 
        threats to the judiciary and providing protective details to 
        members of the judiciary and assistant United States attorneys; 
        and
            (3) for the Office of Protective Intelligence, for hiring 
        senior-level deputy marshals, hiring program analysts, and 
        providing secure computer systems.

TITLE II--CRIMINAL LAW ENHANCEMENTS TO PROTECT JUDGES, FAMILY MEMBERS, 
                             AND WITNESSES

SEC. 201. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS 
              AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT 
              OFFICERS.

    (a) Offense.--Chapter 73 of title 18, United States Code, is 
amended by adding at the end the following:

``SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR FEDERAL LAW 
              ENFORCEMENT OFFICER BY FALSE CLAIM OR SLANDER OF TITLE.

    ``Whoever files, attempts to file, or conspires to file, in any 
public record or in any private record which is generally available to 
the public, any false lien or encumbrance against the real or personal 
property of an individual described in section 1114, on account of the 
performance of official duties by that individual, knowing or having 
reason to know that such lien or encumbrance is false or contains any 
materially false, fictitious, or fraudulent statement or 
representation, shall be fined under this title or imprisoned for not 
more than 10 years, or both.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 73 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1521. Retaliating against a Federal judge or Federal law enforcement 
                            officer by false claim or slander of 
                            title.''.

SEC. 202. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN OFFICIAL DUTIES.

    (a) Offense.--Chapter 7 of title 18, United States Code, is amended 
by adding at the end the following:
``Sec. 118. Protection of individuals performing certain official 
              duties
    ``(a) In General.--Whoever knowingly makes restricted personal 
information about a covered official, or a member of the immediate 
family of that covered official, publicly available--
            ``(1) with the intent to threaten, intimidate, or incite 
        the commission of a crime of violence against that covered 
        official, or a member of the immediate family of that covered 
        official; or
            ``(2) with the intent and knowledge that the restricted 
        personal information will be used to threaten, intimidate, or 
        facilitate the commission of a crime of violence against that 
        covered official, or a member of the immediate family of that 
        covered official,
shall be fined under this title, imprisoned not more than 5 years, or 
both.
    ``(b) Definitions.--In this section--
            ``(1) the term `restricted personal information' means, 
        with respect to an individual, the Social Security number, the 
        home address, home phone number, mobile phone number, personal 
        email, or home fax number of, and identifiable to, that 
        individual;
            ``(2) the term `covered official' means--
                    ``(A) an individual designated in section 1114; or
                    ``(B) a grand or petit juror, witness, or other 
                officer in or of, any court of the United States, or an 
                officer who may be serving at any examination or other 
                proceeding before any United States magistrate judge or 
                other committing magistrate;
            ``(3) the term `crime of violence' has the meaning given 
        the term in section 16; and
            ``(4) the term `immediate family' has the meaning given the 
        term in section 115(c)(2).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 18, United States Code, is amended by adding at the 
end the following new item:

``118. Protection of individuals performing certain official duties.''.

SEC. 203. PROHIBITION OF POSSESSION OF DANGEROUS WEAPONS IN FEDERAL 
              COURT FACILITIES.

    Section 930(e)(1) of title 18, United States Code, is amended by 
inserting ``or other dangerous weapon'' after ``firearm''.

SEC. 204. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A WITNESS.

    Section 1513 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) A prosecution under this section may be brought in the 
district in which the official proceeding (whether pending, about to be 
instituted, or completed) was intended to be affected, or in which the 
conduct constituting the alleged offense occurred.''.

SEC. 205. MODIFICATION OF TAMPERING WITH A WITNESS, VICTIM, OR AN 
              INFORMANT OFFENSE.

    (a) Changes in Penalties.--Section 1512 of title 18, United States 
Code, is amended--
            (1) so that subparagraph (A) of subsection (a)(3) reads as 
        follows:
            ``(A) in the case of a killing, the punishment provided in 
        sections 1111 and 1112;'';
            (2) in subsection (a)(3)--
                    (A) in the matter following clause (ii) of 
                subparagraph (B) by striking ``20 years'' and inserting 
                ``30 years''; and
                    (B) in subparagraph (C), by striking ``10 years'' 
                and inserting ``20 years'';
            (3) in subsection (b), by striking ``ten years'' and 
        inserting ``20 years''; and
            (4) in subsection (d), by striking ``one year'' and 
        inserting ``3 years''.

SEC. 206. MODIFICATION OF RETALIATION OFFENSE.

    Section 1513 of title 18, United States Code, is amended--
            (1) in subsection (a)(1)(B)--
                    (A) by inserting a comma after ``probation''; and
                    (B) by striking the comma which immediately follows 
                another comma;
            (2) in subsection (a)(2)(B), by striking ``20 years'' and 
        inserting ``30 years'';
            (3) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) by inserting a comma after 
                        ``probation''; and
                            (ii) by striking the comma which 
                        immediately follows another comma; and
                    (B) in the matter following paragraph (2), by 
                striking ``ten years'' and inserting ``20 years''; and
            (4) by redesignating the second subsection (e) as 
        subsection (f).

SEC. 207. GENERAL MODIFICATIONS OF FEDERAL MURDER CRIME AND RELATED 
              CRIMES.

    Section 1112(b) of title 18, United States Code, is amended--
            (1) by striking ``ten years'' and inserting ``20 years''; 
        and
            (2) by striking ``six years'' and inserting ``10 years''.

TITLE III--PROTECTING STATE AND LOCAL JUDGES AND RELATED GRANT PROGRAMS

SEC. 301. GRANTS TO STATES TO PROTECT WITNESSES AND VICTIMS OF CRIMES.

    (a) In General.--Section 31702 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(5) by a State, unit of local government, or Indian tribe 
        to create and expand witness and victim protection programs to 
        prevent threats, intimidation, and retaliation against victims 
        of, and witnesses to, violent crimes.''.
    (b) Authorization of Appropriations.--Section 31707 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is 
amended to read as follows:

``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $20,000,000 for each of 
the fiscal years 2007 through 2011 to carry out this subtitle.''.

SEC. 302. ELIGIBILITY OF STATE COURTS FOR CERTAIN FEDERAL GRANTS.

    (a) Correctional Options Grants.--Section 515 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3762a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) grants to State courts to improve security for State 
        and local court systems.''; and
            (2) in subsection (b), by inserting after the period the 
        following:
``Priority shall be given to State court applicants under subsection 
(a)(4) that have the greatest demonstrated need to provide security in 
order to administer justice.''.
    (b) Allocations.--Section 516(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3762b) is amended by--
            (1) striking ``80'' and inserting ``70'';
            (2) striking ``and 10'' and inserting ``10''; and
            (3) inserting before the period the following: ``, and 10 
        percent for section 515(a)(4)''.
    (c) State and Local Governments to Consider Courts.--The Attorney 
General may require, as appropriate, that whenever a State or unit of 
local government or Indian tribe applies for a grant from the 
Department of Justice, the State, unit, or tribe demonstrate that, in 
developing the application and distributing funds, the State, unit, or 
tribe--
            (1) considered the needs of the judicial branch of the 
        State, unit, or tribe, as the case may be;
            (2) consulted with the chief judicial officer of the 
        highest court of the State, unit, or tribe, as the case may be; 
        and
            (3) consulted with the chief law enforcement officer of the 
        law enforcement agency responsible for the security needs of 
        the judicial branch of the State, unit, or tribe, as the case 
        may be.
    (d) Armor Vests.--Section 2501 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll) is amended--
            (1) in subsection (a), by inserting ``and State and local 
        court officers'' after ``tribal law enforcement officers''; and
            (2) in subsection (b), by inserting ``State or local 
        court,'' after ``government,''.

                   TITLE IV--LAW ENFORCEMENT OFFICERS

SEC. 401. REPORT ON SECURITY OF FEDERAL PROSECUTORS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Attorney General shall submit to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives a report on the security of assistant United States 
attorneys and other Federal attorneys arising from the prosecution of 
terrorists, violent criminal gangs, drug traffickers, gun traffickers, 
white supremacists, those who commit fraud and other white-collar 
offenses, and other criminal cases.
    (b) Contents.--The report submitted under subsection (a) shall 
describe each of the following:
            (1) The number and nature of threats and assaults against 
        attorneys handling prosecutions described in subsection (a) and 
        the reporting requirements and methods.
            (2) The security measures that are in place to protect the 
        attorneys who are handling prosecutions described in subsection 
        (a), including threat assessments, response procedures, 
        availability of security systems and other devices, firearms 
        licensing (deputations), and other measures designed to protect 
        the attorneys and their families.
            (3) The firearms deputation policies of the Department of 
        Justice, including the number of attorneys deputized and the 
        time between receipt of threat and completion of the deputation 
        and training process.
            (4) For each requirement, measure, or policy described in 
        paragraphs (1) through (3), when the requirement, measure, or 
        policy was developed and who was responsible for developing and 
        implementing the requirement, measure, or policy.
            (5) The programs that are made available to the attorneys 
        for personal security training, including training relating to 
        limitations on public information disclosure, basic home 
        security, firearms handling and safety, family safety, mail 
        handling, counter-surveillance, and self-defense tactics.
            (6) The measures that are taken to provide attorneys 
        handling prosecutions described in subsection (a) with secure 
        parking facilities, and how priorities for such facilities are 
        established--
                    (A) among Federal employees within the facility;
                    (B) among Department of Justice employees within 
                the facility; and
                    (C) among attorneys within the facility.
            (7) The frequency attorneys handling prosecutions described 
        in subsection (a) are called upon to work beyond standard work 
        hours and the security measures provided to protect attorneys 
        at such times during travel between office and available 
        parking facilities.
            (8) With respect to attorneys who are licensed under State 
        laws to carry firearms, the policy of the Department of Justice 
        as to--
                    (A) carrying the firearm between available parking 
                and office buildings;
                    (B) securing the weapon at the office buildings; 
                and
                    (C) equipment and training provided to facilitate 
                safe storage at Department of Justice facilities.
            (9) The offices in the Department of Justice that are 
        responsible for ensuring the security of attorneys handling 
        prosecutions described in subsection (a), the organization and 
        staffing of the offices, and the manner in which the offices 
        coordinate with offices in specific districts.
            (10) The role, if any, that the United States Marshals 
        Service or any other Department of Justice component plays in 
        protecting, or providing security services or training for, 
        attorneys handling prosecutions described in subsection (a).

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. EXPANDED PROCUREMENT AUTHORITY FOR THE UNITED STATES 
              SENTENCING COMMISSION.

    (a) In General.--Section 995 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(f) The Commission may--
            ``(1) use available funds to enter into contracts for the 
        acquisition of severable services for a period that begins in 1 
        fiscal year and ends in the next fiscal year, to the same 
        extent as executive agencies may enter into such contracts 
        under the authority of section 303L of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253l);
            ``(2) enter into multi-year contracts for the acquisition 
        of property or services to the same extent as executive 
        agencies may enter into such contracts under the authority of 
        section 304B of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 254c); and
            ``(3) make advance, partial, progress, or other payments 
        under contracts for property or services to the same extent as 
        executive agencies may make such payments under the authority 
        of section 305 of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 255).''.
    (b) Sunset.--The amendment made by subsection (a) shall cease to 
have force and effect on September 30, 2010.

SEC. 502. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL JUDGES LIFE 
              INSURANCE.

    (a) In General.--Section 604(a)(5) of title 28, United States Code, 
is amended by inserting after ``hold office during good behavior,'' the 
following: ``bankruptcy judges appointed under section 152 of this 
title, magistrate judges appointed under section 631 of this title, and 
territorial district court judges appointed under section 24 of the 
Organic Act of Guam (48 U.S.C. 1424b), section 1(b) of the Act of 
November 8, 1877 (48 U.S.C. 1821), or section 24(a) of the Revised 
Organic Act of the Virgin Islands (48 U.S.C. 1614(a)),''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to any payment made on or after the first day of the 
first applicable pay period beginning on or after the date of enactment 
of this Act.

SEC. 503. ASSIGNMENT OF JUDGES.

    Section 296 of title 28, United States Code, is amended by 
inserting at the end of the second undesignated paragraph the following 
new sentence: ``However, a judge who has retired from regular active 
service under section 371(b) of this title, when designated and 
assigned to the court to which such judge was appointed, shall have all 
the powers of a judge of that court, including participation in 
appointment of court officers and magistrates, rulemaking, governance, 
and administrative matters.''.

SEC. 504. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF MAGISTRATES.

    Section 631(a) of title 28, United States Code, is amended by 
striking ``Northern Mariana Islands'' the first place it appears and 
inserting ``Northern Mariana Islands (including any judge in regular 
active service and any judge who has retired from regular active 
service under section 371(b) of this title, when designated and 
assigned to the court to which such judge was appointed)''.

SEC. 505. REAUTHORIZATION OF THE ETHICS IN GOVERNMENT ACT.

    Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.) 
is amended by striking ``2006'' and inserting ``2011''.

SEC. 506. FEDERAL JUDGES FOR COURTS OF APPEALS.

    Section 44(a) of title 28, United States Code, is amended in the 
table--
            (1) in the item relating to the District of Columbia 
        Circuit, by striking ``12'' and inserting ``11''; and
            (2) in the item relating to the Ninth Circuit, by striking 
        ``28'' and inserting ``29''.
                                                       Calendar No. 107

110th CONGRESS

  1st Session

                                 S. 378

                          [Report No. 110-42]

_______________________________________________________________________

                                 A BILL

To amend title 18, United States Code, to protect judges, prosecutors, 
 witnesses, victims, and their family members, and for other purposes.

_______________________________________________________________________

                             March 29, 2007

                       Reported with an amendment