[Congressional Record Volume 153, Number 14 (Wednesday, January 24, 2007)]
[Senate]
[Pages S1062-S1065]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Specter, Mr. Reid, Mr. Durbin, Mr. 
        Cornyn, Mr. Kennedy, Ms. Collins, Mr. Hatch, and Mr. Schumer):
  S. 378. A bill to amend title 18, United States Code, to protect 
judges, prosecutors, witnesses, victims, and their family members, and 
for other purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I was disappointed at the end of last 
Congress that, like so much other urgent business of the American 
people left unattended, we did not pass a measure to improve court 
security. We made some progress on this important issue when the Senate 
passed a consensus bipartisan court security bill. Unfortunately we 
were unable to cross the finish line because the House Republican 
leadership did not take up this bill. And so that still eaves our 
Nation's judges and their families without the vital protections that 
bill would have provided.
  Today, I join with other Senators on both sides of the aisle to try 
again. Along with the Majority Leader Senator Reid; the Judiciary 
Committee's Ranking Member, Senator Specter; the Majority Whip, Senator 
Durbin; and Senators Kennedy, Schumer, Cornyn, Hatch and Collins, I 
introduce the Court Security Improvement Act of 2007, a consensus 
measure with bipartisan support nearly identical to the bill we passed 
in the Senate last December. House Judiciary Chairman Conyers is 
introducing an identical measure in the House with bipartisan support. 
This bi-cameral, bi-partisan introduction sends a strong message that 
we intend finally to finish this difficult struggle and enact this bill 
that should have been enacted months ago to increase protections for 
the dedicated women and men throughout the Judiciary in this country.
  This is an important issue, and one I plan to make a priority this 
Congress. I hope that we can have quick action on this bill to bring to 
fruition our efforts to provide increased security, an effort that 
gained new urgency after the tragedy that befell Judge Joan Lefkow of 
Chicago. She is the Federal judge whose mother and husband were 
murdered in their home. As we heard in her courageous testimony in May 
2005 before the Judiciary Committee, this tragedy provided a terrible 
reminder not only of the vulnerable position of our judges and their 
families, but of the critical importance of protecting judges both 
where they work and where they and their families live. The shooting 
last summer of a State judge in Nevada provided another terrible 
reminder of the vulnerable position of our Nation's State and Federal 
judges. We cannot tolerate or excuse or justify violence or the threat 
of violence against judges.
  In a speech last year, Justice Sandra Day O'Connor criticized the 
uncivil tone of attacks on the courts, noting that they pose a danger 
to the very independence of the Federal judiciary. It is most 
unfortunate that some in this country have chosen to use dangerous and 
irresponsible rhetoric when talking about judges, comparing judges to 
terrorists and threatening judges with punishment for decisions they do 
not like. This rhetoric can only foster unacceptable violence against 
judges and it must stop, for the sake of our judges and the 
independence of the judiciary. Judicial fairness and independence are 
essential if we are to maintain our freedoms. Our independent judiciary 
is the envy of the rest of the world and a great source of our national 
strength and resilience. Let no one say things that might bring about 
further threats against our judges. We ought to be protecting them 
physically and institutionally.
  When I last chaired the Judiciary Committee, one of my first efforts 
was pushing for passage of the Judicial Protection Act, which toughened 
criminal penalties for assaults against judges and their families. In 
order to meet the continuing challenges of keeping the Federal 
judiciary safe, in the last Congress Chairman Specter and I introduced 
S. 1968, the Court Security Improvement Act of 2005.
  The bill we are introducing today in the Senate and House is a 
consensus bipartisan bill. I hope that quick action and passage of this 
bill can serve as a model for what we can achieve with bipartisan 
cooperation in the 110th Congress. Its core provisions, which 
previously passed the Senate not only last December, but also in June 
as part of the managers' package of the ``John Warner National Defense 
Authorization Act for Fiscal Year 2007,'' S. 2766, come the Court 
Security Improvement Act of 2005.
  The bill responds to the needs expressed by the Federal judiciary for 
a

[[Page S1063]]

greater voice in working with the United States Marshals Service to 
determine their security needs. It enacts new criminal penalties for 
the misuse of restricted personal information to harm or threaten to 
harm Federal judges, their families or other individuals performing 
official duties. It enacts criminal penalties for threatening Federal 
judges and Federal law enforcement officials by the malicious filing of 
false liens, and provides increased protections for witnesses. The bill 
also contains provisions making available to States new resources to 
improve security for State and local court systems as well as providing 
additional protections for law enforcement officers. I am pleased that 
the bill includes an extension of life insurance benefits to 
bankruptcy, magistrate and territorial judges.
  Finally, the bill contains provisions that have passed the Senate 
several times extending and expanding to family members the authority 
of the Judicial Conference to redact certain information from a Federal 
judge's mandatory financial disclosure. This expired redaction 
authority was used in circumstances in which the release of the 
information could endanger the filer or the filer's family. I hope that 
we can reinstate and expand this much needed redaction authority.
  These protections are crucial to the preservation of the independence 
of our Federal judiciary so that it can continue to serve as a bulwark 
protecting individual rights and liberty. Our Nation's Founders knew 
that without an independent judiciary to protect individual rights from 
the political branches of government, those rights and privileges would 
amount to nothing. It is the ultimate check and balance in our system 
of government in times of heated political rhetoric.
  We owe it to our judges to better protect them and their families 
from violence and to ensure that they have the peace of mind necessary 
to do their vital and difficult jobs.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 378

       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

[[Page S1064]]

     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.

[[Page S1065]]

       (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''.

  Mr. KENNEDY. An independent judiciary is essential to the proper 
administration of justice. In order to maintain an independent 
judiciary, it is imperative that judges be protected from the threat of 
reprisal, so that fear does not influence their decisionmaking. This 
bill, which I am proud to cosponsor, is an opportunity to protect our 
judges and help guarantee their independence, and also protect the many 
other dedicated men and women who serve our judiciary and their 
families.
  In recent years, the need for increased judicial security has been 
highlighted by a number of attacks. After an unfavorable trademark 
ruling in Chicago, a disgruntled litigant murdered a Federal judge's 
husband and mother in the judge's home. Two weeks later a State judge, 
a court reporter, and a sheriff's deputy were killed in an Atlanta 
courthouse. A year after that, death threats were made against U.S. 
Supreme Court Justices.
  These attacks are not isolated incidents. On average, Federal judges 
receive 700 threats a year; threats that are becoming increasingly 
serious. As these threats and attacks indicate, judges are not 
currently safe within the walls of our courts, nor are they safe in 
their homes. We cannot tolerate violence or the threat of violence 
against judges, court personnel, or their families. Violence against 
our judiciary represents an assault on our system of government.
  By statute, the U.S. Marshals Service in the Department of Justice 
has the primary responsibility for the security of the Federal 
judiciary. Currently, the Marshals Service is underfunded and 
understaffed. There is a lack of coordination and communication between 
the Service and the Judicial Conference of the United States, the 
Administrative Office of the United States Courts, and the Federal 
Protective Service in the Department of Homeland Security. As a result, 
the Marshals Service struggles to keep up with the security needs of 
the judiciary in this new high-risk age. There is no reason the system 
should continue to be so vulnerable.
  The legislation we are introducing will enhance judicial security in 
several respects. First, it would require the Marshals Service to 
cooperate and coordinate with the Judicial Conference on judicial 
security on a continuing basis. This provision will give the judiciary 
a needed voice in assessing their security needs. The Marshals Service 
will receive additional funds to meet its responsibilities. It will 
have the ability to accurately assess threats in a timely manner, 
collect and share intelligence on threats among districts and 
representatives of the FBI, and achieve appropriate staffing levels.
  In addition, the legislation punishes those who intrude into the 
personal lives of the judiciary and their families. It punishes those 
attempting to humiliate the judiciary or their families by recording a 
false lien or encumbrance against real or personal property and those 
who post personal information about public officials or their families 
with the intent to harm.
  Equally important, the bill authorizes Federal grants to improve 
security for State and local court systems. The problem of judicial 
security is shared by all courts, State and Federal alike, and all 
courts deserve the best possible security protections.
  To maintain our freedoms as a democratic society, judicial fairness 
and independence are essential. Threats and acts of violence against 
the judiciary are unacceptable. Its members must be fully protected. 
This bipartisan and bicameral bill aids in that protection, and I am 
honored to join my colleagues in urging that it be passed quickly by 
Congress and signed by the President.
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