[Congressional Record Volume 153, Number 109 (Tuesday, July 10, 2007)]
[House]
[Pages H7462-H7466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1600
COURT SECURITY IMPROVEMENT ACT OF 2007
Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 660) to amend title 18, United States Code, to protect
judges, prosecutors, witnesses, victims, and their family members, and
for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 660
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. FINANCIAL DISCLOSURE REPORTS.
Section 105(b)(3) of the Ethics in Government Act of 1978
(5 U.S.C. App) is amended by striking subparagraph (E).
SEC. 103. 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. 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 the United States Tax 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, when requested by the chief judge of the
Tax Court, for the security of the Tax Court, including the
personal protection of Tax Court judges, court officers,
witnesses, and other threatened persons in the interests of
justice, where criminal intimidation impedes on the
functioning of the judicial process or any other official
proceeding.''.
(c) Reimbursement.--The United States Tax Court shall
reimburse the United States Marshals Service for protection
provided under the amendments made by this section.
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
[[Page H7463]]
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. 119. 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;
``(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;
``(C) a public safety officer (as that term is defined in
section 1204 of the Omnibus Crime Control and Safe Streets
Act of 1968) who is employed by a public agency that receives
Federal financial assistance; and
``(D) a paid informant or any witness in a Federal criminal
investigation or prosecution or in a State criminal
investigation or prosecution of an offense that is in or
affects interstate or foreign commerce;
``(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:
``119. 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 ``United States,'' and inserting ``United
States--'';
(2) by striking ``Whoever is guilty of voluntary
manslaughter,'' and inserting the following:
``(1) subject to paragraph (3), whoever is guilty of
voluntary manslaughter'';
(3) by striking ``Whoever is guilty of involuntary
manslaughter,'' and inserting the following:
``(2) subject to paragraph (3), whoever is guilty of
involuntary manslaughter'';
(4) at the end of paragraph (2) (as designated by paragraph
(3)), by striking the period and inserting ``; and''; and
(5) by adding at the end the following:
``(3) whoever is guilty of an offense under section 1114 or
chapter 73 that involved a killing shall--
``(A) in the case of voluntary manslaughter, be fined under
this title, imprisoned for not more than 20 years, or both;
and
``(B) in the case of involuntary manslaughter, be fined
under this title, imprisoned for not more than 10 years, or
both.''.
SEC. 208. ASSAULT PENALTIES.
Section 115 of title 18, United States Code, is amended in
subsection (b) by striking ``(1)'' and all that follows
through the end of paragraph (1) and inserting the following
:
``(1) The punishment for an assault in violation of this
section is a fine under this title and--
``(A) if the assault consists of a simple assault, a term
of imprisonment for not more than one year, or both;
``(B) if the assault resulted in bodily injury (as defined
in section 1365), a term of imprisonment for not more than 10
years;
``(C) if the assault resulted in serious bodily injury (as
defined in section 1365), a term of imprisonment for not more
than 15 years; or
``(D) if a dangerous weapon was used during and in relation
to the offense, a term of imprisonment for not more than 30
years.''.
SEC. 209. DIRECTION TO THE SENTENCING COMMISSION.
The United States Sentencing Commission is directed to
review the Sentencing Guidelines as they apply to threats
punishable under section 115 of title 18, United States Code,
that occur over the Internet, and determine whether and by
how much that should aggravate the punishment pursuant to
section 994 of title 28, United States Code. In conducting
the study, the Commission shall take into consideration the
number of such threats made; the intended number of
recipients, whether the initial sender was acting in an
individual capacity or part of a larger group.
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 at the end 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 2008 through 2012 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 adding at the end 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--
(1) by striking ``80'' and inserting ``70'';
(2) by striking ``and 10'' and inserting ``10''; and
[[Page H7464]]
(3) by 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)(1), by inserting ``State or local
court,'' after ``government,''.
SEC. 303. GRANTS TO STATES FOR THREAT ASSESSMENT DATABASES.
(a) In General.--The Attorney General, through the Office
of Justice Programs, shall make grants under this section to
the highest State courts in States participating in the
program, for the purpose of enabling such courts to establish
and maintain a threat assessment database described in
subsection (b).
(b) Database.--For purposes of subsection (a), a threat
assessment database is a database through which a State can--
(1) analyze trends and patterns in domestic terrorism and
crime;
(2) project the probabilities that specific acts of
domestic terrorism or crime will occur; and
(3) develop measures and procedures that can effectively
reduce the probabilities that those acts will occur.
(c) Core Elements.--The Attorney General shall define a
core set of data elements to be used by each database funded
by this section so that the information in the database can
be effectively shared with other States and with the
Department of Justice.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of the fiscal years 2008 through 2011.
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
the 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. 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: ``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. GUARANTEEING COMPLIANCE WITH PRISONER PAYMENT
COMMITMENTS.
Section 3624(e) of title 18, United States Code, is amended
by striking the last sentence and inserting the following:
``Upon the release of a prisoner by the Bureau of Prisons to
supervised release, the Bureau of Prisons shall notify such
prisoner, verbally and in writing, of the requirement that
the prisoner adhere to an installment schedule, not to exceed
two years except in special circumstances, to pay for any
fine imposed for the offense committed by such prisoner, and
of the consequences of failure to pay such fines under
sections 3611 through 3614 of this title.''.
SEC. 506. STUDY AND REPORT.
The Attorney General shall study whether the generally open
public access to State and local records imperils the safety
of the Federal judiciary. Not later than 18 months after the
enactment of this Act, the Attorney General shall report to
Congress the results of that study together with any
recommendations the Attorney General deems necessary.
SEC. 507. REAUTHORIZATION OF FUGITIVE APPREHENSION TASK
FORCES.
Section 6(b) of the Presidential Threat Protection Act of
2000 (28 U.S.C. 566 note; Public Law 106-544) is amended--
[[Page H7465]]
(1) by striking ``and'' after ``fiscal year 2002,''; and
(2) by inserting ``, and $10,000,000 for each of the fiscal
years 2008 through 2012'' before the period.
SEC. 508. INCREASED PROTECTION OF FEDERAL JUDGES.
(a) Minimum Document Requirements.--
(1) Minimum requirements.--For purposes of section
202(b)(6) of the REAL ID Act of 2005(49 U.S.C. 30301 note), a
State may, in the case of an individual described in
subparagraph (A) or (B) of paragraph (2), include in a
driver's license or other identification card issued to that
individual by the State, the address specified in that
subparagraph in lieu of the individual's address of principle
residence.
(2) Individuals and information.--The individuals and
addresses referred to in paragraph (1) are the following:
(A) In the case of a Justice of the United States, the
address of the United States Supreme Court.
(B) In the case of a judge of a Federal court, the address
of the courthouse.
(b) Verification of Information.--For purposes of section
202(c)(1)(D) of the REAL ID Act of 2005 (49 U.S.C. 30301
note), in the case of an individual described in subparagraph
(A) or (B) of subsection (a)(2), a State need only require
documentation of the address appearing on the individual's
driver's license or other identification card issued by that
State to the individual.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from North Carolina (Mr.
Coble) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Sadly, Mr. Speaker, our Nation's judiciary has been the repeated
targets of death threats and sometimes even violent acts. In 2005, for
example, the family members of a Federal judge in Chicago were
murdered. Two weeks later, a State judge, court reporter, and a
sheriff's deputy were killed in an Atlanta courthouse. And so it is
these acts of violence in the judiciary that bring us together.
Along with others, we have begun on the Judiciary Committee to
realize the need for legislation that will perhaps try to deal more
effectively with these concerns of safety in the courts. So I am
pleased that the gentleman from Virginia, the chairman of the
Subcommittee on Crime, Bobby Scott; and Judge Louie Gohmert of Texas, a
distinguished member of the committee, have joined with me in this
effort.
What we seek to do is improve the security for court officers and the
safeguards of judges and their families. We achieve this objective by
making several revisions in the current law.
First, we make the current redaction authority of Federal judges
under the Ethics and Government Act permanent. What this provision will
do is prevent would-be aggrieved litigants and others who might use a
Federal judge's personal information to determine how they might
threaten him or her or a family member of the court.
Another thing we do in this legislation is authorize an additional
$120 million for the United States Marshals Service over the course of
the next 6 years. These monies will enable the service to increase
ongoing investigations and expand protective services that are
currently provided to the Federal judiciary. This is a long overdue
item, and we were glad that we reached authorizing agreement on it.
The bill also makes it a Federal offense to publish the personal
information of a judge, law enforcement officer, or witness with the
intent to cause some act of intimidation or harassment, or to commit a
crime of violence. This measure authorizes $100 million over the course
of the next 5 fiscal years to create and expand the witness protection
programs to assist witnesses and victims of crime.
It has taken a couple years to put these various pieces together in
the bill, and we think that time for its passage is immediate, if not
overdue, and I urge my colleagues to give favorable consideration to
this very commonsense proposal.
Mr. Speaker, I reserve the balance of my time.
Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 660, the Court Security
Improvement Act of 2007. This legislation is a bipartisan effort, as
the chairman just mentioned, to improve the security of those who
administer our justice system, as well as those who serve as witnesses,
victims, and their families.
In recent years, Mr. Speaker, we have seen an increase in violence
and threats against judges, prosecutors, defense counsel, law
enforcement officers, courthouse employees; and the list is virtually
endless. It is critical that we address this violence in order to
preserve the integrity of, and the public confidence in, our justice
system.
The murders of family members of U.S. District Judge Joan Lefkow and
the brutal slayings of Judge Rowland Barton and his court personnel in
Atlanta are just a few of the many examples that underscore the need to
better protect those who serve our judiciary and their respective
families.
According to the Administrative Office of the U.S. Courts, almost 700
threats a year are made against Federal judges. In numerous cases, it
has been necessary to assign Federal judges security details for fear
of attack by terrorists, violent gangs, drug organizations, and
disgruntled litigants.
The problem of witness intimidation and threats has also continued to
grow, particularly at the State and local levels, where few resources
are available to protect witnesses, victims, and their families.
H.R. 660 improves coordination between the United States Marshals
Service and the Federal judiciary and bolsters security measures for
Federal prosecutors handling the dangerous trials against terrorists,
drug organizations, and other organized crime figures.
This bill also prohibits public disclosure on the Internet and other
public sources of personal information about judges, law enforcement
officers, victims, and witnesses, and protects Federal judges and
prosecutors from organized efforts to harass and intimidate them
through false filings of liens or other encumbrances against personal
property.
Additionally, H.R. 660 provides grants to State and local courts to
improve their security services. I want to thank the majority for
working with us to include other important provisions that were not in
the original legislation.
Under our bipartisan agreement, the legislation we consider today,
Mr. Speaker, also contains increased criminal penalties for assaults
against Federal law enforcement officers, makes permanent the redaction
authority for judges filing ethics disclosure forms, and reauthorizes
the Presidential Threat Task Forces.
Although we were unable to include in this legislation a provision
that ensures retired and off-duty police officers permission to carry
firearms under a Federal law enacted in 2004, I appreciate Chairman
Conyers' and Subcommittee Chairman Scott's promise to move and pass on
suspension the Law Enforcement Officers Safety Act of 2007, which
accomplishes that goal.
It is imperative, it seems to me, Mr. Speaker, that we continue to
work together on a bipartisan effort to ensure that judges, witnesses,
courthouse personnel, and law enforcement officers do not have to face
threats and violence when discharging their duties.
At the State and local level there is a dire need to provide basic
security services in the courtroom and for witnesses. H.R. 660
represents a significant first step in this area.
Mr. Speaker, when I served as chairman of the Crimes Subcommittee in
the previous Congress, the House passed legislation to improve court
security, only to see it die in the other body. I commend Chairman
Conyers, the distinguished gentleman from Michigan; Ranking Member
Smith, distinguished gentleman from Texas; as well as Crime
Subcommittee Chairman Scott, the distinguished gentleman from Virginia;
and another distinguished gentleman from Virginia, Representative
Forbes, for their continued leadership on this issue, and hope that we
can successfully get this legislation across the finish line.
Finally, I want to acknowledge what Chairman Conyers did, what
Ranking
[[Page H7466]]
Subcommittee Chairman Bobby Scott did, and the effects, as you
mentioned, Mr. Chairman, of Congressman Louie Gohmert, the
distinguished gentleman from Texas who himself is a former judge. These
three gentlemen were tireless advocates for better judicial security,
and I urge my colleagues to support this critical bipartisan measure.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume
for these closing remarks.
I agree with Howard Coble, the gentleman from North Carolina, that
our Nation's court system and those who work there must function in a
safe and professional environment, and that is what we are improving in
this measure. We have worked together in great harmony and cooperation,
and the measure helps in a substantial way to promote better security
for our judiciary and other court personnel, and I urge our colleagues
to support the passage of this critical measure.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in strong support of
H.R. 660, the ``Court Security Improvement Act of 2007.'' This
legislation will go a long way toward enhancing the security and
integrity of our judicial system and the able men and women who
comprise the Federal judiciary.
Mr. Speaker, let me quote the Chief Justice of the Texas Supreme
Court: ``Our democracy and the rule of law depend upon safe and secure
courthouses.'' That is because an independent judiciary is essential
for a regime based on the rule of law. Nothing can do more to undermine
the independence of the judiciary than the very real threat of physical
harm to members of the judiciary or their families to intimidate or
retaliate. In 1979, U.S. District Court Judge John Wood, Jr., was
fatally shot outside of his home by assassin Charles Harrelson. The
murder contract had been placed by Texas drug lord Jamiel Chagra, who
was awaiting trial before the judge.
In 1988, U.S. District Court Judge Richard Daronco was murdered at
his house by Charles Koster, the father of the unsuccessful plaintiff
in a discrimination case. The following year, U.S. Circuit Court Judge
Richard Vance was killed by a letter bomb sent to his home. The letter
bomb was attributed to racist animus against Judge Vance for writing an
opinion reversing a lower-court ruling to lift an 18-year desegregation
order from the Duval County, Florida schools.
In this age of the global war on terror, the danger faced by Federal
judges, judicial officers, and court personnel is real, as illustrated
by the three murders noted above. The recent and tragic murder of U.S.
District Court Judge Joan Humphrey Letkow's husband and mother reminds
us that the danger has not abated.
Mr. Speaker, H.R. 660 provides a three-pronged legislative response
to the security challenges facing our judicial institutions and
personnel. First, it directs the U.S. Marshals Service to consult with
the Judicial Conference regarding the security requirements for the
judicial branch, in order to improve the implementation of security
measures needed to protect judges, court employees, law enforcement
officers, jurors and other members of the public who are regularly in
Federal courthouses.
The bill also extends authority to redact information relating to
family members from a Federal judge's disclosure statements required by
the Ethics in Government Act and removes the sunset provision from the
redaction authority, thus making the redaction authority permanent.
Mr. Speaker, H.R. 660 also enhances the security and protection of
judicial personnel and their families by making it a criminal offense
to maliciously record a fictitious lien against a Federal judge or
Federal law enforcement officer. This new crime and punishment is
intended to deter individuals from attempting to intimidate and harass
Federal judges and employees by filing false liens against their real
and personal property.
The bill also makes it a crime to publish on the Internet restricted
personal information concerning judges, law enforcement, public safety
officers, jurors, witnesses, or other officers in any U.S. Court. The
penalty for a violation is a maximum term of imprisonment of 5 years.
Additionally, the bill increases the maximum penalty for killing or
attempting to kill a witness, victim, or informant to obstruct justice
or in retaliation for their testifying or providing information to law
enforcement by increasing maximum penalties.
All in all, Mr. Speaker, this bill makes a substantial contribution
to the enhancement of security of judicial institutions and personnel.
I urge all members to join me in supporting this beneficial
legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. COBLE. Mr. Speaker, I have no requests for time, and I too yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the bill, H.R. 660, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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