[Congressional Record Volume 153, Number 195 (Wednesday, December 19, 2007)]
[House]
[Pages H16867-H16871]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COURT SECURITY IMPROVEMENT ACT OF 2007
Mr. CONYERS. Madam Speaker, I move to suspend the rules and concur in
the Senate amendment to 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
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 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. The United States Marshals Service retains final
authority regarding security requirements for the Tax
Court.''.
(c) Reimbursement.--The United States Tax Court shall
reimburse the United States Marshals Service for protection
provided under the amendments made by this section.
SEC. 103. 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 $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, assistant United States attorneys,
and other attorneys employed by the Federal Government; and
(3) for the Office of Protective Intelligence, for hiring
senior-level deputy marshals, hiring program analysts, and
providing secure computer systems.
SEC. 104. FINANCIAL DISCLOSURE REPORTS.
Section 105(b)(3) of the Ethics in Government Act of 1978
(5 U.S.C. App) is amended by striking ``2009'' each place it
appears and inserting ``2011''.
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. 119. Protection of individuals performing certain
official duties
``(a) In General.--Whoever knowingly makes restricted
personal information about a covered person, or a member of
the immediate family of that covered person, publicly
available--
``(1) with the intent to threaten, intimidate, or incite
the commission of a crime of violence against that covered
person, or a member of the immediate family of that covered
person; 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 person, or a member of the immediate family of that
covered person,
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;
[[Page H16868]]
``(2) the term `covered person' 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, or was, serving at any examination or other proceeding
before any United States magistrate judge or other committing
magistrate;
``(C) an informant or witness in a Federal criminal
investigation or prosecution; or
``(D) a State or local officer or employee whose restricted
personal information is made publicly available because of
the participation in, or assistance provided to, a Federal
criminal investigation by that officer or employee;
``(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 OR TAMPERING WITH A WITNESS, VICTIM,
OR AN INFORMANT OFFENSE.
Section 1512 of title 18, United States Code, is amended--
(1) in subsection (a)(3)--
(A) by amending subparagraph (A) to reads as follows:
``(A) in the case of a killing, the punishment provided in
sections 1111 and 1112;'';
(B) in the matter following clause (ii) of subparagraph (B)
by striking ``20 years'' and inserting ``30 years''; and
(C) in subparagraph (C), by striking ``10 years'' and
inserting ``20 years'';
(2) in subsection (b), by striking ``ten years'' and
inserting ``20 years''; and
(3) 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 ``15 years'';
and
(2) by striking ``six years'' and inserting ``8 years''.
SEC. 208. ASSAULT PENALTIES.
(a) In General.--Section 115(b) of title 18, United States
Code, is amended 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) a fine under this title; and
``(B)(i) if the assault consists of a simple assault, a
term of imprisonment for not more than 1 year;
``(ii) if the assault involved physical contact with the
victim of that assault or the intent to commit another
felony, a term of imprisonment for not more than 10 years;
``(iii) if the assault resulted in bodily injury, a term of
imprisonment for not more than 20 years; or
``(iv) if the assault resulted in serious bodily injury (as
that term is defined in section 1365 of this title, and
including any conduct that, if the conduct occurred in the
special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242 of this title) or
a dangerous weapon was used during and in relation to the
offense, a term of imprisonment for not more than 30
years.''.
(b) Conforming Amendment.--Section 111(a) of title 18,
United States Code, is amended by striking ``in all other
cases'' and inserting ``where such acts involve physical
contact with the victim of that assault or the intent to
commit another felony''.
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 circumstance 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 of such threats, and whether the initial
senders of such threats were acting in an individual capacity
or as 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
(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 $15,000,000 for
each of 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
[[Page H16869]]
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: ``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, 1977 (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) Bankruptcy Judges.--
(1) In general.--The Director of the Administrative Office
of the United States Courts, upon authorization by the
Judicial Conference of the United States and subject to the
availability of appropriations, shall pay on behalf of
bankruptcy judges appointed under section 152 of title 28,
United States Code, aged 65 or over, any increases in the
cost of Federal Employees' Group Life Insurance imposed after
April 24, 1999, including any expenses generated by such
payments.
(2) Implementation.--Any payment authorized by the Judicial
Conference of the United States under paragraph (1) 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 that authorization.
(c) Construction.--For purposes of construing and applying
chapter 87 of title 5, United States Code, including any
adjustment of insurance rates by regulation or otherwise, the
following categories of judicial officers shall be deemed to
be judges of the United States as described under section
8701 of title 5, United States Code:
(1) Bankruptcy judges appointed under section 152 of title
28, United States Code.
(2) Magistrate judges appointed under section 631 of title
28, United States Code.
(3) 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, 1977 (48 U.S.C. 1821),
or section 24(a) of the Revised Organic Act of the Virgin
Islands (48 U.S.C. 1614(a)).
(4) Judges retired under section 377 of title 28, United
States Code.
(5) Judges retired under section 373 of title 28, United
States Code.
(d) Effective Date.--Subsection (c) and 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 district 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, having performed in the
preceding calendar year an amount of work equal to or greater
than the amount of work an average judge in active service on
that court would perform in 6 months, and having elected to
exercise such powers, shall have the powers of a judge of
that court to participate in appointment of court officers
and magistrate judges, rulemaking, governance, and
administrative matters.''.
SEC. 504. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF
MAGISTRATE JUDGES.
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
2 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--
(1) by striking ``and'' after ``fiscal year 2002,''; and
(2) by inserting ``, and $10,000,000 for each of 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.
SEC. 509. FEDERAL JUDGES FOR COURTS OF APPEALS.
(a) In General.--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
[[Page H16870]]
(2) in the item relating to the Ninth Circuit, by striking
``28'' and inserting ``29''.
(b) Effective Date.--The amendments made by subsection
(a)(2) shall take effect on January 21, 2009.
SEC. 510. NATIONAL INSTITUTE OF JUSTICE STUDY AND REPORT.
(a) Study Required.--The Director of the National Institute
of Justice (referred to in this section as the ``Director'')
shall conduct a study to determine and compile the collateral
consequences of convictions for criminal offenses in the
United States, each of the 50 States, each territory of the
United States, and the District of Columbia.
(b) Activities Under Study.--In conducting the study under
subsection (a), the Director shall identify any provision in
the Constitution, statutes, or administrative rules of each
jurisdiction described in that subsection that imposes
collateral sanctions or authorizes the imposition of
disqualifications, and any provision that may afford relief
from such collateral sanctions and disqualifications.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall submit to Congress
a report on the activities carried out under this section.
(2) Contents.--The report submitted under paragraph (1)
shall include a compilation of citations, text, and short
descriptions of any provision identified under subsection
(b).
(3) Distribution.--The report submitted under paragraph (1)
shall be distributed to the legislature and chief executive
of each of the 50 States, each territory of the United
States, and the District of Columbia.
(d) Definitions.--In this section:
(1) Collateral consequence.--The term ``collateral
consequence'' means a collateral sanction or a
disqualification.
(2) Collateral sanction.--The term ``collateral
sanction''--
(A) means a penalty, disability, or disadvantage, however
denominated, that is imposed by law as a result of an
individual's conviction for a felony, misdemeanor, or other
offense, but not as part of the judgment of the court; and
(B) does not include a term of imprisonment, probation,
parole, supervised release, fine, assessment, forfeiture,
restitution, or the costs of prosecution.
(3) Disqualification.--The term ``disqualification'' means
a penalty, disability, or disadvantage, however denominated,
that an administrative agency, official, or a court in a
civil proceeding is authorized, but not required, to impose
on an individual convicted of a felony, misdemeanor, or other
offense on grounds relating to the conviction.
SEC. 511. TECHNICAL AMENDMENT.
Section 2255 of title 28, United States Code, is amended by
designating the 8 undesignated paragraphs as subsections (a)
through (h), respectively.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Gohmert) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members
may 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. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, this is important legislation passed in the House on a
strong bipartisan basis to improve the security of Federal judges,
other Federal court officers, and their families. It allows judges to
redact from their public disclosure forms personal information about
their families that could be used to harm them. It provides increased
funding for judicial protective services furnished by the United States
Marshals and for Federal witness protection programs. It prohibits
publishing of personal information about a judge, law enforcement
officer or witness with the intent to cause harassment, intimidation or
a crime of violence.
It enhances prison terms for assaults and other violent acts with
intent to intimidate or interfere with judges and other Federal
officers in performance of their official duties.
The House passed this bill in July by voice vote under suspension.
The Senate has now passed it with an amendment that makes a few
refinements, all of which should be acceptable to the House. It takes a
slightly different approach to the enhanced prison terms for assaults
and violent acts against judges and other Federal officers.
This legislation has been years in the making, and we are now finally
able to send it to the President.
I thank the members of the Judiciary Committee, which I am proud to
be the chairman of, but particularly Judge Louie Gohmert, the new
ranking member of the Crime Subcommittee, who introduced this bill
originally in a previous Congress. I also send out congratulations to
the chairman of the Crime Subcommittee of the Judiciary Committee,
Bobby Scott of Virginia, and committee members Randy Forbes of Virginia
and Anthony Weiner of New York. I strongly urge support of this
legislation.
Madam Speaker, I reserve the balance of my time.
Mr. GOHMERT. Madam Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 660, the Court Security Improvement Act of
2007, and I would like to commend the chairman of the Judiciary
Committee, Chairman Conyers. We do disagree on issues often enough, but
he is the consummate gentleman, he is the consummate chairman, and I
have always found him to be fair, and appreciate his effort and his
work in pushing this bill to make it become law.
{time} 1315
This legislation then is truly bipartisan. It is bicameral. And it is
to improve the security of those who administer our justice system, as
well as those it serves, such as witnesses, victims and their families.
Just this week the Senate approved this legislation, making several
improvements to the bill. In recent years we've seen an increase in
violence and threats against judges, prosecutors, defense counsel, law
enforcement officers, and courthouse employees. It is critical that we
address this violence in order to preserve the integrity of and public
confidence in our justice system.
As I explain to litigants in my courtroom as a judge, it may be that
the courtroom ends up being the last bastion of civility in America,
but we will have civility in our courtroom. There will be no violence.
Everyone will come in regardless of what happened outside the
courtroom. We will sit. We will stand when it's your turn, you will
speak when it's your turn, and we will abide by the rules as we try to
do here in the House.
But the murders of family members of U.S. District Judge Joan Lefkow
and the brutal slayings of Judge Roland 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 families.
According to the Administrative Office of 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. As a former State district judge, I'm familiar
with such threats personally. Threats against me personally didn't
actually worry me until they were made against my family.
On looking at Federal law and the penalties, there was a disparity in
the penalties for a crime against some family members of court
personnel and Federal law enforcement which needed to be addressed.
That's what caused me to go to work on this area last Congress, and I'm
so pleased that this may actually become law in this Congress.
The problem with witnesses being intimidated as well as threats
toward witnesses has also continued to grow, particularly at the State
and local level where few resources are available to protect witnesses,
victims and their families.
H.R. 660 improves coordination between the U.S. marshals and the
Federal judiciary and bolsters security measures for Federal
prosecutors handling dangerous trials against terrorists, drug
organizations and organized crime figures.
The bill also prohibits public disclosure on the Internet or 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 filing of liens or other encumbrances against personal
property.
Additionally, H.R. 660 provides grants to States 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
[[Page H16871]]
original legislation earlier in this Congress. Although there are still
some provisions I would like to have seen, this bill includes so many
excellent provisions. I do applaud the chairman and the others on the
committee for the work. It is imperative that we continue to work
together in a bipartisan effort to protect the judges, witnesses,
courthouse personnel and law enforcement officers, as well as the
witnesses and their families who are working to protect the rest of the
country from criminal acts. Threats and violence require our action
today to help them while they help us.
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.
Madam Speaker, I commend again Chairman Conyers and Ranking Member
Smith as well as Subcommittee Chairman Scott and former Ranking Member
Forbes for their continued leadership on this issue.
As a former judge, I hope that we will be successful in getting this
legislation across the finish line under your leadership.
I urge my colleagues to support this critical bipartisan and
bicameral measure.
Madam Speaker, I yield back the balance of my time.
Mr. CONYERS. Madam Speaker, I yield myself as much time as I may
consume.
The importance of judicial security has been explained by Mr.
Gohmert, the ranking member of the Subcommittee on Crime and the floor
manager today, and it was underscored by the murders of family members
of a Chicago Federal judge in 2005, and then, less than 2 weeks later,
the killings of a State judge, a court reporter and a sheriff's deputy
in an Atlanta courthouse. These acts of violence, along with numerous
others, led to the introduction of this measure before us now, H.R.
660, the Court Security Improvement Act, which, among other things,
seeks to improve judicial security, not just for court officers, but to
safeguard judges and their families as well.
Although the security of all Federal buildings increased in the wake
of the 1995 April bombing of the Murrah Federal Building in Oklahoma
City and the September 11, 2001, terrorist attacks, the importance of
judicial security was brought more particularly to the Nation's
attention by reports of the murders of family members of a Chicago
Federal judge and the killings less than 2 weeks later of a State
judge, a court reporter, and a sheriff's deputy in an Atlanta
courthouse. Another incident occurred in June of 2006 when a sniper
shot a State judge in Reno, Nevada through the window of the judge's
own office.
Supreme Court Justices have also been intended targets of violence
and death threats. Last year it was revealed that home-baked cookies
infused with poison were mailed to all nine Justices in the year 2005.
According to one media report, Justice Sandra Day O'Connor was quoted
as saying that each one contained enough poison to kill the entire
membership of the court.
All three branches of the Federal Government play unique roles in
helping to ensure the safety of judges and the security of the Federal
courts. In this joint effort, the role of Congress is to authorize
programs, appropriate funds and provide oversight of judicial security.
The Judicial Conference of the United States, the principal
policymaking body of the Federal judiciary, governs the administration
of the United States courts. The Conference's Committee on Judicial
Security monitors the security of the judiciary, including the
protection of court facilities and proceedings, judicial officers, and
court staff at Federal court facilities and other locations, and makes
policy recommendations to the Conference. As the central support entity
for the judicial branch, the Administrative Office of the United States
Courts implements Judicial Conference policies, including security
measures.
By law, the United States Marshals Service within the Department of
Justice has primary responsibility for the security of the judiciary,
including the safe conduct of court proceedings and the security of
Federal judges and court personnel at facilities and off-site as well.
They also provide protection details for those who are targets of
threats and attacks, and provides other law enforcement services for
the Department of Justice. Within the Marshals Service, the Judicial
Security Division is specifically responsible for providing security
services and staff support to the Federal judiciary, including personal
protection for judges and physical security of Federal courthouses.
The USMS, the Marshals Service, conducts threat assessments when they
are directed against individuals, including Federal judges, but also
United States attorneys, court staff and family members, and then
determines the level of security that is necessary for developing
security plans and assigning the required resources to ensure their
safety. A deputy marshal is required to attend any sessions of the
court at the request of the presiding judge. A judicial security
inspector, a senior level deputy marshal, is assigned to each judicial
district to evaluate courthouse security and procedures and to
coordinate scheduling, posting and other matters related to court
security officers. The inspectors also conduct security surveys at
judges' homes and recommend improvements.
To enhance its capability to strengthen protection of the judiciary,
the Marshals Service established the Office of Protective Intelligence
in the year 2004 to review and analyze intelligence information about
the security of those under Marshals Service protection. On a daily
basis, the OPI issues security advisories, intelligence bulletins and
many other things that I, although I would like to go into it, time
does not permit the opportunity to explain in further detail.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Ms. DeGette). The question is on the motion
offered by the gentleman from Michigan (Mr. Conyers) that the House
suspend the rules and concur in the Senate amendment to the bill, H.R.
660.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendment was concurred in.
A motion to reconsider was laid on the table.
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