[House Report 109-279]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-279

======================================================================
 
PROVIDING FOR CONSIDERATION OF H.R. 1751, SECURE ACCESS TO JUSTICE AND 
                      COURT PROTECTION ACT OF 2005

                                _______
                                

  November 8, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 540]

    The Committee on Rules, having had under consideration 
House Resolution 540, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 1751, 
the Secure Access to Justice and Court Protection Act of 2005, 
under a structured rule. The rule provides one hour of general 
debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on the Judiciary. The 
rule waives all points of order against consideration of the 
bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill shall be considered as an original bill for 
the purpose of amendment and shall be considered as read. The 
rule waives all points of order against the committee amendment 
in the nature of a substitute.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments made in 
order may be offered only in the order printed in this report, 
may be offered only by a Member designated in this report, 
shall be considered as read, shall be debatable for the time 
specified in this report equally divided and controlled by the 
proponent and an opponent, shall not be subject to amendment, 
and shall not be subject to a demand for division of the 
question in the House or in the Committee of the Whole. The 
rule waives all points of order against the amendments printed 
in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4(a) of rule XIII 
(requiring a three-day layover of the committee report). The 
waiver is necessary because the Committee on the Judiciary 
filed its report (H. Rept. 109-271) with the House on Monday, 
November 7, 2005 and the bill may be considered by the House as 
early as Wednesday, November 9, 2005.

  SUMMARY OF AMENDMENTS MADE IN ORDER TO H.R. 1751--SECURE ACCESS TO 
                JUSTICE AND COURT PROTECTION ACT OF 2005

    (Summaries derived from information provided by the 
sponsors.)
     1. Sensenbrenner: Manager's Amendment. Clarifies that the 
death penalty shall apply only where death results and covers 
only those offenders who qualify as principals in the killing. 
In addition, the amendment makes eligible tribal courts for 
court security grants. Also corrects drafting of coordination 
requirement between U.S. Marshals and Administrative Office of 
the U.S. Courts on security measures. (10 minutes)
    2. Scott (VA): Replaces all mandatory minimum sentences 
with higher maximum sentences. (10 minutes)
    3. Scott (VA): Removes the death penalty for the killing of 
Federally funded public safety officers. (10 minutes)
    4. Cuellar: Adds a category of preferential consideration 
for witness protection grants. The new category will add 
another tool for border prosecutors to encourage witnesses to 
testify against cross-border crimes. (10 minutes)
    5. Jackson-Lee: Requires the Attorney General to work, 
through the Office of Justice Programs, to make grants to the 
highest State courts in States participating in the threat 
assessment database. (10 minutes)
    6. Filner: Adds the following grant guideline for young 
witness assistance, ``support for young witnesses who are 
trying to leave a criminal gang and information to prevent 
initial gang recruitment.'' (10 minutes)
    7. Weiner: Ensures that courts are authorized to apply 
directly to the Federal government for law enforcement grants. 
(10 minutes)
    8. King (IA): Allows any justice or judge of the United 
States, any judge of a court created under article I of the 
United States Constitution, any bankruptcy judge, any 
magistrate judge, any United States Attorney, and any other 
officer or employee of the Department of Justice whose duties 
include representing the U.S. in a court of law, to carry 
firearms subject to training and regulation as prescribed by 
the Attorney General. (10 minutes)
    9. Flake: Gives States an incentive to provide quality 
counsel to capital defendants during post-conviction review 
(also called State habeas). (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

   1. An Amendment To Be Offered by Representative Sensenbrenner of 
          Wisconsin, or His Designee, Debatable for 10 Minutes

  In the matter proposed to be inserted by section 2 as 
subsection (b)(2)(C) of section 115 of title 18, United States 
Code, after ``if death results'' insert ``and the offender is 
prosecuted as a principal''.
  In the matter proposed to be inserted by section 4(a) as 
section 1123(a) of title 18, United States Code, after ``if 
death results'' insert ``and the offender is prosecuted as a 
principal''.
  In the matter proposed to be inserted by section 18(a) as 
subparagraph (C) of section 901(a)(3) of the Omnibus Crime 
Control and Safe Streets Act of 1968 insert after ``within the 
State'' the following: ``or of an Indian tribe,''.
  In section 18(b), strike ``local unit of government'' and 
insert ``unit of local government or Indian tribe'' and strike 
``State or unit'' each place it appears and insert ``State, 
unit, or tribe''.
  In the matter proposed to be inserted by section 13(b)(3) as 
paragraph (24) of section 604(a) of title 28, United States 
Code, strike ``, and inform'' and all that follows through 
``requirements''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Scott of Virginia, or 
                 His Designee, Debatable for 10 Minutes

  In the matter proposed to be inserted by section 2 as a 
subsection (b)(2)(A)(ii) of section 115 of title 18, United 
States Code, strike ``and a term of imprisonment'' and all that 
follows through ``10 years'' and insert ``or a term of 
imprisonment for not more than 20 years, or both''.
  In the matter proposed to be inserted by section 2 as a 
subsection (b)(2)(A)(iii) of section 115 of title 18, United 
States Code, strike ``and a term of imprisonment'' and all that 
follows through ``12 years'' and insert ``or a term of 
imprisonment for not more than 30 years, or both''.
  In the matter proposed to be inserted by section 2 as a 
subsection (b)(2)(A)(iv) of section 115 of title 18, United 
States Code, strike ``and a term of imprisonment'' and all that 
follows through ``30 years'' and insert ``or a term of 
imprisonment for not more than 40 years, or both''.
  In the matter proposed to be inserted by section 2 as a 
subsection (b)(2)(B), strike ``not less than 30''.
  In the matter proposed to be inserted by section 2 as a 
subsection (b)(2)(C), strike ``not less than 30''.
   In the matter proposed to be inserted by section 2 as a 
subsection (b)(2)(D) of section 115 of title 18, United States 
Code, strike ``and imprisonment'' and all that follows through 
``10 years'' and insert ``or imprisonment for not more than 20 
years, or both''.
   In the matter proposed to be inserted by section 2 as a 
subsection (b)(2)(E) of section 115 of title 18, United States 
Code, strike ``5 years'' and insert ``not more than 10 years''.
  In the matter proposed to be inserted by section 3(b) as a 
subsection (c)(1)(B) of section 111 of title 18, United States 
Code, strike ``not less'' and all that follows through ``10 
years'' and insert ``not more than 20 years''.
  In the matter proposed to be inserted by section 3(b) as a 
subsection (c)(1)(C) of section 111 of title 18, United States 
Code, strike ``not less'' and all that follows through ``12 
years'' and insert ``not more than 30 years''.
  In the matter proposed to be inserted by section 3(b) as a 
subsection (c)(1)(D) of section 111 of title 18, United States 
Code, strike ``not less'' and all that follows through ``30 
years'' and insert ``not more than 40 years''.
  In the matter proposed to be inserted by section 3(b) as a 
subsection (c)(2) of section 111 of title 18, United States 
Code, strike ``5 years'' and insert ``not more than 10 years''.
  In the matter proposed to be inserted by section 20(a) as a 
section 1075 of title 18, United States Code, strike ``not less 
than 10'' and insert ``not more than 20''.
  In the matter proposed to be inserted by section 21(a) as a 
subsection (b) of section 1114 of title 18, United States Code, 
strike ``and imprisonment'' and all that follows through ``or 
for life'' and insert ``or imprisonment for any term of years, 
or for life, or both''.
  In the matter proposed to be inserted by section 21(b) in 
section 1201(a) of title 18, United States Code, strike ``and 
imprisonment'' and all that follows through ``or for life'' and 
insert ``or imprisonment for any term of years, or for life, or 
both''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Scott of Virginia, or 
                 His Designee, Debatable for 10 Minutes

  In the matter proposed to be inserted by section 4 as section 
1123(a) of title 18, United States Code, strike ``shall be 
punished'' and all that follows through ``death'' and insert 
``shall be fined under this title or imprisoned for any term or 
years or for life, or both''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Cuellar of Texas, or 
                 His Designee, Debatable for 10 Minutes

  Section 11(c) is amended--
  (1) by striking ``and'' at the end of paragraph (2);
  (2) by striking the period at the end of paragraph (3) and 
inserting ``; and''; and
  (3) by inserting after paragraph (3) the following:
          (4) shares an international border and faces a 
        demonstrable threat from cross border crime and 
        violence.
                              ----------                              


 5. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  In section 25, strike subsection (a) and insert the 
following:
  ``(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).''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Filner of California, 
               or His Designee, Debatable for 10 Minutes

  Section 26(d)(3) is amended
  (1) by redesignating subparagraphs ``(D)'' and ``(E)'' as 
subparagraphs ``(E)'' and ``(F)'', respectively; and
  (2) by inserting after subparagraph (C) the following:
                  ``(D) support for young witnesses who are 
                trying to leave a criminal gang and information 
                to prevent initial gang recruitment.''.
                              ----------                              


7. An Amendment To Be Offered by Representative Weiner of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill add the following:

SEC. __. STATE AND LOCAL COURT ELIGIBILITY.

  (a) Bureau Grants.--Section 302(c)(1) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3732(c)(1)) is amended by inserting ``State and local courts,'' 
after ``contracts with''.
  (b) Edward Bryne Grants.--
          (1) Formula grants.--Section 501 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3751) is amended--
                  (A) in subsection (a), by striking ``and 
                units of local government'' and inserting ``, 
                units of local government, and State and local 
                courts''; and
                  (B) in subsection (b), by inserting ``, State 
                and local courts,'' after ``use by States''.
          (2) Discretionary grants.--Section 510(a) of title I 
        of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3760(a)) is amended by inserting ``, 
        State and local courts,'' after ``private agencies,''.
  (c) Armor Vests.--Section 2501 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (3796ii) is 
amended--
          (1) in subsection (a), by inserting ``State and local 
        court,'' after ``local,''; and
          (2) in subsection (b), by inserting ``State and local 
        court'' after ``government,''.
  (d) Child Abuse Prevention.--Section 105 of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5106) is amended--
          (1) in the section heading, by inserting ``STATE AND 
        LOCAL COURTS,'' after ``AGENCIES'';
          (2) in subsection (a), by inserting ``and State and 
        local courts'' after ``such agencies or 
        organizations)''; and
          (3) in subsection (a)(1), by inserting ``and State 
        and local courts'' after ``organizations''.
                              ----------                              


 8. An Amendment To Be Offered by Representative King of Iowa, or His 
                   Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. ___. AUTHORITY OF FEDERAL JUDGES AND PROSECUTORS TO CARRY 
                    FIREARMS.

  (a) In General.--Chapter 203 of title 18, United States Code, 
is amended by inserting after section 3053 the following:

``Sec. 3054. Authority of Federal judges and prosecutors to carry 
                    firearms

  ``Any justice of the United States or judge of the United 
States (as defined in section 451 of title 28), any judge of a 
court created under article I of the United States 
Constitution, any bankruptcy judge, any magistrate judge, any 
United States attorney, and any other officer or employee of 
the Department of Justice whose duties include representing the 
United States in a court of law, may carry firearms, subject to 
such regulations as the Attorney General shall prescribe. Such 
regulations shall provide for training and regular 
certification in the use of firearms and shall, with respect to 
justices, judges, bankruptcy judges, and magistrate judges, be 
prescribed after consultation with the Judicial Conference of 
the United States.''.
  (b) Clerical Amendment.--The table of sections for such 
chapter is amended by inserting after the item relating to 
section 3053 the following:

``3054. Authority of Federal judges and prosecutors to carry 
          firearms.''.
                    ____________________________________________________

 9. An Amendment To Be Offered by Representative Flake of Arizona, of 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. __. COLLATERAL REVIEW IN CAPITAL CASES.

  (a) Review by Attorney General.--
          (1) Applicability.--Section 2261 of title 28, United 
        States Code, is amended by striking subsection (b) and 
        inserting the following:
  ``(b) Counsel.--This chapter is applicable if--
          ``(1) the Attorney General of the United States 
        certifies that a State has established a mechanism for 
        providing counsel in postconviction proceedings as 
        provided in section 2265; and
          ``(2) counsel was appointed pursuant to that 
        mechanism, petitioner validly waived counsel, 
        petitioner retained counsel, or petitioner was found 
        not to be indigent.''.
          (2) Scope of prior representation.--Section 2261(d) 
        of title 28, United States Code is amended by striking 
        ``or on direct appeal''.
          (3) Certification and judicial review.--
                  (A) In general.--Chapter 154 of title 28, 
                United States Code, is amended by striking 
                section 2265 and inserting the following:

``Sec. 2265. Certification and judicial review

  ``(a) Certification.--
          ``(1) In general.--If requested by an appropriate 
        State official, the Attorney General of the United 
        States shall determine--
                  ``(A) whether the State has established a 
                mechanism for the appointment, compensation, 
                and payment of reasonable litigation expenses 
                of competent counsel in State postconviction 
                proceedings brought by indigent prisoners who 
                have been sentenced to death;
                  ``(B) the date on which the mechanism 
                described in subparagraph (A) was established; 
                and
                  ``(C) whether the State provides standards of 
                competency for the appointment of counsel in 
                proceedings described in subparagraph (A).
          ``(2) Effective date.--The date the mechanism 
        described in paragraph (1)(A) was established shall be 
        the effective date of the certification under this 
        subsection.
          ``(3) Requirements.--
                  ``(A) In general.--To qualify for 
                certification under paragraph (1)--
                          ``(i) any mechanism described in 
                        subsection (1)(A) that was created on 
                        or after the effective date of the 
                        Antiterrorism and Effective Death 
                        Penalty Act of 1996 (Public Law 104-
                        132) shall be created by statute, rule 
                        of the court of last resort, or rule of 
                        an agency authorized by State law to 
                        promulgate statewide rules of court and 
                        must meet the requirements of section 
                        2261(c); and
                          ``(ii) for any mechanism described in 
                        subsection (1)(A) that was created 
                        prior to the effective date of the 
                        Antiterrorism and Effective Death 
                        Penalty Act of 1996 (Public Law 104-
                        132), all or part of the qualifying 
                        mechanism and standards may have been 
                        created by published policies, 
                        practices, and standards of the court 
                        of last resort or of a statewide 
                        judicial administrative agency, and the 
                        State must have substantially complied 
                        with the requirements of this section 
                        and section 2261 in providing qualified 
                        counsel to indigent prisoners sentenced 
                        to death who did not validly waive 
                        counsel.
                  ``(B) Only express requirements.--There are 
                no requirements for certification or for 
                application of this chapter other than those 
                expressly stated in this chapter.
  ``(b) Regulations.--The Attorney General shall promulgate 
regulations to implement the certification procedure under 
subsection (a).
  ``(c) Review of Certification.--
          ``(1) In general.--The determination by the Attorney 
        General regarding whether to certify a State under this 
        section is subject to review exclusively as provided 
        under chapter 158 of this title.
          ``(2) Venue.--The Court of Appeals for the District 
        of Columbia Circuit shall have exclusive jurisdiction 
        over matters under paragraph (1), subject to review by 
        the Supreme Court under section 2350 of this title.
          ``(3) Standard of review.--The determination by the 
        Attorney General regarding whether to certify a State 
        under this section shall be conclusive, unless 
        manifestly contrary to the law and an abuse of 
        discretion.''.
                  (B) Clerical amendment.--The table of 
                sections for chapter 154 of title 28, United 
                States Code, is amended by striking the item 
                related to section 2265 and inserting the 
                following:

``2265. Certification and judicial review.''.

  (b) Time Limits.--Section 2266(b)(1)(A) of title 28, United 
States Code, is amended by striking ``180 days after the date 
on which the application is filed.'' and inserting ``450 days 
after the date on which the application is filed, or 60 days 
after the date on which the case is submitted for decision, 
whichever is earlier.''.
  (c) Tolling.--Section 2263(b) of title 28, United States 
Code, is amended--
          (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (2) through (4), respectively; and
          (2) by inserting before paragraph (2) the following:
          ``(1) if counsel is offered to a State prisoner under 
        section 2261(c)(1), during the period prior to such 
        offer;''.
  (d) Scope of Review.--Section 2264 of title 28, United States 
Code, is amended by redesignating subsection (b) as subsection 
(d) and inserting after subsection (a) the following:
  ``(b) Validity of Conviction.--A court, justice, or judge 
shall not have jurisdiction to consider a claim in an 
application under this chapter unless the claim concerns the 
validity of the conviction of the applicant for the underlying 
offense for which the applicant was sentenced to death. For a 
claim involving the offense of murder, conviction for the 
underlying offense means conviction for murder in any degree.
  ``(c) Relief.--For any claim brought under this section, 
relief shall not be granted, unless the denial of relief--
          ``(1) is contrary to, or would entail an unreasonable 
        application of, clearly established Federal law, as 
        determined by the Supreme Court of the United States; 
        or
          ``(2) would entail an unreasonable determination of a 
        factual matter.''.
  (e) Priority to Capital Cases.--Section 2251 of title 28, 
United States Code, is amended--
          (1) in the first undesignated paragraph by striking 
        ``A justice'' and inserting the following:
  ``(a) In General.--
          ``(1) Pending matters.--A justice'';
          (2) in the second undesignated paragraph, by striking 
        ``After the'' and inserting the following:
  ``(b) No Further Proceedings.--After the'';
          (3) in subsection (a), as so designated by paragraph 
        (1), by adding at the end the following:
          ``(2) Matter not pending.--
                  ``(A) In general.--A habeas corpus proceeding 
                is not pending, for this purpose, until the 
                application is filed.
                  ``(B) Application for counsel.--If a State 
                prisoner sentenced to death applies for 
                appointment of counsel pursuant to section 
                408(q)(4)(B) of the Controlled Substances Act 
                (21 U.S.C. 848(q)(4)(B)) in a court that would 
                have jurisdiction to entertain a habeas 
                application regarding that sentence, that court 
                may stay execution of the sentence of death, 
                but such a prefiling stay shall terminate not 
                later than 60 days after counsel is appointed 
                or the application for appointment of counsel 
                is withdrawn or denied.''; and
          (4) by adding at the end the following:
  ``(c) Stay of Matters.--
          ``(1) Scope of authority to stay.--This section, 
        section 2262, and section 2101 are the exclusive 
        sources of authority for Federal courts to stay 
        sentences of death entered by State courts.
          ``(2) Priority of cases.--Any case in which a stay of 
        a sentence of death has been entered pursuant to this 
        section shall have priority over all noncapital cases.
          ``(3) Plan for cases.--Every Federal court that hears 
        capital habeas corpus cases shall adopt a plan to 
        ensure that such cases are completed in the minimum 
        amount of time that is consistent with due process.
          ``(4) Mental condition.--A Federal court shall not 
        stay a capital habeas proceeding on the basis of the 
        mental condition of the petitioner unless the 
        petitioner is incompetent to be executed.''.
  (f) Additional Provisions.--
          (1) Uniform review standard.--Section 107(c) of the 
        Antiterrorism and Effective Death Penalty Act of 1996 
        (28 U.S.C. 2261 note) is amended by striking ``Chapter 
        154 of title 28, United States Code (as amended by 
        subsection (a))'' and inserting ``This title and the 
        amendments made by this title''.
          (2) Finality of review.--Section 2244(b)(3)(E) of 
        title 28, United States Code, is amended by striking 
        ``the subject of a petition'' and all that follows 
        through the end of the subparagraph and inserting the 
        following: ``reheard in the court of appeals or 
        reviewed by writ of certiorari.''.
          (3) Clemency and pardon decisions.--
                  (A) In general.--Chapter 85 of title 28, 
                United States Code, is amended by adding at the 
                end the following:

``Sec. 1370. State clemency and pardon decisions

  ``(a) In General.--Except as provided under subsection (b), 
and notwithstanding any other provision of law, no Federal 
court shall have jurisdiction to hear any cause or claim 
arising from the exercise of a State's executive clemency or 
pardon power, or the process or procedures used under such 
power.
  ``(b) Exception.--This section does not affect the 
jurisdiction of the Supreme Court to review any decision of the 
highest court of a State that involves a cause or claim arising 
from the exercise of a State's executive clemency or pardon 
power, or the process or procedures used under such power.''.
                  (B) Clerical amendment.--The table of 
                sections for chapter 85 of title 28, United 
                States Code, is amended by adding at the end 
                the following:

``1370. State clemency and pardon decisions.''.

  (g) Application to Pending Cases.--
          (1) In general.--Except as otherwise provided in this 
        section, this section and the amendments made by this 
        section shall apply to cases pending on and after the 
        date of enactment of this Act.
          (2) Time limits.--In a case pending on the date of 
        enactment of this Act, if the amendments made by this 
        section establish a time limit for taking certain 
        action, the period of which began on the date of an 
        event that occurred prior to the date of enactment of 
        this Act, the period of such time limit shall instead 
        begin on the date of enactment of this Act.

                                  
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