[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 660 Reported in House (RH)]
Union Calendar No. 134
110th CONGRESS
1st Session
H. R. 660
[Report No. 110-218, Part I]
To amend title 18, United States Code, to protect judges, prosecutors,
witnesses, victims, and their family members, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 24, 2007
Mr. Conyers (for himself, Mr. Gohmert, and Mr. Scott of Virginia)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Ways and Means and
Oversight and Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
July 10, 2007
Additional sponsors: Mr. Weiner, Mr. Smith of Texas, and Ms. Jackson-
Lee of Texas
July 10, 2007
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
July 10, 2007
Committees on Ways and Means and Oversight and Government Reform
discharged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January
24, 2007]
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to protect judges, prosecutors,
witnesses, victims, and their family members, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Court Security Improvement Act of
2007''.
TITLE I--JUDICIAL SECURITY IMPROVEMENTS AND FUNDING
SEC. 101. JUDICIAL BRANCH SECURITY REQUIREMENTS.
(a) Ensuring Consultation With the Judiciary.--Section 566 of title
28, United States Code, is amended by adding at the end the following:
``(i) The Director of the United States Marshals Service shall
consult with the Judicial Conference of the United States on a
continuing basis regarding the security requirements for the judicial
branch of the United States Government, to ensure that the views of the
Judicial Conference regarding the security requirements for the
judicial branch of the Federal Government are taken into account when
determining staffing levels, setting priorities for programs regarding
judicial security, and allocating judicial security resources. In this
paragraph, the term `judicial security' includes the security of
buildings housing the judiciary, the personal security of judicial
officers, the assessment of threats made to judicial officers, and the
protection of all other judicial personnel. The United States Marshals
Service retains final authority regarding security requirements for the
judicial branch of the Federal Government.''.
(b) Conforming Amendment.--Section 331 of title 28, United States
Code, is amended by adding at the end the following:
``The Judicial Conference shall consult with the Director of United
States Marshals Service on a continuing basis regarding the security
requirements for the judicial branch of the United States Government,
to ensure that the views of the Judicial Conference regarding the
security requirements for the judicial branch of the Federal Government
are taken into account when determining staffing levels, setting
priorities for programs regarding judicial security, and allocating
judicial security resources. In this paragraph, the term `judicial
security' includes the security of buildings housing the judiciary, the
personal security of judicial officers, the assessment of threats made
to judicial officers, and the protection of all other judicial
personnel. The United States Marshals Service retains final authority
regarding security requirements for the judicial branch of the Federal
Government.''.
SEC. 102. 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. ADDITIONAL AMOUNTS FOR UNITED STATES MARSHALS SERVICE TO
PROTECT THE JUDICIARY.
In addition to any other amounts authorized to be appropriated for
the United States Marshals Service, there are authorized to be
appropriated for the United States Marshals Service to protect the
judiciary, $20,000,000 for each of fiscal years 2008 through 2013 for--
(1) hiring entry-level deputy marshals for providing
judicial security;
(2) hiring senior-level deputy marshals for investigating
threats to the judiciary and providing protective details to
members of the judiciary and assistant United States attorneys;
and
(3) for the Office of Protective Intelligence, for hiring
senior-level deputy marshals, hiring program analysts, and
providing secure computer systems.
TITLE II--CRIMINAL LAW ENHANCEMENTS TO PROTECT JUDGES, FAMILY MEMBERS,
AND WITNESSES
SEC. 201. PROTECTIONS AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS
AGAINST FEDERAL JUDGES AND FEDERAL LAW ENFORCEMENT
OFFICERS.
(a) Offense.--Chapter 73 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1521. Retaliating against a Federal judge or Federal law
enforcement officer by false claim or slander of title
``Whoever files, attempts to file, or conspires to file, in any
public record or in any private record which is generally available to
the public, any false lien or encumbrance against the real or personal
property of an individual described in section 1114, on account of the
performance of official duties by that individual, knowing or having
reason to know that such lien or encumbrance is false or contains any
materially false, fictitious, or fraudulent statement or
representation, shall be fined under this title or imprisoned for not
more than 10 years, or both.''.
(b) Clerical Amendment.--The chapter analysis for chapter 73 of
title 18, United States Code, is amended by adding at the end the
following new item:
``1521. Retaliating against a Federal judge or Federal law enforcement
officer by false claim or slander of
title.''.
SEC. 202. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN OFFICIAL DUTIES.
(a) Offense.--Chapter 7 of title 18, United States Code, is amended
by adding at the end the following:
``Sec. 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
(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. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL JUDGES LIFE
INSURANCE.
(a) In General.--Section 604(a)(5) of title 28, United States Code,
is amended by inserting after ``hold office during good behavior,'' the
following: ``bankruptcy judges appointed under section 152 of this
title, magistrate judges appointed under section 631 of this title, and
territorial district court judges appointed under section 24 of the
Organic Act of Guam (48 U.S.C. 1424b), section 1(b) of the Act of
November 8, 1877 (48 U.S.C. 1821), or section 24(a) of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1614(a)),''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any payment made on or after the first day of the
first applicable pay period beginning on or after the date of enactment
of this Act.
SEC. 503. ASSIGNMENT OF JUDGES.
Section 296 of title 28, United States Code, is amended by
inserting at the end of the second undesignated paragraph the following
new sentence: ``However, a judge who has retired from regular active
service under section 371(b) of this title, when designated and
assigned to the court to which such judge was appointed, shall have all
the powers of a judge of that court, including participation in
appointment of court officers and magistrates, rulemaking, governance,
and administrative matters.''.
SEC. 504. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF MAGISTRATES.
Section 631(a) of title 28, United States Code, is amended by
striking ``Northern Mariana Islands'' the first place it appears and
inserting ``Northern Mariana Islands (including any judge in regular
active service and any judge who has retired from regular active
service under section 371(b) of this title, when designated and
assigned to the court to which such judge was appointed)''.
SEC. 505. 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--
(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.
Union Calendar No. 134
110th CONGRESS
1st Session
H. R. 660
[Report No. 110-218, Part I]
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to protect judges, prosecutors,
witnesses, victims, and their family members, and for other purposes.
_______________________________________________________________________
July 10, 2007
Committees on Ways and Means and Oversight and Government Reform
discharged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed