II
109th CONGRESS
1st Session
S. 1968
IN THE SENATE OF THE UNITED STATES
November 7, 2005
Mr. Specter (for himself, Mr. Leahy, and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to protect judges, prosecutors, witnesses, victims, and their family members, and for other purposes.
Short title
Short title
This Act may be cited as the Court Security Improvement Act of
2005
.
Judicial branch security requirements
Ensuring Consultation and Coordination With the Judiciary
Section 566 of title 28, United States Code, is amended by adding at the end the following:
The Director of the United States Marshals Service shall consult and coordinate 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.
.
Conforming amendment
Section 331 of title 28, United States Code, is amended by adding at the end the following:
The Judicial Conference shall consult and coordinate 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.
.
Protection of family members
Section 105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—
in subparagraph (A), by inserting or
a family member of that individual
after that
individual
; and
in subparagraph (B)(i), by inserting
or a family member of that individual
after the
report
.
Extension of sunset provision
Section
105(b)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App) is amended by
striking 2005
each place that term appears and inserting
2009
.
Protections against malicious recording of fictitious liens against Federal judges and Federal law enforcement officers
Offense
Chapter 73 of title 18, United States Code, is amended by adding at the end the following:
Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title
Whoever files or attempts 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 a Federal judge or a Federal law enforcement official, on account of the performance of official duties by that Federal judge or Federal law enforcement official, 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.
As used in this section—
the term Federal judge means a justice or judge of the United States as defined in section 451 of title 28, United States Code, a judge of the United States Court of Federal Claims, a United States bankruptcy judge, a United States magistrate judge, and a judge of the United States Court of Appeals for the Armed Forces, United States Court of Appeals for Veterans Claims, United States Tax Court, District Court of Guam, District Court of the Northern Mariana Islands, or District Court of the Virgin Islands; and
the term Federal law enforcement officer has the meaning given that term in section 115 of this title and includes an attorney who is an officer or employee of the United States in the executive branch of the Government.
.
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:
.
Protection of individuals performing certain official duties
Offense
Chapter 7 of title 18, United States Code, is amended by adding at the end the following:
Protection of individuals performing certain official duties
Whoever knowingly makes restricted personal information about a covered official, or a member of the immediate family of that covered official, publicly available, with the intent that such restricted personal information be used to kill, kidnap, or inflict bodily harm upon, or to threaten to kill, kidnap, or inflict bodily harm upon, that covered official, or a member of the immediate family of that covered official, shall be fined under this title and imprisoned not more than 5 years, or both.
As used in this section—
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;
the term covered official means—
an individual designated in section 1114;
a Federal judge or Federal law enforcement officer as those terms are defined in section 1521; or
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; and
the term immediate family has the same meaning given that term in section 115(c)(2).
.
Clerical amendment
The chapter analysis for chapter 7 of title 18, United States Code, is amended by adding at the end the following new item:
.
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
.
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:
A prosecution under this section may be brought in the district in which the official proceeding (whether or not pending, about to be instituted or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred.
.
Witness protection grant program
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part BB (42 U.S.C. 3797j et seq.) the following new part:
Witness protection grants
Program authorized
In general
From amounts made available to carry out this part, the Attorney General may make grants to States, units of local government, and Indian tribes to create and expand witness protection programs in order to prevent threats, intimidation, and retaliation against victims of, and witnesses to, crimes.
Uses of funds
Grants awarded under this part shall be—
distributed directly to the State, unit of local government, or Indian tribe; and
used for the creation and expansion of witness protection programs in the jurisdiction of the grantee.
Preferential consideration
In awarding grants under this part, the Attorney General may give preferential consideration, if feasible, to an application from a jurisdiction that—
has the greatest need for witness and victim protection programs;
has a serious violent crime problem in the jurisdiction; and
has had, or is likely to have, instances of threats, intimidation, and retaliation against victims of, and witnesses to, crimes.
Authorization of appropriations
There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2006 through 2010.
.
Grants to states to protect witnesses and victims of crimes
In general
Section 31702 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended—
in paragraph (3), by striking
and
at the end;
in paragraph (4),
by striking the period and inserting ; and
; and
by adding at the end the following:
to create and expand witness and victim protection programs to prevent threats, intimidation, and retaliation against victims of, and witnesses to, violent crimes.
.
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:
Authorization of appropriations
There are authorized to be appropriated $20,000,000 for each of the fiscal years 2006 through 2010 to carry out this subtitle.
.
Eligibility of state courts for certain Federal grants
Purpose of grants
Section 510(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3760) is amended by inserting State
courts,
after institutions,
.
Correctional options grants
Section 515 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3762a) is amended—
in subsection (a)—
in paragraph (2),
by striking and
at the end;
in paragraph (3),
by striking the period and inserting ; and
; and
by adding at the end the following:
grants to State courts to improve security for State and local court systems.
; and
in subsection (b), by inserting after the period the following:
Priority shall be given to State court applicants under subsection (a)(4) that have the greatest demonstrated need to provide security in order to administer justice..
Allocations
Section 516(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3762b) is amended by—
striking
80
and inserting 70
;
striking
and 10
and inserting 10
; and
inserting before
the period the following: , and 10 percent for section
515(a)(4)
.
United States court of appeals for veterans claims
Section 7253(e) of title 38, United States
Code, is amended by striking district courts
and inserting
Courts of Appeals
.
Bankruptcy, Magistrate, and territorial judges life insurance
Bankruptcy judges
Section 153 of title 28, United States Code, is amended by adding at the end the following:
For purposes of construing and applying chapter 87 of title 5, United States Code, including any adjustment of insurance rates by regulation or otherwise, a bankruptcy judge of the United States in regular active service or who is retired under section 377 of this title shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.
.
United States Magistrate judges
Section 634(c) of title 28, United States Code, is amended—
by inserting
(1)
after (c)
; and
by adding at the end the following:
For purposes of construing and applying chapter 87 of title 5, United States Code, including any adjustment of insurance rates by regulation or otherwise, a magistrate judge of the United States in regular active service or who is retired under section 377 of this title shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.
.
Territorial judges
Guam
Section 24 of the Organic Act of Guam (48 U.S.C. 1424b) is amended by adding at the end the following:
For purposes of construing and applying chapter 87 of title 5, United States Code, including any adjustment of insurance rates by regulation or otherwise, a judge appointed under this section who is in regular active service or who is retired under section 373 of title 28, United States Code, shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.
.
Commonwealth of the Northern Mariana Islands
Section 1(b) of the Act of November 8, 1977 (48 U.S.C. 1821) is amended by adding at the end the following:
For purposes of construing and applying chapter 87 of title 5, United States Code, including any adjustment of insurance rates by regulation or otherwise, a judge appointed under this section who is in regular active service or who is retired under section 373 of title 28, United States Code, shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.
.
Virgin Islands
Section 24(a) of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614(a)) is amended—
by inserting
(1)
after (a)
; and
by adding at the end the following:
For purposes of construing and applying chapter 87 of title 5, United States Code, including any adjustment of insurance rates by regulation or otherwise, a judge appointed under this section who is in regular active service or who is retired under section 373 of title 28, United States Code, shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.
.
Health insurance for surviving family and spouses of judges
Section 8901(3) of title 5, United States Code, is amended—
in subparagraph
(C), by striking ; and
and inserting a semicolon;
in subparagraph
(D), by adding and
after the semicolon; and
by adding at the end the following:
a member of a family who is a survivor of—
a Justice or judge of the United States, as defined under section 451 of title 28, United States Code;
a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands;
a judge of the United States Court of Federal Claims; or
a United States bankruptcy judge or a full-time United States magistrate judge.
.