[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 660 Enrolled Bill (ENR)]
H.R.660
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
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,

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This Act may be cited as the ``Court Security Improvement Act of
2007''.

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(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.''.

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TITLE I

-JUDICIAL SECURITY IMPROVEMENTS AND FUNDING

(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.

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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.

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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''.
AND WITNESSES

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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.''.

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TITLE II

-CRIMINAL LAW ENHANCEMENTS TO PROTECT JUDGES, FAMILY MEMBERS,

(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;
``(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.''.

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COURT FACILITIES.
Section 930(e)(1) of title 18, United States Code, is amended by
inserting ``or other dangerous weapon'' after ``firearm''.

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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.''.

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INFORMANT OFFENSE.
Section 1512 of title 18, United States Code, is amended--
(1) in subsection (a)(3)--
(A) by amending subparagraph (A) to read 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''.

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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).

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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''.

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(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''.

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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.

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(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.''.

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TITLE III

-PROTECTING STATE AND LOCAL JUDGES AND RELATED GRANT PROGRAMS

(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,''.

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(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.

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(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).

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TITLE IV

-LAW ENFORCEMENT OFFICERS

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.

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TITLE V

-MISCELLANEOUS PROVISIONS

(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,''.
(b) 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) Magistrate judges appointed under section 631 of title 28,
United States Code.
(2) Magistrate judges retired under section 377 of title 28,
United States Code.
(c) Effective Date.--Subsection (b) 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.

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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.''.

6d37102bd1b9975ae907ed33c7d7f984f629c2fa8445c00dfb8498025d9e245a

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)''.

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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.''.

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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.

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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.

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(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.

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(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
(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.

331180969ae86e8b1771b33b2f7f3e9ab20b9b030dac11ee40bb44e63453f3cc

(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.

09d5f2014b81a6898d8e9ae6120f64a6553361a4512089dfabcb1a3c833e762c

Section 2255 of title 28, United States Code, is amended by
designating the 8 undesignated paragraphs as subsections (a) through
(h), respectively.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

0b43ef230c606d1e168612811f5f9455c35109534f6b19ac172e085decd8fd99

Court Security Improvement Act of 2007 — HR. 660

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

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