IIB 

109TH CONGRESS 

1ST SESSION H. R. 1751 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2005 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend title 18, United States Code, to protect judges, 

prosecutors, witnesses, victims, and their family members, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Secure Access to Jus3 tice and Court Protection Act of 2005’’. 

4 SEC. 2. PENALTIES FOR INFLUENCING, IMPEDING, OR RE5 TALIATING AGAINST JUDGES AND OTHER OF6 FICIALS BY THREATENING OR INJURING A 

7 FAMILY MEMBER. 

8 Section 115 of title 18, United States Code, is 

9 amended— 

10 (1) in each of subparagraphs (A) and (B) of 

11 subsection (a)(1), by inserting ‘‘federally funded 

12 public safety officer (as defined for the purposes of 

13 section 1123)’’ after ‘‘Federal law enforcement offi14 cer,’’; 

15 (2) so that subsection (b) reads as follows: 

16 ‘‘(b)(1) Except as provided in paragraph (2), the 

17 punishment for an offense under this section is as follows: 

18 ‘‘(A) The punishment for an assault in violation 

19 of this section is the same as that provided for a like 

20 offense under section 111. 

21 ‘‘(B) The punishment for a kidnapping, at22 tempted kidnapping, or conspiracy to kidnap in vio23 lation of this section is the same as provided for a 

24 like violation in section 1201. 

25 ‘‘(C) The punishment for a murder, attempted 

26 murder, or conspiracy to murder in violation of this 
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1 section is the same as provided for a like offense 

2 under section 1111, 1113, and 1117. 

3 ‘‘(D) A threat made in violation of this section 

4 shall be punished by a fine under this title or impris5 onment for not more than 10 years, or both. 

6 ‘‘(2) If the victim of the offense under this section 

7 is an immediate family member of a United States judge, 

8 a Federal law enforcement officer (as defined for the pur9 poses of section 1114) or of a federally funded public safe10 ty officer (as defined for the purposes of section 1123), 

11 in lieu of the punishments otherwise provided by para12 graph (1), the punishments shall be as follows: 

13 ‘‘(A) The punishment for an assault in violation 

14 of this section is as follows: 

15 ‘‘(i) If the assault is a simple assault, a 

16 fine under this title or a term of imprisonment 

17 for not more than one year, or both. 

18 ‘‘(ii) If the assault resulted in bodily injury 

19 (as defined in section 1365), a fine under this 

20 title and a term of imprisonment for not less 

21 than one year nor more than 10 years. 

22 ‘‘(iii) If the assault resulted in substantial 

23 bodily injury (as defined in section 113), a fine 

24 under this title and a term of imprisonment for 

25 not less than 3 years nor more than 12 years. 
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1 ‘‘(iv) If the assault resulted in serious bod2 ily injury (as defined in section 2119), a fine 

3 under this title and a term of imprisonment for 

4 not less than 10 years nor more than 30 years. 

5 ‘‘(B) The punishment for a kidnapping, at6 tempted kidnapping, or conspiracy to kidnap in vio7 lation of this section is a fine under this title and 

8 imprisonment for any term of years not less than 

9 30, or for life. 

10 ‘‘(C) The punishment for a murder, attempted 

11 murder, or conspiracy to murder in violation of this 

12 section is a fine under this title and imprisonment 

13 for any term of years not less than 30, or for life, 

14 or, if death results and the offender is prosecuted as 

15 a principal, the offender may be sentenced to death. 

16 ‘‘(D) A threat made in violation of this section 

17 shall be punished by a fine under this title and im18 prisonment for not less than one year nor more than 

19 10 years. 

20 ‘‘(E) If a dangerous weapon was used during 

21 and in relation to the offense, the punishment shall 

22 include a term of imprisonment of 5 years in addi23 tion to that otherwise imposed under this para24 graph.’’. 
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1 SEC. 3. PENALTIES FOR CERTAIN ASSAULTS. 

2 (a) INCLUSION OF FEDERALLY FUNDED PUBLIC

3 SAFETY OFFICERS.—Section 111(a) of title 18, United 

4 States Code, is amended— 

5 (1) in paragraph (1), by inserting ‘‘or a feder6 ally funded public safety officer (as defined in sec7 tion 1123)’’ after ‘‘1114 of this title’’; and 

8 (2) in paragraph (2), by inserting ‘‘or a feder9 ally funded public safety officer (as defined in sec10 tion 1123)’’ after ‘‘1114’’. 

11 (b) ALTERNATE PENALTY WHERE VICTIM IS A

12 UNITED STATES JUDGE, A FEDERAL LAW ENFORCE13 MENT OFFICER, OR FEDERALLY FUNDED PUBLIC SAFE14 TY OFFICER.—Section 111 of title 18, United States 

15 Code, is amended by adding at the end the following: 

16 ‘‘(c) ALTERNATE PENALTY WHERE VICTIM IS A

17 UNITED STATES JUDGE, A FEDERAL LAW ENFORCE18 MENT OFFICER, OR FEDERALLY FUNDED PUBLIC SAFE19 TY OFFICER.—(1) Except as provided in paragraph (2), 

20 if the offense is an assault and the victim of the offense 

21 under this section is a United States judge, a Federal law 

22 enforcement officer (as defined for the purposes of section 

23 1114) or of a federally funded public safety officer (as de24 fined for the purposes of section 1123), in lieu of the pen25 alties otherwise set forth in this section, the offender shall 

26 be subject to a fine under this title and— 
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1 ‘‘(A) If the assault is a simple assault, a fine 

2 under this title or a term of imprisonment for not 

3 more than one year, or both. 

4 ‘‘(B) if the assault resulted in bodily injury (as 

5 defined in section 1365), shall be imprisoned not less 

6 than one nor more than 10 years; 

7 ‘‘(C) if the assault resulted in substantial bodily 

8 injury (as defined in section 113), shall be impris9 oned not less than 3 nor more than 12 years; and 

10 ‘‘(D) if the assault resulted in serious bodily in11 jury (as defined in section 2119), shall be impris12 oned not less than 10 nor more than 30 years. 

13 ‘‘(2) If a dangerous weapon was used during and in 

14 relation to the offense, the punishment shall include a 

15 term of imprisonment of 5 years in addition to that other16 wise imposed under this subsection.’’. 

17 SEC. 4. PROTECTION OF FEDERALLY FUNDED PUBLIC 

18 SAFETY OFFICERS. 

19 (a) OFFENSE.—Chapter 51 of title 18, United States 

20 Code, is amended by adding at the end the following: 

21 ‘‘§ 1123. Killing of federally funded public safety offi22 cers 

23 ‘‘(a) Whoever kills, or attempts or conspires to kill, 

24 a federally funded public safety officer while that officer 

25 is engaged in official duties, or arising out of the perform-
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1 ance of official duties, or kills a former federally funded 

2 public safety officer arising out of the performance of offi3 cial duties, shall be punished by a fine under this title and 

4 imprisonment for any term of years not less than 30, or 

5 for life, or, if death results and the offender is prosecuted 

6 as a principal, may be sentenced to death. 

7 ‘‘(b) As used in this section— 

8 ‘‘(1) the term ‘federally funded public safety of9 ficer’ means a public safety officer for a public agen10 cy (including a court system, the National Guard of 

11 a State to the extent the personnel of that National 

12 Guard are not in Federal service, and the defense 

13 forces of a State authorized by section 109 of title 

14 32) that receives Federal financial assistance, of an 

15 entity that is a State of the United States, the Dis16 trict of Columbia, the Commonwealth of Puerto 

17 Rico, the Virgin Islands of the United States, Guam, 

18 American Samoa, the Trust Territory of the Pacific 

19 Islands, the Commonwealth of the Northern Mar20 iana Islands, or any territory or possession of the 

21 United States, an Indian tribe, or a unit of local 

22 government of that entity; 

23 ‘‘(2) the term ‘public safety officer’ means an 

24 individual serving a public agency in an official ca25 pacity, as a judicial officer, as a law enforcement of-
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1 ficer, as a firefighter, as a chaplain, or as a member 

2 of a rescue squad or ambulance crew; 

3 ‘‘(3) the term ‘judicial officer’ means a judge or 

4 other officer or employee of a court, including pros5 ecutors, court security, pretrial services officers, 

6 court reporters, and corrections, probation, and pa7 role officers; and 

8 ‘‘(4) the term ‘firefighter’ includes an individual 

9 serving as an official recognized or designated mem10 ber of a legally organized volunteer fire department 

11 and an officially recognized or designated public em12 ployee member of a rescue squad or ambulance crew; 

13 and 

14 ‘‘(5) the term ‘law enforcement officer’ means 

15 an individual involved in crime and juvenile delin16 quency control or reduction, or enforcement of the 

17 laws.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 51 of title 18, United States 

20 Code, is amended by adding at the end the following new 

21 item: 

‘‘1123. Killing of federally funded public safety officers.’’. 
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1 SEC. 5. GENERAL MODIFICATIONS OF FEDERAL MURDER 

2 CRIME AND RELATED CRIMES. 

3 (a) MURDER AMENDMENTS.—Section 1111 of title 

4 18, United States Code, is amended in subsection (b), by 

5 inserting ‘‘not less than 30’’ after ‘‘any term of years’’. 

6 (b) MANSLAUGHTER AMENDMENTS.—Section 

7 1112(b) of title 18, United States Code, is amended— 

8 (1) by striking ‘‘ten years’’ and inserting ‘‘20 

9 years’’; and 

10 (2) by striking ‘‘six years’’ and inserting ‘‘10 

11 years’’. 

12 SEC. 6. MODIFICATION OF DEFINITION OF OFFENSE AND 

13 OF THE PENALTIES FOR, INFLUENCING OR 

14 INJURING OFFICER OR JUROR GENERALLY. 

15 Section 1503 of title 18, United States Code, is 

16 amended— 

17 (1) so that subsection (a) reads as follows: 

18 ‘‘(a)(1) Whoever— 

19 ‘‘(A) corruptly, or by threats of force or force, 

20 endeavors to influence, intimidate, or impede a juror 

21 or officer in a judicial proceeding in the discharge of 

22 that juror or officer’s duty; 

23 ‘‘(B) injures a juror or an officer in a judicial 

24 proceeding arising out of the performance of official 

25 duties as such juror or officer; or 
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1 ‘‘(C) corruptly, or by threats of force or force, 

2 obstructs, or impedes, or endeavors to influence, ob3 struct, or impede, the due administration of justice; 

4 or attempts or conspires to do so, shall be punished as 

5 provided in subsection (b). 

6 ‘‘(2) As used in this section, the term ‘juror or officer 

7 in a judicial proceeding’ means a grand or petit juror, or 

8 other officer in or of any court of the United States, or 

9 an officer who may be serving at any examination or other 

10 proceeding before any United States magistrate judge or 

11 other committing magistrate.’’; and 

12 (2) in subsection (b), by striking paragraphs 

13 (1) through (3) and inserting the following: 

14 ‘‘(1) in the case of a killing, or an attempt or 

15 a conspiracy to kill, the punishment provided in sec16 tion 1111, 1112, 1113, and 1117; and 

17 ‘‘(2) in any other case, a fine under this title 

18 and imprisonment for not more than 30 years.’’. 

19 SEC. 7. MODIFICATION OF TAMPERING WITH A WITNESS, 

20 VICTIM, OR AN INFORMANT OFFENSE. 

21 (a) CHANGES IN PENALTIES.—Section 1512 of title 

22 18, United States Code, is amended— 

23 (1) in each of paragraphs (1) and (2) of sub24 section (a), insert ‘‘or conspires’’ after ‘‘attempts’’; 
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1 (2) so that subparagraph (A) of subsection 

2 (a)(3) reads as follows: 

3 ‘‘(A) in the case of a killing, the punishment 

4 provided in sections 1111 and 1112;’’; 

5 (3) in subsection (a)(3)— 

6 (A) in the matter following clause (ii) of 

7 subparagraph (B) by striking ‘‘20 years’’ and 

8 inserting ‘‘30 years’’ ; and 

9 (B) in subparagraph (C), by striking ‘‘10 

10 years’’ and inserting ‘‘20 years’’; 

11 (4) in subsection (b), by striking ‘‘ten years’’ 

12 and inserting ‘‘30 years’’; and 

13 (5) in subsection (d), by striking ‘‘one year’’ 

14 and inserting ‘‘20 years’’. 

15 SEC. 8. MODIFICATION OF RETALIATION OFFENSE. 

16 Section 1513 of title 18, United States Code, is 

17 amended— 

18 (1) in subsection (a)(1), by inserting ‘‘or con19 spires’’ after ‘‘attempts’’; 

20 (2) in subsection (a)(1)(B)— 

21 (A) by inserting a comma after ‘‘proba22 tion’’; and 

23 (B) by striking the comma which imme24 diately follows another comma; 
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1 (3) in subsection (a)(2)(B), by striking ‘‘20 

2 years’’ and inserting ‘‘30 years’’; 

3 (4) in subsection (b), by striking ‘‘ten years’’ 

4 and inserting ‘‘30 years’’; 

5 (5) in the first subsection (e), by striking ‘‘10 

6 years’’ and inserting ‘‘30 years’’; and 

7 (6) by redesignating the second subsection (e) 

8 as subsection (f). 

9 SEC. 9. INCLUSION OF INTIMIDATION AND RETALIATION 

10 AGAINST WITNESSES IN STATE PROSECU11 TIONS AS BASIS FOR FEDERAL PROSECU12 TION. 

13 Section 1952 of title 18, United States Code, is 

14 amended in subsection (b)(2), by inserting ‘‘intimidation 

15 of, or retaliation against, a witness, victim, juror, or in16 formant,’’ after ‘‘extortion, bribery,’’. 

17 SEC. 10. CLARIFICATION OF VENUE FOR RETALIATION 

18 AGAINST A WITNESS. 

19 Section 1513 of title 18, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(g) A prosecution under this section may be brought 

22 in the district in which the official proceeding (whether 

23 or not pending, about to be instituted or completed) was 

24 intended to be affected or was completed, or in which the 

25 conduct constituting the alleged offense occurred.’’. 
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1 SEC. 11. WITNESS PROTECTION GRANT PROGRAM. 

2 Title I of the Omnibus Crime Control and Safe 

3 Streets Act of 1968 is amended by inserting after part 

4 BB (42 U.S.C. 3797j et seq.) the following new part: 

5 ‘‘PART CC—WITNESS PROTECTION GRANTS 

6 ‘‘SEC. 2811. PROGRAM AUTHORIZED. 

7 ‘‘(a) IN GENERAL.—From amounts made available to 

8 carry out this part, the Attorney General may make grants 

9 to States, units of local government, and Indian tribes to 

10 create and expand witness protection programs in order 

11 to prevent threats, intimidation, and retaliation against 

12 victims of, and witnesses to, crimes. 

13 ‘‘(b) USES OF FUNDS.—Grants awarded under this 

14 part shall be— 

15 ‘‘(1) distributed directly to the State, unit of 

16 local government, or Indian tribe; and 

17 ‘‘(2) used for the creation and expansion of wit18 ness protection programs in the jurisdiction of the 

19 grantee. 

20 ‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding 

21 grants under this part, the Attorney General may give 

22 preferential consideration, if feasible, to an application 

23 from a jurisdiction that— 

24 ‘‘(1) has the greatest need for witness and vic25 tim protection programs; 
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1 ‘‘(2) has a serious violent crime problem in the 

2 jurisdiction; 

3 ‘‘(3) has had, or is likely to have, instances of 

4 threats, intimidation, and retaliation against victims 

5 of, and witnesses to, crimes; and 

6 ‘‘(4) shares an international border and faces a 

7 demonstrable threat from cross border crime and vi8 olence. 

9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section 

11 $20,000,000 for each of fiscal years 2006 through 2010.’’. 

12 SEC. 12. GRANTS TO STATES TO PROTECT WITNESSES AND 

13 VICTIMS OF CRIMES. 

14 (a) IN GENERAL.—Section 31702 of the Violent 

15 Crime Control and Law Enforcement Act of 1994 (42 

16 U.S.C. 13862) is amended— 

17 (1) in paragraph (3), by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (4), by striking the period at 

20 the end and inserting ‘‘; and’’ ; and 

21 (3) by adding at the end the following: 

22 ‘‘(5) to create and expand witness and victim 

23 protection programs to prevent threats, intimidation, 

24 and retaliation against victims of, and witnesses to, 

25 violent crimes.’’. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 31707 of the Violent Crime Control and Law Enforcement 

3 Act of 1994 (42 U.S.C. 13867) is amended to read as 

4 follows: 

5 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated 

7 $20,000,000 for each of the fiscal years 2006 through 

8 2010 to carry out this subtitle.’’. 

9 SEC. 13. JUDICIAL BRANCH SECURITY REQUIREMENTS. 

10 (a) ENSURING CONSULTATION AND COORDINATION

11 WITH THE ADMINISTRATIVE OFFICE OF THE UNITED

12 STATES COURTS.—Section 566 of title 28, United States 

13 Code, is amended by adding at the end the following: 

14 ‘‘(i) The United States Marshals Service shall consult 

15 with the Administrative Office of the United States Courts 

16 on a continuing basis regarding the security requirements 

17 for the Judicial Branch, and inform the Administrative 

18 Office of the measures the Marshals Service intends to 

19 take to meet those requirements.’’. 

20 (b) CONFORMING AMENDMENT.—Section 604(a) of 

21 title 28, United States Code, is amended— 

22 (1) by redesignating existing paragraph (24) as 

23 paragraph (25); 

24 (2) by striking ‘‘and’’ at the end of paragraph 

25 (23); and 
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1 (3) by inserting after paragraph (23) the fol2 lowing: 

3 ‘‘(24) Consult with the United States Marshals 

4 Service on a continuing basis regarding the security 

5 requirements for the Judicial Branch; and’’. 

6 SEC. 14. PROTECTIONS AGAINST MALICIOUS RECORDING 

7 OF FICTITIOUS LIENS AGAINST A FEDERAL 

8 EMPLOYEE. 

9 (a) OFFENSE.—Chapter 73 of title 18, United States 

10 Code, is amended by adding at the end the following: 

11 ‘‘§ 1521. Retaliating against a Federal employee by 

12 false claim or slander of title 

13 ‘‘Whoever, with the intent to harass a person des14 ignated in section 1114 on account of the performance of 

15 official duties, files, in any public record or in any private 

16 record which is generally available to the public, any false 

17 lien or encumbrance against the real or personal property 

18 of that person, or attempts or conspires to do so, shall 

19 be fined under this title or imprisoned not more than 10 

20 years, or both.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 73 of title 18, United States 

23 Code, is amended by adding at the end the following new 

24 item: 

‘‘1521. Retaliating against a Federal employee by false claim or slander of 

title.’’. 
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1 SEC. 15. PROHIBITION OF POSSESSION OF DANGEROUS 

2 WEAPONS IN FEDERAL COURT FACILITIES. 

3 Section 930(e) of title 18, United States Code, is 

4 amended by inserting ‘‘or other dangerous weapon’’ after 

5 ‘‘firearm’’. 

6 SEC. 16. REPEAL OF SUNSET PROVISION. 

7 Section 105(b)(3) of the Ethics in Government Act 

8 of 1978 (5 U.S.C. App.) is amended by striking subpara9 graph (E). 

10 SEC. 17. PROTECTION OF INDIVIDUALS PERFORMING CER11 TAIN FEDERAL AND OTHER FUNCTIONS. 

12 (a) OFFENSE.—Chapter 7 of title 18, United States 

13 Code, is amended by adding at the end the following: 

14 ‘‘§ 117. Protection of individuals performing certain 

15 Federal and federally assisted functions 

16 ‘‘(a) Whoever knowingly, and with intent to harm, in17 timidate, or retaliate against a covered official makes re18 stricted personal information about that covered official 

19 publicly available through the Internet shall be fined under 

20 this title and imprisoned not more than 5 years, or both. 

21 ‘‘(b) It is a defense to a prosecution under this sec22 tion that the defendant is a provider of Internet services 

23 and did not knowingly participate in the offense. 

24 ‘‘(c) As used in this section— 

25 ‘‘(1) the term ‘restricted personal information’ 

26 means, with respect to an individual, the Social Se-
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1 curity number, the home address, home phone num2 ber, mobile phone number, personal email, or home 

3 fax number of, and identifiable to, that individual; 

4 and 

5 ‘‘(2) the term ‘covered official’ means— 

6 ‘‘(A) an individual designated in section 

7 1114; 

8 ‘‘(B) a public safety officer (as that term 

9 is defined in section 1204 of the Omnibus 

10 Crime Control and Safe Streets Act of 1968); 

11 or 

12 ‘‘(C) a grand or petit juror, witness, or 

13 other officer in or of, any court of the United 

14 States, or an officer who may be serving at any 

15 examination or other proceeding before any 

16 United States magistrate judge or other com17 mitting magistrate.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 7 of title 18, United States 

20 Code, is amended by adding at the end the following new 

21 item: 

‘‘117. Protection of individuals performing certain Federal and federally assisted functions.’’. 
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1 SEC. 18. ELIGIBILITY OF COURTS TO APPLY DIRECTLY FOR 

2 LAW ENFORCEMENT DISCRETIONARY 

3 GRANTS AND REQUIREMENT THAT STATE 

4 AND LOCAL GOVERNMENTS CONSIDER 

5 COURTS WHEN APPLYING FOR GRANT 

6 FUNDS. 

7 (a) COURTS TREATED AS UNITS OF LOCAL GOVERN8 MENTS FOR PURPOSES OF DISCRETIONARY GRANTS.— 

9 Section 901 of the Omnibus Crime Control and Safe 

10 Streets Act of 1968 (42 U.S.C. 3791) is amended in sub11 section (a)(3)— 

12 (1) by redesignating subparagraphs (C) and 

13 (D) as subparagraphs (D) and (E), respectively; and 

14 (2) by inserting after subparagraph (B) the fol15 lowing new subparagraph: 

16 ‘‘(C) the judicial branch of a State or of a 

17 unit of local government within the State or of 

18 an Indian tribe, for purposes of discretionary 

19 grants;’’. 

20 (b) STATE AND LOCAL GOVERNMENTS TO CONSIDER

21 COURTS.—The Attorney General shall ensure that when22 ever a State or unit of local government or Indian tribe 

23 applies for a grant from the Department of Justice, the 

24 State, unit, or tribe demonstrate that, in developing the 

25 application and distributing funds, the State, unit, or 

26 tribe— 
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1 (1) considered the needs of the judicial branch 

2 of the State, unit, or tribe, as the case may be; and 

3 (2) consulted with the chief judicial officer of 

4 the highest court of the State, unit, or tribe, as the 

5 case may be. 

6 SEC. 19. REPORT ON SECURITY OF FEDERAL PROSECU7 TORS. 

8 Not later than 90 days after the date of the enact9 ment of this Act, the Attorney General shall submit to 

10 the Committee on the Judiciary of the House of Rep11 resentatives and the Committee on the Judiciary of the 

12 Senate a report on the security of assistant United States 

13 attorneys and other Federal attorneys arising from the 

14 prosecution of terrorists, violent criminal gangs, drug traf15 fickers, gun traffickers, white supremacists, and those who 

16 commit fraud and other white-collar offenses. The report 

17 shall describe each of the following: 

18 (1) The number and nature of threats and as19 saults against attorneys handling those prosecutions 

20 and the reporting requirements and methods. 

21 (2) The security measures that are in place to 

22 protect the attorneys who are handling those pros23 ecutions, including measures such as threat assess24 ments, response procedures, availability of security 

25 systems and other devices, firearms licensing (depu-
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1 tations), and other measures designed to protect the 

2 attorneys and their families. 

3 (3) The Department of Justice’s firearms depu4 tation policies, including the number of attorneys 

5 deputized and the time between receipt of threat and 

6 completion of the deputation and training process. 

7 (4) For each measure covered by paragraphs 

8 (1) through (3), when the report or measure was de9 veloped and who was responsible for developing and 

10 implementing the report or measure. 

11 (5) The programs that are made available to 

12 the attorneys for personal security training, includ13 ing training relating to limitations on public infor14 mation disclosure, basic home security, firearms 

15 handling and safety, family safety, mail handling, 

16 counter-surveillance, and self-defense tactics. 

17 (6) The measures that are taken to provide the 

18 attorneys with secure parking facilities, and how pri19 orities for such facilities are established— 

20 (A) among Federal employees within the 

21 facility; 

22 (B) among Department of Justice employ23 ees within the facility; and 

24 (C) among attorneys within the facility. 
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1 (7) The frequency such attorneys are called 

2 upon to work beyond standard work hours and the 

3 security measures provided to protect attorneys at 

4 such times during travel between office and available 

5 parking facilities. 

6 (8) With respect to attorneys who are licensed 

7 under State laws to carry firearms, the Department 

8 of Justice’s policy as to— 

9 (A) carrying the firearm between available 

10 parking and office buildings; 

11 (B) securing the weapon at the office 

12 buildings; and 

13 (C) equipment and training provided to fa14 cilitate safe storage at Department of Justice 

15 facilities. 

16 (9) The offices in the Department of Justice 

17 that are responsible for ensuring the security of the 

18 attorneys, the organization and staffing of the of19 fices, and the manner in which the offices coordinate 

20 with offices in specific districts. 

21 (10) The role, if any, that the United States 

22 Marshals Service or any other Department of Jus23 tice component plays in protecting, or providing se24 curity services or training for, the attorneys. 
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1 SEC. 20. FLIGHT TO AVOID PROSECUTION FOR KILLING 

2 PEACE OFFICERS. 

3 (a) FLIGHT.—Chapter 49 of title 18, United States 

4 Code, is amended by adding at the end the following: 

5 ‘‘§ 1075. Flight to avoid prosecution for killing peace 

6 officers 

7 ‘‘Whoever moves or travels in interstate or foreign 

8 commerce with intent to avoid prosecution, or custody or 

9 confinement after conviction, under the laws of the place 

10 from which he flees or under section 1114 or 1123, for 

11 a crime consisting of the killing, an attempted killing, or 

12 a conspiracy to kill, an individual involved in crime and 

13 juvenile delinquency control or reduction, or enforcement 

14 of the laws or for a crime punishable by section 1114 or 

15 1123, shall be fined under this title and imprisoned, in 

16 addition to any other imprisonment for the underlying of17 fense, for any term of years not less than 10.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 49 of title 18, United States 

20 Code, is amended by adding at the end the following new 

21 item: 

‘‘1075. Flight to avoid prosecution for killing peace officers.’’. 
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1 SEC. 21. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, 

2 AND RELATED CRIMES AGAINST FEDERAL 

3 JUDGES AND FEDERAL LAW ENFORCEMENT 

4 OFFICERS. 

5 (a) MURDER.—Section 1114 of title 18, United 

6 States Code, is amended— 

7 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) If the victim of a murder punishable under this 

10 section is a United States judge (as defined in section 

11 115) or a Federal law enforcement officer (as defined in 

12 115) the offender shall be punished by a fine under this 

13 title and imprisonment for any term of years not less than 

14 30, or for life, or, if death results, may be sentenced to 

15 death.’’. 

16 (b) KIDNAPPING.—Section 1201(a) of title 18, 

17 United States Code, is amended by adding at the end the 

18 following: ‘‘If the victim of the offense punishable under 

19 this subsection is a United States judge (as defined in sec20 tion 115) or a Federal law enforcement officer (as defined 

21 in 115) the offender shall be punished by a fine under 

22 this title and imprisonment for any term of years not less 

23 than 30, or for life, or, if death results, may be sentenced 

24 to death.’’. 
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1 SEC. 22. MEDIA COVERAGE OF COURT PROCEEDINGS. 

2 (a) FINDINGS.—The Congress makes the following 

3 findings: 

4 (1) The right of the people of the United States 

5 to freedom of speech, particularly as it relates to 

6 comment on governmental activities, as protected by 

7 the first amendment to the Constitution, cannot be 

8 meaningfully exercised without the ability of the 

9 public to obtain facts and information about the 

10 Government upon which to base their judgments re11 garding important issues and events. As the United 

12 States Supreme Court articulated in Craig v. Har13 ney, 331 U.S. 367 (1947), ‘‘A trial is a public event. 

14 What transpires in the court room is public prop15 erty.’’. 

16 (2) The right of the people of the United States 

17 to a free press, with the ability to report on all as18 pects of the conduct of the business of government, 

19 as protected by the first amendment to the Constitu20 tion, cannot be meaningfully exercised without the 

21 ability of the news media to gather facts and infor22 mation freely for dissemination to the public. 

23 (3) The right of the people of the United States 

24 to petition the Government to redress grievances, 

25 particularly as it relates to the manner in which the 

26 Government exercises its legislative, executive, and 
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1 judicial powers, as protected by the first amendment 

2 to the Constitution, cannot be meaningfully exer3 cised without the availability to the public of infor4 mation about how the affairs of government are 

5 being conducted. As the Supreme Court noted in 

6 Richmond Newspapers, Inc. v. Commonwealth of 

7 Virginia (1980), ‘‘People in an open society do not 

8 demand infallibility from their institutions, but it is 

9 difficult for them to accept what they are prohibited 

10 from observing.’’. 

11 (4) In the twenty-first century, the people of 

12 the United States obtain information regarding judi13 cial matters involving the Constitution, civil rights, 

14 and other important legal subjects principally 

15 through the print and electronic media. Television, 

16 in particular, provides a degree of public access to 

17 courtroom proceedings that more closely approxi18 mates the ideal of actual physical presence than 

19 newspaper coverage or still photography. 

20 (5) Providing statutory authority for the courts 

21 of the United States to exercise their discretion in 

22 permitting televised coverage of courtroom pro23 ceedings would enhance significantly the access of 

24 the people to the Federal judiciary. 
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1 (6) Inasmuch as the first amendment to the 

2 Constitution prevents Congress from abridging the 

3 ability of the people to exercise their inherent rights 

4 to freedom of speech, to freedom of the press, and 

5 to petition the Government for a redress of griev6 ances, it is good public policy for the Congress af7 firmatively to facilitate the ability of the people to 

8 exercise those rights. 

9 (7) The granting of such authority would assist 

10 in the implementation of the constitutional guar11 antee of public trials in criminal cases, as provided 

12 by the sixth amendment to the Constitution. As the 

13 Supreme Court stated in In re Oliver (1948), 

14 ‘‘Whatever other benefits the guarantee to an ac15 cused that his trial be conducted in public may con16 fer upon our society, the guarantee has always been 

17 recognized as a safeguard against any attempt to 

18 employ our courts as instruments of persecution. 

19 The knowledge that every criminal trial is subject to 

20 contemporaneous review in the forum of public opin21 ion is an effective restraint on possible abuse of judi22 cial power.’’. 

23 (b) AUTHORITY OF PRESIDING JUDGE TO ALLOW

24 MEDIA COVERAGE OF COURT PROCEEDINGS.— 
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1 (1) AUTHORITY OF APPELLATE COURTS.—Not2 withstanding any other provision of law, the pre3 siding judge of an appellate court of the United 

4 States may, in his or her discretion, permit the 

5 photographing, electronic recording, broadcasting, or 

6 televising to the public of court proceedings over 

7 which that judge presides. 

8 (2) AUTHORITY OF DISTRICT COURTS.— 

9 (A) IN GENERAL.—Notwithstanding any 

10 other provision of law, any presiding judge of a 

11 district court of the United States may, in his 

12 or her discretion, permit the photographing, 

13 electronic recording, broadcasting, or televising 

14 to the public of court proceedings over which 

15 that judge presides. 

16 (B) OBSCURING OF WITNESSES AND JU17 RORS.—(i) Upon the request of any witness 

18 (other than a party) or a juror in a trial pro19 ceeding, the court shall order the face and voice 

20 of the witness or juror (as the case may be) to 

21 be disguised or otherwise obscured in such man22 ner as to render the witness or juror unrecog23 nizable to the broadcast audience of the trial 

24 proceeding. 
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1 (ii) The presiding judge in a trial pro2 ceeding shall inform— 

3 (I) each witness who is not a party 

4 that the witness has the right to request 

5 that his or her image and voice be ob6 scured during the witness’ testimony; and 

7 (II) each juror that the juror has the 

8 right to request that his or her image be 

9 obscured during the trial proceeding. 

10 (3) ADVISORY GUIDELINES.—The Judicial Con11 ference of the United States is authorized to promul12 gate advisory guidelines to which a presiding judge, 

13 in his or her discretion, may refer in making deci14 sions with respect to the management and adminis15 tration of photographing, recording, broadcasting, or 

16 televising described in paragraphs (1) and (2). 

17 (c) DEFINITIONS.—In this section: 

18 (1) PRESIDING JUDGE.—The term ‘‘presiding 

19 judge’’ means the judge presiding over the court 

20 proceeding concerned. In proceedings in which more 

21 than one judge participates, the presiding judge 

22 shall be the senior active judge so participating or, 

23 in the case of a circuit court of appeals, the senior 

24 active circuit judge so participating, except that— 
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1 (A) in en banc sittings of any United 

2 States circuit court of appeals, the presiding 

3 judge shall be the chief judge of the circuit 

4 whenever the chief judge participates; and 

5 (B) in en banc sittings of the Supreme 

6 Court of the United States, the presiding judge 

7 shall be the Chief Justice whenever the Chief 

8 Justice participates. 

9 (2) APPELLATE COURT OF THE UNITED

10 STATES.—The term ‘‘appellate court of the United 

11 States’’ means any United States circuit court of ap12 peals and the Supreme Court of the United States. 

13 (d) SUNSET.—The authority under subsection (b)(2) 

14 shall terminate on the date that is 3 years after the date 

15 of the enactment of this Act. 

16 SEC. 23. FUNDING FOR STATE COURTS TO ASSESS AND EN17 HANCE COURT SECURITY AND EMERGENCY 

18 PREPAREDNESS. 

19 (a) IN GENERAL.—The Attorney General, through 

20 the Office of Justice Programs, shall make grants under 

21 this section to the highest State courts in States partici22 pating in the program, for the purpose of enabling such 

23 courts— 
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1 (1) to conduct assessments focused on the es2 sential elements for effective courtroom safety and 

3 security planning; and 

4 (2) to implement changes deemed necessary as 

5 a result of the assessments. 

6 (b) ESSENTIAL ELEMENTS.—As used in subsection 

7 (a)(1), the essential elements include, but are not limited 

8 to— 

9 (1) operational security and standard operating 

10 procedures; 

11 (2) facility security planning and self-audit sur12 veys of court facilities; 

13 (3) emergency preparedness and response and 

14 continuity of operations; 

15 (4) disaster recovery and the essential elements 

16 of a plan; 

17 (5) threat assessment; 

18 (6) incident reporting; 

19 (7) security equipment; 

20 (8) developing resources and building partner21 ships; and 

22 (9) new courthouse design. 

23 (c) APPLICATIONS.—To be eligible for a grant under 

24 this section, a highest State court shall submit to the At25 torney General an application at such time, in such form, 
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1 and including such information and assurances as the At2 torney General shall require. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $20,000,000 for each of fiscal years 2006 through 2010. 

6 SEC. 24. ADDITIONAL AMOUNTS FOR UNITED STATES MAR7 SHALS SERVICE TO PROTECT THE JUDICI8 ARY. 

9 In addition to any other amounts authorized to be 

10 appropriated for the United States Marshals Service, 

11 there are authorized to be appropriated for the United 

12 States Marshals Service to protect the judiciary, 

13 $20,000,000 for each of fiscal years 2006 through 2010 

14 for— 

15 (1) hiring entry-level deputy marshals for pro16 viding judicial security; 

17 (2) hiring senior-level deputy marshals for in18 vestigating threats to the judiciary and providing 

19 protective details to members of the judiciary and 

20 Assistant United States Attorneys; and 

21 (3) for the Office of Protective Intelligence, for 

22 hiring senior-level deputy marshals, hiring program 

23 analysts, and providing secure computer systems. 
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1 SEC. 25. GRANTS TO STATES FOR THREAT ASSESSMENT 

2 DATABASES. 

3 (a) In General.—The Attorney General, through the 

4 Office of Justice Programs, shall make grants under this 

5 section to the highest State courts in States participating 

6 in the program, for the purpose of enabling such courts 

7 to establish and maintain a threat assessment database 

8 described in subsection (b). 

9 (b) DATABASE.—For purposes of subsection (a), a 

10 threat assessment database is a database through which 

11 a State can— 

12 (1) analyze trends and patterns in domestic ter13 rorism and crime; 

14 (2) project the probabilities that specific acts of 

15 domestic terrorism or crime will occur; and 

16 (3) develop measures and procedures that can 

17 effectively reduce the probabilities that those acts 

18 will occur. 

19 (c) CORE ELEMENTS.—The Attorney General shall 

20 define a core set of data elements to be used by each data21 base funded by this section so that the information in the 

22 database can be effectively shared with other States and 

23 with the Department of Justice. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this section 
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1 such sums as may be necessary for each of fiscal years 

2 2006 through 2009. 

3 SEC. 26. GRANTS FOR YOUNG WITNESS ASSISTANCE. 

4 (a) DEFINITIONS.—For purposes of this section: 

5 (1) DIRECTOR.—The term ‘‘Director’’ means 

6 the Director of the Bureau of Justice Assistance. 

7 (2) JUVENILE.—The term ‘‘juvenile’’ means an 

8 individual who is 17 years of age or younger. 

9 (3) YOUNG ADULT.—The term ‘‘young adult’’ 

10 means an individual who is between the ages of 18 

11 and 21. 

12 (4) STATE.—The term ‘‘State’’ means any 

13 State of the United States, the District of Columbia, 

14 the Commonwealth of Puerto Rico, the Virgin Is15 lands, American Samoa, Guam, and the Northern 

16 Mariana Islands. 

17 (b) PROGRAM AUTHORIZATION.—The Director may 

18 make grants to State and local prosecutors and law en19 forcement agencies in support of juvenile and young adult 

20 witness assistance programs, including State and local 

21 prosecutors and law enforcement agencies that have exist22 ing juvenile and adult witness assistance programs. 

23 (c) ELIGIBILITY.—To be eligible to receive a grant 

24 under this section, State and local prosecutors and law 

25 enforcement officials shall— 
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1 (1) submit an application to the Director in 

2 such form and containing such information as the 

3 Director may reasonably require; and 

4 (2) give assurances that each applicant has de5 veloped, or is in the process of developing, a witness 

6 assistance program that specifically targets the 

7 unique needs of juvenile and young adult witnesses 

8 and their families. 

9 (d) USE OF FUNDS.—Grants made available under 

10 this section may be used— 

11 (1) to assess the needs of juvenile and young 

12 adult witnesses; 

13 (2) to develop appropriate program goals and 

14 objectives; and 

15 (3) to develop and administer a variety of wit16 ness assistance services, which includes— 

17 (A) counseling services to young witnesses 

18 dealing with trauma associated in witnessing a 

19 violent crime; 

20 (B) pre- and post-trial assistance for the 

21 youth and their family; 

22 (C) providing education services if the 

23 child is removed from or changes their school 

24 for safety concerns; 
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1 (D) support for young witnesses who are 

2 trying to leave a criminal gang and information 

3 to prevent initial gang recruitment. 

4 (E) protective services for young witnesses 

5 and their families when a serious threat of 

6 harm from the perpetrators or their associates 

7 is made; and 

8 (F) community outreach and school-based 

9 initiatives that stimulate and maintain public 

10 awareness and support. 

11 (e) REPORTS.— 

12 (1) REPORT.—State and local prosecutors and 

13 law enforcement agencies that receive funds under 

14 this section shall submit to the Director a report not 

15 later than May 1st of each year in which grants are 

16 made available under this section. Reports shall de17 scribe progress achieved in carrying out the purpose 

18 of this section. 

19 (2) REPORT TO CONGRESS.—The Director shall 

20 submit to Congress a report by July 1st of each year 

21 which contains a detailed statement regarding grant 

22 awards, activities of grant recipients, a compilation 

23 of statistical information submitted by applicants, 

24 and an evaluation of programs established under 

25 this section. 
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $3,000,000 for each of fiscal years 2006, 2007, and 2008. 

4 SEC. 27. STATE AND LOCAL COURT ELIGIBILITY. 

5 (a) BUREAU GRANTS.—Section 302(c)(1) of title I 

6 of the Omnibus Crime Control and Safe Streets Act of 

7 1968 (42 U.S.C. 3732(c)(1)) is amended by inserting 

8 ‘‘State and local courts,’’ after ‘‘contracts with’’. 

9 (b) EDWARD BRYNE GRANTS.— 

10 (1) FORMULA GRANTS.—Section 501 of title I 

11 of the Omnibus Crime Control and Safe Streets Act 

12 of 1968 (42 U.S.C. 3751) is amended— 

13 (A) in subsection (a), by striking ‘‘and 

14 units of local government’’ and inserting ‘‘, 

15 units of local government, and State and local 

16 courts’’; and 

17 (B) in subsection (b), by inserting ‘‘, State 

18 and local courts,’’ after ‘‘use by States’’. 

19 (2) DISCRETIONARY GRANTS.—Section 510(a) 

20 of title I of the Omnibus Crime Control and Safe 

21 Streets Act of 1968 (42 U.S.C. 3760(a)) is amended 

22 by inserting ‘‘, State and local courts,’’ after ‘‘pri23 vate agencies,’’. 
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1 (c) ARMOR VESTS.—Section 2501 of title I of the 

2 Omnibus Crime Control and Safe Streets Act of 1968 

3 (3796ii) is amended— 

4 (1) in subsection (a), by inserting ‘‘State and 

5 local court,’’ after ‘‘local,’’; and 

6 (2) in subsection (b), by inserting ‘‘State and 

7 local court’’ after ‘‘government,’’. 

8 (d) CHILD ABUSE PREVENTION.—Section 105 of the 

9 Child Abuse Prevention and Treatment Act (42 U.S.C. 

10 5106) is amended— 

11 (1) in the section heading, by inserting ‘‘STATE

12 AND LOCAL COURTS,’’ after ‘‘AGENCIES’’; 

13 (2) in subsection (a), by inserting ‘‘and State 

14 and local courts’’ after ‘‘such agencies or organiza15 tions)’’; and 

16 (3) in subsection (a)(1), by inserting ‘‘and 

17 State and local courts’’ after ‘‘organizations’’. 

18 SEC. 28. AUTHORITY OF FEDERAL JUDGES AND PROSECU19 TORS TO CARRY FIREARMS. 

20 (a) IN GENERAL.—Chapter 203 of title 18, United 

21 States Code, is amended by inserting after section 3053 

22 the following: 
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1 ‘‘§ 3054. Authority of Federal judges and prosecutors 

2 to carry firearms 

3 ‘‘Any justice of the United States or judge of the 

4 United States (as defined in section 451 of title 28), any 

5 judge of a court created under article I of the United 

6 States Constitution, any bankruptcy judge, any magistrate 

7 judge, any United States attorney, and any other officer 

8 or employee of the Department of Justice whose duties 

9 include representing the United States in a court of law, 

10 may carry firearms, subject to such regulations as the At11 torney General shall prescribe. Such regulations shall pro12 vide for training and regular certification in the use of 

13 firearms and shall, with respect to justices, judges, bank14 ruptcy judges, and magistrate judges, be prescribed after 

15 consultation with the Judicial Conference of the United 

16 States.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 for such chapter is amended by inserting after the item 

19 relating to section 3053 the following: 

‘‘3054. Authority of Federal judges and prosecutors to carry firearms.’’. 

Passed the House of Representatives November 9, 

2005. 

Attest: JEFF TRANDAHL, 

Clerk.