In the Senate of the United States,

December 6, 2006.

Resolved, That the bill from the House of Representatives (H.R. 1751) entitled ‘‘An Act to amend title 18, United

States Code, to protect judges, prosecutors, witnesses, victims, and their family members, and for other purposes.’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Court Security Improve3 ment Act of 2006’’.
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1 TITLE I—JUDICIAL SECURITY

2 IMPROVEMENTS AND FUNDING

3 SEC. 101. JUDICIAL BRANCH SECURITY REQUIREMENTS.

4 (a) ENSURING CONSULTATION WITH THE JUDICI5 ARY.—Section 566 of title 28, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(i) The Director of the United States Marshals Serv8 ice shall consult with the Judicial Conference of the United

9 States on a continuing basis regarding the security require10 ments for the judicial branch of the United States Govern11 ment, to ensure that the views of the Judicial Conference

12 regarding the security requirements for the judicial branch

13 of the Federal Government are taken into account when de14 termining staffing levels, setting priorities for programs re15 garding judicial security, and allocating judicial security

16 resources. In this paragraph, the term ‘judicial security’ in17 cludes the security of buildings housing the judiciary, the

18 personal security of judicial officers, the assessment of

19 threats made to judicial officers, and the protection of all

20 other judicial personnel. The United States Marshals Serv21 ice retains final authority regarding security requirements

22 for the judicial branch of the Federal Government.’’.

23 (b) CONFORMING AMENDMENT.—Section 331 of title

24 28, United States Code, is amended by adding at the end

25 the following:
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1 ‘‘The Judicial Conference shall consult with the Direc2 tor of United States Marshals Service on a continuing basis

3 regarding the security requirements for the judicial branch

4 of the United States Government, to ensure that the views

5 of the Judicial Conference regarding the security require6 ments for the judicial branch of the Federal Government

7 are taken into account when determining staffing levels, set8 ting priorities for programs regarding judicial security,

9 and allocating judicial security resources. In this para10 graph, the term ‘judicial security’ includes the security of

11 buildings housing the judiciary, the personal security of ju12 dicial officers, the assessment of threats made to judicial

13 officers, and the protection of all other judicial personnel.

14 The United States Marshals Service retains final authority

15 regarding security requirements for the judicial branch of

16 the Federal Government.’’.

17 SEC. 102. PROTECTION OF FAMILY MEMBERS.

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

19 1978 (5 U.S.C. App.) is amended—

20 (1) in subparagraph (A), by inserting ‘‘or a fam21 ily member of that individual’’ after ‘‘that indi22 vidual’’; and

23 (2) in subparagraph (B)(i), by inserting ‘‘or a

24 family member of that individual’’ after ‘‘the report’’.
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1 SEC. 103. FINANCIAL DISCLOSURE REPORTS.

2 (a) EXTENSION OF AUTHORITY.—Section 105(b)(3) of

3 the Ethics in Government Act of 1978 (5 U.S.C. App) is

4 amended by striking ‘‘2005’’ each place that term appears

5 and inserting ‘‘2009’’.

6 (b) REPORT CONTENTS.—Section 105(b)(3)(C) of the

7 Ethics in Government Act of 1978 (5 U.S.C. App) is

8 amended—

9 (1) in clause (ii), by striking ‘‘and’’ at the end;

10 (2) in clause (iii), by striking the period at the

11 end and inserting a semicolon; and

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

13 ‘‘(iv) the nature or type of information redacted;

14 ‘‘(v) what steps or procedures are in place to en15 sure that sufficient information is available to liti16 gants to determine if there is a conflict of interest;

17 ‘‘(vi) principles used to guide implementation of

18 redaction authority; and

19 ‘‘(vii) any public complaints received in regards

20 to redaction.’’.

21 SEC. 104. PROTECTION OF UNITED STATES TAX COURT.

22 (a) IN GENERAL.—Section 566(a) of title 28, United

23 States Code, is amended by striking ‘‘and the Court of

24 International Trade’’ and inserting ‘‘, the Court of Inter25 national Trade, and any other court, as provided by law’’.
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1 (b) INTERNAL REVENUE CODE.—Section 7456(c) of

2 the Internal Revenue Code of 1986 (relating to incidental

3 powers of the Tax Court) is amended in the matter fol4 lowing paragraph (3), by striking the period at the end,

5 and inserting ‘‘and may otherwise provide for the security

6 of the Tax Court, including the personal protection of Tax

7 Court judges, court officers, witnesses, and other threatened

8 person in the interests of justice, where criminal intimida9 tion impedes on the functioning of the judicial process or

10 any other official proceeding.’’.

11 SEC. 105. ADDITIONAL AMOUNTS FOR UNITED STATES MAR12 SHALS SERVICE TO PROTECT THE JUDICIARY.

13 In addition to any other amounts authorized to be ap14 propriated for the United States Marshals Service, there are

15 authorized to be appropriated for the United States Mar16 shals Service to protect the judiciary, $20,000,000 for each

17 of fiscal years 2006 through 2010 for—

18 (1) hiring entry-level deputy marshals for pro19 viding judicial security;

20 (2) hiring senior-level deputy marshals for inves21 tigating threats to the judiciary and providing pro22 tective details to members of the judiciary and assist23 ant United States attorneys; and
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1 (3) for the Office of Protective Intelligence, for

2 hiring senior-level deputy marshals, hiring program

3 analysts, and providing secure computer systems.

4 TITLE II—CRIMINAL LAW EN5 HANCEMENTS TO PROTECT

6 JUDGES, FAMILY MEMBERS,

7 AND WITNESSES

8 SEC. 201. PROTECTIONS AGAINST MALICIOUS RECORDING

9 OF FICTITIOUS LIENS AGAINST FEDERAL

10 JUDGES AND FEDERAL LAW ENFORCEMENT

11 OFFICERS.

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

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

14 ‘‘SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR

15 FEDERAL LAW ENFORCEMENT OFFICER BY

16 FALSE CLAIM OR SLANDER OF TITLE.

17 ‘‘Whoever files, attempts to file, or conspires to file, in

18 any public record or in any private record which is gen19 erally available to the public, any false lien or encumbrance

20 against the real or personal property of an individual de21 scribed in section 1114, on account of the performance of

22 official duties by that individual, knowing or having reason

23 to know that such lien or encumbrance is false or contains

24 any materially false, fictitious, or fraudulent statement or
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1 representation, shall be fined under this title or imprisoned

2 for not more than 10 years, or both.’’.

3 (b) CLERICAL AMENDMENT.—The chapter analysis for

4 chapter 73 of title 18, United States Code, is amended by

5 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.’’.

6 SEC. 202. PROTECTION OF INDIVIDUALS PERFORMING CER7 TAIN OFFICIAL DUTIES.

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

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

10 ‘‘§ 118. Protection of individuals performing certain

11 official duties

12 ‘‘(a) IN GENERAL.—Whoever knowingly makes re13 stricted personal information about a covered official, or

14 a member of the immediate family of that covered official,

15 publicly available—

16 ‘‘(1) with the intent to threaten, intimidate, or

17 incite the commission of a crime of violence against

18 that covered official, or a member of the immediate

19 family of that covered official; or

20 ‘‘(2) with the intent and knowledge that the re21 stricted personal information will be used to threaten,

22 intimidate, or facilitate the commission of a crime of

23 violence against that covered official, or a member of

24 the immediate family of that covered official,
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1 shall be fined under this title, imprisoned not more than

2 5 years, or both.

3 ‘‘(b) DEFINITIONS.—In this section—

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

5 means, with respect to an individual, the Social Secu6 rity number, the home address, home phone number,

7 mobile phone number, personal email, or home fax

8 number of, and identifiable to, that individual;

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

10 ‘‘(A) an individual designated in section

11 1114; or

12 ‘‘(B) 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 commit17 ting magistrate;

18 ‘‘(3) the term ‘crime of violence’ has the meaning

19 given the term in section 16; and

20 ‘‘(4) the term ‘immediate family’ has the mean21 ing given the term in section 115(c)(2).’’.

22 (b) CLERICAL AMENDMENT.—The table of sections at

23 the beginning of chapter 7 of title 18, United States Code,

24 is amended by adding at the end the following new item:

‘‘118. Protection of individuals performing certain official duties.’’.
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1 SEC. 203. PROHIBITION OF POSSESSION OF DANGEROUS

2 WEAPONS IN FEDERAL COURT FACILITIES.

3 Section 930(e)(1) of title 18, United States Code, is

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

5 ‘‘firearm’’.

6 SEC. 204. CLARIFICATION OF VENUE FOR RETALIATION

7 AGAINST A WITNESS.

8 Section 1513 of title 18, United States Code, is amend9 ed by adding at the end the following:

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

11 in the district in which the official proceeding (whether

12 pending, about to be instituted, or completed) was intended

13 to be affected, or in which the conduct constituting the al14 leged offense occurred.’’.

15 SEC. 205. MODIFICATION OF TAMPERING WITH A WITNESS,

16 VICTIM, OR AN INFORMANT OFFENSE.

17 (a) CHANGES IN PENALTIES.—Section 1512 of title 18,

18 United States Code, is amended—

19 (1) so that subparagraph (A) of subsection (a)(3)

20 reads as follows:

21 ‘‘(A) in the case of a killing, the punishment pro22 vided in sections 1111 and 1112;’’;

23 (2) in subsection (a)(3)—

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

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

26 inserting ‘‘30 years’’; and
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1 (B) in subparagraph (C), by striking ‘‘10

2 years’’ and inserting ‘‘20 years’’;

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

4 inserting ‘‘20 years’’; and

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

6 inserting ‘‘3 years’’.

7 SEC. 206. MODIFICATION OF RETALIATION OFFENSE.

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

9 amended—

10 (1) in subsection (a)(1)(B)—

11 (A) by inserting a comma after ‘‘proba12 tion’’; and

13 (B) by striking the comma which imme14 diately follows another comma;

15 (2) in subsection (a)(2)(B), by striking ‘‘20

16 years’’ and inserting ‘‘30 years’’;

17 (3) in subsection (b)—

18 (A) in paragraph (2)—

19 (i) by inserting a comma after ‘‘proba20 tion’’; and

21 (ii) by striking the comma which im22 mediately follows another comma; and

23 (B) in the matter following paragraph (2),

24 by striking ‘‘ten years’’ and inserting ‘‘20

25 years’’; and
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1 (4) by redesignating the second subsection (e) as

2 subsection (f).

3 SEC. 207. GENERAL MODIFICATIONS OF FEDERAL MURDER

4 CRIME AND RELATED CRIMES.

5 Section 1112(b) of title 18, United States Code, is

6 amended—

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

8 years’’; and

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

10 years’’.

11 TITLE III—PROTECTING STATE

12 AND LOCAL JUDGES AND RE13 LATED GRANT PROGRAMS

14 SEC. 301. GRANTS TO STATES TO PROTECT WITNESSES AND

15 VICTIMS OF CRIMES.

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

17 Control and Law Enforcement Act of 1994 (42 U.S.C.

18 13862) is amended—

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

20 end;

21 (2) in paragraph (4), by striking the period and

22 inserting ‘‘; and’’; and

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

24 ‘‘(5) by a State, unit of local government, or In25 dian tribe to create and expand witness and victim
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1 protection programs to prevent threats, intimidation,

2 and retaliation against victims of, and witnesses to,

3 violent crimes.’’.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

5 31707 of the Violent Crime Control and Law Enforcement

6 Act of 1994 (42 U.S.C. 13867) is amended to read as fol7 lows:

8 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘There are authorized to be appropriated $20,000,000

10 for each of the fiscal years 2006 through 2010 to carry out

11 this subtitle.’’.

12 SEC. 302. ELIGIBILITY OF STATE COURTS FOR CERTAIN

13 FEDERAL GRANTS.

14 (a) CORRECTIONAL OPTIONS GRANTS.—Section 515 of

15 the Omnibus Crime Control and Safe Streets Act of 1968

16 (42 U.S.C. 3762a) is amended—

17 (1) in subsection (a)—

18 (A) in paragraph (2), by striking ‘‘and’’ at

19 the end;

20 (B) in paragraph (3), by striking the period

21 and inserting ‘‘; and’’; and

22 (C) by adding at the end the following:

23 ‘‘(4) grants to State courts to improve security

24 for State and local court systems.’’; and
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1 (2) in subsection (b), by inserting after the pe2 riod the following:

3 ‘‘Priority shall be given to State court applicants under

4 subsection (a)(4) that have the greatest demonstrated need

5 to provide security in order to administer justice.’’.

6 (b) ALLOCATIONS.—Section 516(a) of the Omnibus

7 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

8 3762b) is amended by—

9 (1) striking ‘‘80’’ and inserting ‘‘70’’;

10 (2) striking ‘‘and 10’’ and inserting ‘‘10’’; and

11 (3) inserting before the period the following: ‘‘,

12 and 10 percent for section 515(a)(4)’’.

13 (c) STATE AND LOCAL GOVERNMENTS TO CONSIDER

14 COURTS.—The Attorney General may require, as appro15 priate, that whenever a State or unit of local government

16 or Indian tribe applies for a grant from the Department

17 of Justice, the State, unit, or tribe demonstrate that, in de18 veloping the application and distributing funds, the State,

19 unit, or tribe—

20 (1) considered the needs of the judicial branch of

21 the State, unit, or tribe, as the case may be;

22 (2) consulted with the chief judicial officer of the

23 highest court of the State, unit, or tribe, as the case

24 may be; and
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1 (3) consulted with the chief law enforcement offi2 cer of the law enforcement agency responsible for the

3 security needs of the judicial branch of the State,

4 unit, or tribe, as the case may be.

5 (d) ARMOR VESTS.—Section 2501 of title I of the Om6 nibus Crime Control and Safe Streets Act of 1968 (42

7 U.S.C. 3796ll) is amended—

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

9 and local court officers’’ after ‘‘tribal law enforcement

10 officers’’; and

11 (2) in subsection (b), by inserting ‘‘State or local

12 court,’’ after ‘‘government,’’.

13 TITLE IV—LAW ENFORCEMENT

14 OFFICERS

15 SEC. 401. AMENDMENTS TO LAW ENFORCEMENT OFFICER

16 SAFETY PROVISIONS OF TITLE 18.

17 (a) IN GENERAL.—Section 926B of title 18, United

18 States Code, is amended by adding at the end the following:

19 ‘‘(f) For purposes of this section, a law enforcement

20 officer of the Amtrak Police Department or a law enforce21 ment or police officer of the executive branch of the Federal

22 Government qualifies as an employee of a governmental

23 agency who is authorized by law to engage in or supervise

24 the prevention, detection, investigation, or prosecution of,
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1 or the incarceration of any person for, any violation of law,

2 and has statutory powers of arrest.’’.

3 (b) RETIRED LAW ENFORCEMENT OFFICERS.—Section

4 926C of title 18, United States Code, is amended—

5 (1) in subsection (c)—

6 (A) in paragraph (3)(A), by striking ‘‘was

7 regularly employed as a law enforcement officer

8 for an aggregate of 15 years or more’’ and in9 serting ‘‘served as a law enforcement officer for

10 an aggregate of 10 years or more’’;

11 (B) by striking paragraphs (4) and (5) and

12 inserting the following:

13 ‘‘(4) during the most recent 12-month period, has

14 met, at the expense of the individual, the standards

15 for qualification in firearms training for active law

16 enforcement officers as set by the officer’s former agen17 cy, the State in which the officer resides or a law en18 forcement agency within the State in which the officer

19 resides;’’; and

20 (C) by redesignating paragraphs (6) and

21 (7) as paragraphs (5) and (6), respectively;

22 (2) in subsection (d)—

23 (A) in paragraph (1), by striking ‘‘to meet

24 the standards established by the agency for train25 ing and qualification for active law enforcement
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1 officers to carry a firearm of the same type as

2 the concealed firearm; or’’ and inserting ‘‘to meet

3 the active duty standards for qualification in

4 firearms training as established by the agency to

5 carry a firearm of the same type as the concealed

6 firearm or’’; and

7 (B) in paragraph (2)(B), by striking ‘‘oth8 erwise found by the State to meet the standards

9 established by the State for training and quali10 fication for active law enforcement officers to

11 carry a firearm of the same type as the concealed

12 firearm.’’ and inserting ‘‘otherwise found by the

13 State or a certified firearms instructor that is

14 qualified to conduct a firearms qualification test

15 for active duty officers within that State to have

16 met—

17 ‘‘(i) the active duty standards for qual18 ification in firearms training as established

19 by the State to carry a firearm of the same

20 type as the concealed firearm; or

21 ‘‘(ii) if the State has not established

22 such standards, standards set by a law en23 forcement agency within that State to carry

24 a firearm of the same type as the concealed

25 firearm.’’; and
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1 (3) by adding at the end the following:

2 ‘‘(f) In this section, the term ‘service with a public

3 agency as a law enforcement officer’ includes service as a

4 law enforcement officer of the Amtrak Police Department

5 or as a law enforcement or police officer of the executive

6 branch of the Federal Government.’’.

7 SEC. 402. REPORT ON SECURITY OF FEDERAL PROSECU8 TORS.

9 (a) IN GENERAL.—Not later than 90 days after the

10 date of enactment of this Act, the Attorney General shall

11 submit to the Committee on the Judiciary of the Senate and

12 the Committee on the Judiciary of the House of Representa13 tives a report on the security of assistant United States at14 torneys and other Federal attorneys arising from the pros15 ecution of terrorists, violent criminal gangs, drug traf16 fickers, gun traffickers, white supremacists, those who com17 mit fraud and other white-collar offenses, and other crimi18 nal cases.

19 (b) CONTENTS.—The report submitted under sub20 section (a) shall describe each of the following:

21 (1) The number and nature of threats and as22 saults against attorneys handling prosecutions de23 scribed in subsection (a) and the reporting require24 ments and methods.
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1 (2) The security measures that are in place to

2 protect the attorneys who are handling prosecutions

3 described in subsection (a), including threat assess4 ments, response procedures, availability of security

5 systems and other devices, firearms licensing (deputa6 tions), and other measures designed to protect the at7 torneys and their families.

8 (3) The firearms deputation policies of the De9 partment of Justice, including the number of attor10 neys deputized and the time between receipt of threat

11 and completion of the deputation and training proc12 ess.

13 (4) For each requirement, measure, or policy de14 scribed in paragraphs (1) through (3), when the re15 quirement, measure, or policy was developed and who

16 was responsible for developing and implementing the

17 requirement, measure, or policy .

18 (5) The programs that are made available to the

19 attorneys for personal security training, including

20 training relating to limitations on public information

21 disclosure, basic home security, firearms handling

22 and safety, family safety, mail handling, counter-sur23 veillance, and self-defense tactics.

24 (6) The measures that are taken to provide attor25 neys handling prosecutions described in subsection (a)
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1 with secure parking facilities, and how priorities for

2 such facilities are established—

3 (A) among Federal employees within the fa4 cility;

5 (B) among Department of Justice employees

6 within the facility; and

7 (C) among attorneys within the facility.

8 (7) The frequency attorneys handling prosecu9 tions described in subsection (a) are called upon to

10 work beyond standard work hours and the security

11 measures provided to protect attorneys at such times

12 during travel between office and available parking fa13 cilities.

14 (8) With respect to attorneys who are licensed

15 under State laws to carry firearms, the policy of the

16 Department of Justice as to—

17 (A) carrying the firearm between available

18 parking and office buildings;

19 (B) securing the weapon at the office build20 ings; and

21 (C) equipment and training provided to fa22 cilitate safe storage at Department of Justice fa23 cilities.

24 (9) The offices in the Department of Justice that

25 are responsible for ensuring the security of attorneys
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1 handling prosecutions described in subsection (a), the

2 organization and staffing of the offices, and the man3 ner in which the offices coordinate with offices in spe4 cific districts.

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

6 Marshals Service or any other Department of Justice

7 component plays in protecting, or providing security

8 services or training for, attorneys handling prosecu9 tions described in subsection (a).

10 SEC. 403. GOVERNMENT ACCOUNTABILITY OFFICE STUDY

11 OF QUALIFIED ACTIVE AND RETIRED LAW EN12 FORCEMENT OFFICERS.

13 (a) IN GENERAL.—Not later than 6 months after the

14 date of the enactment of this Act, the Comptroller General

15 of the United States shall begin a study of the number of

16 active and retired law enforcement officers carrying con17 cealed firearms pursuant to sections 926B and 926C of title

18 18, United States Code.

19 (b) CONTENTS.—The study shall determine and ana20 lyze the following:

21 (1) The number of qualified law enforcement offi22 cers in each State or any political subdivision thereof

23 carrying a concealed firearm under section 926B of

24 title 18, United States Code.
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1 (2) The number of qualified retired law enforce2 ment officers in each State or any political subdivi3 sion thereof carrying a concealed firearm under sec4 tion 926C of title 18, United States Code.

5 (3) The number of qualified retired law enforce6 ment officers with less than 15 years of service car7 rying a concealed firearm.

8 (4) The number of qualified retired law enforce9 ment officers obtaining certification from a certified

10 firearms instructor that is qualified to conduct a fire11 arms qualification test for active duty officers within

12 that State to have met the active duty standards for

13 qualification in firearms training as established by

14 the State or, if the State has not established such

15 standards, standards set by a law enforcement agency

16 for training and qualification for active duty law en17 forcement officers within that State, to carry a fire18 arm of the same type as the concealed firearm. The

19 report shall also include detailed information on the

20 differences between the certification requirements set

21 forth by each State and each law enforcement agency

22 within that State authorized to issue certifications for

23 concealed weapons under sections 926B and 926C of

24 title 18, United States Code.
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1 (5) A detailed analysis and comparison of the

2 criteria used in each State or any political subdivi3 sion thereof to determine whether an individual is

4 qualified to carry a concealed weapon under section

5 926C(c)(5) of title 18, United States Code.

6 (c) OPPORTUNITY FOR PUBLIC COMMENT.—The

7 Comptroller General shall provide an opportunity for pub8 lic comment on the proposed scope and methodology for the

9 report required by subsections (a) and (b), making such

10 modifications in response to such comments as he deems

11 appropriate.

12 (d) REPORT.—Not later than 15 months after the date

13 of the enactment of this Act, the Comptroller General shall

14 complete the study under this section and submit a report

15 to the Committees on the Judiciary the Senate and the

16 Committee on the Judiciary of the House of Representatives

17 regarding the findings of the study.

18 TITLE V—MISCELLANEOUS

19 PROVISIONS

20 SEC. 501. EXPANDED PROCUREMENT AUTHORITY FOR THE

21 UNITED STATES SENTENCING COMMISSION.

22 (a) IN GENERAL.—Section 995 of title 28, United

23 States Code, is amended by adding at the end the following:

24 ‘‘(f) The Commission may—
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1 ‘‘(1) use available funds to enter into contracts

2 for the acquisition of severable services for a period

3 that begins in 1 fiscal year and ends in the next fiscal

4 year, to the same extent as executive agencies may

5 enter into such contracts under the authority of sec6 tion 303L of the Federal Property and Administra7 tive Services Act of 1949 (41 U.S.C. 253l);

8 ‘‘(2) enter into multi-year contracts for the ac9 quisition of property or services to the same extent as

10 executive agencies may enter into such contracts

11 under the authority of section 304B of the Federal

12 Property and Administrative Services Act of 1949 (41

13 U.S.C. 254c); and

14 ‘‘(3) make advance, partial, progress, or other

15 payments under contracts for property or services to

16 the same extent as executive agencies may make such

17 payments under the authority of section 305 of the

18 Federal Property and Administrative Services Act of

19 1949 (41 U.S.C. 255).’’.

20 (b) SUNSET.—The amendment made by subsection (a)

21 shall cease to have force and effect on September 30, 2010.

22 SEC. 502. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL

23 JUDGES LIFE INSURANCE.

24 (a) IN GENERAL.—Section 604(a)(5) of title 28,

25 United States Code, is amended by inserting after ‘‘hold
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1 office during good behavior,’’ the following: ‘‘bankruptcy

2 judges appointed under section 152 of this title, magistrate

3 judges appointed under section 631 of this title, and terri4 torial district court judges appointed under section 24 of

5 the Organic Act of Guam (48 U.S.C. 1424b), section 1(b)

6 of the Act of November 8, 1877 (48 U.S.C. 1821), or section

7 24(a) of the Revised Organic Act of the Virgin Islands (48

8 U.S.C. 1614(a)),’’.

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall apply with respect to any payment made

11 on or after the first day of the first applicable pay period

12 beginning on or after the date of enactment of this Act.

13 SEC. 503. ASSIGNMENT OF JUDGES.

14 Section 296 of title 28, United States Code, is amended

15 by inserting at the end of the second undesignated para16 graph the following new sentence: ‘‘However, a judge who

17 has retired from regular active service under section 371(b)

18 of this title, when designated and assigned to the court to

19 which such judge was appointed, shall have all the powers

20 of a judge of that court, including participation in appoint21 ment of court officers and magistrates, rulemaking, govern22 ance, and administrative matters.’’.
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1 SEC. 504. SENIOR JUDGE PARTICIPATION IN THE SELEC2 TION OF MAGISTRATES.

3 Section 631(a) of title 28, United States Code, is

4 amended by striking ‘‘Northern Mariana Islands’’ the first

5 place it appears and inserting ‘‘Northern Mariana Islands

6 (including any judge in regular active service and any

7 judge who has retired from regular active service under sec8 tion 371(b) of this title, when designated and assigned to

9 the court to which such judge was appointed)’’.

10 SEC. 505. REAUTHORIZATION OF THE ETHICS IN GOVERN11 MENT ACT.

12 Section 405 of the Ethics in Government Act of 1978

13 (5 U.S.C. App.) is amended by striking ‘‘2006’’ and insert14 ing ‘‘2011’’.

15 SEC. 506. ELDERLY NONVIOLENT OFFENDER PILOT PRO16 GRAM.

17 (a) PROGRAM ESTABLISHED.—

18 (1) IN GENERAL.—Notwithstanding section 3624

19 of title 18, United States Code, or any other provision

20 of law, the Director of the Bureau of Prisons shall

21 conduct a pilot program to determine the effectiveness

22 of removing each eligible elderly offender from a Bu23 reau of Prison facility and placing such offender on

24 home detention until the date on which the term of

25 imprisonment to which the offender was sentenced ex26 pires.
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1 (2) TIMING OF PLACEMENT IN HOME DETEN2 TION.—

3 (A) IN GENERAL.—In carrying out the pilot

4 program under paragraph (1), the Director of

5 the Bureau of Prisons shall—

6 (i) in the case of an offender who is de7 termined to be an eligible elderly offender

8 on or before the date specified in subpara9 graph (B), place such offender on home de10 tention not later than 180 days after the

11 date of the enactment of this Act; and

12 (ii) in the case of an offender who is

13 determined to be an eligible elderly offender

14 after the date specified in subparagraph (B)

15 and before the date that is 3 years and 91

16 days after the date of the enactment of this

17 Act, place such offender on home detention

18 not later than 90 days after the date of such

19 determination.

20 (B) DATE SPECIFIED.—For purposes of sub21 paragraph (A), the date specified in this sub22 paragraph is the date that is 90 days after the

23 date of the enactment of this Act.

24 (3) VIOLATION OF TERMS OF HOME DETEN25 TION.—A violation by an eligible elderly offender of
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1 the terms of the home detention involved, including

2 the commission of another Federal, State, or local

3 crime, shall result in the removal of the offender from

4 home detention and the return of the offender to the

5 form of custody in which the offender was imprisoned

6 immediately before placement on home detention

7 under paragraph (1).

8 (b) SCOPE OF PILOT PROGRAM.—

9 (1) PARTICIPATING DESIGNATED FACILITIES.—

10 The pilot program under subsection (a) shall be con11 ducted through at least 1 Federal facility designated

12 by the Director of the Bureau of Prisons as appro13 priate for the pilot program.

14 (2) DURATION.—The pilot program shall be con15 ducted during each of fiscal years 2007 and 2008.

16 (c) PROGRAM EVALUATION.—

17 (1) IN GENERAL.—The Director of the Bureau of

18 Prisons shall contract with an independent organiza19 tion to monitor and evaluate the progress of each eli20 gible elderly offender placed on home detention under

21 subsection (a)(1) for the period such offender is on

22 home detention during the duration described in sub23 section (b)(2).

24 (2) ANNUAL REPORT.—The organization de25 scribed in paragraph (1) shall annually submit to the
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1 Director and to Congress a report on the pilot pro2 gram under subsection (a)(1), which shall include—

3 (A) an evaluation of the effectiveness of the

4 pilot program in providing a successful transi5 tion to eligible elderly offenders from incarcer6 ation to the community, including data relating

7 to the recidivism rates for those offenders; and

8 (B) the cost savings to the Federal Govern9 ment resulting from the early removal of such of10 fenders from incarceration.

11 (3) PROGRAM ADJUSTMENTS.—Upon review of

12 the report submitted under paragraph (2), the Direc13 tor shall submit recommendations to Congress for ad14 justments to the pilot program, including, its expan15 sion to additional facilities.

16 (d) DEFINITIONS.—In this section:

17 (1) ELIGIBLE ELDERLY OFFENDER.—The term

18 ‘‘eligible elderly offender’’ means an offender in the

19 custody of the Bureau of Prisons who—

20 (A) is not less than 60 years of age;

21 (B) is serving a term of imprisonment after

22 conviction for an offense other than a crime of

23 violence and has served the greater of 10 years

or 1 24 ⁄2 of the term of imprisonment;
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1 (C) has not been convicted in the past of

2 any Federal or State crime of violence;

3 (D) has not been determined by the Bureau

4 of Prisons, on the basis of information the Bu5 reau uses to make custody classifications, and in

6 the sole discretion of the Bureau, to have a his7 tory of violence;

8 (E) has not escaped, or attempted to escape,

9 from the Bureau of Prisons facility; and

10 (F) has not been determined by the Direc11 tor, pursuant to the disciplinary system of the

12 Bureau of Prisons, to have committed an infrac13 tion involving an act of violence.

14 (2) HOME DETENTION.—The term ‘‘home deten15 tion’’ has the same meaning given the term in the

16 Federal Sentencing Guidelines, and includes deten17 tion in a nursing home or other residential long-term

18 care facility.

19 (3) TERM OF IMPRISONMENT.—The term ‘‘term

20 of imprisonment’’ includes multiple terms of impris21 onment ordered to run consecutively or concurrently,

22 which shall be treated as a single, aggregate term of

23 imprisonment for purposes of this section.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to carry out this section

3 $5,000,000 for each of fiscal years 2007 and 2008.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 1751

AMENDMENT