IB 

Union Calendar No. 148 

109TH CONGRESS 

1ST SESSION H. R. 1751 

[Report No. 109–271] 

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

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005 

Mr. GOHMERT (for himself and Mr. WEINER) introduced the following bill; 

which was referred to the Committee on the Judiciary 

NOVEMBER 7, 2005 

Additional sponsors: Mr. BOUSTANY, Mr. WILSON of South Carolina, Mr. 

KUHL of New York, Mr. CHABOT, Mr. DANIEL E. LUNGREN of California, Mr. CONAWAY, Mr. ALEXANDER, and Mr. GALLEGLY

NOVEMBER 7, 2005 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 21, 2005] 

A BILL 

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

prosecutors, witnesses, victims, and their family members, and for other purposes. 
2 

•HR 1751 RH 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure Access to Justice 

5 and Court Protection Act of 2005’’. 

6 SEC. 2. PENALTIES FOR INFLUENCING, IMPEDING, OR RE7 TALIATING AGAINST JUDGES AND OTHER OF8 FICIALS BY THREATENING OR INJURING A 

9 FAMILY MEMBER. 

10 Section 115 of title 18, United States Code, is amend11 ed— 

12 (1) in each of subparagraphs (A) and (B) of sub13 section (a)(1), by inserting ‘‘federally funded public 

14 safety officer (as defined for the purposes of section 

15 1123)’’ after ‘‘Federal law enforcement officer,’’; 

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

17 ‘‘(b)(1) Except as provided in paragraph (2), the pun18 ishment for an offense under this section is as follows: 

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

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

21 offense under section 111. 

22 ‘‘(B) The punishment for a kidnapping, at23 tempted kidnapping, or conspiracy to kidnap in vio24 lation of this section is the same as provided for a 

25 like violation in section 1201. 
3 

•HR 1751 RH 

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

2 murder, or conspiracy to murder in violation of this 

3 section is the same as provided for a like offense 

4 under section 1111, 1113, and 1117. 

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

6 shall be punished by a fine under this title or impris7 onment for not more than 10 years, or both. 

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

9 an immediate family member of a United States judge, a 

10 Federal law enforcement officer (as defined for the purposes 

11 of section 1114) or of a federally funded public safety officer 

12 (as defined for the purposes of section 1123), in lieu of the 

13 punishments otherwise provided by paragraph (1), the pun14 ishments shall be as follows: 

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

16 of this section is as follows: 

17 ‘‘(i) If the assault is a simple assault, a fine 

18 under this title or a term of imprisonment for 

19 not more than one year, or both. 

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

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

22 title and a term of imprisonment for not less 

23 than one year nor more than 10 years. 

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

25 bodily injury (as defined in section 113), a fine 
4 

•HR 1751 RH 

1 under this title and a term of imprisonment for 

2 not less than 3 years nor more than 12 years. 

3 ‘‘(iv) If the assault resulted in serious bod4 ily injury (as defined in section 2119), a fine 

5 under this title and a term of imprisonment for 

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

7 ‘‘(B) The punishment for a kidnapping, at8 tempted kidnapping, or conspiracy to kidnap in vio9 lation of this section is a fine under this title and im10 prisonment for any term of years not less than 30, or 

11 for life. 

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

13 murder, or conspiracy to murder in violation of this 

14 section is a fine under this title and imprisonment 

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

16 if death results, the offender may be sentenced to 

17 death. 

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

19 shall be punished by a fine under this title and im20 prisonment for not less than one year nor more than 

21 10 years. 

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

23 and in relation to the offense, the punishment shall 

24 include a term of imprisonment of 5 years in addi-
5 

•HR 1751 RH 

1 tion to that otherwise imposed under this para2 graph.’’. 

3 SEC. 3. PENALTIES FOR CERTAIN ASSAULTS. 

4 (a) INCLUSION OF FEDERALLY FUNDED PUBLIC SAFE5 TY OFFICERS.—Section 111(a) of title 18, United States 

6 Code, is amended— 

7 (1) in paragraph (1), by inserting ‘‘or a feder8 ally funded public safety officer (as defined in section 

9 1123)’’ after ‘‘1114 of this title’’; and 

10 (2) in paragraph (2), by inserting ‘‘or a feder11 ally funded public safety officer (as defined in section 

12 1123)’’ after ‘‘1114’’. 

13 (b) ALTERNATE PENALTY WHERE VICTIM IS A UNITED

14 STATES JUDGE, A FEDERAL LAW ENFORCEMENT OFFICER, 

15 OR FEDERALLY FUNDED PUBLIC SAFETY OFFICER.—Sec16 tion 111 of title 18, United States Code, is amended by add17 ing at the end the following: 

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

19 UNITED STATES JUDGE, A FEDERAL LAW ENFORCEMENT

20 OFFICER, OR FEDERALLY FUNDED PUBLIC SAFETY OFFI21 CER.—(1) Except as provided in paragraph (2), if the of22 fense is an assault and the victim of the offense under this 

23 section is a United States judge, a Federal law enforcement 

24 officer (as defined for the purposes of section 1114) or of 

25 a federally funded public safety officer (as defined for the 
6 

•HR 1751 RH 

1 purposes of section 1123), in lieu of the penalties otherwise 

2 set forth in this section, the offender shall be subject to a 

3 fine under this title and— 

4 ‘‘(A) If the assault is a simple assault, a fine 

5 under this title or a term of imprisonment for not 

6 more than one year, or both. 

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

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

9 than one nor more than 10 years; 

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

11 injury (as defined in section 113), shall be impris12 oned not less than 3 nor more than 12 years; and 

13 ‘‘(D) if the assault resulted in serious bodily in14 jury (as defined in section 2119), shall be imprisoned 

15 not less than 10 nor more than 30 years. 

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

17 relation to the offense, the punishment shall include a term 

18 of imprisonment of 5 years in addition to that otherwise 

19 imposed under this subsection.’’. 

20 SEC. 4. PROTECTION OF FEDERALLY FUNDED PUBLIC SAFE21 TY OFFICERS. 

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

23 Code, is amended by adding at the end the following: 
7 

•HR 1751 RH 

1 ‘‘§ 1123. Killing of federally funded public safety offi2 cers 

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

4 federally funded public safety officer while that officer is 

5 engaged in official duties, or arising out of the performance 

6 of official duties, or kills a former federally funded public 

7 safety officer arising out of the performance of official du8 ties, shall be punished by a fine under this title and impris9 onment for any term of years not less than 30, or for life, 

10 or, if death results, may be sentenced to death. 

11 ‘‘(b) As used in this section— 

12 ‘‘(1) the term ‘federally funded public safety offi13 cer’ means a public safety officer for a public agency 

14 (including a court system, the National Guard of a 

15 State to the extent the personnel of that National 

16 Guard are not in Federal service, and the defense 

17 forces of a State authorized by section 109 of title 32) 

18 that receives Federal financial assistance, of an entity 

19 that is a State of the United States, the District of 

20 Columbia, the Commonwealth of Puerto Rico, the Vir21 gin Islands of the United States, Guam, American 

22 Samoa, the Trust Territory of the Pacific Islands, the 

23 Commonwealth of the Northern Mariana Islands, or 

24 any territory or possession of the United States, an 

25 Indian tribe, or a unit of local government of that en26 tity; 
8 

•HR 1751 RH 

1 ‘‘(2) the term ‘public safety officer’ means an in2 dividual serving a public agency in an official capac3 ity, as a judicial officer, as a law enforcement officer, 

4 as a firefighter, as a chaplain, or as a member of a 

5 rescue squad or ambulance crew; 

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

7 other officer or employee of a court, including pros8 ecutors, court security, pretrial services officers, court 

9 reporters, and corrections, probation, and parole offi10 cers; and 

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

12 serving as an official recognized or designated mem13 ber of a legally organized volunteer fire department 

14 and an officially recognized or designated public em15 ployee member of a rescue squad or ambulance crew; 

16 and 

17 ‘‘(5) the term ‘law enforcement officer’ means an 

18 individual involved in crime and juvenile delin19 quency control or reduction, or enforcement of the 

20 laws.’’. 

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

22 the beginning of chapter 51 of title 18, United States Code, 

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

‘‘1123. Killing of federally funded public safety officers.’’. 
9 

•HR 1751 RH 

1 SEC. 5. GENERAL MODIFICATIONS OF FEDERAL MURDER 

2 CRIME AND RELATED CRIMES. 

3 (a) MURDER AMENDMENTS.—Section 1111 of title 18, 

4 United States Code, is amended in subsection (b), by insert5 ing ‘‘not less than 30’’ after ‘‘any term of years’’. 

6 (b) MANSLAUGHTER AMENDMENTS.—Section 1112(b) 

7 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 amend16 ed— 

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

18 ‘‘(a)(1) Whoever— 

19 ‘‘(A) corruptly, or by threats of force or force, en20 deavors to influence, intimidate, or impede a juror or 

21 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 
10 

•HR 1751 RH 

1 ‘‘(C) corruptly, or by threats of force or force, ob2 structs, 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 pro5 vided 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 an 

9 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 (1) 

13 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 18, 

22 United States Code, is amended— 

23 (1) in each of paragraphs (1) and (2) of sub24 section (a), insert ‘‘or conspires’’ after ‘‘attempts’’; 
11 

•HR 1751 RH 

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

2 reads as follows: 

3 ‘‘(A) in the case of a killing, the punishment pro4 vided 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’’ and 

12 inserting ‘‘30 years’’; and 

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

14 inserting ‘‘20 years’’. 

15 SEC. 8. MODIFICATION OF RETALIATION OFFENSE. 

16 Section 1513 of title 18, United States Code, is amend17 ed— 

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; 
12 

•HR 1751 RH 

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’’ and 

4 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) as 

8 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 amend14 ed in subsection (b)(2), by inserting ‘‘intimidation of, or 

15 retaliation against, a witness, victim, juror, or informant,’’ 

16 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 amend20 ed 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 or 

23 not pending, about to be instituted or completed) was in24 tended to be affected or was completed, or in which the con25 duct constituting the alleged offense occurred.’’. 
13 

•HR 1751 RH 

1 SEC. 11. WITNESS PROTECTION GRANT PROGRAM. 

2 Title I of the Omnibus Crime Control and Safe Streets 

3 Act of 1968 is amended by inserting after part BB (42 

4 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 to 

11 prevent threats, intimidation, and retaliation against vic12 tims 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 pref22 erential consideration, if feasible, to an application from 

23 a jurisdiction that— 

24 ‘‘(1) has the greatest need for witness and victim 

25 protection programs; 
14 

•HR 1751 RH 

1 ‘‘(2) has a serious violent crime problem in the 

2 jurisdiction; and 

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

4 threats, intimidation, and retaliation against victims 

5 of, and witnesses to, crimes. 

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

7 are authorized to be appropriated to carry out this section 

8 $20,000,000 for each of fiscal years 2006 through 2010.’’. 

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

10 VICTIMS OF CRIMES. 

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

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

13 13862) is amended— 

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

15 end; 

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

17 the end and inserting ‘‘; and’’ ; and 

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

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

20 protection programs to prevent threats, intimidation, 

21 and retaliation against victims of, and witnesses to, 

22 violent crimes.’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 31707 of the Violent Crime Control and Law Enforcement 
15 

•HR 1751 RH 

1 Act of 1994 (42 U.S.C. 13867) is amended to read as fol2 lows: 

3 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

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

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

6 this subtitle.’’. 

7 SEC. 13. JUDICIAL BRANCH SECURITY REQUIREMENTS. 

8 (a) ENSURING CONSULTATION AND COORDINATION

9 WITH THE ADMINISTRATIVE OFFICE OF THE UNITED

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

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

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

13 with the Administrative Office of the United States Courts 

14 on a continuing basis regarding the security requirements 

15 for the Judicial Branch, and inform the Administrative Of16 fice of the measures the Marshals Service intends to take 

17 to meet those requirements.’’. 

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

19 title 28, United States Code, is amended— 

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

21 paragraph (25); 

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

23 (23); and 

24 (3) by inserting after paragraph (23) the fol25 lowing: 
16 

•HR 1751 RH 

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

2 Service on a continuing basis regarding the security 

3 requirements for the Judicial Branch, and inform the 

4 Administrative Office of the measures the Marshals 

5 Service intends to take to meet those requirements; 

6 and’’. 

7 SEC. 14. PROTECTIONS AGAINST MALICIOUS RECORDING 

8 OF FICTITIOUS LIENS AGAINST A FEDERAL 

9 EMPLOYEE. 

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

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

12 ‘‘§ 1521. Retaliating against a Federal employee by 

13 false claim or slander of title 

14 ‘‘Whoever, with the intent to harass a person des15 ignated in section 1114 on account of the performance of 

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

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

18 lien or encumbrance against the real or personal property 

19 of that person, or attempts or conspires to do so, shall be 

20 fined under this title or imprisoned not more than 10 years, 

21 or both.’’. 

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

23 the beginning of chapter 73 of title 18, United States Code, 

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

‘‘1521. Retaliating against a Federal employee by false claim or slander of title.’’. 
17 

•HR 1751 RH 

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 of 

8 1978 (5 U.S.C. App) is amended by striking subparagraph 

9 (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 section 

22 that the defendant is a provider of Internet services and 

23 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 Secu-
18 

•HR 1751 RH 

1 rity number, the home address, home phone number, 

2 mobile phone number, personal email, or home fax 

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

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

5 ‘‘(A) an individual designated in section 

6 1114; 

7 ‘‘(B) a public safety officer (as that term is 

8 defined in section 1204 of the Omnibus Crime 

9 Control and Safe Streets Act of 1968); or 

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

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

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

13 examination or other proceeding before any 

14 United States magistrate judge or other commit15 ting magistrate.’’. 

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

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

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

‘‘117. Protection of individuals performing certain Federal and federally assisted 

functions.’’. 
19 

•HR 1751 RH 

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 FUNDS. 

6 (a) COURTS TREATED AS UNITS OF LOCAL GOVERN7 MENTS FOR PURPOSES OF DISCRETIONARY GRANTS.—Sec8 tion 901 of the Omnibus Crime Control and Safe Streets 

9 Act of 1968 (42 U.S.C. 3791) is amended in subsection 

10 (a)(3)— 

11 (1) by redesignating subparagraphs (C) and (D) 

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

13 (2) by inserting after subparagraph (B) the fol14 lowing new subparagraph: 

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

16 unit of local government within the State for 

17 purposes of discretionary grants;’’. 

18 (b) STATE AND LOCAL GOVERNMENTS TO CONSIDER

19 COURTS.—The Attorney General shall ensure that whenever 

20 a State or unit of local government applies for a grant from 

21 the Department of Justice, the State or unit demonstrate 

22 that, in developing the application and distributing funds, 

23 the State or unit— 

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

25 the State or unit, as the case may be; and 
20 

•HR 1751 RH 

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

2 highest court of the State or unit, as the case may be. 

3 SEC. 19. REPORT ON SECURITY OF FEDERAL PROSECU4 TORS. 

5 Not later than 90 days after the date of the enactment 

6 of this Act, the Attorney General shall submit to the Com7 mittee on the Judiciary of the House of Representatives and 

8 the Committee on the Judiciary of the Senate a report on 

9 the security of assistant United States attorneys and other 

10 Federal attorneys arising from the prosecution of terrorists, 

11 violent criminal gangs, drug traffickers, gun traffickers, 

12 white supremacists, and those who commit fraud and other 

13 white-collar offenses. The report shall describe each of the 

14 following: 

15 (1) The number and nature of threats and as16 saults against attorneys handling those prosecutions 

17 and the reporting requirements and methods. 

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

19 protect the attorneys who are handling those prosecu20 tions, including measures such as threat assessments, 

21 response procedures, availability of security systems 

22 and other devices, firearms licensing (deputations), 

23 and other measures designed to protect the attorneys 

24 and their families. 
21 

•HR 1751 RH 

1 (3) The Department of Justice’s firearms deputa2 tion policies, including the number of attorneys depu3 tized and the time between receipt of threat and com4 pletion of the deputation and training process. 

5 (4) For each measure covered by paragraphs (1) 

6 through (3), when the report or measure was devel7 oped and who was responsible for developing and im8 plementing the report or measure. 

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

10 attorneys for personal security training, including 

11 training relating to limitations on public information 

12 disclosure, basic home security, firearms handling 

13 and safety, family safety, mail handling, counter14 surveillance, and self-defense tactics. 

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

16 attorneys with secure parking facilities, and how pri17 orities for such facilities are established— 

18 (A) among Federal employees within the fa19 cility; 

20 (B) among Department of Justice employees 

21 within the facility; and 

22 (C) among attorneys within the facility. 

23 (7) The frequency such attorneys are called upon 

24 to work beyond standard work hours and the security 

25 measures provided to protect attorneys at such times 
22 

•HR 1751 RH 

1 during travel between office and available parking fa2 cilities. 

3 (8) With respect to attorneys who are licensed 

4 under State laws to carry firearms, the Department 

5 of Justice’s policy as to— 

6 (A) carrying the firearm between available 

7 parking and office buildings; 

8 (B) securing the weapon at the office build9 ings; and 

10 (C) equipment and training provided to fa11 cilitate safe storage at Department of Justice fa12 cilities. 

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

14 are responsible for ensuring the security of the attor15 neys, the organization and staffing of the offices, and 

16 the manner in which the offices coordinate with of17 fices in specific districts. 

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

19 Marshals Service or any other Department of Justice 

20 component plays in protecting, or providing security 

21 services or training for, the attorneys. 

22 SEC. 20. FLIGHT TO AVOID PROSECUTION FOR KILLING 

23 PEACE OFFICERS. 

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

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

•HR 1751 RH 

1 ‘‘§ 1075. Flight to avoid prosecution for killing peace 

2 officers 

3 ‘‘Whoever moves or travels in interstate or foreign com4 merce with intent to avoid prosecution, or custody or con5 finement after conviction, under the laws of the place from 

6 which he flees or under section 1114 or 1123, for a crime 

7 consisting of the killing, an attempted killing, or a con8 spiracy to kill, an individual involved in crime and juve9 nile delinquency control or reduction, or enforcement of the 

10 laws or for a crime punishable by section 1114 or 1123, 

11 shall be fined under this title and imprisoned, in addition 

12 to any other imprisonment for the underlying offense, for 

13 any term of years not less than 10.’’. 

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

15 the beginning of chapter 49 of title 18, United States Code, 

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

‘‘1075. Flight to avoid prosecution for killing peace officers.’’. 

17 SEC. 21. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, 

18 AND RELATED CRIMES AGAINST FEDERAL 

19 JUDGES AND FEDERAL LAW ENFORCEMENT 

20 OFFICERS. 

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

22 Code, is amended— 

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

24 (2) by adding at the end the following: 
24 

•HR 1751 RH 

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

2 section is a United States judge (as defined in section 115) 

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

4 the offender shall be punished by a fine under this title and 

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

6 for life, or, if death results, may be sentenced to death.’’. 

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

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

9 ‘‘If the victim of the offense punishable under this subsection 

10 is a United States judge (as defined in section 115) or a 

11 Federal law enforcement officer (as defined in 115) the of12 fender shall be punished by a fine under this title and im13 prisonment for any term of years not less than 30, or for 

14 life, or, if death results, may be sentenced to death.’’. 

15 SEC. 22. MEDIA COVERAGE OF COURT PROCEEDINGS. 

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

17 findings: 

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

19 to freedom of speech, particularly as it relates to com20 ment on governmental activities, as protected by the 

21 first amendment to the Constitution, cannot be mean22 ingfully exercised without the ability of the public to 

23 obtain facts and information about the Government 

24 upon which to base their judgments regarding impor25 tant issues and events. As the United States Supreme 
25 

•HR 1751 RH 

1 Court articulated in Craig v. Harney, 331 U.S. 367 

2 (1947), ‘‘A trial is a public event. What transpires in 

3 the court room is public property.’’. 

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

5 to a free press, with the ability to report on all as6 pects of the conduct of the business of government, as 

7 protected by the first amendment to the Constitution, 

8 cannot be meaningfully exercised without the ability 

9 of the news media to gather facts and information 

10 freely for dissemination to the public. 

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

12 to petition the Government to redress grievances, par13 ticularly as it relates to the manner in which the 

14 Government exercises its legislative, executive, and ju15 dicial powers, as protected by the first amendment to 

16 the Constitution, cannot be meaningfully exercised 

17 without the availability to the public of information 

18 about how the affairs of government are being con19 ducted. As the Supreme Court noted in Richmond 

20 Newspapers, Inc. v. Commonwealth of Virginia 

21 (1980), ‘‘People in an open society do not demand in22 fallibility from their institutions, but it is difficult for 

23 them to accept what they are prohibited from observ24 ing.’’. 
26 

•HR 1751 RH 

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

2 United States obtain information regarding judicial 

3 matters involving the Constitution, civil rights, and 

4 other important legal subjects principally through the 

5 print and electronic media. Television, in particular, 

6 provides a degree of public access to courtroom pro7 ceedings that more closely approximates the ideal of 

8 actual physical presence than newspaper coverage or 

9 still photography. 

10 (5) Providing statutory authority for the courts 

11 of the United States to exercise their discretion in 

12 permitting televised coverage of courtroom proceedings 

13 would enhance significantly the access of the people to 

14 the Federal judiciary. 

15 (6) Inasmuch as the first amendment to the Con16 stitution prevents Congress from abridging the ability 

17 of the people to exercise their inherent rights to free18 dom of speech, to freedom of the press, and to petition 

19 the Government for a redress of grievances, it is good 

20 public policy for the Congress affirmatively to facili21 tate the ability of the people to exercise those rights. 

22 (7) The granting of such authority would assist 

23 in the implementation of the constitutional guarantee 

24 of public trials in criminal cases, as provided by the 

25 sixth amendment to the Constitution. As the Supreme 
27 

•HR 1751 RH 

1 Court stated in In re Oliver (1948), ‘‘Whatever other 

2 benefits the guarantee to an accused that his trial be 

3 conducted in public may confer upon our society, the 

4 guarantee has always been recognized as a safeguard 

5 against any attempt to employ our courts as instru6 ments of persecution. The knowledge that every crimi7 nal trial is subject to contemporaneous review in the 

8 forum of public opinion is an effective restraint on 

9 possible abuse of judicial power.’’. 

10 (b) AUTHORITY OF PRESIDING JUDGE TO ALLOW

11 MEDIA COVERAGE OF COURT PROCEEDINGS.— 

12 (1) AUTHORITY OF APPELLATE COURTS.—Not13 withstanding any other provision of law, the pre14 siding judge of an appellate court of the United 

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

16 photographing, electronic recording, broadcasting, or 

17 televising to the public of court proceedings over 

18 which that judge presides. 

19 (2) AUTHORITY OF DISTRICT COURTS.— 

20 (A) IN GENERAL.—Notwithstanding any 

21 other provision of law, any presiding judge of a 

22 district court of the United States may, in his or 

23 her discretion, permit the photographing, elec24 tronic recording, broadcasting, or televising to 
28 

•HR 1751 RH 

1 the public of court proceedings over which that 

2 judge presides. 

3 (B) OBSCURING OF WITNESSES AND JU4 RORS.—(i) Upon the request of any witness 

5 (other than a party) or a juror in a trial pro6 ceeding, the court shall order the face and voice 

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

8 be disguised or otherwise obscured in such man9 ner as to render the witness or juror unrecogniz10 able to the broadcast audience of the trial pro11 ceeding. 

12 (ii) The presiding judge in a trial pro13 ceeding shall inform— 

14 (I) each witness who is not a party 

15 that the witness has the right to request that 

16 his or her image and voice be obscured dur17 ing the witness’ testimony; and 

18 (II) each juror that the juror has the 

19 right to request that his or her image be ob20 scured during the trial proceeding. 

21 (3) ADVISORY GUIDELINES.—The Judicial Con22 ference of the United States is authorized to promul23 gate advisory guidelines to which a presiding judge, 

24 in his or her discretion, may refer in making deci25 sions with respect to the management and adminis-
29 

•HR 1751 RH 

1 tration of photographing, recording, broadcasting, or 

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

3 (c) DEFINITIONS.—In this section: 

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

5 judge’’ means the judge presiding over the court pro6 ceeding concerned. In proceedings in which more than 

7 one judge participates, the presiding judge shall be the 

8 senior active judge so participating or, in the case of 

9 a circuit court of appeals, the senior active circuit 

10 judge so participating, except that— 

11 (A) in en banc sittings of any United States 

12 circuit court of appeals, the presiding judge shall 

13 be the chief judge of the circuit whenever the 

14 chief judge participates; and 

15 (B) in en banc sittings of the Supreme 

16 Court of the United States, the presiding judge 

17 shall be the Chief Justice whenever the Chief Jus18 tice participates. 

19 (2) APPELLATE COURT OF THE UNITED

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

21 States’’ means any United States circuit court of ap22 peals and the Supreme Court of the United States. 

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

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

25 of the enactment of this Act. 
30 

•HR 1751 RH 

1 SEC. 23. FUNDING FOR STATE COURTS TO ASSESS AND EN2 HANCE COURT SECURITY AND EMERGENCY 

3 PREPAREDNESS. 

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

5 Office of Justice Programs, shall make grants under this 

6 section to the highest State courts in States participating 

7 in the program, for the purpose of enabling such courts— 

8 (1) to conduct assessments focused on the essen9 tial elements for effective courtroom safety and secu10 rity planning; and 

11 (2) to implement changes deemed necessary as a 

12 result of the assessments. 

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

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

15 to— 

16 (1) operational security and standard operating 

17 procedures; 

18 (2) facility security planning and self-audit sur19 veys of court facilities; 

20 (3) emergency preparedness and response and 

21 continuity of operations; 

22 (4) disaster recovery and the essential elements of 

23 a plan; 

24 (5) threat assessment; 

25 (6) incident reporting; 

26 (7) security equipment; 
31 

•HR 1751 RH 

1 (8) developing resources and building partner2 ships; and 

3 (9) new courthouse design. 

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

5 this section, a highest State court shall submit to the Attor6 ney General an application at such time, in such form, and 

7 including such information and assurances as the Attorney 

8 General shall require. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

10 authorized to be appropriated to carry out this section 

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

12 SEC. 24. ADDITIONAL AMOUNTS FOR UNITED STATES MAR13 SHALS SERVICE TO PROTECT THE JUDICIARY. 

14 In addition to any other amounts authorized to be ap15 propriated for the United States Marshals Service, there are 

16 authorized to be appropriated for the United States Mar17 shals Service to protect the judiciary, $20,000,000 for each 

18 of fiscal years 2006 through 2010 for— 

19 (1) hiring entry-level deputy marshals for pro20 viding judicial security; 

21 (2) hiring senior-level deputy marshals for inves22 tigating threats to the judiciary and providing pro23 tective details to members of the judiciary and Assist24 ant United States Attorneys; and 
32 

•HR 1751 RH 

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 SEC. 25. GRANTS TO STATES FOR THREAT ASSESSMENT 

5 DATABASES. 

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

7 carry out this section, the Attorney General shall carry out 

8 a program under which the Attorney General makes grants 

9 to States for use by the State to establish and maintain 

10 a threat assessment database described in subsection (b). 

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

12 threat assessment database is a database through which a 

13 State can— 

14 (1) analyze trends and patterns in domestic ter15 rorism and crime; 

16 (2) project the probabilities that specific acts of 

17 domestic terrorism or crime will occur; and 

18 (3) develop measures and procedures that can ef19 fectively reduce the probabilities that those acts will 

20 occur. 

21 (c) CORE ELEMENTS.—The Attorney General shall de22 fine a core set of data elements to be used by each database 

23 funded by this section so that the information in the data24 base can be effectively shared with other States and with 

25 the Department of Justice. 
33 

•HR 1751 RH 

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to carry out this section such 

3 sums as may be necessary for each of fiscal years 2006 

4 through 2009. 

5 SEC. 26. GRANTS FOR YOUNG WITNESS ASSISTANCE. 

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

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

8 Director of the Bureau of Justice Assistance. 

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

10 individual who is 17 years of age or younger. 

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

12 means an individual who is between the ages of 18 

13 and 21. 

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

15 of the United States, the District of Columbia, the 

16 Commonwealth of Puerto Rico, the Virgin Islands, 

17 American Samoa, Guam, and the Northern Mariana 

18 Islands. 

19 (b) PROGRAM AUTHORIZATION.—The Director may 

20 make grants to State and local prosecutors and law enforce21 ment agencies in support of juvenile and young adult wit22 ness assistance programs, including State and local pros23 ecutors and law enforcement agencies that have existing ju24 venile and adult witness assistance programs. 
34 

•HR 1751 RH 

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

2 under this section, State and local prosecutors and law en3 forcement officials shall— 

4 (1) submit an application to the Director in 

5 such form and containing such information as the 

6 Director may reasonably require; and 

7 (2) give assurances that each applicant has de8 veloped, or is in the process of developing, a witness 

9 assistance program that specifically targets the 

10 unique needs of juvenile and young adult witnesses 

11 and their families. 

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

13 this section may be used— 

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

15 adult witnesses; 

16 (2) to develop appropriate program goals and 

17 objectives; and 

18 (3) to develop and administer a variety of wit19 ness assistance services, which includes— 

20 (A) counseling services to young witnesses 

21 dealing with trauma associated in witnessing a 

22 violent crime; 

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

24 youth and their family; 
35 

•HR 1751 RH 

1 (C) providing education services if the child 

2 is removed from or changes their school for safety 

3 concerns; 

4 (D) protective services for young witnesses 

5 and their families when a serious threat of harm 

6 from the perpetrators or their associates is made; 

7 and 

8 (E) 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 this 

14 section shall submit to the Director a report not later 

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

16 available under this section. Reports shall describe 

17 progress achieved in carrying out the purpose of this 

18 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 this 

25 section. 
36 

•HR 1751 RH 

1 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to carry out this section 

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

Union Calendar No. 148 

109TH CONGRESS 

1ST SESSION H. R. 1751 

[Report No. 109–271] 

A BILL 

To amend title 18, United States Code, to protect 

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

NOVEMBER 7, 2005 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,