II 

110TH CONGRESS 

1ST SESSION S. 378 

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

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

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2007 

Mr. LEAHY (for himself, Mr. SPECTER, Mr. REID, Mr. DURBIN, Mr. CORNYN, 

Mr. KENNEDY, Ms. COLLINS, Mr. HATCH, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

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

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

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 ‘‘Court Security Im5 provement Act of 2007’’. 


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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 

8 Service shall consult with the Judicial Conference of the 

9 United States on a continuing basis regarding the security 

10 requirements for the judicial branch of the United States 

11 Government, to ensure that the views of the Judicial Con12 ference regarding the security requirements for the judi13 cial branch of the Federal Government are taken into ac14 count when determining staffing levels, setting priorities 

15 for programs regarding judicial security, and allocating ju16 dicial security resources. In this paragraph, the term ‘judi17 cial security’ includes the security of buildings housing the 

18 judiciary, the personal security of judicial officers, the as19 sessment of threats made to judicial officers, and the pro20 tection of all other judicial personnel. The United States 

21 Marshals Service retains final authority regarding security 

22 requirements for the judicial branch of the Federal Gov23 ernment.’’. 


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

2 28, United States Code, is amended by adding at the end 

3 the following: 

4 ‘‘The Judicial Conference shall consult with the Di5 rector of United States Marshals Service on a continuing 

6 basis regarding the security requirements for the judicial 

7 branch of the United States Government, to ensure that 

8 the views of the Judicial Conference regarding the security 

9 requirements for the judicial branch of the Federal Gov10 ernment are taken into account when determining staffing 

11 levels, setting priorities for programs regarding judicial se12 curity, and allocating judicial security resources. In this 

13 paragraph, the term ‘judicial security’ includes the secu14 rity of buildings housing the judiciary, the personal secu15 rity of judicial officers, the assessment of threats made 

16 to judicial officers, and the protection of all other judicial 

17 personnel. The United States Marshals Service retains 

18 final authority regarding security requirements for the ju19 dicial branch of the Federal Government.’’. 

20 SEC. 102. PROTECTION OF FAMILY MEMBERS. 

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

22 of 1978 (5 U.S.C. App.) is amended— 

23 (1) in subparagraph (A), by inserting ‘‘or a 

24 family member of that individual’’ after ‘‘that indi25 vidual’’; and 


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

2 family member of that individual’’ after ‘‘the re3 port’’. 

4 SEC. 103. FINANCIAL DISCLOSURE REPORTS. 

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

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

7 is amended by striking ‘‘2005’’ each place that term ap8 pears and inserting ‘‘2009’’. 

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

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

11 is amended— 

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

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

14 end and inserting a semicolon; and 

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

16 ‘‘(iv) the nature or type of information re17 dacted; 

18 ‘‘(v) what steps or procedures are in place to 

19 ensure that sufficient information is available to liti20 gants to determine if there is a conflict of interest; 

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

22 redaction authority; and 

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

24 to redaction.’’. 


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

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

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

4 International Trade’’ and inserting ‘‘, the Court of Inter5 national Trade, and any other court, as provided by law’’. 

6 (b) INTERNAL REVENUE CODE.—Section 7456(c) of 

7 the Internal Revenue Code of 1986 (relating to incidental 

8 powers of the Tax Court) is amended in the matter fol9 lowing paragraph (3), by striking the period at the end, 

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

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

12 Court judges, court officers, witnesses, and other threat13 ened person in the interests of justice, where criminal in14 timidation impedes on the functioning of the judicial proc15 ess or any other official proceeding.’’. 

16 SEC. 105. ADDITIONAL AMOUNTS FOR UNITED STATES MAR17 SHALS SERVICE TO PROTECT THE JUDICI18 ARY. 

19 In addition to any other amounts authorized to be 

20 appropriated for the United States Marshals Service, 

21 there are authorized to be appropriated for the United 

22 States Marshals Service to protect the judiciary, 

23 $20,000,000 for each of fiscal years 2007 through 2011 

24 for— 

25 (1) hiring entry-level deputy marshals for pro26 viding judicial security; 


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1 (2) hiring senior-level deputy marshals for in2 vestigating threats to the judiciary and providing 

3 protective details to members of the judiciary and 

4 assistant United States attorneys; and 

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

6 hiring senior-level deputy marshals, hiring program 

7 analysts, and providing secure computer systems. 

8 TITLE II—CRIMINAL LAW EN9 HANCEMENTS TO PROTECT 

10 JUDGES, FAMILY MEMBERS, 

11 AND WITNESSES 

12 SEC. 201. PROTECTIONS AGAINST MALICIOUS RECORDING 

13 OF FICTITIOUS LIENS AGAINST FEDERAL 

14 JUDGES AND FEDERAL LAW ENFORCEMENT 

15 OFFICERS. 

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

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

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

19 FEDERAL LAW ENFORCEMENT OFFICER BY 

20 FALSE CLAIM OR SLANDER OF TITLE. 

21 ‘‘Whoever files, attempts to file, or conspires to file, 

22 in any public record or in any private record which is gen23 erally available to the public, any false lien or encum24 brance against the real or personal property of an indi25 vidual described in section 1114, on account of the perVerDate Aug 31 2005 19:37 Jan 29, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S378.IS S378

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1 formance of official duties by that individual, knowing or 

2 having reason to know that such lien or encumbrance is 

3 false or contains any materially false, fictitious, or fraudu4 lent statement or representation, shall be fined under this 

5 title or imprisoned for not more than 10 years, or both.’’. 

6 (b) CLERICAL AMENDMENT.—The chapter analysis 

7 for chapter 73 of title 18, United States Code, is amended 

8 by adding at the end the following new item: 

‘‘1521. Retaliating against a Federal judge or Federal law enforcement officer 

by false claim or slander of title.’’. 

9 SEC. 202. PROTECTION OF INDIVIDUALS PERFORMING CER10 TAIN OFFICIAL DUTIES. 

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

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

13 ‘‘§ 118. Protection of individuals performing certain 

14 official duties 

15 ‘‘(a) IN GENERAL.—Whoever knowingly makes re16 stricted personal information about a covered official, or 

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

18 publicly available— 

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

20 incite the commission of a crime of violence against 

21 that covered official, or a member of the immediate 

22 family of that covered official; or 

23 ‘‘(2) with the intent and knowledge that the re24 stricted personal information will be used to threatVerDate Aug 31 2005 19:37 Jan 29, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S378.IS S378

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1 en, intimidate, or facilitate the commission of a 

2 crime of violence against that covered official, or a 

3 member of the immediate family of that covered offi4 cial, 

5 shall be fined under this title, imprisoned not more than 

6 5 years, or both. 

7 ‘‘(b) DEFINITIONS.—In this section— 

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

9 means, with respect to an individual, the Social Se10 curity number, the home address, home phone num11 ber, mobile phone number, personal email, or home 

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

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

14 ‘‘(A) an individual designated in section 

15 1114; or 

16 ‘‘(B) a grand or petit juror, witness, or 

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

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

19 examination or other proceeding before any 

20 United States magistrate judge or other com21 mitting magistrate; 

22 ‘‘(3) the term ‘crime of violence’ has the mean23 ing given the term in section 16; and 

24 ‘‘(4) the term ‘immediate family’ has the mean25 ing given the term in section 115(c)(2).’’. 


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

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

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

4 item: 

‘‘118. Protection of individuals performing certain official duties.’’. 

5 SEC. 203. PROHIBITION OF POSSESSION OF DANGEROUS 

6 WEAPONS IN FEDERAL COURT FACILITIES. 

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

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

9 ‘‘firearm’’. 

10 SEC. 204. CLARIFICATION OF VENUE FOR RETALIATION 

11 AGAINST A WITNESS. 

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

13 amended by adding at the end the following: 

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

15 in the district in which the official proceeding (whether 

16 pending, about to be instituted, or completed) was in17 tended to be affected, or in which the conduct constituting 

18 the alleged offense occurred.’’. 

19 SEC. 205. 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) so that subparagraph (A) of subsection 

24 (a)(3) reads as follows: 


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

2 provided in sections 1111 and 1112;’’; 

3 (2) in subsection (a)(3)— 

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

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

6 inserting ‘‘30 years’’; and 

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

8 years’’ and inserting ‘‘20 years’’; 

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

10 and inserting ‘‘20 years’’; and 

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

12 and inserting ‘‘3 years’’. 

13 SEC. 206. MODIFICATION OF RETALIATION OFFENSE. 

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

15 amended— 

16 (1) in subsection (a)(1)(B)— 

17 (A) by inserting a comma after ‘‘proba18 tion’’; and 

19 (B) by striking the comma which imme20 diately follows another comma; 

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

22 years’’ and inserting ‘‘30 years’’; 

23 (3) in subsection (b)— 

24 (A) in paragraph (2)— 


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1 (i) by inserting a comma after ‘‘proba2 tion’’; and 

3 (ii) by striking the comma which im4 mediately follows another comma; and 

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

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

7 years’’; and 

8 (4) by redesignating the second subsection (e) 

9 as subsection (f). 

10 SEC. 207. GENERAL MODIFICATIONS OF FEDERAL MURDER 

11 CRIME AND RELATED CRIMES. 

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

13 amended— 

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

15 years’’; and 

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

17 years’’. 

18 TITLE III—PROTECTING STATE 

19 AND LOCAL JUDGES AND RE20 LATED GRANT PROGRAMS 

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

22 VICTIMS OF CRIMES. 

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

24 Crime Control and Law Enforcement Act of 1994 (42 

25 U.S.C. 13862) is amended— 


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

2 end; 

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

4 inserting ‘‘; and’’; and 

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

6 ‘‘(5) by a State, unit of local government, or In7 dian tribe to create and expand witness and victim 

8 protection programs to prevent threats, intimidation, 

9 and retaliation against victims of, and witnesses to, 

10 violent crimes.’’. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 31707 of the Violent Crime Control and Law Enforcement 

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

14 follows: 

15 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated 

17 $20,000,000 for each of the fiscal years 2007 through 

18 2011 to carry out this subtitle.’’. 

19 SEC. 302. ELIGIBILITY OF STATE COURTS FOR CERTAIN 

20 FEDERAL GRANTS. 

21 (a) CORRECTIONAL OPTIONS GRANTS.—Section 515 

22 of the Omnibus Crime Control and Safe Streets Act of 

23 1968 (42 U.S.C. 3762a) is amended— 

24 (1) in subsection (a)— 


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

2 the end; 

3 (B) in paragraph (3), by striking the pe4 riod and inserting ‘‘; and’’; and 

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

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

7 for State and local court systems.’’; and 

8 (2) in subsection (b), by inserting after the pe9 riod the following: 

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

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

12 need to provide security in order to administer justice.’’. 

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

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

15 3762b) is amended by— 

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

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

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

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

20 (c) STATE AND LOCAL GOVERNMENTS TO CONSIDER

21 COURTS.—The Attorney General may require, as appro22 priate, that whenever a State or unit of local government 

23 or Indian tribe applies for a grant from the Department 

24 of Justice, the State, unit, or tribe demonstrate that, in 


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1 developing the application and distributing funds, the 

2 State, unit, or tribe— 

3 (1) considered the needs of the judicial branch 

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

5 (2) consulted with the chief judicial officer of 

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

7 case may be; and 

8 (3) consulted with the chief law enforcement of9 ficer of the law enforcement agency responsible for 

10 the security needs of the judicial branch of the 

11 State, unit, or tribe, as the case may be. 

12 (d) ARMOR VESTS.—Section 2501 of title I of the 

13 Omnibus Crime Control and Safe Streets Act of 1968 (42 

14 U.S.C. 3796ll) is amended— 

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

16 and local court officers’’ after ‘‘tribal law enforce17 ment officers’’; and 

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

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

20 TITLE IV—LAW ENFORCEMENT 

21 OFFICERS 

22 SEC. 401. REPORT ON SECURITY OF FEDERAL PROSECU23 TORS. 

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

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


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1 submit to the Committee on the Judiciary of the Senate 

2 and the Committee on the Judiciary of the House of Rep3 resentatives a report on the security of assistant United 

4 States attorneys and other Federal attorneys arising from 

5 the prosecution of terrorists, violent criminal gangs, drug 

6 traffickers, gun traffickers, white supremacists, those who 

7 commit fraud and other white-collar offenses, and other 

8 criminal cases. 

9 (b) CONTENTS.—The report submitted under sub10 section (a) shall describe each of the following: 

11 (1) The number and nature of threats and as12 saults against attorneys handling prosecutions de13 scribed in subsection (a) and the reporting require14 ments and methods. 

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

16 protect the attorneys who are handling prosecutions 

17 described in subsection (a), including threat assess18 ments, response procedures, availability of security 

19 systems and other devices, firearms licensing (depu20 tations), and other measures designed to protect the 

21 attorneys and their families. 

22 (3) The firearms deputation policies of the De23 partment of Justice, including the number of attor24 neys deputized and the time between receipt of 


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1 threat and completion of the deputation and training 

2 process. 

3 (4) For each requirement, measure, or policy 

4 described in paragraphs (1) through (3), when the 

5 requirement, measure, or policy was developed and 

6 who was responsible for developing and imple7 menting the requirement, measure, or policy. 

8 (5) The programs that are made available to 

9 the attorneys for personal security training, includ10 ing training relating to limitations on public infor11 mation disclosure, basic home security, firearms 

12 handling and safety, family safety, mail handling, 

13 counter-surveillance, and self-defense tactics. 

14 (6) The measures that are taken to provide at15 torneys handling prosecutions described in sub16 section (a) with secure parking facilities, and how 

17 priorities for such facilities are established— 

18 (A) among Federal employees within the 

19 facility; 

20 (B) among Department of Justice employ21 ees within the facility; and 

22 (C) among attorneys within the facility. 

23 (7) The frequency attorneys handling prosecu24 tions described in subsection (a) are called upon to 

25 work beyond standard work hours and the security 


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1 measures provided to protect attorneys at such times 

2 during travel between office and available parking 

3 facilities. 

4 (8) With respect to attorneys who are licensed 

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

6 Department of Justice as to— 

7 (A) carrying the firearm between available 

8 parking and office buildings; 

9 (B) securing the weapon at the office 

10 buildings; and 

11 (C) equipment and training provided to fa12 cilitate safe storage at Department of Justice 

13 facilities. 

14 (9) The offices in the Department of Justice 

15 that are responsible for ensuring the security of at16 torneys handling prosecutions described in sub17 section (a), the organization and staffing of the of18 fices, and the manner in which the offices coordinate 

19 with offices in specific districts. 

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

21 Marshals Service or any other Department of Jus22 tice component plays in protecting, or providing se23 curity services or training for, attorneys handling 

24 prosecutions described in subsection (a). 


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1 TITLE V—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 501. EXPANDED PROCUREMENT AUTHORITY FOR THE 

4 UNITED STATES SENTENCING COMMISSION. 

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

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘(f) The Commission may— 

9 ‘‘(1) use available funds to enter into contracts 

10 for the acquisition of severable services for a period 

11 that begins in 1 fiscal year and ends in the next fis12 cal year, to the same extent as executive agencies 

13 may enter into such contracts under the authority of 

14 section 303L of the Federal Property and Adminis15 trative Services Act of 1949 (41 U.S.C. 253l); 

16 ‘‘(2) enter into multi-year contracts for the ac17 quisition of property or services to the same extent 

18 as executive agencies may enter into such contracts 

19 under the authority of section 304B of the Federal 

20 Property and Administrative Services Act of 1949 

21 (41 U.S.C. 254c); and 

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

23 payments under contracts for property or services to 

24 the same extent as executive agencies may make 

25 such payments under the authority of section 305 of 


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1 the Federal Property and Administrative Services 

2 Act of 1949 (41 U.S.C. 255).’’. 

3 (b) SUNSET.—The amendment made by subsection 

4 (a) shall cease to have force and effect on September 30, 

5 2010. 

6 SEC. 502. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL 

7 JUDGES LIFE INSURANCE. 

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

9 United States Code, is amended by inserting after ‘‘hold 

10 office during good behavior,’’ the following: ‘‘bankruptcy 

11 judges appointed under section 152 of this title, mag12 istrate judges appointed under section 631 of this title, 

13 and territorial district court judges appointed under sec14 tion 24 of the Organic Act of Guam (48 U.S.C. 1424b), 

15 section 1(b) of the Act of November 8, 1877 (48 U.S.C. 

16 1821), or section 24(a) of the Revised Organic Act of the 

17 Virgin Islands (48 U.S.C. 1614(a)),’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall apply with respect to any payment 

20 made on or after the first day of the first applicable pay 

21 period beginning on or after the date of enactment of this 

22 Act. 

23 SEC. 503. ASSIGNMENT OF JUDGES. 

24 Section 296 of title 28, United States Code, is 

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1 nated paragraph the following new sentence: ‘‘However, 

2 a judge who has retired from regular active service under 

3 section 371(b) of this title, when designated and assigned 

4 to the court to which such judge was appointed, shall have 

5 all the powers of a judge of that court, including participa6 tion in appointment of court officers and magistrates, 

7 rulemaking, governance, and administrative matters.’’. 

8 SEC. 504. SENIOR JUDGE PARTICIPATION IN THE SELEC9 TION OF MAGISTRATES. 

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

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

12 place it appears and inserting ‘‘Northern Mariana Islands 

13 (including any judge in regular active service and any 

14 judge who has retired from regular active service under 

15 section 371(b) of this title, when designated and assigned 

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

17 SEC. 505. REAUTHORIZATION OF THE ETHICS IN GOVERN18 MENT ACT. 

19 Section 405 of the Ethics in Government Act of 1978 

20 (5 U.S.C. App.) is amended by striking ‘‘2006’’ and in21 serting ‘‘2011’’. 

Æ 


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