(5) by redesignating the second subsection (e) 
as subsection (f); and 
(6) in subsection (f) as so redesignated by para-
graph (5)—
(A) by inserting ‘‘attempts or’’ before 
‘‘conspires’’; and 
(B) by inserting ‘‘attempted or’’ before 
‘‘the commission’’. 
SEC. 8. INCLUSION OF INTIMIDATION AND RETALIATION 
AGAINST WITNESSES IN STATE PROSECU-
TIONS AS BASIS FOR FEDERAL PROSECU-
TION. 
Section 1952 of title 18, United States Code, is 
amended in subsection (b)(2), by inserting ‘‘intimidation 
of, or retaliation against, a witness, victim, juror, or in-
formant,’’ after ‘‘extortion, bribery,’’. 
SEC. 9. CLARIFICATION OF VENUE FOR RETALIATION 
AGAINST A WITNESS. 
Section 1513 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(g) A prosecution under this section may be brought 
in the district in which the official proceeding (whether 
or not pending, about to be instituted or was completed) 
was intended to be affected or was completed, or in which 
the conduct constituting the alleged offense occurred.’’.
SEC. 10. ENSURING FAIR AND EXPEDITIOUS FEDERAL COL-
LATERAL 
REVIEW 
OF 
CONVICTIONS 
FOR 
KILLING A STATE JUDGE OR OTHER PUBLIC 
SAFETY OFFICER. 
(a) LIMITS ON CASES.—Section 2254 of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘(j)(1) A court, justice, or judge shall not have juris-
diction to consider any claim relating to the judgment or 
sentence in an application described under paragraph (2), 
unless the applicant shows that the claim qualifies for con-
sideration on the grounds described in subsection (e)(2). 
Any such application that is presented to a court, justice, 
or judge other than a district court shall be transferred 
to the appropriate district court for consideration or dis-
missal in conformity with this subsection, except that a 
court of appeals panel must authorize any second or suc-
cessive application in conformity with section 2244 before 
any consideration by the district court. 
‘‘(2) This subsection applies to an application for a 
writ of habeas corpus on behalf of a person in custody 
pursuant to the judgment of a State court for a crime 
that involved the killing of a public safety officer while 
the public safety officer was engaged in the performance 
of official duties, or arising out of the public safety offi-
cer’s performance of official duties or status as a public 
safety officer. 
‘‘(3) For an application described in paragraph (2), 
the following requirements shall apply in the district court: 
‘‘(A) Any motion by either party for an evi-
dentiary hearing shall be filed and served not later 
than 90 days after the State files its answer or, if 
no timely answer is filed, the date on which such an-
swer is due. 
‘‘(B) Any motion for an evidentiary hearing 
shall be granted or denied not later than 30 days 
after the date on which the party opposing such mo-
tion files a pleading in opposition to such motion or, 
if no timely pleading in opposition is filed, the date 
on which such pleading in opposition is due. 
‘‘(C) Any evidentiary hearing shall be—
‘‘(i) convened not less than 60 days after 
the order granting such hearing; and 
‘‘(ii) completed not more than 150 days 
after the order granting such hearing. 
‘‘(D) A district court shall enter a final order, 
granting or denying the application for a writ of ha-
beas corpus, not later than 15 months after the date 
on which the State files its answer or, if no timely 
answer is filed, the date on which such answer is
due, or not later than 60 days after the case is sub-
mitted for decision, whichever is earlier. 
‘‘(E) If the district court fails to comply with 
the requirements of this paragraph, the State may 
petition the court of appeals for a writ of mandamus 
to enforce the requirements. The court of appeals 
shall grant or deny the petition for a writ of man-
damus not later than 30 days after such petition is 
filed with the court. 
‘‘(4) For an application described in paragraph (2), 
the following requirements shall apply in the court of ap-
peals: 
‘‘(A) A timely filed notice of appeal from an 
order issuing a writ of habeas corpus shall operate 
as a stay of that order pending final disposition of 
the appeal. 
‘‘(B) The court of appeals shall decide the ap-
peal from an order granting or denying a writ of ha-
beas corpus—
‘‘(i) not later than 120 days after the date 
on which the brief of the appellee is filed or, if 
no timely brief is filed, the date on which such 
brief is due; or 
‘‘(ii) if a cross-appeal is filed, not later 
than 120 days after the date on which the ap-
pellant files a brief in response to the issues 
presented by the cross-appeal or, if no timely 
brief is filed, the date on which such brief is 
due. 
‘‘(C)(i) Following a decision by a panel of the 
court of appeals under subparagraph (B), a petition 
for panel rehearing is not allowed, but rehearing by 
the court of appeals en banc may be requested. The 
court of appeals shall decide whether to grant a peti-
tion for rehearing en banc not later than 30 days 
after the date on which the petition is filed, unless 
a response is required, in which case the court shall 
decide whether to grant the petition not later than 
30 days after the date on which the response is filed 
or, if no timely response is filed, the date on which 
the response is due. 
‘‘(ii) If rehearing en banc is granted, the court 
of appeals shall make a final determination of the 
appeal not later than 120 days after the date on 
which the order granting rehearing en banc is en-
tered. 
‘‘(D) If the court of appeals fails to comply 
with the requirements of this paragraph, the State 
may petition the Supreme Court or a justice thereof 
for a writ of mandamus to enforce the requirements.
‘‘(5)(A) The time limitations under paragraphs (3) 
and (4) shall apply to an initial application described in 
paragraph (2), any second or successive application de-
scribed in paragraph (2), and any redetermination of an 
application described in paragraph (2) or related appeal 
following a remand by the court of appeals or the Supreme 
Court for further proceedings. 
‘‘(B) In proceedings following remand in the district 
court, time limits running from the time the State files 
its answer under paragraph (3) shall run from the date 
the remand is ordered if further briefing is not required 
in the district court. If there is further briefing following 
remand in the district court, such time limits shall run 
from the date on which a responsive brief is filed or, if 
no timely responsive brief is filed, the date on which such 
brief is due. 
‘‘(C) In proceedings following remand in the court of 
appeals, the time limit specified in paragraph (4)(B) shall 
run from the date the remand is ordered if further briefing 
is not required in the court of appeals. If there is further 
briefing in the court of appeals, the time limit specified 
in paragraph (4)(B) shall run from the date on which a 
responsive brief is filed or, if no timely responsive brief 
is filed, from the date on which such brief is due.
‘‘(6) The failure of a court to meet or comply with 
a time limitation under this subsection shall not be a 
ground for granting relief from a judgment of conviction 
or sentence, nor shall the time limitations under this sub-
section be construed to entitle a capital applicant to a stay 
of execution, to which the applicant would otherwise not 
be entitled, for the purpose of litigating any application 
or appeal. 
‘‘(7) In this subsection—
‘‘(A) the term ‘public safety officer’ has the 
meaning given such term in section 1123 of title 18 
and also includes a law enforcement officer; and 
‘‘(B) the term ‘law enforcement officer’ means 
an individual involved in crime and juvenile delin-
quency control or reduction, or enforcement of the 
laws, including police, prosecutors, corrections, pro-
bation, parole, and judicial officers.’’. 
(b) APPLICATION TO PENDING CASES.—
(1) IN
GENERAL.—The amendment made by 
subsection (a) applies to cases pending on the date 
of the enactment of this Act as well as to cases com-
menced on and after that date. 
(2) SPECIAL
RULE
FOR
TIME
LIMITS.—In a 
case pending on the date of the enactment of this 
Act, if the amendment made by subsection (a) pro-
vides that a time limit runs from an event or time 
that has occurred before that date, the time limit 
shall instead run from that date. 
SEC. 11. WITNESS PROTECTION GRANT PROGRAM. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by inserting after part 
BB (42 U.S.C. 3797j et seq.) the following new part: 
‘‘PART CC—WITNESS PROTECTION GRANTS 
‘‘SEC. 2811. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From amounts made available to 
carry out this part, the Attorney General may make grants 
to States, units of local government, and Indian tribes to 
create and expand witness protection programs in order 
to prevent threats, intimidation, and retaliation against 
victims of, and witnesses to, crimes. 
‘‘(b) USES OF FUNDS.—Grants awarded under this 
part shall be—
‘‘(1) distributed directly to the State, unit of 
local government, or Indian tribe; and 
‘‘(2) used for the creation and expansion of wit-
ness protection programs in the jurisdiction of the 
grantee. 
‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding 
grants under this part, the Attorney General may give
preferential consideration, if feasible, to an application 
from a jurisdiction that—
‘‘(1) has the greatest need for witness and vic-
tim protection programs; 
‘‘(2) has a serious violent crime problem in the 
jurisdiction; and 
‘‘(3) has had, or is likely to have, instances of 
threats, intimidation, and retaliation against victims 
of, and witnesses to, crimes. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$20,000,000 for each of fiscal years 2006 through 2010.’’. 
SEC. 12. GRANTS TO STATES TO PROTECT WITNESSES AND 
VICTIMS OF CRIMES. 
(a) IN GENERAL.—Section 31702 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 
U.S.C. 13862) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) to create and expand witness and victim 
protection programs to prevent threats, intimidation,
and retaliation against victims of, and witnesses to, 
violent crimes.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
31707 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13867) is amended to read as 
follows: 
‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There 
are 
authorized 
to 
be 
appropriated 
$20,000,000 for each of the fiscal years 2006 through 
2010 to carry out this subtitle.’’. 
SEC. 13. JUDICIAL BRANCH SECURITY REQUIREMENTS. 
(a) ENSURING CONSULTATION AND COORDINATION 
WITH THE ADMINISTRATIVE OFFICE OF THE UNITED 
STATES COURTS.—Section 566 of title 28, United States 
Code, is amended by adding at the end the following: 
‘‘(i) The United States Marshals Service shall consult 
and coordinate with the Administrative Office of the 
United States Courts on a continuing basis regarding the 
security requirements for the Judicial Branch.’’. 
(b) CONFORMING AMENDMENT.—Section 604(a) of 
title 28, United States Code, is amended—
(1) by redesignating existing paragraph (24) as 
paragraph (25); 
(2) by striking ‘‘and’’ at the end of paragraph 
(23); and