109TH CONGRESS 
1ST SESSION 
H. R. 1751
AN ACT 
To amend title 18, United States Code, to protect 
judges, prosecutors, witnesses, victims, and their 
family members, and for other purposes.
109TH CONGRESS 
1ST SESSION H. R. 1751
AN ACT 
To amend title 18, United States Code, to protect judges, 
prosecutors, witnesses, victims, and their family mem-
bers, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure Access to Jus-
tice and Court Protection Act of 2005’’. 
SEC. 2. PENALTIES FOR INFLUENCING, IMPEDING, OR RE-
TALIATING AGAINST JUDGES AND OTHER OF-
FICIALS BY THREATENING OR INJURING A 
FAMILY MEMBER. 
Section 115 of title 18, United States Code, is 
amended—
(1) in each of subparagraphs (A) and (B) of 
subsection (a)(1), by inserting ‘‘federally funded 
public safety officer (as defined for the purposes of 
section 1123)’’ after ‘‘Federal law enforcement offi-
cer,’’; 
(2) so that subsection (b) reads as follows: 
‘‘(b)(1) Except as provided in paragraph (2), the 
punishment for an offense under this section is as follows: 
‘‘(A) The punishment for an assault in violation 
of this section is the same as that provided for a like 
offense under section 111. 
‘‘(B) The punishment for a kidnapping, at-
tempted kidnapping, or conspiracy to kidnap in vio-
lation of this section is the same as provided for a 
like violation in section 1201. 
‘‘(C) The punishment for a murder, attempted 
murder, or conspiracy to murder in violation of this
section is the same as provided for a like offense 
under section 1111, 1113, and 1117. 
‘‘(D) A threat made in violation of this section 
shall be punished by a fine under this title or impris-
onment for not more than 10 years, or both. 
‘‘(2) If the victim of the offense under this section 
is an immediate family member of a United States judge, 
a Federal law enforcement officer (as defined for the pur-
poses of section 1114) or of a federally funded public safe-
ty officer (as defined for the purposes of section 1123), 
in lieu of the punishments otherwise provided by para-
graph (1), the punishments shall be as follows: 
‘‘(A) The punishment for an assault in violation 
of this section is as follows: 
‘‘(i) If the assault is a simple assault, a 
fine under this title or a term of imprisonment 
for not more than one year, or both. 
‘‘(ii) If the assault resulted in bodily injury 
(as defined in section 1365), a fine under this 
title and a term of imprisonment for not less 
than one year nor more than 10 years. 
‘‘(iii) If the assault resulted in substantial 
bodily injury (as defined in section 113), a fine 
under this title and a term of imprisonment for 
not less than 3 years nor more than 12 years.
‘‘(iv) If the assault resulted in serious bod-
ily injury (as defined in section 2119), a fine 
under this title and a term of imprisonment for 
not less than 10 years nor more than 30 years. 
‘‘(B) The punishment for a kidnapping, at-
tempted kidnapping, or conspiracy to kidnap in vio-
lation of this section is a fine under this title and 
imprisonment for any term of years not less than 
30, or for life. 
‘‘(C) The punishment for a murder, attempted 
murder, or conspiracy to murder in violation of this 
section is a fine under this title and imprisonment 
for any term of years not less than 30, or for life, 
or, if death results and the offender is prosecuted as 
a principal, the offender may be sentenced to death. 
‘‘(D) A threat made in violation of this section 
shall be punished by a fine under this title and im-
prisonment for not less than one year nor more than 
10 years. 
‘‘(E) If a dangerous weapon was used during 
and in relation to the offense, the punishment shall 
include a term of imprisonment of 5 years in addi-
tion to that otherwise imposed under this para-
graph.’’.
SEC. 3. PENALTIES FOR CERTAIN ASSAULTS. 
(a) INCLUSION
OF FEDERALLY FUNDED PUBLIC 
SAFETY OFFICERS.—Section 111(a) of title 18, United 
States Code, is amended—
(1) in paragraph (1), by inserting ‘‘or a feder-
ally funded public safety officer (as defined in sec-
tion 1123)’’ after ‘‘1114 of this title’’; and 
(2) in paragraph (2), by inserting ‘‘or a feder-
ally funded public safety officer (as defined in sec-
tion 1123)’’ after ‘‘1114’’. 
(b) ALTERNATE PENALTY WHERE VICTIM IS
A 
UNITED STATES JUDGE, A FEDERAL LAW ENFORCE-
MENT OFFICER, OR FEDERALLY FUNDED PUBLIC SAFE-
TY OFFICER.—Section 111 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘(c) ALTERNATE PENALTY WHERE VICTIM IS
A 
UNITED STATES JUDGE, A FEDERAL LAW ENFORCE-
MENT OFFICER, OR FEDERALLY FUNDED PUBLIC SAFE-
TY OFFICER.—(1) Except as provided in paragraph (2), 
if the offense is an assault and the victim of the offense 
under this section is a United States judge, a Federal law 
enforcement officer (as defined for the purposes of section 
1114) or of a federally funded public safety officer (as de-
fined for the purposes of section 1123), in lieu of the pen-
alties otherwise set forth in this section, the offender shall 
be subject to a fine under this title and—
‘‘(A) If the assault is a simple assault, a fine 
under this title or a term of imprisonment for not 
more than one year, or both. 
‘‘(B) if the assault resulted in bodily injury (as 
defined in section 1365), shall be imprisoned not less 
than one nor more than 10 years; 
‘‘(C) if the assault resulted in substantial bodily 
injury (as defined in section 113), shall be impris-
oned not less than 3 nor more than 12 years; and 
‘‘(D) if the assault resulted in serious bodily in-
jury (as defined in section 2119), shall be impris-
oned not less than 10 nor more than 30 years. 
‘‘(2) If a dangerous weapon was used during and in 
relation to the offense, the punishment shall include a 
term of imprisonment of 5 years in addition to that other-
wise imposed under this subsection.’’. 
SEC. 4. PROTECTION OF FEDERALLY FUNDED PUBLIC 
SAFETY OFFICERS. 
(a) OFFENSE.—Chapter 51 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1123. Killing of federally funded public safety offi-
cers 
‘‘(a) Whoever kills, or attempts or conspires to kill, 
a federally funded public safety officer while that officer 
is engaged in official duties, or arising out of the perform-
ance of official duties, or kills a former federally funded 
public safety officer arising out of the performance of offi-
cial duties, shall be punished by a fine under this title and 
imprisonment for any term of years not less than 30, or 
for life, or, if death results and the offender is prosecuted 
as a principal, may be sentenced to death. 
‘‘(b) As used in this section—
‘‘(1) the term ‘federally funded public safety of-
ficer’ means a public safety officer for a public agen-
cy (including a court system, the National Guard of 
a State to the extent the personnel of that National 
Guard are not in Federal service, and the defense 
forces of a State authorized by section 109 of title 
32) that receives Federal financial assistance, of an 
entity that is a State of the United States, the Dis-
trict of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands of the United States, Guam, 
American Samoa, the Trust Territory of the Pacific 
Islands, the Commonwealth of the Northern Mar-
iana Islands, or any territory or possession of the 
United States, an Indian tribe, or a unit of local 
government of that entity; 
‘‘(2) the term ‘public safety officer’ means an 
individual serving a public agency in an official ca-
pacity, as a judicial officer, as a law enforcement of-
ficer, as a firefighter, as a chaplain, or as a member 
of a rescue squad or ambulance crew; 
‘‘(3) the term ‘judicial officer’ means a judge or 
other officer or employee of a court, including pros-
ecutors, court security, pretrial services officers, 
court reporters, and corrections, probation, and pa-
role officers; and 
‘‘(4) the term ‘firefighter’ includes an individual 
serving as an official recognized or designated mem-
ber of a legally organized volunteer fire department 
and an officially recognized or designated public em-
ployee member of a rescue squad or ambulance crew; 
and 
‘‘(5) the term ‘law enforcement officer’ means 
an individual involved in crime and juvenile delin-
quency control or reduction, or enforcement of the 
laws.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 51 of title 18, United States 
Code, is amended by adding at the end the following new 
item:
‘‘1123. Killing of federally funded public safety officers.’’.
SEC. 5. GENERAL MODIFICATIONS OF FEDERAL MURDER 
CRIME AND RELATED CRIMES. 
(a) MURDER AMENDMENTS.—Section 1111 of title 
18, United States Code, is amended in subsection (b), by 
inserting ‘‘not less than 30’’ after ‘‘any term of years’’. 
(b) 
MANSLAUGHTER
AMENDMENTS.—Section 
1112(b) of title 18, United States Code, is amended—
(1) by striking ‘‘ten years’’ and inserting ‘‘20 
years’’; and 
(2) by striking ‘‘six years’’ and inserting ‘‘10 
years’’. 
SEC. 6. MODIFICATION OF DEFINITION OF OFFENSE AND 
OF THE PENALTIES FOR, INFLUENCING OR 
INJURING OFFICER OR JUROR GENERALLY. 
Section 1503 of title 18, United States Code, is 
amended—
(1) so that subsection (a) reads as follows: 
‘‘(a)(1) Whoever—
‘‘(A) corruptly, or by threats of force or force, 
endeavors to influence, intimidate, or impede a juror 
or officer in a judicial proceeding in the discharge of 
that juror or officer’s duty; 
‘‘(B) injures a juror or an officer in a judicial 
proceeding arising out of the performance of official 
duties as such juror or officer; or
‘‘(C) corruptly, or by threats of force or force, 
obstructs, or impedes, or endeavors to influence, ob-
struct, or impede, the due administration of justice; 
or attempts or conspires to do so, shall be punished as 
provided in subsection (b). 
‘‘(2) As used in this section, the term ‘juror or officer 
in a judicial proceeding’ means a grand or petit juror, or 
other officer in or of any court of the United States, or 
an officer who may be serving at any examination or other 
proceeding before any United States magistrate judge or 
other committing magistrate.’’; and 
(2) in subsection (b), by striking paragraphs 
(1) through (3) and inserting the following: 
‘‘(1) in the case of a killing, or an attempt or 
a conspiracy to kill, the punishment provided in sec-
tion 1111, 1112, 1113, and 1117; and 
‘‘(2) in any other case, a fine under this title 
and imprisonment for not more than 30 years.’’. 
SEC. 7. MODIFICATION OF TAMPERING WITH A WITNESS, 
VICTIM, OR AN INFORMANT OFFENSE. 
(a) CHANGES IN PENALTIES.—Section 1512 of title 
18, United States Code, is amended—
(1) in each of paragraphs (1) and (2) of sub-
section (a), insert ‘‘or conspires’’ after ‘‘attempts’’;
(2) so that subparagraph (A) of subsection 
(a)(3) reads as follows: 
‘‘(A) in the case of a killing, the punishment 
provided in sections 1111 and 1112;’’; 
(3) in subsection (a)(3)—
(A) in the matter following clause (ii) of 
subparagraph (B) by striking ‘‘20 years’’ and 
inserting ‘‘30 years’’ ; and 
(B) in subparagraph (C), by striking ‘‘10 
years’’ and inserting ‘‘20 years’’; 
(4) in subsection (b), by striking ‘‘ten years’’ 
and inserting ‘‘30 years’’; and 
(5) in subsection (d), by striking ‘‘one year’’ 
and inserting ‘‘20 years’’. 
SEC. 8. MODIFICATION OF RETALIATION OFFENSE. 
Section 1513 of title 18, United States Code, is 
amended—
(1) in subsection (a)(1), by inserting ‘‘or con-
spires’’ after ‘‘attempts’’; 
(2) in subsection (a)(1)(B)—
(A) by inserting a comma after ‘‘proba-
tion’’; and 
(B) by striking the comma which imme-
diately follows another comma;
(3) in subsection (a)(2)(B), by striking ‘‘20 
years’’ and inserting ‘‘30 years’’; 
(4) in subsection (b), by striking ‘‘ten years’’ 
and inserting ‘‘30 years’’; 
(5) in the first subsection (e), by striking ‘‘10 
years’’ and inserting ‘‘30 years’’; and 
(6) by redesignating the second subsection (e) 
as subsection (f). 
SEC. 9. 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. 10. 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 completed) was 
intended to be affected or was completed, or in which the 
conduct constituting the alleged offense occurred.’’.
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; 
‘‘(3) has had, or is likely to have, instances of 
threats, intimidation, and retaliation against victims 
of, and witnesses to, crimes; and 
‘‘(4) shares an international border and faces a 
demonstrable threat from cross border crime and vi-
olence. 
‘‘(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 ‘‘; and’’ ; 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 
with the Administrative Office of the United States Courts 
on a continuing basis regarding the security requirements 
for the Judicial Branch, and inform the Administrative 
Office of the measures the Marshals Service intends to 
take to meet those requirements.’’. 
(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
(3) by inserting after paragraph (23) the fol-
lowing: 
‘‘(24) Consult with the United States Marshals 
Service on a continuing basis regarding the security 
requirements for the Judicial Branch; and’’. 
SEC. 14. PROTECTIONS AGAINST MALICIOUS RECORDING 
OF FICTITIOUS LIENS AGAINST A FEDERAL 
EMPLOYEE. 
(a) OFFENSE.—Chapter 73 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1521. Retaliating against a Federal employee by 
false claim or slander of title 
‘‘Whoever, with the intent to harass a person des-
ignated in section 1114 on account of the performance of 
official duties, files, in any public record or in any private 
record which is generally available to the public, any false 
lien or encumbrance against the real or personal property 
of that person, or attempts or conspires to do so, shall 
be fined under this title or imprisoned not more than 10 
years, or both.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 73 of title 18, United States 
Code, is amended by adding at the end the following new 
item:
‘‘1521. Retaliating against a Federal employee by false claim or slander of 
title.’’.
SEC. 15. PROHIBITION OF POSSESSION OF DANGEROUS 
WEAPONS IN FEDERAL COURT FACILITIES. 
Section 930(e) of title 18, United States Code, is 
amended by inserting ‘‘or other dangerous weapon’’ after 
‘‘firearm’’. 
SEC. 16. REPEAL OF SUNSET PROVISION. 
Section 105(b)(3) of the Ethics in Government Act 
of 1978 (5 U.S.C. App.) is amended by striking subpara-
graph (E). 
SEC. 17. PROTECTION OF INDIVIDUALS PERFORMING CER-
TAIN FEDERAL AND OTHER FUNCTIONS. 
(a) OFFENSE.—Chapter 7 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 117. Protection of individuals performing certain 
Federal and federally assisted functions 
‘‘(a) Whoever knowingly, and with intent to harm, in-
timidate, or retaliate against a covered official makes re-
stricted personal information about that covered official 
publicly available through the Internet shall be fined under 
this title and imprisoned not more than 5 years, or both. 
‘‘(b) It is a defense to a prosecution under this sec-
tion that the defendant is a provider of Internet services 
and did not knowingly participate in the offense. 
‘‘(c) As used in this section—
‘‘(1) the term ‘restricted personal information’ 
means, with respect to an individual, the Social Se-
curity number, the home address, home phone num-
ber, mobile phone number, personal email, or home 
fax number of, and identifiable to, that individual; 
and 
‘‘(2) the term ‘covered official’ means—
‘‘(A) an individual designated in section 
1114; 
‘‘(B) a public safety officer (as that term 
is defined in section 1204 of the Omnibus 
Crime Control and Safe Streets Act of 1968); 
or 
‘‘(C) a grand or petit juror, witness, or 
other officer in or of, any court of the United 
States, or an officer who may be serving at any 
examination or other proceeding before any 
United States magistrate judge or other com-
mitting magistrate.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 7 of title 18, United States 
Code, is amended by adding at the end the following new 
item:
‘‘117. Protection of individuals performing certain Federal and federally as-
sisted functions.’’.
SEC. 18. ELIGIBILITY OF COURTS TO APPLY DIRECTLY FOR 
LAW 
ENFORCEMENT 
DISCRETIONARY 
GRANTS AND REQUIREMENT THAT STATE 
AND 
LOCAL 
GOVERNMENTS 
CONSIDER 
COURTS 
WHEN 
APPLYING 
FOR 
GRANT 
FUNDS. 
(a) COURTS TREATED AS UNITS OF LOCAL GOVERN-
MENTS FOR PURPOSES OF DISCRETIONARY GRANTS.—
Section 901 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3791) is amended in sub-
section (a)(3)—
(1) by redesignating subparagraphs (C) and 
(D) as subparagraphs (D) and (E), respectively; and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) the judicial branch of a State or of a 
unit of local government within the State or of 
an Indian tribe, for purposes of discretionary 
grants;’’. 
(b) STATE AND LOCAL GOVERNMENTS TO CONSIDER 
COURTS.—The Attorney General shall ensure that when-
ever a State or unit of local government or Indian tribe 
applies for a grant from the Department of Justice, the 
State, unit, or tribe demonstrate that, in developing the 
application and distributing funds, the State, unit, or 
tribe—
(1) considered the needs of the judicial branch 
of the State, unit, or tribe, as the case may be; and 
(2) consulted with the chief judicial officer of 
the highest court of the State, unit, or tribe, as the 
case may be. 
SEC. 19. REPORT ON SECURITY OF FEDERAL PROSECU-
TORS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Attorney General shall submit to 
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of the 
Senate a report on the security of assistant United States 
attorneys and other Federal attorneys arising from the 
prosecution of terrorists, violent criminal gangs, drug traf-
fickers, gun traffickers, white supremacists, and those who 
commit fraud and other white-collar offenses. The report 
shall describe each of the following: 
(1) The number and nature of threats and as-
saults against attorneys handling those prosecutions 
and the reporting requirements and methods. 
(2) The security measures that are in place to 
protect the attorneys who are handling those pros-
ecutions, including measures such as threat assess-
ments, response procedures, availability of security 
systems and other devices, firearms licensing (depu-
tations), and other measures designed to protect the 
attorneys and their families. 
(3) The Department of Justice’s firearms depu-
tation policies, including the number of attorneys 
deputized and the time between receipt of threat and 
completion of the deputation and training process. 
(4) For each measure covered by paragraphs 
(1) through (3), when the report or measure was de-
veloped and who was responsible for developing and 
implementing the report or measure. 
(5) The programs that are made available to 
the attorneys for personal security training, includ-
ing training relating to limitations on public infor-
mation disclosure, basic home security, firearms 
handling and safety, family safety, mail handling, 
counter-surveillance, and self-defense tactics. 
(6) The measures that are taken to provide the 
attorneys with secure parking facilities, and how pri-
orities for such facilities are established—
(A) among Federal employees within the 
facility; 
(B) among Department of Justice employ-
ees within the facility; and 
(C) among attorneys within the facility.
(7) The frequency such attorneys are called 
upon to work beyond standard work hours and the 
security measures provided to protect attorneys at 
such times during travel between office and available 
parking facilities. 
(8) With respect to attorneys who are licensed 
under State laws to carry firearms, the Department 
of Justice’s policy as to—
(A) carrying the firearm between available 
parking and office buildings; 
(B) securing the weapon at the office 
buildings; and 
(C) equipment and training provided to fa-
cilitate safe storage at Department of Justice 
facilities. 
(9) The offices in the Department of Justice 
that are responsible for ensuring the security of the 
attorneys, the organization and staffing of the of-
fices, and the manner in which the offices coordinate 
with offices in specific districts. 
(10) The role, if any, that the United States 
Marshals Service or any other Department of Jus-
tice component plays in protecting, or providing se-
curity services or training for, the attorneys.
SEC. 20. FLIGHT TO AVOID PROSECUTION FOR KILLING 
PEACE OFFICERS. 
(a) FLIGHT.—Chapter 49 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 1075. Flight to avoid prosecution for killing peace 
officers 
‘‘Whoever moves or travels in interstate or foreign 
commerce with intent to avoid prosecution, or custody or 
confinement after conviction, under the laws of the place 
from which he flees or under section 1114 or 1123, for 
a crime consisting of the killing, an attempted killing, or 
a conspiracy to kill, an individual involved in crime and 
juvenile delinquency control or reduction, or enforcement 
of the laws or for a crime punishable by section 1114 or 
1123, shall be fined under this title and imprisoned, in 
addition to any other imprisonment for the underlying of-
fense, for any term of years not less than 10.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 49 of title 18, United States 
Code, is amended by adding at the end the following new 
item:
‘‘1075. Flight to avoid prosecution for killing peace officers.’’.
SEC. 21. SPECIAL PENALTIES FOR MURDER, KIDNAPPING, 
AND RELATED CRIMES AGAINST FEDERAL 
JUDGES AND FEDERAL LAW ENFORCEMENT 
OFFICERS. 
(a) MURDER.—Section 1114 of title 18, United 
States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and 
(2) by adding at the end the following: 
‘‘(b) If the victim of a murder punishable under this 
section is a United States judge (as defined in section 
115) or a Federal law enforcement officer (as defined in 
115) the offender shall be punished by a fine under this 
title and imprisonment for any term of years not less than 
30, or for life, or, if death results, may be sentenced to 
death.’’. 
(b) KIDNAPPING.—Section 1201(a) of title 18, 
United States Code, is amended by adding at the end the 
following: ‘‘If the victim of the offense punishable under 
this subsection is a United States judge (as defined in sec-
tion 115) or a Federal law enforcement officer (as defined 
in 115) the offender shall be punished by a fine under 
this title and imprisonment for any term of years not less 
than 30, or for life, or, if death results, may be sentenced 
to death.’’.
SEC. 22. MEDIA COVERAGE OF COURT PROCEEDINGS. 
(a) FINDINGS.—The Congress makes the following 
findings: 
(1) The right of the people of the United States 
to freedom of speech, particularly as it relates to 
comment on governmental activities, as protected by 
the first amendment to the Constitution, cannot be 
meaningfully exercised without the ability of the 
public to obtain facts and information about the 
Government upon which to base their judgments re-
garding important issues and events. As the United 
States Supreme Court articulated in Craig v. Har-
ney, 331 U.S. 367 (1947), ‘‘A trial is a public event. 
What transpires in the court room is public prop-
erty.’’. 
(2) The right of the people of the United States 
to a free press, with the ability to report on all as-
pects of the conduct of the business of government, 
as protected by the first amendment to the Constitu-
tion, cannot be meaningfully exercised without the 
ability of the news media to gather facts and infor-
mation freely for dissemination to the public. 
(3) The right of the people of the United States 
to petition the Government to redress grievances, 
particularly as it relates to the manner in which the 
Government exercises its legislative, executive, and
judicial powers, as protected by the first amendment 
to the Constitution, cannot be meaningfully exer-
cised without the availability to the public of infor-
mation about how the affairs of government are 
being conducted. As the Supreme Court noted in 
Richmond Newspapers, Inc. v. Commonwealth of 
Virginia (1980), ‘‘People in an open society do not 
demand infallibility from their institutions, but it is 
difficult for them to accept what they are prohibited 
from observing.’’. 
(4) In the twenty-first century, the people of 
the United States obtain information regarding judi-
cial matters involving the Constitution, civil rights, 
and other important legal subjects principally 
through the print and electronic media. Television, 
in particular, provides a degree of public access to 
courtroom proceedings that more closely approxi-
mates the ideal of actual physical presence than 
newspaper coverage or still photography. 
(5) Providing statutory authority for the courts 
of the United States to exercise their discretion in 
permitting televised coverage of courtroom pro-
ceedings would enhance significantly the access of 
the people to the Federal judiciary.
(6) Inasmuch as the first amendment to the 
Constitution prevents Congress from abridging the 
ability of the people to exercise their inherent rights 
to freedom of speech, to freedom of the press, and 
to petition the Government for a redress of griev-
ances, it is good public policy for the Congress af-
firmatively to facilitate the ability of the people to 
exercise those rights. 
(7) The granting of such authority would assist 
in the implementation of the constitutional guar-
antee of public trials in criminal cases, as provided 
by the sixth amendment to the Constitution. As the 
Supreme Court stated in In re Oliver (1948), 
‘‘Whatever other benefits the guarantee to an ac-
cused that his trial be conducted in public may con-
fer upon our society, the guarantee has always been 
recognized as a safeguard against any attempt to 
employ our courts as instruments of persecution. 
The knowledge that every criminal trial is subject to 
contemporaneous review in the forum of public opin-
ion is an effective restraint on possible abuse of judi-
cial power.’’. 
(b) AUTHORITY OF PRESIDING JUDGE TO ALLOW 
MEDIA COVERAGE OF COURT PROCEEDINGS.—
(1) AUTHORITY OF APPELLATE COURTS.—Not-
withstanding any other provision of law, the pre-
siding judge of an appellate court of the United 
States may, in his or her discretion, permit the 
photographing, electronic recording, broadcasting, or 
televising to the public of court proceedings over 
which that judge presides. 
(2) AUTHORITY OF DISTRICT COURTS.—
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, any presiding judge of a 
district court of the United States may, in his 
or her discretion, permit the photographing, 
electronic recording, broadcasting, or televising 
to the public of court proceedings over which 
that judge presides. 
(B) OBSCURING OF WITNESSES AND JU-
RORS.—(i) Upon the request of any witness 
(other than a party) or a juror in a trial pro-
ceeding, the court shall order the face and voice 
of the witness or juror (as the case may be) to 
be disguised or otherwise obscured in such man-
ner as to render the witness or juror unrecog-
nizable to the broadcast audience of the trial 
proceeding.
(ii) The presiding judge in a trial pro-
ceeding shall inform—
(I) each witness who is not a party 
that the witness has the right to request 
that his or her image and voice be ob-
scured during the witness’ testimony; and 
(II) each juror that the juror has the 
right to request that his or her image be 
obscured during the trial proceeding. 
(3) ADVISORY GUIDELINES.—The Judicial Con-
ference of the United States is authorized to promul-
gate advisory guidelines to which a presiding judge, 
in his or her discretion, may refer in making deci-
sions with respect to the management and adminis-
tration of photographing, recording, broadcasting, or 
televising described in paragraphs (1) and (2). 
(c) DEFINITIONS.—In this section: 
(1) PRESIDING JUDGE.—The term ‘‘presiding 
judge’’ means the judge presiding over the court 
proceeding concerned. In proceedings in which more 
than one judge participates, the presiding judge 
shall be the senior active judge so participating or, 
in the case of a circuit court of appeals, the senior 
active circuit judge so participating, except that—
(A) in en banc sittings of any United 
States circuit court of appeals, the presiding 
judge shall be the chief judge of the circuit 
whenever the chief judge participates; and 
(B) in en banc sittings of the Supreme 
Court of the United States, the presiding judge 
shall be the Chief Justice whenever the Chief 
Justice participates. 
(2) APPELLATE
COURT
OF
THE
UNITED 
STATES.—The term ‘‘appellate court of the United 
States’’ means any United States circuit court of ap-
peals and the Supreme Court of the United States. 
(d) SUNSET.—The authority under subsection (b)(2) 
shall terminate on the date that is 3 years after the date 
of the enactment of this Act. 
SEC. 23. FUNDING FOR STATE COURTS TO ASSESS AND EN-
HANCE COURT SECURITY AND EMERGENCY 
PREPAREDNESS. 
(a) IN GENERAL.—The Attorney General, through 
the Office of Justice Programs, shall make grants under 
this section to the highest State courts in States partici-
pating in the program, for the purpose of enabling such 
courts—
(1) to conduct assessments focused on the es-
sential elements for effective courtroom safety and 
security planning; and 
(2) to implement changes deemed necessary as 
a result of the assessments. 
(b) ESSENTIAL ELEMENTS.—As used in subsection 
(a)(1), the essential elements include, but are not limited 
to—
(1) operational security and standard operating 
procedures; 
(2) facility security planning and self-audit sur-
veys of court facilities; 
(3) emergency preparedness and response and 
continuity of operations; 
(4) disaster recovery and the essential elements 
of a plan; 
(5) threat assessment; 
(6) incident reporting; 
(7) security equipment; 
(8) developing resources and building partner-
ships; and 
(9) new courthouse design. 
(c) APPLICATIONS.—To be eligible for a grant under 
this section, a highest State court shall submit to the At-
torney General an application at such time, in such form,
and including such information and assurances as the At-
torney General shall require. 
(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. 24. ADDITIONAL AMOUNTS FOR UNITED STATES MAR-
SHALS SERVICE TO PROTECT THE JUDICI-
ARY. 
In addition to any other amounts authorized to be 
appropriated for the United States Marshals Service, 
there are authorized to be appropriated for the United 
States Marshals Service to protect the judiciary, 
$20,000,000 for each of fiscal years 2006 through 2010 
for—
(1) hiring entry-level deputy marshals for pro-
viding judicial security; 
(2) hiring senior-level deputy marshals for in-
vestigating threats to the judiciary and providing 
protective details to members of the judiciary and 
Assistant United States Attorneys; and 
(3) for the Office of Protective Intelligence, for 
hiring senior-level deputy marshals, hiring program 
analysts, and providing secure computer systems.
SEC. 25. GRANTS TO STATES FOR THREAT ASSESSMENT 
DATABASES. 
(a) In General.—The Attorney General, through the 
Office of Justice Programs, shall make grants under this 
section to the highest State courts in States participating 
in the program, for the purpose of enabling such courts 
to establish and maintain a threat assessment database 
described in subsection (b). 
(b) DATABASE.—For purposes of subsection (a), a 
threat assessment database is a database through which 
a State can—
(1) analyze trends and patterns in domestic ter-
rorism and crime; 
(2) project the probabilities that specific acts of 
domestic terrorism or crime will occur; and 
(3) develop measures and procedures that can 
effectively reduce the probabilities that those acts 
will occur. 
(c) CORE ELEMENTS.—The Attorney General shall 
define a core set of data elements to be used by each data-
base funded by this section so that the information in the 
database can be effectively shared with other States and 
with the Department of Justice. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section
such sums as may be necessary for each of fiscal years 
2006 through 2009. 
SEC. 26. GRANTS FOR YOUNG WITNESS ASSISTANCE. 
(a) DEFINITIONS.—For purposes of this section: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Bureau of Justice Assistance. 
(2) JUVENILE.—The term ‘‘juvenile’’ means an 
individual who is 17 years of age or younger. 
(3) YOUNG ADULT.—The term ‘‘young adult’’ 
means an individual who is between the ages of 18 
and 21. 
(4) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Is-
lands, American Samoa, Guam, and the Northern 
Mariana Islands. 
(b) PROGRAM AUTHORIZATION.—The Director may 
make grants to State and local prosecutors and law en-
forcement agencies in support of juvenile and young adult 
witness assistance programs, including State and local 
prosecutors and law enforcement agencies that have exist-
ing juvenile and adult witness assistance programs. 
(c) ELIGIBILITY.—To be eligible to receive a grant 
under this section, State and local prosecutors and law 
enforcement officials shall—
(1) submit an application to the Director in 
such form and containing such information as the 
Director may reasonably require; and 
(2) give assurances that each applicant has de-
veloped, or is in the process of developing, a witness 
assistance program that specifically targets the 
unique needs of juvenile and young adult witnesses 
and their families. 
(d) USE OF FUNDS.—Grants made available under 
this section may be used—
(1) to assess the needs of juvenile and young 
adult witnesses; 
(2) to develop appropriate program goals and 
objectives; and 
(3) to develop and administer a variety of wit-
ness assistance services, which includes—
(A) counseling services to young witnesses 
dealing with trauma associated in witnessing a 
violent crime; 
(B) pre- and post-trial assistance for the 
youth and their family; 
(C) providing education services if the 
child is removed from or changes their school 
for safety concerns;
(D) support for young witnesses who are 
trying to leave a criminal gang and information 
to prevent initial gang recruitment. 
(E) protective services for young witnesses 
and their families when a serious threat of 
harm from the perpetrators or their associates 
is made; and 
(F) community outreach and school-based 
initiatives that stimulate and maintain public 
awareness and support. 
(e) REPORTS.—
(1) REPORT.—State and local prosecutors and 
law enforcement agencies that receive funds under 
this section shall submit to the Director a report not 
later than May 1st of each year in which grants are 
made available under this section. Reports shall de-
scribe progress achieved in carrying out the purpose 
of this section. 
(2) REPORT TO CONGRESS.—The Director shall 
submit to Congress a report by July 1st of each year 
which contains a detailed statement regarding grant 
awards, activities of grant recipients, a compilation 
of statistical information submitted by applicants, 
and an evaluation of programs established under 
this section.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$3,000,000 for each of fiscal years 2006, 2007, and 2008.
SEC. 27. STATE AND LOCAL COURT ELIGIBILITY. 
(a) BUREAU GRANTS.—Section 302(c)(1) of title I 
of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3732(c)(1)) is amended by inserting 
‘‘State and local courts,’’ after ‘‘contracts with’’. 
(b) EDWARD BRYNE GRANTS.—
(1) FORMULA GRANTS.—Section 501 of title I 
of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3751) is amended—
(A) in subsection (a), by striking ‘‘and 
units of local government’’ and inserting ‘‘, 
units of local government, and State and local 
courts’’; and 
(B) in subsection (b), by inserting ‘‘, State 
and local courts,’’ after ‘‘use by States’’. 
(2) DISCRETIONARY GRANTS.—Section 510(a) 
of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3760(a)) is amended 
by inserting ‘‘, State and local courts,’’ after ‘‘pri-
vate agencies,’’.
(c) ARMOR VESTS.—Section 2501 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 
(3796ii) is amended—
(1) in subsection (a), by inserting ‘‘State and 
local court,’’ after ‘‘local,’’; and 
(2) in subsection (b), by inserting ‘‘State and 
local court’’ after ‘‘government,’’. 
(d) CHILD ABUSE PREVENTION.—Section 105 of the 
Child Abuse Prevention and Treatment Act (42 U.S.C. 
5106) is amended—
(1) in the section heading, by inserting ‘‘STATE 
AND LOCAL COURTS,’’ after ‘‘AGENCIES’’; 
(2) in subsection (a), by inserting ‘‘and State 
and local courts’’ after ‘‘such agencies or organiza-
tions)’’; and 
(3) in subsection (a)(1), by inserting ‘‘and 
State and local courts’’ after ‘‘organizations’’.
SEC. 28. AUTHORITY OF FEDERAL JUDGES AND PROSECU-
TORS TO CARRY FIREARMS. 
(a) IN GENERAL.—Chapter 203 of title 18, United 
States Code, is amended by inserting after section 3053 
the following:
‘‘§ 3054. Authority of Federal judges and prosecutors 
to carry firearms 
‘‘Any justice of the United States or judge of the 
United States (as defined in section 451 of title 28), any 
judge of a court created under article I of the United 
States Constitution, any bankruptcy judge, any magistrate 
judge, any United States attorney, and any other officer 
or employee of the Department of Justice whose duties 
include representing the United States in a court of law, 
may carry firearms, subject to such regulations as the At-
torney General shall prescribe. Such regulations shall pro-
vide for training and regular certification in the use of 
firearms and shall, with respect to justices, judges, bank-
ruptcy judges, and magistrate judges, be prescribed after 
consultation with the Judicial Conference of the United 
States.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such chapter is amended by inserting after the item 
relating to section 3053 the following:
‘‘3054. Authority of Federal judges and prosecutors to carry firearms.’’.
Passed the House of Representatives November 9, 
2005. 
Attest:
Clerk.