In the Senate of the United States,
December 6, 2006.
Resolved, That the bill from the House of Representa-
tives (H.R. 1751) entitled ‘‘An Act to amend title 18, United
States Code, to protect judges, prosecutors, witnesses, vic-
tims, and their family members, and for other purposes.’’, do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Court Security Improve-
ment Act of 2006’’.
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TITLE I—JUDICIAL SECURITY
IMPROVEMENTS AND FUNDING
SEC. 101. JUDICIAL BRANCH SECURITY REQUIREMENTS.
(a) ENSURING CONSULTATION WITH
THE JUDICI-
ARY.—Section 566 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(i) The Director of the United States Marshals Serv-
ice shall consult with the Judicial Conference of the United
States on a continuing basis regarding the security require-
ments for the judicial branch of the United States Govern-
ment, to ensure that the views of the Judicial Conference
regarding the security requirements for the judicial branch
of the Federal Government are taken into account when de-
termining staffing levels, setting priorities for programs re-
garding judicial security, and allocating judicial security
resources. In this paragraph, the term ‘judicial security’ in-
cludes the security of buildings housing the judiciary, the
personal security of judicial officers, the assessment of
threats made to judicial officers, and the protection of all
other judicial personnel. The United States Marshals Serv-
ice retains final authority regarding security requirements
for the judicial branch of the Federal Government.’’.
(b) CONFORMING AMENDMENT.—Section 331 of title
28, United States Code, is amended by adding at the end
the following:
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‘‘The Judicial Conference shall consult with the Direc-
tor of United States Marshals Service on a continuing basis
regarding the security requirements for the judicial branch
of the United States Government, to ensure that the views
of the Judicial Conference regarding the security require-
ments for the judicial branch of the Federal Government
are taken into account when determining staffing levels, set-
ting priorities for programs regarding judicial security,
and allocating judicial security resources. In this para-
graph, the term ‘judicial security’ includes the security of
buildings housing the judiciary, the personal security of ju-
dicial officers, the assessment of threats made to judicial
officers, and the protection of all other judicial personnel.
The United States Marshals Service retains final authority
regarding security requirements for the judicial branch of
the Federal Government.’’.
SEC. 102. PROTECTION OF FAMILY MEMBERS.
Section 105(b)(3) of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended—
(1) in subparagraph (A), by inserting ‘‘or a fam-
ily member of that individual’’ after ‘‘that indi-
vidual’’; and
(2) in subparagraph (B)(i), by inserting ‘‘or a
family member of that individual’’ after ‘‘the report’’.
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SEC. 103. FINANCIAL DISCLOSURE REPORTS.
(a) EXTENSION OF AUTHORITY.—Section 105(b)(3) of
the Ethics in Government Act of 1978 (5 U.S.C. App) is
amended by striking ‘‘2005’’ each place that term appears
and inserting ‘‘2009’’.
(b) REPORT CONTENTS.—Section 105(b)(3)(C) of the
Ethics in Government Act of 1978 (5 U.S.C. App) is
amended—
(1) in clause (ii), by striking ‘‘and’’ at the end;
(2) in clause (iii), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(iv) the nature or type of information redacted;
‘‘(v) what steps or procedures are in place to en-
sure that sufficient information is available to liti-
gants to determine if there is a conflict of interest;
‘‘(vi) principles used to guide implementation of
redaction authority; and
‘‘(vii) any public complaints received in regards
to redaction.’’.
SEC. 104. PROTECTION OF UNITED STATES TAX COURT.
(a) IN GENERAL.—Section 566(a) of title 28, United
States Code, is amended by striking ‘‘and the Court of
International Trade’’ and inserting ‘‘, the Court of Inter-
national Trade, and any other court, as provided by law’’.
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(b) INTERNAL REVENUE CODE.—Section 7456(c) of
the Internal Revenue Code of 1986 (relating to incidental
powers of the Tax Court) is amended in the matter fol-
lowing paragraph (3), by striking the period at the end,
and inserting ‘‘and may otherwise provide for the security
of the Tax Court, including the personal protection of Tax
Court judges, court officers, witnesses, and other threatened
person in the interests of justice, where criminal intimida-
tion impedes on the functioning of the judicial process or
any other official proceeding.’’.
SEC. 105. ADDITIONAL AMOUNTS FOR UNITED STATES MAR-
SHALS SERVICE TO PROTECT THE JUDICIARY.
In addition to any other amounts authorized to be ap-
propriated for the United States Marshals Service, there are
authorized to be appropriated for the United States Mar-
shals 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 inves-
tigating threats to the judiciary and providing pro-
tective details to members of the judiciary and assist-
ant United States attorneys; and
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(3) for the Office of Protective Intelligence, for
hiring senior-level deputy marshals, hiring program
analysts, and providing secure computer systems.
TITLE 
II—CRIMINAL 
LAW 
EN-
HANCEMENTS 
TO 
PROTECT
JUDGES, FAMILY MEMBERS,
AND WITNESSES
SEC. 201. PROTECTIONS AGAINST MALICIOUS RECORDING
OF FICTITIOUS LIENS AGAINST FEDERAL
JUDGES AND FEDERAL LAW ENFORCEMENT
OFFICERS.
(a) OFFENSE.—Chapter 73 of title 18, United States
Code, is amended by adding at the end the following:
‘‘SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR
FEDERAL LAW ENFORCEMENT OFFICER BY
FALSE CLAIM OR SLANDER OF TITLE.
‘‘Whoever files, attempts to file, or conspires to file, in
any public record or in any private record which is gen-
erally available to the public, any false lien or encumbrance
against the real or personal property of an individual de-
scribed in section 1114, on account of the performance of
official duties by that individual, knowing or having reason
to know that such lien or encumbrance is false or contains
any materially false, fictitious, or fraudulent statement or
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representation, shall be fined under this title or imprisoned
for not more than 10 years, or both.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 73 of title 18, United States Code, is amended 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.’’.
SEC. 202. PROTECTION OF INDIVIDUALS PERFORMING CER-
TAIN OFFICIAL DUTIES.
(a) OFFENSE.—Chapter 7 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 118. Protection of individuals performing certain
official duties
‘‘(a) IN GENERAL.—Whoever knowingly makes re-
stricted personal information about a covered official, or
a member of the immediate family of that covered official,
publicly available—
‘‘(1) with the intent to threaten, intimidate, or
incite the commission of a crime of violence against
that covered official, or a member of the immediate
family of that covered official; or
‘‘(2) with the intent and knowledge that the re-
stricted personal information will be used to threaten,
intimidate, or facilitate the commission of a crime of
violence against that covered official, or a member of
the immediate family of that covered official,
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shall be fined under this title, imprisoned not more than
5 years, or both.
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) the term ‘restricted personal information’
means, with respect to an individual, the Social Secu-
rity number, the home address, home phone number,
mobile phone number, personal email, or home fax
number of, and identifiable to, that individual;
‘‘(2) the term ‘covered official’ means—
‘‘(A) an individual designated in section
1114; or
‘‘(B) 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 commit-
ting magistrate;
‘‘(3) the term ‘crime of violence’ has the meaning
given the term in section 16; and
‘‘(4) the term ‘immediate family’ has the mean-
ing given the term in section 115(c)(2).’’.
(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:
‘‘118. Protection of individuals performing certain official duties.’’.
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SEC. 203. PROHIBITION OF POSSESSION OF DANGEROUS
WEAPONS IN FEDERAL COURT FACILITIES.
Section 930(e)(1) of title 18, United States Code, is
amended by inserting ‘‘or other dangerous weapon’’ after
‘‘firearm’’.
SEC. 204. CLARIFICATION OF VENUE FOR RETALIATION
AGAINST A WITNESS.
Section 1513 of title 18, United States Code, is amend-
ed 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
pending, about to be instituted, or completed) was intended
to be affected, or in which the conduct constituting the al-
leged offense occurred.’’.
SEC. 205. 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) so that subparagraph (A) of subsection (a)(3)
reads as follows:
‘‘(A) in the case of a killing, the punishment pro-
vided in sections 1111 and 1112;’’;
(2) in subsection (a)(3)—
(A) in the matter following clause (ii) of
subparagraph (B) by striking ‘‘20 years’’ and
inserting ‘‘30 years’’; and
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(B) in subparagraph (C), by striking ‘‘10
years’’ and inserting ‘‘20 years’’;
(3) in subsection (b), by striking ‘‘ten years’’ and
inserting ‘‘20 years’’; and
(4) in subsection (d), by striking ‘‘one year’’ and
inserting ‘‘3 years’’.
SEC. 206. MODIFICATION OF RETALIATION OFFENSE.
Section 1513 of title 18, United States Code, is
amended—
(1) 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;
(2) in subsection (a)(2)(B), by striking ‘‘20
years’’ and inserting ‘‘30 years’’;
(3) in subsection (b)—
(A) in paragraph (2)—
(i) by inserting a comma after ‘‘proba-
tion’’; and
(ii) by striking the comma which im-
mediately follows another comma; and
(B) in the matter following paragraph (2),
by striking ‘‘ten years’’ and inserting ‘‘20
years’’; and
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(4) by redesignating the second subsection (e) as
subsection (f).
SEC. 207. GENERAL MODIFICATIONS OF FEDERAL MURDER
CRIME AND RELATED CRIMES.
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’’.
TITLE III—PROTECTING STATE
AND LOCAL JUDGES AND RE-
LATED GRANT PROGRAMS
SEC. 301. 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 and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) by a State, unit of local government, or In-
dian tribe to create and expand witness and victim
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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 fol-
lows:
‘‘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. 302. ELIGIBILITY OF STATE COURTS FOR CERTAIN
FEDERAL GRANTS.
(a) CORRECTIONAL OPTIONS GRANTS.—Section 515 of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3762a) is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘and’’ at
the end;
(B) in paragraph (3), by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) grants to State courts to improve security
for State and local court systems.’’; and
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(2) in subsection (b), by inserting after the pe-
riod the following:
‘‘Priority shall be given to State court applicants under
subsection (a)(4) that have the greatest demonstrated need
to provide security in order to administer justice.’’.
(b) ALLOCATIONS.—Section 516(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3762b) is amended by—
(1) striking ‘‘80’’ and inserting ‘‘70’’;
(2) striking ‘‘and 10’’ and inserting ‘‘10’’; and
(3) inserting before the period the following: ‘‘,
and 10 percent for section 515(a)(4)’’.
(c) STATE AND LOCAL GOVERNMENTS TO CONSIDER
COURTS.—The Attorney General may require, as appro-
priate, that whenever 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 de-
veloping 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;
(2) consulted with the chief judicial officer of the
highest court of the State, unit, or tribe, as the case
may be; and
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(3) consulted with the chief law enforcement offi-
cer of the law enforcement agency responsible for the
security needs of the judicial branch of the State,
unit, or tribe, as the case may be.
(d) ARMOR VESTS.—Section 2501 of title I of the Om-
nibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796ll) is amended—
(1) in subsection (a), by inserting ‘‘and State
and local court officers’’ after ‘‘tribal law enforcement
officers’’; and
(2) in subsection (b), by inserting ‘‘State or local
court,’’ after ‘‘government,’’.
TITLE IV—LAW ENFORCEMENT
OFFICERS
SEC. 401. AMENDMENTS TO LAW ENFORCEMENT OFFICER
SAFETY PROVISIONS OF TITLE 18.
(a) IN GENERAL.—Section 926B of title 18, United
States Code, is amended by adding at the end the following:
‘‘(f) For purposes of this section, a law enforcement
officer of the Amtrak Police Department or a law enforce-
ment or police officer of the executive branch of the Federal
Government qualifies as an employee of a governmental
agency who is authorized by law to engage in or supervise
the prevention, detection, investigation, or prosecution of,
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or the incarceration of any person for, any violation of law,
and has statutory powers of arrest.’’.
(b) RETIRED LAW ENFORCEMENT OFFICERS.—Section
926C of title 18, United States Code, is amended—
(1) in subsection (c)—
(A) in paragraph (3)(A), by striking ‘‘was
regularly employed as a law enforcement officer
for an aggregate of 15 years or more’’ and in-
serting ‘‘served as a law enforcement officer for
an aggregate of 10 years or more’’;
(B) by striking paragraphs (4) and (5) and
inserting the following:
‘‘(4) during the most recent 12-month period, has
met, at the expense of the individual, the standards
for qualification in firearms training for active law
enforcement officers as set by the officer’s former agen-
cy, the State in which the officer resides or a law en-
forcement agency within the State in which the officer
resides;’’; and
(C) by redesignating paragraphs (6) and
(7) as paragraphs (5) and (6), respectively;
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘to meet
the standards established by the agency for train-
ing and qualification for active law enforcement
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officers to carry a firearm of the same type as
the concealed firearm; or’’ and inserting ‘‘to meet
the active duty standards for qualification in
firearms training as established by the agency to
carry a firearm of the same type as the concealed
firearm or’’; and
(B) in paragraph (2)(B), by striking ‘‘oth-
erwise found by the State to meet the standards
established by the State for training and quali-
fication for active law enforcement officers to
carry a firearm of the same type as the concealed
firearm.’’ and inserting ‘‘otherwise found by the
State or a certified firearms instructor that is
qualified to conduct a firearms qualification test
for active duty officers within that State to have
met—
‘‘(i) the active duty standards for qual-
ification in firearms training as established
by the State to carry a firearm of the same
type as the concealed firearm; or
‘‘(ii) if the State has not established
such standards, standards set by a law en-
forcement agency within that State to carry
a firearm of the same type as the concealed
firearm.’’; and
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(3) by adding at the end the following:
‘‘(f) In this section, the term ‘service with a public
agency as a law enforcement officer’ includes service as a
law enforcement officer of the Amtrak Police Department
or as a law enforcement or police officer of the executive
branch of the Federal Government.’’.
SEC. 402. REPORT ON SECURITY OF FEDERAL PROSECU-
TORS.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representa-
tives a report on the security of assistant United States at-
torneys and other Federal attorneys arising from the pros-
ecution of terrorists, violent criminal gangs, drug traf-
fickers, gun traffickers, white supremacists, those who com-
mit fraud and other white-collar offenses, and other crimi-
nal cases.
(b) CONTENTS.—The report submitted under sub-
section (a) shall describe each of the following:
(1) The number and nature of threats and as-
saults against attorneys handling prosecutions de-
scribed in subsection (a) and the reporting require-
ments and methods.
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(2) The security measures that are in place to
protect the attorneys who are handling prosecutions
described in subsection (a), including threat assess-
ments, response procedures, availability of security
systems and other devices, firearms licensing (deputa-
tions), and other measures designed to protect the at-
torneys and their families.
(3) The firearms deputation policies of the De-
partment of Justice, including the number of attor-
neys deputized and the time between receipt of threat
and completion of the deputation and training proc-
ess.
(4) For each requirement, measure, or policy de-
scribed in paragraphs (1) through (3), when the re-
quirement, measure, or policy was developed and who
was responsible for developing and implementing the
requirement, measure, or policy .
(5) The programs that are made available to the
attorneys for personal security training, including
training relating to limitations on public information
disclosure, basic home security, firearms handling
and safety, family safety, mail handling, counter-sur-
veillance, and self-defense tactics.
(6) The measures that are taken to provide attor-
neys handling prosecutions described in subsection (a)