•H.R. 4472 EH 
SEC. 512. MANDATORY PENALTIES FOR SEX-TRAFFICKING 
OF CHILDREN. 
Section 1591(b) of title 18, United States Code, is 
amended—
(1) in paragraph (1)—
(A) by striking ‘‘or imprisonment’’ and in-
serting ‘‘and imprisonment’’; 
(B) by inserting ‘‘not less than 10’’ after 
‘‘any term of years’’; and 
(C) by striking ‘‘, or both’’; and 
(2) in paragraph (2)—
(A) by striking ‘‘or imprisonment for not’’ 
and inserting ‘‘and imprisonment for not less 
than 5 years nor’’; and 
(B) by striking ‘‘, or both’’. 
SEC. 513. SEXUAL ABUSE OF WARDS. 
Chapter 109A of title 18, United States Code, is 
amended—
(1) in section 2243(b), by striking ‘‘five years’’ 
and inserting ‘‘15 years’’; and 
(2) by inserting a comma after ‘‘Attorney Gen-
eral’’ each place it appears. 
SEC. 514. NO LIMITATION FOR PROSECUTION OF FELONY 
SEX OFFENSES. 
Chapter 213 of title 18, United States Code, is 
amended—
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(1) by adding at the end the following: 
‘‘§ 3298. Child abduction and sex offenses 
‘‘Notwithstanding any other law, an indictment may 
be found or an information instituted at any time without 
limitation for any offense under section 1201 involving a 
minor victim, and for any felony under chapter 109A, 110, 
or 117, or section 1591.’’; and 
(2) by adding at the end of the table of sections 
at the beginning of the chapter the following new 
item:
‘‘3298. Child abduction and sex offenses’’.
SEC. 515. CHILD ABUSE REPORTING. 
Section 2258 of title 18, United States Code, is 
amended by striking ‘‘Class B misdemeanor’’ and insert-
ing ‘‘Class A misdemeanor’’. 
TITLE VI—CHILD 
PORNOGRAPHY PREVENTION 
SEC. 601. FINDINGS. 
Congress makes the following findings: 
(1) The effect of the intrastate production, 
transportation, distribution, receipt, advertising, and 
possession of child pornography on interstate market 
in child pornography. 
(A) The illegal production, transportation, 
distribution, receipt, advertising and possession 
of child pornography, as defined in section
•H.R. 4472 EH 
2256(8) of title 18, United States Code, as well 
as the transfer of custody of children for the 
production of child pornography, is harmful to 
the physiological, emotional, and mental health 
of the children depicted in child pornography 
and has a substantial and detrimental effect on 
society as a whole. 
(B) A substantial interstate market in 
child pornography exists, including not only a 
multimillion dollar industry, but also a nation-
wide network of individuals openly advertising 
their desire to exploit children and to traffic in 
child pornography. Many of these individuals 
distribute child pornography with the expecta-
tion of receiving other child pornography in re-
turn. 
(C) The interstate market in child pornog-
raphy is carried on to a substantial extent 
through the mails and other instrumentalities 
of interstate and foreign commerce, such as the 
Internet. The advent of the Internet has greatly 
increased the ease of transporting, distributing, 
receiving, and advertising child pornography in 
interstate commerce. The advent of digital cam-
eras and digital video cameras, as well as video-
•H.R. 4472 EH 
tape cameras, has greatly increased the ease of 
producing child pornography. The advent of in-
expensive computer equipment with the capacity 
to store large numbers of digital images of child 
pornography has greatly increased the ease of 
possessing child pornography. Taken together, 
these technological advances have had the un-
fortunate result of greatly increasing the inter-
state market in child pornography. 
(D) Intrastate incidents of production, 
transportation, distribution, receipt, advertising, 
and possession of child pornography, as well as 
the transfer of custody of children for the pro-
duction of child pornography, have a substantial 
and direct effect upon interstate commerce be-
cause: 
(I) Some persons engaged in the pro-
duction, transportation, distribution, re-
ceipt, advertising, and possession of child 
pornography conduct such activities en-
tirely within the boundaries of one state. 
These persons are unlikely to be content 
with the amount of child pornography they 
produce, transport, distribute, receive, ad-
vertise, or possess. These persons are
•H.R. 4472 EH 
therefore likely to enter the interstate mar-
ket in child pornography in search of addi-
tional child pornography, thereby stimu-
lating demand in the interstate market in 
child pornography. 
(ii) When the persons described in 
subparagraph (D)(I) enter the interstate 
market in search of additional child por-
nography, they are likely to distribute the 
child pornography they already produce, 
transport, distribute, receive, advertise, or 
possess to persons who will distribute addi-
tional child pornography to them, thereby 
stimulating supply in the interstate market 
in child pornography. 
(iii) Much of the child pornography 
that supplies the interstate market in child 
pornography is produced entirely within 
the boundaries of one state, is not trace-
able, and enters the interstate market sur-
reptitiously. This child pornography sup-
ports demand in the interstate market in 
child pornography and is essential to its 
existence.
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(E) Prohibiting the intrastate production, 
transportation, distribution, receipt, advertising, 
and possession of child pornography, as well as 
the intrastate transfer of custody of children for 
the production of child pornography, will cause 
some persons engaged in such intrastate activi-
ties to cease all such activities, thereby reducing 
both supply and demand in the interstate mar-
ket for child pornography. 
(F) Federal control of the intrastate inci-
dents of the production, transportation, dis-
tribution, receipt, advertising, and possession of 
child pornography, as well as the intrastate 
transfer of children for the production of child 
pornography, is essential to the effective control 
of the interstate market in child pornography. 
(2) The importance of protecting children from 
repeat exploitation in child pornography: 
(A) The vast majority of child pornography 
prosecutions today involve images contained on 
computer hard drives, computer disks, and re-
lated media. 
(B) Child pornography is not entitled to 
protection under the First Amendment and 
thus may be prohibited.
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(C) The government has a compelling state 
interest in protecting children from those who 
sexually exploit them, and this interest extends 
to stamping out the vice of child pornography 
at all levels in the distribution chain. 
(D) Every instance of viewing images of 
child pornography represents a renewed viola-
tion of the privacy of the victims and a repeti-
tion of their abuse. 
(E) Child pornography constitutes prima 
facie contraband, and as such should not be dis-
tributed to, or copied by, child pornography de-
fendants or their attorneys. 
(F) It is imperative to prohibit the repro-
duction of child pornography in criminal cases 
so as to avoid repeated violation and abuse of 
victims, so long as the government makes rea-
sonable accommodations for the inspection, 
viewing, and examination of such material for 
the purposes of mounting a criminal defense. 
SEC. 602. STRENGTHENING SECTION 2257 TO ENSURE THAT 
CHILDREN ARE NOT EXPLOITED IN THE PRO-
DUCTION OF PORNOGRAPHY. 
Section 2257(h) of title 18, United States Code, is 
amended—
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(1) in paragraph (1), by striking ‘‘subpara-
graphs (A) through (D)’’ and inserting ‘‘subpara-
graph (A)’’; and 
(2) in paragraph (3), by striking ‘‘which does 
not involve’’ and all that follows through ‘‘depicted’’ 
and inserting ‘‘with respect to which the Attorney 
General determines the record keeping requirements 
of this section are not needed to carry out the pur-
poses of this chapter’’. 
SEC. 603. ADDITIONAL RECORDKEEPING REQUIREMENTS. 
(a) NEW REQUIREMENT.—
(1) IN
GENERAL.—Title 18, United States 
Code, is amended by inserting after section 2257 the 
following: 
‘‘§ 2257A. Recordkeeping requirements for simulated 
sexual conduct 
‘‘(a) Whoever produces any book, magazine, peri-
odical, film, videotape, or other matter which—
‘‘(1) contains a visual depiction of simulated 
sexually explicit conduct (except conduct described in 
section 2256(2)(A)(v)), created after the date of the 
enactment of this section; and 
‘‘(2) is produced in whole or in part with mate-
rials which have been mailed or shipped in interstate 
or foreign commerce, or is shipped or transported or
•H.R. 4472 EH 
is intended for shipment or transportation in inter-
state or foreign commerce; 
shall create and maintain individually identifiable records 
pertaining to every performer portrayed in such a visual 
depiction. 
‘‘(b) Subsections (b), (c), (d), (e), (f), (h)(2), and (I) 
of section 2257 apply to matter and records described in 
subsection (a) of this section in the same manner as they 
apply to matter and records described in section 2257(a). 
‘‘(c) As used in this section, the term ‘produces’ 
means—
‘‘(1) to film, videotape, photograph; or create a 
picture, digital image, or digitally- or computer-ma-
nipulated image of an actual human being, that con-
stitutes a visual depiction of simulated sexually ex-
plicit conduct; or 
‘‘(2) to make such a depiction available to an-
other, if the circumstances in which the depiction is 
made available are likely to convey the impression 
that the depiction is child pornography. 
‘‘(d) This section (other than to the extent subsection 
(b) of this section makes section 2257(d) applicable) does 
not apply to a person who produces matter described in 
subsection (a), and who—
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‘‘(1) ascertains, by examination of an identifica-
tion document containing such information, the 
name and birth date of every performer portrayed in 
such a visual depiction, and maintains such informa-
tion in individually identifiable records; 
‘‘(2) makes such records available to the Attor-
ney General for inspection at all reasonable times; 
‘‘(3) provides to the Attorney General the 
name, title, and business address of the individual 
employed for the purpose of maintaining such 
records; and 
‘‘(4) certifies compliance with paragraphs (1), 
(2), and (3) to the Attorney General on an annual 
basis, and that the Attorney General will be prompt-
ly notified of any changes in that name, title, or 
business address.’’. 
(2) EFFECTIVE DATE OF REGULATIONS.—The 
regulations issued to carry out section 2257A of title 
18, United States Code, shall not become effective 
until 90 days after the regulations are published in 
the Federal Register. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of chapter 110 of title 18, United States 
Code, is amended by inserting after the item relating to 
section 2257 the following new item:
‘‘2257A. Recordkeeping requirements for simulated sexual conduct’’.
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•H.R. 4472 EH 
SEC. 604. PREVENTION OF DISTRIBUTION OF CHILD POR-
NOGRAPHY USED AS EVIDENCE IN PROSECU-
TIONS. 
Section 3509 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(m) PROHIBITION ON REPRODUCTION OF CHILD 
PORNOGRAPHY.—
‘‘(1) In any criminal proceeding, any property 
or material that constitutes child pornography (as 
defined by section 2256 of this title) must remain in 
the care, custody, and control of either the Govern-
ment or the court. 
‘‘(2)(A) Notwithstanding Rule 16 of the Fed-
eral Rules of Criminal Procedure, a court shall deny, 
in any criminal proceeding, any request by the de-
fendant to copy, photograph, duplicate, or otherwise 
reproduce any property or material that constitutes 
child pornography (as defined by section 2256 of 
this title), so long as the Government makes the 
property or material reasonably available to the de-
fendant. 
‘‘(B) For the purposes of subparagraph (A), 
property or material shall be deemed to be reason-
ably available to the defendant if the Government 
provides ample opportunity for inspection, viewing, 
and examination at a Government facility of the
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•H.R. 4472 EH 
property or material by the defendant, his or her at-
torney, aid any individual the defendant may seek to 
qualify to furnish expert testimony at trial.’’. 
SEC. 605. AUTHORIZING CIVIL AND CRIMINAL ASSET FOR-
FEITURE IN CHILD EXPLOITATION AND OB-
SCENITY CASES. 
(a) CONFORMING FORFEITURE PROCEDURES
FOR 
OBSCENITY OFFENSES.—Section 1467 of title 18, United 
States Code, is amended—
(1) in subsection (a)(3), by inserting a period 
after ‘‘of such offense’’ and striking all that follows; 
and 
(2) by striking subsections (b) through (n) and 
inserting the following: 
‘‘(b) The provisions of section 413 of the Controlled 
Substances Act (21 U.S.C. 853) with the exception of sub-
section (d), shall apply to the criminal forfeiture of prop-
erty pursuant to subsection (a). 
‘‘(c) Any property subject to forfeiture pursuant to 
subsection(a) may be forfeited to the United States in a 
civil case in accordance with the procedures set forth in 
chapter 46 of this title.’’. 
(b) PROPERTY
SUBJECT
TO
CRIMINAL
FOR-
FEITURE.—Section 2253(a) of title 18, United States 
Code, is amended—
102
•H.R. 4472 EH 
(1) in the matter preceding paragraph (1)—
(A) by inserting ‘‘or who is convicted of an 
offense under sections 2252B, 2257, or 2257A 
of this chapter,’’ after ‘‘2260 of this chapter’’; 
and 
(B) by striking ‘‘an offense under section 
2421, 2422, or 2423 of chapter 117’’ and in-
serting ‘‘an offense under chapter 109A’’; 
(2) in paragraph (1), by inserting ‘‘2252A, 
2252B, 2257, or 2257A’’ after ‘‘2252’’; and 
(3) in paragraph (3), by inserting ‘‘or any prop-
erty traceable to such property’’ before the period. 
(c) CRIMINAL FORFEITURE PROCEDURE.—Section 
2253 of title 18, United States Code, is amended by strik-
ing subsections (b) through (o) and inserting the fol-
lowing: 
‘‘(b) Section 413 of the Controlled Substances Act 
(21 U.S.C. 853) with the exception of subsection (d), ap-
plies to the criminal forfeiture of property pursuant to 
subsection (a).’’. 
(d) CIVIL FORFEITURE.—Section 2254 of title 18, 
United States Code, is amended to read as follows: 
‘‘§ 2254. Civil forfeiture 
‘‘Any property subject to forfeiture pursuant to sec-
tion 2253 may be forfeited to the United States in a civil
103
•H.R. 4472 EH 
case in accordance with the procedures set forth in chapter 
46.’’. 
SEC. 606. PROHIBITING THE PRODUCTION OF OBSCENITY 
AS WELL AS TRANSPORTATION, DISTRIBU-
TION, AND SALE. 
(a) SECTION 1465.—Section 1465 of title 18 of the 
United States Code is amended—
(1) by inserting ‘‘PRODUCTION AND’’ before 
‘‘TRANSPORTATION’’ in the heading of the section; 
(2) by inserting ‘‘produces with the intent to 
transport, distribute, or transmit in interstate or 
foreign commerce, or whoever knowingly’’ after 
‘‘whoever knowingly’’ and before ‘‘transports or trav-
els in’’; and 
(3) by inserting a comma after ‘‘in or affecting 
such commerce’’. 
(b) SECTION 1466.—Section 1466 of title 18 of the 
United States Code is amended—
(1) in subsection (a), by inserting ‘‘producing 
with intent to distribute or sell, or’’ before ‘‘selling 
or transferring obscene matter,’’; 
(2) in subsection (b), by inserting, ‘‘produces’’ 
before ‘‘sells or transfers or offers to sell or transfer 
obscene matter’’; and
104
•H.R. 4472 EH 
(3) in subsection (b) by inserting ‘‘production,’’ 
before ‘‘selling or transferring or offering to sell or 
transfer such material.’’. 
SEC. 607. GUARDIANS AD LITEM. 
Section 3509(h)(1) of title 18, United States Code, 
is amended by inserting ‘‘, and provide reasonable com-
pensation and payment of expenses for,’’ before ‘‘a guard-
ian’’. 
TITLE VII—COURT SECURITY 
SEC. 701. JUDICIAL BRANCH SECURITY REQUIREMENTS. 
(a) ENSURING CONSULTATION WITH THE ADMINIS-
TRATIVE OFFICE OF THE UNITED STATES COURTS.—Sec-
tion 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 Of-
fice 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);
105
•H.R. 4472 EH 
(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. 702. 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.
106
•H.R. 4472 EH 
SEC. 703. 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: 
‘‘§ 1521. Retaliating against a Federal official by false 
claim or slander of title 
‘‘Whoever, with the intent to harass or intimidate a 
person designated in section 1114, files, or attempts or 
conspires to file, 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, on account of the performance of official 
duties by that person, 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. 704. 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:
107
•H.R. 4472 EH 
‘‘§ 117. Protection of individuals performing certain 
official duties 
‘‘(a) Whoever knowingly makes restricted personal in-
formation about a covered official, or a member of the im-
mediate family of that covered official, publicly available, 
with the intent that such restricted personal information 
be used to intimidate or facilitate the commission of a 
crime of violence (as defined in section 16) against that 
covered official, or a member of the immediate family of 
that covered official, shall be fined under this title and 
imprisoned not more than 5 years, or both. 
‘‘(b) 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; 
‘‘(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
108
•H.R. 4472 EH 
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; and 
‘‘(3) the term ‘immediate family’ has the same 
meaning given that 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:
‘‘117. Protection of individuals performing certain official duties’’.
SEC. 705. 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.
109
•H.R. 4472 EH 
(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—
110
•H.R. 4472 EH 
(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.
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•H.R. 4472 EH 
(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. 706. 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’’.
112
•H.R. 4472 EH 
SEC. 707. 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.’’.
113
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SEC. 708. 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 may 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’’.
114
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SEC. 709. PENALTIES FOR CERTAIN ASSAULTS. 
Section 111 of title 18, United States Code, is 
amended—
(1) by striking ‘‘8 years’’ and inserting ‘‘15 
years’’ in subsection (a); and 
(2) by striking ‘‘20 years’’ and inserting ‘‘30 
years’’ in subsection (b). 
SEC. 710. DAVID MARCH AND HENRY PRENDES PROTEC-
TION OF FEDERALLY FUNDED PUBLIC SAFE-
TY 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 on account of the perform-
ance of official duties, or kills a former federally funded 
public safety officer on account of the past performance 
of official 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 pros-
ecuted 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-
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•H.R. 4472 EH 
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-
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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, with arrest powers, involved in crime 
and juvenile delinquency control or reduction, or en-
forcement 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. 711. 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;
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‘‘(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. 712. 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—
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(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. 713. 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
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(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. 714. 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. 715. 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
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intended to be affected or was completed, or in which the 
conduct constituting the alleged offense occurred.’’. 
SEC. 716. 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. 717. 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. 718. 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:
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‘‘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
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‘‘(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. 719. 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;
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(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. 720. 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
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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.
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SEC. 721. 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. 722. 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.
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(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
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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
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(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. 723. 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
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‘‘State and local courts, local law enforcement,’’ after 
‘‘contracts with’’. 
(b) 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 
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; 
(2) consulted with the chief judicial officer of 
the highest court of the State, unit, or tribe, as the 
case may be; and 
(3) consulted with the chief law enforcement of-
ficer 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. 
(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,’’.
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(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’’. 
TITLE 
VIII—REDUCTION 
AND 
PREVENTION OF GANG VIO-
LENCE 
SEC. 801. REVISION AND EXTENSION OF PENALTIES RE-
LATED TO CRIMINAL STREET GANG ACTIV-
ITY. 
(a) IN GENERAL.—Chapter 26 of title 18, United 
States Code, is amended to read as follows: 
‘‘CHAPTER 26—CRIMINAL STREET GANGS
‘‘Sec. 
‘‘521. Criminal street gang prosecutions.
‘‘§ 521. Criminal street gang prosecutions 
‘‘(a) STREET GANG CRIME.—Whoever commits, or 
conspires, threatens or attempts to commit, a gang crime 
for the purpose of furthering the activities of a criminal 
street gang, or gaining entrance to or maintaining or in-
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creasing position in such a gang, shall, in addition to being 
subject to a fine under this title—
‘‘(1) if the gang crime results in the death of 
any person, be sentenced to death or life in prison; 
‘‘(2) if the gang crime is kidnapping, aggra-
vated sexual abuse, or maiming, be imprisoned for 
life or any term of years not less than 30; 
‘‘(3) if the gang crime is assault resulting in se-
rious bodily injury (as defined in section 1365), be 
imprisoned for life or any term of years not less 
than 20; and 
‘‘(4) in any other case, be imprisoned for life or 
for any term of years not less than 10. 
‘‘(b) FORFEITURE.—
‘‘(1) IN GENERAL.—The court, in imposing sen-
tence on any person convicted of a violation of this 
section, shall order, in addition to any other sen-
tence imposed and irrespective of any provision of 
State law, that such person shall forfeit to the 
United States such person’s interest in—
‘‘(A) any property used, or intended to be 
used, in any manner or part, to commit, or to 
facilitate the commission of, the violation; and