In the Senate of the United States,
December 17, 2007.
Resolved, That the bill from the House of Representa-
tives (H.R. 660) 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 2007’’.
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:
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‘‘(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:
‘‘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
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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 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 the United States Tax Court, as pro-
vided by law’’.
(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, when requested
by the chief judge of the Tax Court, for the security of the
Tax Court, including the personal protection of Tax Court
judges, court officers, witnesses, and other threatened per-
sons in the interests of justice, where criminal intimidation
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impedes on the functioning of the judicial process or any
other official proceeding. The United States Marshals Serv-
ice retains final authority regarding security requirements
for the Tax Court.’’.
(c) REIMBURSEMENT.—The United States Tax Court
shall reimburse the United States Marshals Service for pro-
tection provided under the amendments made by this sec-
tion.
SEC. 103. 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 $20,000,000 for each of fiscal years 2007
through 2011 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, assistant
United States attorneys, and other attorneys em-
ployed by the Federal Government; and
(3) for the Office of Protective Intelligence, for
hiring senior-level deputy marshals, hiring program
analysts, and providing secure computer systems.
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SEC. 104. FINANCIAL DISCLOSURE REPORTS.
Section 105(b)(3) of the Ethics in Government Act of
1978 (5 U.S.C. App) is amended by striking ‘‘2009’’ each
place it appears and inserting ‘‘2011’’.
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:
‘‘§ 1521. Retaliating against a Federal judge or Fed-
eral 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:
‘‘§ 119. Protection of individuals performing certain
official duties
‘‘(a) IN GENERAL.—Whoever knowingly makes re-
stricted personal information about a covered person, or a
member of the immediate family of that covered person,
publicly available—
‘‘(1) with the intent to threaten, intimidate, or
incite the commission of a crime of violence against
that covered person, or a member of the immediate
family of that covered person; 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 person, or a member of
the immediate family of that covered person,
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(1) in subsection (a)(3)—
(A) by amending subparagraph (A) to reads
as follows:
‘‘(A) in the case of a killing, the punishment pro-
vided in sections 1111 and 1112;’’;
(B) in the matter following clause (ii) of
subparagraph (B) by striking ‘‘20 years’’ and
inserting ‘‘30 years’’; and
(C) in subparagraph (C), by striking ‘‘10
years’’ and inserting ‘‘20 years’’;
(2) in subsection (b), by striking ‘‘ten years’’ and
inserting ‘‘20 years’’; and
(3) 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)—
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(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
(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 ‘‘15
years’’; and
(2) by striking ‘‘six years’’ and inserting ‘‘8
years’’.
SEC. 208. ASSAULT PENALTIES.
(a) IN GENERAL.—Section 115(b) of title 18, United
States Code, is amended by striking ‘‘(1)’’ and all that fol-
lows through the end of paragraph (1) and inserting the
following: ‘‘(1) The punishment for an assault in violation
of this section is—
‘‘(A) a fine under this title; and
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‘‘(B)(i) if the assault consists of a simple assault,
a term of imprisonment for not more than 1 year;
‘‘(ii) if the assault involved physical contact with
the victim of that assault or the intent to commit an-
other felony, a term of imprisonment for not more
than 10 years;
‘‘(iii) if the assault resulted in bodily injury, a
term of imprisonment for not more than 20 years; or
‘‘(iv) if the assault resulted in serious bodily in-
jury (as that term is defined in section 1365 of this
title, and including any conduct that, if the conduct
occurred in the special maritime and territorial juris-
diction of the United States, would violate section
2241 or 2242 of this title) or a dangerous weapon was
used during and in relation to the offense, a term of
imprisonment for not more than 30 years.’’.
(b) CONFORMING AMENDMENT.—Section 111(a) of
title 18, United States Code, is amended by striking ‘‘in
all other cases’’ and inserting ‘‘where such acts involve
physical contact with the victim of that assault or the intent
to commit another felony’’.
SEC. 209. DIRECTION TO THE SENTENCING COMMISSION.
The United States Sentencing Commission is directed
to review the Sentencing Guidelines as they apply to threats
punishable under section 115 of title 18, United States
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Code, that occur over the Internet, and determine whether
and by how much that circumstance should aggravate the
punishment pursuant to section 994 of title 28, United
States Code. In conducting the study, the Commission shall
take into consideration the number of such threats made,
the intended number of recipients of such threats, and
whether the initial senders of such threats were acting in
an individual capacity or as part of a larger group.
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 at
the end 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
protection programs to prevent threats, intimidation,
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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 2008 through 2012 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
(2) in subsection (b), by adding at the end the
following:
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‘‘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—
(1) by striking ‘‘80’’ and inserting ‘‘70’’;
(2) by striking ‘‘and 10’’ and inserting ‘‘10’’;
and
(3) by 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
(3) consulted with the chief law enforcement offi-
cer of the law enforcement agency responsible for the
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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)
with secure parking facilities, and how priorities for
such facilities are established—
(A) among Federal employees within the fa-
cility;
(B) among Department of Justice employees
within the facility; and
(C) among attorneys within the facility.
(7) The frequency attorneys handling prosecu-
tions described in subsection (a) 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 fa-
cilities.
(8) With respect to attorneys who are licensed
under State laws to carry firearms, the policy of the
Department of Justice as to—
(A) carrying the firearm between available
parking and office buildings;
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(B) securing the weapon at the office build-
ings; and
(C) equipment and training provided to fa-
cilitate safe storage at Department of Justice fa-
cilities.
(9) The offices in the Department of Justice that
are responsible for ensuring the security of attorneys
handling prosecutions described in subsection (a), the
organization and staffing of the offices, and the man-
ner in which the offices coordinate with offices in spe-
cific districts.
(10) The role, if any, that the United States
Marshals Service or any other Department of Justice
component plays in protecting, or providing security
services or training for, attorneys handling prosecu-
tions described in subsection (a).
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 501. EXPANDED PROCUREMENT AUTHORITY FOR THE
UNITED STATES SENTENCING COMMISSION.
(a) IN GENERAL.—Section 995 of title 28, United
States Code, is amended by adding at the end the following:
‘‘(f) The Commission may—
‘‘(1) use available funds to enter into contracts
for the acquisition of severable services for a period
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that begins in 1 fiscal year and ends in the next fiscal
year, to the same extent as executive agencies may
enter into such contracts under the authority of sec-
tion 303L of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 253l);
‘‘(2) enter into multi-year contracts for the ac-
quisition of property or services to the same extent as
executive agencies may enter into such contracts
under the authority of section 304B of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 254c); and
‘‘(3) make advance, partial, progress, or other
payments under contracts for property or services to
the same extent as executive agencies may make such
payments under the authority of section 305 of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 255).’’.
(b) SUNSET.—The amendment made by subsection (a)
shall cease to have force and effect on September 30, 2010.
SEC. 502. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL
JUDGES LIFE INSURANCE.
(a) IN GENERAL.—Section 604(a)(5) of title 28,
United States Code, is amended by inserting after ‘‘hold
office during good behavior,’’ the following: ‘‘magistrate
judges appointed under section 631 of this title, and terri-
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torial district court judges appointed under section 24 of
the Organic Act of Guam (48 U.S.C. 1424b), section 1(b)
of the Act of November 8, 1977 (48 U.S.C. 1821), or section
24(a) of the Revised Organic Act of the Virgin Islands (48
U.S.C. 1614(a)),’’.
(b) BANKRUPTCY JUDGES.—
(1) IN GENERAL.—The Director of the Adminis-
trative Office of the United States Courts, upon au-
thorization by the Judicial Conference of the United
States and subject to the availability of appropria-
tions, shall pay on behalf of bankruptcy judges ap-
pointed under section 152 of title 28, United States
Code, aged 65 or over, any increases in the cost of
Federal Employees’ Group Life Insurance imposed
after April 24, 1999, including any expenses gen-
erated by such payments.
(2) IMPLEMENTATION.—Any payment authorized
by the Judicial Conference of the United States under
paragraph (1) shall apply with respect to any pay-
ment made on or after the first day of the first appli-
cable pay period beginning on or after the date of
that authorization.
(c) CONSTRUCTION.—For purposes of construing and
applying chapter 87 of title 5, United States Code, includ-
ing any adjustment of insurance rates by regulation or oth-
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erwise, the following categories of judicial officers shall be
deemed to be judges of the United States as described under
section 8701 of title 5, United States Code:
(1) Bankruptcy judges appointed under section
152 of title 28, United States Code.
(2) Magistrate judges appointed under section
631 of title 28, United States Code.
(3) Territorial district court judges appointed
under section 24 of the Organic Act of Guam (48
U.S.C. 1424b), section 1(b) of the Act of November 8,
1977 (48 U.S.C. 1821), or section 24(a) of the Revised
Organic Act of the Virgin Islands (48 U.S.C.
1614(a)).
(4) Judges retired under section 377 of title 28,
United States Code.
(5) Judges retired under section 373 of title 28,
United States Code.
(d) EFFECTIVE DATE.—Subsection (c) and the amend-
ment made by subsection (a) shall apply with respect to
any payment made on or after the first day of the first
applicable pay period beginning on or after the date of en-
actment of this Act.
SEC. 503. ASSIGNMENT OF JUDGES.
Section 296 of title 28, United States Code, is amended
by inserting at the end of the second undesignated para-
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graph the following new sentence: ‘‘However, a district
judge who has retired from regular active service under sec-
tion 371(b) of this title, when designated and assigned to
the court to which such judge was appointed, having per-
formed in the preceding calendar year an amount of work
equal to or greater than the amount of work an average
judge in active service on that court would perform in 6
months, and having elected to exercise such powers, shall
have the powers of a judge of that court to participate in
appointment of court officers and magistrate judges, rule-
making, governance, and administrative matters.’’.
SEC. 504. SENIOR JUDGE PARTICIPATION IN THE SELEC-
TION OF MAGISTRATE JUDGES.
Section 631(a) of title 28, United States Code, is
amended by striking ‘‘Northern Mariana Islands’’ the first
place it appears and inserting ‘‘Northern Mariana Islands
(including any judge in regular active service and any
judge who has retired from regular active service under sec-
tion 371(b) of this title, when designated and assigned to
the court to which such judge was appointed)’’.
SEC. 505. GUARANTEEING COMPLIANCE WITH PRISONER
PAYMENT COMMITMENTS.
Section 3624(e) of title 18, United States Code, is
amended by striking the last sentence and inserting the fol-
lowing: ‘‘Upon the release of a prisoner by the Bureau of
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Prisons to supervised release, the Bureau of Prisons shall
notify such prisoner, verbally and in writing, of the require-
ment that the prisoner adhere to an installment schedule,
not to exceed 2 years except in special circumstances, to
pay for any fine imposed for the offense committed by such
prisoner, and of the consequences of failure to pay such fines
under sections 3611 through 3614 of this title.’’.
SEC. 506. STUDY AND REPORT.
The Attorney General shall study whether the generally
open public access to State and local records imperils the
safety of the Federal judiciary. Not later than 18 months
after the enactment of this Act, the Attorney General shall
report to Congress the results of that study together with
any recommendations the Attorney General deems nec-
essary.
SEC. 507. REAUTHORIZATION OF FUGITIVE APPREHENSION
TASK FORCES.
Section 6(b) of the Presidential Threat Protection Act
of 2000 (28 U.S.C. 566 note; Public Law 106–544) is
amended—
(1) by striking ‘‘and’’ after ‘‘fiscal year 2002,’’;
and
(2) by inserting ‘‘, and $10,000,000 for each of
fiscal years 2008 through 2012’’ before the period.
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SEC. 508. INCREASED PROTECTION OF FEDERAL JUDGES.
(a) MINIMUM DOCUMENT REQUIREMENTS.—
(1) MINIMUM REQUIREMENTS.—For purposes of
section 202(b)(6) of the REAL ID Act of 2005(49
U.S.C. 30301 note), a State may, in the case of an
individual described in subparagraph (A) or (B) of
paragraph (2), include in a driver’s license or other
identification card issued to that individual by the
State, the address specified in that subparagraph in
lieu of the individual’s address of principle residence.
(2) INDIVIDUALS AND INFORMATION.—The indi-
viduals and addresses referred to in paragraph (1)
are the following:
(A) In the case of a Justice of the United
States, the address of the United States Supreme
Court.
(B) In the case of a judge of a Federal
court, the address of the courthouse.
(b) VERIFICATION OF INFORMATION.—For purposes of
section 202(c)(1)(D) of the REAL ID Act of 2005 (49
U.S.C. 30301 note), in the case of an individual described
in subparagraph (A) or (B) of subsection (a)(2), a State
need only require documentation of the address appearing
on the individual’s driver’s license or other identification
card issued by that State to the individual.
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SEC. 509. FEDERAL JUDGES FOR COURTS OF APPEALS.
(a) IN GENERAL.—Section 44(a) of title 28, United
States Code, is amended in the table—
(1) in the item relating to the District of Colum-
bia Circuit, by striking ‘‘12’’ and inserting ‘‘11’’; and
(2) in the item relating to the Ninth Circuit, by
striking ‘‘28’’ and inserting ‘‘29’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a)(2) shall take effect on January 21, 2009.
SEC. 510. NATIONAL INSTITUTE OF JUSTICE STUDY AND
REPORT.
(a) STUDY REQUIRED.—The Director of the National
Institute of Justice (referred to in this section as the ‘‘Direc-
tor’’) shall conduct a study to determine and compile the
collateral consequences of convictions for criminal offenses
in the United States, each of the 50 States, each territory
of the United States, and the District of Columbia.
(b) ACTIVITIES UNDER STUDY.—In conducting the
study under subsection (a), the Director shall identify any
provision in the Constitution, statutes, or administrative
rules of each jurisdiction described in that subsection that
imposes collateral sanctions or authorizes the imposition of
disqualifications, and any provision that may afford relief
from such collateral sanctions and disqualifications.
(c) REPORT.—
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(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Director shall
submit to Congress a report on the activities carried
out under this section.
(2) CONTENTS.—The report submitted under
paragraph (1) shall include a compilation of cita-
tions, text, and short descriptions of any provision
identified under subsection (b).
(3) DISTRIBUTION.—The report submitted under
paragraph (1) shall be distributed to the legislature
and chief executive of each of the 50 States, each terri-
tory of the United States, and the District of Colum-
bia.
(d) DEFINITIONS.—In this section:
(1) COLLATERAL CONSEQUENCE.—The term ‘‘col-
lateral consequence’’ means a collateral sanction or a
disqualification.
(2) COLLATERAL SANCTION.—The term ‘‘collat-
eral sanction’’—
(A) means a penalty, disability, or dis-
advantage, however denominated, that is im-
posed by law as a result of an individual’s con-
viction for a felony, misdemeanor, or other of-
fense, but not as part of the judgment of the
court; and
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(B) does not include a term of imprison-
ment, probation, parole, supervised release, fine,
assessment, forfeiture, restitution, or the costs of
prosecution.
(3) DISQUALIFICATION.—The term ‘‘disqualifica-
tion’’ means a penalty, disability, or disadvantage,
however denominated, that an administrative agency,
official, or a court in a civil proceeding is authorized,
but not required, to impose on an individual con-
victed of a felony, misdemeanor, or other offense on
grounds relating to the conviction.
SEC. 511. TECHNICAL AMENDMENT.
Section 2255 of title 28, United States Code, is amend-
ed by designating the 8 undesignated paragraphs as sub-
sections (a) through (h), respectively.
Attest:
Secretary.