Court Security Improvement Act of 2006

Bill: 109-hr-1751
Sponsor: Rep. Gohmert, Louie [R-TX-1]
Introduced: 2005-04-21 in the House
Policy area: Crime and Law Enforcement
Subjects: Administration of justice
Administrative procedure
Advice and consent of the Senate
Appellate courts
Appellate procedure
Armed Forces and National Security
Assault
Bankruptcy courts
Capital punishment
Child abuse
Civil Rights and Liberties, Minority Issues
Civil rights enforcement
Clergy
Computer security measures
Congress
Congressional reporting requirements
Conspiracy
Correctional personnel
Courthouses
Crime prevention
Criminal justice information
Criminal procedure
Criminal statistics
Data banks
Department of Justice
District courts
Economics and Public Finance
Electronic mail systems
Emergency Management
Executive reorganization
Facsimile transmission
Families
Federal aid to Indians
Federal aid to law enforcement
Federal employees
Federal law enforcement officers
Federal officials
Finance and Financial Sector
Financial disclosure
Fines (Penalties)
Fire fighters
Firearms
Fraud
Freedom of information
Gangs
Government Operations and Politics
Government ethics
Habeas corpus
Health
Homicide
Identification devices
Indian law enforcement
Informers
Injunctions
Internet
Judges
Judicial districts
Judicial officers
Judicial review
Juries
Jurisdiction
Kidnapping
Law
Law enforcement officers
Lawyers
Liens
Magistrates
Mandatory sentences
Military personnel
Minorities
Murder
Native Americans
Obstruction of justice
Organized crime
Paramedical personnel
Police
Presidential appointments
Prosecution
Protection of officials
Public prosecutors
Racism
Religion
Right of privacy
Science, Technology, Communications
Security measures
Sentences (Criminal procedure)
Social Welfare
Social security numbers
State courts
Supreme Court
Telephone
Terrorism
Victims of crimes
Violence
Volunteer workers
Weapons
White collar crime
Wireless communication
Witnesses

Summary:
action_date: 2005-04-21
text: 
Secure Access to Justice and Court Protection Act of 2005 - Amends the federal criminal code to increase penalties for assaulting, kidnapping, murdering, attempting or conspiring to kidnap or murder, or threatening to assault, kidnap, or murder a U.S. official or employee, a federal judge or law enforcement officer, or an immediate family member of such an individual.
 
 Subjects anyone who kills a current or former federally funded public safety officer performing official duties to the penalties applicable to killing a U.S. officer or employee performing official duties. Increases minimum terms of imprisonment for second degree murder and manslaughter. 
 
Increases penalties for: (1) influencing or injuring an officer or juror; and (2) tampering with or retaliating against a witness, victim, or informant. Includes intimidation of or retaliation against a witness, victim, juror, or informant within the definition of &quot;unlawful activity&quot; for purposes of the prohibition against interstate and foreign travel or transportation in aid of racketeering enterprises.
 
Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to states, local governments, and Indian tribes to create and expand witness protection programs; and (2) the Violent Crime Control and Law Enforcement Act of 1994 to authorize grants to states to create and expand witness and victim protection programs.
 
Prohibits: (1) filing in a publicly available record any false lien or encumbrance against the real or personal property of a federal judge, federal attorney, or public safety officer; or (2) making restricted personal information about specified covered officials publicly available through the Internet.

action_date: 2005-11-09
text: 
Secure Access to Justice and Court Protection Act of 2005 - (Sec. 2) Amends the federal criminal code to increase penalties for assaulting, kidnapping, or murdering a U.S. official, a federal judge or law enforcement officer, a federally funded public safety officer, or an immediate family member of such an individual.
 
(Sec. 3) Includes federally funded public safety officers within the scope of certain prohibitions against assault. Provides for enhanced penalties where the victim is a U.S. judge, a federal law enforcement officer, or a federally funded public safety officer.
 
 (Sec. 4) Subjects anyone who kills a current or former public safety officer performing official duties to a fine and imprisonment for not less than 30 years or life, or to the death penalty if death results and the offender is prosecuted as a principal. 
 
(Sec. 5) Increases minimum terms of imprisonment for second degree murder and manslaughter. 
 
(Sec. 6) Increases penalties for: (1) influencing or injuring an officer or juror; and (2) tampering with or retaliating against a witness, victim, or informant.
 
(Sec. 9) Includes intimidation of or retaliation against a witness, victim, juror, or informant within the definition of &quot;unlawful activity&quot; for purposes of the prohibition against interstate and foreign travel or transportation in aid of racketeering enterprises.
 
(Sec. 10) Allows a prosecution for retaliation to be brought in the district in which the official proceeding was intended to be affected or was completed or in which the conduct constituting the alleged offense occurred.
 
(Sec. 11) Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to authorize the Attorney General to make grants to states, local governments, and Indian tribes to create and expand witness protection programs. Authorizes the Attorney General to give preferential consideration to an application from a jurisdiction that: (1) has the greatest need; (2) has a serious violent crime problem; (3) has had instances of threats, intimidation, and retaliation against crime victims and witnesses; and (4) shares an international border and faces a demonstrable threat from cross border crime and violence. Authorizes appropriations for FY2006-FY2010.
 
(Sec. 12) Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize community-based justice grants to states to create and expand witness and victim protection programs. Authorizes appropriations.
 
(Sec. 13) Amends the federal judicial code to direct the United States Marshals Service to 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 Office of the measures the Service intends to take to meet those requirements.
 
(Sec. 14) Amends the federal criminal code to prohibit: (1) filing any false lien against the real or personal property of a federal officer or employee in a public record with intent to harass that person; and (2) possession of a dangerous weapon in a federal court facility.
 
(Sec. 16) Repeals the December 31, 2005, sunset date for federal financial disclosure requirements under the Ethics in Government Act of 1978.
 
(Sec. 17) Prohibits knowingly, and with intent to harm, intimidate, or retaliate against a covered official, making restricted personal information about that official publicly available through the Internet. Makes it a defense to a prosecution under this section that the defendant is a provider of Internet services and did not knowingly participate in the offense.
 
(Sec. 18) Amends the Safe Streets Act to treat courts as units of local governments for purposes of discretionary justice system improvement (Byrne) grants. Directs the Attorney General to ensure that a state, local government, or Indian tribe applying for a Department of Justice (DOJ) grant demonstrates that it considered the needs of the judicial branch and consulted with the chief judicial officer of the highest court of the state, local government, or tribe in developing the application and distributing funds.
 
(Sec. 19) Directs the Attorney General to submit to the House and Senate Judiciary Committees a report on the security of assistant U.S. attorneys and other federal attorneys arising from the prosecution of terrorists, white supremacists, and those who commit fraud and other white-collar offenses.
 
(Sec. 20) Prohibits moving or traveling in interstate or foreign commerce with intent to avoid prosecution, custody, or confinement after conviction for killing or attempting or conspiring to kill an individual involved in the control or reduction of crime and juvenile delinquency or law enforcement or a federal officer or employee or public safety officer. Provides for a minimum term of imprisonment of 10 years.
 
(Sec. 21) Establishes a mandatory minimum of 30 years' imprisonment for the murder or kidnapping of a U.S. judge or a federal law enforcement officer (or life imprisonment or the death penalty if death results).
 
(Sec. 22) Authorizes the presiding judge of a U.S. appellate or district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings (but sunsets that authority for a district court judge three years after this Act's enactment). Authorizes the Judicial Conference of the United States to promulgate advisory guidelines. Directs a district court to order the face and voice of a witness or juror to be obscured at such individual's request. 
 
(Sec. 23) Directs the Attorney General, through the Office of Justice Programs (OJP), to make grants to enable the highest courts in states participating in the program to assess and implement the essential elements for effective courtroom safety and security planning.
 
(Sec. 24) Authorizes appropriations for the Marshals Service for: (1) hiring entry-level deputy marshals to provide judicial security and senior-level deputy marshals to investigate threats and provide protective details to members of the judiciary and Assistant U.S. Attorneys; and (2) the Office of Protective Intelligence for hiring senior-level deputy marshals and program analysts and for providing secure computer systems.
 
(Sec. 25) Directs the Attorney General, through OJP, to make grants to enable the highest courts in states participating in the program to establish and maintain a threat assessment database through which a state can: (1) analyze trends and patterns in domestic terrorism 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 such probabilities. Requires the Attorney General to define a core set of data elements to be used by each database so that information can be effectively shared with other states and with DOJ. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 26) Authorizes the Director of the Bureau of Justice Assistance (BJA) to make grants to state and local prosecutors and law enforcement agencies in support of juvenile and young adult witness assistance programs. Authorizes the use of grant funds to: (1) assess witnesses' needs; and (2) develop and administer witness assistance services, including counseling services, education services, support for witnesses trying to leave a criminal gang and information to prevent initial gang recruitment, protective services, and community outreach and school-based initiatives that stimulate and maintain public awareness and support.
 
Requires: (1) state prosecutors and law enforcement agencies that receive funds to submit to the Director an annual progress report; and (2) the Director to submit to Congress an annual report on grant awards, grant recipient activities, statistical information, and program evaluation. Authorizes appropriations for FY2006-FY2008.
 
(Sec. 27) Amends the Safe Streets Act to authorize: (1) the Bureau of Justice Statistics to make justice improvement grants to state and local courts; (2) the Director of BJA to make formula grants and BJA to make discretionary grants under the Byrne program to state and local courts; and (3) the Director of BJA to make grants to purchase armor vests for state and local court officers. Amends the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make grants to state and local courts for demonstration programs and projects relating to child abuse and neglect.
 
(Sec. 28) Authorizes any U.S. justice or judge of a court created under article I of the Constitution, any bankruptcy or magistrate judge, any U.S. attorney, and any other DOJ officer or employee whose duties include representing the United States in court to carry firearms. Requires regulations prescribed by the Attorney General to provide for training and regular certification in their use.

action_date: 2006-12-06
text: 
Court Security Improvement Act of 2006 - 
Title I: Judicial Security Improvements and Funding
 - (Sec. 101) Amends the federal judicial code to direct the U.S. Marshals Service to consult with the Judicial Conference of the United States (Judicial Conference) on a continuing basis regarding the security requirements for the judicial branch. 
 
(Sec. 102) Amends the Ethics in Government Act of 1978 to extend the Judicial Conference's authority to redact information from the financial disclosure reports of federal judges to permit the redaction of information relating to family members of such judges.
 
(Sec. 103) Extends through 2009 the authority of the Judicial Conference to grant redactions of required information from federal judges' financial disclosure reports. 
 
(Sec. 104) Amends the federal judicial code and the Internal Revenue Code to authorize the U.S. Marshals Service to provide for the security of the Tax Court, its personnel, and other threatened persons where criminal intimidation impedes the functioning of the Court. 
 
(Sec. 105) Authorizes additional appropriations for FY2006-FY2010 to hire U.S. marshals to provide judicial security.
 

Title II: Criminal Law Enhancements to Protect Judges, Family Members, and Witnesses
 - (Sec. 201) Amends the federal criminal code to prohibit the filing (or conspiring or attempting to file) in any public record a false lien or encumbrance against the real or personal property of a federal officer or employee on account of the performance of official duties by such officer or employee knowing that such lien or encumbrance is materially false, fictitious, or fraudulent. Imposes a fine and/or prison term of up to 10 years for a violation.
 
(Sec. 202) Makes it a crime to knowingly publish restricted information (social security number, home address, home phone number, mobile phone number, personal email, or home fax number) about a covered official (federal officer or employee, a grand or petit juror, witness, or other officer serving a court) or immediate family member with the intent to threaten, intimidate, or incite a crime against such person or with the intent and knowledge that such information will be used to harm such person. Imposes a fine and/or prison term of up to five years for violations. 
 
(Sec. 203) Prohibits the possession of a dangerous weapon in a federal court facility.
 
(Sec. 204) Permits a criminal prosecution for retaliation against a witness to be brought in the district in which the official proceeding was intended to be affected, or in which the conduct constituting the retaliation occurred.
 
(Sec. 205) Increases criminal penalties for: (1) tampering with or retaliating against a witness, victim, or informant; and (2) voluntary and involuntary manslaughter.
 

Title III: Protecting State and Local Judges and Related Grant Programs 
- (Sec. 301) Amends the Violent Crime Control and Law Enforcement Act of 1994 to provide for grants to states, local governments, or Indian tribes to create and expand witness and victim protection programs. Authorizes appropriations for FY2006-FY2010.
 
(Sec. 302) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to makes state and local courts eligible for correctional options grants and armored vest grants.
 

Title IV: Law Enforcement Officers
 - (Sec. 401) Amends the federal criminal code to reduce the number of years retired law enforcement officers must serve in order to carry concealed weapons and to revise the identification requirements for such officers.
 
(Sec. 402) Directs the Attorney General, not later than 90 days after enactment of this Act, to submit to the House and Senate Committees on the Judiciary a report on the security of assistant U.S. attorneys arising from the prosecution of terrorists, violent gangs, drug traffickers, gun traffickers, white supremacists, and those who commit fraud and other white-collar offenses, and other criminal cases.
 
(Sec. 403) Directs the Comptroller General to begin, not later than six months after enactment of this Act, a study of the number of active and retired law enforcement officers carrying concealed weapons.
 
 
Title V: Miscellaneous Provisions
 - (Sec. 501) Allows the U.S. Sentencing Commission to enter into multi-year procurement contracts.
 
(Sec. 502) Extends certain life insurance benefits to bankruptcy, magistrate, and territorial judges.
 
(Sec. 503) Amends the federal judicial code to grant certain senior judges the power the participate in the appointment of court officers and magistrates, rulemaking, governance, and administrative powers.
 
(Sec. 504) Amends the federal judicial code to grant certain senior judges all powers of active judges, including the power to participate in the appointment of court officers and magistrates, rulemaking, governance, and administrative matters.
 
(Sec. 505) Reauthorizes the Office of Government Ethics through FY2011.
 
(Sec. 506) Requires the Director of the Bureau of Prisons to conduct a pilot program in FY2007-FY2008 for home detention of certain nonviolent offenders age 60 or older.


Legislative actions:
action_date: 2006-12-07
text: Message on Senate action sent to the House.
action_date: 2006-12-06
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2006-12-06
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2006-12-06
text: Measure laid before Senate by unanimous consent. (consideration: CR 12/7/2006 S11386-11387)
action_date: 2006-12-06
text: Senate Committee on the Judiciary discharged by Unanimous Consent.
action_date: 2006-12-06
text: Senate Committee on the Judiciary discharged by Unanimous Consent.
action_date: 2005-11-10
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2005-11-09
text: The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1751.
action_date: 2005-11-09
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-11-09
text: On passage Passed by the Yeas and Nays: 375 - 45 (Roll no. 585).
action_date: 2005-11-09
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 375 - 45 (Roll no. 585).
action_date: 2005-11-09
text: On motion to recommit with instructions Failed by recorded vote: 201 - 221 (Roll no. 584).
action_date: 2005-11-09
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H10107)
action_date: 2005-11-09
text: DEBATE - The House proceeded with 10 minutes of debate on the Higgins motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back with an amendment adding a new section providing for prohibition of profiteering and fraud in connection with military actions and disaster relief.
action_date: 2005-11-09
text: Mr. Higgins moved to recommit with instructions to Judiciary. (consideration: CR H10106-10108; text: CR H10106)
action_date: 2005-11-09
text: The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2005-11-09
text: The previous question was ordered pursuant to the rule. (consideration: CR H10106)
action_date: 2005-11-09
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1751.
action_date: 2005-11-09
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of the Scott (VA) amendment which had been debated earlier and on which further proceedings had been postponed.
action_date: 2005-11-09
text: DEBATE - Pursuant to H. Res. 540, the Committee of the Whole proceeded with 10 minutes of debate on the King (IA) amendment.
action_date: 2005-11-09
text: DEBATE - Pursuant to H. Res. 540, the Committee of the Whole proceeded with 10 minutes of debate on the Weiner amendment.
action_date: 2005-11-09
text: DEBATE - Pursuant to H. Res. 540, the Committee of the Whole proceeded with 10 minutes of debate on the Filner amendment.
action_date: 2005-11-09
text: DEBATE - Pursuant to H. Res. 540, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.
action_date: 2005-11-09
text: DEBATE - Pursuant to H. Res. 540, the Committee of the Whole proceeded with 10 minutes of debate on the Cuellar amendment.
action_date: 2005-11-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Scott (VA) amendment until later in the legislative day.
action_date: 2005-11-09
text: DEBATE - Pursuant to H. Res. 540, the Committee of the Whole proceeded with 10 minutes of debate on the Scott (VA) amendment.
action_date: 2005-11-09
text: DEBATE - Pursuant to H. Res. 540, the Committee of the Whole proceeded with 10 minutes of debate on the Scott (VA) amendment.
action_date: 2005-11-09
text: DEBATE - Pursuant to H. Res. 540, the Committee of the Whole proceeded with 10 minutes of debate on the Sensenbrenner amendment.
action_date: 2005-11-09
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1751.
action_date: 2005-11-09
text: The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.
action_date: 2005-11-09
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 540 and Rule XVIII.
action_date: 2005-11-09
text: Rule provides for consideration of H.R. 1751 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order.
action_date: 2005-11-09
text: Considered under the provisions of rule H. Res. 540. (consideration: CR H10090-10108; text of measure as reported in House: CR H10095-10099)
action_date: 2005-11-09
text: Rule H. Res. 540 passed House.
action_date: 2005-11-08
text: Rules Committee Resolution H. Res. 540 Reported to House. Rule provides for consideration of H.R. 1751 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order.
action_date: 2005-11-07
text: Placed on the Union Calendar, Calendar No. 148.
action_date: 2005-11-07
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-271.
action_date: 2005-11-07
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-271.
action_date: 2005-10-27
text: Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 5.
action_date: 2005-10-27
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-06-30
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
action_date: 2005-06-30
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2005-04-26
text: Subcommittee Hearings Held.
action_date: 2005-04-26
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2005-04-21
text: Referred to the House Committee on the Judiciary.
action_date: 2005-04-21
text: Introduced in House
action_date: 2005-04-21
text: Introduced in House