Statement of Administration Policy: S. 378 - Court Security Improvement Act of 2007

STATEMENT OF ADMINISTRATION POLICY

(Senate)

(Sen. Leahy (D) Vermont and 9 cosponsors)

The Administration supports Senate passage of S. 378 to strengthen judicial security. The legislation would enhance the ability of the Federal government to prosecute individuals who attack or threaten participants in the Nation's judicial system, including judges, lawyers, witnesses, and law enforcement officers. A Nation founded on the rule of law must protect the integrity of its judicial system, which must apply the law without fear or favor. The Administration also supports the provision to prohibit the filing of false liens against judges, prosecutors, and other government officials to retaliate against them for the performance of their official duties.

The Administration does not believe the provision requiring consultation between the Federal courts and the Marshals Service is necessary, as such consultation occurs on a regular basis all around the country. Also, while the Administration does not oppose adding the U.S. Tax Court as a United States Marshals Service protectee, the Administration believes that it would be most appropriate for this additional responsibility to be accompanied by a statutorily required reimbursement from the United States Tax Court. In the absence of such a reimbursement, the United States Marshals Service will be unable to support this additional responsibility without significant degradation of its current mission and initiatives. Finally, the Administration is concerned that the bill attempts to address a perceived need for funding by adding new uses to existing, stovepiped grant programs. The Administration believes that these funding needs can be addressed more effectively through the competitive, consolidated grant structure proposed in the President's Budget for FY 2008.

The Administration looks forward to continuing to work with Congress to address constitutional issues raised by certain provisions of this bill and to enhance judicial security through this bill and other measures.