[Congressional Record Volume 142, Number 62 (Tuesday, May 7, 1996)]
[House]
[Pages H4466-H4467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONSIDERATION OF H.R. 3120 REGARDING WITNESS RETALIATION, 
                 WITNESS TAMPERING, AND JURY TAMPERING

  Ms. GREENE of Utah. Mr. Speaker, by direction of the Committee on 
Rules, I call up House Resolution 422 and ask for its immediate 
consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 422

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 1(b) of rule 
     XXIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 3120) to amend title 18, United States Code, 
     with respect to witness retaliation, witness tampering and 
     jury tampering. The first reading of the bill shall be 
     dispensed with. Points of order against consideration of the 
     bill for failure to comply with clause 7 of rule XIII are 
     waived. General debate shall be confined to the bill and 
     shall not exceed one hour equally divided and controlled by 
     the chairman and ranking minority member of the Committee on 
     the Judiciary. After general debate the bill shall be 
     considered for amendment under the five-minute rule. It shall 
     be in order to consider as an original bill for the purpose 
     of amendment under the five-minute rule the amendment in the 
     nature of a substitute recommended by the Committee on the 
     Judiciary now printed in the bill. The committee amendment in 
     the nature of a substitute shall be considered as read. 
     During consideration of the bill for amendment, the Chairman 
     of the Committee of the Whole may accord priority in 
     recognition on the basis of whether the Member offering an 
     amendment has caused it to be printed in the portion of the 
     Congressional Record designated for that purpose in clause 6 
     of rule XXIII. Amendments so printed shall be considered as 
     read. At the conclusion of consideration of the bill for 
     amendment the Committee shall rise and report the bill to the 
     House with such amendments as may have been adopted. Any 
     Member may demand a separate vote in the House on any 
     amendment adopted in the Committee of the Whole to the bill 
     or to the committee amendment in the nature of a substitute. 
     The previous question shall be considered as ordered on the 
     bill and amendments thereto to final passage without 
     intervening motion except one motion to recommit with or 
     without instructions.

  The SPEAKER pro tempore (Mr. Foley). The gentlewoman from Utah [Ms. 
Greene] is recognized for 1 hour.
  Ms. GREENE of Utah. Mr. Speaker, for the purpose of debate only, I 
yield the customary 30 minutes to the gentleman from California [Mr. 
Beilenson], pending which I yield myself such time as I may consume. 
During consideration of this resolution, all time yielded is for the 
purpose of debate only.
  Mr. Speaker, House Resolution 422 provides for consideration of H.R. 
3120, a bill to prevent jury and witness tampering, and witness 
retaliation. House Resolution 422 provides for an open rule, with 
priority recognition given to Members who have had their amendments 
preprinted in the Congressional Record. The rule provides for 1 hour of 
general debate, and one motion to recommit with or without 
instructions.
  Congress has a fundamental responsibility to help ensure that 
Americans feel safe in their homes, their neighborhoods, and at work. 
As part of our efforts to crack down on violent crime, criminal 
sentences have been increased in recent years to help ensure that we 
keep these criminal elements off the streets. However, as sentences for 
many violent crimes have increased, sentences for witness and jury 
tampering have not kept pace. Current law provides for a maximum 
penalty of only 10 years for persons convicted of that crime. 
Consequently, a defendant facing a Federal criminal sentence of more 
than 10 years may feel it is in their interest to attempt to intimidate 
a witness, or tamper with a jury, since the penalty for that crime is 
less than the underlying offense. H.R. 3120 will help to correct this 
situation by increasing the penalty for witness and jury tampering and 
retaliation.
  Recognizing the need to address this issue, H.R. 3120 was reported 
out of committee with broad, bipartisan support. During consideration 
of a rule for H.R. 3120 in the Rules Committee, we learned that there 
are some Members who are concerned that the bill, as drafted, may be 
open to incorrect interpretations or applications. Consequently, the 
Rules Committee has reported out an open rule in order to give these 
Members an opportunity to offer amendments to attempt to clarify these 
points.

[[Page H4467]]

  Mr. Speaker, this is an open rule, providing for fair consideration 
of a bill that sends a clear message to criminals that we will not 
tolerate witness intimidation or jury tampering. I urge my colleagues 
to support the rule and the underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BEILENSON. Mr. Speaker, I thank the gentlewoman from Utah [Ms. 
Greene] for yielding the customary half hour of debate time to me and I 
yield myself such time as I may consume.
  We support--we welcome--this open rule for the consideration of H.R. 
3120, legislation that would increase penalties for witness retaliation 
and jury tampering.
  This is one in a series of popular, and relatively modest, anticrime 
bills reported by the Judiciary Committee, two of which the Rules 
Committee granted open rules for last week.
  We congratulate the majority for finding bills they are willing to 
bring to the floor without restrictions-even though we do wish that 
some of these open rules had been provided for bills that are more 
substantial than the two narrowly drawn pieces of legislation we shall 
be debating today.
  Some Members are concerned about the provisions of the bill the rule 
makes in order. As several members of the Judiciary Committee noted in 
dissenting views, they do not oppose severe penalties for those who 
intimidate, tamper with or retaliate against witnesses or jurors.
  They do, however, believe current law may be adequate, and question 
the need for these enhanced penalties. There is also a fear that the 
severe penalties may be disproportionate to the crime and could lead to 
results that are unjust.
  In any event, Mr. Speaker, we support this open rule for H.R. 3120. I 
urge my colleagues to approve the rule so that we can move on to the 
debate over the specific provisions of this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Ms. GREENE of Utah. Mr. Speaker, we have no additional requests for 
time. I yield back the balance of my time, and I move the previous 
question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

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