[Congressional Record Volume 146, Number 118 (Thursday, September 28, 2000)]
[Senate]
[Pages S9554-S9555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                FEDERAL JUDICIARY PROTECTION ACT OF 1999

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 731, S. 113.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 113) to increase the criminal penalties for 
     assaulting or threatening Federal judges, their family 
     members, and other public servants, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I am pleased to see the Federal Judiciary 
Protection Act finally being acted on by the Senate today. In the last 
Congress, I was pleased to cosponsor nearly identical legislation 
introduced by Senator Gordon Smith, which unanimously passed the Senate 
Judiciary Committee and the Senate but was not acted upon by the House 
of Representatives. I commend the Senator from Oregon for his continued 
leadership in protecting our Federal judiciary.
  Our bipartisan legislation would provide greater protection to 
Federal judges, law enforcement officers and their families. 
Specifically, our legislation would: increase the maximum prison term 
for forcible assaults, resistance, opposition, intimidation or 
interference with a Federal judge or law enforcement officer from 3 
years imprisonment to 8 years; increase the maximum prison term for use 
of a deadly weapon or infliction of bodily injury against a Federal 
judge or law enforcement officer from 10 years imprisonment to 20 
years; and increase the maximum prison term for threatening murder or 
kidnaping of a member of the immediate family of a Federal judge or law 
enforcement officer from 5 years imprisonment to 10 years. It has the 
support of the Department of Justice, the United States Judicial 
Conference, the United States Sentencing Commission and the United 
States Marshal Service.
  It is most troubling that the greatest democracy in the world needs 
this legislation to protect the hard working men and women who serve in 
our Federal judiciary and other law enforcement agencies. But, 
unfortunately, we are seeing more violence and threats of violence 
against officials of our Federal government.
  For example, a courtroom in Urbana, Illinois was firebombed last 
year, apparently by a disgruntled litigant. This

[[Page S9555]]

follows the horrible tragedy of the bombing of the federal office 
building in Oklahoma City in 1995. In my home state during the summer 
of 1997, a Vermont border patrol officer, John Pfeiffer, was seriously 
wounded by Carl Drega, during a shootout with Vermont and New Hampshire 
law enforcement officers in which Drega lost his life. Earlier that 
day, Drega shot and killed two state troopers and a local judge in New 
Hampshire. Apparently, Drega was bent on settling a grudge against the 
judge who had ruled against him in a land dispute.
  I had a chance to visit John Pfeiffer in the hospital and met his 
wife and young daughter. Thankfully, Agent Pfeiffer has returned to 
work along the Vermont border. As a federal law enforcement officer, 
Agent Pfeiffer and his family will receive greater protection under our 
bill.
  There is, of course, no excuse or justification for someone taking 
the law into their own hands and attacking or threatening a judge or 
law enforcement officer. Still, the U.S. Marshal Service is concerned 
with more and more threats of harm to our judges and law enforcement 
officers.
  The extreme rhetoric that some have used in the past to attack the 
judiciary only feeds into this hysteria. For example, one of the 
Republican leaders in the House of Representatives has been quoted as 
saying: ``The judges need to be intimidated,'' and if they do not 
behave, ``we're going to go after them in a big way.'' I know that this 
official did not intend to encourage violence against any Federal 
official, but this extreme rhetoric only serves to degrade Federal 
judges in the eyes of the public.
  Let none of us in the Congress contribute to the atmosphere of hate 
and violence. Let us treat the judicial branch and those who serve 
within it with the respect that is essential to preserving its public 
standing.
  We have the greatest judicial system in the world, the envy of people 
around the globe who are struggling for freedom. It is the independence 
of our third, co-equal branch of government that gives it the ability 
to act fairly and impartially. It is our judiciary that has for so long 
protected our fundamental rights and freedoms and served as a necessary 
check on overreaching by the other two branches, those more susceptible 
to the gusts of the political winds of the moment.
  We are fortunate to have dedicated women and men throughout the 
Federal Judiciary and law enforcement in this country who do a 
tremendous job under difficult circumstances. They are examples of the 
hard-working public servants that make up the federal government, who 
are too often maligned and unfairly disparaged. It is unfortunate that 
it takes acts or threats of violence to put a human face on the Federal 
Judiciary and other law enforcement officials, to remind everyone that 
these are people with children and parents and cousins and friends. 
They deserve our respect and our protection.
  I urge the House of Representatives to pass the Federal Judiciary 
Protection Act and look forward to its swift enactment into law.
  Mr. GRAMS. Mr. President, I ask unanimous consent that the bill be 
read the third time, and passed, the motion to reconsider be laid upon 
the table, and that any statements relating to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 113) was read the third time and passed, as follows:

                                 S. 113

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Judiciary Protection 
     Act of 1999''.

     SEC. 2. ASSAULTING, RESISTING, OR IMPEDING CERTAIN OFFICERS 
                   OR EMPLOYEES.

       Section 111 of title 18, United States Code, is amended--
       (1) in subsection (a), by striking ``three'' and inserting 
     ``8''; and
       (2) in subsection (b), by striking ``ten'' and inserting 
     ``20''.

     SEC. 3. INFLUENCING, IMPEDING, OR RETALIATING AGAINST A 
                   FEDERAL OFFICIAL BY THREATENING OR INJURING A 
                   FAMILY MEMBER.

       Section 115(b)(4) of title 18, United States Code, is 
     amended--
       (1) by striking ``five'' and inserting ``10''; and
       (2) by striking ``three'' and inserting ``6''.

     SEC. 4. MAILING THREATENING COMMUNICATIONS.

       Section 876 of title 18, United States Code, is amended--
       (1) by designating the first 4 undesignated paragraphs as 
     subsections (a) through (d), respectively;
       (2) in subsection (c), as so designated, by adding at the 
     end the following: ``If such a communication is addressed to 
     a United States judge, a Federal law enforcement officer, or 
     an official who is covered by section 1114, the individual 
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''; and
       (3) in subsection (d), as so designated, by adding at the 
     end the following: ``If such a communication is addressed to 
     a United States judge, a Federal law enforcement officer, or 
     an official who is covered by section 1114, the individual 
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.

     SEC. 5. AMENDMENT OF THE SENTENCING GUIDELINES FOR ASSAULTS 
                   AND THREATS AGAINST FEDERAL JUDGES AND CERTAIN 
                   OTHER FEDERAL OFFICIALS AND EMPLOYEES.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review and amend the Federal 
     sentencing guidelines and the policy statements of the 
     commission, if appropriate, to provide an appropriate 
     sentencing enhancement for offenses involving influencing, 
     assaulting, resisting, impeding, retaliating against, or 
     threatening a Federal judge, magistrate judge, or any other 
     official described in section 111 or 115 of title 18, United 
     States Code.
       (b) Factors for Consideration.--In carrying out this 
     section, the United States Sentencing Commission shall 
     consider, with respect to each offense described in 
     subsection (a)--
       (1) any expression of congressional intent regarding the 
     appropriate penalties for the offense;
       (2) the range of conduct covered by the offense;
       (3) the existing sentences for the offense;
       (4) the extent to which sentencing enhancements within the 
     Federal sentencing guidelines and the court's authority to 
     impose a sentence in excess of the applicable guideline range 
     are adequate to ensure punishment at or near the maximum 
     penalty for the most egregious conduct covered by the 
     offense;
       (5) the extent to which Federal sentencing guideline 
     sentences for the offense have been constrained by statutory 
     maximum penalties;
       (6) the extent to which Federal sentencing guidelines for 
     the offense adequately achieve the purposes of sentencing as 
     set forth in section 3553(a)(2) of title 18, United States 
     Code;
       (7) the relationship of Federal sentencing guidelines for 
     the offense to the Federal sentencing guidelines for other 
     offenses of comparable seriousness; and
       (8) any other factors that the Commission considers to be 
     appropriate.

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