[Congressional Record Volume 147, Number 178 (Thursday, December 20, 2001)]
[Senate]
[Pages S14062-S14063]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                FEDERAL JUDICIARY PROTECTION ACT OF 2001

  Mr. REID. I ask unanimous consent the Senate proceed to the immediate 
consideration of Calendar No. 105, S. 1099.
  The PRESIDENT pro tempore. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1099) to increase the criminal penalty for 
     assaulting or threatening Federal judges or 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 that the Senate is passing the 
Smith-Leahy Federal Judiciary Protection Act, S. 1099.
  In the last two Congresses, I joined as an original cosponsor of 
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 public 
servants in our Federal government.
  Our bipartisan legislation would provide greater protection to 
Federal judges, law enforcement officers, and United States officials 
and their families. Federal law enforcement officers, under our bill, 
include United States Capitol Police Officers. United States officials, 
under our bill, include the President, Vice President, Cabinet 
Secretaries and Members of Congress.
  Specifically, our legislation would: increase the maximum prison term 
for forcible assaults, resistance, intimidation or interference with a 
Federal judge, law enforcement officer or United States official 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, law enforcement officer or United States official from 10 years 
imprisonment to 20 years; and increase the maximum prison term for 
threatening murder or kidnapping of a member of the immediate family of 
a Federal judge or law enforcement officer from 5 years imprisonment to 
10 years.
  Our bipartisan bill 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 government. Just a few months ago, I was saddened to read 
about death threats against my colleague from Vermont after his act of 
conscience in declaring himself an Independent.
  Senator Jeffords received multiple threats against his life, which 
forced around-the-clock police protection. These unfortunate threats 
made a difficult time even more difficult for Senator Jeffords and his 
family.
  We are seeing more violence and threats of violence against officials 
of our Federal government. In July, we commemorated the lives of two 
Capitol Police officers, Officer Jacob Chestnut and Detective John 
Gibson, who were slain in the line of duty in the Capitol Building in 
1998. A courtroom in Urbana, Illinois, was firebombed recently, 
apparently by a disgruntled litigant. And we also continue to mourn the 
victims of 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. As a federal law 
enforcement officer, Agent Pfeiffer and his family will receive greater 
protection under our bill.
  After the tragic events of September 11, it is even more important 
that we protect the dedicated women and men throughout the Federal 
Judiciary and Federal government 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, law enforcement officers and U.S. 
officials, to remind everyone in our democracy that these are people 
with children and parents and friends. They deserve our respect and our 
protection.
  Mr. REID. I ask unanimous consent the bill be read the third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements be printed in the Record.
  The PRESIDENT pro tempore. Without objection, the several requests 
are granted.
  The bill (S. 1099) was read the third time and passed, as follows:

                                S. 1099

       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 2001''.

     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''.

[[Page S14063]]

     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 redesignated by paragraph (1), 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 redesignated by paragraph (1), 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 authority of the court 
     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 the Federal sentencing guideline 
     sentences for the offense have been constrained by statutory 
     maximum penalties;
       (6) the extent to which the 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 the 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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