H10090 CONGRESSIONAL RECORD — HOUSE November 9, 2005 partnering with us and structuring this From the Committee on the Judici- The Clerk read the title of the bill. motion to instruct conferees. I want to ary, for consideration of the House bill The CHAIRMAN. Pursuant to the express appreciation to the gentleman (except section 132) and the Senate rule, the bill is considered read the from Wisconsin (Mr. SENSENBRENNER) amendment, and modifications com- first time. for his constructive comments and for mitted to conference: Messrs. SENSEN- The gentleman from Wisconsin (Mr. his support of the motion to instruct. BRENNER, COBLE, SMITH of Texas, SENSENBRENNER) and the gentlewoman The motion to instruct promotes ac- GALLEGLY, CHABOT, JENKINS, CONYERS, from Texas (Ms. JACKSON-LEE) each countability. It assures that we remain BERMAN, BOUCHER, and NADLER. will control 30 minutes. in a strong position in our oversight Provided that Mr. SCOTT of Virginia The Chair recognizes the gentleman function. Recent history clearly shows is appointed in lieu of Mr. NADLER for from Wisconsin (Mr. SENSENBRENNER). that in the absence of a near-term sun- consideration of sections 105, 109, 111– Mr. SENSENBRENNER. Mr. Chair- set we will not get answers to our ques- 114, 120, 121, 124, 131, and title II of the man, I yield myself such time as I may tions about how controversial law en- House bill, and modifications com- consume. forcement powers are being used. In mitted to conference. Mr. Chairman, I rise in support of the absence of a near-term sunset, we From the Permanent Select Com- H.R. 1751, the Secure Access to Justice cannot ensure that civil liberties are mittee on Intelligence, for consider- and Court Protection Act of 2005. being protected. ation of sections 102, 103, 106, 107, 109, Violent attacks and intimidation This is not a matter about what the and 132 of the House bill, and sections against courthouse personnel and law Department of Justice has done in the 2, 3, 6, 7, 9, and 10 of the Senate amend- enforcement officers present a threat past, and I differ with the gentleman ment, and modifications committed to to the integrity of the justice system from Wisconsin on this matter. This is conference: Mr. HOEKSTRA, Mrs. WILSON that Congress has a duty to confront. all about what the Department of Jus- of New Mexico, and Ms. HARMAN. The murder of family members of tice may do in the future. And having From the Committee on Energy and United States District Judge Joan near-term sunsets will ensure that we Commerce, for consideration of sec- Lefkow, the brutal slayings of Judge can perform oversight over that per- tions 124 and 231 of the House bill, and Rowland Barnes, his court reporter, his formance. modifications committed to con- deputy sheriff, and a Federal officer in Sunsets do not prevent law enforce- ference: Messrs. NORWOOD, SHADEGG, Atlanta, and the cold-blooded shoot- ment from using the broad powers the and DINGELL. ings outside the Tyler, Texas, court- PATRIOT Act confers, but sunsets pro- From the Committee on Financial house all underscore the need to pro- mote accountability. They ensure we Services, for consideration of section vide better protection for judges, get the information necessary to con- 117 of the House bill, and modifications courthouse personnel, witnesses, law duct oversight and to make decisions committed to conference: Messrs. enforcement and their family mem- about whether powers that are subject OXLEY, BACHUS, and FRANK of Massa- bers. to abuse should be contended. chusetts. This bill is an important bipartisan Adopt this motion, let us adopt the From the Committee on Homeland measure introduced by the gentleman Senate’s 4-year sunsets and, in doing Security, for consideration of sections from Texas (Mr. GOHMERT) and the gen- so, further the cause of protecting 127–129 of the House bill, and modifica- tleman from New York (Mr. WEINER). Americans’ civil liberties. Mr. Speaker, tions committed to conference: Messrs. It will help address the problem of vio- I urge approval of the motion to in- KING of New York, WELDON of Pennsyl- lence in and around our Nation’s court- struct. vania, and Ms. ZOE LOFGREN of Cali- houses. Mr. JONES of North Carolina. Mr. Speaker, fornia. Statistics show that aggravated as- I rise in support of this motion to instruct. There was no objection. saults against police officers are a seri- The American people want us to protect ous national problem. According to the them from the terrorists—but the American f Bureau of Justice Statistics, 52 law en- people also want us to protect their liberties GENERAL LEAVE forcement officers were killed in the and constitutional rights from an overreaching Mr. SENSENBRENNER. Mr. Speak- United States in 2002 and 56 were killed government. er, I ask unanimous consent that all in 2001. From 1994 through 2003 a total Our system of government is made up of Members may have 5 legislative days of 616 law enforcement officers were fe- checks and balances and this motion to in- within which to revise and extend their loniously killed in the line of duty. Ap- struct only expands these checks and bal- remarks and include extraneous mate- proximately 100 of these officers were ances. rial on H.R. 1751. murdered after being entrapped or am- A review every 4 years is the right action to The SPEAKER pro tempore. Is there bushed by their killers. These attacks assure American citizens that their civil lib- objection to the request of the gen- are simply unacceptable. erties are protected. tleman from Wisconsin? The lives of judicial personnel are Let me close with a quote attributed to Pat- There was no objection. also at great risk. According to the Ad- rick Henry: ministrative Office of the United f The Constitution is not an instrument for States Courts, Federal judges receive the government to restrain the people, it is SECURE ACCESS TO JUSTICE AND nearly 700 threats a year and several an instrument for the people to restrain the COURT PROTECTION ACT OF 2005 government—lest it come to dominate our Federal judges require security per- lives and interests. The SPEAKER pro tempore (Mrs. sonnel to protect them and their fami- lies from terrorist associates, violent I ask that we restore the Senate’s Sunsets CAPITO). Pursuant to House Resolution gangs, drug organizations and disgrun- in the Conference Report. 540 and rule XVIII, the Chair declares Mr. BOUCHER. Mr. Speaker, I yield the House in the Committee of the tled litigants. The intimidation of back the balance of my time. Whole House on the State of the Union judges directly assaults the impartial The SPEAKER pro tempore. Without for the consideration of the bill, H.R. administration of justice our Constitu- objection, the previous question is or- 1751. tion demands. Court witnesses are also at risk. dered on the motion to instruct. b 1610 There was no objection. Threats and intimidation toward wit- The SPEAKER pro tempore. The IN THE COMMITTEE OF THE WHOLE nesses continue to grow, particularly question is on the motion to instruct Accordingly, the House resolved at the State and local level. In 1996, a offered by the gentleman from Virginia itself into the Committee of the Whole witness intimidation study by the Jus- (Mr. BOUCHER). House on the State of the Union for the tice Department included that witness The motion was agreed to. consideration of the bill (H.R. 1751) to intimidation is a pervasive and insid- A motion to reconsider was laid on amend title 18, United States Code, to ious problem. No part of the country is the table. protect judges, prosecutors, witnesses, spared and no witness can feel entirely The SPEAKER pro tempore. Without victims, and their family members, and free or safe. objection, the Chair appoints the fol- for other purposes, with Mr. SIMPSON in Prosecutors interviewed in this study lowing conferees: the chair. estimated that witness intimidation VerDate Aug 31 2005 03:36 Nov 10, 2005 Jkt 049060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K09NO7.097 H09NOPT1 November 9, 2005 CONGRESSIONAL RECORD — HOUSE H10091 occurs in 75 to 100 percent of the vio- tem and the security of court and law Even with these valuable improve- lent crimes committed in some gang- enforcement personnel by supporting ments, however, the bill still suffers dominated neighborhoods. this vital and bipartisan legislation. from a number of fatal flaws, specifi- This bill passed the Committee on Mr. Chairman, I reserve the balance cally its inclusion of 16 mandatory the Judiciary by an overwhelming vote of my time. minimum sentences and its establish- of 26–5. The legislation enhances crimi- Ms. JACKSON-LEE of Texas. Mr. ment of one new death-penalty-eligible nal penalties for assaults and the kill- Chairman, I yield myself such time as offense. ing of Federal, State and local judges, I might consume. Let me comment briefly on those witnesses, law enforcement officers, It is, I think, a very clear statement mandatory sentences. Mandatory min- courthouse personnel and their family to make that we have faced extensive imum penalties have been studied ex- members. violence in our courts in recent times. tensively; and the vast majority of The problem of violence and threats available research clearly indicates b 1615 against judges, court officials, employ- that they do not, in many instances, It provides grants to State and local ees, witnesses, and victims is not a new work. Among many other things, they courts to improve security services and one, but one that is growing rapidly. have been shown to distort the sen- improves the ability of the United Recent events, including the killing tencing process to discriminate against States Marshals to protect the Federal of a Fulton County judge and other minorities in their application and to judiciary.