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Introduced in House (11/02/1995)

[Congressional Bills 104th Congress] [From the U.S. Government Printing Office] [H.R. 2580 Introduced in House (IH)] 104th CONGRESS 1st Session H. R. 2580 To guarantee a republican form of government to the States by preventing paramilitary violence. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES November 2, 1995 Mr. Schumer (for himself and Mr. Conyers) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To guarantee a republican form of government to the States by preventing paramilitary violence. 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 ``Republican Form of Government Guarantee Act''. SEC. 2. FINDINGS. Congress finds that-- (1) section 4 of article IV of the Constitution provides that the United States shall guarantee a republican form of government to the States; (2) organized criminal actions are an increasing threat to the republican form of government in some States; (3) people who are responsible for upholding the laws of the United States and the several States, or people who assist them, have been threatened, harassed, and assaulted because of these activities; (4) this violence is having a chilling effect on the democratic process because Americans are afraid to participate in town hall meetings, express their views publicly, or take part in the political process; (5) most victims are targeted solely because of their views or activism on controversial political issues such as gun control, abortion, environmental matters, or the role of government in society; (6) this violence is causing a breakdown of law and order in many parts of the United States; (7) this violence has increased in part because of unfounded exaggerations about the impact of recent firearms laws such as the Brady Law and the ban on assault weapons, as well as baseless conspiracy theories regarding the government; and (8) the climate of violence created by these criminals threatens to undermine republican government in some States. SEC. 3. PROTECTION AGAINST ASSAULT. Section 111(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by inserting ``who is an officer or employee of any State or local government, is assisting such an officer or employee in the performance of official duty, or is'' after ``any person''; and (2) in paragraph (2), by striking ``designated in section 1114'' and inserting ``described in paragraph (1)''. SEC. 4. INCREASED PENALTIES. (a) Assault.--Section 111 of title 18, United States Code, is amended (1) in subsection (a), by striking ``shall, where'' and all that follows through the end of the subsection and inserting ``shall be punished as is provided in subsection (b)''; and (2) so that subsection (b) reads as follows: ``(b) Penalties.--Whoever is convicted of an offense under this section shall be fined under this title and imprisoned not less than 2 nor more than 3 years, except that-- ``(1) in the case of a second or subsequent offense the maximum term or imprisonment shall be not more than 5 years; and ``(2) in the case of an offense committed with a deadly weapon, the offender shall be imprisoned not less than 8 nor more than 10 years.''. (b) Extortion and Threats.-- (1) Interstate communications.--Section 875 of title 18, United States Code, is amended in subsection (c), by striking ``not more than five years, or both'' and inserting ``not less than 2 nor more than 5 years''. (2) Mailing threatening communications.--Section 876 of title 18, United States Code, is amended in the third undesignated paragraph, by striking ``not more than five years, or both'' and inserting ``not less than 2 nor more than 5 years''. SEC. 5. RIGHT TO PARTICIPATE IN A REPUBLICAN FORM OF GOVERNMENT; ENFORCEMENT. (a) Reaffirmation of Right.--Each person not otherwise disqualified, barred, or disabled by State or Federal law shall have the right to participate in a republican form of State government free from interference from unlawful violence and the reasonably perceived threat of unlawful violence. (b) Right To Participate Defined.--As used in subsection (a), the term ``right to participate in a republican form of State government'' means the right to-- (1) carry out the duties of a State, county, or local office to which the person has been duly elected or appointed; (2) lawfully assist any duly elected or appointed person described in paragraph (1) in carrying out such duties; (3) run for elective office, campaign for such office on one's own behalf, or campaign on behalf of another's candidacy, in accordance with applicable State and local laws; (4) initiate and campaign for any initiative, referendum, petition, or similar political exercise, in accordance with applicable State and local laws; (5) assemble peaceably to petition the Federal, State, or local government, or to attend any public forum concerning such Federal, State, or local government; and (6) exercise the rights guaranteed under article IV of the Constitution of the United States, and the 1st and 14th amendments thereto. (c) Enforcement.-- (1) In general.--A person whose right under subsection (a) is violated by any person or organization may bring an action in any United States district court against such other person or organization for damages, injunctive relief, and such other relief as the court deems appropriate. (2) Government remedy.--The chief executive officer of any State may bring an action in any United States district court located within that State for damages, injunctive relief, and such other relief as the court deems appropriate against any organization wherever located which unlawfully violates or which conspires, attempts, aids, or abets another person or organization to unlawfully violate the right under subsection (a) of any resident of that State. (3) Authority to award a reasonable attorney's fee.--In an action brought under paragraph (1) or (2), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney's fee as part of the costs. (4) Statute of limitations.--An action may not be brought under paragraph (1) or (2) after the 5-year period that begins with the date that the violation described in paragraph (1) is discovered. SEC. 6. LAW ENFORCEMENT TRAINING. The Attorney General, in consultation with the Secretaries of Treasury, Agriculture, and the Interior, shall develop and implement a training program for Federal law enforcement personnel to enable such personnel to deal more effectively with politically motivated violence. SEC. 7. FEDERAL PAYMENTS WITHHELD. (a) Complaint.--If an agency determines that in any county any of that agency's employees or agents is being unlawfully physically prevented or impeded, by employees or agents of a State, county, or local government, from carrying out lawful duties, the agency may file a complaint with the Attorney General. (b) Escrow.--The Attorney General shall investigate the complaint, and if the Attorney General finds the complaint is meritorious, the Attorney General may place in escrow any payments that otherwise would be made to that county under the Payments in Lieu of Taxes Act of 1976 (31 U.S.C. 6901 et seq.), until such time as the Attorney General is satisfied that such interference has ceased. (c) Rules.--The Attorney General shall make rules governing the procedures used to carry out this section. <all>