Date: Wed, 23 Oct 96 14:38:35 PST
From: [r--c] at [xpresso.seaslug.org] (Bill Vance)
Subject: Attack on Free Speech -- HR 2580 (fwd)

On Oct 23, Gene Gross wrote:

[-------------------- text of forwarded message follows --------------------]

Republican Form of Government Guarantee 
Act (Introduced in the House) 


HR 2580 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.

[------------------------- end of forwarded message ------------------------]

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An _EFFECTIVE_  | Insured  | If Guns are     | Let he who hath no  | Keep
weapon in every | by COLT; | outlawed, only  | weapon sell his     | Your
hand = Freedom  |   DIAL   | RIGHT WINGERS   | garment and buy a   | Powder
on every side!  | 1911-A1. | will have Guns. | sword. Jesus Christ | Dry.