[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3094 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3094

   To amend titles 18 and 28, United States Code, to inhibit further 
  intimidation of public officials within the United States, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2000

  Mr. Schumer introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend titles 18 and 28, United States Code, to inhibit further 
  intimidation of public officials within the United States, and for 
                            other purposes.

    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 ``Public Officials Protection Act of 
2000''.

SEC. 2. ATTEMPTS TO INTERFERE WITH THE PERFORMANCE OF A FEDERAL 
              OFFICIAL'S DUTIES.

    (a) In General.--Chapter 7 of title 18, United States Code, is 
amended by inserting after section 111 the following:
``Sec. 111A. Attempts to interfere with the performance of a Federal 
              official's duties
    ``(a)(1) Whoever corruptly or by force or threat of force 
(including any threatening letter or communication) intimidates or 
endeavors to intimidate any officer or employee, described in section 
1114 of this title, engaged in or on account of the performance of that 
officer or employee's official duties, or in any other way corruptly or 
by force or threat of force (including any threatening communication) 
obstructs or impedes, or endeavors to obstruct or impede, the 
performance of such officer's or employee's official duties, shall be 
fined under this title or imprisoned for not more than 5 years, or 
both.
    ``(2) In the case of an offense under this subsection which was 
committed after the defendant had previously been convicted of an 
earlier offense under this subsection, the defendant shall be fined 
under this title or imprisoned for not more than 10 years, or both.
    ``(3) The term `force', as used in this subsection, includes force 
directed at the person or property of an officer or employee described 
in section 1114 of this title, and force directed at the person or 
property of an immediate family member of such officer or employee as 
defined in section 115(c)(2) of this title.
    ``(b) Whoever, within the United States, files, or endeavors to 
file, in any public record, or in any private record which is generally 
available to the public, any lien, encumbrance, or other document that 
creates, or attempts to create, a cloud on the title of any real or 
personal property belonging in whole or in part to any officer or 
employee described in section 1114 of this title with intent to 
intimidate, obstruct, or impede such officer or employee in the 
performance of such officer's or employee's official duties, or with 
intent to retaliate against such officer or employee on account of the 
performance of such duties, and knowing or having reason to know that 
such lien, encumbrance, or other document is frivolous under Federal or 
State law shall be fined under this title or imprisoned for not more 
than 5 years, or both. In the case of an offense under this subsection 
which was committed after the defendant had previously been convicted 
of an earlier offense under this subsection, the defendant shall be 
fined under this title or imprisoned for not more than 10 years, or 
both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 18, United States Code, is amended by inserting 
after the item relating to section 111 the following new item:

``111A. Attempts to interfere with the performance of a Federal 
                            official's duties.''.

SEC. 3. ADDITIONAL PENALTY FOR FILING A FRIVOLOUS SUIT AGAINST AN 
              OFFICER OR EMPLOYEE OF THE UNITED STATES OR OF A STATE OR 
              POLITICAL SUBDIVISION THEREOF.

    (a) In General.--Chapter 163 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2466. Additional penalty for filing a frivolous civil suit 
              against an officer or employee of the United States or of 
              any agency of a State or political subdivision thereof
    ``In addition to any other remedy provided by law, should the court 
find that any civil action brought personally against any officer or 
employee described in section 1114 of title 18, United States Code, or 
any officer or employee of any agency of a State, or political 
subdivision thereof, is frivolous and was brought with intent to 
intimidate or obstruct such officer or employee in the performance of 
such officer's or employee's official duties, or with intent to 
retaliate against such officer or employee on account of the 
performance of such duties, the court shall, besides dismissing such 
action, assess against the party making such claim a civil penalty 
payable to the United States of not less than $2,500 or more than 
$25,000.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 163 of title 28, United States Code, is amended by adding at 
the end the following new item:

``2466. Additional penalty for filing a frivolous civil suit against an 
                            officer or employee of the United States or 
                            of any agency of a State or political 
                            subdivision thereof.''.

SEC. 4. ATTEMPTS TO INTERFERE WITH THE PERFORMANCE OF A STATE 
              OFFICIAL'S DUTIES.

    (a) In General.--Chapter 73 of title 18, United States Code, is 
amended by inserting after section 1518 the following:
``Sec. 1519. Attempts to interfere with the performance of a State 
              official's duties
    ``(a) Whoever in a circumstance described in subsection (b)--
            ``(1) files, or endeavors to file, in any public record, or 
        in any private record which is generally available to the 
        public, any lien, encumbrance, or other document that creates, 
        or attempts to create, a cloud on the title of any real or 
        personal property belonging in whole or in part to any officer 
        or employee of any agency of a State, or political subdivision 
        thereof, with intent to intimidate, obstruct, or impede such 
        officer or employee in the performance of such officer's or 
        employee's official duties, or with intent to retaliate against 
        such officer or employee on account of the performance of such 
        duties, and knowing or having reason to know that such lien, 
        encumbrance, or other document is frivolous under Federal or 
        State law; or
            ``(2) corruptly or by force or threat of force (including 
        any threatening letter or communication) intimidates or 
        endeavors to intimidate any officer or employee of any agency 
        of a State, or political subdivision thereof, engaged in or on 
        account of the performance of his official duties, or in any 
        other way corruptly or by force or threat of force (including 
        any threatening communication), obstructs or impedes, or 
        endeavors to obstruct or impede, the performance of such 
        officer's or employee's official duties,
shall be fined under this title or imprisoned for not more than 5 
years, or both; and if serious bodily injury results, shall be so fined 
or imprisoned for not more than 10 years, or both; and if death 
results, shall in addition to any fine under this title, also be 
subject to the death penalty or to imprisonment for any term of years 
or to life. In the case of an offense under this subsection which was 
committed after the defendant had previously been convicted of an 
earlier offense under this subsection, the defendant shall be fined 
under this title or imprisoned for not more than 10 years, or both; and 
if serious bodily injury results, shall be so fined or imprisoned for 
not more than 20 years, or both; and if death results, shall in 
addition to any fine under this title, also be subject to the death 
penalty or to imprisonment for any term of years or to life.
    ``(b) The circumstances referred to in subsection (a) are--
            ``(1) the mail or any facility of interstate or foreign 
        commerce is used in furtherance of the offense;
            ``(2) any offender travels in or causes another to travel 
        in interstate or foreign commerce in furtherance of the 
        offense; or
            ``(3) the offense obstructs, delays, or otherwise affects 
        interstate or foreign commerce, or would have so obstructed, 
        delayed, or affected interstate or foreign commerce if the 
        offense had been consummated.
    ``(c) Definitions.--As used in this section--
            ``(1) the term `State' includes a State of the United 
        States, the District of Columbia, a commonwealth, territory, or 
        possession of the United States;
            ``(2) the term `force' includes force directed at the 
        person or property of an officer or employee of any agency of a 
        State, or political subdivision thereof, and force directed at 
        the person or property of an immediate family member of such 
        officer or employee;
            ``(3) the term `serious bodily injury' has the meaning 
        given that term in section 2119 of this title; and
            ``(4) the term `immediate family member' has the meaning 
        given that term in section 115(c)(2) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 73 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1519. Attempts to interfere with the performance of a State 
                            official's duties.''.
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