[Senate Report 107-53]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 105
107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-53

======================================================================



 
                  THE FEDERAL JUDICIARY PROTECTION ACT

                                _______
                                

                August 28, 2001.--Ordered to be printed

   Filed under authority of the order of the Senate of July 30, 2001

                                _______
                                

Mr. Leahy, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                         [To accompany S. 1099]

    The Committee on the Judiciary, to which was referred the 
bill (S. 1009) to increase the criminal penalties for 
assaulting or threatening Federal judges, their family members, 
and other public servants, and for other purposes, having 
considered the same, reports favorably thereon, with an 
amendment, and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page

.................................................................
  I. Purpose..........................................................1
.................................................................
 II. Legislative history..............................................1
.................................................................
III. Discussion.......................................................2
.................................................................
 IV. Vote of the Committee............................................4
.................................................................
  V. Section-by-section analysis......................................4
.................................................................
 VI. Cost estimate....................................................5
.................................................................
VII. Regulatory impact statement......................................6
.................................................................
VIII.Changes in existing law..........................................7


                               I. Purpose

    The purpose of S. 1099, the Federal Judiciary Protection 
Act, is to increase the criminal penalties for assaulting or 
threatening Federal judges, Federal law enforcement officers, 
U.S. officials, and their family members.

                        II. Legislative History

    The ``Federal Judiciary Protection Act,'' S. 1099, was 
introduced by Senator Gordon Smith and Senator Patrick Leahy on 
June 26, 2001. Given the noncontroversial contents of S. 1099 
and the Committee's consideration of this legislation in the 
prior Congress, the Committee elected not to conduct any 
hearings on the matter. The Judiciary Committee met in 
executive session on July 26, 2001, to consider the bill. A 
reporting quorum being present, the bill was approved by voice 
vote and ordered favorably reported to the Senate.
    This legislation was first introduced in the 105th Congress 
as S. 1189 by Senator Smith and cosponsored by Senators Leahy, 
Hatch, Thurmond, Stevens, Jeffords, Torricelli, and Hagel. On 
September 17, 1997, the Senate Judiciary Committee favorably 
reported S. 1189, and the Senate passed the bill by unanimous 
consent on November 9, 1997. The House of Representatives did 
not take action on S. 1189 in the 105th Congress.
    This legislation was reintroduced in the 106th Congress as 
S. 113 by Senator Smith and cosponsored by Senators Leahy, 
Thurmond, Cochran, Jeffords, and Hagel. On July 27, 2000, the 
Senate Judiciary Committee favorably reported S. 113, and the 
Senate passed the bill by unanimous consent on September 28, 
2000. The House of Representatives did not take action on S. 
113 in the 106th Congress.

                            III. Discussion


A. Threats against Federal judges, Federal law enforcement officers, 
        U.S. officials, and their families

    Unfortunately, Members of the Committee are seeing more 
violence and threats of violence against officials of our 
Federal Government. Last week the Senate commemorated the lives 
of two Capitol Police officers, Officer Jacob Chestnut and 
Detective John Gibson, who were slain in the line of duty while 
protection the Capitol Building in 1998. A courtroom in Urbana, 
IL, was firebombed in 1999, apparently by a disgruntled 
litigant. We continue to mourn the victims of the horrible 
tragedy of the bombing of the Federal office building in 
Oklahoma City in 1995.
    In Chairman Leahy's home State during the summer of 1997, a 
Vermont border patrol officer, John Pfeifer, 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.
    These examples underscore an alarming amount of evidence of 
threats and assaults against Federal judges, Federal law 
enforcement officers, and U.S. officials across the country.\1\
---------------------------------------------------------------------------
    \1\ The Federal Bureau of Investigation (FBI), as authorized by the 
Department of Justice, has primary jurisdiction in investigating all 
assaults, threats, and killings of Federal employees. The FBI 
investigates assaults, threats, and killings of Federal employees 
pursuant to title 18 U.S.C. secs. 111 (assaulting, resisting or 
impeding certain officers or employees); 115 (influencing, impeding or 
retaliating against a Federal official by threatening or injuring a 
family member); 1111 (murder); 1112 (manslaughter); 1114 (protection of 
officers and employees of the United States; 1116 (murder of 
manslaughter of foreign officials, official guests or internationally 
protected person); 117 (conspiracy to murder in violation of sec. 
1114); 2231 (assault or resistance); and 1201(a)(5) (kidnapping in 
violation of 1114). Additionally, title 18 of the United States Code 
(U.S.C.) empowers the FBI to investigate assaults, threats, and 
killings of U.S. Supreme Court Justices and U.S. officials (the 
President, Vice President, Members of Congress, and the heads of 
executive branch departments) under title 18 U.S.C. sec. 351 
(congressional, Cabinet, and Supreme Court assassination, kidnapping, 
and assault). The President and Vice President are protected by the 
U.S. Secret Service under title 18 U.S.C. sec. 3056. The Department of 
Treasury, pursuant to an October 2, 1956, agreement, has investigative 
jurisdiction over assaults, threats, and killings of its personnel.
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    From 1994 to 1998, Federal agencies reported assaults 
against 3,610 employees, which resulted in 1,033 injuries.\2\ 
During this same period, 24 Federal law enforcement officers 
were slain in the line of duty. From 1994 through 2000, the 
Federal Bureau of Investigation (FBI) launched 4,481 
investigations that involved a Federal officer being assaulted, 
threatened, or killed.\3\
---------------------------------------------------------------------------
    \2\ As reported in ``Threats to Federal Law Enforcement Officers,'' 
the statement of Andreas Stephens, section chief, Violent Crimes and 
Major Offenders Section, FBI, before the Senate Committee on the 
Judiciary Subcommittee on Criminal Justice Oversight, Washington, DC, 
May 16, 2000, p. 2.
    \3\ Ibid.
---------------------------------------------------------------------------
    The U.S. Capitol Police notes that threats against Members 
of Congress are growing more and more common. From 1994 to 
2000, the FBI investigated 916 cases in which a Member of 
Congress was threatened or assaulted.\4\ In fact, from October 
1, 1999, to September 30, 2000, the U.S. Capitol Police 
investigated 1,357 threats and potential threats.\5\
---------------------------------------------------------------------------
    \4\ Ibid.
    \5\ Thomas Frank, ``Jeffords Received Death Threats,'' Newsday, 
June 1, 2001, p. A17.
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    For example, last month, Members of the Committee were 
saddened to read about death threats against Senator James 
Jeffords 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 harder for 
Senator Jeffords and his family.
    Similarly, the number of threats against members of the 
judiciary, U.S. attorneys, and other court officers is 
disturbing. The U.S. Marshals Service logs an average 682 
threats or inappropriate communications against members of the 
Federal judiciary each year. Court security inspectors (CSO's) 
are charged with assessing these threats and determining their 
level of danger, and many of these result in round-the-clock 
protective details for court officers. In the last fiscal year, 
according to CSO reports, there were 1,102,567 detections of 
weapons such as guns, knives, and other items that posed a 
security risk or were prohibited in the courthouse. Of these 
weapons, 138,217 were permanently confiscated or abandoned at 
the courthouse.\6\
---------------------------------------------------------------------------
    \6\ ``Judicial Security,'' JSD Fact Sheet, July 26, 2001, p. 1 of 
2, http://www.usdoj.gov:80/marshals/factsheets/jsd.html.
---------------------------------------------------------------------------

B. The Federal Judiciary Protection Act, S. 1099

    The Federal Judiciary Protection Act, S. 1099, increases 
the criminal penalties for assaulting or threatening Federal 
judges, Federal law enforcement officials, and their family 
members.
    Specifically, this bipartisan legislation would: increase 
the maximum prison term for forcible assaults, resistance, 
intimidation or interference with a Federal judge, Federal law 
enforcement officer or U.S. 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, Federal law enforcement officer, or U.S. 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.
    Under S. 1099, Federal law enforcement officers include 
U.S. Capitol Police Officers and U.S. officials include the 
President, Vice President, Cabinet Secretaries, and Members of 
Congress. In addition, S. 1099 would provide greater protection 
to all State and local law enforcement officers and other 
persons assisting a Federal judge, Federal law enforcement 
officer, or U.S. official in the performance of Federal duties 
including joint Federal-State investigations. The legislation 
enjoys the support of the U.S. Judicial Conference, the U.S. 
Sentencing Commission, and the U.S. 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. We are fortunate 
to have 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 
to 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, Federal law 
enforcement officers, and other U.S. officials, to remind 
everyone that these are people with children and parents and 
friends. They deserve our respect and our protection.

                       IV. Vote of the Committee

    The Senate Committee on the Judiciary, with a quorum 
present, met on Thursday, July 26, 2001, to consider the 
``Federal Judiciary Protection Act.'' The Committee considered 
S. 1099 and approved the bill by voice vote, with no objection 
noted, and ordered the bill to be reported favorably to the 
Senate, with a recommendation that the bill do pass.

                     V. Section-by-Section Analysis

    Section 1--Short Title. This section provides a short 
title: the ``Federal Judiciary Protection Act.''
    Section 2--Assaulting, resisting, or impeding certain 
officers or employees. This section increases the maximum 
prison term for forcible assaults, resistance, intimidation, or 
interference with a Federal judge, Federal law enforcement 
officer, or U.S. official from 3 years imprisonment to 8 years 
and increases the maximum prison term for use of a deadly 
weapon or infliction of bodily injury against a Federal judge, 
Federal law enforcement officer, or U.S. official from 10 years 
imprisonment to 20 years.
    Section 3--Influencing, impeding, or retaliating against a 
Federal official by threatening or injuring a family member. 
This section increases the maximum prison term for actual or 
attempted influencing, impeding, or retaliating against a 
Federal judge, Federal law enforcement officer, or U.S. 
official by threatening a family member of the employee, from 5 
to 10 years, and from 3 to 6 years if the threat is to commit 
an assault.
    Section 4--Mailing threatening communications. This section 
increases the maximum prison term from 5 to 10 years for 
threats of injury or kidnaping of any person mailed to a 
Federal judge, Federal law enforcement officer, or U.S. 
official, and from 3 to 6 years for extortionate threats to a 
Federal judge, Federal law enforcement officer, or U.S. 
official
    Section 5--Amendment of the sentencing guidelines for 
assaults and threats against Federal judges and certain other 
Federal officials and employees. This section directs the U.S. 
Sentencing Commission to amend the Sentencing Guidelines to 
enhance penalties for assaults and threats against a Federal 
judge, Federal law enforcement officer, and U.S. official 
engaged in their official duties.

                           VI. Cost Estimate

    In compliance with paragraph 11(a) of rule XXVI of the 
standing rules of the Senate, the Committee sets forth, with 
respect to the bill, S. 1099, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 27, 2001.
Hon. Patrick J. Leahy,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1099, the Federal 
Judiciary Protection Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker, who can be reached at 226-2860.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
Enclosure.

               CONGRESSIONAL BUDGET OFFICE--COST ESTIMATE


S. 1099--Federal Judiciary Protection Act of 2001

    S. 1099 would increase the maximum sentences for persons 
who harm or threaten a federal employee. CBO expects that 
implementing S. 1099 would have a negligible cost to the 
federal government over the 2002-2006 period. Because enacting 
the bill would not affect direct spending or receipts, pay-as-
you-go procedures would not apply. S. 1099 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would not affect the budgets 
of state, local, or tribal governments.
    Because those sentenced under S. 1099 could receive longer 
prison sentences than under current law, CBO expects that 
enacting the bill could increase the costs of the Bureau of 
Prisons. But, based on information from the Administrative 
Office of the United States Courts, CBO expects that fewer than 
100 individuals each year might receive increased sentences for 
harming or threatening to harm a federal employee. In addition, 
it is likely that the majority of such individuals are 
convicted and sentenced for committing more than one crime, so 
that any increase in federal prison operating costs as a result 
of implementing S. 1099 would likely occur after 2006. Such 
costs would be subject to the appropriation of the necessary 
funds.
    The CBO staff contact for this estimate is Lanette J. 
Walker, who can be reached at 226-2860. The estimate was 
approved by Robert A. Sunshine, Assistant Director for Budget 
Analysis.

                    VII. Regulatory Impact Statement

    In compliance with paragraph 11(b)(1), rule XXVI of the 
Standing Rules of the Senate, the Committee, after due 
consideration, concludes that S. 1099 will not have significant 
regulatory impact.

                     VIII. Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1099, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in bold brackets, new matter 
is printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


                TITLE 18--CRIMES AND CRIMINAL PROCEDURE

Part
Section...........................................................

I. CRIMES
1

           *       *       *       *       *       *       *
..................................................................

                             PART I--CRIMES

Chapter
Section...........................................................

1. General provisions
1

           *       *       *       *       *       *       *
..................................................................
Sec.

111. Assaulting, resisting, or impeding certain officers or 
  employees.

           *       *       *       *       *       *       *


Sec. 111. Assaulting, resisting, or impeding certain officers or 
                    employees

    (a) In general.--Whoever--
          (1) forcibly assaults, resists, opposes, impedes, 
        intimidates, or interferes with any person designated 
        in section 1114 of this title while engaged in or on 
        account of the performance of official duties; or
          (2) forcibly assaults or intimidates any person who 
        formerly served as a person designated in section 1114 
        on account of the performance of official duties during 
        such person's term of service,
shall, where the acts in violation of this section constitute 
only simple assault, be fined under this title or imprisoned 
not more than one year, or both, and in all other cases, be 
fined under this title or imprisoned not more than [three] 8 
years, or both.
    (b) Enhanced penalty.--Whoever, in the commission of any 
acts described in subsection (a), uses a deadly or dangerous 
weapon (including a weapon intended to cause death or danger 
but that fails to do so by reason of a defective component) or 
inflicts bodily injury, shall be fined under this title or 
imprisoned not more than [ten] 20 years, or both.

           *       *       *       *       *       *       *


Sec. 115. Influencing, impeding, or retaliating against a Federal 
                    official by threatening or injuring a family member

    (a)(1) Whoever--

           *       *       *       *       *       *       *

    (b)(1) An assault in violation of this section shall be 
punished as provided in section 111 of this title.

           *       *       *       *       *       *       *

    (4) A threat made in violation of this section shall be 
punished by a fine under this title or imprisonment for a term 
of not more than [five] 10 years, or both, except that 
imprisonment for a threatened assault shall not exceed [three] 
6 years.

           *       *       *       *       *       *       *


                    CHAPTER 41--EXTORTION AND THREATS

Sec.

871. Threats against President and successors to the Presidency.

           *       *       *       *       *       *       *


Sec. 876. Mailing threatening communications

    (a) Whoever knowingly deposits in any post office or 
authorized depository for mail matter, to be sent or delivered 
by the Postal Service or knowingly causes to be delivered by 
the Postal Service according to the direction thereon, any 
communication, with or without a name or designating mark 
subscribed thereto, addressed to any other person, and 
containing any demand or request for ransom or reward for the 
release of any kidnapped person, shall be fined under this 
title or imprisoned not more than twenty years, or both.
    (b) Whoever, with intent to extort from any person any 
money or other thing of value, so deposits, or causes to be 
delivered, as aforesaid, any communication containing any 
threat to kidnap any person or any threat to injure the person 
of the addressee or of another, shall be fined under this title 
or imprisoned not more than twenty years, or both.
    (c) Whoever knowingly so deposits or causes to be delivered 
as aforesaid, any communication with or without a name or 
designating mark subscribed thereto, addressed to any other 
person and containing any threat to kidnap any person or any 
threat to injure the person of the addressee or of another, 
shall be fined under this title or imprisoned not more than 
five years, or both. 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.
    (d) Whoever, with intent to extort from any person any 
money or other thing of value, knowingly so deposits or causes 
to be delivered, as aforesaid, any communication, with or 
without a name or designating mark subscribed thereto, 
addressed to any other person and containing any threat to 
injure the property or reputation of the addressee or of 
another, or the reputation of deceased person, or any threat to 
accuse the addressee or any other person of a crime, shall be 
fined under this title or imprisoned not more than two years, 
or both. 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.

           *       *       *       *       *       *       *


                                
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