II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Public Officials Protec5 tion Act of 2000’’.

6 SEC. 2. ATTEMPTS TO INTERFERE WITH THE PERFORM7 ANCE OF A FEDERAL OFFICIAL’S DUTIES.

8 (a) IN GENERAL.—Chapter 7 of title 18, United

9 States Code, is amended by inserting after section 111 the

10 following:
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1 ‘‘§ 111A. Attempts to interfere with the performance

2 of a Federal official’s duties

3 ‘‘(a)(1) Whoever corruptly or by force or threat of

4 force (including any threatening letter or communication)

5 intimidates or endeavors to intimidate any officer or em6 ployee, described in section 1114 of this title, engaged in

7 or on account of the performance of that officer or employ8 ee’s official duties, or in any other way corruptly or by

9 force or threat of force (including any threatening commu10 nication) obstructs or impedes, or endeavors to obstruct

11 or impede, the performance of such officer’s or employee’s

12 official duties, shall be fined under this title or imprisoned

13 for not more than 5 years, or both.

14 ‘‘(2) In the case of an offense under this subsection

15 which was committed after the defendant had previously

16 been convicted of an earlier offense under this subsection,

17 the defendant shall be fined under this title or imprisoned

18 for not more than 10 years, or both.

19 ‘‘(3) The term ‘force’, as used in this subsection, in20 cludes force directed at the person or property of an offi21 cer or employee described in section 1114 of this title, and

22 force directed at the person or property of an immediate

23 family member of such officer or employee as defined in

24 section 115(c)(2) of this title.

25 ‘‘(b) Whoever, within the United States, files, or en26 deavors to file, in any public record, or in any private
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1 record which is generally available to the public, any lien,

2 encumbrance, or other document that creates, or attempts

3 to create, a cloud on the title of any real or personal prop4 erty belonging in whole or in part to any officer or em5 ployee described in section 1114 of this title with intent

6 to intimidate, obstruct, or impede such officer or employee

7 in the performance of such officer’s or employee’s official

8 duties, or with intent to retaliate against such officer or

9 employee on account of the performance of such duties,

10 and knowing or having reason to know that such lien, en11 cumbrance, or other document is frivolous under Federal

12 or State law shall be fined under this title or imprisoned

13 for not more than 5 years, or both. In the case of an of14 fense under this subsection which was committed after the

15 defendant had previously been convicted of an earlier of16 fense under this subsection, the defendant shall be fined

17 under this title or imprisoned for not more than 10 years,

18 or both.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections

20 at the beginning of chapter 7 of title 18, United States

21 Code, is amended by inserting after the item relating to

22 section 111 the following new item:

‘‘111A. Attempts to interfere with the performance of a Federal official’s duties.’’.
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1 SEC. 3. ADDITIONAL PENALTY FOR FILING A FRIVOLOUS

2 SUIT AGAINST AN OFFICER OR EMPLOYEE OF

3 THE UNITED STATES OR OF A STATE OR PO4 LITICAL SUBDIVISION THEREOF.

5 (a) IN GENERAL.—Chapter 163 of title 28, United

6 States Code, is amended by adding at the end the fol7 lowing:

8 ‘‘§ 2466. Additional penalty for filing a frivolous civil

9 suit against an officer or employee of the

10 United States or of any agency of a State

11 or political subdivision thereof

12 ‘‘In addition to any other remedy provided by law,

13 should the court find that any civil action brought person14 ally against any officer or employee described in section

15 1114 of title 18, United States Code, or any officer or

16 employee of any agency of a State, or political subdivision

17 thereof, is frivolous and was brought with intent to intimi18 date or obstruct such officer or employee in the perform19 ance of such officer’s or employee’s official duties, or with

20 intent to retaliate against such officer or employee on ac21 count of the performance of such duties, the court shall,

22 besides dismissing such action, assess against the party

23 making such claim a civil penalty payable to the United

24 States of not less than $2,500 or more than $25,000.’’.

25 (b) CLERICAL AMENDMENT.—The table of sections

26 at the beginning of chapter 163 of title 28, United States
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1 Code, is amended by adding at the end the following new

2 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.’’.

3 SEC. 4. ATTEMPTS TO INTERFERE WITH THE PERFORM4 ANCE OF A STATE OFFICIAL’S DUTIES.

5 (a) IN GENERAL.—Chapter 73 of title 18, United

6 States Code, is amended by inserting after section 1518

7 the following:

8 ‘‘§ 1519. Attempts to interfere with the performance

9 of a State official’s duties

10 ‘‘(a) Whoever in a circumstance described in sub11 section (b)—

12 ‘‘(1) files, or endeavors to file, in any public

13 record, or in any private record which is generally

14 available to the public, any lien, encumbrance, or

15 other document that creates, or attempts to create,

16 a cloud on the title of any real or personal property

17 belonging in whole or in part to any officer or em18 ployee of any agency of a State, or political subdivi19 sion thereof, with intent to intimidate, obstruct, or

20 impede such officer or employee in the performance

21 of such officer’s or employee’s official duties, or with

22 intent to retaliate against such officer or employee

23 on account of the performance of such duties, and

24 knowing or having reason to know that such lien,
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1 encumbrance, or other document is frivolous under

2 Federal or State law; or

3 ‘‘(2) corruptly or by force or threat of force (in4 cluding any threatening letter or communication) in5 timidates or endeavors to intimidate any officer or

6 employee of any agency of a State, or political sub7 division thereof, engaged in or on account of the per8 formance of his official duties, or in any other way

9 corruptly or by force or threat of force (including

10 any threatening communication), obstructs or im11 pedes, or endeavors to obstruct or impede, the per12 formance of such officer’s or employee’s official du13 ties,

14 shall be fined under this title or imprisoned for not more

15 than 5 years, or both; and if serious bodily injury results,

16 shall be so fined or imprisoned for not more than 10 years,

17 or both; and if death results, shall in addition to any fine

18 under this title, also be subject to the death penalty or

19 to imprisonment for any term of years or to life. In the

20 case of an offense under this subsection which was com21 mitted after the defendant had previously been convicted

22 of an earlier offense under this subsection, the defendant

23 shall be fined under this title or imprisoned for not more

24 than 10 years, or both; and if serious bodily injury results,

25 shall be so fined or imprisoned for not more than 20 years,
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1 or both; and if death results, shall in addition to any fine

2 under this title, also be subject to the death penalty or

3 to imprisonment for any term of years or to life.

4 ‘‘(b) The circumstances referred to in subsection (a)

5 are—

6 ‘‘(1) the mail or any facility of interstate or for7 eign commerce is used in furtherance of the offense;

8 ‘‘(2) any offender travels in or causes another

9 to travel in interstate or foreign commerce in fur10 therance of the offense; or

11 ‘‘(3) the offense obstructs, delays, or otherwise

12 affects interstate or foreign commerce, or would

13 have so obstructed, delayed, or affected interstate or

14 foreign commerce if the offense had been con15 summated.

16 ‘‘(c) DEFINITIONS.—As used in this section—

17 ‘‘(1) the term ‘State’ includes a State of the

18 United States, the District of Columbia, a common19 wealth, territory, or possession of the United States;

20 ‘‘(2) the term ‘force’ includes force directed at

21 the person or property of an officer or employee of

22 any agency of a State, or political subdivision there23 of, and force directed at the person or property of

24 an immediate family member of such officer or em25 ployee;
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1 ‘‘(3) the term ‘serious bodily injury’ has the

2 meaning given that term in section 2119 of this

3 title; and

4 ‘‘(4) the term ‘immediate family member’ has

5 the meaning given that term in section 115(c)(2) of

6 this title.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of chapter 73 of title 18, United States

9 Code, is amended by adding at the end the following new

10 item:

‘‘1519. Attempts to interfere with the performance of a State official’s duties.’’.

Æ