I
106TH CONGRESS
2D SESSION
H. R. 4343
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 HOUSE OF REPRESENTATIVES
APRIL 13, 2000
Mr. WEINER introduced the following bill; which was 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Public Officials Protec-
tion Act of 2000’’.
SEC. 2. ATTEMPTS TO INTERFERE WITH THE PERFORM-
ANCE 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:
‘‘§ 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 em-
ployee, described in section 1114 of this title, engaged in
or on account of the performance of that officer or employ-
ee’s official duties, or in any other way corruptly or by
force or threat of force (including any threatening commu-
nication) 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 five 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 ten years, or both.
‘‘(3) The term ‘force’, as used in this subsection, in-
cludes force directed at the person or property of an offi-
cer 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 en-
deavors 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 prop-
erty belonging in whole or in part to any officer or em-
ployee 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, en-
cumbrance, or other document is frivolous under Federal
or State law shall be fined under this title or imprisoned
for not more than five 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 ten 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 du-
ties.’’.
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 PERFORM-
ANCE 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:
‘‘§ 1519. Attempts to interfere with the performance
of a State official’s duties
‘‘(a) Whoever in a circumstance described in sub-
section (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 em-
ployee of any agency of a State, or political subdivi-
sion 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 (in-
cluding any threatening letter or communication) in-
timidates or endeavors to intimidate any officer or
employee of any agency of a State, or political sub-
division thereof, engaged in or on account of the per-
formance of his official duties, or in any other way
corruptly or by force or threat of force (including
any threatening communication), obstructs or im-
pedes, or endeavors to obstruct or impede, the per-
formance of such officer’s or employee’s official du-
ties,
shall be fined under this title or imprisoned for not more
than five years, or both; and if serious bodily injury re-
sults, shall be so fined or imprisoned for not more than
ten 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 ten years, or both; and if serious bodily
injury results, shall be so fined or imprisoned for not more
than twenty 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 for-
eign commerce is used in furtherance of the offense;
‘‘(2) any offender travels in or causes another
to travel in interstate or foreign commerce in fur-
therance 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 con-
summated.
‘‘(c) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘State’ includes a State of the
United States, the District of Columbia, a common-
wealth, 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 there-
of, and force directed at the person or property of
an immediate family member of such officer or em-
ployee;
‘‘(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.’’.
Æ