[Senate Report 107-53]
[From the U.S. Government Publishing Office]
Calendar No. 105
107th Congress Report
SENATE
1st Session 107-53
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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
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I. Purpose..........................................................1
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II. Legislative history..............................................1
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III. Discussion.......................................................2
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IV. Vote of the Committee............................................4
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V. Section-by-section analysis......................................4
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VI. Cost estimate....................................................5
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VII. Regulatory impact statement......................................6
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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\
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\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\
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\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.
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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\
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\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\
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\6\ ``Judicial Security,'' JSD Fact Sheet, July 26, 2001, p. 1 of
2, http://www.usdoj.gov:80/marshals/factsheets/jsd.html.
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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.
* * * * * * *