text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Republican Form of Government 
  Guarantee Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) section 4 of article IV of the Constitution provides 
          that the United States shall guarantee a republican form of 
          government to the States;
              (2) organized criminal actions are an increasing threat to 
          the republican form of government in some States;
              (3) people who are responsible for upholding the laws of 
          the United States and the several States, and people who assist 
          them, have been threatened, harassed, and assaulted because of 
          these activities;
              (4) this violence is having a chilling effect on the 
          democratic process because Americans are afraid to participate 
          in town hall meetings, express their views publicly, or take 
          part in the political process;
              (5) most victims are targeted solely because of their views 
          or activism on controversial political issues such as gun 
          control, abortion, environmental matters, or the role of 
          government in society;
              (6) this violence is causing a breakdown of law and order 
          in many parts of the United States;
              (7) this violence has increased in part because of 
          unfounded exaggerations about the impact of recent firearms 
          laws such as the Brady Law and the ban on assault weapons, as 
          well as baseless conspiracy theories regarding the government; 
          and
              (8) the climate of violence created by these criminals 
          threatens to undermine republican government in some States.
  
  SEC. 3. PROTECTION AGAINST ASSAULT.
  
      Section 111(a) of title 18, United States Code, is amended--
              (1) in paragraph (1), by inserting ``who is an officer or 
          employee of any State or local government, is assisting such an 
          officer or employee in the performance of official duty, or 
          is'' after ``any person''; and
              (2) in paragraph (2), by striking ``designated in section 
          1114'' and inserting ``described in paragraph (1)''.
  
  SEC. 4. INCREASED PENALTIES.
  
      (a) Assault.--Section 111 of title 18, United States Code, is 
  amended--
              (1) in subsection (a), by striking ``shall, where'' and all 
          that follows through the end of the subsection and inserting 
          ``shall be punished as is provided in subsection (b)''; and
              (2) so that subsection (b) reads as follows:
      ``(b) Penalties.--Whoever is convicted of an offense under this 
  section shall be fined under this title and imprisoned not less than 2 
  nor more than 3 years, except that--
              ``(1) in the case of a second or subsequent offense the 
          maximum term or imprisonment shall be not more than 5 years; 
          and
              ``(2) in the case of an offense committed with a deadly 
          weapon, the offender shall be imprisoned not less than 8 nor 
          more than 10 years.''.
      (b) Extortion and Threats.--
              (1) Interstate communications.--Section 875 of title 18, 
          United States Code, is amended in subsection (c), by striking 
          ``not more than five years, or both'' and inserting ``not less 
          than 2 nor more than 5 years''.
              (2) Mailing threatening communications.--Section 876 of 
          title 18, United States Code, is amended in the third 
          undesignated paragraph, by striking ``not more than five years, 
          or both'' and inserting ``not less than 2 nor more than 5 
          years''.
  
  SEC. 5. RIGHT TO PARTICIPATE IN A REPUBLICAN FORM OF GOVERNMENT; 
                ENFORCEMENT.
  
      (a) Reaffirmation of Right.--Each person not otherwise 
  disqualified, barred, or disabled by State or Federal law shall have 
  the right to participate in a republican form of State government free 
  from interference from unlawful violence and the reasonably perceived 
  threat of unlawful violence.
      (b) Right To Participate Defined.--As used in subsection (a), the 
  term ``right to participate in a republican form of State government'' 
  means the right to--
              (1) carry out the duties of a State, county, or local 
          office to which the person has been duly elected or appointed;
              (2) lawfully assist any duly elected or appointed person 
          described in paragraph (1) in carrying out such duties;
              (3) run for elective office, campaign for such office on 
          one's own behalf, or campaign on behalf of another's candidacy, 
          in accordance with applicable State and local laws;
              (4) initiate and campaign for any initiative, referendum, 
          petition, or similar political exercise, in accordance with 
          applicable State and local laws;
              (5) assemble peaceably to petition the Federal, State, or 
          local government, or to attend any public forum concerning such 
          Federal, State, or local government; and
              (6) exercise the rights guaranteed under article IV of the 
          Constitution of the United States, and the 1st and 14th 
          amendments thereto.
      (c) Enforcement.--
              (1) In general.--A person whose right under subsection (a) 
          is violated by any person or organization may bring an action 
          in any United States district court against such other person 
          or organization for damages, injunctive relief, and such other 
          relief as the court deems appropriate.
              (2) Government remedy.--The chief executive officer of any 
          State may bring an action in any United States district court 
          located within that State for damages, injunctive relief, and 
          such other relief as the court deems appropriate against any 
          organization wherever located which unlawfully violates or 
          which conspires, attempts, aids, or abets another person or 
          organization to unlawfully violate the right under subsection 
          (a) of any resident of that State.
              (3) Authority to award a reasonable attorney's fee.--In an 
          action brought under paragraph (1) or (2), the court, in its 
          discretion, may allow the prevailing plaintiff a reasonable 
          attorney's fee as part of the costs.
              (4) Statute of limitations.--An action may not be brought 
          under paragraph (1) or (2) after the 5-year period that begins 
          with the date that the violation described in paragraph (1) is 
          discovered.
  
  SEC. 6. LAW ENFORCEMENT TRAINING.
  
      The Attorney General, in consultation with the Secretaries of 
  Treasury, Agriculture, and the Interior, shall develop and implement a 
  training program for Federal law enforcement personnel to enable such 
  personnel to deal more effectively with politically motivated violence.
  
  SEC. 7. FEDERAL PAYMENTS WITHHELD.
  
      (a) Complaint.--If an agency determines that in any county any of 
  that agency's employees or agents is being unlawfully physically 
  prevented or impeded, by employees or agents of a State, county, or 
  local government, from carrying out lawful duties, the agency may file 
  a complaint with the Attorney General.
      (b) Escrow.--The Attorney General shall investigate the complaint, 
  and if the Attorney General finds the complaint is meritorious, the 
  Attorney General may place in escrow any payments that otherwise would 
  be made to that county under the Payments in Lieu of Taxes Act of 1976 
  (31 U.S.C. 6901 et seq.), until such time as the Attorney General is 
  satisfied that such interference has ceased.
      (c) Rules.--The Attorney General shall make rules governing the 
  procedures used to carry out this section.
target: Republican Form of Government Guarantee Act - Revises Federal criminal code provisions setting penalties for assaulting, resisting, intimidating, or impeding any of specified U.S. officers and employees (including Federal judges), to:  (1) cover persons who commit such acts against State or local government officers or employees or persons assisting such officers or employees in the performance of official duty; and (2) increase penalties for such acts. 
  Sets a minimum term of two years' imprisonment for:  (1) transmitting in interstate or foreign commerce any communication containing a threat to kidnap or injure any person; and (2) depositing, or causing to be delivered, any communication threatening to kidnap or injure any person. 
  Declares that each person not otherwise disqualified, barred, or disabled by State or Federal law shall have the right to participate in a republican form of State government free from interference from unlawful violence and the reasonably perceived threat of such violence. Creates a private cause of action, as well as a government remedy (enforceable by the chief executive officer of any State) against any individual or organization for a violation of that right. Authorizes the court to award a reasonable attorney's fee to a prevailing plaintiff.  Sets a five-year statute of limitations that begins with the date of discovery of the violation. 
  Directs the Attorney General to develop and implement a training program for Federal law enforcement personnel to enable them to deal more effectively with politically motivated violence. 
  Authorizes an agency that determines that an agency employee or agent is being unlawfully and physically prevented from carrying out lawful duties by employees or agents of a State, county, or local government, to file a complaint with the Attorney General.  Directs the Attorney General to investigate the complaint and, if the Attorney General finds the complaint is meritorious, to place in escrow any payments that otherwise would be made to that county under the Payments in Lieu of Taxes Act of 1976 until such time as such interference has ceased.
feat_title: Republican Form of Government Guarantee Act