Freedom From Union Violence Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4256 To amend section 1951 of title 18, United States Code (commonly known as the Hobbs Act), and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 9, 2019 Mr. ROONEY of Florida introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 1951 of title 18, United States Code (commonly known as the Hobbs Act), and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Freedom From Union 4 Violence Act of 2019’’. 5 SEC. 2. INTERFERENCE WITH COMMERCE BY THREATS OR 6 VIOLENCE. 7 Section 1951 of title 18, United States Code, is 8 amended to read as follows: 9 VerDate Sep 11 2014 02:03 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4256.IH H4256 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4256 IH ‘‘§ 1951. Interference with commerce by threats or vi- 1 olence 2 ‘‘(a) PROHIBITION.—Except as provided in sub- 3 section (c), whoever in any way or degree obstructs, 4 delays, or affects commerce or the movement of any article 5 or commodity in commerce, by robbery or extortion, or at- 6 tempts or conspires so to do, or commits or threatens 7 physical violence to any person or property in furtherance 8 of a plan or purpose to do anything in violation of this 9 section, shall be fined not more than $100,000, imprisoned 10 for a term of not more than 20 years, or both. 11 ‘‘(b) DEFINITIONS.—For purposes of this section— 12 ‘‘(1) the term ‘commerce’ means any— 13 ‘‘(A) commerce within the District of Co- 14 lumbia, or any territory or possession of the 15 United States; 16 ‘‘(B) commerce between any point in a 17 State, territory, possession, or the District of 18 Columbia and any point outside thereof; 19 ‘‘(C) commerce between points within the 20 same State through any place outside that 21 State; and 22 ‘‘(D) other commerce over which the 23 United States has jurisdiction; 24 VerDate Sep 11 2014 02:03 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4256.IH H4256 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4256 IH ‘‘(2) the term ‘extortion’ means the obtaining of 1 property from any person, with the consent of that 2 person, if that consent is induced— 3 ‘‘(A) by actual or threatened use of force 4 or violence, or fear thereof; 5 ‘‘(B) by wrongful use of fear not involving 6 force or violence; or 7 ‘‘(C) under color of official right; 8 ‘‘(3) the term ‘labor dispute’ has the same 9 meaning as in section 2(9) of the National Labor 10 Relations Act (29 U.S.C. 152(9)); and 11 ‘‘(4) the term ‘robbery’ means the unlawful tak- 12 ing or obtaining of personal property from the per- 13 son or in the presence of another, against his or her 14 will, by means of actual or threatened force or vio- 15 lence, or fear of injury, immediate or future— 16 ‘‘(A) to his or her person or property, or 17 property in his or her custody or possession; or 18 ‘‘(B) to the person or property of a relative 19 or member of his or her family, or of anyone in 20 his or her company at the time of the taking or 21 obtaining. 22 ‘‘(c) EXEMPTED CONDUCT.— 23 ‘‘(1) IN GENERAL.—Subsection (a) does not 24 apply to any conduct that— 25 VerDate Sep 11 2014 02:03 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4256.IH H4256 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4256 IH ‘‘(A) is incidental to otherwise peaceful 1 picketing during the course of a labor dispute; 2 ‘‘(B) consists solely of minor bodily injury, 3 or minor damage to property, or threat or fear 4 of such minor injury or damage; and 5 ‘‘(C) is not part of a pattern of violent con- 6 duct or of coordinated violent activity. 7 ‘‘(2) STATE AND LOCAL JURISDICTION.—Any 8 violation of this section that involves any conduct de- 9 scribed in paragraph (1) shall be subject to prosecu- 10 tion only by the appropriate State and local authori- 11 ties. 12 ‘‘(d) EFFECT ON OTHER LAW.—Nothing in this sec- 13 tion shall be construed— 14 ‘‘(1) to repeal, amend, or otherwise affect— 15 ‘‘(A) section 6 of the Clayton Act (15 16 U.S.C. 17); 17 ‘‘(B) section 20 of the Clayton Act (29 18 U.S.C. 52); 19 ‘‘(C) any provision of the Norris- 20 LaGuardia Act (29 U.S.C. 101 et seq.); 21 ‘‘(D) any provision of the National Labor 22 Relations Act (29 U.S.C. 151 et seq.); or 23 ‘‘(E) any provision of the Railway Labor 24 Act (45 U.S.C. 151 et seq.); or 25 VerDate Sep 11 2014 02:03 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4256.IH H4256 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4256 IH ‘‘(2) to preclude Federal jurisdiction over any 1 violation of this section, on the basis that the con- 2 duct at issue— 3 ‘‘(A) is also a violation of State or local 4 law; or 5 ‘‘(B) occurred during the course of a labor 6 dispute or in pursuit of a legitimate business or 7 labor objective.’’. 8 Æ VerDate Sep 11 2014 02:03 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H4256.IH H4256 pamtmann on DSKBC07HB2PROD with BILLS