HR 5171 — Freedom From Union Violence Act of 2021

Summary

Freedom From Union Violence Act of 2021 This bill revises the federal criminal statute commonly known as the Hobbs Act, which prohibits the obstruction of interstate commerce by robbery or extortion (or by attempting or conspiring to commit robbery or extortion). Currently, an extortion offense includes obtaining property of another with consent through the wrongful use of force, violence, or fear. Typically, violations are investigated by the Federal Bureau of Investigation and prosecuted by the U.S. Attorney's Office. First, this bill broadens the scope of prohibited conduct by (1) eliminating the requirement that the means used to obtain property (i.e., the use of force, violence, or fear) must be wrongful, and (2) expanding extortion to include obtaining property of another by wrongful use of fear not involving force or violence. Second, the bill explicitly states that the maximum fine is $100,000. Third, the bill exempts from the federal prohibition conduct that (1) is incidental to peaceful picketing during a labor dispute, (2) consists solely of minor bodily injury or damage to property, and (3) is not part of a pattern of violent conduct or of a coordinated violent activity. A violation involving exempted conduct is subject to prosecution only by state and local authorities.

Bill Text

• Introduced Introduced in House Current html September 03, 2021

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Also cites: 15 U.S.C. § 17, 29 U.S.C. § 52, 29 U.S.C. § 152

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the Hobbs Act to clarify the definition of labor dispute and provides specific exemptions for certain conduct during labor disputes.

• 18 U.S.C. § 1951

  Sec. 1951. Interference with commerce by threats or violence (a) Prohibition.--Except as provided in subsection (c), whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section, shall be fined not more than $100,000, imprisoned for a term of not more than 20 years, or both. (b) Definitions.--For purposes of this section-- (1) the term `commerce' means any-- (A) commerce within the District of Columbia, or any territory or possession of the United States; (B) commerce between any point in a State, territory, possession, or the District of Columbia and any point outside thereof; (C) commerce between points within the same State through any place outside that State; and (D) other commerce over which the United States has jurisdiction; (2) the term `extortion' means the obtaining of property from any person, with the consent of that person, if that consent is induced-- (A) by actual or threatened use of force or violence, or fear thereof; (B) by wrongful use of fear not involving force or violence; or (C) under color of official right; (3) the term `labor dispute' has the same meaning as in section 2(9) of the National Labor Relations Act (29 U.S.C. 152(9)); and (4) the term `robbery' means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his or her will, by means of actual or threatened force or violence, or fear of injury, immediate or future-- (A) to his or her person or property, or property in his or her custody or possession; or (B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining. (c) Exempted Conduct.-- (1) In general.--Subsection (a) does not apply to any conduct that-- (A) is incidental to otherwise peaceful picketing during the course of a labor dispute; (B) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (C) is not part of a pattern of violent conduct or of coordinated violent activity. (2) State and local jurisdiction.--Any violation of this section that involves any conduct described in paragraph (1) shall be subject to prosecution only by the appropriate State and local authorities. (d) Effect on Other Law.--Nothing in this section shall be construed-- (1) to repeal, amend, or otherwise affect-- (A) section 6 of the Clayton Act (15 U.S.C. 17); (B) section 20 of the Clayton Act (29 U.S.C. 52); (C) any provision of the Norris-LaGuardia Act (29 U.S.C. 101 et seq.); (D) any provision of the National Labor Relations Act (29 U.S.C. 151 et seq.); or (E) any provision of the Railway Labor Act (45 U.S.C. 151 et seq.); or (2) to preclude Federal jurisdiction over any violation of this section, on the basis that the conduct at issue-- (A) is also a violation of State or local law; or (B) occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective.

  The amendment redefines the scope of the Hobbs Act in relation to labor disputes, allowing for exemptions for peaceful picketing and minor injuries during labor disputes.

Action History

1. November 01, 2022

   Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

2. September 03, 2021

   Introduced in House

3. September 03, 2021

   Introduced in House

4. September 03, 2021

   Referred to the House Committee on the Judiciary.

Sponsors

• Scott Perry · Primary

Subjects