I
107TH CONGRESS
2D SESSION
H. R. 5581
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
OCTOBER 8, 2002
Mr. WILSON of South Carolina 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-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Freedom From Union
Violence Act of 2002’’.
SEC. 2. INTERFERENCE WITH COMMERCE BY THREATS OR
VIOLENCE.
Section 1951 of title 18, United States Code, is
amended to read as follows:
‘‘§ 1951. Interference with commerce by threats or vi-
olence
‘‘(a) PROHIBITION.—Except as provided in sub-
section (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 at-
tempts 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 Co-
lumbia, 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 tak-
ing or obtaining of personal property from the per-
son or in the presence of another, against his or her
will, by means of actual or threatened force or vio-
lence, 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 con-
duct or of coordinated violent activity.
‘‘(2) STATE
AND
LOCAL
JURISDICTION.—Any
violation of this section that involves any conduct de-
scribed in paragraph (1) shall be subject to prosecu-
tion only by the appropriate State and local authori-
ties.
‘‘(d) EFFECT ON OTHER LAW.—Nothing in this sec-
tion 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 con-
duct 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.’’.
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