Graham Hoffman Act

Bill Number

S. 2278

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-07-15: Read twice and referred to the Committee on the Judiciary.

Last Updated

2025-09-04T16:20:33Z

AI-Generated Summary

Purpose

The Graham Hoffman Act (S. 2278) aims to create a new federal crime that punishes assaults on first responders—such as firefighters, police officers, and paramedics—when these acts occur under circumstances involving interstate or foreign commerce, or affect federal interests. It seeks to protect these public safety workers by imposing harsher penalties for serious attacks during their official duties, while ensuring federal involvement only when states cannot or should not handle prosecution.

Key Provisions

• New Federal Crime (18 U.S.C. § 121): It criminalizes knowingly assaulting a first responder while they are performing official duties, if the assault causes serious bodily injury (or an attempt to do so).
• Basic penalty: Up to 10 years in prison, a fine, or both.
• Enhanced penalty: Life imprisonment, a fine, or both if the assault results in death, or involves kidnapping (or an attempt to kidnap or kill).
• Jurisdictional Triggers: Federal prosecution applies only if one of these circumstances exists:
• The assault happens during travel across state lines, national borders, or using interstate/foreign commerce tools (e.g., highways, internet, or phones).
• The offender uses interstate/foreign commerce in planning or committing the act.
• A firearm, dangerous weapon, explosive, or other interstate-traveled weapon is used.
• The assault disrupts the victim's commercial or economic activities or affects interstate/foreign commerce.
• The victim is a federal first responder (e.g., working for a federal agency).
• Certification for Prosecution: The U.S. Attorney General (or designee) must certify in writing before federal charges can proceed. Certification is allowed if:
• The state lacks jurisdiction.
• The state requests federal help.
• A state conviction or sentence fails to adequately address federal public safety interests.
• Federal prosecution serves the public interest and ensures substantial justice.
• This does not limit federal investigations or grand juries.
• Definitions:
• First Responder: Includes firefighters, law enforcement officers, rescue squad or ambulance crew members (as defined in existing federal law), and qualified paramedics or emergency medical volunteers.
• State: Covers U.S. states, the District of Columbia, and territories/possessions.
• Technical Update: Adds the new section to the table of contents in Chapter 7 of Title 18, U.S. Code (which covers conspiracy and other federal crimes).

Significant Changes to Existing Law

• Introduces a standalone federal offense specifically for assaults on first responders, which previously might have been prosecuted under general assault statutes (e.g., 18 U.S.C. § 111 for federal officers) or left to state laws without a dedicated federal penalty structure.
• Expands federal jurisdiction by tying the crime to interstate commerce elements, allowing federal intervention in what are often local incidents, but only with Attorney General oversight to avoid overlapping with state authority.
• No changes to existing state laws, but it creates a mechanism for federal "top-up" prosecutions when state efforts fall short.

Potential Impacts

• On Government Agencies: The Department of Justice (DOJ) will handle certifications and prosecutions, potentially increasing federal caseloads in violent crime areas. It promotes coordination between federal and state authorities, reducing duplication while ensuring federal resources support public safety where needed.
• On Citizens: Enhances protection for first responders, deterring attacks through tougher penalties, which could improve response times and community safety during emergencies. Offenders face longer sentences, affecting prison populations and sentencing practices.
• On International Relations: Minimal direct impact, though provisions involving national borders or foreign commerce could apply to incidents near borders or involving international travel, potentially aiding cross-border cooperation on public safety.

Main Stakeholders Affected

• First Responders: Firefighters, police, paramedics, and rescue workers gain explicit federal protections, potentially reducing risks in their roles.
• Law Enforcement and Prosecutors: Federal (DOJ) and state officials must collaborate on jurisdiction; states may see fewer standalone cases but benefit from federal support in serious incidents.
• Offenders and Criminal Justice System: Individuals committing these assaults face escalated federal charges and penalties, impacting defense strategies and incarceration rates.
• General Public: Communities relying on first responders for safety benefit indirectly through stronger deterrence against violence toward these workers.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Strengthens federal tools to address gaps in state prosecutions, using the Commerce Clause (a part of the U.S. Constitution allowing Congress to regulate interstate activity) as its basis. The certification requirement acts as a safeguard against overreach, ensuring federal cases are justified and not duplicative.
• Constitutional Implications: Relies on established precedents for federalizing crimes via interstate commerce (e.g., upheld in cases like United States v. Lopez refinements), but could face challenges if seen as infringing on states' traditional policing powers under the 10th Amendment (which reserves non-delegated powers to states).
• Political Implications: Introduced with bipartisan sponsorship (Democrats and Republicans), reflecting broad consensus on valuing first responders. It may influence future crime bills by setting a model for targeted federal enhancements in public safety, without broad expansions of federal power.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Schmitt, Eric [R-MO]

Cosponsors (7)

Sen. Hawley, Josh [R-MO], Sen. Hassan, Margaret Wood [D-NH], Sen. Moody, Ashley [R-FL], Sen. Risch, James E. [R-ID], Sen. Crapo, Mike [R-ID], Sen. Cruz, Ted [R-TX], Sen. Hagerty, Bill [R-TN]

Recent Actions

• 2025-07-15: Read twice and referred to the Committee on the Judiciary.
• 2025-07-15: Introduced in Senate

Bill Versions

• Graham Hoffman Act — issued 2025-07-15 — PDF (5 pages)