To prohibit assault or battery of a United States serviceman on account of the military service of the United States serviceman or status as a serviceman.

SA 1616. Mr. SESSION submitted an amendment intended to be proposed
by him to the bill S. 1390, to authorize appropriations for fiscal year
2010 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal

[[Page S7663]]

year, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. ATTACKS ON UNITED STATES SERVICEMEN.

(a) In General.--Chapter 67 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1389. Prohibition on attacks on United States
servicemen on account of service

``(a) In General.--Whoever knowingly assaults or batters a
United States serviceman or an immediate family member of a
United States serviceman, or who knowingly destroys or
injures the property of such serviceman or immediate family
member, on account of the military service of that serviceman
or status of that individual as a United States serviceman,
or who attempts or conspires to do so, shall--
``(1) in the case of a simple assault, or destruction or
injury to property in which the damage or attempted damage to
such property is not more than $500, be fined under this
title in an amount not less than $500 nor more than $10,000
and imprisoned not more than 2 years;
``(2) in the case of destruction or injury to property in
which the damage or attempted damage to such property is more
than $500, be fined under this title in an amount not less
than $1000 nor more than $100,000 and imprisoned not more
than 5 years; and
``(3) in the case of a battery, or an assault resulting in
bodily injury, be fined under this title in an amount not
less than $2500 and imprisoned not less than 16 months nor
more than 10 years.
``(b) Exception.--This section shall not apply to conduct
by a person who is subject to the Uniform Code of Military
Justice.
``(c) Definitions.--In this section--
``(1) the term `Armed Forces' has the meaning given that
term in section 1388;
``(2) the term `immediate family member' has the meaning
given that term in section 115; and
``(3) the term `United States serviceman'--
``(A) means a member of the Armed Forces; and
``(B) includes a former member of the Armed Forces during
the 5-year period beginning on the date of the discharge from
the Armed Forces of that member of the Armed Forces.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 67 of title 18, United States Code, is
amended by adding at the end the following:

``1389. Prohibition on attacks on United States servicemen on account
of service.''.
______