S.Amdt. 1591

SA 1591. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill H.R. 35, to amend title 18, United States Code, to
specify lynching as a deprivation of civil rights, and for other
purposes; which was ordered to lie on the table; as follows:

(a) Offense.--Chapter 13 of title 18, United States Code,
is amended by adding at the end the following:

``Sec. 250. Lynching

``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully conspires with another person
to cause serious bodily injury to any person or, through the
use of fire, a firearm, a dangerous weapon, or an explosive
or incendiary device, attempt to cause serious bodily injury
to any person, because of the actual or perceived race,
color, religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years, fined in
accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or for
life, fined in accordance with this title, or both, if--
``(i) death results from the offense; or
``(ii) the offense includes kidnapping or an attempt to
kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
``(A) In general.--Whoever, whether or not acting under
color of law, in any circumstance described in subparagraph
(B) or paragraph (3), willfully conspires with another person
to cause serious bodily injury to any person or, through the
use of fire, a firearm, a dangerous weapon, or an explosive
or incendiary device, attempt to cause serious bodily injury
to any person, because of the actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability of any person--
``(i) shall be imprisoned not more than 10 years, fined in
accordance with this title, or both; and
``(ii) shall be imprisoned for any term of years or for
life, fined in accordance with this title, or both, if--

``(I) death results from the offense; or
``(II) the offense includes kidnapping or an attempt to
kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.

``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph (A) occurs
during the course of, or as the result of, the travel of the
defendant or the victim--

``(I) across a State line or national border; or
``(II) using a channel, facility, or instrumentality of
interstate or foreign commerce;

``(ii) the defendant uses a channel, facility, or
instrumentality of interstate or foreign commerce in
connection with the conduct described in subparagraph (A);
``(iii) in connection with the conduct described in
subparagraph (A), the defendant employs a firearm, dangerous
weapon, explosive or incendiary device, or other weapon that
has traveled in interstate or foreign commerce; or
``(iv) the conduct described in subparagraph (A)--

``(I) interferes with commercial or other economic activity
in which the victim is engaged at the time of the conduct; or
``(II) otherwise affects interstate or foreign commerce.

``(3) Offenses occurring in the special maritime or
territorial jurisdiction of the united states.--Whoever,
within the special maritime or territorial jurisdiction of
the United States, engages in conduct described in paragraph
(1) or in paragraph (2)(A) (without regard to whether that
conduct occurred in a circumstance described in paragraph
(2)(B)) shall be subject to the same penalties as prescribed
in those paragraphs.
``(4) Guidelines.--All prosecutions conducted by the United
States under this section shall be undertaken pursuant to
guidelines issued by the Attorney General, or the designee of
the Attorney General, to be included in the United States
Attorneys' Manual that shall establish neutral and objective
criteria for determining whether a crime was committed
because of the actual or perceived status of any person.
``(b) Certification Requirement.--
``(1) In general.--No prosecution of any offense described
in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney
General, or a designee, that--
``(A) the State does not have jurisdiction;
``(B) the State has requested that the Federal Government
assume jurisdiction;
``(C) the verdict or sentence obtained pursuant to State
charges left demonstratively unvindicated the Federal
interest in eradicating bias-motivated violence; or
``(D) a prosecution by the United States is in the public
interest and necessary to secure substantial justice.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of Federal
officers, or a Federal grand jury, to investigate possible
violations of this section.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given such term in section 232 of this title;
``(2) the term `firearm' has the meaning given such term in
section 921(a) of this title;
``(3) the term `gender identity' means actual or perceived
gender-related characteristics;
``(4) the term `serious bodily injury' has the meaning
given such term in section 1365(h)(3) of this title; and
``(5) the term `State' includes the District of Columbia,
Puerto Rico, and any other territory or possession of the
United States.
``(d) Statute of Limitations.--
``(1) Offenses not resulting in death.--Except as provided
in paragraph (2), no person shall be prosecuted, tried, or
punished for any offense under this section unless the
indictment for such offense is found, or the information for
such offense is instituted, not later than 7 years after the
date on which the offense was committed.
``(2) Death resulting offenses.--An indictment or
information alleging that an offense under this section
resulted in death may be found or instituted at any time
without limitation.''.
(b) Table of Sections Amendment.--The table of sections for
chapter 13 of title 18, United States Code, is amended by
inserting after the item relating to section 249 the
following:

``250. Lynching.''.
______