[Page S2738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.''.
                                 ______