#aaeth ,,congress #b;d ,session ,s4 #cagh ,,an ,,act ,to amend title #ah1 ,united ,states ,code1 to specify lynching as a deprivation of civil rights1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,justice for ,victims of ,lynching ,act of #bjah4 #b4 ,findings ,congress finds the following3 7#a7 ,the crime of lynching succeeded slavery as the ultimate expression of racism in the ,united ,states following ,reconstruction4 7#b7 ,lynching was a widely acknowledged practice in the ,united ,states until the middle of the #bjth century4 7#c7 ,lynching was a crime that occurred throughout the ,united ,states1 with documented incidents in all but #d ,states4 7#d7 ,at least #d1gdb people1 predominantly ,african ,americans1 were reported lynched in the ,united ,states between #ahhb and #aifh4 7#e7 ,ninety-nine percent of all perpetrators of lynching escaped from punishment by ,state or local officials4 7#f7 ,lynching prompted ,african ,americans to form the ,national ,association for the ,advancement of ,colored ,people 7referred to in this section as the ,,naacp7 and prompted members of ,b'nai ,b'rith to found the ,anti-,defamation ,league4 7#g7 ,mr4 ,walter ,white1 as a member of the ,,naacp and later as the executive secretary of the ,,naacp from #aica to #aiee1 meticulously investigated lynchings in the ,united ,states and worked tirelessly to end segregation and racialized terror4 7#h7 ,nearly #bjj anti-lynching bills were introduced in ,congress during the first half of the #bjth century4 7#i7 ,between #ahij and #aieb1 #g ,presidents petitioned ,congress to end lynching4 7#aj7 ,between #aibj and #aidj1 the ,house of ,representatives passed #c strong anti-lynching measures4 7#aa7 ,protection against lynching was the minimum and most basic of ,federal responsibilities1 and the ,senate considered but failed to enact anti-lynching legislation despite repeated requests by civil rights groups1 ,presidents1 and the ,house of ,representatives to do so4 7#ab7 ,the publication of ,without ,sanctuary3 ,lynching ,photography in ,america helped bring greater awareness and proper recognition of the victims of lynching4 7#ac7 ,only by coming to terms with history can the ,united ,states effectively champion human rights abroad4 7#ad7 ,an apology offered in the spirit of true repentance moves the ,united ,states toward reconciliation and may become central to a new understanding1 on which improved racial relations can be forged4 7#ae7 ,having concluded that a reckoning with our own history is the only way the country can effectively champion human rights abroad1 #ij ,members of the ,united ,states ,senate agreed to ,senate ,resolution #ci1 #ajith ,congress1 on ,june #ac1 #bjje1 to apologize to the victims of lynching and the descendants of those victims for the failure of the ,senate to enact anti-lynching legislation4 7#af7 ,the ,national ,memorial for ,peace and ,justice1 which opened to the public in ,montgomery1 ,alabama1 on ,april #bf1 #bjah1 is the ,nation's first memorial dedicated to the legacy of enslaved ,black people1 people terrorized by lynching1 ,african ,americans humiliated by racial segregation and ,jim ,crow1 and people of color burdened with contemporary presumptions of guilt and police violence4 7#ag7 ,notwithstanding the ,senate's apology and the heightened awareness and education about the ,nation's legacy with lynching1 it is wholly necessary and appropriate for the ,congress to enact legislation1 after #ajj years of unsuccessful legislative efforts1 finally to make lynching a ,federal crime4 7#ah7 ,further1 it is the sense of ,congress that criminal action by a group increases the likelihood that the criminal object of that group will be successfully attained and decreases the probability that the individuals involved will depart from their path of criminality4 ,therefore1 it is appropriate to specify criminal penalties for the crime of lynching1 or any attempt or conspiracy to commit lynching4 7#ai7 ,the ,united ,states ,senate agreed to unanimously ,senate ,resolution #aah1 #aaeth ,congress1 on ,april #e1 #bjag1 condemning hate crime and any other form of racism1 religious or ethnic bias1 discrimination1 incitement to violence1 or animus targeting a minority in the ,united ,states and taking notice specifically of ,federal ,bureau of ,investigation statistics demonstrating that among single-bias hate crime incidents in the ,united ,states1 #ei4b percent of victims were targeted due to racial1 ethnic1 or ancestral bias1 and among those victims1 #eb4b percent were victims of crimes motivated by the offenders' anti-,black or anti-,african ,american bias4 7#bj7 ,on ,september #ad1 #bjag1 ,president ,donald ,j4 ,trump signed into law ,senate ,joint ,resolution #di 7,public ,law #aae-eh2 #aca ,stat4 #aadi71 wherein ,congress condemned the racist violence and domestic terrorist attack that took place between ,august #aa and ,august #ab1 #bjag1 in ,charlottesville1 ,virginia and urged the ,president and his administration to speak out against hate groups that espouse racism1 extremism1 xenophobia1 anti-,semitism1 and ,white supremacy2 and use all resources available to the ,president and the ,president's ,cabinet to address the growing prevalence of those hate groups in the ,united ,states4 7#ba7 ,senate ,joint ,resolution #di 7,public ,law #aae-eh2 #aca ,stat4 #aadi7 specifically took notice of hundreds of torch-bearing ,white nationalists1 ,white supremacists1 ,klansmen1 and neo-,nazis who chanted racist1 anti-,semitic1 and anti-immigrant slogans and violently engaged with counter-demonstrators on and around the grounds of the ,university of ,virginia in ,charlottesville and that these groups reportedly are organizing similar events in other cities in the ,united ,states and communities everywhere are concerned about the growing and open display of hate and violence being perpetrated by those groups4 #c4 ,lynching 7a7 ,offense ,chapter #ac of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bej4 ,lynching 7a7 ,in general 7#a7 ,offenses involving actual or perceived race1 color1 religion1 or national origin ,if #b or more persons willfully cause bodily injury to any other person1 because of the actual or perceived race1 color1 religion1 or national origin of any person-- 7,a7 each shall be imprisoned not more than #aj years1 fined in accordance with this title1 or both1 if bodily injury results from the offense2 or 7,b7 each shall be imprisoned for any term of years or for life1 fined in accordance with this title1 or both1 if death results from the offense or if the offense includes kidnapping or aggravated sexual abuse4 7#b7 ,offenses involving actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability 7,a7 ,in general ,if #b or more persons1 in any circumstance described in subparagraph 7,b71 willfully cause bodily injury to any other person because of the actual or perceived religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of any person-- 7i7 each shall be imprisoned not more than #aj years1 fined in accordance with this title1 or both1 if bodily injury results from the offense2 or 7ii7 each shall be imprisoned for any term of years or for life1 fined in accordance with this title1 or both1 if death results from the offense or if the offense includes kidnapping or aggravated sexual abuse4 7,b7 ,circumstances described ,for purposes of subparagraph 7,a71 the circumstances described in this subparagraph are that-- 7i7 the conduct described in subparagraph 7,a7 occurs during the course of1 or as the result of1 the travel of the defendant or the victim-- 7,i7 across a ,state line or national border2 or 7,,ii7 using a phone1 the internet1 the mail1 or any other channel1 facility1 or instrumentality of interstate or foreign commerce2 7ii7 the defendant uses a phone1 the internet1 the mail1 or any other channel1 facility1 or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph 7,a72 7iii7 in connection with the conduct described in subparagraph 7,a71 the defendant employs a firearm1 dangerous weapon1 explosive or incendiary device1 or other weapon that has traveled in interstate or foreign commerce2 or 7iv7 the conduct described in subparagraph 7,a7-- 7,i7 interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct2 7,,ii7 otherwise affects interstate or foreign commerce2 or 7,,iii7 occurs within the special maritime or territorial jurisdiction of the ,united ,states4 7#c7 ,offenses occurring in the special maritime or territorial jurisdiction of the united states ,whoever1 within the special maritime or territorial jurisdiction of the ,united ,states1 engages in conduct described in paragraph 7#a7 or in paragraph 7#b77;,a7 7without regard to whether that conduct occurred in a circumstance described in paragraph 7#b77;,b77 shall be subject to the same penalties as prescribed in those paragraphs4 7b7 ,attempt ,whoever attempts to commit any offense under this section-- 7#a7 shall be imprisoned for not more than #aj years1 fined in accordance with this title1 or both2 or 7#b7 if the offense includes kidnapping or an attempt to kidnap1 aggravated sexual abuse or an attempt to commit aggravated sexual abuse1 or an attempt to kill1 shall be imprisoned for any term of years of for life1 fined in accordance with this title1 or both4 7c7 ,conspiracy ,if #b or more persons conspire to commit any offense under this section1 and #a or more of such persons do any act to effect the object of the conspiracy1 each shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy4 7d7 ,certification requirement 7#a7 ,in general ,no prosecution of any offense described in this section may be undertaken by the ,united ,states1 except under the certification in writing of the ,attorney ,general1 or a designee1 that-- 7,a7 the ,state does not have jurisdiction2 7,b7 the ,state has requested that the ,federal ,government assume jurisdiction2 7,c7 the verdict or sentence obtained pursuant to ,state charges left demonstratively unvindicated the ,federal interest in eradicating bias-motivated violence2 or 7,d7 a prosecution by the ,united ,states is in the public interest and necessary to secure substantial justice4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to limit the authority of ,federal officers1 or a ,federal grand jury1 to investigate possible violations of this section4 4 7b7 ,table of sections amendment ,the table of sections for chapter #ac of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bdi the following3 #bej4 ,lynching4 4 ,passed the ,senate ,december #ai1 #bjah4,secretary