[Congressional Record Volume 167, Number 64 (Wednesday, April 14, 2021)]
[Senate]
[Pages S1945-S1946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1421. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. ENHANCED PENALTIES FOR COVID-19 HATE CRIMES.

       (a) Death Penalty Eligibility.--Section 3592(c) is amended 
     by inserting after paragraph (16) the following:
       ``(17) COVID-19 hate crimes.--The defendant committed a 
     COVID-19 hate crime, as defined in section 2 of the COVID-19 
     Hate Crimes Act.''.
       (b) Increase Statutory Penalties for COVID-19 Hate 
     Crimes.--Section 249(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)'';
       (2) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (3) by inserting after paragraph (2) the following:
       ``(3) Offenses involving covid-19 hate crimes.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B) or paragraph (4), willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, a dangerous 
     weapon, or an explosive

[[Page S1946]]

     or incendiary device, attempts to cause bodily injury to any 
     person, because of--
       ``(i) the actual or perceived religion, national origin, 
     gender, sexual orientation, gender identity, or disability of 
     any person; and
       ``(ii) the actual or perceived relationship to the spread 
     of COVID-19 of any person because of the characteristic 
     described in clause (i),
     shall be fined under this title and imprisoned for not less 
     than 10 years or for life, or, if death results, shall be 
     sentenced to not less than 30 years and not more than life, 
     or may be punished by death.
       ``(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.''; 
     and

       (4) in paragraph (4), as so redesignated--
       (A) by striking ``(1) or in paragraph (2)(A)'' and 
     inserting ``(1), in paragraph (2)(A)''; and
       (B) by inserting ``, or in paragraph (3)(A) (without regard 
     to whether that conduct occurred in a circumstance described 
     in paragraph (3)(B))'' after ``paragraph (2)(B))''
                                 ______