What This Bill Does
This bill makes it a federal crime to intentionally damage, deface or destroy civil rights memorials. The law sets different penalties depending on whether the damage costs $5,000 or less, or more than $5,000. The bill requires the U.S. Commission on Civil Rights to create a list of civil rights events and figures that receive protection under this law.
Who It Affects
People who damage protected civil rights memorials. The U.S. Commission on Civil Rights (the agency that enforces civil rights laws). The Attorney General (the head of the Department of Justice). Property owners and managers of protected memorials.
Key Provisions
• People who intentionally damage, deface or destroy protected memorials can face up to one year in prison, community service of up to 300 hours, or a fine if the damage equals $5,000 or less (Sec. 2)
• People who intentionally damage, deface or destroy protected memorials can face up to three years in prison or a fine if the damage exceeds $5,000 (Sec. 2)
• The law applies when someone travels across state lines or international borders to commit the crime, or uses mail or interstate commerce in committing the crime, or when the memorial is on federal property (Sec. 2)
• The U.S. Commission on Civil Rights must create and submit a list of protected civil rights events and figures within one year of the law taking effect (Sec. 3)
• Anyone convicted of breaking this law must pay restitution (money to repair or replace what was damaged) (Sec. 2)
• The Attorney General must publish the list of protected civil rights events and figures on the Department of Justice website (Sec. 3)
What Changes
A new federal crime is created for destroying or damaging specific civil rights memorials listed in the bill. The bill names 19 protected memorials, including the Emmett Till Memorial in Mississippi, the Edmund Pettus Bridge in Alabama, and the African American Civil War Memorial in Washington, DC. Federal courts gain the power to prosecute and punish people who damage these memorials. The U.S. Commission on Civil Rights gains new responsibility to identify additional protected civil rights events and figures annually.
Important Definitions
"Covered civil rights figure" means any person on a list submitted by the U.S. Commission on Civil Rights who dedicated themselves to expanding personal freedoms and ending discrimination based on race, religion, disability, gender identity or sexual orientation during civil rights movements, and who left a positive impact on a local government, state or the United States.
"Covered civil rights event" means any event on a list submitted by the U.S. Commission on Civil Rights that memorializes the struggle to secure equal rights for groups facing discrimination based on race, religion, disability, gender identity or sexual orientation during civil rights movements, and that left a positive impression on a local government, state or the United States.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 999
To prohibit the destruction of civil rights memorials, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2023
Mr. COHEN (for himself, Mr. BISHOP of Georgia, Ms. LEE of California, and
Ms. TLAIB) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A BILL
To prohibit the destruction of civil rights memorials, and
for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Civil Rights Legacy
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Protection Act’’.
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SEC. 2. PROHIBITION ON DESTRUCTION OF CERTAIN PROP-
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ERTY.
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(a) IN GENERAL.—Chapter 65 of title 18, United
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States Code, is amended by adding at the end the fol-
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lowing:
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•HR 999 IH
‘‘§ 1370. Prohibiting destruction of civil rights memo-
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rials
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‘‘(a) DESTRUCTION OF PROPERTY.—Whoever, in a
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circumstance described in subsection (b), intentionally de-
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faces, damages, or destroys a protected memorial under
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subsection (c) or any structure, plaque, statue, or monu-
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ment on public property that commemorates a covered
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civil rights event or a covered civil rights figure shall—
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‘‘(1) in the case that such defacement, damage,
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or destruction is in an amount that is equal to or
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less than $5,000, be required to complete up to 300
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hours of community service, fined under this title, or
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imprisoned not more than a year; or
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‘‘(2) in the case that such defacement, damage,
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or destruction is in an amount that is more than
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$5,000, be fined under this title or imprisoned not
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more than 3 years.
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‘‘(b) CIRCUMSTANCES.—A circumstance described in
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this subsection is that—
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‘‘(1) in committing the offense described in sub-
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section (a), the defendant travels or causes another
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to travel in interstate or foreign commerce, or uses
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the mail or an instrumentality of interstate or for-
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eign commerce; or
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‘‘(2) the structure, plaque, statue, or monument
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described in subsection (a) is located on property
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•HR 999 IH
owned by, or under the jurisdiction of, the Federal
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Government.
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‘‘(c) PROTECTED MEMORIALS.—The following are
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protected memorials:
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‘‘(1) Emmett Till Memorial, Mississippi.
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‘‘(2) Mississippi Freedom Trail Markers, Mis-
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sissippi.
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‘‘(3) Edmund Pettus Bridge, Alabama.
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‘‘(4) Birmingham Civil Rights National Monu-
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ment, Alabama.
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‘‘(5) Civil Rights Memorial Center, Memorial to
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Peace & Justice, Alabama.
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‘‘(6) Virginia Civil Rights Memorial, Virginia.
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‘‘(7) Landmark for Peace Memorial in Dr. Mar-
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tin Luther King Jr. Park, Indiana.
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‘‘(8) Harriet Ross Tubman Memorial, Massa-
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chusetts.
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‘‘(9) National Civil Rights Museum at the Lor-
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raine Motel, Tennessee.
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‘‘(10) Dr. Martin Luther King Jr. Monument,
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Colorado.
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‘‘(11) Harriet Tubman Underground Railroad
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National Monument, Maryland.
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‘‘(12) African American Civil War Memorial,
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Washington, DC.
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•HR 999 IH
‘‘(13) Freedom Riders National Monument,
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Alabama.
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‘‘(14) African Burial Ground National Monu-
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ment, New York.
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‘‘(15) Charles Young Buffalo Soldiers National
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Monument, Ohio.
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‘‘(16) Reconstruction Era National Park, South
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Carolina.
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‘‘(17) George Washington Carver National
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Monument, Missouri.
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‘‘(18) Medgar and Myrlie Evers National
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Monument, Mississippi.
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‘‘(19) Markers on the Civil Rights Trail.
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‘‘(d) RESTITUTION.—Whoever is convicted of an of-
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fense under this section shall be ordered to pay restitution.
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‘‘(e) COVERED EVENTS AND FIGURES.—In this sec-
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tion—
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‘‘(1) the term ‘covered civil rights figure’ means
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any figure on the list submitted by the United
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States Commission on Civil Rights pursuant to sec-
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tion 3(a) of the Civil Rights Legacy Protection Act;
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and
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‘‘(2) the term ‘covered civil rights event’ means
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any event on the list submitted by the United States
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•HR 999 IH
Commission on Civil Rights pursuant to section 3(a)
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of the Civil Rights Legacy Protection Act.’’.
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(b) TABLE OF SECTIONS.—The table of sections for
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chapter 65 of title 18, United States Code, is amended
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by adding at the end the following item:
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‘‘1370. Prohibiting destruction of civil rights memorials.’’.
SEC. 3. UNITED STATES COMMISSION ON CIVIL RIGHTS.
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(a) IN GENERAL.—Not later than 1 year after the
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date of enactment of this Act, the United States Commis-
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sion on Civil Rights shall develop and submit to the Attor-
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ney General a list of covered civil rights events and covered
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civil rights figures as follows:
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(1) COVERED CIVIL RIGHTS EVENT.—For pur-
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poses of developing a list of covered civil rights
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events, the United States Commission on Civil
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Rights shall include on the list any event that—
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(A) memorializes the struggle to secure
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equal rights for groups suffering from discrimi-
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nation on the basis of race, religion, disability,
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gender identity, or sexual orientation during the
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Civil Rights Movement and other social move-
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ments; and
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(B) left a positive impression on a unit of
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local government, a State, or the United States.
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(2) COVERED CIVIL RIGHTS FIGURE.—For pur-
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poses of developing a list of covered civil rights fig-
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•HR 999 IH
ures, the United States Commission on Civil Rights
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shall include on the list any person who—
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(A) is known for dedication and advocacy
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toward expanding personal civil liberties and
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ending racial and other forms of discrimination,
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disenfranchisement, and segregation; or
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(B)(i) worked to secure equal rights for
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groups suffering from discrimination on the
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basis of race, religion, disability, gender iden-
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tity, or sexual orientation during the Civil
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Rights Movement and other social movements;
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and
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(ii) has left a positive impression and leg-
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acy on a unit of local government, a State, or
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the United States.
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(b) MODIFICATIONS TO LIST.—The United States
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Commission on Civil Rights shall review annually and
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modify as necessary the list submitted by the Commission
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pursuant to (a).
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(c) PUBLISHING LIST.—The Attorney General shall
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ensure that the list submitted by the United States Com-
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mission on Civil Rights pursuant to subsection (a), and
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any modifications made by the Commission pursuant to
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•HR 999 IH
subsection (b), shall be made available to the public on
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the Department of Justice website.
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Æ
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