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‘‘(2) such certifying individual has consulted
with State or local law enforcement officials regard-
ing the prosecution and determined that—
‘‘(A) the State does not have jurisdiction or
does not intend to exercise jurisdiction;
‘‘(B) the State has requested that the Fed-
eral Government assume jurisdiction;
‘‘(C) the State does not object to the Federal
Government assuming jurisdiction; or
‘‘(D) the verdict or sentence obtained pursu-
ant 
to 
State 
charges 
left 
demonstratively
unvindicated the Federal interest in eradicating
bias-motivated violence.
‘‘(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; and
‘‘(3) the term ‘gender identity’ for the purposes
of this chapter means actual or perceived gender-re-
lated characteristics.
‘‘(d) RULE OF EVIDENCE.—In a prosecution for an of-
fense under this section, evidence of expression or associa-
tions of the defendant may not be introduced as substantive
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evidence at trial, unless the evidence specifically relates to
that offense. However, nothing in this section affects the
rules of evidence governing impeachment of a witness.’’.
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The analysis for chapter 13 of title 18,
United States Code, is amended by adding at the end
the following:
‘‘249. Hate crime acts.’’.
(h) STATISTICS.—
(1) IN GENERAL.—Subsection (b)(1) of the first
section of the Hate Crime Statistics Act (28 U.S.C.
534 note) is amended by inserting ‘‘gender and gen-
der identity,’’ after ‘‘race,’’.
(2) DATA.—Subsection (b)(5) of the first section
of the Hate Crime Statistics Act (28 U.S.C. 534 note)
is amended by inserting ‘‘, including data about
crimes committed by, and crimes directed against, ju-
veniles’’ after ‘‘data acquired under this section’’.
(i) SEVERABILITY.—If any provision of this section,
an amendment made by this section, or the application of
such provision or amendment to any person or cir-
cumstance is held to be unconstitutional, the remainder of
this section, the amendments made by this section, and the
application of the provisions of such to any person or cir-
cumstance shall not be affected thereby.
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SEC. 1024. COMPREHENSIVE STUDY AND SUPPORT FOR
CRIMINAL INVESTIGATIONS AND PROSECU-
TIONS BY STATE AND LOCAL LAW ENFORCE-
MENT OFFICIALS.
(a) STUDIES.—
(1) COLLECTION OF DATA.—
(A) DEFINITION OF RELEVANT OFFENSE.—
In this paragraph, the term ‘‘relevant offense’’
means a crime described in subsection (b)(1) of
the first section of Public Law 101–275 (28
U.S.C. 534 note) and a crime that manifests evi-
dence of prejudice based on gender or age.
(B) COLLECTION FROM CROSS-SECTION OF
STATES.—Not later than 120 days after the date
of enactment of this Act, the Comptroller General
of the United States, in consultation with the
National Governors’ Association, shall, if pos-
sible, select 10 jurisdictions with laws classifying
certain types of offenses as relevant offenses and
10 jurisdictions without such laws from which to
collect the data described in subparagraph (C)
over a 12-month period.
(C) DATA TO BE COLLECTED.—The data de-
scribed in this paragraph are—