General may prescribe, to State, local, or tribal programs 
designed to combat hate crimes committed by juveniles, in-
cluding programs to train local law enforcement officers in 
identifying, investigating, prosecuting, and preventing hate 
crimes. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO 
ASSIST STATE, LOCAL, AND TRIBAL LAW EN-
FORCEMENT. 
There are authorized to be appropriated to the Depart-
ment of Justice, including the Community Relations Serv-
ice, for fiscal years 2010, 2011, and 2012, such sums as 
are necessary to increase the number of personnel to prevent 
and respond to alleged violations of section 249 of title 18, 
United States Code, as added by section 7 of this Act. 
SEC. 6. PROHIBITION OF CERTAIN HATE CRIME ACTS. 
(a) IN GENERAL.—Chapter 13 of title 18, United 
States Code, is amended by adding at the end the following: 
‘‘§ 249. Hate crime acts 
‘‘(a) IN GENERAL.— 
‘‘(1) OFFENSES
INVOLVING
ACTUAL
OR
PER-
CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI-
GIN.—Whoever, whether or not acting under color of 
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law, willfully causes bodily injury to any person or, 
through the use of fire, a firearm, or an explosive or 
incendiary device, attempts to cause 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 kidnaping 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
PER-
CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX-
UAL
ORIENTATION, 
GENDER
IDENTITY, 
OR
DIS-
ABILITY.— 
‘‘(A) IN
GENERAL.—Whoever, whether or 
not acting under color of law, in any cir-
cumstance described in subparagraph (B), will-
fully causes bodily injury to any person or, 
through the use of fire, a firearm, or an explosive 
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or incendiary device, attempts to cause bodily 
injury to any person, because of the actual or 
perceived religion, national origin, gender, sex-
ual 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 kid-
naping or an attempt to kidnap, ag-
gravated 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 subpara-
graph (A) occurs during the course of, or as 
the result of, the travel of the defendant or 
the victim— 
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‘‘(I) across a State line or na-
tional border; or 
‘‘(II) using a channel, facility, or 
instrumentality of interstate or foreign 
commerce; 
‘‘(ii) the defendant uses a channel, fa-
cility, 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 defend-
ant employs a firearm, explosive or incen-
diary device, or other weapon that has trav-
eled in interstate or foreign commerce; or 
‘‘(iv) the conduct described in subpara-
graph (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. 
‘‘(b) CERTIFICATION REQUIREMENT.—No prosecution 
of any offense described in this subsection may be under-
taken by the United States, except under the certification 
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in writing of the Attorney General, the Deputy Attorney 
General, the Associate Attorney General, or any Assistant 
Attorney General specially designated by the Attorney Gen-
eral that— 
‘‘(1) such certifying individual has reasonable 
cause to believe that the actual or perceived race, 
color, religion, national origin, gender, sexual ori-
entation, gender identity, or disability of any person 
was a motivating factor underlying the alleged con-
duct of the defendant; and 
‘‘(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.— 
‘‘(1) In this section— 
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‘‘(A) the term ‘explosive or incendiary de-
vice’ has the meaning given such term in section 
232 of this title; and 
‘‘(B) the term ‘firearm’ has the meaning 
given such term in section 921(a) of this title. 
‘‘(2) For the purposes of this chapter, the term 
‘gender identity’ 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 
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.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of sections at the beginning of chapter 13 of title 18, 
United States Code, is amended by adding at the end the 
following new item: 
‘‘249. Hate crime acts.’’. 
SEC. 7. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitu-
tional, the remainder of this Act, the amendments made by 
this Act, and the application of the provisions of such to 
any person or circumstance shall not be affected thereby. 
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Union Calendar No. 40 
111TH CONGRESS 
1ST SESSION 
H. R. 1913 
[Report No. 111–86] 
A BILL 
To provide Federal assistance to States, local juris-
dictions, and Indian tribes to prosecute hate 
crimes, and for other purposes. 
APRIL 27, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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