120
(i) describe the extraordinary pur-
poses for which the grant is needed; 
(ii) certify that the State, political 
subdivision, or Indian tribe lacks the re-
sources necessary to investigate or pros-
ecute the hate crime; 
(iii) demonstrate that, in developing a 
plan to implement the grant, the State, po-
litical subdivision, or tribal official has con-
sulted and coordinated with nonprofit, non-
governmental victim services programs 
that have experience in providing services 
to victims of hate crimes; and 
(iv) certify that any Federal funds re-
ceived under this subsection will be used to 
supplement, not supplant, non-Federal 
funds that would otherwise be available for 
activities funded under this subsection. 
(4) DEADLINE.—An application for a grant 
under this subsection shall be approved or dis-
approved by the Attorney General not later than 30 
business days after the date on which the Attorney 
General receives the application.
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(5) GRANT AMOUNT.—A grant under this sub-
section shall not exceed $100,000 for any single ju-
risdiction within a 1 year period. 
(6) REPORT.—Not later than December 31, 
2006, the Attorney General shall submit to Congress 
a report describing the applications submitted for 
grants under this subsection, the award of such 
grants, and the purposes for which the grant 
amounts were expended. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out 
this subsection $5,000,000 for each of fiscal years 
2006 and 2007. 
SEC. 1005. GRANT PROGRAM. 
(a) AUTHORITY TO MAKE GRANTS.—The Office of 
Justice Programs of the Department of Justice shall 
award grants, in accordance with such regulations as the 
Attorney General may prescribe, to State and local pro-
grams designed to combat hate crimes committed by juve-
niles, including programs to train local law enforcement 
officers in identifying, investigating, prosecuting, and pre-
venting hate crimes. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section.
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SEC. 1006. AUTHORIZATION FOR ADDITIONAL PERSONNEL 
TO ASSIST STATE AND LOCAL LAW ENFORCE-
MENT. 
There are authorized to be appropriated to the De-
partment of Justice, including the Community Relations 
Service, for fiscal years 2006, 2007, and 2008 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 1007. 
SEC. 1007. 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 fol-
lowing: 
‘‘§ 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 
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
123
‘‘(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 explo-
sive or incendiary device, attempts to cause 
bodily injury to any person, because of the ac-
tual or perceived religion, national origin, gen-
der, sexual orientation, gender identity or dis-
ability of any person—
‘‘(i) shall be imprisoned not more 
than 10 years, fined in accordance with 
this title, or both; and
124
‘‘(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 of-
fense; 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 
cir-
cumstances 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—
‘‘(I) across a State line or na-
tional border; or 
‘‘(II) using a channel, facility, or 
instrumentality of interstate or for-
eign commerce; 
‘‘(ii) the defendant uses a channel, fa-
cility, or instrumentality of interstate or
125
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 
traveled in interstate or foreign commerce; 
or 
‘‘(iv) the conduct described in sub-
paragraph (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 prosecu-
tion of any offense described in this subsection may be 
undertaken by the United States, except under the certifi-
cation in writing of the Attorney General, the Deputy At-
torney General, the Associate Attorney General, or any 
Assistant Attorney General specially designated by the At-
torney General that—
‘‘(1) he or she has reasonable cause to believe 
that the actual or perceived race, color, religion, na-
126
tional origin, gender, sexual orientation, gender iden-
tity, or disability of any person was a motivating 
factor underlying the alleged conduct of the defend-
ant; and 
‘‘(2) he or his designee or she or her designee 
has consulted with State or local law enforcement of-
ficials regarding 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 Fed-
eral Government assuming jurisdiction; or 
‘‘(D) the verdict or sentence obtained pur-
suant 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 the term in section 232 of 
this title; 
‘‘(2) the term ‘firearm’ has the meaning given 
the term in section 921(a) of this title; and
127
‘‘(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 
offense under this section, evidence of expression or asso-
ciations of the defendant may not be introduced as sub-
stantive 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 analysis for chapter 13 of title 18, United States 
Code, is amended by adding at the end the following:
‘‘249. Hate crime acts.’’.
SEC. 1008. STATISTICS. 
Subsection (b)(1) of the first section of the Hate 
Crimes Statistics Act (28 U.S.C. 534 note) is amended 
by inserting ‘‘gender and gender identity,’’ after ‘‘race,’’. 
SEC. 1009. SEVERABILITY. 
If any provision of this title, an amendment made by 
this title, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made 
by this Act, and the application of the provisions of such
128
to any person or circumstance shall not be affected there-
by.
Passed the House of Representatives September 14, 
2005. 
Attest:
Clerk.
109TH CONGRESS 
1ST SESSION 
H. R. 3132
AN ACT 
To make improvements to the national sex offender 
registration program, and for other purposes.