(1) IN GENERAL.—At the request of a law en-
forcement official of a State or Indian tribe, the At-
torney General may provide technical, forensic, pros-
ecutorial, or any other form of assistance in the
criminal investigation or prosecution of any crime
that—
(A) constitutes a crime of violence (as de-
fined in section 16 of title 18, United States
Code);
(B) constitutes a felony under the laws of
the State or Indian tribe; and
(C) is motivated by prejudice based on the
race, color, religion, national origin, gender,
sexual orientation, or disability of the victim, or
is a violation of the hate crime laws of the State
or Indian tribe.
(2) PRIORITY.—In providing assistance under
paragraph (1), the Attorney General shall give pri-
ority to crimes committed by offenders who have
committed crimes in more than 1 State and to rural
jurisdictions that have difficulty covering the ex-
traordinary expenses relating to the investigation or
prosecution of the crime.
(b) GRANTS.—
(1) IN GENERAL.—The Attorney General may
award grants to assist State, local, and Indian law
enforcement officials with the extraordinary expenses
associated with the investigation and prosecution of
hate crimes.
(2) OFFICE OF JUSTICE PROGRAMS.—In imple-
menting the grant program, the Office of Justice
Programs shall work closely with the funded juris-
dictions to ensure that the concerns and needs of all
affected parties, including community groups and
schools, colleges, and universities, are addressed
through the local infrastructure developed under the
grants.
(3) APPLICATION.—
(A) IN GENERAL.—Each State that desires
a grant under this subsection shall submit an
application to the Attorney General at such
time, in such manner, and accompanied by or
containing such information as the Attorney
General shall reasonably require.
(B) DATE FOR SUBMISSION.—Applications
submitted pursuant to subparagraph (A) shall
be submitted during the 60-day period begin-
ning on a date that the Attorney General shall
prescribe.
(C) REQUIREMENTS.—A State or political
subdivision of a State or tribal official applying
for assistance under this subsection shall—
(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.
(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,
2002, 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
2002 and 2003.
SEC. 5. 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.
SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO
ASSIST STATE AND LOCAL LAW ENFORCE-
MENT.
There are authorized to be appropriated to the De-
partment of the Treasury and the Department of Justice,
including the Community Relations Service, for fiscal
years 2002, 2003, and 2004 such sums as are necessary
to increase the number of personnel to prevent and re-
spond to alleged violations of section 249 of title 18,
United States Code, as added by section 7.
SEC. 7. 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
‘‘(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, OR DISABILITY.—
‘‘(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, 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 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
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-
tional origin, gender, sexual orientation, or disability
of any person was a motivating factor underlying the
alleged conduct of the defendant; 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; and
‘‘(2) the term ‘firearm’ has the meaning given
the term in section 921(a) of this title.’’.
(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. 8. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) AMENDMENT OF FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to the authority provided under section
994 of title 28, United States Code, the United States
Sentencing Commission shall study the issue of adult re-
cruitment of juveniles to commit hate crimes and shall,
if appropriate, amend the Federal sentencing guidelines
to provide sentencing enhancements (in addition to the
sentencing enhancement provided for the use of a minor
during the commission of an offense) for adult defendants
who recruit juveniles to assist in the commission of hate
crimes.
(b) CONSISTENCY WITH OTHER GUIDELINES.—In
carrying out this section, the United States Sentencing
Commission shall—
(1) ensure that there is reasonable consistency
with other Federal sentencing guidelines; and
(2) avoid duplicative punishments for substan-
tially the same offense.
SEC. 9. 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,’’ after ‘‘race,’’.
SEC. 10. SEVERABILITY.
If any provision of this Act, an amendment made by
this Act, 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
to any person or circumstance shall not be affected there-
by.
Æ