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SEC. 809. REAUTHORIZATION OF CRISIS NURSERIES.
(a) AUTHORITY TO ESTABLISH DEMONSTRATION GRANT
PROGRAMS.—The Secretary of Health and Human Services
may establish demonstration programs under which grants
are awarded to States to assist private and public agencies
and organizations in providing crisis nurseries for children
who are abused and neglected, are at risk of abuse or ne-
glect, are witnessing domestic violence, or are in families
receiving child protective services.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$15,000,000 for each of fiscal years 2000 through 2002.
TITLE IX—HATE CRIMES PREVENTION
SEC. 901. SHORT TITLE. This title may be cited as
the ‘‘Hate Crimes Prevention Act of 1999’’.
SEC. 902. FINDINGS. Congress finds that—
(1) the incidence of violence motivated by the ac-
tual or perceived race, color, national origin, religion,
sexual orientation, gender, or disability of the victim
poses a serious national problem;
(2) such violence disrupts the tranquility and
safety of communities and is deeply divisive;
(3) existing Federal law is inadequate to address
this problem;
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(4) such violence affects interstate commerce in
many ways, including—
(A) by impeding the movement of members
of targeted groups and forcing such members to
move across State lines to escape the incidence or
risk of such violence; and
(B) by preventing members of targeted
groups from purchasing goods and services, ob-
taining or sustaining employment or partici-
pating in other commercial activity;
(5) perpetrators cross State lines to commit such
violence;
(6) instrumentalities of interstate commerce are
used to facilitate the commission of such violence;
(7) such violence is committed using articles that
have traveled in interstate commerce;
(8) violence motivated by bias that is a relic of
slavery can constitute badges and incidents of slavery;
(9) although many State and local authorities
are now and will continue to be responsible for pros-
ecuting the overwhelming majority of violent crimes
in the United States, including violent crimes moti-
vated by bias, Federal jurisdiction over certain vio-
lent crimes motivated by bias is necessary to supple-
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ment State and local jurisdiction and ensure that jus-
tice is achieved in each case;
(10) Federal jurisdiction over certain violent
crimes motivated by bias enables Federal, State, and
local authorities to work together as partners in the
investigation and prosecution of such crimes;
(11) the problem of hate crime is sufficiently se-
rious, widespread, and interstate in nature as to war-
rant Federal assistance to States and local jurisdic-
tions; and
(12) freedom of speech and association are fun-
damental values protected by the first amendment to
the Constitution of the United States, and it is the
purpose of this title to criminalize acts of violence,
and threats of violence, carried out because of the ac-
tual or perceived race, color, religion, national origin,
gender, sexual orientation, or disability of the victim,
not to criminalize beliefs in the abstract.
SEC. 903. DEFINITION OF HATE CRIME. In this title,
the term ‘‘hate crime’’ has the same meaning as in section
280003(a) of the Violent Crime Control and Law Enforce-
ment Act of 1994 (28 U.S.C. 994 note).
SEC. 904. PROHIBITION OF CERTAIN ACTS OF VIO-
LENCE. Section 245 of title 18, United States Code, is
amended—
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(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c)(1) 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 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, or fined in accordance with this title, or both;
and
‘‘(B) shall be imprisoned for any term of years
or for life, or fined in accordance with this title, or
both if—
‘‘(i) death results from the acts committed
in violation of this paragraph; or
‘‘(ii) the acts committed in violation of this
paragraph include kidnapping or an attempt to
kidnap, aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or an at-
tempt to kill.
‘‘(2)(A) Whoever, whether or not acting under color of
law, in any circumstance described in subparagraph (B),
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willfully causes bodily injury to any person or, through the
use of fire, a firearm, or an explosive device, attempts to
cause bodily injury to any person, because of the actual or
perceived religion, gender, sexual orientation, or disability
of any person—
‘‘(i) shall be imprisoned not more than 10 years,
or fined in accordance with this title, or both; and
‘‘(ii) shall be imprisoned for any term of years
or for life, or fined in accordance with this title, or
both, if—
‘‘(I) death results from the acts committed
in violation of this paragraph; or
‘‘(II) the acts committed in violation of this
paragraph include kidnapping or an attempt to
kidnap, aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or an at-
tempt to kill.
‘‘(B) For purposes of subparagraph (A), the cir-
cumstances described in this subparagraph are that—
‘‘(i) in connection with the offense, the defendant
or the victim travels in interstate or foreign com-
merce, uses a facility or instrumentality of interstate
or foreign commerce, or engages in any activity af-
fecting interstate or foreign commerce; or
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‘‘(ii) the offense is in or affects interstate or for-
eign commerce.
‘‘(3) No prosecution of any offense described in this
subsection may be undertaken by the United States, except
upon the certification in writing of the Attorney General,
the Deputy Attorney General, the Associate Attorney Gen-
eral, or any Assistant Attorney General specially designated
by the Attorney General that—
‘‘(A) he or she has reasonable cause to believe
that the actual or perceived race, color, national ori-
gin, religion, sexual orientation, gender, or disability
of any person was a motivating factor underlying the
alleged conduct of the defendant; and
‘‘(B) that he or his designee or she or her des-
ignee has consulted with State or local law enforce-
ment officials regarding the prosecution and deter-
mined that—
‘‘(i) the State does not have jurisdiction or
refuses to assume jurisdiction;
‘‘(ii) the State has requested that the Fed-
eral Government assume jurisdiction; or
‘‘(iii) actions by State and local law en-
forcement officials have or are likely to leave de-
monstratively unvindicated the Federal interest
in eradicating bias-motivated violence.’’.