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), 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 at-
tempt to kidnap, aggravated sexual abuse or an
attempt to commit aggravated sexual abuse, or
an attempt to kill.
‘‘(B) For purposes of subparagraph (A), the cir-
cumstances described in this subparagraph are that—
‘‘(i) in connection with the offense, the defend-
ant or the victim travels in interstate or foreign
commerce, uses a facility or instrumentality of inter-
state or foreign commerce, or engages in any activity
affecting interstate or foreign commerce; or
‘‘(ii) the offense is in or affects interstate or
foreign commerce.’’.
SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) AMENDMENT OF FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994 of
title 28, United States Code, the United States Sentencing
Commission shall study the issue of adult recruitment of
juveniles to commit hate crimes and shall, if appropriate,
amend the Federal sentencing guidelines to provide sen-
tencing enhancements (in addition to the sentencing en-
hancement 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. 6. GRANT PROGRAM.
(a) AUTHORITY TO MAKE GRANTS.—The Adminis-
trator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice shall make
grants, in accordance with such regulations as the Attor-
ney General may prescribe, to State and local programs
designed to combat hate crimes committed by juveniles.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
SEC. 7. 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 1998, 1999, and 2000 such sums as are necessary
to increase the number of personnel to prevent and re-
spond to alleged violations of section 245 of title 18,
United States Code (as amended by this Act).
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