I 
108TH CONGRESS 
2D SESSION 
H. R. 4204 
To provide Federal assistance to States and local jurisdictions to prosecute 
hate crimes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2004 
Mr. CONYERS (for himself, Mr. BERMAN, Mr. NADLER, Mr. WATT, Ms. 
LOFGREN, Ms. JACKSON-LEE of Texas, Ms. WATERS, Mr. MEEHAN, Mr. 
DELAHUNT, Mr. WEXLER, Ms. BALDWIN, Mr. WEINER, Mr. SCHIFF, Ms. 
LINDA T. SA´NCHEZ of California, Mr. ABERCROMBIE, Mr. ACKERMAN, 
Mr. ALLEN, Mr. ANDREWS, Mr. BACA, Mr. BAIRD, Mr. BECERRA, Mr. 
BELL, Ms. BERKLEY, Mr. BISHOP of Georgia, Mr. BISHOP of New York, 
Mr. BLUMENAUER, Mrs. BONO, Mr. BOSWELL, Mr. BRADY of Pennsyl-
vania, Ms. CORRINE BROWN of Florida, Mr. BROWN of Ohio, Mrs. 
CAPPS, Mr. CAPUANO, Mr. CARDIN, Ms. CARSON of Indiana, Mr. CASE, 
Mrs. CHRISTENSEN, Mr. CLAY, Mr. COOPER, Mr. CROWLEY, Mr. 
CUMMINGS, Mr. DAVIS of Alabama, Mr. DAVIS of Illinois, Mr. DAVIS of 
Florida, Mrs. DAVIS of California, Mr. DEFAZIO, Ms. DEGETTE, Ms. 
DELAURO, Mr. DEUTSCH, Mr. DICKS, Mr. DINGELL, Mr. DOGGETT, Mr. 
DOYLE, Mr. EMANUEL, Mr. ENGEL, Ms. ESHOO, Mr. EVANS, Mr. 
FALEOMAVAEGA, Mr. FARR, Mr. FATTAH, Mr. FILNER, Mr. FOLEY, Mr. 
FORD, Mr. FRANK of Massachusetts, Mr. FROST, Mr. GEPHARDT, Mr. 
GONZALEZ, Mr. GRIJALVA, Mr. GUTIERREZ, Ms. HARMAN, Mr. 
HASTINGS of Florida, Mr. HINCHEY, Mr. HOEFFEL, Mr. HOLT, Mr. 
HONDA, Mr. HOYER, Mr. INSLEE, Mr. ISRAEL, Mr. JACKSON of Illinois, 
Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. JOHN-
SON of Connecticut, Mrs. JONES of Ohio, Ms. KAPTUR, Mr. KENNEDY 
of Rhode Island, Mr. KILDEE, Mr. KIND, Mr. KLECZKA, Mr. KOLBE, Mr. 
KUCINICH, Mr. LAMPSON, Mr. LANGEVIN, Mr. LANTOS, Mr. LARSEN of 
Washington, Mr. LARSON of Connecticut, Mr. LEACH, Ms. LEE, Mr. 
LEVIN, Mr. LEWIS of Georgia, Mr. LOBIONDO, Mrs. LOWEY, Mr. LYNCH, 
Ms. MAJETTE, Mrs. MCCARTHY of New York, Ms. MCCARTHY of Mis-
souri, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCNUL-
TY, Mrs. MALONEY, Mr. MARKEY, Mr. MATHESON, Mr. MATSUI, Mr. 
MEEK of Florida, Mr. MEEKS of New York, Mr. MENENDEZ, Mr. 
MICHAUD, Ms. MILLENDER-MCDONALD, Mr. GEORGE MILLER of Cali-
fornia, Mr. MOLLOHAN, Mr. MOORE, Mr. MORAN of Virginia, Mrs. 
NAPOLITANO, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. OBERSTAR, 
Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. PASCRELL, Mr. PASTOR,
Mr. PAYNE, Ms. PELOSI, Mr. PRICE of North Carolina, Mr. RANGEL, Mr. 
RODRIGUEZ, Ms. ROS-LEHTINEN, Mr. ROTHMAN, Ms. ROYBAL-ALLARD, 
Mr. RUPPERSBERGER, Mr. RUSH, Mr. SABO, Mr. SANDERS, Ms. LORET-
TA SANCHEZ of California, Mr. SANDLIN, Ms. SCHAKOWSKY, Mr. 
SERRANO, Mr. SHAYS, Mr. SHERMAN, Mr. SIMMONS, Mr. SKELTON, Ms. 
SLAUGHTER, Mr. SMITH of Washington, Mr. SNYDER, Ms. SOLIS, Mr. 
SPRATT, Mr. STARK, Mr. STRICKLAND, Mr. STUPAK, Mrs. TAUSCHER, 
Mr. THOMPSON of California, Mr. THOMPSON of Mississippi, Mr. 
TIERNEY, Mr. TOWNS, Mr. UDALL of Colorado, Mr. UDALL of New Mex-
ico, Mr. VAN HOLLEN, Ms. VELA´ZQUEZ, Mr. VISCLOSKY, Mr. WALSH, 
Ms. WATSON, Mr. WAXMAN, Ms. WOOLSEY, Mr. WU, and Mr. WYNN) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To provide Federal assistance to States and local jurisdic-
tions to prosecute hate crimes, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Local Law Enforce-
ment Hate Crimes Prevention Act of 2004’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The incidence of violence motivated by the 
actual or perceived race, color, religion, national ori-
gin, gender, sexual orientation, 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) State and local authorities are now and will 
continue to be responsible for prosecuting the over-
whelming majority of violent crimes in the United 
States, including violent crimes motivated by bias. 
These authorities can carry out their responsibilities 
more effectively with greater Federal assistance. 
(4) Existing Federal law is inadequate to ad-
dress this problem. 
(5) The prominent characteristic of a violent 
crime motivated by bias is that it devastates not just 
the actual victim and the family and friends of the 
victim, but frequently savages the community shar-
ing the traits that caused the victim to be selected. 
(6) Such violence substantially 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. 
(7) Perpetrators cross State lines to commit 
such violence.
(8) Channels, facilities, and instrumentalities of 
interstate commerce are used to facilitate the com-
mission of such violence. 
(9) Such violence is committed using articles 
that have traveled in interstate commerce. 
(10) For generations, the institutions of slavery 
and involuntary servitude were defined by the race, 
color, and ancestry of those held in bondage. Slavery 
and involuntary servitude were enforced, both prior 
to and after the adoption of the 13th amendment to 
the Constitution of the United States, through wide-
spread public and private violence directed at per-
sons because of their race, color, or ancestry, or per-
ceived race, color, or ancestry. Accordingly, elimi-
nating racially motivated violence is an important 
means of eliminating, to the extent possible, the 
badges, incidents, and relics of slavery and involun-
tary servitude. 
(11) Both at the time when the 13th, 14th, and 
15th amendments to the Constitution of the United 
States were adopted, and continuing to date, mem-
bers of certain religious and national origin groups 
were and are perceived to be distinct ‘‘races’’. Thus, 
in order to eliminate, to the extent possible, the 
badges, incidents, and relics of slavery, it is nec-
essary to prohibit assaults on the basis of real or 
perceived religions or national origins, at least to the 
extent such religions or national origins were re-
garded as races at the time of the adoption of the 
13th, 14th, and 15th amendments to the Constitu-
tion of the United States. 
(12) 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. 
(13) The problem of crimes motivated by bias 
is sufficiently serious, widespread, and interstate in 
nature as to warrant Federal assistance to States 
and local jurisdictions. 
SEC. 3. DEFINITION OF HATE CRIME. 
In this Act, the term ‘‘hate crime’’ has the same 
meaning as in section 280003(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (28 U.S.C. 
994 note). 
SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 
PROSECUTIONS BY STATE AND LOCAL LAW 
ENFORCEMENT OFFICIALS. 
(a) ASSISTANCE OTHER THAN FINANCIAL ASSIST-
ANCE.—
(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, 
2005, 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 
2005 and 2006. 
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 2005, 2006, and 2007 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 per-
son— 
‘‘(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