General may prescribe, to State, local, or Tribal programs 
designed to combat hate crimes committed by juveniles, in-
cluding programs to train local law enforcement officers in 
identifying, investigating, prosecuting, and preventing hate 
crimes. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO 
ASSIST STATE, LOCAL, AND TRIBAL LAW EN-
FORCEMENT. 
There are authorized to be appropriated to the Depart-
ment of the Treasury and the Department of Justice, in-
cluding the Community Relations Service, for fiscal years 
2008, 2009, and 2010 such sums as are necessary to in-
crease the number of personnel to prevent and respond to 
alleged violations of section 249 of title 18, United States 
Code, as added by section 7 of this Act. 
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 following: 
‘‘§ 249. Hate crime acts 
‘‘(a) IN GENERAL.— 
‘‘(1) OFFENSES
INVOLVING
ACTUAL
OR
PER-
CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI-
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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, 
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, 
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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 religion, national origin, gender, sex-
ual orientation, gender identity 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 offense; 
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 circumstances 
described in this subparagraph are that— 
‘‘(i) the conduct described in subpara-
graph (A) occurs during the course of, or as 
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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 foreign 
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 trav-
eled in interstate or foreign commerce; or 
‘‘(iv) the conduct described in subpara-
graph (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. 
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‘‘(b) CERTIFICATION REQUIREMENT.—No prosecution 
of any offense described in this subsection may be under-
taken by the United States, except under the certification 
in writing of the Attorney General, the Deputy Attorney 
General, the Associate Attorney General, or any Assistant 
Attorney General specially designated by the Attorney Gen-
eral that— 
‘‘(1) such certifying individual has reasonable 
cause to believe that the actual or perceived race, 
color, religion, national origin, gender, sexual ori-
entation, gender identity, or disability of any person 
was a motivating factor underlying the alleged con-
duct of the defendant; and 
‘‘(2) such certifying individual has consulted 
with State or local law enforcement officials regard-
ing 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 Federal 
Government assuming jurisdiction; or 
‘‘(D) the verdict or sentence obtained pursu-
ant 
to 
State 
charges 
left 
demonstratively 
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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 such term in section 232 of this 
title; 
‘‘(2) the term ‘firearm’ has the meaning given 
such term in section 921(a) of this title; and 
‘‘(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 of-
fense under this section, evidence of expression or associa-
tions of the defendant may not be introduced as substantive 
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 
table of sections at the beginning of chapter 13 of title 18, 
United States Code, is amended by adding at the end the 
following new item: 
‘‘249. Hate crime acts.’’. 
SEC. 8. DUTIES OF FEDERAL SENTENCING COMMISSION. 
The United States Sentencing Commission shall study 
the issue of adult recruitment of juveniles to commit hate 
crimes and shall report the Commission’s findings back to 
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the Congress not later than 180 days after the date of the 
enactment of this Act. 
SEC. 9. STATISTICS. 
(a) IN GENERAL.—Subsection (b)(1) of the first section 
of the Hate Crime Statistics Act (28 U.S.C. 534 note) is 
amended by inserting ‘‘gender and gender identity,’’ after 
‘‘race,’’. 
(b) DATA.—Subsection (b)(5) of the first section of the 
Hate Crime Statistics Act (28 U.S.C. 534 note) is amended 
by inserting ‘‘, including data about crimes committed by, 
and crimes directed against, juveniles’’ after ‘‘data acquired 
under this section’’. 
SEC. 10. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitu-
tional, 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 thereby. 
SEC. 11. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to prohibit any expressive conduct 
protected from legal prohibition by, or any activities pro-
tected by the free speech or free exercise clauses of, the First 
Amendment to the Constitution. 
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Union Calendar No. 67 
110TH CONGRESS 
1ST SESSION 
H. R. 1592 
[Report No. 110–113] 
A BILL 
To provide Federal assistance to States, local juris-
dictions, and Indian tribes to prosecute hate 
crimes, and for other purposes. 
APRIL 30, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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