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SEC. 905. DUTIES OF FEDERAL SENTENCING COMMIS-
SION. (a) AMENDMENT OF FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing Com-
mission shall study the issue of adult recruitment of juve-
niles 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 com-
mission of an offense) for adult defendants who recruit juve-
niles to assist in the commission of hate crimes.
(b) CONSISTENCY WITH OTHER GUIDELINES.—In car-
rying out this section, the United States Sentencing Com-
mission 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. 906. GRANT PROGRAM. (a) AUTHORITY TO MAKE
GRANTS.—The Office of Justice Programs of the Depart-
ment of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to State
and local programs designed to combat hate crimes com-
mitted by juveniles, including programs to train local law
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enforcement officers in investigating, prosecuting, and pre-
venting 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. 907. AUTHORIZATION
FOR ADDITIONAL PER-
SONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department
of the Treasury and the Department of Justice, including
the Community Relations Service, for fiscal years 2000,
2001, and 2002 such sums as are necessary to increase the
number of personnel to prevent and respond to alleged vio-
lations of section 245 of title 18, United States Code (as
amended by this title).
SEC. 908. SEVERABILITY. If any provision of this title,
an amendment made by this title, or the application of such
provision or amendment to any person or circumstance is
held to be unconstitutional, the remainder of this title, the
amendments made by this title, and the application of the
provisions of such to any person or circumstance shall not
be affected thereby.
SEC. 909. HATE CRIMES. (a) DECLARATIONS.—Con-
gress declares that—
(1) further efforts must be taken at all levels of
government to respond to the staggering brutality of
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hate crimes that have riveted public attention and
shocked the Nation;
(2) hate crimes are prompted by bias and are
committed to send a message of hate to targeted com-
munities, usually defined on the basis of immutable
traits;
(3) the prominent characteristic of a hate crime
is that it devastates not just the actual victim and the
victim’s family and friends, but frequently savages
the community sharing the traits that caused the vic-
tim to be selected;
(4) any efforts undertaken by the Federal Gov-
ernment to combat hate crimes must respect the pri-
macy that States and local officials have traditionally
been accorded in the criminal prosecution of acts con-
stituting hate crimes; and
(5) an overly broad reaction by the Federal Gov-
ernment to this serious problem might ultimately di-
minish the accountability of State and local officials
in responding to hate crimes and transgress the con-
stitutional limitations on the powers vested in Con-
gress under the Constitution.
(b) STUDIES.—
(1) COLLECTION OF DATA.—
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(A) DEFINITION OF HATE CRIME.—In this
paragraph, the term ‘‘hate crime’’ means—
(i) a crime described in subsection
(b)(1) of the first section of the Hate Crime
Statistics Act (28 U.S.C. 534 note); and
(ii) a crime that manifests evidence of
prejudice based on gender or age.
(B) COLLECTION FROM CROSS-SECTION OF
STATES.—Not later than 120 days after the date
of enactment of this Act, the Comptroller General
of the United States, in consultation with the
National Governors’ Association, shall select 10
jurisdictions with laws classifying certain types
of crimes as hate crimes and 10 jurisdictions
without such laws from which to collect data de-
scribed in subparagraph (C) over a 12-month pe-
riod.
(C) DATA TO BE COLLECTED.—The data to
be collected are—
(i) the number of hate crimes that are
reported and investigated;
(ii) the percentage of hate crimes that
are prosecuted and the percentage that re-
sult in conviction;
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(iii) the length of the sentences imposed
for crimes classified as hate crimes within
a jurisdiction, compared with the length of
sentences imposed for similar crimes com-
mitted in jurisdictions with no hate crime
laws; and
(iv) references to and descriptions of
the laws under which the offenders were
punished.
(D) 
COSTS.—Participating 
jurisdictions
shall be reimbursed for the reasonable and nec-
essary costs of compiling data under this para-
graph.
(2) STUDY OF TRENDS.—
(A) IN
GENERAL.—Not later than 18
months after the date of enactment of this Act,
the Comptroller General of the United States and
the General Accounting Office shall complete a
study that analyzes the data collected under
paragraph (1) and under the Hate Crime Statis-
tics Act of 1990 to determine the extent of hate
crime activity throughout the country and the
success of State and local officials in combating
that activity.
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(B) IDENTIFICATION
OF
TRENDS.—In the
study conducted under subparagraph (A), the
Comptroller General of the United States and the
General Accounting Office shall identify any
trends in the commission of hate crimes specifi-
cally by—
(i) geographic region;
(ii) type of crime committed; and
(iii) the number of hate crimes that
are prosecuted and the number for which
convictions are obtained.
(c) MODEL STATUTE.—
(1) IN GENERAL.—To encourage the identifica-
tion and prosecution of hate crimes throughout the
country, the Attorney General shall, through the Na-
tional Conference of Commissioners on Uniform State
Laws of the American Law Institute or another ap-
propriate forum, and in consultation with the States,
develop a model statute to carry out the goals de-
scribed in subsection (a) and criminalize acts classi-
fied as hate crimes.
(2) REQUIREMENTS.—In developing the model
statute, the Attorney General shall—
(A) include in the model statute crimes that
manifest evidence of prejudice; and
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(B) prepare an analysis of all reasons why
any crime motivated by prejudice based on any
traits of a victim should or should not be in-
cluded.
(d) SUPPORT
FOR CRIMINAL INVESTIGATIONS
AND
PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT
OFFICIALS.—
(1) ASSISTANCE OTHER THAN FINANCIAL ASSIST-
ANCE.—
(A) IN GENERAL.—At the request of a law
enforcement official of a State or a political sub-
division of a State, the Attorney General, acting
through the Director of the Federal Bureau of In-
vestigation, shall provide technical, forensic,
prosecutorial, or any other form of assistance in
the criminal investigation or prosecution of any
crime that—
(i) constitutes a crime of violence (as
defined in section 16 of title 18, United
States Code);
(ii) constitutes a felony under the laws
of the State; and
(iii) is motivated by prejudice based on
the victim’s race, ethnicity, or religion or is
a violation of the State’s hate crime law.
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(B) PRIORITY.—In providing assistance
under subparagraph (A), the Attorney General
shall give priority to crimes committed by of-
fenders who have committed crimes in more than
1 State.
(2) GRANTS.—
(A) IN
GENERAL.—There is established a
grant program within the Department of Justice
to assist State and local officials in the inves-
tigation and prosecution of hate crimes.
(B) ELIGIBILITY.—A State or political sub-
division of a State applying for assistance under
this paragraph shall—
(i) describe the purposes for which the
grant is needed; and
(ii) certify that the State or political
subdivision lacks the resources necessary to
investigate or prosecute the hate crime.
(C) DEADLINE.—An application for a grant
under this paragraph shall be approved or dis-
approved by the Attorney General not later than
24 hours after the application is submitted.
(D) GRANT AMOUNT.—A grant under this
paragraph shall not exceed $100,000 for any sin-
gle case.
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(E) REPORT.—Not later than December 31,
2001, the Attorney General, in consultation with
the National Governors’ Association, shall submit
to Congress a report describing the applications
made for grants under this paragraph, the
award of such grants, and the effectiveness of the
grant funds awarded.
(F) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this paragraph $5,000,000 for each
of fiscal years 2000 and 2001.
(e) INTERSTATE TRAVEL TO COMMIT HATE CRIME.—
(1) IN GENERAL.—Chapter 13 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 249. Interstate travel to commit hate crime
‘‘(a) IN GENERAL.—A person, whether or not acting
under color of law, who—
‘‘(1) travels across a State line or enters or
leaves Indian country in order, by force or threat of
force, to willfully injure, intimidate, or interfere with,
or by force or threat of force to attempt to injure, in-
timidate, or interfere with, any person because of the
person’s race, color, religion, or national origin; and
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‘‘(2) by force or threat of force, willfully injures,
intimidates, or interferes with, or by force or threat
of force attempts to willfully injure, intimidate, or
interfere with any person because of the person’s race,
color, religion, or national origin,
shall be subject to a penalty under subsection (b).
‘‘(b) PENALTIES.—A person described in subsection (a)
who is subject to a penalty under this subsection—
‘‘(1) shall be fined under this title, imprisoned
not more than 1 year, or both;
‘‘(2) if bodily injury results or if the violation
includes the use, attempted use, or threatened use of
a dangerous weapon, explosives, or fire, shall be fined
under this title, imprisoned not more than 10 years,
or both; or
‘‘(3) if death results or if the violation includes
kidnapping or an attempt to kidnap, aggravated sex-
ual abuse or an attempt to commit aggravated sexual
abuse, or an attempt to kill—
‘‘(A) shall be fined under this title, impris-
oned for any term of years or for life, or both;
or
‘‘(B) may be sentenced to death.’’.
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(2) TECHNICAL AMENDMENT.—The analysis for
chapter 13 of title 18, United States Code, is amended
by adding at the end the following:
‘‘249. Interstate travel to commit hate crime.’’.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 2000’’.
Passed the House of Representatives August 5,
1999.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate September 8, 1999.
Attest:
GARY SISCO,
Secretary.