To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

SA 1511. Mr. LEAHY (for himself, Ms. Collins, Mr. Kennedy, Ms. Snowe,
Mr. Levin, Mrs. Feinstein, Mr. Schumer, Mr. Durbin, Mr. Cardin, Mr.
Whitehouse, Ms. Klobuchar, Mr. Specter, Mr. Franken, Ms. Mikulski, Mr.
Merkley, Mrs. Gillibrand, Mr. Menendez, Mrs. Shaheen, Mr. Kerry, Mr.
Udall of Colorado, Mr. Dodd, Mr. Harkin, Mr. Wyden, Mr. Casey, Ms.
Cantwell, Mr. Lautenberg, Mr. Lieberman, Mrs. Boxer, Mr. Brown, Mr.
Akaka, Mr. Sanders, Mrs. Murray, Mr. Reed, Mr. Bingaman, Mr. Kaufman,
Mr. Inouye, Ms. Stabenow, and Mr. Reid) submitted an amendment intended
to be proposed by him to the bill S. 1390, to authorize appropriations
for fiscal year 2010 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military

[[Page S7491]]

personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of the bill, insert the following:

DIVISION __--MATTHEW SHEPARD HATE CRIMES PREVENTION ACT

SEC. _01. SHORT TITLE.

This division may be cited as the ``Matthew Shepard Hate
Crimes Prevention Act''.

SEC. _02. FINDINGS.

Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, 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 overwhelming 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 address this
problem.
(5) A 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 sharing the traits that caused the victim to be
selected.
(6) Such violence substantially affects interstate commerce
in many ways, including the following:
(A) The movement of members of targeted groups is impeded,
and members of such groups are forced to move across State
lines to escape the incidence or risk of such violence.
(B) Members of targeted groups are prevented from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial activity.
(C) Perpetrators cross State lines to commit such violence.
(D) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the commission of
such violence.
(E) Such violence is committed using articles that have
traveled in interstate commerce.
(7) 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 widespread public and private violence
directed at persons because of their race, color, or
ancestry, or perceived race, color, or ancestry. Accordingly,
eliminating racially motivated violence is an important means
of eliminating, to the extent possible, the badges,
incidents, and relics of slavery and involuntary servitude.
(8) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members 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 necessary 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 regarded
as races at the time of the adoption of the 13th, 14th, and
15th amendments to the Constitution of the United States.
(9) 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.
(10) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal assistance to States, local jurisdictions,
and Indian tribes.

SEC. _03. DEFINITION OF HATE CRIME.

In this division--
(1) the term ``crime of violence'' has the meaning given
that term in section 16, title 18, United States Code;
(2) the term ``hate crime'' has the meaning given such term
in section 280003(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State.

SEC. _04. SUPPORT FOR CRIMINAL INVESTIGATIONS AND
PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW
ENFORCEMENT OFFICIALS.

(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of State, local, or tribal
law enforcement agency, the Attorney General may provide
technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of
any crime that--
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or tribal
laws; and
(C) is motivated by prejudice based on the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim, or is a violation of the State, local, or tribal hate
crime laws.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed
by offenders who have committed crimes in more than one State
and to rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
State, local, and tribal law enforcement agencies for
extraordinary expenses associated with the investigation and
prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program under this subsection, the Office of Justice Programs
shall work closely with grantees 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, local, and tribal law
enforcement agency 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 beginning on a date that the Attorney General shall
prescribe.
(C) Requirements.--A State, local, and tribal law
enforcement agency applying for a grant under this subsection
shall--
(i) describe the extraordinary purposes for which the grant
is needed;
(ii) certify that the State, local government, or Indian
tribe lacks the resources necessary to investigate or
prosecute the hate crime;
(iii) demonstrate that, in developing a plan to implement
the grant, the State, local, and tribal law enforcement
agency has consulted and coordinated with nonprofit,
nongovernmental victim services programs that have experience
in providing services to victims of hate crimes; and
(iv) certify that any Federal funds received 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 denied by the Attorney
General not later than 180 business days after the date on
which the Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction in any 1-year
period.
(6) Report.--Not later than December 31, 2010, 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 2010 and 2011.

SEC. _05. GRANT PROGRAM.

(a) Authority To Award Grants.--The Office of Justice
Programs of the Department of Justice may award grants, in
accordance with such regulations as the Attorney General may
prescribe, to State, local, or tribal programs designed to
combat hate crimes committed by juveniles, including 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 necessary to carry out
this section.

SEC. _06. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST
STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT.

There are authorized to be appropriated to the Department
of Justice, including the Community Relations Service, for
fiscal years 2010, 2011, and 2012 such sums as are necessary
to increase the number of personnel to prevent and respond to
alleged violations of section 249 of title 18, United States
Code, as added by section _07 of this division.

SEC. _07. 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:

``Sec. 249. Hate crime acts

``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, a dangerous
weapon, 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 kidnapping 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 perceived religion,
national origin, gender,

[[Page S7492]]

sexual orientation, gender identity, or disability.--
``(A) In general.--Whoever, whether or not acting under
color of law, in any circumstance described in subparagraph
(B) or paragraph (3), willfully causes bodily injury to any
person or, through the use of fire, a firearm, a dangerous
weapon, or an explosive or incendiary device, attempts to
cause bodily injury to any person, because of the actual or
perceived religion, national origin, gender, sexual
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 kidnapping or an attempt to
kidnap, aggravated 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 subparagraph (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 national border; or
``(II) using a channel, facility, or instrumentality of
interstate or foreign commerce;

``(ii) the defendant uses a channel, facility, 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 defendant employs a firearm, dangerous
weapon, explosive or incendiary device, or other weapon that
has traveled in interstate or foreign commerce; or
``(iv) the conduct described in subparagraph (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.

``(3) Offenses occurring in the special maritime or
territorial jurisdiction of the united states.--Whoever,
within the special maritime or territorial jurisdiction of
the United States, commits an offense described in paragraph
(1) or (2) shall be subject to the same penalties as
prescribed in those paragraphs.
``(b) Certification Requirement.--
``(1) In general.--No prosecution of any offense described
in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney
General, or his designee, that--
``(A) the State does not have jurisdiction;
``(B) the State has requested that the Federal Government
assume jurisdiction;
``(C) the verdict or sentence obtained pursuant to State
charges left demonstratively unvindicated the Federal
interest in eradicating bias-motivated violence; or
``(D) a prosecution by the United States is in the public
interest and necessary to secure substantial justice.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of Federal
officers, or a Federal grand jury, to investigate possible
violations of this section.
``(c) Definitions.--In this section--
``(1) the term ``bodily injury'' has the meaning given such
term in section 1365(h)(4) of this title, but does not
include solely emotional or psychological harm to the victim;
``(2) the term `explosive or incendiary device' has the
meaning given such term in section 232 of this title;
``(3) the term `firearm' has the meaning given such term in
section 921(a) of this title; and
``(4) the term `gender identity' for the purposes of this
chapter means actual or perceived gender-related
characteristics.''.
(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. _08. 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. _09. SEVERABILITY.

If any provision of this division, an amendment made by
this division, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this division, the
amendments made by this division, and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.

SEC. _10. RULE OF CONSTRUCTION.

For purposes of construing this division and the amendments
made by this division the following shall apply:
(1) Relevant evidence.--Courts may consider relevant
evidence of speech, beliefs, or expressive conduct to the
extent that such evidence is offered to prove an element of a
charged offense or is otherwise admissible under the Federal
Rules of Evidence. Nothing in this division is intended to
affect the existing rules of evidence.
(2) Violent acts.--This division applies to violent acts
motivated by actual or perceived race, color, religion,
national origin, gender, sexual orientation, gender identity
or disability of a victim.
(3) Constitutional protections.--Nothing in this division
shall be construed to prohibit any constitutionally protected
speech, expressive conduct or activities (regardless of
whether compelled by, or central to, a system of religious
belief), including the exercise of religion protected by the
First Amendment and peaceful picketing or demonstration. The
Constitution does not protect speech, conduct or activities
consisting of planning for, conspiring to commit, or
committing an act of violence.
(4) Free expression.--Nothing in this division shall be
construed to allow prosecution based solely upon an
individual's expression of racial, religious, political, or
other beliefs or solely upon an individual's membership in a
group advocating or espousing such beliefs.
______