[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 937 Enrolled Bill (ENR)]
S.937
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty one
An Act
To facilitate the expedited review of COVID-19 hate crimes, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COVID-19 Hate Crimes Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Following the spread of COVID-19 in 2020, there has been a
dramatic increase in hate crimes and violence against Asian-
Americans and Pacific Islanders.
(2) According to a recent report, there were nearly 3,800
reported cases of anti-Asian discrimination and incidents related
to COVID-19 between March 19, 2020, and February 28, 2021, in all
50 States and the District of Columbia.
(3) During this time frame, race has been cited as the primary
reason for discrimination, making up over 90 percent of incidents,
and the United States condemns and denounces any and all anti-Asian
and Pacific Islander sentiment in any form.
(4) Roughly 36 percent of these incidents took place at a
business and more than 2,000,000 Asian-American businesses have
contributed to the diverse fabric of American life.
(5) More than 1,900,000 Asian-American and Pacific Islander
older adults, particularly those older adults who are recent
immigrants or have limited English proficiency, may face even
greater challenges in dealing with the COVID-19 pandemic, including
discrimination, economic insecurity, and language isolation.
(6) In the midst of this alarming surge in anti-Asian hate
crimes and incidents, a shooter murdered the following 8 people in
the Atlanta, Georgia region, 7 of whom were women and 6 of whom
were women of Asian descent:
(A) Xiaojie Tan.
(B) Daoyou Feng.
(C) Delaina Ashley Yaun Gonzalez.
(D) Paul Andre Michels.
(E) Soon Chung Park.
(F) Hyun Jung Grant.
(G) Suncha Kim.
(H) Yong Ae Yue.
(7) The people of the United States will always remember the
victims of these shootings and stand in solidarity with those
affected by this senseless tragedy and incidents of hate that have
affected the Asian and Pacific Islander communities.
SEC. 3. REVIEW OF HATE CRIMES.
(a) In General.--Not later than 7 days after the date of enactment
of this Act, the Attorney General shall designate an officer or
employee of the Department of Justice whose responsibility during the
applicable period shall be to facilitate the expedited review of hate
crimes (as described in section 249 of title 18, United States Code)
and reports of any such crime to Federal, State, local, or Tribal law
enforcement agencies.
(b) Applicable Period Defined.--In this section, the term
``applicable period'' means the period beginning on the date on which
the officer or employee is designated under subsection (a), and ending
on the date that is 1 year after the date on which the emergency period
described in subparagraph (B) of section 1135(g)(1) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)) ends, except that the Attorney
General may extend such period as appropriate.
SEC. 4. GUIDANCE.
(a) Guidance for Law Enforcement Agencies.--The Attorney General
shall issue guidance for State, local, and Tribal law enforcement
agencies, pursuant to this Act and other applicable law, on how to--
(1) establish online reporting of hate crimes or incidents, and
to have online reporting that is equally effective for people with
disabilities as for people without disabilities available in
multiple languages as determined by the Attorney General;
(2) collect data disaggregated by the protected characteristics
described in section 249 of title 18, United States Code; and
(3) expand public education campaigns aimed at raising
awareness of hate crimes and reaching victims, that are equally
effective for people with disabilities as for people without
disabilities.
(b) Guidance Relating to COVID-19 Pandemic.--The Attorney General
and the Secretary of Health and Human Services, in coordination with
the COVID-19 Health Equity Task Force and community-based
organizations, shall issue guidance aimed at raising awareness of hate
crimes during the COVID-19 pandemic.
SEC. 5. JABARA-HEYER NO HATE ACT.
(a) Short Title.--This section may be cited as the ``Khalid Jabara
and Heather Heyer National Opposition to Hate, Assault, and Threats to
Equality Act of 2021'' or the ``Jabara-Heyer NO HATE Act''.
(b) Findings.--Congress finds the following:
(1) The incidence of violence known as hate crimes, or crimes
motivated by bias, poses a serious national problem.
(2) According to data obtained by the Federal Bureau of
Investigation, the incidence of such violence increased in 2019,
the most recent year for which data is available.
(3) In 1990, Congress enacted the Hate Crime Statistics Act
(Public Law 101-275; 28 U.S.C. 534 note) to provide the Federal
Government, law enforcement agencies, and the public with data
regarding the incidence of hate crime. The Hate Crime Statistics
Act and the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act (division E of Public Law 111-84; 123 Stat. 2835)
have enabled Federal authorities to understand and, where
appropriate, investigate and prosecute hate crimes.
(4) A more complete understanding of the national problem posed
by hate crime is in the public interest and supports the Federal
interest in eradicating bias-motivated violence referenced in
section 249(b)(1)(C) of title 18, United States Code.
(5) However, a complete understanding of the national problem
posed by hate crimes is hindered by incomplete data from Federal,
State, and local jurisdictions through the Uniform Crime Reports
program authorized under section 534 of title 28, United States
Code, and administered by the Federal Bureau of Investigation.
(6) Multiple factors contribute to the provision of inaccurate
and incomplete data regarding the incidence of hate crime through
the Uniform Crime Reports program. A significant contributing
factor is the quality and quantity of training that State and local
law enforcement agencies receive on the identification and
reporting of suspected bias-motivated crimes.
(7) The problem of crimes motivated by bias is sufficiently
serious, widespread, and interstate in nature as to warrant Federal
financial assistance to States and local jurisdictions.
(8) Federal financial assistance with regard to 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.
(c) Definitions.--In this section:
(1) Hate crime.--The term ``hate crime'' means an act described
in section 245, 247, or 249 of title 18, United States Code, or in
section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631).
(2) Priority agency.--The term ``priority agency'' means--
(A) a law enforcement agency of a unit of local government
that serves a population of not less than 100,000, as computed
by the Federal Bureau of Investigation; or
(B) a law enforcement agency of a unit of local government
that--
(i) serves a population of not less than 50,000 and
less than 100,000, as computed by the Federal Bureau of
Investigation; and
(ii) has reported no hate crimes through the Uniform
Crime Reports program in each of the 3 most recent calendar
years for which such data is available.
(3) State.--The term ``State'' has the meaning given the term
in section 901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10251).
(4) Uniform crime reports.--The term ``Uniform Crime Reports''
means the reports authorized under section 534 of title 28, United
States Code, and administered by the Federal Bureau of
Investigation that compile nationwide criminal statistics for use--
(A) in law enforcement administration, operation, and
management; and
(B) to assess the nature and type of crime in the United
States.
(5) Unit of local government.--The term ``unit of local
government'' has the meaning given the term in section 901 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10251).
(d) Reporting of Hate Crimes.--
(1) Implementation grants.--
(A) In general.--The Attorney General may make grants to
States and units of local government to assist the State or
unit of local government in implementing the National Incident-
Based Reporting System, including to train employees in
identifying and classifying hate crimes in the National
Incident-Based Reporting System.
(B) Priority.--In making grants under subparagraph (A), the
Attorney General shall give priority to States and units of
local government that develop and implement the programs and
activities described in subsection (f)(2)(A).
(2) Reporting.--
(A) Compliance.--
(i) In general.--Except as provided in clause (ii), in
each fiscal year beginning after the date that is 3 years
after the date on which a State or unit of local government
first receives a grant under paragraph (1), the State or
unit of local government shall provide to the Attorney
General, through the Uniform Crime Reporting system,
information pertaining to hate crimes committed in that
jurisdiction during the preceding fiscal year.
(ii) Extensions; waiver.--The Attorney General--
(I) may provide a 120-day extension to a State or
unit of local government that is making good faith
efforts to comply with clause (i); and
(II) shall waive the requirements of clause (i) if
compliance with that subparagraph by a State or unit of
local government would be unconstitutional under the
constitution of the State or of the State in which the
unit of local government is located, respectively.
(B) Failure to comply.--If a State or unit of local
government that receives a grant under paragraph (1) fails to
substantially comply with subparagraph (A) of this paragraph,
the State or unit of local government shall repay the grant in
full, plus reasonable interest and penalty charges allowable by
law or established by the Attorney General.
(e) Grants for State-run Hate Crime Hotlines.--
(1) Grants authorized.--
(A) In general.--The Attorney General shall make grants to
States to create State-run hate crime reporting hotlines.
(B) Grant period.--A grant made under subparagraph (A)
shall be for a period of not more than 5 years.
(2) Hotline requirements.--A State shall ensure, with respect
to a hotline funded by a grant under paragraph (1), that--
(A) the hotline directs individuals to--
(i) law enforcement if appropriate; and
(ii) local support services;
(B) any personally identifiable information that an
individual provides to an agency of the State through the
hotline is not directly or indirectly disclosed, without the
consent of the individual, to--
(i) any other agency of that State;
(ii) any other State;
(iii) the Federal Government; or
(iv) any other person or entity;
(C) the staff members who operate the hotline are trained
to be knowledgeable about--
(i) applicable Federal, State, and local hate crime
laws; and
(ii) local law enforcement resources and applicable
local support services; and
(D) the hotline is accessible to--
(i) individuals with limited English proficiency, where
appropriate; and
(ii) individuals with disabilities.
(3) Best practices.--The Attorney General shall issue guidance
to States on best practices for implementing the requirements of
paragraph (2).
(f) Information Collection by States and Units of Local
Government.--
(1) Definitions.--In this subsection:
(A) Covered agency.--The term ``covered agency'' means--
(i) a State law enforcement agency; and
(ii) a priority agency.
(B) Eligible entity.--The term ``eligible entity'' means--
(i) a State; or
(ii) a unit of local government that has a priority
agency.
(2) Grants.--
(A) In general.--The Attorney General may make grants to
eligible entities to assist covered agencies within the
jurisdiction of the eligible entity in conducting law
enforcement activities or crime reduction programs to prevent,
address, or otherwise respond to hate crime, particularly as
those activities or programs relate to reporting hate crimes
through the Uniform Crime Reports program, including--
(i) adopting a policy on identifying, investigating,
and reporting hate crimes;
(ii) developing a standardized system of collecting,
analyzing, and reporting the incidence of hate crime;
(iii) establishing a unit specialized in identifying,
investigating, and reporting hate crimes;
(iv) engaging in community relations functions related
to hate crime prevention and education such as--
(I) establishing a liaison with formal community-
based organizations or leaders; and
(II) conducting public meetings or educational
forums on the impact of hate crimes, services available
to hate crime victims, and the relevant Federal, State,
and local laws pertaining to hate crimes; and
(v) providing hate crime trainings for agency
personnel.
(B) Subgrants.--A State that receives a grant under
subparagraph (A) may award a subgrant to a unit of local
government within the State for the purposes under that
subparagraph, except that a unit of local government may
provide funding from such a subgrant to any law enforcement
agency of the unit of local government.
(3) Information required of states and units of local
government.--
(A) In general.--For each fiscal year in which a State or
unit of local government receives a grant or subgrant under
paragraph (2), the State or unit of local government shall--
(i) collect information from each law enforcement
agency that receives funding from the grant or subgrant
summarizing the law enforcement activities or crime
reduction programs conducted by the agency to prevent,
address, or otherwise respond to hate crime, particularly
as those activities or programs relate to reporting hate
crimes through the Uniform Crime Reports program; and
(ii) submit to the Attorney General a report containing
the information collected under clause (i).
(B) Semiannual law enforcement agency report.--
(i) In general.--In collecting the information required
under subparagraph (A)(i), a State or unit of local
government shall require each law enforcement agency that
receives funding from a grant or subgrant awarded to the
State or unit of local government under paragraph (2) to
submit a semiannual report to the State or unit of local
government that includes a summary of the law enforcement
activities or crime reduction programs conducted by the
agency during the reporting period to prevent, address, or
otherwise respond to hate crime, particularly as those
activities or programs relate to reporting hate crimes
through the Uniform Crime Reports program.
(ii) Contents.--In a report submitted under clause (i),
a law enforcement agency shall, at a minimum, disclose--
(I) whether the agency has adopted a policy on
identifying, investigating, and reporting hate crimes;
(II) whether the agency has developed a
standardized system of collecting, analyzing, and
reporting the incidence of hate crime;
(III) whether the agency has established a unit
specialized in identifying, investigating, and
reporting hate crimes;
(IV) whether the agency engages in community
relations functions related to hate crime, such as--
(aa) establishing a liaison with formal
community-based organizations or leaders; and
(bb) conducting public meetings or educational
forums on the impact of hate crime, services
available to hate crime victims, and the relevant
Federal, State, and local laws pertaining to hate
crime; and
(V) the number of hate crime trainings for agency
personnel, including the duration of the trainings,
conducted by the agency during the reporting period.
(4) Compliance and redirection of funds.--
(A) In general.--Except as provided in subparagraph (B),
beginning not later than 1 year after the date of this Act, a
State or unit of local government receiving a grant or subgrant
under paragraph (2) shall comply with paragraph (3).
(B) Extensions; waiver.--The Attorney General--
(i) may provide a 120-day extension to a State or unit
of local government that is making good faith efforts to
collect the information required under paragraph (3); and
(ii) shall waive the requirements of paragraph (3) for
a State or unit of local government if compliance with that
subsection by the State or unit of local government would
be unconstitutional under the constitution of the State or
of the State in which the unit of local government is
located, respectively.
(g) Requirements of the Attorney General.--
(1) Information collection and analysis; report.--In order to
improve the accuracy of data regarding the incidence of hate crime
provided through the Uniform Crime Reports program, and promote a
more complete understanding of the national problem posed by hate
crime, the Attorney General shall--
(A) collect and analyze the information provided by States
and units of local government under subsection (f) for the
purpose of developing policies related to the provision of
accurate data obtained under the Hate Crime Statistics Act
(Public Law 101-275; 28 U.S.C. 534 note) by the Federal Bureau
of Investigation; and
(B) for each calendar year beginning after the date of
enactment of this Act, publish and submit to Congress a report
based on the information collected and analyzed under
subparagraph (A).
(2) Contents of report.--A report submitted under paragraph (1)
shall include--
(A) a qualitative analysis of the relationship between--
(i) the number of hate crimes reported by State law
enforcement agencies or other law enforcement agencies that
received funding from a grant or subgrant awarded under
paragraph (2) through the Uniform Crime Reports program;
and
(ii) the nature and extent of law enforcement
activities or crime reduction programs conducted by those
agencies to prevent, address, or otherwise respond to hate
crime; and
(B) a quantitative analysis of the number of State law
enforcement agencies and other law enforcement agencies that
received funding from a grant or subgrant awarded under
paragraph (2) that have--
(i) adopted a policy on identifying, investigating, and
reporting hate crimes;
(ii) developed a standardized system of collecting,
analyzing, and reporting the incidence of hate crime;
(iii) established a unit specialized in identifying,
investigating, and reporting hate crimes;
(iv) engaged in community relations functions related
to hate crime, such as--
(I) establishing a liaison with formal community-
based organizations or leaders; and
(II) conducting public meetings or educational
forums on the impact of hate crime, services available
to hate crime victims, and the relevant Federal, State,
and local laws pertaining to hate crime; and
(v) conducted hate crime trainings for agency personnel
during the reporting period, including--
(I) the total number of trainings conducted by each
agency; and
(II) the duration of the trainings described in
subclause (I).
(h) Alternative Sentencing.--Section 249 of title 18, United States
Code, is amended by adding at the end the following:
``(e) Supervised Release.--If a court includes, as a part of a
sentence of imprisonment imposed for a violation of subsection (a), a
requirement that the defendant be placed on a term of supervised
release after imprisonment under section 3583, the court may order, as
an explicit condition of supervised release, that the defendant
undertake educational classes or community service directly related to
the community harmed by the defendant's offense.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.