[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 262 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 262

To prevent hate crimes, to provide support services for victims of hate 
                    crimes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2009

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
Committees on Ways and Means, Energy and Commerce, Education and Labor, 
 Oversight and Government Reform, House Administration, and Financial 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To prevent hate crimes, to provide support services for victims of 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``David Ray 
Ritcheson Hate Crime Prevention Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
             TITLE I--ASSISTANCE FOR VICTIMS OF HATE CRIMES

Sec. 101. Unemployment compensation.
Sec. 102. Insurance protection for victims of hate crimes.
Sec. 103. Entitlement to leave for victims of hate crimes.
Sec. 104. Temporary housing assistance.
Sec. 105. Counseling grant program.
                          TITLE II--RESOURCES

Sec. 201. National clearinghouse and resource center.
Sec. 202. National hate crime hotline and Internet website grant.
Sec. 203. Federal employee programs relating to hate crimes.
              TITLE III--EDUCATION AND PREVENTION SERVICES

Sec. 301. Elementary and secondary hate crime educational grants.
Sec. 302. College and university hate crime educational grants.

             TITLE I--ASSISTANCE FOR VICTIMS OF HATE CRIMES

SEC. 101. UNEMPLOYMENT COMPENSATION.

    (a) Unemployment Compensation.--Subsection (a) of section 3304 of 
the Internal Revenue Code of 1986 is amended by striking ``and'' at the 
end of paragraph (18), by striking the period at the end of paragraph 
(19) and inserting ``; and'', and by inserting after paragraph (19) the 
following new paragraph:
            ``(20) compensation shall be payable in the case of an 
        individual separated from employment due to circumstances 
        directly resulting from the individual's experience as a victim 
        of a hate crime.'';
    (b) Special Rules Relating to Hate Crimes.--Section 3304 of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following new subsection:
    ``(g) Special Rules Relating to Hate Crimes.--
            ``(1) For purposes of determining, under subsection 
        (a)(20), whether an individual's separation from employment 
        shall be treated as directly resulting from the individual's 
        experience as a victim of a hate crime, it shall be sufficient 
        if the separation from employment resulted from--
                    ``(A) the individual's relocation to another 
                geographic area in order to avoid future hate crimes 
                against the individual or the individual's family;
                    ``(B) the individual's need to recover from 
                physical injury or emotional distress resulting from 
                the individual's experience as a victim of a hate 
                crime; or
                    ``(C) the employer's denial of the individual's 
                request for the temporary leave from employment 
                authorized by section 102 of the Family and Medical 
                Leave Act of 1993 to address the hate crime and its 
                consequences.
            ``(2) For purposes of this section, the term `hate crime' 
        means a criminal offense in which the prosecutor has determined 
        that the defendant intentionally selected a victim, or in the 
        case of a property crime, the property that is the object of 
        the crime, because of the actual or perceived race, color, 
        religion, national origin, ethnicity, gender, disability, or 
        sexual orientation of any person.''.

SEC. 102. INSURANCE PROTECTION FOR VICTIMS OF HATE CRIMES.

    (a) Discrimination Prohibited.--An insurer may not take into 
account whether a person is or has been a victim of a hate crime when 
making a determination with respect to--
            (1) the eligibility (including continued eligibility) of 
        such person to enroll (or continue enrollment) under the terms 
        of the plan, coverage, or policy of insurance involved;
            (2) the rate or premium of a plan or policy of insurance 
        involved; and
            (3) the amount of coverage provided (or a determination of 
        coverage for a claim made) under the plan, coverage, or policy 
        of insurance involved.
    (b) Definitions.--
            (1) Hate crime.--For purposes of this section, the term 
        ``hate crime'' means a criminal offense in which the prosecutor 
        has determined that the defendant intentionally selected a 
        victim, or in the case of a property crime, the property that 
        is the object of the crime, because of the actual or perceived 
        race, color, religion, national origin, ethnicity, gender, 
        disability, or sexual orientation of any person.
            (2) Insurer.--For purposes of this section, the term 
        ``insurer'' includes a group health plan (as defined in section 
        2791(a) of the Public Health Service Health Act (42 U.S.C. 
        300gg-91(a)), a health insurance issuer (as defined in section 
        2791(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-
        91(b)(2)) offering group insurance coverage in connection with 
        a group health plan, and individual health insurance coverage 
        (as defined in section 2791(b)(5) of the Public Health Service 
        Health Act (42 U.S.C. 300gg-91(b)(5)).
    (c) Effect on Other Laws.--Nothing in this section shall be 
construed to preempt any law, rule, or regulation of a State or 
political subdivision of a State.

SEC. 103. ENTITLEMENT TO LEAVE FOR VICTIMS OF HATE CRIMES.

    (a) Entitlement to Leave for Victims of Hate Crimes.--
            (1) Authority for leave.--Section 102(a)(1) of the Family 
        and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended 
        by adding at the end the following:
                    ``(F) In order to care for the spouse, or a son, 
                daughter, or parent of the employee, if such spouse, 
                son, daughter, or parent is addressing a hate crime and 
                its consequences.
                    ``(G) Because the employee is addressing a hate 
                crime and its consequences, the employee is unable to 
                perform the functions of the position of such 
                employee.''.
            (2) Definitions.--Section 101 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the 
        end the following:
            ``(20) Hate crime.--The term `hate crime' means a criminal 
        offense in which the prosecutor has determined that the 
        defendant intentionally selected a victim, or in the case of a 
        property crime, the property that is the object of the crime, 
        because of the actual or perceived race, color, religion, 
        national origin, ethnicity, gender, disability, or sexual 
        orientation of any person.
            ``(21) Addressing a hate crime and its consequences.--The 
        term `addressing a hate crime and its consequences' means--
                    ``(A) seeking medical attention for or recovering 
                from injuries caused by being a victim of a hate crime;
                    ``(B) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding related to 
                being a victim of a hate crime;
                    ``(C) attending support groups for victims of hate 
                crimes; and
                    ``(D) obtaining psychological counseling related to 
                the experience of being a victim of a hate crime.''.
            (3) Intermittent or reduced leave.--Section 102(b) of the 
        Family and Medical Leave Act of 1993 (29 U.S.C. 2612(b)) is 
        amended by adding at the end the following:
            ``(3) Hate crimes.--Leave under subparagraph (F) or (G) of 
        subsection (a)(1) may be taken by an employee intermittently or 
        on a reduced leave schedule. The taking of leave intermittently 
        or on a reduced leave schedule pursuant to this paragraph shall 
        not result in a reduction in the total amount of leave to which 
        the employee is entitled under subsection (a) beyond the amount 
        of leave actually taken.''.
            (4) Paid leave.--Section 102(d)(2)(A) of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) is amended 
        by striking ``(C), or (E)'' and inserting ``(C), (E), (F), or 
        (G)''.
            (5) Certification.--Section 103 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2613) is amended by adding at the 
        end the following:
    ``(g) Hate Crimes.--
            ``(1) In general.--An employer may require that a request 
        for leave under subparagraph (F) or (G) of section 102(a)(1) be 
        supported by documentation of the hate crime.
            ``(2) Confidentiality.--An employer shall keep any 
        information relating to a hate crime experienced by the 
        employee or the spouse, son, daughter, or parent of the 
        employee confidential, including an employee's statement, any 
        corroborating evidence, and the fact that the employee has 
        requested leave for the purpose of addressing a hate crime and 
        its consequences, except to the extent--
                    ``(A) consented to by the employee where disclosure 
                is necessary to protect the employee's safety or the 
                safety of coworkers; or
                    ``(B) requested by the employee to document a hate 
                crime to a court or agency.''.
    (b) Entitlement to Leave for Federal Employees as Victims of Hate 
Crimes.--
            (1) Authority for leave.--Section 6382(a)(1) of title 5, 
        United States Code, is amended by adding at the end the 
        following:
            ``(E) In order to care for the spouse, or a son, daughter, 
        or parent of the employee, if such spouse, son, daughter, or 
        parent is addressing a hate crime and its consequences.
            ``(F) Because the employee is addressing a hate crime and 
        its consequences, the employee is unable to perform the 
        functions of the employee's position.''.
            (2) Definitions.--Section 6381 of title 5, United States 
        Code, is amended by striking ``and'' at the end of paragraph 
        (10), by striking the period at the end of paragraph (11) and 
        inserting a semicolon, and by adding at the end the following:
            ``(12) the term `hate crime' means a criminal offense in 
        which the prosecutor has determined that the defendant 
        intentionally selected a victim, or in the case of a property 
        crime, the property that is the object of the crime, because of 
        the actual or perceived race, color, religion, national origin, 
        ethnicity, gender, disability, or sexual orientation of any 
        person; and
            ``(13) the term `addressing a hate crime and its 
        consequences' means--
                    ``(A) seeking medical attention for or recovering 
                from injuries caused by being a victim of a hate crime;
                    ``(B) seeking legal assistance or remedies, 
                including communicating with the police or an attorney, 
                or participating in any legal proceeding related to 
                being a victim of a hate crime;
                    ``(C) attending support groups for victims of hate 
                crimes; and
                    ``(D) obtaining psychological counseling related to 
                the experience of being a victim of a hate crime.''.
            (3) Intermittent or reduced leave.--Section 6382(b) of 
        title 5, United States Code, is amended by adding at the end 
        the following:
            ``(3) Leave under subparagraph (E) or (F) of subsection 
        (a)(1) may be taken by an employee intermittently or on a 
        reduced leave schedule. The taking of leave intermittently or 
        on a reduced leave schedule pursuant to this paragraph shall 
        not result in a reduction in the total amount of leave to which 
        the employee is entitled under subsection (a) beyond the amount 
        of leave actually taken.''.
            (4) Other leave.--Section 6382(d) of title 5, United States 
        Code, is amended by striking ``(C) or (D)'' and inserting 
        ``(C), (D), (E), or (F)''.
            (5) Certification.--Section 6383 of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(g)
            ``(1) An employing agency may require that a request for 
        leave under subparagraph (E) or (F) of section 6382(a)(1) be 
        supported by documentation of the hate crime.
            ``(2) An employing agency shall keep any information 
        related to a hate crime experienced by an employee or the 
        spouse, son, daughter, or parent of the employee confidential, 
        including an employee's statement, any corroborating evidence, 
        and the fact that an employee has requested leave for the 
        purpose of addressing a hate crime and its consequences, except 
        to the extent--
                    ``(A) consented to by the employee where disclosure 
                is necessary to protect the employee's safety or the 
                safety of coworkers; or
                    ``(B) requested by the employee to provide 
                documentation to a court or agency.''.
    (c) Existing Leave Usable for Victims of a Hate Crime.--
            (1) Use of existing leave.--Where an employee would be 
        otherwise entitled to take paid or unpaid leave (including 
        family, medical, sick, annual, personal, or similar leave) from 
        employment pursuant to Federal or State law, an existing 
        benefits program or plan, or a collective bargaining agreement, 
        such employee shall be permitted to use such leave for the 
        purpose of addressing a hate crime and its consequences, or for 
        the purpose of caring for the spouse, or a son, daughter, or 
        parent of the employee, if such spouse, son, daughter, or 
        parent is addressing a hate crime and its consequences.
            (2) Definitions.--As used in this subsection:
                    (A) Hate crime.--The term ``hate crime'' has the 
                meaning given such term by section 101(20) of the 
                Family and Medical Leave Act of 1993 (29 U.S.C. 
                2611(20)), as amended by section 103(a) of this Act.
                    (B) Addressing a hate crime and its consequences.--
                The term ``addressing a hate crime and its 
                consequences'' has the meaning given such phrase by 
                section 101(21) of the Family and Medical Leave Act of 
                1993 (29 U.S.C. 2611(21)), as amended by section 103(a) 
                of this Act.
                    (C) Employer.--The term ``employer'' includes any 
                person acting directly or indirectly in the interest of 
                an employer in relation to any employee, who is subject 
                to the Family and Medical Leave Act of 1993 (29 U.S.C. 
                2601 et seq.) or to any State law or benefits program 
                or plan addressing paid or unpaid leave from employment 
                (including family, medical, sick, annual, personal, or 
                similar leave). The term does not include any labor 
                organization (other than when acting as an employer) or 
                anyone acting in the capacity of an officer or agent of 
                such labor organization.
                    (D) Employee.--The term ``employee'' has the 
                meaning given such term in section 3(e) of the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 203(e)).
            (3) Certification.--An employer may require that a request 
        for leave described in paragraph (1) be supported by 
        documentation of the hate crime.
            (4) Confidentiality.--An employer shall keep any 
        information relating to a hate crime experienced by an employee 
        or the spouse, son, daughter, or parent of the employee 
        confidential, including an employee's statement, any 
        documentation or corroborating evidence, or the fact that the 
        employee has requested leave for the purpose of addressing hate 
        crimes and its consequences, except to the extent--
                    (A) consented to by the employee in order to 
                protect the employee's safety or the safety of 
                coworkers; or
                    (B) requested by the employee to document hate 
                crimes to a court or agency.
            (5) Enforcement.--
                    (A) Public enforcement.--The Secretary of Labor 
                shall have the powers set forth in subsections (b), 
                (c), (d), and (e) of section 107 of the Family and 
                Medical Leave Act of 1993 (29 U.S.C. 2617) for the 
                purpose of public enforcement of any alleged violation 
                of this subsection against any employer.
                    (B) Private enforcement.--The remedies and 
                procedures set forth in subsection (a) of section 107 
                of the Family and Medical Leave Act of 1993 (29 U.S.C. 
                2617) shall be the remedies and procedures pursuant to 
                which an employee may initiate a legal action against 
                an employer for alleged violations of this subsection.
                    (C) Employer liability under other laws.--Nothing 
                in this section shall be construed to limit the 
                liability pursuant to any other State or Federal law or 
                legal remedy of an employer to an employee for harm 
                suffered relating to the employee's experience as a 
                victim of a hate crime.

SEC. 104. TEMPORARY HOUSING ASSISTANCE.

    (a) In General.--The Secretary of Housing and Urban Development 
(hereafter in this section referred to as the ``Secretary'') may award 
grants to qualified organizations (as determined by the Secretary) 
under this section to carry out programs to provide assistance--
            (1) to individuals--
                    (A) who are victims of a hate crime;
                    (B) homeless or in need of transitional housing or 
                other housing assistance as a result of being a victim 
                of a hate crime; and
                    (C) for whom emergency shelter services are 
                unavailable or insufficient; and
            (2) dependents of individuals described in paragraph (1).
    (b) Assistance Described.--Assistance provided under this section 
may include--
            (1) short-term housing assistance, including rent, 
        utilities payments assistance, and assistance with related 
        expenses, such as payment of security deposits and other costs 
        incidental to relocation to transitional housing; and
            (2) support services designed to enable an individual or 
        dependents of such individual to locate and secure permanent 
        housing, and to integrate the individual or dependents of such 
        individual into a community, such as transportation, 
        counseling, child care services, case management, employment 
        counseling, and other assistance.
    (c) Application.--To be eligible to receive a grant under this 
section for any fiscal year, a qualified organization shall submit an 
application to the Secretary in such form and containing such 
information as the Secretary may require.
    (d) Reports.--
            (1) Report to secretary.--An entity that receives a grant 
        under this section shall annually prepare and submit to the 
        Secretary a report describing the number of individuals and 
        dependents assisted, and the types of housing assistance and 
        support services provided under this section. Each report shall 
        include information on the purpose and amount of housing 
        assistance provided to each individual or dependent assisted 
        under this section, and the type of support services provided 
        to each individual or dependent assisted under this section.
            (2) Report to congress.--The Secretary shall annually 
        prepare and submit to Congress a report that contains a 
        compilation of the information contained in reports submitted 
        under paragraph (1).
    (e) Supplement Not Supplant.--Funds made available under this 
section shall supplement, and not supplant, other Federal, State, or 
local funds available to an entity to carry out activities described in 
this section.
    (f) Definition of Hate Crime.--For purposes of this section, the 
term ``hate crime'' means a criminal offense in which the prosecutor 
has determined that the defendant intentionally selected a victim, or 
in the case of a property crime, the property that is the object of the 
crime, because of the actual or perceived race, color, religion, 
national origin, ethnicity, gender, disability, or sexual orientation 
of any person.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2010 through 2015.

SEC. 105. COUNSELING GRANT PROGRAM.

    (a) Authorization and Establishment of Grant Program.--The Attorney 
General may award grants to qualified organizations (as determined by 
the Attorney General) to assist in the establishment, maintenance, and 
expansion of programs and projects to provide counseling and related 
assistance to victims of hate crimes and their dependents.
    (b) Application.--To be eligible to receive a grant under this 
section for any fiscal year, a qualified organization shall submit an 
application to the Attorney General in such form and containing such 
information as the Attorney General may require.
    (c) Use of Grant Funds.--The grant funds provided under this 
section shall be used to carry out programs and projects that provide 
counseling and related assistance to victims of hate crimes and their 
dependents.
    (d) Supplement Not Supplant.--Funds made available under this 
section shall supplement, and not supplant, other Federal, State, or 
local funds available to an entity to carry out activities described in 
this section.
    (e) Definitions.--For the purposes of this section--
            (1) the term ``counseling'' includes emergency, short-term, 
        long-term, individual, and group counseling services; and
            (2) the term ``related assistance'' includes--
                    (A) assistance with respect to obtaining financial 
                assistance under Federal and State programs;
                    (B) referrals for appropriate health care services;
                    (C) legal assistance to provide victims of hate 
                crimes with information and assistance through the 
                civil and criminal courts; and
                    (D) other supportive services, as determined to be 
                appropriate by the Attorney General.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2010 through 2015.

                          TITLE II--RESOURCES

SEC. 201. NATIONAL CLEARINGHOUSE AND RESOURCE CENTER.

    (a) Establishment of National Clearinghouse.--The Attorney General 
may award a grant to a private nonprofit organization to establish and 
operate a national clearinghouse and resource center to collect, 
prepare, and analyze information and statistics and analyses of the 
information and statistics relating to the incidence and prevention of 
hate crimes.
    (b) Application.--To be eligible to receive a grant under this 
section a private nonprofit organization shall submit to the Attorney 
General an application at such time, in such manner, and containing 
such information as the Attorney General may require.
    (c) Report.--An organization that receives a grant under this 
section shall annually prepare and submit to the Attorney General a 
report on the information and statistics collected and analyzed by the 
national clearinghouse and resource center.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2010 through 2015.

SEC. 202. NATIONAL HATE CRIME HOTLINE AND INTERNET WEBSITE GRANT.

    (a) In General.--The Attorney General may award one or more grants 
to qualified organizations (as determined by the Attorney General)--
            (1) to provide for the establishment and operation of a 
        national, toll-free telephone hotline to provide information 
        and assistance to victims of hate crimes (hereafter referred to 
        as the ``national hate crime hotline''); and
            (2) to provide for the establishment and operation of an 
        Internet website to provide information and assistance to 
        victims of hate crimes (hereafter referred to as the ``hate 
        crime information and assistance website'').
    (b) Use of Funds.--
            (1) National hate crime hotline.--An entity that receives a 
        grant under this section for activities described in subsection 
        (a)(1) shall use the funds made available through the grant 
        to--
                    (A) contract with a carrier for the use of a toll-
                free telephone line;
                    (B) employ, train, (including technology training), 
                and supervise personnel to answer incoming calls and 
                provide counseling and referral services to callers on 
                a 24-hour-a-day basis;
                    (C) assemble and maintain a current database of 
                information relating to services for victims of hate 
                crimes to which callers throughout the United States 
                may be referred; and
                    (D) publicize the national hate crime hotline to 
                potential users throughout the United States.
            (2) Website.--An entity that receives a grant under this 
        section for activities described in subsection (a)(2) shall use 
        funds made available through the grant to--
                    (A) establish and operate a hate crime information 
                and assistance website; and
                    (B) provide information related to the services 
                available to victims of hate crimes, including health 
                care and mental health, legal, and other relevant 
                services.
    (c) Application.--An application for a grant submitted to the 
Attorney General under this subsection shall--
            (1) contain such agreements, assurances, and information, 
        be in such form, and be submitted in such manner as the 
        Attorney General requires;
            (2) in the case of an application for a grant to carry out 
        activities described in subsection (a)(1), include a complete 
        description of the applicant's plan for the operation of a 
        national hate crime hotline, including descriptions of--
                    (A) the training program for national hate crime 
                hotline personnel;
                    (B) the hiring criteria for national hate crime 
                hotline personnel;
                    (C) a plan for publicizing the availability of the 
                national hate crime hotline;
                    (D) a plan for providing service to non-English 
                speaking callers; and
                    (E) a plan for facilitating access to the national 
                hate crime hotline by hearing impaired individuals; and
            (3) in the case of an application for a grant to carry out 
        activities described in subsection (a)(2), include a complete 
        description of the applicant's plan for the operation of a hate 
        crime information and assistance website, including--
                    (A) a description of the applicant's plan for the 
                development, operation, maintenance, and updating of 
                information on and resources of the hate crime 
                information and assistance website;
                    (B) an assurance that the applicant will implement 
                a security system to ensure the confidentiality of the 
                hate crime information and assistance website, and a 
                description of such security system; and
                    (C) a description of the applicant's plan to 
                continue operation and maintenance of the hate crime 
                information and assistance website after Federal 
                funding under this section is no longer available.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2010 through 2015.

SEC. 203. FEDERAL EMPLOYEE PROGRAMS RELATING TO HATE CRIMES.

    (a) In General.--The head of each agency of the Federal Government 
shall, in a manner consistent with guidelines prescribed under 
subsection (b) of this section and applicable provisions of law, 
establish appropriate prevention, treatment, and rehabilitation 
programs and services relating to hate crimes for employees of such 
agency.
    (b) Functions.--The functions of an agency head under this section 
shall--
            (1) with respect to the judicial branch, be carried out by 
        the Director of the Administrative Office of the United States 
        Courts;
            (2) with respect to the House of Representatives, be 
        carried out by the Committee on House Administration of the 
        House of Representatives; and
            (3) with respect to the Senate, be carried out by the 
        Committee on Rules and Administration of the Senate.
    (c) Guidelines.--The President shall designate one agency which 
shall--
            (1) prescribe guidelines to be used by each agency of the 
        Federal Government for programs and services under this 
        section;
            (2) on request of any agency, furnish information or 
        technical advice on the design or operation of any program or 
        service under this section; and
            (3) submit to the President and the Congress, before 
        January 1, 2011, and at least every 2 years thereafter, a 
        written report on the operation of this section, including, 
        with respect to the period covered by the report--
                    (A) a brief description of each of the various 
                programs;
                    (B) the extent of employee participation in, and 
                the costs to the Federal Government associated with, 
                each of the various programs and services; and
                    (C) any other matter which may be appropriate to 
                carry out the purposes of this section.
    (d) Definitions.--For the purpose of this section--
            (1) the term ``employee'' means an employee as defined by 
        section 8101 of title 5, United States Code;
            (2) the term ``agency'' means--
                    (A) an Executive agency;
                    (B) an entity of the legislative branch; and
                    (C) the judicial branch; and
            (3) the term ``entity of the legislative branch'' means the 
        House of Representatives, the Senate, the Architect of the 
        Capitol (including the Botanic Garden), the Capitol Police, the 
        Congressional Budget Office, the Government Printing Office, 
        and the Library of Congress.

              TITLE III--EDUCATION AND PREVENTION SERVICES

SEC. 301. ELEMENTARY AND SECONDARY HATE CRIME EDUCATIONAL GRANTS.

    (a) Grant Authorization.--The Secretary of Education (hereafter in 
this section referred to as the ``Secretary'') is authorized to award 
grants to local educational agencies to improve and provide programs 
relating to hate crimes for elementary and secondary students and 
teachers.
    (b) Use of Funds.--Grants under this section may be used to improve 
and provide programs for elementary and secondary students and 
teachers, including--
            (1) the provision of education and training programs to 
        prevent and reduce the incidence of hate crimes;
            (2) the development and acquisition of equipment and 
        instructional materials to meet the needs of, or otherwise be 
        part of, hate crime programs; and
            (3) professional training and development for teachers and 
        administrators on the causes and effects of hate crimes.
    (c) Application.--To be eligible to receive a grant under this 
section for any fiscal year, a local educational agency shall submit an 
application to the Secretary in such form and containing such 
information as the Secretary may require.
    (d) Reports.--Not later than one year after the date of enactment 
of this Act, and annually thereafter, the Secretary shall submit to 
Congress a report containing a detailed statement regarding grants and 
awards, activities of grant recipients, and an evaluation of programs 
established under this section.
    (e) Definition of Local Educational Agency.--For the purposes of 
this section the term ``local educational agency'' has the meaning 
given such term in section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801).
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2010 through 2015.

SEC. 302. COLLEGE AND UNIVERSITY HATE CRIME EDUCATIONAL GRANTS.

    (a) Grant Authorization.--The Secretary of Education (hereafter in 
this section referred to as the ``Secretary'') is authorized to award 
grants to institutions of higher education to improve and provide 
programs relating to hate crimes for students and faculty of such 
institutions.
    (b) Use of Funds.--Grants under this section may be used to improve 
and provide programs in institutions of higher education, including--
            (1) the development of education and training programs 
        designed to prevent and reduce the incidence of hate crimes;
            (2) the development and acquisition of equipment and 
        instructional materials to meet the needs of, or otherwise be 
        part of, hate crime programs; and
            (3) professional training and development for faculty and 
        administrators on the causes and effects of hate crimes.
    (c) Application.--To be eligible to receive a grant under this 
section for any fiscal year, an institution of higher education shall 
submit an application to the Secretary in such form and containing such 
information as the Secretary may require.
    (d) Reports.--Not later than one year after the date of enactment 
of this Act, and annually thereafter, the Secretary shall submit to 
Congress a report containing a detailed statement regarding grants and 
awards, activities of grant recipients, and an evaluation of programs 
established under this section.
    (e) Definition of Institution of Higher Education.--For the 
purposes of this section the term ``institution of higher education'' 
has the meaning given the term in section 102 of the Higher Education 
Act of 1965 (20 U.S.C. 1002), but does not include any institution 
described in section 102(a)(1)(C) of such Act.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2010 through 2015.
                                 <all>