[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2684 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2684

   To establish grant programs to provide for the establishment of a 
national hate crime hotline and a hate crime information and assistance 
website, to provide training and education to local law enforcement to 
   prevent hate crimes, and to provide assistance to victims of hate 
                                crimes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2009

Mr. Israel (for himself, Ms. Velazquez, and Mr. Serrano) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To establish grant programs to provide for the establishment of a 
national hate crime hotline and a hate crime information and assistance 
website, to provide training and education to local law enforcement to 
   prevent hate crimes, and to provide assistance to victims of hate 
                                crimes.

    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 ``National Hate Crimes Hotline Act of 
2009''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On December 7, 2008, Jose Sucuzhanay, an Ecuadorian-
        born real estate agent and father of two, was beaten to death 
        in Brooklyn while walking with his brother, who was visiting 
        from Ecuador. Three men with baseball bats attacked the 
        brothers while shouting anti-gay and anti-Hispanic slurs.
            (2) Marcelo Lucero, 37 years of age, came to the United 
        States from Ecuador in 1993. He settled in Patchogue, New York, 
        a middle-class village in central Long Island. He worked in a 
        dry cleaning store and sent his savings home to his mother, a 
        cancer survivor, whom he had not seen since he left 16 years 
        ago. On the night of November 8, 2008, shortly before midnight, 
        seven teenagers got out of their car and taunted Lucero with 
        racist slurs as he walked home. They then beat and murdered 
        Marcelo Lucero. According to the indictment, the boys set out 
        that night to find someone of Hispanic heritage to assault.
            (3) The number of hate groups in the United States has 
        increased by 54 percent over the past 8 years.
            (4) In 2008, the Federal Bureau of Investigation reported a 
        6 percent rise in the number of hate crimes against gay, 
        lesbian, and transgender people.
            (5) According to the Federal Bureau of Investigation, 
        attacks on Hispanics grew 40 percent from 2003 to 2007, even 
        though the Hispanic population only grew 16 percent in the same 
        time period and the total number of hate crimes has remained 
        steady.

SEC. 3. NATIONAL HATE CRIME HOTLINE AND HATE CRIME INFORMATION AND 
              ASSISTANCE WEBSITE.

    (a) In General.--The Attorney General may award one or more grants 
to private, nonprofit entities--
            (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 in this 
        section referred to as the ``national hate crime hotline''; and
            (2) to provide for the establishment and operation of a 
        highly secure Internet website to provide that information and 
        assistance to such victims (hereafter in this section referred 
        to as the ``hate crime information and assistance website'').
    (b) Duration.--A grant under this section may extend over a period 
of not more than 5 years.
    (c) Annual Approval.--The provision of payments under a grant 
awarded under this section shall be subject to annual approval by the 
Attorney General and subject to the availability of appropriations for 
each fiscal year to make the payments.
    (d) Hotline Activities.--An entity that receives a grant under this 
section for activities described, in whole or in part, in subsection 
(a)(1) shall use funds made available through the grant to establish 
and operate a national hate crime hotline. In establishing and 
operating the hotline, the entity shall--
            (1) contract with a carrier for the use of a toll-free 
        telephone line;
            (2) 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;
            (3) 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;
            (4) publicize the national hate crime hotline to potential 
        users throughout the United States; and
            (5) be prohibited from asking hotline callers about their 
        citizenship status.
    (e) Secure Website Activities.--
            (1) In general.--An entity that receives a grant under this 
        section for activities described, in whole or in part, in 
        subsection (a)(2) shall use funds made available through the 
        grant to provide grants for startup and operational costs 
        associated with establishing and operating a hate crime 
        information and assistance website.
            (2) Availability.--The hate crime information and 
        assistance website shall be available to the entity operating 
        the national hate crime hotline.
            (3) Information.--The hate crime information and assistance 
        website shall provide accurate information that describes the 
        services available to victims of hate crimes, including health 
        care and mental health services, social services, 
        transportation, and other relevant services.
            (4) Rule of construction.--Nothing in this section shall be 
        construed to require any shelter or service provider, whether 
        public or private, to be linked to the hate crime information 
        and assistance website or to provide information to the 
        recipient of the grant described in paragraph (1) or to the 
        website.
    (f) Application.--The Attorney General may not award a grant under 
this section unless the Attorney General approves an application for 
such grant. To be approved by the Attorney General under this 
subsection an application shall--
            (1) contain such agreements, assurances, and information, 
        be in such form, and be submitted in such manner, as the 
        Attorney General shall prescribe through notice in the Federal 
        Register;
            (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 hotline personnel, 
                including technology training to ensure that all 
                persons affiliated with the hotline are able to 
                effectively operate any technological systems used by 
                the hotline;
                    (B) the hiring criteria for hotline personnel;
                    (C) the methods for the creation, maintenance, and 
                updating of a resource database;
                    (D) a plan for publicizing the availability of the 
                hotline;
                    (E) a plan for providing service to non-English 
                speaking callers, including service through hotline 
                personnel who speak Spanish; and
                    (F) a plan for facilitating access to the hotline 
                by persons with hearing impairments;
            (3) in the case of an application for a grant to carry out 
        activities described in subsection (a)(2)--
                    (A) include a complete description of the 
                applicant's plan for the development, operation, 
                maintenance, and updating of information and resources 
                of the hate crime information and assistance website;
                    (B) include a certification that the applicant will 
                implement a high level security system to ensure the 
                confidentiality of the website, taking into 
                consideration the safety of hate crime victims; and
                    (C) include an assurance that, after the third year 
                of the website project, the recipient of the grant will 
                develop a plan to secure other public or private 
                funding resources to ensure the continued operation and 
                maintenance of the website;
            (4) demonstrate that the applicant has recognized expertise 
        in the area of hate crimes and a record of high quality service 
        to victims of hate crimes, including a demonstration of support 
        from advocacy groups;
            (5) demonstrate that the applicant has a commitment to 
        diversity, and to the provision of services to ethnic, racial, 
        religious, and non-English speaking minorities, in addition to 
        older individuals, individuals with disabilities, and 
        individuals of various gender, gender identity, and sexual 
        orientation; and
            (6) contain such other information as the Attorney General 
        may require.
    (g) Hate Crime Defined.--For purposes of this Act, the term ``hate 
crime'' means a crime in which the defendant intentionally selects 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, gender identity, 
disability, or sexual orientation of any person.
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $3,500,000 for each of fiscal years 2010 
        through 2014.
            (2) Website.--Of the amounts appropriated pursuant to 
        paragraph (1) for a year, not less than 10 percent shall be 
        used for purposes of carrying out subsection (a)(2).
            (3) Availability.--Funds authorized to be appropriated 
        under paragraph (1) may remain available until expended.

SEC. 4. LOCAL LAW ENFORCEMENT EDUCATION AND TRAINING GRANT PROGRAM.

    (a) In General.--The Attorney General may award grants to eligible 
State and local law enforcement entities for educational and training 
programs on solving hate crimes (as defined in section 1(g)) and 
establishing community dialogues with groups whose members are at-risk 
of being victims of such hate crimes.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a State or local law enforcement entity must be in 
compliance with reporting requirements applicable to such entity 
pursuant to the Hate Crimes Statistics Act (28 U.S.C. 534 note).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as are necessary for 
fiscal year 2010 and each succeeding fiscal year.

SEC. 5. LOCAL RESOURCES TO COMBAT HATE CRIMES GRANT PROGRAM.

    (a) In General.--The Attorney General shall establish a grant 
program within the Office for Victims of Crime in the Office of Justice 
Programs, under which the Attorney General may award grants to local 
community based organizations, nonprofit organizations, and faith-based 
organizations to establish or expand local programs and activities that 
serve targeted areas and that provide legal, health (including physical 
and mental health), and other support services to victims of hate 
crimes (as defined in section (1)(g)). Grant funds may be used for 
activities including hiring counselors and providing training, 
resources, language support services, and information to such victims.
    (b) Targeted Area Defined.--For purposes of this section, the term 
``targeted area'' means an area with a demonstrated lack of resources, 
as determined by the Attorney General, for victims of hate crimes.
    (c) Funding Restriction.--None of the funds from a grant made under 
this section may be used--
            (1) by an organization that discriminates against an 
        individual on the basis of religion; or
            (2) for purposes of promoting religious beliefs or views.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as are necessary for 
fiscal year 2010 and each succeeding fiscal year.
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