[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 223 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 223

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
establish grants to reduce the incidence of hate crimes, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2019

  Ms. Velazquez (for herself, Ms. Clarke of New York, Ms. Norton, Ms. 
 Schakowsky, and Mr. Takano) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
establish grants to reduce the incidence 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.

    This Act may be cited as the ``Hate Crime Victim Assistance Act of 
2019''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Hate crimes have been on the rise over the previous 
        years across the United States. In 2015, according to the 
        Federal Bureau of Investigation (FBI), 56.9 percent of single-
        bias incidents were motivated by either race, ethnicity or 
        ancestry bias.
            (2) The same report mentions that 21.4 percent were 
        prompted by religious bias; 18.1 percent sexual orientation 
        bias; 2.0 percent gender-identity bias; and 1.3 percent 
        disability bias.
            (3) Out of the 56.9 percent of the single-bias incidents 
        that were motivated by race reported to the FBI in 2015, 9.4 
        percent of these were classified as anti-Hispanic or Latino, 
        and 3.3 percent of these single bias incidents had an anti-
        Asian bias.
            (4) Previous data from the FBI suggest that hate crimes 
        against African Americans have seen a dramatic increase over 
        the years. Such trends can be traced back to 2003, when hate 
        crimes against African Americans were twice as much as all 
        other race groups combined.
            (5) A 2015 study conducted by the Los Angeles County 
        Commission on Human Relations notes that half of the hate 
        crimes in Los Angeles County were racially motivated--58 
        percent of those attacks targeted the County's African-American 
        population, although they only constituted 4 percent of the 
        county's population.
            (6) Previous research suggests that Black males are also 
        more vulnerable to violent victimization. Furthermore, data 
        suggest that communities of color continue to be victims of 
        hate crime violence.
            (7) The Los Angeles County Commission on Human Relations 
        report found that the number of hate crimes targeting Asian and 
        Pacific islanders tripled from six to eighteen since 2014. The 
        same report notes that Anti-Latino hate crimes also rose from 
        36 in 2014 to 61 in 2015.
            (8) A study conducted by the Human Rights Campaign notes 
        that out of the number of hate crimes committed against the 
        transgender community from 2013-2015, at least 87 percent of 
        victims were transgender people of color.
            (9) Only 16, or 30 percent, were killed in States that have 
        hate crime laws that account for crimes motivated by the 
        victim's gender identity; but despite these provisions and a 
        Federal hate crime law, not a single one of these murders was 
        prosecuted or reported to the FBI as a hate crime.
            (10) The United States is currently facing a surge in 
        religious bias. According to the Southern Poverty Law Center, 
        there are currently 917 hate groups operating across the 
        country.
            (11) A CNN report found that in the first months of 2017 
        the country experienced a substantial increase in Anti-Semitic 
        incidents. In comparison to the same period in 2016, Anti-
        Semitic incidents were 86 percent higher.
            (12) Historically hate crimes have gone under reported. On 
        average there are 250,000 hate crime victims each year, of 
        which only one-third are reported to the police.
            (13) It is Congress' responsibility to provide for 
        sustainable and feasible solutions to reduce, prevent and 
        mitigate underlying factors responsible for bias incidents.

SEC. 3. LOCAL HATE CRIME HOTLINES AND HATE CRIME INFORMATION AND 
              ASSISTANCE WEB SITES.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

              ``PART MM--HATE CRIME HOTLINES AND WEBSITES

``SEC. 3031. HATE CRIME HOTLINES AND WEBSITES.

    ``(a) Grant Authorization.--The Attorney General shall make grants 
to States, units of local government, or any combination thereof, in 
partnership with stakeholders, service providers, and nonprofit 
organizations.
    ``(b) Mandatory Grant Uses.--Grant funds shall be expended for each 
of the following purposes:
            ``(1) Hate crime information and assistance website.--To 
        provide for the establishment and operation of a hate crime 
        information and assistance website, which shall be a highly 
        secure Internet website that provides information and 
        assistance to victims of hate crimes. In establishing and 
        operating the hate crime information and assistance website, 
        the grantee shall--
                    ``(A) use grant funds for startup and operational 
                costs associated with establishing and operating the 
                website;
                    ``(B) 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; and
                    ``(C) make the website available to the operator of 
                the hate crime hotline established or expanded pursuant 
                to paragraph (2).
            ``(2) Hate crime hotlines.--To establish or expand a hate 
        crime hotline to provide information and assistance to victims 
        of hate crimes. In addition, grantees may, in operating the 
        hotline, work in conjunction with other 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. In establishing and 
        operating the hotline, the entity shall--
                    ``(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) be prohibited from asking hotline callers 
                about their citizenship status.
    ``(c) 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.
    ``(d) Application.--The Attorney General may approve an application 
for a grant under this section only if such application--
            ``(1) contains such agreements, assurances, and 
        information, be in such form, and be submitted in such manner, 
        as the Attorney General shall by rule require;
            ``(2) in the case of an application for a grant to carry 
        out activities described in subsection (b)(2), includes a 
        complete description of the applicant's plan for the operation 
        of a 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 that--
                            ``(i) is based on data from the Bureau of 
                        the Census and be consistent with the local 
                        area demographics where the hate crime hotline 
                        will operate--such plan will outline which 
                        languages are most prevalent and commonly 
                        requested for translation services; or
                            ``(ii) is based on qualitative and 
                        quantitative observation from community service 
                        providers including those that provide health 
                        and mental health services, social services, 
                        transportation, and other relevant services; 
                        and
                    ``(F) a plan for facilitating access to the hotline 
                by persons with hearing impairments; and
            ``(3) in the case of an application for a grant to carry 
        out activities described in subsection (b)(1)--
                    ``(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;
                    ``(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;
                    ``(D) 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; and
                    ``(E) demonstrate that the applicant has a 
                commitment to diversity, and to the provision of 
                services to the 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.
    ``(e) Renewal of Grants.--A grant made under this part may be 
renewed, without limitations on the duration of such renewal, to 
provide additional funds, if the Attorney General determines that the 
funds made available to the recipient were used in a manner required 
under an approved application and if the recipient can demonstrate 
significant progress in achieving the objectives of the initial 
application.
    ``(f) No-Cost Extensions.--Notwithstanding subsection (e), the 
Attorney General may extend a grant period, without limitations as to 
the duration of such extension, to provide additional time to complete 
the objectives of the initial grant award.
    ``(g) Definitions.--For the purposes of this part:
            ``(1) 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.
            ``(2) The term `targeted area' means an area with a 
        demonstrated lack of resources, as determined by the Attorney 
        General, for victims of hate crimes.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $20,000,000 for fiscal year 2020 and 
        each succeeding fiscal year.
            ``(2) Website.--Of the amounts appropriated, not less than 
        10 percent shall be used for purposes of carrying out 
        activities under subsection (b)(1).
            ``(3) Availability.--Funds authorized to be appropriated 
        under this section may remain available until expended.

``SEC. 3032. REPORT.

    ``A State or unit of local government that receives funds under 
this part during a fiscal year shall submit to the Attorney General a 
description and an evaluation report on a date specified by the 
Attorney General regarding the effectiveness of the programs carried 
out with a grant under this part.''.

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

    Title I of such Act, as amended, is further amended by inserting 
after part MM the following:

       ``PART NN--HATE CRIME EDUCATION AND TRAINING GRANT PROGRAM

``SEC. 3041. HATE CRIME EDUCATION AND TRAINING GRANT PROGRAM.

    ``(a) Grant Authorization.--
            ``(1) In general.--The Attorney General shall establish a 
        program to make grants to States and units of local government 
        for any purpose described in paragraph (2).
            ``(2) Purpose.--The purpose of the grant program under this 
        subsection is to enable a law enforcement agency of a State or 
        unit of local government to establish and carry out education 
        and training programs on solving and preventing hate crimes and 
        establishing community dialogue with groups whose members are 
        at-risk of being victims of hate crimes.
            ``(3) Eligibility.--To be eligible to receive a grant under 
        this part, a State or unit of local government shall be in 
        compliance with reporting requirements applicable to such 
        entity pursuant to the Hate Crimes Statistics Act (28 U.S.C. 
        534 note).
    ``(b) Preferential Consideration of Certain Grant Applications.--
The Attorney General shall give priority in considering applications 
that show disproportionate hate crime activity relative to the total 
population within the local area where the education and training 
program will operate.
    ``(c) Disproportionate Hate Crime Activity.--For the purposes of 
this section, the Attorney General, in consultation with the Bureau of 
the Census, shall develop guidelines that define and quantify levels of 
hate crime activity using statistical data from the Census and data 
available from the Hate Crimes Statistics Act.
    ``(d) Contents.--In accordance with such requirements as the 
Attorney General may by rule establish, each application for a grant 
under this section shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan that reflects consultation with community 
        groups and appropriate stakeholders;
            ``(2) demonstrate a specific public safety need;
            ``(3) explain the applicant's inability to address the need 
        without Federal assistance;
            ``(4) identify related governmental and community 
        initiatives which compliment or will be coordinated with the 
        proposal;
            ``(5) certify that there has been appropriate coordination 
        with all affected agencies;
            ``(6) explain how the grant will be used to reorient the 
        affected law enforcement agency's mission toward community-
        oriented policing or enhance its involvement in or commitment 
        to community-oriented policing; and
            ``(7) provide assurances that the applicant will, to the 
        extent practicable, seek, recruit, and hire members of racial 
        and ethnic minority groups and women in order to increase their 
        ranks within the sworn positions in the law enforcement agency.
    ``(e) Renewal of Grants.--A grant made under this part may be 
renewed, without limitations on the duration of such renewal, to 
provide additional funds, if the Attorney General determines that the 
funds made available to the recipient were used in a manner required 
under an approved application and if the recipient can demonstrate 
significant progress in achieving the objectives of the initial 
application.
    ``(f) No-Cost Extensions.--Notwithstanding subsection (e), the 
Attorney General may extend a grant period, without limitations as to 
the duration of such extension, to provide additional time to complete 
the objectives of the initial grant award.
    ``(g) Suspension of Funds.--If the Attorney General determines that 
a grant recipient under this section is not in substantial compliance 
with the terms and requirements of an approved grant application, the 
Attorney General may revoke or suspend funding of that grant, in whole, 
or in part.
    ``(h) Availability and Auditing.--The Attorney General shall have 
access for the purpose of audit and examination to any pertinent books, 
documents, papers, or records of a grant recipient under this section 
and to the pertinent books, documents, papers, or records of State and 
local governments, persons, businesses, and other entities that are 
involved in programs, projects, or activities for which assistance is 
provided under this part.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for the fiscal year 
2020 and each succeeding fiscal year.

``SEC. 3042. REPORT.

    ``A State or unit of local government that receives funds under 
this part during a fiscal year shall submit to the Attorney General a 
description and an evaluation report on a date specified by the 
Attorney General regarding the effectiveness of the programs carried 
out with a grant under this part.''.

SEC. 5. COMMUNITY BASED RESPONSES TO HATE CRIMES.

    (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 subsection (g)(1) of section 3. Grant funds may be 
used for activities including--
            (1) hiring counselors;
            (2) providing training and resources to victims; and
            (3) language support services.
    (b) Targeted Area Defined.--For the purposes of this section, a 
targeted area shall be defined as the area described in and defined in 
subsection (g)(2) of section 3 of this Act.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for the fiscal year 
2020 and each succeeding fiscal year.

SEC. 6. DATABASE OF HATE CRIME REPORTS TO LOCAL HOTLINES.

    (a) In General.--A grantee receiving funds under this Act shall, on 
the date that is 1 year after the date of the enactment of this Act, 
and annually thereafter, submit to the appropriate State Attorney 
General, and the Attorney General, an annual report of hate crimes 
reported to the hotlines established under part MM of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.).
    (b) Report Contents.--The report in subsection (a) shall include 
the following information with respect to each hate crime reported:
            (1) A description of hate crimes that occurred in the 
        State, including a description of where the hate crimes 
        occurred in the grantee's State.
            (2) The frequency, in total number and percentage terms, of 
        the use of weapons in reported hate crimes in the grantee's 
        State.
            (3) A summary of the total number of hate crimes that were 
        reported in the grantee's State.
            (4) A description of the methodologies used by the grantee 
        to collect data.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to require the publication of personally identifiable data, 
which include the names, addresses, or physical description of any 
victims or persons reporting hate crimes.
    (d) Additional Reporting Requirements Permitted for Certain 
Reports.--The Attorney General may, during the first 180 days after the 
Act's enactment, prescribe additional reporting requirements for 
reports submitted to the Federal Government, subject to the limitations 
in subsection (d), to ensure consistent data reporting.
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