[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 761 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 761

To amend the Higher Education Act of 1965 to strengthen prevention and 
 response measures for hate crimes on college campuses by establishing 
   robust accountability measures, providing needs-based grants, and 
                        amending the Clery Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2019

 Mr. Brown of Maryland (for himself, Mr. Blumenauer, Ms. Clarke of New 
York, Mr. Cohen, Mrs. Demings, Mrs. Dingell, Ms. Norton, Ms. Wasserman 
  Schultz, and Ms. Wilson of Florida) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Higher Education Act of 1965 to strengthen prevention and 
 response measures for hate crimes on college campuses by establishing 
   robust accountability measures, providing needs-based grants, and 
                        amending the Clery Act.

    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 ``Creating Accountability Measures 
Protecting University Students Historically Abused, Threatened, and 
Exposed to Crimes Act'' or the ``CAMPUS HATE Crimes Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The incidence of violence motivated by the actual or 
        perceived race, color, religion, national origin, gender, 
        sexual orientation, gender identity, or disability of the 
        victim, known as hate crimes or crimes motivated by bias, poses 
        a serious national problem.
            (2) Such violence motivated by hatred and bigotry endangers 
        our citizens and disrupts the communities they live in, by 
        tearing at the fabric of our Nation and our constitutional 
        aspiration to create a stronger, more perfect union.
            (3) According to data obtained by the Southern Poverty Law 
        Center, schools were a particularly common location for hate 
        crimes to occur--including 150 incidents on college campuses in 
        33 States since November.
            (4) This level of violence demonstrates an unprecedented 
        escalation in race and hate-based crime being committed on 
        college campuses compared to recent years.
            (5) Hate groups have openly declared their efforts to 
        establish a physical presence on college campuses and have 
        specifically targeted young individuals and students for their 
        messaging. Such efforts include placing fliers around campus, 
        online organizing, and bringing national leaders to speak.
            (6) College campuses have become the ideal location for 
        hate group activity because they traditionally embrace 
        diversity, tolerance, and social justice and strive for 
        equality and have created safe spaces for students of every 
        gender and identity.
            (7) These are soft targets for such groups, because 
        students are more curious and receptive to new, even radical, 
        ideas than older individuals.
            (8) The Higher Education Act of 1965 and the Jeanne Clery 
        Disclosure of Campus Security Policy and Campus Crime 
        Statistics Act have enabled Federal authorities to understand, 
        report, and where appropriate, investigate and prosecute hate 
        crimes committed within the jurisdiction of an institution of 
        higher education.
            (9) However, an enduring effort cannot be made to address 
        the national problem posed by hate crimes if many of our 
        institutions of higher education fail to properly evaluate, 
        prepare, and implement an effective strategy to prevent and 
        respond to such crimes.
            (10) The annual dissemination of relevant information to 
        students and faculty regarding the institution's campus safety 
        apparatus will provide for a more transparent and informed 
        campus community on the infrastructure and process in place, 
        and the assistance services available.
            (11) Federal financial assistance with regard to providing 
        training, technical assistance, evaluation, and other 
        associated services will allow school security and 
        administration to understand the unique needs for the campus 
        and the assistance to implement the proper safety plan to 
        address those needs.
            (12) Amending the Program Participation Agreement between 
        an institution of higher education and the Department of 
        Education to include hate crime programs provides substantial 
        assurance that campus climate and safety will become an 
        increasing priority and focal point to the higher education 
        community.
            (13) Modifying the Jeanne Clery Disclosure of Campus 
        Security Policy and Campus Crime Statistics Act will enable 
        campus security and local law enforcement to more efficiently 
        collaborate in detailing and recording information on crimes, 
        including violence motivated by the actual or perceived race, 
        color, religion, national origin, gender, sexual orientation, 
        gender identity, or disability of the victim.
            (14) 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.

SEC. 3. HATE CRIME PREVENTION AND RESPONSE.

    Part B of title I of the Higher Education Act of 1965 is amended by 
adding at the end the following:

``SEC. 124. HATE CRIME PREVENTION AND RESPONSE.

    ``(a) Restriction on Eligibility.--Notwithstanding any other 
provision of law, no institution of higher education shall be eligible 
to receive funds or any other form of financial assistance under any 
program under title IV, unless the institution certifies to the 
Secretary that the institution has adopted and has implemented a 
program to prevent and adequately respond to hate crimes within the 
jurisdiction of the institution or by students and employees that, at a 
minimum, includes--
            ``(1) the annual distribution to each student and employee 
        of--
                    ``(A) standards of conduct and the applicable 
                sanctions that clearly prohibit, at a minimum, the acts 
                or threats of violence, property damage, harassment, 
                intimidation, or other crimes that specifically target 
                an individual based on their race, religion, ethnicity, 
                handicap, sexual orientation, gender, or gender 
                identification by students and employees on the 
                institution's property or as a part of any of the 
                institution's activities;
                    ``(B) a clear definition of what constitutes a hate 
                crime or hate incident under Federal and State law or 
                other applicable authority;
                    ``(C) a description of the applicable legal 
                sanctions under local, State, or Federal law for 
                perpetrating a hate crime;
                    ``(D) a description of any counseling, medical 
                treatment, or rehabilitation programs that are 
                available to students or employees that are victims of 
                hate crimes or other hate-based incidences;
                    ``(E) a description of applicable services for 
                students to be able to switch dorms, classes, or make 
                other arrangements should they feel unsafe in those 
                spaces due to a hate crime which affects such space; 
                and
                    ``(F) a distinct statement that the institution 
                will impose sanctions on students and employees 
                (consistent with local, State, and Federal law), and a 
                description of those sanctions, up to and including 
                expulsion or termination of employment and referral for 
                prosecution, for violations of the standards of conduct 
                required by subparagraph (A); and
            ``(2) a quadrennial review by the institution of the 
        institution's program to--
                    ``(A) determine the program's effectiveness and 
                implement changes to the program if the changes are 
                needed;
                    ``(B) determine the number of hate crimes and 
                fatalities that--
                            ``(i) occur on the institution's campus (as 
                        defined in section 485(f)(6)), or as part of 
                        any of the institution's activities; and
                            ``(ii) are reported to campus officials or 
                        nonaffiliated local law enforcement agencies 
                        with jurisdiction over the incident;
                    ``(C) determine the number, type, and severity of 
                sanctions described in paragraph (1)(F) that are 
                imposed by the institution as a result of hate crimes 
                and fatalities on the institution's campus or as part 
                of any of the institution's activities; and
                    ``(D) ensure that sanctions required by paragraph 
                (1)(F) are consistently enforced.
    ``(b) Information Availability.--Each institution of higher 
education that provides the certification required by subsection (a) 
shall, upon request, make available to the Secretary and to the public 
a copy of each item required by subsection (a)(1) as well as the 
results of the biennial review required by subsection (a)(2).
            ``(1) Regulations.--
                    ``(A) In general.--The Secretary shall publish 
                regulations to implement and enforce the provisions of 
                this section, including regulations that provide for--
                            ``(i) the periodic review of a 
                        representative sample of programs required by 
                        subsection (a); and
                            ``(ii) a range of responses and sanctions 
                        for institutions of higher education that fail 
                        to implement their programs or to consistently 
                        enforce their sanctions, including information 
                        and technical assistance, the development of a 
                        compliance agreement, and the termination of 
                        any form of Federal financial assistance.
                    ``(B) Inclusivity program.--The sanctions required 
                by subsection (a)(1)(F) that are imposed by the 
                institution of higher education, may include an 
                inclusivity program as an explicit condition of 
                remaining enrolled at the institution of higher 
                education, that the defendant successfully undertake 
                educational classes or community service directly 
                related to the community harmed by the respondent's 
                offense.
            ``(2) Appeals.--Upon determination by the Secretary to 
        terminate financial assistance to any institution of higher 
        education under this section, the institution may file an 
        appeal with an administrative law judge before the expiration 
        of the 30-day period beginning on the date such institution is 
        notified of the decision to terminate financial assistance 
        under this section. Such judge shall hold a hearing with 
        respect to such termination of assistance before the expiration 
        of the 45-day period beginning on the date that such appeal is 
        filed. Such judge may extend such 45-day period upon a motion 
        by the institution concerned. The decision of the judge with 
        respect to such termination shall be considered to be a final 
        agency action.
            ``(3) Hate crime prevention and response grants.--
                    ``(A) Program authority.--The Secretary may make 
                grants to institutions of higher education or consortia 
                of such institutions, and enter into contracts with 
                such institutions, consortia, and other organizations, 
                to develop, implement, operate, improve, and 
                disseminate programs of prevention, and education to 
                reduce and eliminate hate crimes. Such grants or 
                contracts may also be used for the support of a higher 
                education center for hate crime prevention and response 
                that will provide training, technical assistance, 
                evaluation, dissemination, and associated services and 
                assistance to the higher education community as 
                determined by the Secretary and institutions of higher 
                education.
                    ``(B) Awards.--Grants and contracts shall be 
                awarded under subparagraph (A) on a by needs basis.
                    ``(C) Applications.--An institution of higher 
                education or a consortium of such institutions that 
                desires to receive a grant or contract under paragraph 
                (A) shall submit an application to the Secretary at 
                such time, in such manner, and containing or 
                accompanied by such information as the Secretary may 
                reasonably require by regulation.
                    ``(D) Additional requirements.--
                            ``(i) Participation.--In awarding grants 
                        and contracts under this subsection the 
                        Secretary shall make every effort to ensure--
                                    ``(I) the equitable participation 
                                of private and public institutions of 
                                higher education (including community 
                                and junior colleges); and
                                    ``(II) the equitable geographic 
                                participation of such institutions.
                            ``(ii) Consideration.--In awarding grants 
                        and contracts under this subsection the 
                        Secretary shall give appropriate consideration 
                        to institutions of higher education with 
                        limited enrollment.
                    ``(E) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                subsection such sums as may be necessary for fiscal 
                year 2020 and each of the 5 succeeding fiscal years.
            ``(4) Definition.--The term `hate crime' means any criminal 
        offense perpetrated against a person or property that was 
        motivated in whole or in part by an offender's bias against a 
        race, religion, disability, sexual orientation, ethnicity, 
        gender, or gender identity.''.

SEC. 4. CLERY ACT AMENDMENTS.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C)--
                            (i) by striking ``and'' at the end of 
                        clause (ii);
                            (ii) in clause (iii)--
                                    (I) by striking ``encourage'' and 
                                inserting ``require'';
                                    (II) by inserting ``, including 
                                hate crimes,'' after ``all crimes''; 
                                and
                                    (III) by striking the period at the 
                                end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(i) policies encourage officer 
                        development training to specifically recognize, 
                        prevent, and respond to hate crimes.''; and
                    (B) by adding at the end the following:
            ``(K) A statement of policy regarding hate-based crimes and 
        the enforcement of Federal and State hate crime laws and a 
        description of any hate crime prevention and response programs 
        required under section 124.''; and
            (2) in paragraph (6)(A), by adding at the end the 
        following:
                            ``(vi) The term `hate crime' has the 
                        meaning given the term in section 124(b)(4).''.

SEC. 5. PROGRAM PARTICIPATION AGREEMENTS.

    Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)) is amended by adding at the end the following:
                            ``(30) The institution will have hate crime 
                        prevention and response programs that the 
                        institution has determined to be accessible to 
                        any officer, employee, or student at the 
                        institution and which meets the requirements of 
                        section 124.''.

SEC. 6. ACCREDITING AGENCY RECOGNITION.

    Section 496(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 
1099b(a)(5)) is amended--
            (1) in subparagraph (I), by striking ``and'' at the end;
            (2) in subparagraph (J), by inserting ``and'' after the 
        semicolon; and
            (3) by inserting after subparagraph (J) and before the 
        flush text, the following:
                    ``(K) safety objectives with respect to hate crimes 
                (defined in section 124(b)(4)) and the established 
                measures and policies to combat such crimes;''.
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