[Congressional Record Volume 167, Number 64 (Wednesday, April 14, 2021)]
[Senate]
[Pages S1944-S1949]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1414. Mr. CRUZ submitted an amendment intended to be proposed by

[[Page S1945]]

him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TASK FORCE ON DISCRIMINATION IN HIGHER EDUCATION 
                   OF ASIAN AMERICANS.

       The Attorney General, in coordination with the Secretary of 
     Education, shall establish a task force to investigate, and 
     provide proposals for remedies to, discrimination by 
     institutions of higher education (as defined in section 102 
     of the Higher Education Act of 1965 (20 U.S.C. 1002)) against 
     Asian Americans in recruitment, applicant review, and 
     admissions.
                                 ______
                                 
  SA 1415. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. RESTRICTION ON THE RELEASE OF INDIVIDUALS WHO 
                   UNLAWFULLY ENTER THE UNITED STATES.

       (a) Findings.--Congress finds the following:
       (1) There was a 71 percent increase in the number of 
     illegal immigrant encounters by U.S Customs and Border 
     Protection agents between February and March 2021.
       (2) In March 2021, more than 172,000 illegal immigrants 
     were intercepted by U.S. Customs and Border Protection 
     agents, including 53,000 illegal immigrants who entered the 
     United States as part of a family group.
       (3) Although Federal law requires the Department of 
     Homeland Security to detain, pending the completion of 
     removal proceedings, any alien who is not ``clearly and 
     beyond a doubt entitled to be admitted'', as of April 2021, 
     the Department of Homeland Security is releasing many such 
     individuals into communities in Texas and other border 
     States, which has caused a significant strain on such 
     communities and on State and local governments that lack the 
     resources and infrastructure to care for so many individuals.
       (b) Restriction.--The Department of Homeland Security may 
     not release any individual who unlawfully entered the United 
     States into any State, county, or city in the United States 
     unless the governor of such State and the governing body of 
     such county and city expressly consent to such release.
       (c) Cause of Action.--A violation of subsection (b) shall 
     give rise to a cause of action against the Federal Government 
     by a State, county, or city into which jurisdiction such 
     individual was released.
                                 ______
                                 
  SA 1416. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. PROHIBITION OF FEDERAL FUNDS FOR INSTITUTIONS OF 
                   HIGHER EDUCATION THAT DISCRIMINATE AGAINST 
                   ASIAN AMERICANS.

       Notwithstanding any other provision of law, no institution 
     of higher education (as defined in section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002)) may receive any 
     Federal funding if the institution has a policy in place or 
     engages in a practice that discriminates against Asian 
     Americans in recruitment, applicant review, or admissions.
                                 ______
                                 
  SA 1417. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. LIMITATION ON RELEASE OF ALIENS DETAINED FOR 
                   UNLAWFULLY ENTERING THE UNITED STATES.

       (a) In General.--The Department of Homeland Security may 
     not release from custody any alien who is detained for 
     unlawfully entering the United States unless such alien tests 
     negative for COVID-19 during the 24-hour period immediately 
     preceding the alien's release.
       (b) Savings Provision.--Nothing in this Act may be 
     construed to authorize the release any person from the 
     custody of the Department of Homeland Security who is not 
     otherwise authorized by law to be released.
                                 ______
                                 
  SA 1418. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 3, line 3, strike ``or disability'' and insert 
     ``disability, or status as a law enforcement officer or 
     member of the armed forces''.
                                 ______
                                 
  SA 1419. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. DEATH PENALTY ELIGIBILITY.

       Section 3592(c) is amended by inserting after paragraph 
     (16) the following:
       ``(17) COVID-19 hate crimes.--The defendant committed a 
     COVID-19 hate crime, as defined in section 2 of the COVID-19 
     Hate Crimes Act.''.
                                 ______
                                 
  SA 1420. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. INCREASE STATUTORY PENALTIES FOR COVID-19 HATE 
                   CRIMES.

       Section 249(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)'';
       (2) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (3) by inserting after paragraph (2) the following:
       ``(3) Offenses involving covid-19 hate crimes.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B) or paragraph (4), willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, a dangerous 
     weapon, or an explosive or incendiary device, attempts to 
     cause bodily injury to any person, because of--
       ``(i) the actual or perceived religion, national origin, 
     gender, sexual orientation, gender identity, or disability of 
     any person; and
       ``(ii) the actual or perceived relationship to the spread 
     of COVID-19 of any person because of the characteristic 
     described in clause (i),
     shall be fined under this title and imprisoned for not less 
     than 10 years or for life, or, if death results, shall be 
     sentenced to not less than 30 years and not more than life, 
     or may be punished by death.
       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, dangerous 
     weapon, explosive or incendiary device, or other weapon that 
     has traveled in interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.''; 
     and

       (4) in paragraph (4), as so redesignated--
       (A) by striking ``(1) or in paragraph (2)(A)'' and 
     inserting ``(1), in paragraph (2)(A)''; and
       (B) by inserting ``, or in paragraph (3)(A) (without regard 
     to whether that conduct occurred in a circumstance described 
     in paragraph (3)(B))'' after ``paragraph (2)(B))''
                                 ______
                                 
  SA 1421. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. ENHANCED PENALTIES FOR COVID-19 HATE CRIMES.

       (a) Death Penalty Eligibility.--Section 3592(c) is amended 
     by inserting after paragraph (16) the following:
       ``(17) COVID-19 hate crimes.--The defendant committed a 
     COVID-19 hate crime, as defined in section 2 of the COVID-19 
     Hate Crimes Act.''.
       (b) Increase Statutory Penalties for COVID-19 Hate 
     Crimes.--Section 249(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)'';
       (2) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (3) by inserting after paragraph (2) the following:
       ``(3) Offenses involving covid-19 hate crimes.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B) or paragraph (4), willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, a dangerous 
     weapon, or an explosive

[[Page S1946]]

     or incendiary device, attempts to cause bodily injury to any 
     person, because of--
       ``(i) the actual or perceived religion, national origin, 
     gender, sexual orientation, gender identity, or disability of 
     any person; and
       ``(ii) the actual or perceived relationship to the spread 
     of COVID-19 of any person because of the characteristic 
     described in clause (i),
     shall be fined under this title and imprisoned for not less 
     than 10 years or for life, or, if death results, shall be 
     sentenced to not less than 30 years and not more than life, 
     or may be punished by death.
       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, dangerous 
     weapon, explosive or incendiary device, or other weapon that 
     has traveled in interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.''; 
     and

       (4) in paragraph (4), as so redesignated--
       (A) by striking ``(1) or in paragraph (2)(A)'' and 
     inserting ``(1), in paragraph (2)(A)''; and
       (B) by inserting ``, or in paragraph (3)(A) (without regard 
     to whether that conduct occurred in a circumstance described 
     in paragraph (3)(B))'' after ``paragraph (2)(B))''
                                 ______
                                 
  SA 1422. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       In section 3, strike subsection (b).
                                 ______
                                 
  SA 1423. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. REVIEW OF ANTI-ASIAN DISCRIMINATION IN INSTITUTIONS 
                   OF HIGHER EDUCATION.

       (a) Definitions.--In this section:
       (1) Applicable period.--The term ``applicable period'' 
     means the 5-year period beginning on the date on which the 
     officer or employee is designated under subsection (b).
       (2) Institution of higher education.--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).
       (b) Designation.--Not later than 1 day after the date of 
     enactment of this Act, the Attorney General shall designate 
     an officer or employee of the Department of Justice whose 
     sole responsibility during the applicable period shall be to 
     review and investigate allegations of anti-Asian 
     discrimination in the admissions policies of institutions of 
     higher education in the United States.
       (c) Reports.--Not later than 180 days after the date of 
     enactment of this Act, and once every 180 days thereafter 
     until the end of the applicable period, the Attorney General 
     shall submit a report to Congress on the allegations 
     described in subsection (b) reviewed during the reporting 
     period, which shall include--
       (1) a summary of each allegation received; and
       (2) information about the status of each allegation, 
     including whether the Department of Justice filed or declined 
     to file an action based on the allegation.
                                 ______
                                 
  SA 1424. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. REPORT ON RELIGIOUS RESTRICTIONS DURING THE COVID-19 
                   PANDEMIC.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report on the restrictions on religious exercise 
     imposed by States, the District of Columbia, Puerto Rico, and 
     any other territory or possession of the United States during 
     the COVID-19 pandemic.
       (b) Contents.--The report required to be submitted under 
     subsection (a) shall include--
       (1) an analysis of whether the same restrictions applied to 
     religious institutions also applied equally to secular 
     organizations or businesses; and
       (2) an analysis of whether each imposed restriction 
     complies with the ruling of the Supreme Court of the United 
     States in Tandon v. Newsom, No. 20A151, 539 U.S. ___ (2021).
                                 ______
                                 
  SA 1425. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 3 and insert the following:

     SEC. 3. REPORT ON RELIGIOUS RESTRICTIONS DURING THE COVID-19 
                   PANDEMIC.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report on the restrictions on religious exercise 
     imposed by States, the District of Columbia, Puerto Rico, and 
     any other territory or possession of the United States during 
     the COVID-19 pandemic.
       (b) Contents.--The report required to be submitted under 
     subsection (a) shall include--
       (1) an analysis of whether the same restrictions applied to 
     religious institutions also applied equally to secular 
     organizations or businesses; and
       (2) an analysis of whether each imposed restriction 
     complies with the ruling of the Supreme Court of the United 
     States in Tandon v. Newsom, No. 20A151, 539 U.S. ___ (2021).
                                 ______
                                 
  SA 1426. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 3 and insert the following:

     SEC. 3. DEPARTMENT OF EDUCATION REPORT ON EFFECTS OF 
                   PANDEMIC-RELATED SCHOOL CLOSINGS ON CHILDREN.

       The Secretary of Education shall submit a report to 
     Congress on the effects of pandemic-related school closings 
     on the educational development of children during the 
     pandemic.
                                 ______
                                 
  SA 1427. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 3 and insert the following:

     SEC. 3. REPORT ON THE EFFECTIVENESS OF THE WORLD HEALTH 
                   ORGANIZATION'S RESPONSE TO THE COVID-19 
                   PANDEMIC.

       The Director of the Centers for Disease Control and 
     Prevention shall submit a report to Congress on the 
     effectiveness of the World Health Organization's response to 
     the COVID-19 pandemic.
                                 ______
                                 
  SA 1428. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 3 and insert the following:

     SEC. 3. REPORT ON THE HEALTH EFFECTS OF LOCKDOWNS.

       The Secretary of Health and Human Services shall submit a 
     report to Congress on the effects that State and local 
     lockdowns in 2020 had on the mental, emotional, and physical 
     health of the people of the United States.
                                 ______
                                 
  SA 1429. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 3 and insert the following:

     SEC. 3. REPORT ON HOW STATE AND LOCAL LOCKDOWNS AFFECTED 
                   SMALL BUSINESS OWNERS AND EMPLOYEES.

       The Secretary of Commerce shall submit a report to Congress 
     that details the effects the State and local lockdowns 
     implemented in 2020 had on small business owners and 
     employees.
                                 ______
                                 
  SA 1430. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 3 and insert the following:

     SEC. 3. REPORT ON ENFORCEMENT OF MASK MANDATES AND SOCIAL 
                   DISTANCING RESTRICTIONS DURING PROTEST 
                   ACTIVITIES.

       The Attorney General shall submit a report to Congress on 
     whether Federal, State, or local law enforcement officers 
     enforced COVID-19 related social distancing restrictions and 
     mask mandates during protest activities occurring in States, 
     the District of Columbia, Puerto Rico, and any other 
     territory or possession of the United States in 2020.

[[Page S1947]]

  

                                 ______
                                 
  SA 1431. Ms. ERNST (for herself and Mrs. Capito) submitted an 
amendment intended to be proposed by her to the bill S. 937, to 
facilitate the expedited review of COVID-19 hate crimes, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COVID-19 VIOLENCE AGAINST WOMEN ACT EXTENSION OF 
                   AUTHORITY.

       (a) Findings.--Congress finds the following:
       (1) According to the American Journal of Emergency 
     Medicine, during the COVID-19 pandemic, police departments 
     across the country reported increases in domestic violence.
       (2) One study, published in the journal Radiology, found 
     that at Brigham and Women's Hospital in Boston, radiology 
     scans and superficial wounds consistent with domestic abuse 
     from March 11 to May 3 of last year exceeded the totals for 
     the same period in 2018 and 2019 combined.
       (3) Lockdowns associated with the COVID-19 pandemic 
     increased the isolation of survivors of domestic violence and 
     abusers have taken advantage of that isolation to further 
     exert power and coercive control.
       (4) Domestic violence programs and hotlines across the 
     country have seen a substantial increase in contacts since 
     the beginning of the COVID-19 pandemic.
       (5) Especially in rural areas, survivors are often far from 
     shelter and services, and steps taken to mitigate the spread 
     of COVID-19 have only exacerbated that disparity.
       (6) Survivors across the country have tragically 
     experienced greater abuse and isolation due to lockdowns 
     associated with the COVID-19 pandemic and are in desperate 
     need of increased support.
       (7) An extension of the Violence Against Women 
     Reauthorization Act of 2013 (Public Law 113-4; 127 Stat. 54) 
     that lasts through the COVID-19 pandemic ensures that 
     survivors can have their needs met, and ensures that their 
     abusers are subjected to justice.
       (b) Authority.--Any program, authority, or provision, 
     including any pilot program, authorized under the Violence 
     Against Women Reauthorization Act of 2013 (Public Law 113-4; 
     127 Stat. 54) shall continue in effect through the date that 
     is 6 months after the date on which the public health 
     emergency for COVID-19, as declared by the Secretary of 
     Health and Human Services under section 319 of the Public 
     Health Service Act (42 U.S.C. 247d), expires.
                                 ______
                                 
  SA 1432. Mr. MORAN (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by him to the bill S. 937, to 
facilitate the expedited review of COVID-19 hate crimes, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. 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 with larger populations.
       (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:

[[Page S1948]]

       (A) Applicable agency.--The term ``applicable agency'', 
     with respect to an eligible entity that is--
       (i) a State, means--

       (I) a law enforcement agency of the State; and
       (II) a law enforcement agency of a unit of local government 
     within the State that--

       (aa) is a priority agency; and
       (bb) receives a subgrant from the State under this section; 
     and
       (ii) a unit of local government, means a law enforcement 
     agency of the unit of local government that is a priority 
     agency.
       (B) Covered agency.--The term ``covered agency'' means--
       (i) a State law enforcement agency; and
       (ii) a priority agency.
       (C) 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 priority agency of 
     a unit of local government within the State for the purposes 
     under that subparagraph.
       (3) Information required of states and units of local 
     government.--
       (A) In general.--For each fiscal year in which an eligible 
     entity receives a grant under paragraph (2), the eligible 
     entity shall--
       (i) collect information from each applicable agency 
     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), an eligible entity shall require 
     each applicable agency to submit a semiannual report to the 
     eligible entity 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, 
     an eligible entity receiving a grant under paragraph (2) 
     shall comply with paragraph (3).
       (B) Extensions; waiver.--The Attorney General--
       (i) may provide a 120-day extension to an eligible entity 
     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 priority agencies 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 priority agencies 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.''.
                                 ______
                                 
  SA 1433. Mr. TUBERVILLE submitted an amendment intended to be 
proposed by him to the bill S. 937, to facilitate the expedited review 
of COVID-19 hate crimes, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 3, line 16, strike ``and'' and insert the 
     following:
       (2) include information relating to the race, ethnicity, 
     immigration status, and political affiliation of the alleged 
     perpetrator of a hate crime or incident in the online 
     reporting described in paragraph (1); and
                                 ______
                                 
  SA 1434. Mr. TUBERVILLE submitted an amendment intended to be 
proposed by him to the bill S. 937, to facilitate the expedited review 
of COVID-19 hate crimes, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 4, line 2, insert the following: ``Any guidance 
     issued under this subsection shall not preclude an educator, 
     government official, or any other individual in a position of 
     authority from describing the COVID-19 pandemic as having 
     originated in and subsequently spread from China.''.

                                 ______
                                 
  SA 1435. Mr. TUBERVILLE submitted an amendment intended to be 
proposed by him to the bill S. 937, to facilitate the expedited review 
of COVID-19 hate crimes, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 3, line 14, after ``incidents,'' insert the 
     following: ``including establishing criminal penalties for 
     any online reporting of a hate crime that is fraudulent, 
     illegitimate, or retaliatory in nature,''.

                                 ______
                                 
  SA 1436. Mr. TUBERVILLE submitted an amendment intended to be

[[Page S1949]]

proposed by him to the bill S. 937, to facilitate the expedited review 
of COVID-19 hate crimes, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

     SEC. 4. COVID-19 HATE CRIME STUDY.

       (a) In General.--Not later than the earlier of 1 year after 
     the date on enactment of this Act or 180 days after the date 
     on which the Director of the Centers for Disease Control and 
     Prevention determines that COVID-19 mitigation measures are 
     no longer necessary, the Attorney General, in coordination 
     with the Secretary of Health and Human Services, shall 
     conduct a study on whether there is a correlation between--
       (1) the frequency of COVID-19 hate crimes; and
       (2) the existence of more restrictive COVID-19 mitigation 
     measures.
       (b) Population Adjustment.--In conducting the study 
     required under subsection (a), the Attorney General shall 
     adjust data based on the population of a particular area, as 
     appropriate.
                                 ______
                                 
  SA 1437. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 937, to facilitate the expedited review of COVID-
19 hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. 4. PROHIBITING DISCRIMINATION IN ADMISSION TO 
                   POSTSECONDARY INSTITUTIONS.

       Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d) is amended--
       (1) by inserting ``(a)'' before ``No person''; and
       (2) by adding at the end the following:
       ``(b) Admission to Postsecondary Institutions.--It shall be 
     unlawful for an employee of a postsecondary institution 
     referred to in section 606(2)(A) and receiving Federal 
     financial assistance, to use, or refer an applicant to, an 
     informal or formal quota system based on race, ethnicity, 
     color, or national origin, during any step of the admissions 
     process, to determine whether the applicant involved shall be 
     admitted to the institution.''.
                                 ______
                                 
  SA 1438. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill S. 937, to facilitate the expedited review of COVID-
19 hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENT TO INVESTIGATE INCIDENCE OF 
                   DISCRIMINATION AGAINST ASIAN AMERICAN HIGH 
                   SCHOOL AND COLLEGE APPLICANTS.

       Not later than 1 day after the date of enactment of this 
     Act, the Attorney General shall designate an officer or 
     employee of the Department of Justice whose sole 
     responsibility shall be to investigate selective high schools 
     and institutions of higher education in the United States 
     accused of discriminating against Asian American applicants.
                                 ______
                                 
  SA 1439. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the bill S. 937, to facilitate the expedited review of COVID-
19 hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENT TO DISSEMINATE SECOND AMENDMENT 
                   INFORMATION TO THE ASIAN AMERICAN COMMUNITY.

       Not later than 1 day after the date of enactment of this 
     Act, the Attorney General shall designate an officer or 
     employee of the Department of Justice whose sole 
     responsibility shall be to disseminate information to Asian 
     Americans in the United States regarding--
       (1) rights provided under the Second Amendment to the 
     Constitution of the United States; and
       (2) legal protections for individuals who defend themselves 
     against acts of violence.
                                 ______
                                 
  SA 1440. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 937, to facilitate the expedited review of COVID-19 
hate crimes, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. REPORT ON DISCRIMINATION BY RECIPIENTS OF COVID-19 
                   RELIEF BENEFITS BASED ON ACTUAL OR PERCEIVED 
                   COVID-19 STATUS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) all forms of hatred against all people and the rise in 
     violence in the wake of COVID-19 be condemned; and
       (2) physical and verbal attacks against Asian American and 
     Pacific Islander persons, such as those resulting in the 
     killing an 84-year old Thai immigrant in San Francisco, 
     California, the setting on fire of an 89-year old Chinese 
     woman in Brooklyn, New York, and the slashing of a 61-year 
     old Filipino American's face with a box cutter while in the 
     New York Subway, are reprehensible, contrary to American 
     values as well as the sanctity of human life, and must be 
     stopped.
       (b) Definitions.--In this section--
       (1) the term ``COVID-19 relief benefits''--
       (A) means any benefit from the Federal Government relating 
     to the COVID-19 pandemic; and
       (B) includes any grant, funds, loan, loan guarantee, 
     bankruptcy relief, mortgage, rent, or eviction relief, or 
     other benefit received under the American Rescue Plan (Public 
     Law 117-2), the Consolidated Appropriations Act, 2021 (Public 
     Law 116-260), the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139; 134 Stat. 620), the 
     CARES Act (Public Law 116-136; 134 Stat. 281), the Families 
     First Coronavirus Response Act (Public Law 116-127; 134 Stat. 
     178), the Coronavirus Preparedness and Response Supplemental 
     Appropriations Act, 2020 (Public Law 116-123; 134 Stat. 146), 
     or an amendment made by any such Act; and
       (2) the term ``crime of violence'' has the meaning given 
     that term in section 16 of title 18, United States Code.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report that studies--
       (1) crimes of violence motivated by the actual or perceived 
     relationship of any individual to the spread of COVID-19 for 
     any reason, including appearance, mask wearing, or 
     vaccination status; and
       (2) the extent to which businesses that received COVID-19 
     relief benefits discriminated against individuals who are 
     perceived to have spread COVID-19, which shall specifically 
     detail the extent to which businesses that received COVID-19 
     relief benefits, or agents thereof, denied goods, services, 
     or travel, or committed a crime of violence, because of the 
     actual or perceived relationship of any individual to the 
     spread of COVID-19 for any reason, including appearance, mask 
     wearing, or vaccination status.

                          ____________________