[Congressional Record Volume 167, Number 67 (Monday, April 19, 2021)]
[Senate]
[Pages S2039-S2041]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1445. Mr. SCHUMER (for Ms. Hirono (for herself, Ms. Collins, Mr.
Blumenthal, and Mr. Warnock)) proposed an amendment to the bill S. 937,
to facilitate the expedited review of COVID-19 hate crimes, and for
other purposes; as follows:
Strike all after the first word and insert the following:
1. SHORT TITLE.
This Act may be cited as the ``COVID-19 Hate Crimes Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Following the spread of COVID-19 in 2020, there has
been a dramatic increase in hate crimes and violence against
Asian-Americans and Pacific Islanders.
(2) According to a recent report, there were nearly 3,800
reported cases of anti-Asian discrimination and incidents
related to COVID-19 between March 19, 2020, and February 28,
2021, in all 50 States and the District of Columbia.
(3) During this time frame, race has been cited as the
primary reason for discrimination, making up over 90 percent
of incidents, and the United States condemns and denounces
any and all anti-Asian and Pacific Islander sentiment in any
form.
(4) Roughly 36 percent of these incidents took place at a
business and more than 2,000,000 Asian-American businesses
have contributed to the diverse fabric of American life.
(5) More than 1,900,000 Asian-American and Pacific Islander
older adults, particularly those older adults who are recent
immigrants or have limited English proficiency, may face even
greater challenges in dealing with the COVID-19 pandemic,
including discrimination, economic insecurity, and language
isolation.
(6) In the midst of this alarming surge in anti-Asian hate
crimes and incidents, a shooter murdered the following 8
people in the Atlanta, Georgia region, 7 of whom were women
and 6 of whom were women of Asian descent:
(A) Xiaojie Tan.
(B) Daoyou Feng.
(C) Delaina Ashley Yaun Gonzalez.
(D) Paul Andre Michels.
(E) Soon Chung Park.
(F) Hyun Jung Grant.
(G) Suncha Kim.
(H) Yong Ae Yue.
(7) The people of the United States will always remember
the victims of these shootings and stand in solidarity with
those affected by this senseless tragedy and incidents of
hate that have affected the Asian and Pacific Islander
communities.
SEC. 3. REVIEW OF HATE CRIMES.
(a) In General.--Not later than 7 days after the date of
enactment of this Act, the Attorney General shall designate
an officer or employee of the Department of Justice whose
responsibility during the applicable period shall be to
facilitate the expedited review of hate crimes (as described
in section 249 of title 18, United States Code) and reports
of any such crime to Federal, State, local, or Tribal law
enforcement agencies.
(b) Applicable Period Defined.--In this section, the term
``applicable period'' means the period beginning on the date
on which the officer or employee is designated under
subsection (a), and ending on the date that is 1 year after
the date on which the emergency period described in
subparagraph (B) of section 1135(g)(1) of the Social Security
Act (42 U.S.C. 1320b-5(g)(1)) ends, except that the Attorney
General may extend such period as appropriate.
SEC. 4. GUIDANCE.
(a) Guidance for Law Enforcement Agencies.--The Attorney
General shall issue guidance for State, local, and Tribal law
enforcement agencies, pursuant to this Act and other
applicable law, on how to--
(1) establish online reporting of hate crimes or incidents,
and to have online reporting that is equally effective for
people with disabilities as for people without disabilities
available in multiple languages as determined by the Attorney
General;
(2) collect data disaggregated by the protected
characteristics described in section 249 of title 18, United
States Code; and
(3) expand public education campaigns aimed at raising
awareness of hate crimes and reaching victims, that are
equally effective for people with disabilities as for people
without disabilities.
(b) Guidance Relating to COVID-19 Pandemic.--The Attorney
General and the Secretary of Health and Human Services, in
coordination with the COVID-19 Health Equity Task Force and
community-based organizations, shall issue guidance aimed at
raising awareness of hate crimes during the COVID-19
pandemic.
SEC. 5. 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--
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(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 that develop and implement the programs and
activities described in subsection (f)(2)(A).
(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:
(A) Covered agency.--The term ``covered agency'' means--
(i) a State law enforcement agency; and
(ii) a priority agency.
(B) 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 unit of local
government within the State for the purposes under that
subparagraph, except that a unit of local government may
provide funding from such a subgrant to any law enforcement
agency of the unit of local government.
(3) Information required of states and units of local
government.--
(A) In general.--For each fiscal year in which a State or
unit of local government receives a grant or subgrant under
paragraph (2), the State or unit of local government shall--
(i) collect information from each law enforcement agency
that receives funding from the grant or subgrant 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), a State or unit of local
government shall require each law enforcement agency that
receives funding from a grant or subgrant awarded to the
State or unit of local government under paragraph (2) to
submit a semiannual report to the State or unit of local
government 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, a
State or unit of local government receiving a grant or
subgrant under paragraph (2) shall comply with paragraph (3).
(B) 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 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
[[Page S2041]]
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 other law enforcement agencies that
received funding from a grant or subgrant awarded under
paragraph (2) 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 other law enforcement agencies that
received funding from a grant or subgrant awarded under
paragraph (2) 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.''.
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