[Congressional Record Volume 167, Number 69 (Wednesday, April 21, 2021)]
[Senate]
[Pages S2132-S2133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1458. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 1445 proposed by Mr. Schumer (for Ms. Hirono 
(for herself, Ms. Collins, Mr. Blumenthal, and Mr. Warnock)) 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:

       Beginning on page 4, strike line 11 and all that follows 
     through page 21, line 19 and insert the following:
       (1) establish online reporting of hate crimes, 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; and
       (2) collect data disaggregated by the protected 
     characteristics described in section 249 of title 18, United 
     States Code.
       (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 on how to 
     report 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--
       (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 (e)(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

[[Page S2133]]

     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) 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; and
       (iii) establishing a unit specialized in identifying, 
     investigating, and reporting hate crimes.
       (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.
       (f) 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 (e) 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 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).

       (g) 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 community 
     service directly related to the community harmed by the 
     defendant's offense.''.

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