COVID-19 Hate Crimes Act

135 STAT. 265 PUBLIC LAW 117–13—MAY 20, 2021 Public Law 117–13 117th Congress An Act To facilitate the expedited review of COVID–19 hate crimes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘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 Gonza´lez. (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 Xiaojie Tan. Daoyou Feng. Delaina Ashley Yaun Gonza´lez. Paul Andre Michels. Soon Chung Park. Hyun Jung Grant. Suncha Kim. Yong Ae Yue. 34 USC 30501 note. 34 USC 10101 note. COVID–19 Hate Crimes Act. May 20, 2021 [S. 937] VerDate Sep 11 2014 10:29 May 28, 2021 Jkt 019139 PO 00013 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL013.117 PUBL013 dkrause on LAP5T8D0R2PROD with PUBLAWS 135 STAT. 266 PUBLIC LAW 117–13—MAY 20, 2021 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 enact- ment 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 appro- priate. 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 characteris- tics 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 Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021. 34 USC 30507. Coordination. 34 USC 30501 note. Deadline. Designation. 34 USC 30501 note. VerDate Sep 11 2014 10:29 May 28, 2021 Jkt 019139 PO 00013 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL013.117 PUBL013 dkrause on LAP5T8D0R2PROD with PUBLAWS 135 STAT. 267 PUBLIC LAW 117–13—MAY 20, 2021 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 pros- ecute 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 ref- erenced 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 identi- fication 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 vio- lent 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 govern- ment 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 govern- ment 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 Uni- form 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 statis- tics for use— (A) in law enforcement administration, operation, and management; and (B) to assess the nature and type of crime in the United States. VerDate Sep 11 2014 10:29 May 28, 2021 Jkt 019139 PO 00013 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL013.117 PUBL013 dkrause on LAP5T8D0R2PROD with PUBLAWS 135 STAT. 268 PUBLIC LAW 117–13—MAY 20, 2021 (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 para- graph (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 unconstitu- tional 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 para- graph, 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; Time period. Effective date. State and local governments. VerDate Sep 11 2014 10:29 May 28, 2021 Jkt 019139 PO 00013 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL013.117 PUBL013 dkrause on LAP5T8D0R2PROD with PUBLAWS 135 STAT. 269 PUBLIC LAW 117–13—MAY 20, 2021 (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 pre- vent, address, or otherwise respond to hate crime, particu- larly 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 commu- nity-based organizations or leaders; and VerDate Sep 11 2014 10:29 May 28, 2021 Jkt 019139 PO 00013 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL013.117 PUBL013 dkrause on LAP5T8D0R2PROD with PUBLAWS 135 STAT. 270 PUBLIC LAW 117–13—MAY 20, 2021 (II) conducting public meetings or educational forums on the impact of hate crimes, services avail- able to hate crime victims, and the relevant Fed- eral, State, and local laws pertaining to hate crimes; and (v) providing hate crime trainings for agency per- sonnel. (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 enforce- ment agency of the unit of local government. (3) INFORM [Text truncated for display. Full text available on Congress.gov.]