Jabara-Heyer NO HATE Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2383 To provide incentives for hate crime reporting, provide grants for State- run hate crime hotlines, and establish additional penalties for individuals convicted under the Matthew Shephard and James Byrd, Jr. Hate Crimes Prevention Act. IN THE HOUSE OF REPRESENTATIVES APRIL 8, 2021 Mr. BEYER (for himself, Mr. UPTON, Ms. CHU, Mr. BUCHANAN, Ms. JACK- SON LEE, Mr. JOYCE of Ohio, Ms. MENG, Mr. TAYLOR, Mr. KRISHNAMOORTHI, Mr. BOST, Mr. DEUTCH, Mr. FITZPATRICK, Mr. JOHNSON of Georgia, Mr. STIVERS, Mr. KIM of New Jersey, Mr. MEIJER, Mr. CICILLINE, Mr. ZELDIN, Mr. LIEU, Mr. VAN DREW, Ms. LOFGREN, Mr. KATKO, Ms. WASSERMAN SCHULTZ, and Mr. DIAZ-BALART) intro- duced the following bill; which was referred to the Committee on the Ju- diciary A BILL To provide incentives for hate crime reporting, provide grants for State-run hate crime hotlines, and establish addi- tional penalties for individuals convicted under the Mat- thew Shephard and James Byrd, Jr. Hate Crimes Pre- vention Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2383 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Khalid Jabara and 2 Heather Heyer National Opposition to Hate, Assault, and 3 Threats to Equality Act of 2021’’ or the ‘‘Jabara-Heyer 4 NO HATE Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) The incidence of violence known as hate 8 crimes or crimes motivated by bias poses a serious 9 national problem. 10 (2) According to data obtained by the Federal 11 Bureau of Investigation, the incidence of such vio- 12 lence increased in 2019, the most recent year for 13 which data is available. 14 (3) In 1990, Congress enacted the Hate Crime 15 Statistics Act (Public Law 101–275; 28 U.S.C. 534 16 note) to provide the Federal Government, law en- 17 forcement agencies, and the public with data regard- 18 ing the incidence of hate crime. The Hate Crimes 19 Statistics Act and the Matthew Shepard and James 20 Byrd, Jr. Hate Crimes Prevention Act (division E of 21 Public Law 111–84; 123 Stat. 2835) have enabled 22 Federal authorities to understand and, where appro- 23 priate, investigate and prosecute hate crimes. 24 (4) A more complete understanding of the na- 25 tional problem posed by hate crime is in the public 26 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2383 IH interest and supports the Federal interest in eradi- 1 cating bias-motivated violence referenced in section 2 249(b)(1)(C) of title 18, United States Code. 3 (5) However, a complete understanding of the 4 national problem posed by hate crimes is hindered 5 by incomplete data from Federal, State, and local 6 jurisdictions through the Uniform Crime Reports 7 program authorized under section 534 of title 28, 8 United States Code, and administered by the Fed- 9 eral Bureau of Investigation. 10 (6) Multiple factors contribute to the provision 11 of inaccurate and incomplete data regarding the in- 12 cidence of hate crime through the Uniform Crime 13 Reports program. A significant contributing factor is 14 the quality and quantity of training that State and 15 local law enforcement agencies receive on the identi- 16 fication and reporting of suspected bias-motivated 17 crimes. 18 (7) The problem of crimes motivated by bias is 19 sufficiently serious, widespread, and interstate in na- 20 ture as to warrant Federal financial assistance to 21 States and local jurisdictions. 22 (8) Federal financial assistance with regard to 23 certain violent crimes motivated by bias enables Fed- 24 eral, State, and local authorities to work together as 25 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2383 IH partners in the investigation and prosecution of such 1 crimes. 2 SEC. 3. DEFINITIONS. 3 In this Act: 4 (1) HATE CRIME.—The term ‘‘hate crime’’ 5 means an act described in section 245, 247, or 249 6 of title 18, United States Code, or in section 901 of 7 the Civil Rights Act of 1968 (42 U.S.C. 3631). 8 (2) PRIORITY AGENCY.—The term ‘‘priority 9 agency’’ means— 10 (A) a law enforcement agency of a unit of 11 local government that serves a population of not 12 less than 100,000, as computed by the Federal 13 Bureau of Investigation; or 14 (B) a law enforcement agency of a unit of 15 local government that— 16 (i) serves a population of not less than 17 50,000 and less than 100,000, as com- 18 puted by the Federal Bureau of Investiga- 19 tion; and 20 (ii) has reported no hate crimes 21 through the Uniform Crime Reports pro- 22 gram in each of the 3 most recent calendar 23 years for which such data is available. 24 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2383 IH (3) STATE.—The term ‘‘State’’ has the mean- 1 ing given the term in section 901 of title I of the 2 Omnibus Crime Control and Safe Streets Act of 3 1968 (34 U.S.C. 10251). 4 (4) UNIFORM CRIME REPORTS.—The term 5 ‘‘Uniform Crime Reports’’ means the reports author- 6 ized under section 534 of title 28, United States 7 Code, and administered by the Federal Bureau of 8 Investigation that compile nationwide criminal sta- 9 tistics for use— 10 (A) in law enforcement administration, op- 11 eration, and management; and 12 (B) to assess the nature and type of crime 13 in the United States. 14 (5) UNIT OF LOCAL GOVERNMENT.—The term 15 ‘‘unit of local government’’ has the meaning given 16 the term in section 901 of title I of the Omnibus 17 Crime Control and Safe Streets Act of 1968 (34 18 U.S.C. 10251). 19 SEC. 4. REPORTING OF HATE CRIMES. 20 (a) IMPLEMENTATION GRANTS.— 21 (1) IN GENERAL.—The Attorney General may 22 make grants to States and units of local government 23 to assist the State or unit of local government in im- 24 plementing the National Incident-Based Reporting 25 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2383 IH System, including to train employees in identifying 1 and classifying hate crimes in the National Incident- 2 Based Reporting System. 3 (2) PRIORITY.—In making grants under para- 4 graph (1), the Attorney General shall give priority to 5 States and units of local government with larger 6 populations. 7 (b) REPORTING.— 8 (1) COMPLIANCE.— 9 (A) IN GENERAL.—Except as provided in 10 subparagraph (B), in each fiscal year beginning 11 after the date that is 3 years after the date on 12 which a State or unit of local government first 13 receives a grant under subsection (a), the State 14 or unit of local government shall provide to the 15 Attorney General, through the Uniform Crime 16 Reporting system, information pertaining to 17 hate crimes committed in that jurisdiction dur- 18 ing the preceding fiscal year. 19 (B) EXTENSIONS; WAIVER.—The Attorney 20 General— 21 (i) may provide a 120-day extension 22 to a State or unit of local government that 23 is making good faith efforts to comply with 24 subparagraph (A); and 25 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2383 IH (ii) shall waive the requirements of 1 subparagraph (A) if compliance with that 2 subparagraph by a State or unit of local 3 government would be unconstitutional 4 under the constitution of the State or of 5 the State in which the unit of local govern- 6 ment is located, respectively. 7 (2) FAILURE TO COMPLY.—If a State or unit of 8 local government that receives a grant under sub- 9 section (a) fails to substantially comply with para- 10 graph (1) of this subsection, the State or unit of 11 local government shall repay the grant in full, plus 12 reasonable interest and penalty charges allowable by 13 law or established by the Attorney General. 14 SEC. 5. GRANTS FOR STATE-RUN HATE CRIME HOTLINES. 15 (a) GRANTS AUTHORIZED.— 16 (1) IN GENERAL.—The Attorney General shall 17 make grants to States to create State-run hate 18 crime reporting hotlines. 19 (2) GRANT PERIOD.—A grant made under 20 paragraph (1) shall be for a period of not more than 21 5 years. 22 (b) HOTLINE REQUIREMENTS.—A State shall ensure, 23 with respect to a hotline funded by a grant under sub- 24 section (a), that— 25 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2383 IH (1) the hotline directs individuals to— 1 (A) law enforcement if appropriate; and 2 (B) local support services; 3 (2) any personally identifiable information that 4 an individual provides to an agency of the State 5 through the hotline is not directly or indirectly dis- 6 closed, without the consent of the individual, to— 7 (A) any other agency of that State; 8 (B) any other State; 9 (C) the Federal Government; or 10 (D) any other person or entity; 11 (3) the staff members who operate the hotline 12 are trained to be knowledgeable about— 13 (A) applicable Federal, State, and local 14 hate crime laws; and 15 (B) local law enforcement resources and 16 applicable local support services; and 17 (4) the hotline is accessible to— 18 (A) individuals with limited English pro- 19 ficiency, where appropriate; and 20 (B) individuals with disabilities. 21 (c) BEST PRACTICES.—The Attorney General shall 22 issue guidance to States on best practices for imple- 23 menting the requirements of subsection (b). 24 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2383 IH SEC. 6. INFORMATION COLLECTION BY STATES AND UNITS 1 OF LOCAL GOVERNMENT. 2 (a) DEFINITIONS.—In this section: 3 (1) APPLICABLE AGENCY.—The term ‘‘applica- 4 ble agency’’, with respect to an eligible entity that 5 is— 6 (A) a State, means— 7 (i) a law enforcement agency of the 8 State; and 9 (ii) a law enforcement agency of a 10 unit of local government within the State 11 that— 12 (I) is a priority agency; and 13 (II) receives a subgrant from the 14 State under this section; and 15 (B) a unit of local government, means a 16 law enforcement agency of the unit of local gov- 17 ernment that is a priority agency. 18 (2) COVERED AGENCY.—The term ‘‘covered 19 agency’’ means— 20 (A) a State law enforcement agency; and 21 (B) a priority agency. 22 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 23 ty’’ means— 24 (A) a State; or 25 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2383 IH (B) a unit of local government that has a 1 priority agency. 2 (b) GRANTS.— 3 (1) IN GENERAL.—The Attorney General may 4 make grants to eligible entities to assist covered 5 agencies within the jurisdiction of the eligible entity 6 in conducting law enforcement activities or crime re- 7 duction programs to prevent, address, or otherwise 8 respond to hate crime, particularly as those activities 9 or programs relate to reporting hate crimes through 10 the Uniform Crime Reports program, including— 11 (A) adopting a policy on identifying, inves- 12 tigating, and reporting hate crimes; 13 (B) developing a standardized system of 14 collecting, analyzing, and reporting the inci- 15 dence of hate crime; 16 (C) establishing a unit specialized in iden- 17 tifying, investigating, and reporting hate 18 crimes; 19 (D) engaging in community relations func- 20 tions related to hate crime prevention and edu- 21 cation such as— 22 (i) establishing a liaison with formal 23 community-based organizations or leaders; 24 and 25 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2383 IH (ii) conducting public meetings or 1 educational forums on the impact of hate 2 crimes, services available to hate crime vic- 3 tims, and the relevant Federal, State, and 4 local laws pertaining to hate crimes; and 5 (E) providing hate crime trainings for 6 agency personnel. 7 (2) SUBGRANTS.—A State that receives a grant 8 under paragraph (1) may award a subgrant to a pri- 9 ority agency of a unit of local government within the 10 State for the purposes under that paragraph. 11 (c) INFORMATION REQUIRED OF STATES AND UNITS 12 OF LOCAL GOVERNMENT.— 13 (1) IN GENERAL.—For each fiscal year in 14 which an eligible entity receives a grant under sub- 15 section (b), the eligible entity shall— 16 (A) collect information from each applica- 17 ble agency summarizing the law enforcement 18 activities or crime reduction programs con- 19 ducted by the agency to prevent, address, or 20 otherwise respond to hate crime, particularly as 21 those activities or programs relate to reporting 22 hate crimes through the Uniform Crime Re- 23 ports program; and 24 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2383 IH (B) submit to the Attorney General a re- 1 port containing the information collected under 2 subparagraph (A). 3 (2) SEMIANNUAL LAW ENFORCEMENT AGENCY 4 REPORT.— 5 (A) IN GENERAL.—In collecting the infor- 6 mation required under paragraph (1)(A), an eli- 7 gible entity shall require each applicable agency 8 to submit a semiannual report to the eligible 9 entity that includes a summary of the law en- 10 forcement activities or crime reduction pro- 11 grams conducted by the agency during the re- 12 porting period to prevent, address, or otherwise 13 respond to hate crime, particularly as those ac- 14 tivities or programs relate to reporting hate 15 crimes through the Uniform Crime Reports pro- 16 gram. 17 (B) CONTENTS.—In a report submitted 18 under subparagraph (A), a law enforcement 19 agency shall, at a minimum, disclose— 20 (i) whether the agency has adopted a 21 policy on identifying, investigating, and re- 22 porting hate crimes; 23 (ii) whether the agency has developed 24 a standardized system of collecting, ana- 25 VerDate Sep 11 2014 21:33 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2383.IH H2383 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 2383 IH lyzing, and reporting the incidence of hate 1 crime; 2 (iii) whether the agency has estab [Text truncated for display. 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