Hate Crime Victim Assistance Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2541 To amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish grants to reduce the incidence of hate crimes, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 14, 2021 Ms. VELA´ZQUEZ (for herself, Mrs. CAROLYN B. MALONEY of New York, Ms. NORTON, Mr. ESPAILLAT, Ms. CLARKE of New York, Mr. EVANS, Ms. WILLIAMS of Georgia, Mr. CARSON, and Ms. WILSON of Florida) intro- duced the following bill; which was referred to the Committee on the Ju- diciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish grants to reduce the incidence of hate crimes, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hate Crime Victim 4 Assistance Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2541 IH (1) Hate crimes have been on the rise over the 1 previous years across the United States. In 2015, 2 according to the Federal Bureau of Investigation 3 (FBI), 56.9 percent of single-bias incidents were 4 motivated by either race, ethnicity or ancestry bias. 5 (2) The same report mentions that 21.4 percent 6 were prompted by religious bias; 18.1 percent sexual 7 orientation bias; 2.0 percent gender-identity bias; 8 and 1.3 percent disability bias. 9 (3) Out of the 56.9 percent of the single-bias 10 incidents that were motivated by race reported to 11 the FBI in 2015, 9.4 percent of these were classified 12 as anti-Hispanic or Latino, and 3.3 percent of these 13 single bias incidents had an anti-Asian bias. 14 (4) Previous data from the FBI suggest that 15 hate crimes against African Americans have seen a 16 dramatic increase over the years. Such trends can be 17 traced back to 2003, when hate crimes against Afri- 18 can Americans were twice as much as all other race 19 groups combined. 20 (5) A 2015 study conducted by the Los Angeles 21 County Commission on Human Relations notes that 22 half of the hate crimes in Los Angeles County were 23 racially motivated—58 percent of those attacks tar- 24 geted the County’s African-American population, al- 25 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2541 IH though they only constituted 4 percent of the coun- 1 ty’s population. 2 (6) Previous research suggests that Black males 3 are also more vulnerable to violent victimization. 4 Furthermore, data suggest that communities of color 5 continue to be victims of hate crime violence. 6 (7) The Los Angeles County Commission on 7 Human Relations report found that the number of 8 hate crimes targeting Asian and Pacific islanders 9 tripled from six to eighteen since 2014. The same 10 report notes that Anti-Latino hate crimes also rose 11 from 36 in 2014 to 61 in 2015. 12 (8) A study conducted by the Human Rights 13 Campaign notes that out of the number of hate 14 crimes committed against the transgender commu- 15 nity from 2013–2015, at least 87 percent of victims 16 were transgender people of color. 17 (9) Only 16, or 30 percent, were killed in 18 States that have hate crime laws that account for 19 crimes motivated by the victim’s gender identity; but 20 despite these provisions and a Federal hate crime 21 law, not a single one of these murders was pros- 22 ecuted or reported to the FBI as a hate crime. 23 (10) The United States is currently facing a 24 surge in religious bias. According to the Southern 25 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2541 IH Poverty Law Center, there are currently 917 hate 1 groups operating across the country. 2 (11) A CNN report found that in the first 3 months of 2017 the country experienced a substan- 4 tial increase in Anti-Semitic incidents. In compari- 5 son to the same period in 2016, Anti-Semitic inci- 6 dents were 86 percent higher. 7 (12) Historically hate crimes have gone under 8 reported. On average there are 250,000 hate crime 9 victims each year, of which only one-third are re- 10 ported to the police. 11 (13) It is Congress’ responsibility to provide for 12 sustainable and feasible solutions to reduce, prevent 13 and mitigate underlying factors responsible for bias 14 incidents. 15 SEC. 3. LOCAL HATE CRIME HOTLINES AND HATE CRIME 16 INFORMATION AND ASSISTANCE WEB SITES. 17 Title I of the Omnibus Crime Control and Safe 18 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 19 by adding at the end the following: 20 ‘‘PART MM—HATE CRIME HOTLINES AND 21 WEBSITES 22 ‘‘SEC. 3031. HATE CRIME HOTLINES AND WEBSITES. 23 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen- 24 eral shall make grants to States, units of local govern- 25 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2541 IH ment, or any combination thereof, in partnership with 1 stakeholders, service providers, and nonprofit organiza- 2 tions. 3 ‘‘(b) MANDATORY GRANT USES.—Grant funds shall 4 be expended for each of the following purposes: 5 ‘‘(1) HATE CRIME INFORMATION AND ASSIST- 6 ANCE WEBSITE.—To provide for the establishment 7 and operation of a hate crime information and as- 8 sistance website, which shall be a highly secure 9 Internet website that provides information and as- 10 sistance to victims of hate crimes. In establishing 11 and operating the hate crime information and assist- 12 ance website, the grantee shall— 13 ‘‘(A) use grant funds for startup and oper- 14 ational costs associated with establishing and 15 operating the website; 16 ‘‘(B) provide accurate information that de- 17 scribes the services available to victims of hate 18 crimes, including health care and mental health 19 services, social services, transportation, and 20 other relevant services; and 21 ‘‘(C) make the website available to the op- 22 erator of the hate crime hotline established or 23 expanded pursuant to paragraph (2). 24 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2541 IH ‘‘(2) HATE CRIME HOTLINES.—To establish or 1 expand a hate crime hotline to provide information 2 and assistance to victims of hate crimes. In addition, 3 grantees may, in operating the hotline, work in con- 4 junction with other local programs and activities 5 that serve targeted areas and that provide legal, 6 health (including physical and mental health), and 7 other support services to victims of hate crimes. In 8 establishing and operating the hotline, the entity 9 shall— 10 ‘‘(A) contract with a carrier for the use of 11 a toll-free telephone line; 12 ‘‘(B) employ, train (including technology 13 training), and supervise personnel to answer in- 14 coming calls and provide counseling and refer- 15 ral services to callers on a 24-hour-a-day basis; 16 ‘‘(C) assemble and maintain a current 17 database of information relating to services for 18 victims of hate crimes to which callers through- 19 out the United States may be referred; and 20 ‘‘(D) be prohibited from asking hotline 21 callers about their citizenship status. 22 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec- 23 tion shall be construed to require any shelter or service 24 provider, whether public or private, to be linked to the 25 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2541 IH hate crime information and assistance website or to pro- 1 vide information to the recipient of the grant described 2 in paragraph (1) or to the website. 3 ‘‘(d) APPLICATION.—The Attorney General may ap- 4 prove an application for a grant under this section only 5 if such application— 6 ‘‘(1) contains such agreements, assurances, and 7 information, be in such form, and be submitted in 8 such manner, as the Attorney General shall by rule 9 require; 10 ‘‘(2) in the case of an application for a grant 11 to carry out activities described in subsection (b)(2), 12 includes a complete description of the applicant’s 13 plan for the operation of a hate crime hotline, in- 14 cluding descriptions of— 15 ‘‘(A) the training program for hotline per- 16 sonnel, including technology training to ensure 17 that all persons affiliated with the hotline are 18 able to effectively operate any technological sys- 19 tems used by the hotline; 20 ‘‘(B) the hiring criteria for hotline per- 21 sonnel; 22 ‘‘(C) the methods for the creation, mainte- 23 nance, and updating of a resource database; 24 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2541 IH ‘‘(D) a plan for publicizing the availability 1 of the hotline; 2 ‘‘(E) a plan for providing service to non- 3 English speaking callers that— 4 ‘‘(i) is based on data from the Bureau 5 of the Census and be consistent with the 6 local area demographics where the hate 7 crime hotline will operate—such plan will 8 outline which languages are most prevalent 9 and commonly requested for translation 10 services; or 11 ‘‘(ii) is based on qualitative and quan- 12 titative observation from community serv- 13 ice providers including those that provide 14 health and mental health services, social 15 services, transportation, and other relevant 16 services; and 17 ‘‘(F) a plan for facilitating access to the 18 hotline by persons with hearing impairments; 19 and 20 ‘‘(3) in the case of an application for a grant 21 to carry out activities described in subsection 22 (b)(1)— 23 ‘‘(A) include a complete description of the 24 applicant’s plan for the development, operation, 25 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2541 IH maintenance, and updating of information and 1 resources of the hate crime information and as- 2 sistance website; 3 ‘‘(B) include a certification that the appli- 4 cant will implement a high-level security system 5 to ensure the confidentiality of the website, tak- 6 ing into consideration the safety of hate crime 7 victims; 8 ‘‘(C) include an assurance that, after the 9 third year of the website project, the recipient 10 of the grant will develop a plan to secure other 11 public or private funding resources to ensure 12 the continued operation and maintenance of the 13 website; 14 ‘‘(D) demonstrate that the applicant has 15 recognized expertise in the area of hate crimes 16 and a record of high quality service to victims 17 of hate crimes, including a demonstration of 18 support from advocacy groups; and 19 ‘‘(E) demonstrate that the applicant has a 20 commitment to diversity, and to the provision of 21 services to the ethnic, racial, religious, and non- 22 English speaking minorities, in addition to 23 older individuals, individuals with disabilities, 24 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2541 IH and individuals of various gender, gender iden- 1 tity, and sexual orientation. 2 ‘‘(e) RENEWAL OF GRANTS.—A grant made under 3 this part may be renewed, without limitations on the dura- 4 tion of such renewal, to provide additional funds, if the 5 Attorney General determines that the funds made avail- 6 able to the recipient were used in a manner required under 7 an approved application and if the recipient can dem- 8 onstrate significant progress in achieving the objectives of 9 the initial application. 10 ‘‘(f) NO-COST EXTENSIONS.—Notwithstanding sub- 11 section (e), the Attorney General may extend a grant pe- 12 riod, without limitations as to the duration of such exten- 13 sion, to provide additional time to complete the objectives 14 of the initial grant award. 15 ‘‘(g) DEFINITIONS.—For the purposes of this part: 16 ‘‘(1) The term ‘hate crime’ means a crime in 17 which the defendant intentionally selects a victim, or 18 in the case of a property crime, the property that is 19 the object of the crime, because of the actual or per- 20 ceived race, color, religion, national origin, ethnicity, 21 gender, gender identity, disability, or sexual orienta- 22 tion of any person. 23 ‘‘(2) The term ‘targeted area’ means an area 24 with a demonstrated lack of resources, as deter- 25 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2541 IH mined by the Attorney General, for victims of hate 1 crimes. 2 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 3 ‘‘(1) IN GENERAL.—There is authorized to be 4 appropriated to carry out this section $20,000,000 5 for fiscal year 2022 and each succeeding fiscal year. 6 ‘‘(2) WEBSITE.—Of the amounts appropriated, 7 not less than 10 percent shall be used for purposes 8 of carrying out activities under subsection (b)(1). 9 ‘‘(3) AVAILABILITY.—Funds authorized to be 10 appropriated under this section may remain avail- 11 able until expended. 12 ‘‘SEC. 3032. REPORT. 13 ‘‘A State or unit of local government that receives 14 funds under this part during a fiscal year shall submit 15 to the Attorney General a description and an evaluation 16 report on a date specified by the Attorney General regard- 17 ing the effectiveness of the programs carried out with a 18 grant under this part.’’. 19 SEC. 4. LOCAL LAW ENFORCEMENT HATE CRIME EDU- 20 CATION AND TRAINING GRANT PROGRAM. 21 Title I of such Act, as amended, is further amended 22 by inserting after part MM the following: 23 VerDate Sep 11 2014 21:54 May 28, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2541.IH H2541 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2541 IH ‘‘PART NN—HATE CRIME EDUCATION AND 1 TRAINING GRANT PROGRAM 2 ‘‘SEC. 3041. HATE CRIME EDUCATION AND TRAINING GRANT 3 PROGRAM. 4 ‘‘(a) GRANT AUTHORIZATION.— 5 ‘‘(1) IN GENERAL.—The Attorney General shall 6 establish a program to make grants to States and 7 units of local government for any purpose described 8 in paragraph (2). 9 ‘‘(2) PURPOSE.—The purpose of the grant pro- 10 gram under this subsection is to enable a law en- 11 forcement agency of a State or unit of local govern- 12 ment to establish and carry out education and train- 13 ing programs on solving a [Text truncated for display. Full text available on Congress.gov.]