Hate Crime Victim Assistance Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 223 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 JANUARY 3, 2019 Ms. VELA´ZQUEZ (for herself, Ms. CLARKE of New York, Ms. NORTON, Ms. SCHAKOWSKY, and Mr. TAKANO) introduced the following bill; which was referred to the Committee on the Judiciary 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 2019’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) Hate crimes have been on the rise over the 8 previous years across the United States. In 2015, 9 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 223 IH according to the Federal Bureau of Investigation 1 (FBI), 56.9 percent of single-bias incidents were 2 motivated by either race, ethnicity or ancestry bias. 3 (2) The same report mentions that 21.4 percent 4 were prompted by religious bias; 18.1 percent sexual 5 orientation bias; 2.0 percent gender-identity bias; 6 and 1.3 percent disability bias. 7 (3) Out of the 56.9 percent of the single-bias 8 incidents that were motivated by race reported to 9 the FBI in 2015, 9.4 percent of these were classified 10 as anti-Hispanic or Latino, and 3.3 percent of these 11 single bias incidents had an anti-Asian bias. 12 (4) Previous data from the FBI suggest that 13 hate crimes against African Americans have seen a 14 dramatic increase over the years. Such trends can be 15 traced back to 2003, when hate crimes against Afri- 16 can Americans were twice as much as all other race 17 groups combined. 18 (5) A 2015 study conducted by the Los Angeles 19 County Commission on Human Relations notes that 20 half of the hate crimes in Los Angeles County were 21 racially motivated—58 percent of those attacks tar- 22 geted the County’s African-American population, al- 23 though they only constituted 4 percent of the coun- 24 ty’s population. 25 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 223 IH (6) Previous research suggests that Black males 1 are also more vulnerable to violent victimization. 2 Furthermore, data suggest that communities of color 3 continue to be victims of hate crime violence. 4 (7) The Los Angeles County Commission on 5 Human Relations report found that the number of 6 hate crimes targeting Asian and Pacific islanders 7 tripled from six to eighteen since 2014. The same 8 report notes that Anti-Latino hate crimes also rose 9 from 36 in 2014 to 61 in 2015. 10 (8) A study conducted by the Human Rights 11 Campaign notes that out of the number of hate 12 crimes committed against the transgender commu- 13 nity from 2013–2015, at least 87 percent of victims 14 were transgender people of color. 15 (9) Only 16, or 30 percent, were killed in 16 States that have hate crime laws that account for 17 crimes motivated by the victim’s gender identity; but 18 despite these provisions and a Federal hate crime 19 law, not a single one of these murders was pros- 20 ecuted or reported to the FBI as a hate crime. 21 (10) The United States is currently facing a 22 surge in religious bias. According to the Southern 23 Poverty Law Center, there are currently 917 hate 24 groups operating across the country. 25 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 223 IH (11) A CNN report found that in the first 1 months of 2017 the country experienced a substan- 2 tial increase in Anti-Semitic incidents. In compari- 3 son to the same period in 2016, Anti-Semitic inci- 4 dents were 86 percent higher. 5 (12) Historically hate crimes have gone under 6 reported. On average there are 250,000 hate crime 7 victims each year, of which only one-third are re- 8 ported to the police. 9 (13) It is Congress’ responsibility to provide for 10 sustainable and feasible solutions to reduce, prevent 11 and mitigate underlying factors responsible for bias 12 incidents. 13 SEC. 3. LOCAL HATE CRIME HOTLINES AND HATE CRIME 14 INFORMATION AND ASSISTANCE WEB SITES. 15 Title I of the Omnibus Crime Control and Safe 16 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 17 by adding at the end the following: 18 ‘‘PART MM—HATE CRIME HOTLINES AND 19 WEBSITES 20 ‘‘SEC. 3031. HATE CRIME HOTLINES AND WEBSITES. 21 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen- 22 eral shall make grants to States, units of local govern- 23 ment, or any combination thereof, in partnership with 24 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 223 IH stakeholders, service providers, and nonprofit organiza- 1 tions. 2 ‘‘(b) MANDATORY GRANT USES.—Grant funds shall 3 be expended for each of the following purposes: 4 ‘‘(1) HATE CRIME INFORMATION AND ASSIST- 5 ANCE WEBSITE.—To provide for the establishment 6 and operation of a hate crime information and as- 7 sistance website, which shall be a highly secure 8 Internet website that provides information and as- 9 sistance to victims of hate crimes. In establishing 10 and operating the hate crime information and assist- 11 ance website, the grantee shall— 12 ‘‘(A) use grant funds for startup and oper- 13 ational costs associated with establishing and 14 operating the website; 15 ‘‘(B) provide accurate information that de- 16 scribes the services available to victims of hate 17 crimes, including health care and mental health 18 services, social services, transportation, and 19 other relevant services; and 20 ‘‘(C) make the website available to the op- 21 erator of the hate crime hotline established or 22 expanded pursuant to paragraph (2). 23 ‘‘(2) HATE CRIME HOTLINES.—To establish or 24 expand a hate crime hotline to provide information 25 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 223 IH and assistance to victims of hate crimes. In addition, 1 grantees may, in operating the hotline, work in con- 2 junction with other local programs and activities 3 that serve targeted areas and that provide legal, 4 health (including physical and mental health), and 5 other support services to victims of hate crimes. In 6 establishing and operating the hotline, the entity 7 shall— 8 ‘‘(A) contract with a carrier for the use of 9 a toll-free telephone line; 10 ‘‘(B) employ, train (including technology 11 training), and supervise personnel to answer in- 12 coming calls and provide counseling and refer- 13 ral services to callers on a 24-hour-a-day basis; 14 ‘‘(C) assemble and maintain a current 15 database of information relating to services for 16 victims of hate crimes to which callers through- 17 out the United States may be referred; and 18 ‘‘(D) be prohibited from asking hotline 19 callers about their citizenship status. 20 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec- 21 tion shall be construed to require any shelter or service 22 provider, whether public or private, to be linked to the 23 hate crime information and assistance website or to pro- 24 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 223 IH vide information to the recipient of the grant described 1 in paragraph (1) or to the website. 2 ‘‘(d) APPLICATION.—The Attorney General may ap- 3 prove an application for a grant under this section only 4 if such application— 5 ‘‘(1) contains such agreements, assurances, and 6 information, be in such form, and be submitted in 7 such manner, as the Attorney General shall by rule 8 require; 9 ‘‘(2) in the case of an application for a grant 10 to carry out activities described in subsection (b)(2), 11 includes a complete description of the applicant’s 12 plan for the operation of a hate crime hotline, in- 13 cluding descriptions of— 14 ‘‘(A) the training program for hotline per- 15 sonnel, including technology training to ensure 16 that all persons affiliated with the hotline are 17 able to effectively operate any technological sys- 18 tems used by the hotline; 19 ‘‘(B) the hiring criteria for hotline per- 20 sonnel; 21 ‘‘(C) the methods for the creation, mainte- 22 nance, and updating of a resource database; 23 ‘‘(D) a plan for publicizing the availability 24 of the hotline; 25 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 223 IH ‘‘(E) a plan for providing service to non- 1 English speaking callers that— 2 ‘‘(i) is based on data from the Bureau 3 of the Census and be consistent with the 4 local area demographics where the hate 5 crime hotline will operate—such plan will 6 outline which languages are most prevalent 7 and commonly requested for translation 8 services; or 9 ‘‘(ii) is based on qualitative and quan- 10 titative observation from community serv- 11 ice providers including those that provide 12 health and mental health services, social 13 services, transportation, and other relevant 14 services; and 15 ‘‘(F) a plan for facilitating access to the 16 hotline by persons with hearing impairments; 17 and 18 ‘‘(3) in the case of an application for a grant 19 to carry out activities described in subsection 20 (b)(1)— 21 ‘‘(A) include a complete description of the 22 applicant’s plan for the development, operation, 23 maintenance, and updating of information and 24 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 223 IH resources of the hate crime information and as- 1 sistance website; 2 ‘‘(B) include a certification that the appli- 3 cant will implement a high-level security system 4 to ensure the confidentiality of the website, tak- 5 ing into consideration the safety of hate crime 6 victims; 7 ‘‘(C) include an assurance that, after the 8 third year of the website project, the recipient 9 of the grant will develop a plan to secure other 10 public or private funding resources to ensure 11 the continued operation and maintenance of the 12 website; 13 ‘‘(D) demonstrate that the applicant has 14 recognized expertise in the area of hate crimes 15 and a record of high quality service to victims 16 of hate crimes, including a demonstration of 17 support from advocacy groups; and 18 ‘‘(E) demonstrate that the applicant has a 19 commitment to diversity, and to the provision of 20 services to the ethnic, racial, religious, and non- 21 English speaking minorities, in addition to 22 older individuals, individuals with disabilities, 23 and individuals of various gender, gender iden- 24 tity, and sexual orientation. 25 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 223 IH ‘‘(e) RENEWAL OF GRANTS.—A grant made under 1 this part may be renewed, without limitations on the dura- 2 tion of such renewal, to provide additional funds, if the 3 Attorney General determines that the funds made avail- 4 able to the recipient were used in a manner required under 5 an approved application and if the recipient can dem- 6 onstrate significant progress in achieving the objectives of 7 the initial application. 8 ‘‘(f) NO-COST EXTENSIONS.—Notwithstanding sub- 9 section (e), the Attorney General may extend a grant pe- 10 riod, without limitations as to the duration of such exten- 11 sion, to provide additional time to complete the objectives 12 of the initial grant award. 13 ‘‘(g) DEFINITIONS.—For the purposes of this part: 14 ‘‘(1) The term ‘hate crime’ means a crime in 15 which the defendant intentionally selects a victim, or 16 in the case of a property crime, the property that is 17 the object of the crime, because of the actual or per- 18 ceived race, color, religion, national origin, ethnicity, 19 gender, gender identity, disability, or sexual orienta- 20 tion of any person. 21 ‘‘(2) The term ‘targeted area’ means an area 22 with a demonstrated lack of resources, as deter- 23 mined by the Attorney General, for victims of hate 24 crimes. 25 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 223 IH ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 1 ‘‘(1) IN GENERAL.—There is authorized to be 2 appropriated to carry out this section $20,000,000 3 for fiscal year 2020 and each succeeding fiscal year. 4 ‘‘(2) WEBSITE.—Of the amounts appropriated, 5 not less than 10 percent shall be used for purposes 6 of carrying out activities under subsection (b)(1). 7 ‘‘(3) AVAILABILITY.—Funds authorized to be 8 appropriated under this section may remain avail- 9 able until expended. 10 ‘‘SEC. 3032. REPORT. 11 ‘‘A State or unit of local government that receives 12 funds under this part during a fiscal year shall submit 13 to the Attorney General a description and an evaluation 14 report on a date specified by the Attorney General regard- 15 ing the effectiveness of the programs carried out with a 16 grant under this part.’’. 17 SEC. 4. LOCAL LAW ENFORCEMENT HATE CRIME EDU- 18 CATION AND TRAINING GRANT PROGRAM. 19 Title I of such Act, as amended, is further amended 20 by inserting after part MM the following: 21 VerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 223 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 and preventing hate crimes 14 and establishing community dialogue with groups 15 whose members are at-risk of [Text truncated for display. Full text available on Congress.gov.]