CAMPUS HATE Crimes Act

I 116TH CONGRESS 1ST SESSION H. R. 761 To amend the Higher Education Act of 1965 to strengthen prevention and response measures for hate crimes on college campuses by establishing robust accountability measures, providing needs-based grants, and amending the Clery Act. IN THE HOUSE OF REPRESENTATIVES JANUARY 24, 2019 Mr. BROWN of Maryland (for himself, Mr. BLUMENAUER, Ms. CLARKE of New York, Mr. COHEN, Mrs. DEMINGS, Mrs. DINGELL, Ms. NORTON, Ms. WASSERMAN SCHULTZ, and Ms. WILSON of Florida) introduced the fol- lowing bill; which was referred to the Committee on Education and Labor A BILL To amend the Higher Education Act of 1965 to strengthen prevention and response measures for hate crimes on college campuses by establishing robust accountability measures, providing needs-based grants, and amending the Clery Act. 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 ‘‘Creating Account- 4 ability Measures Protecting University Students Histori- 5 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 2 •HR 761 IH cally Abused, Threatened, and Exposed to Crimes Act’’ 1 or the ‘‘CAMPUS HATE Crimes Act’’. 2 SEC. 2. FINDINGS. 3 Congress finds the following: 4 (1) The incidence of violence motivated by the 5 actual or perceived race, color, religion, national ori- 6 gin, gender, sexual orientation, gender identity, or 7 disability of the victim, known as hate crimes or 8 crimes motivated by bias, poses a serious national 9 problem. 10 (2) Such violence motivated by hatred and big- 11 otry endangers our citizens and disrupts the commu- 12 nities they live in, by tearing at the fabric of our 13 Nation and our constitutional aspiration to create a 14 stronger, more perfect union. 15 (3) According to data obtained by the Southern 16 Poverty Law Center, schools were a particularly 17 common location for hate crimes to occur—including 18 150 incidents on college campuses in 33 States since 19 November. 20 (4) This level of violence demonstrates an un- 21 precedented escalation in race and hate-based crime 22 being committed on college campuses compared to 23 recent years. 24 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 3 •HR 761 IH (5) Hate groups have openly declared their ef- 1 forts to establish a physical presence on college cam- 2 puses and have specifically targeted young individ- 3 uals and students for their messaging. Such efforts 4 include placing fliers around campus, online orga- 5 nizing, and bringing national leaders to speak. 6 (6) College campuses have become the ideal lo- 7 cation for hate group activity because they tradition- 8 ally embrace diversity, tolerance, and social justice 9 and strive for equality and have created safe spaces 10 for students of every gender and identity. 11 (7) These are soft targets for such groups, be- 12 cause students are more curious and receptive to 13 new, even radical, ideas than older individuals. 14 (8) The Higher Education Act of 1965 and the 15 Jeanne Clery Disclosure of Campus Security Policy 16 and Campus Crime Statistics Act have enabled Fed- 17 eral authorities to understand, report, and where ap- 18 propriate, investigate and prosecute hate crimes 19 committed within the jurisdiction of an institution of 20 higher education. 21 (9) However, an enduring effort cannot be 22 made to address the national problem posed by hate 23 crimes if many of our institutions of higher edu- 24 cation fail to properly evaluate, prepare, and imple- 25 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 4 •HR 761 IH ment an effective strategy to prevent and respond to 1 such crimes. 2 (10) The annual dissemination of relevant in- 3 formation to students and faculty regarding the in- 4 stitution’s campus safety apparatus will provide for 5 a more transparent and informed campus commu- 6 nity on the infrastructure and process in place, and 7 the assistance services available. 8 (11) Federal financial assistance with regard to 9 providing training, technical assistance, evaluation, 10 and other associated services will allow school secu- 11 rity and administration to understand the unique 12 needs for the campus and the assistance to imple- 13 ment the proper safety plan to address those needs. 14 (12) Amending the Program Participation 15 Agreement between an institution of higher edu- 16 cation and the Department of Education to include 17 hate crime programs provides substantial assurance 18 that campus climate and safety will become an in- 19 creasing priority and focal point to the higher edu- 20 cation community. 21 (13) Modifying the Jeanne Clery Disclosure of 22 Campus Security Policy and Campus Crime Statis- 23 tics Act will enable campus security and local law 24 enforcement to more efficiently collaborate in detail- 25 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 5 •HR 761 IH ing and recording information on crimes, including 1 violence motivated by the actual or perceived race, 2 color, religion, national origin, gender, sexual ori- 3 entation, gender identity, or disability of the victim. 4 (14) The problem of crimes motivated by bias 5 is sufficiently serious, widespread, and interstate in 6 nature as to warrant Federal financial assistance to 7 States and local jurisdictions. 8 SEC. 3. HATE CRIME PREVENTION AND RESPONSE. 9 Part B of title I of the Higher Education Act of 1965 10 is amended by adding at the end the following: 11 ‘‘SEC. 124. HATE CRIME PREVENTION AND RESPONSE. 12 ‘‘(a) RESTRICTION ON ELIGIBILITY.—Notwithstand- 13 ing any other provision of law, no institution of higher 14 education shall be eligible to receive funds or any other 15 form of financial assistance under any program under title 16 IV, unless the institution certifies to the Secretary that 17 the institution has adopted and has implemented a pro- 18 gram to prevent and adequately respond to hate crimes 19 within the jurisdiction of the institution or by students 20 and employees that, at a minimum, includes— 21 ‘‘(1) the annual distribution to each student 22 and employee of— 23 ‘‘(A) standards of conduct and the applica- 24 ble sanctions that clearly prohibit, at a min- 25 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 6 •HR 761 IH imum, the acts or threats of violence, property 1 damage, harassment, intimidation, or other 2 crimes that specifically target an individual 3 based on their race, religion, ethnicity, handi- 4 cap, sexual orientation, gender, or gender iden- 5 tification by students and employees on the in- 6 stitution’s property or as a part of any of the 7 institution’s activities; 8 ‘‘(B) a clear definition of what constitutes 9 a hate crime or hate incident under Federal 10 and State law or other applicable authority; 11 ‘‘(C) a description of the applicable legal 12 sanctions under local, State, or Federal law for 13 perpetrating a hate crime; 14 ‘‘(D) a description of any counseling, med- 15 ical treatment, or rehabilitation programs that 16 are available to students or employees that are 17 victims of hate crimes or other hate-based 18 incidences; 19 ‘‘(E) a description of applicable services 20 for students to be able to switch dorms, classes, 21 or make other arrangements should they feel 22 unsafe in those spaces due to a hate crime 23 which affects such space; and 24 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 7 •HR 761 IH ‘‘(F) a distinct statement that the institu- 1 tion will impose sanctions on students and em- 2 ployees (consistent with local, State, and Fed- 3 eral law), and a description of those sanctions, 4 up to and including expulsion or termination of 5 employment and referral for prosecution, for 6 violations of the standards of conduct required 7 by subparagraph (A); and 8 ‘‘(2) a quadrennial review by the institution of 9 the institution’s program to— 10 ‘‘(A) determine the program’s effectiveness 11 and implement changes to the program if the 12 changes are needed; 13 ‘‘(B) determine the number of hate crimes 14 and fatalities that— 15 ‘‘(i) occur on the institution’s campus 16 (as defined in section 485(f)(6)), or as 17 part of any of the institution’s activities; 18 and 19 ‘‘(ii) are reported to campus officials 20 or nonaffiliated local law enforcement 21 agencies with jurisdiction over the incident; 22 ‘‘(C) determine the number, type, and se- 23 verity of sanctions described in paragraph 24 (1)(F) that are imposed by the institution as a 25 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 8 •HR 761 IH result of hate crimes and fatalities on the insti- 1 tution’s campus or as part of any of the institu- 2 tion’s activities; and 3 ‘‘(D) ensure that sanctions required by 4 paragraph (1)(F) are consistently enforced. 5 ‘‘(b) INFORMATION AVAILABILITY.—Each institution 6 of higher education that provides the certification required 7 by subsection (a) shall, upon request, make available to 8 the Secretary and to the public a copy of each item re- 9 quired by subsection (a)(1) as well as the results of the 10 biennial review required by subsection (a)(2). 11 ‘‘(1) REGULATIONS.— 12 ‘‘(A) IN GENERAL.—The Secretary shall 13 publish regulations to implement and enforce 14 the provisions of this section, including regula- 15 tions that provide for— 16 ‘‘(i) the periodic review of a represent- 17 ative sample of programs required by sub- 18 section (a); and 19 ‘‘(ii) a range of responses and sanc- 20 tions for institutions of higher education 21 that fail to implement their programs or to 22 consistently enforce their sanctions, includ- 23 ing information and technical assistance, 24 the development of a compliance agree- 25 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 9 •HR 761 IH ment, and the termination of any form of 1 Federal financial assistance. 2 ‘‘(B) INCLUSIVITY PROGRAM.—The sanc- 3 tions required by subsection (a)(1)(F) that are 4 imposed by the institution of higher education, 5 may include an inclusivity program as an ex- 6 plicit condition of remaining enrolled at the in- 7 stitution of higher education, that the defend- 8 ant successfully undertake educational classes 9 or community service directly related to the 10 community harmed by the respondent’s offense. 11 ‘‘(2) APPEALS.—Upon determination by the 12 Secretary to terminate financial assistance to any in- 13 stitution of higher education under this section, the 14 institution may file an appeal with an administrative 15 law judge before the expiration of the 30-day period 16 beginning on the date such institution is notified of 17 the decision to terminate financial assistance under 18 this section. Such judge shall hold a hearing with re- 19 spect to such termination of assistance before the 20 expiration of the 45-day period beginning on the 21 date that such appeal is filed. Such judge may ex- 22 tend such 45-day period upon a motion by the insti- 23 tution concerned. The decision of the judge with re- 24 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 10 •HR 761 IH spect to such termination shall be considered to be 1 a final agency action. 2 ‘‘(3) HATE CRIME PREVENTION AND RESPONSE 3 GRANTS.— 4 ‘‘(A) PROGRAM AUTHORITY.—The Sec- 5 retary may make grants to institutions of high- 6 er education or consortia of such institutions, 7 and enter into contracts with such institutions, 8 consortia, and other organizations, to develop, 9 implement, operate, improve, and disseminate 10 programs of prevention, and education to re- 11 duce and eliminate hate crimes. Such grants or 12 contracts may also be used for the support of 13 a higher education center for hate crime pre- 14 vention and response that will provide training, 15 technical assistance, evaluation, dissemination, 16 and associated services and assistance to the 17 higher education community as determined by 18 the Secretary and institutions of higher edu- 19 cation. 20 ‘‘(B) AWARDS.—Grants and contracts 21 shall be awarded under subparagraph (A) on a 22 by needs basis. 23 ‘‘(C) APPLICATIONS.—An institution of 24 higher education or a consortium of such insti- 25 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 11 •HR 761 IH tutions that desires to receive a grant or con- 1 tract under paragraph (A) shall submit an ap- 2 plication to the Secretary at such time, in such 3 manner, and containing or accompanied by 4 such information as the Secretary may reason- 5 ably require by regulation. 6 ‘‘(D) ADDITIONAL REQUIREMENTS.— 7 ‘‘(i) PARTICIPATION.—In awarding 8 grants and contracts under this subsection 9 the Secretary shall make every effort to 10 ensure— 11 ‘‘(I) the equitable participation of 12 private and public institutions of high- 13 er education (including community 14 and junior colleges); and 15 ‘‘(II) the equitable geographic 16 participation of such institutions. 17 ‘‘(ii) CONSIDERATION.—In awarding 18 grants and contracts under this subsection 19 the Secretary shall give appropriate consid- 20 eration to institutions of higher education 21 with limited enrollment. 22 ‘‘(E) AUTHORIZATION OF APPROPRIA- 23 TIONS.—There are authorized to be appro- 24 priated to carry out this subsection such sums 25 VerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761 kjohnson on DSK79L0C42 with BILLS 12 •HR 761 IH as may be necessary for fiscal year 2020 and 1 each of the 5 succeeding fiscal years. 2 ‘‘(4) DEFINITION.—The term ‘hate crime’ 3 means any criminal offense perpetrated against a 4 person or property that was motivated in whole or 5 in part by an offender’s bias against a race, religion, 6 disability, sexual orientation, ethnicity, gender, or 7 gender identity.’’. 8 SEC. 4. CLERY ACT AMENDMENTS. 9 Section 485(f) of the Higher Education Act of 1965 10 (20 U.S.C. 1092(f)) is amended— 11 ( [Text truncated for display. Full text available on Congress.gov.]