NO HATE Act

I 116TH CONGRESS 1ST SESSION H. R. 3545 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 JUNE 27, 2019 Mr. BEYER (for himself and Mr. OLSON) introduced the following bill; which was referred to the Committee on the Judiciary 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Opposition 4 to Hate, Assault, and Threats to Equality Act of 2019’’ 5 or the ‘‘NO HATE Act’’. 6 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 2 •HR 3545 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The incidence of violence known as hate 3 crimes or crimes motivated by bias poses a serious 4 national problem. 5 (2) According to data obtained by the Federal 6 Bureau of Investigation, the incidence of such vio- 7 lence increased in 2017, the most recent year for 8 which data is available. 9 (3) In 1990, Congress enacted the Hate Crime 10 Statistics Act (Public Law 101–275; 28 U.S.C. 534 11 note) to provide the Federal Government, law en- 12 forcement agencies, and the public with data regard- 13 ing the incidence of hate crime. The Hate Crimes 14 Statistics Act and the Matthew Shepard and James 15 Byrd, Jr. Hate Crimes Prevention Act (division E of 16 Public Law 111–84; 123 Stat. 2835) have enabled 17 Federal authorities to understand and, where appro- 18 priate, investigate and prosecute hate crimes. 19 (4) A more complete understanding of the na- 20 tional problem posed by hate crime is in the public 21 interest and supports the Federal interest in eradi- 22 cating bias-motivated violence referenced in section 23 249(b)(1)(C) of title 18, United States Code. 24 (5) However, a complete understanding of the 25 national problem posed by hate crimes is hindered 26 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 3 •HR 3545 IH by incomplete data from Federal, State, and local 1 jurisdictions through the Uniform Crime Reports 2 program authorized under section 534 of title 28, 3 United States Code, and administered by the Fed- 4 eral Bureau of Investigation. 5 (6) Multiple factors contribute to the provision 6 of inaccurate and incomplete data regarding the in- 7 cidence of hate crime through the Uniform Crime 8 Reports program. A significant contributing factor is 9 the quality and quantity of training that State and 10 local law enforcement agencies receive on the identi- 11 fication and reporting of suspected bias-motivated 12 crimes. 13 (7) The problem of crimes motivated by bias is 14 sufficiently serious, widespread, and interstate in na- 15 ture as to warrant Federal financial assistance to 16 States and local jurisdictions. 17 (8) Federal financial assistance with regard to 18 certain violent crimes motivated by bias enables Fed- 19 eral, State, and local authorities to work together as 20 partners in the investigation and prosecution of such 21 crimes. 22 SEC. 3. DEFINITIONS. 23 In this Act: 24 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 4 •HR 3545 IH (1) HATE CRIME.—The term ‘‘hate crime’’ 1 means an act described in section 245, 247, or 249 2 of title 18, United States Code, or in section 901 of 3 the Civil Rights Act of 1968 (42 U.S.C. 3631). 4 (2) PRIORITY AGENCY.—The term ‘‘priority 5 agency’’ means— 6 (A) a law enforcement agency of a unit of 7 local government that serves a population of not 8 less than 100,000, as computed by the Federal 9 Bureau of Investigation; or 10 (B) a law enforcement agency of a unit of 11 local government that— 12 (i) serves a population of not less than 13 50,000 and less than 100,000, as com- 14 puted by the Federal Bureau of Investiga- 15 tion; and 16 (ii) has reported no hate crimes 17 through the Uniform Crime Reports pro- 18 gram in each of the 3 most recent calendar 19 years for which such data is available. 20 (3) STATE.—The term ‘‘State’’ has the mean- 21 ing given the term in section 901 of title I of the 22 Omnibus Crime Control and Safe Streets Act of 23 1968 (34 U.S.C. 10251). 24 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 5 •HR 3545 IH (4) UNIFORM CRIME REPORTS.—The term 1 ‘‘Uniform Crime Reports’’ means the reports author- 2 ized under section 534 of title 28, United States 3 Code, and administered by the Federal Bureau of 4 Investigation that compile nationwide criminal sta- 5 tistics for use— 6 (A) in law enforcement administration, op- 7 eration, and management; and 8 (B) to assess the nature and type of crime 9 in the United States. 10 (5) UNIT OF LOCAL GOVERNMENT.—The term 11 ‘‘unit of local government’’ has the meaning given 12 the term in section 901 of title I of the Omnibus 13 Crime Control and Safe Streets Act of 1968 (34 14 U.S.C. 10251). 15 SEC. 4. REPORTING OF HATE CRIMES. 16 (a) IMPLEMENTATION GRANTS.— 17 (1) IN GENERAL.—The Attorney General may 18 make grants to States and units of local government 19 to assist the State or unit of local government in im- 20 plementing the National Incident-Based Reporting 21 System, including to train employees in identifying 22 and classifying hate crimes in the National Incident- 23 Based Reporting System. 24 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 6 •HR 3545 IH (2) PRIORITY.—In making grants under para- 1 graph (1), the Attorney General shall give priority to 2 States and units of local government with larger 3 populations. 4 (b) REPORTING.— 5 (1) COMPLIANCE.— 6 (A) IN GENERAL.—Except as provided in 7 subparagraph (B), in each fiscal year beginning 8 after the date that is 3 years after the date on 9 which a State or unit of local government first 10 receives a grant under subsection (a), the State 11 or unit of local government shall provide to the 12 Attorney General, through the Uniform Crime 13 Reporting system, information pertaining to 14 hate crimes committed in that jurisdiction dur- 15 ing the preceding fiscal year. 16 (B) EXTENSIONS; WAIVER.—The Attorney 17 General— 18 (i) may provide a 120-day extension 19 to a State or unit of local government that 20 is making good faith efforts to comply with 21 subparagraph (A); and 22 (ii) shall waive the requirements of 23 subparagraph (A) if compliance with that 24 subparagraph by a State or unit of local 25 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 7 •HR 3545 IH government would be unconstitutional 1 under the constitution of the State or of 2 the State in which the unit of local govern- 3 ment is located, respectively. 4 (2) FAILURE TO COMPLY.—If a State or unit of 5 local government that receives a grant under sub- 6 section (a) fails to substantially comply with para- 7 graph (1) of this subsection, the State or unit of 8 local government shall repay the grant in full, plus 9 reasonable interest and penalty charges allowable by 10 law or established by the Attorney General. 11 SEC. 5. GRANTS FOR STATE-RUN HATE CRIME HOTLINES. 12 (a) GRANTS AUTHORIZED.— 13 (1) IN GENERAL.—The Attorney General shall 14 make grants to States to create State-run hate 15 crime reporting hotlines. 16 (2) GRANT PERIOD.—A grant made under 17 paragraph (1) shall be for a period of not more than 18 5 years. 19 (b) HOTLINE REQUIREMENTS.—A State shall ensure, 20 with respect to a hotline funded by a grant under sub- 21 section (a), that— 22 (1) the hotline directs individuals to— 23 (A) law enforcement if appropriate; and 24 (B) local support services; 25 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 8 •HR 3545 IH (2) any personally identifiable information that 1 an individual provides to an agency of the State 2 through the hotline is not directly or indirectly dis- 3 closed, without the consent of the individual, to— 4 (A) any other agency of that State; 5 (B) any other State; 6 (C) the Federal Government; or 7 (D) any other person or entity; 8 (3) the staff members who operate the hotline 9 are trained to be knowledgeable about— 10 (A) applicable Federal, State, and local 11 hate crime laws; and 12 (B) local law enforcement resources and 13 applicable local support services; and 14 (4) the hotline is accessible to— 15 (A) individuals with limited English pro- 16 ficiency, where appropriate; and 17 (B) individuals with disabilities. 18 (c) BEST PRACTICES.—The Attorney General shall 19 issue guidance to States on best practices for imple- 20 menting the requirements of subsection (b). 21 SEC. 6. INFORMATION COLLECTION BY STATES AND UNITS 22 OF LOCAL GOVERNMENT. 23 (a) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 9 •HR 3545 IH (1) APPLICABLE AGENCY.—The term ‘‘applica- 1 ble agency’’, with respect to an eligible entity that 2 is— 3 (A) a State, means— 4 (i) a law enforcement agency of the 5 State; and 6 (ii) a law enforcement agency of a 7 unit of local government within the State 8 that— 9 (I) is a priority agency; and 10 (II) receives a subgrant from the 11 State under this section; and 12 (B) a unit of local government, means a 13 law enforcement agency of the unit of local gov- 14 ernment that is a priority agency. 15 (2) COVERED AGENCY.—The term ‘‘covered 16 agency’’ means— 17 (A) a State law enforcement agency; and 18 (B) a priority agency. 19 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 20 ty’’ means— 21 (A) a State; or 22 (B) a unit of local government that has a 23 priority agency. 24 (b) GRANTS.— 25 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 10 •HR 3545 IH (1) IN GENERAL.—The Attorney General may 1 make grants to eligible entities to assist covered 2 agencies within the jurisdiction of the eligible entity 3 in conducting law enforcement activities or crime re- 4 duction programs to prevent, address, or otherwise 5 respond to hate crime, particularly as those activities 6 or programs relate to reporting hate crimes through 7 the Uniform Crime Reports program, including— 8 (A) adopting a policy on identifying, inves- 9 tigating, and reporting hate crimes; 10 (B) developing a standardized system of 11 collecting, analyzing, and reporting the inci- 12 dence of hate crime; 13 (C) establishing a unit specialized in iden- 14 tifying, investigating, and reporting hate 15 crimes; 16 (D) engaging in community relations func- 17 tions related to hate crime prevention and edu- 18 cation such as— 19 (i) establishing a liaison with formal 20 community-based organizations or leaders; 21 and 22 (ii) conducting public meetings or 23 educational forums on the impact of hate 24 crimes, services available to hate crime vic- 25 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 11 •HR 3545 IH tims, and the relevant Federal, State, and 1 local laws pertaining to hate crimes; and 2 (E) providing hate crime trainings for 3 agency personnel. 4 (2) SUBGRANTS.—A State that receives a grant 5 under paragraph (1) may award a subgrant to a pri- 6 ority agency of a unit of local government within the 7 State for the purposes under that paragraph. 8 (c) INFORMATION REQUIRED OF STATES AND UNITS 9 OF LOCAL GOVERNMENT.— 10 (1) IN GENERAL.—For each fiscal year in 11 which an eligible entity receives a grant under sub- 12 section (b), the eligible entity shall— 13 (A) collect information from each applica- 14 ble agency summarizing the law enforcement 15 activities or crime reduction programs con- 16 ducted by the agency to prevent, address, or 17 otherwise respond to hate crime, particularly as 18 those activities or programs relate to reporting 19 hate crimes through the Uniform Crime Re- 20 ports program; and 21 (B) submit to the Attorney General a re- 22 port containing the information collected under 23 subparagraph (A). 24 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 12 •HR 3545 IH (2) SEMIANNUAL LAW ENFORCEMENT AGENCY 1 REPORT.— 2 (A) IN GENERAL.—In collecting the infor- 3 mation required under paragraph (1)(A), an eli- 4 gible entity shall require each applicable agency 5 to submit a semiannual report to the eligible 6 entity that includes a summary of the law en- 7 forcement activities or crime reduction pro- 8 grams conducted by the agency during the re- 9 porting period to prevent, address, or otherwise 10 respond to hate crime, particularly as those ac- 11 tivities or programs relate to reporting hate 12 crimes through the Uniform Crime Reports pro- 13 gram. 14 (B) CONTENTS.—In a report submitted 15 under subparagraph (A), a law enforcement 16 agency shall, at a minimum, disclose— 17 (i) whether the agency has adopted a 18 policy on identifying, investigating, and re- 19 porting hate crimes; 20 (ii) whether the agency has developed 21 a standardized system of collecting, ana- 22 lyzing, and reporting the incidence of hate 23 crime; 24 VerDate Sep 11 2014 20:35 Jul 09, 2019 Jkt 034408 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3545.IH H3545 pbinns on DSK79D2C42PROD with BILLS 13 •HR 3545 IH (iii) whether the agency has estab- 1 lished a unit specialized in identifying, in- 2 vestigating, and reporting hate crimes; 3 (iv) whether the agency engages in 4 community relations functions related to 5 hate crime, such as— 6 (I) establishing a liaison with for- 7 mal community-based organizations or 8 leaders; and 9 (II) conducting public meetings 10 or educational forums on the impact 11 of hate crime, services [Text truncated for display. 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