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 following 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Creating Account5 ability Measures Protecting University Students HistoriVerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761

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1 cally Abused, Threatened, and Exposed to Crimes Act’’ 

2 or the ‘‘CAMPUS HATE Crimes Act’’. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) The incidence of violence motivated by the 

6 actual or perceived race, color, religion, national ori7 gin, gender, sexual orientation, gender identity, or 

8 disability of the victim, known as hate crimes or 

9 crimes motivated by bias, poses a serious national 

10 problem. 

11 (2) Such violence motivated by hatred and big12 otry endangers our citizens and disrupts the commu13 nities they live in, by tearing at the fabric of our 

14 Nation and our constitutional aspiration to create a 

15 stronger, more perfect union. 

16 (3) According to data obtained by the Southern 

17 Poverty Law Center, schools were a particularly 

18 common location for hate crimes to occur—including 

19 150 incidents on college campuses in 33 States since 

20 November. 

21 (4) This level of violence demonstrates an un22 precedented escalation in race and hate-based crime 

23 being committed on college campuses compared to 

24 recent years. 


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1 (5) Hate groups have openly declared their ef2 forts to establish a physical presence on college cam3 puses and have specifically targeted young individ4 uals and students for their messaging. Such efforts 

5 include placing fliers around campus, online orga6 nizing, and bringing national leaders to speak. 

7 (6) College campuses have become the ideal lo8 cation for hate group activity because they tradition9 ally embrace diversity, tolerance, and social justice 

10 and strive for equality and have created safe spaces 

11 for students of every gender and identity. 

12 (7) These are soft targets for such groups, be13 cause students are more curious and receptive to 

14 new, even radical, ideas than older individuals. 

15 (8) The Higher Education Act of 1965 and the 

16 Jeanne Clery Disclosure of Campus Security Policy 

17 and Campus Crime Statistics Act have enabled Fed18 eral authorities to understand, report, and where ap19 propriate, investigate and prosecute hate crimes 

20 committed within the jurisdiction of an institution of 

21 higher education. 

22 (9) However, an enduring effort cannot be 

23 made to address the national problem posed by hate 

24 crimes if many of our institutions of higher edu25 cation fail to properly evaluate, prepare, and impleVerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761

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1 ment an effective strategy to prevent and respond to 

2 such crimes. 

3 (10) The annual dissemination of relevant in4 formation to students and faculty regarding the in5 stitution’s campus safety apparatus will provide for 

6 a more transparent and informed campus commu7 nity on the infrastructure and process in place, and 

8 the assistance services available. 

9 (11) Federal financial assistance with regard to 

10 providing training, technical assistance, evaluation, 

11 and other associated services will allow school secu12 rity and administration to understand the unique 

13 needs for the campus and the assistance to imple14 ment the proper safety plan to address those needs. 

15 (12) Amending the Program Participation 

16 Agreement between an institution of higher edu17 cation and the Department of Education to include 

18 hate crime programs provides substantial assurance 

19 that campus climate and safety will become an in20 creasing priority and focal point to the higher edu21 cation community. 

22 (13) Modifying the Jeanne Clery Disclosure of 

23 Campus Security Policy and Campus Crime Statis24 tics Act will enable campus security and local law 

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1 ing and recording information on crimes, including 

2 violence motivated by the actual or perceived race, 

3 color, religion, national origin, gender, sexual ori4 entation, gender identity, or disability of the victim. 

5 (14) The problem of crimes motivated by bias 

6 is sufficiently serious, widespread, and interstate in 

7 nature as to warrant Federal financial assistance to 

8 States and local jurisdictions. 

9 SEC. 3. HATE CRIME PREVENTION AND RESPONSE. 

10 Part B of title I of the Higher Education Act of 1965 

11 is amended by adding at the end the following: 

12 ‘‘SEC. 124. HATE CRIME PREVENTION AND RESPONSE. 

13 ‘‘(a) RESTRICTION ON ELIGIBILITY.—Notwithstand14 ing any other provision of law, no institution of higher 

15 education shall be eligible to receive funds or any other 

16 form of financial assistance under any program under title 

17 IV, unless the institution certifies to the Secretary that 

18 the institution has adopted and has implemented a pro19 gram to prevent and adequately respond to hate crimes 

20 within the jurisdiction of the institution or by students 

21 and employees that, at a minimum, includes— 

22 ‘‘(1) the annual distribution to each student 

23 and employee of— 

24 ‘‘(A) standards of conduct and the applica25 ble sanctions that clearly prohibit, at a minVerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761

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1 imum, the acts or threats of violence, property 

2 damage, harassment, intimidation, or other 

3 crimes that specifically target an individual 

4 based on their race, religion, ethnicity, handi5 cap, sexual orientation, gender, or gender iden6 tification by students and employees on the in7 stitution’s property or as a part of any of the 

8 institution’s activities; 

9 ‘‘(B) a clear definition of what constitutes 

10 a hate crime or hate incident under Federal 

11 and State law or other applicable authority; 

12 ‘‘(C) a description of the applicable legal 

13 sanctions under local, State, or Federal law for 

14 perpetrating a hate crime; 

15 ‘‘(D) a description of any counseling, med16 ical treatment, or rehabilitation programs that 

17 are available to students or employees that are 

18 victims of hate crimes or other hate-based 

19 incidences; 

20 ‘‘(E) a description of applicable services 

21 for students to be able to switch dorms, classes, 

22 or make other arrangements should they feel 

23 unsafe in those spaces due to a hate crime 

24 which affects such space; and 


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1 ‘‘(F) a distinct statement that the institu2 tion will impose sanctions on students and em3 ployees (consistent with local, State, and Fed4 eral law), and a description of those sanctions, 

5 up to and including expulsion or termination of 

6 employment and referral for prosecution, for 

7 violations of the standards of conduct required 

8 by subparagraph (A); and 

9 ‘‘(2) a quadrennial review by the institution of 

10 the institution’s program to— 

11 ‘‘(A) determine the program’s effectiveness 

12 and implement changes to the program if the 

13 changes are needed; 

14 ‘‘(B) determine the number of hate crimes 

15 and fatalities that— 

16 ‘‘(i) occur on the institution’s campus 

17 (as defined in section 485(f)(6)), or as 

18 part of any of the institution’s activities; 

19 and 

20 ‘‘(ii) are reported to campus officials 

21 or nonaffiliated local law enforcement 

22 agencies with jurisdiction over the incident; 

23 ‘‘(C) determine the number, type, and se24 verity of sanctions described in paragraph 

25 (1)(F) that are imposed by the institution as a 


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1 result of hate crimes and fatalities on the insti2 tution’s campus or as part of any of the institu3 tion’s activities; and 

4 ‘‘(D) ensure that sanctions required by 

5 paragraph (1)(F) are consistently enforced. 

6 ‘‘(b) INFORMATION AVAILABILITY.—Each institution 

7 of higher education that provides the certification required 

8 by subsection (a) shall, upon request, make available to 

9 the Secretary and to the public a copy of each item re10 quired by subsection (a)(1) as well as the results of the 

11 biennial review required by subsection (a)(2). 

12 ‘‘(1) REGULATIONS.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 publish regulations to implement and enforce 

15 the provisions of this section, including regula16 tions that provide for— 

17 ‘‘(i) the periodic review of a represent18 ative sample of programs required by sub19 section (a); and 

20 ‘‘(ii) a range of responses and sanc21 tions for institutions of higher education 

22 that fail to implement their programs or to 

23 consistently enforce their sanctions, includ24 ing information and technical assistance, 

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1 ment, and the termination of any form of 

2 Federal financial assistance. 

3 ‘‘(B) INCLUSIVITY PROGRAM.—The sanc4 tions required by subsection (a)(1)(F) that are 

5 imposed by the institution of higher education, 

6 may include an inclusivity program as an ex7 plicit condition of remaining enrolled at the in8 stitution of higher education, that the defend9 ant successfully undertake educational classes 

10 or community service directly related to the 

11 community harmed by the respondent’s offense. 

12 ‘‘(2) APPEALS.—Upon determination by the 

13 Secretary to terminate financial assistance to any in14 stitution of higher education under this section, the 

15 institution may file an appeal with an administrative 

16 law judge before the expiration of the 30-day period 

17 beginning on the date such institution is notified of 

18 the decision to terminate financial assistance under 

19 this section. Such judge shall hold a hearing with re20 spect to such termination of assistance before the 

21 expiration of the 45-day period beginning on the 

22 date that such appeal is filed. Such judge may ex23 tend such 45-day period upon a motion by the insti24 tution concerned. The decision of the judge with reVerDate Sep 11 2014 00:40 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H761.IH H761

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1 spect to such termination shall be considered to be 

2 a final agency action. 

3 ‘‘(3) HATE CRIME PREVENTION AND RESPONSE

4 GRANTS.— 

5 ‘‘(A) PROGRAM AUTHORITY.—The Sec6 retary may make grants to institutions of high7 er education or consortia of such institutions, 

8 and enter into contracts with such institutions, 

9 consortia, and other organizations, to develop, 

10 implement, operate, improve, and disseminate 

11 programs of prevention, and education to re12 duce and eliminate hate crimes. Such grants or 

13 contracts may also be used for the support of 

14 a higher education center for hate crime pre15 vention and response that will provide training, 

16 technical assistance, evaluation, dissemination, 

17 and associated services and assistance to the 

18 higher education community as determined by 

19 the Secretary and institutions of higher edu20 cation. 

21 ‘‘(B) AWARDS.—Grants and contracts 

22 shall be awarded under subparagraph (A) on a 

23 by needs basis. 

24 ‘‘(C) APPLICATIONS.—An institution of 

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1 tutions that desires to receive a grant or con2 tract under paragraph (A) shall submit an ap3 plication to the Secretary at such time, in such 

4 manner, and containing or accompanied by 

5 such information as the Secretary may reason6 ably require by regulation. 

7 ‘‘(D) ADDITIONAL REQUIREMENTS.— 

8 ‘‘(i) PARTICIPATION.—In awarding 

9 grants and contracts under this subsection 

10 the Secretary shall make every effort to 

11 ensure— 

12 ‘‘(I) the equitable participation of 

13 private and public institutions of high14 er education (including community 

15 and junior colleges); and 

16 ‘‘(II) the equitable geographic 

17 participation of such institutions. 

18 ‘‘(ii) CONSIDERATION.—In awarding 

19 grants and contracts under this subsection 

20 the Secretary shall give appropriate consid21 eration to institutions of higher education 

22 with limited enrollment. 

23 ‘‘(E) AUTHORIZATION OF APPROPRIA24 TIONS.—There are authorized to be appro25 priated to carry out this subsection such sums 


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1 as may be necessary for fiscal year 2020 and 

2 each of the 5 succeeding fiscal years. 

3 ‘‘(4) DEFINITION.—The term ‘hate crime’ 

4 means any criminal offense perpetrated against a 

5 person or property that was motivated in whole or 

6 in part by an offender’s bias against a race, religion, 

7 disability, sexual orientation, ethnicity, gender, or 

8 gender identity.’’. 

9 SEC. 4. CLERY ACT AMENDMENTS. 

10 Section 485(f) of the Higher Education Act of 1965 

11 (20 U.S.C. 1092(f)) is amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (C)— 

14 (i) by striking ‘‘and’’ at the end of 

15 clause (ii); 

16 (ii) in clause (iii)— 

17 (I) by striking ‘‘encourage’’ and 

18 inserting ‘‘require’’; 

19 (II) by inserting ‘‘, including hate 

20 crimes,’’ after ‘‘all crimes’’; and 

21 (III) by striking the period at the 

22 end and inserting ‘‘; and’’; and 

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(i) policies encourage officer develop2 ment training to specifically recognize, pre3 vent, and respond to hate crimes.’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(K) A statement of policy regarding hate6 based crimes and the enforcement of Federal and 

7 State hate crime laws and a description of any hate 

8 crime prevention and response programs required 

9 under section 124.’’; and 

10 (2) in paragraph (6)(A), by adding at the end 

11 the following: 

12 ‘‘(vi) The term ‘hate crime’ has the 

13 meaning given the term in section 

14 124(b)(4).’’. 

15 SEC. 5. PROGRAM PARTICIPATION AGREEMENTS. 

16 Section 487(a) of the Higher Education Act of 1965 

17 (20 U.S.C. 1094(a)) is amended by adding at the end the 

18 following: 

19 ‘‘(30) The institution will have hate 

20 crime prevention and response programs 

21 that the institution has determined to be 

22 accessible to any officer, employee, or stu23 dent at the institution and which meets the 

24 requirements of section 124.’’. 


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1 SEC. 6. ACCREDITING AGENCY RECOGNITION. 

2 Section 496(a)(5) of the Higher Education Act of 

3 1965 (20 U.S.C. 1099b(a)(5)) is amended— 

4 (1) in subparagraph (I), by striking ‘‘and’’ at 

5 the end; 

6 (2) in subparagraph (J), by inserting ‘‘and’’ 

7 after the semicolon; and 

8 (3) by inserting after subparagraph (J) and be9 fore the flush text, the following: 

10 ‘‘(K) safety objectives with respect to hate 

11 crimes (defined in section 124(b)(4)) and the 

12 established measures and policies to combat 

13 such crimes;’’. 

Æ 


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