S. 937 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Sunday, 

the third day of January, two thousand and twenty one 

An Act 

To facilitate the expedited review of COVID–19 hate crimes, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘COVID–19 Hate Crimes Act’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) Following the spread of COVID–19 in 2020, there has 

been a dramatic increase in hate crimes and violence against 

Asian-Americans and Pacific Islanders. 

(2) According to a recent report, there were nearly 3,800 

reported cases of anti-Asian discrimination and incidents 

related to COVID–19 between March 19, 2020, and February 

28, 2021, in all 50 States and the District of Columbia. 

(3) During this time frame, race has been cited as the 

primary reason for discrimination, making up over 90 percent 

of incidents, and the United States condemns and denounces 

any and all anti-Asian and Pacific Islander sentiment in any 

form. 

(4) Roughly 36 percent of these incidents took place at 

a business and more than 2,000,000 Asian-American businesses 

have contributed to the diverse fabric of American life. 

(5) More than 1,900,000 Asian-American and Pacific 

Islander older adults, particularly those older adults who are 

recent immigrants or have limited English proficiency, may 

face even greater challenges in dealing with the COVID–19 

pandemic, including discrimination, economic insecurity, and 

language isolation. 

(6) In the midst of this alarming surge in anti-Asian hate 

crimes and incidents, a shooter murdered the following 8 people 

in the Atlanta, Georgia region, 7 of whom were women and 

6 of whom were women of Asian descent: 

(A) Xiaojie Tan. 

(B) Daoyou Feng. 

(C) Delaina Ashley Yaun Gonza ́lez. 

(D) Paul Andre Michels. 

(E) Soon Chung Park. 

(F) Hyun Jung Grant. 

(G) Suncha Kim. 

(H) Yong Ae Yue. 

(7) The people of the United States will always remember 

the victims of these shootings and stand in solidarity with 
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those affected by this senseless tragedy and incidents of hate 

that have affected the Asian and Pacific Islander communities. 

SEC. 3. REVIEW OF HATE CRIMES. 

(a) IN GENERAL.—Not later than 7 days after the date of enactment of this Act, the Attorney General shall designate an officer 

or employee of the Department of Justice whose responsibility 

during the applicable period shall be to facilitate the expedited 

review of hate crimes (as described in section 249 of title 18, 

United States Code) and reports of any such crime to Federal, 

State, local, or Tribal law enforcement agencies. 

(b) APPLICABLE PERIOD DEFINED.—In this section, the term 

‘‘applicable period’’ means the period beginning on the date on 

which the officer or employee is designated under subsection (a), 

and ending on the date that is 1 year after the date on which 

the emergency period described in subparagraph (B) of section 

1135(g)(1) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)) ends, 

except that the Attorney General may extend such period as appropriate. 

SEC. 4. GUIDANCE. 

(a) GUIDANCE FOR LAW ENFORCEMENT AGENCIES.—The 

Attorney General shall issue guidance for State, local, and Tribal 

law enforcement agencies, pursuant to this Act and other applicable 

law, on how to— 

(1) establish online reporting of hate crimes or incidents, 

and to have online reporting that is equally effective for people 

with disabilities as for people without disabilities available 

in multiple languages as determined by the Attorney General; 

(2) collect data disaggregated by the protected characteristics described in section 249 of title 18, United States Code; 

and 

(3) expand public education campaigns aimed at raising 

awareness of hate crimes and reaching victims, that are equally 

effective for people with disabilities as for people without 

disabilities. 

(b) GUIDANCE RELATING TO COVID–19 PANDEMIC.—The 

Attorney General and the Secretary of Health and Human Services, 

in coordination with the COVID–19 Health Equity Task Force and 

community-based organizations, shall issue guidance aimed at 

raising awareness of hate crimes during the COVID–19 pandemic. 

SEC. 5. JABARA-HEYER NO HATE ACT. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Khalid 

Jabara and Heather Heyer National Opposition to Hate, Assault, 

and Threats to Equality Act of 2021’’ or the ‘‘Jabara-Heyer NO 

HATE Act’’. 

(b) FINDINGS.—Congress finds the following: 

(1) The incidence of violence known as hate crimes, or 

crimes motivated by bias, poses a serious national problem. 

(2) According to data obtained by the Federal Bureau of 

Investigation, the incidence of such violence increased in 2019, 

the most recent year for which data is available. 

(3) In 1990, Congress enacted the Hate Crime Statistics 

Act (Public Law 101–275; 28 U.S.C. 534 note) to provide the 

Federal Government, law enforcement agencies, and the public 

with data regarding the incidence of hate crime. The Hate 

Crime Statistics Act and the Matthew Shepard and James 
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Byrd, Jr. Hate Crimes Prevention Act (division E of Public 

Law 111–84; 123 Stat. 2835) have enabled Federal authorities 

to understand and, where appropriate, investigate and prosecute hate crimes. 

(4) A more complete understanding of the national problem 

posed by hate crime is in the public interest and supports 

the Federal interest in eradicating bias-motivated violence referenced in section 249(b)(1)(C) of title 18, United States Code. 

(5) However, a complete understanding of the national 

problem posed by hate crimes is hindered by incomplete data 

from Federal, State, and local jurisdictions through the Uniform 

Crime Reports program authorized under section 534 of title 

28, United States Code, and administered by the Federal 

Bureau of Investigation. 

(6) Multiple factors contribute to the provision of inaccurate 

and incomplete data regarding the incidence of hate crime 

through the Uniform Crime Reports program. A significant 

contributing factor is the quality and quantity of training that 

State and local law enforcement agencies receive on the identification and reporting of suspected bias-motivated crimes. 

(7) The problem of crimes motivated by bias is sufficiently 

serious, widespread, and interstate in nature as to warrant 

Federal financial assistance to States and local jurisdictions. 

(8) Federal financial assistance with regard to certain violent crimes motivated by bias enables Federal, State, and local 

authorities to work together as partners in the investigation 

and prosecution of such crimes. 

(c) DEFINITIONS.—In this section: 

(1) HATE CRIME.—The term ‘‘hate crime’’ means an act 

described in section 245, 247, or 249 of title 18, United States 

Code, or in section 901 of the Civil Rights Act of 1968 (42 

U.S.C. 3631). 

(2) PRIORITY AGENCY.—The term ‘‘priority agency’’ means— 

(A) a law enforcement agency of a unit of local government that serves a population of not less than 100,000, 

as computed by the Federal Bureau of Investigation; or 

(B) a law enforcement agency of a unit of local government that— 

(i) serves a population of not less than 50,000 

and less than 100,000, as computed by the Federal 

Bureau of Investigation; and 

(ii) has reported no hate crimes through the Uniform Crime Reports program in each of the 3 most 

recent calendar years for which such data is available. 

(3) STATE.—The term ‘‘State’’ has the meaning given the 

term in section 901 of title I of the Omnibus Crime Control 

and Safe Streets Act of 1968 (34 U.S.C. 10251). 

(4) UNIFORM CRIME REPORTS.—The term ‘‘Uniform Crime 

Reports’’ means the reports authorized under section 534 of 

title 28, United States Code, and administered by the Federal 

Bureau of Investigation that compile nationwide criminal statistics for use— 

(A) in law enforcement administration, operation, and 

management; and 

(B) to assess the nature and type of crime in the 

United States. 
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(5) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local 

government’’ has the meaning given the term in section 901 

of title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (34 U.S.C. 10251). 

(d) REPORTING OF HATE CRIMES.— 

(1) IMPLEMENTATION GRANTS.— 

(A) IN GENERAL.—The Attorney General may make 

grants to States and units of local government to assist 

the State or unit of local government in implementing 

the National Incident-Based Reporting System, including 

to train employees in identifying and classifying hate 

crimes in the National Incident-Based Reporting System. 

(B) PRIORITY.—In making grants under subparagraph 

(A), the Attorney General shall give priority to States and 

units of local government that develop and implement the 

programs and activities described in subsection (f)(2)(A). 

(2) REPORTING.— 

(A) COMPLIANCE.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

in each fiscal year beginning after the date that is 

3 years after the date on which a State or unit of 

local government first receives a grant under paragraph (1), the State or unit of local government shall 

provide to the Attorney General, through the Uniform 

Crime Reporting system, information pertaining to 

hate crimes committed in that jurisdiction during the 

preceding fiscal year. 

(ii) EXTENSIONS; WAIVER.—The Attorney General— 

(I) may provide a 120-day extension to a State 

or unit of local government that is making good 

faith efforts to comply with clause (i); and 

(II) shall waive the requirements of clause 

(i) if compliance with that subparagraph by a State 

or unit of local government would be unconstitutional under the constitution of the State or of 

the State in which the unit of local government 

is located, respectively. 

(B) FAILURE TO COMPLY.—If a State or unit of local 

government that receives a grant under paragraph (1) fails 

to substantially comply with subparagraph (A) of this paragraph, the State or unit of local government shall repay 

the grant in full, plus reasonable interest and penalty 

charges allowable by law or established by the Attorney 

General. 

(e) GRANTS FOR STATE-RUN HATE CRIME HOTLINES.— 

(1) GRANTS AUTHORIZED.— 

(A) IN GENERAL.—The Attorney General shall make 

grants to States to create State-run hate crime reporting 

hotlines. 

(B) GRANT PERIOD.—A grant made under subparagraph 

(A) shall be for a period of not more than 5 years. 

(2) HOTLINE REQUIREMENTS.—A State shall ensure, with 

respect to a hotline funded by a grant under paragraph (1), 

that— 

(A) the hotline directs individuals to— 

(i) law enforcement if appropriate; and 

(ii) local support services; 
S. 937—5 

(B) any personally identifiable information that an 

individual provides to an agency of the State through the 

hotline is not directly or indirectly disclosed, without the 

consent of the individual, to— 

(i) any other agency of that State; 

(ii) any other State; 

(iii) the Federal Government; or 

(iv) any other person or entity; 

(C) the staff members who operate the hotline are 

trained to be knowledgeable about— 

(i) applicable Federal, State, and local hate crime 

laws; and 

(ii) local law enforcement resources and applicable 

local support services; and 

(D) the hotline is accessible to— 

(i) individuals with limited English proficiency, 

where appropriate; and 

(ii) individuals with disabilities. 

(3) BEST PRACTICES.—The Attorney General shall issue 

guidance to States on best practices for implementing the 

requirements of paragraph (2). 

(f) INFORMATION COLLECTION BY STATES AND UNITS OF LOCAL

GOVERNMENT.— 

(1) DEFINITIONS.—In this subsection: 

(A) COVERED AGENCY.—The term ‘‘covered agency’’ 

means— 

(i) a State law enforcement agency; and 

(ii) a priority agency. 

(B) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ 

means— 

(i) a State; or 

(ii) a unit of local government that has a priority 

agency. 

(2) GRANTS.— 

(A) IN GENERAL.—The Attorney General may make 

grants to eligible entities to assist covered agencies within 

the jurisdiction of the eligible entity in conducting law 

enforcement activities or crime reduction programs to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting 

hate crimes through the Uniform Crime Reports program, 

including— 

(i) adopting a policy on identifying, investigating, 

and reporting hate crimes; 

(ii) developing a standardized system of collecting, 

analyzing, and reporting the incidence of hate crime; 

(iii) establishing a unit specialized in identifying, 

investigating, and reporting hate crimes; 

(iv) engaging in community relations functions 

related to hate crime prevention and education such 

as— 

(I) establishing a liaison with formal community-based organizations or leaders; and 
S. 937—6 

(II) conducting public meetings or educational 

forums on the impact of hate crimes, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate 

crimes; and 

(v) providing hate crime trainings for agency personnel. 

(B) SUBGRANTS.—A State that receives a grant under 

subparagraph (A) may award a subgrant to a unit of local 

government within the State for the purposes under that 

subparagraph, except that a unit of local government may 

provide funding from such a subgrant to any law enforcement agency of the unit of local government. 

(3) INFORMATION REQUIRED OF STATES AND UNITS OF LOCAL

GOVERNMENT.— 

(A) IN GENERAL.—For each fiscal year in which a State 

or unit of local government receives a grant or subgrant 

under paragraph (2), the State or unit of local government 

shall— 

(i) collect information from each law enforcement 

agency that receives funding from the grant or 

subgrant summarizing the law enforcement activities 

or crime reduction programs conducted by the agency 

to prevent, address, or otherwise respond to hate crime, 

particularly as those activities or programs relate to 

reporting hate crimes through the Uniform Crime 

Reports program; and 

(ii) submit to the Attorney General a report containing the information collected under clause (i). 

(B) SEMIANNUAL LAW ENFORCEMENT AGENCY REPORT.— 

(i) IN GENERAL.—In collecting the information 

required under subparagraph (A)(i), a State or unit 

of local government shall require each law enforcement 

agency that receives funding from a grant or subgrant 

awarded to the State or unit of local government under 

paragraph (2) to submit a semiannual report to the 

State or unit of local government that includes a summary of the law enforcement activities or crime reduction programs conducted by the agency during the 

reporting period to prevent, address, or otherwise 

respond to hate crime, particularly as those activities 

or programs relate to reporting hate crimes through 

the Uniform Crime Reports program. 

(ii) CONTENTS.—In a report submitted under clause 

(i), a law enforcement agency shall, at a minimum, 

disclose— 

(I) whether the agency has adopted a policy 

on identifying, investigating, and reporting hate 

crimes; 

(II) whether the agency has developed a 

standardized system of collecting, analyzing, and 

reporting the incidence of hate crime; 

(III) whether the agency has established a unit 

specialized in identifying, investigating, and 

reporting hate crimes; 

(IV) whether the agency engages in community 

relations functions related to hate crime, such as— 
S. 937—7 

(aa) establishing a liaison with formal 

community-based organizations or leaders; 

and 

(bb) conducting public meetings or educational forums on the impact of hate crime, 

services available to hate crime victims, and 

the relevant Federal, State, and local laws 

pertaining to hate crime; and 

(V) the number of hate crime trainings for 

agency personnel, including the duration of the 

trainings, conducted by the agency during the 

reporting period. 

(4) COMPLIANCE AND REDIRECTION OF FUNDS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), beginning not later than 1 year after the date of 

this Act, a State or unit of local government receiving 

a grant or subgrant under paragraph (2) shall comply 

with paragraph (3). 

(B) EXTENSIONS; WAIVER.—The Attorney General— 

(i) may provide a 120-day extension to a State 

or unit of local government that is making good faith 

efforts to collect the information required under paragraph (3); and 

(ii) shall waive the requirements of paragraph (3) 

for a State or unit of local government if compliance 

with that subsection by the State or unit of local 

government would be unconstitutional under the constitution of the State or of the State in which the 

unit of local government is located, respectively. 

(g) REQUIREMENTS OF THE ATTORNEY GENERAL.— 

(1) INFORMATION COLLECTION AND ANALYSIS; REPORT.—In 

order to improve the accuracy of data regarding the incidence 

of hate crime provided through the Uniform Crime Reports 

program, and promote a more complete understanding of the 

national problem posed by hate crime, the Attorney General 

shall— 

(A) collect and analyze the information provided by 

States and units of local government under subsection (f) 

for the purpose of developing policies related to the provision of accurate data obtained under the Hate Crime Statistics Act (Public Law 101–275; 28 U.S.C. 534 note) by the 

Federal Bureau of Investigation; and 

(B) for each calendar year beginning after the date 

of enactment of this Act, publish and submit to Congress 

a report based on the information collected and analyzed 

under subparagraph (A). 

(2) CONTENTS OF REPORT.—A report submitted under paragraph (1) shall include— 

(A) a qualitative analysis of the relationship between— 

(i) the number of hate crimes reported by State 

law enforcement agencies or other law enforcement 

agencies that received funding from a grant or 

subgrant awarded under paragraph (2) through the 

Uniform Crime Reports program; and 

(ii) the nature and extent of law enforcement 

activities or crime reduction programs conducted by 
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those agencies to prevent, address, or otherwise 

respond to hate crime; and 

(B) a quantitative analysis of the number of State 

law enforcement agencies and other law enforcement agencies that received funding from a grant or subgrant 

awarded under paragraph (2) that have— 

(i) adopted a policy on identifying, investigating, 

and reporting hate crimes; 

(ii) developed a standardized system of collecting, 

analyzing, and reporting the incidence of hate crime; 

(iii) established a unit specialized in identifying, 

investigating, and reporting hate crimes; 

(iv) engaged in community relations functions 

related to hate crime, such as— 

(I) establishing a liaison with formal community-based organizations or leaders; and 

(II) conducting public meetings or educational 

forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; 

and 

(v) conducted hate crime trainings for agency personnel during the reporting period, including— 

(I) the total number of trainings conducted 

by each agency; and 

(II) the duration of the trainings described 

in subclause (I). 

(h) ALTERNATIVE SENTENCING.—Section 249 of title 18, United 

States Code, is amended by adding at the end the following: 

‘‘(e) SUPERVISED RELEASE.—If a court includes, as a part of 

a sentence of imprisonment imposed for a violation of subsection 

(a), a requirement that the defendant be placed on a term of 

supervised release after imprisonment under section 3583, the court 

may order, as an explicit condition of supervised release, that 

the defendant undertake educational classes or community service 

directly related to the community harmed by the defendant’s 

offense.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.