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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 937 Enrolled Bill (ENR)]

        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 Gonzalez.
            (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 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 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.
        (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;
            (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
                    (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--

                        (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 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.
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