I 

116TH CONGRESS 

1ST SESSION H. R. 223 

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 

establish grants to reduce the incidence of hate crimes, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

Ms. VELA ́ZQUEZ (for herself, Ms. CLARKE of New York, Ms. NORTON, Ms. 

SCHAKOWSKY, and Mr. TAKANO) introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To amend the Omnibus Crime Control and Safe Streets 

Act of 1968 to establish grants to reduce the incidence 

of hate crimes, and for other purposes. 

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 ‘‘Hate Crime Victim 

5 Assistance Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Hate crimes have been on the rise over the 

9 previous years across the United States. In 2015, 


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1 according to the Federal Bureau of Investigation 

2 (FBI), 56.9 percent of single-bias incidents were 

3 motivated by either race, ethnicity or ancestry bias. 

4 (2) The same report mentions that 21.4 percent 

5 were prompted by religious bias; 18.1 percent sexual 

6 orientation bias; 2.0 percent gender-identity bias; 

7 and 1.3 percent disability bias. 

8 (3) Out of the 56.9 percent of the single-bias 

9 incidents that were motivated by race reported to 

10 the FBI in 2015, 9.4 percent of these were classified 

11 as anti-Hispanic or Latino, and 3.3 percent of these 

12 single bias incidents had an anti-Asian bias. 

13 (4) Previous data from the FBI suggest that 

14 hate crimes against African Americans have seen a 

15 dramatic increase over the years. Such trends can be 

16 traced back to 2003, when hate crimes against Afri17 can Americans were twice as much as all other race 

18 groups combined. 

19 (5) A 2015 study conducted by the Los Angeles 

20 County Commission on Human Relations notes that 

21 half of the hate crimes in Los Angeles County were 

22 racially motivated—58 percent of those attacks tar23 geted the County’s African-American population, al24 though they only constituted 4 percent of the coun25 ty’s population. 


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1 (6) Previous research suggests that Black males 

2 are also more vulnerable to violent victimization. 

3 Furthermore, data suggest that communities of color 

4 continue to be victims of hate crime violence. 

5 (7) The Los Angeles County Commission on 

6 Human Relations report found that the number of 

7 hate crimes targeting Asian and Pacific islanders 

8 tripled from six to eighteen since 2014. The same 

9 report notes that Anti-Latino hate crimes also rose 

10 from 36 in 2014 to 61 in 2015. 

11 (8) A study conducted by the Human Rights 

12 Campaign notes that out of the number of hate 

13 crimes committed against the transgender commu14 nity from 2013–2015, at least 87 percent of victims 

15 were transgender people of color. 

16 (9) Only 16, or 30 percent, were killed in 

17 States that have hate crime laws that account for 

18 crimes motivated by the victim’s gender identity; but 

19 despite these provisions and a Federal hate crime 

20 law, not a single one of these murders was pros21 ecuted or reported to the FBI as a hate crime. 

22 (10) The United States is currently facing a 

23 surge in religious bias. According to the Southern 

24 Poverty Law Center, there are currently 917 hate 

25 groups operating across the country. 


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1 (11) A CNN report found that in the first 

2 months of 2017 the country experienced a substan3 tial increase in Anti-Semitic incidents. In compari4 son to the same period in 2016, Anti-Semitic inci5 dents were 86 percent higher. 

6 (12) Historically hate crimes have gone under 

7 reported. On average there are 250,000 hate crime 

8 victims each year, of which only one-third are re9 ported to the police. 

10 (13) It is Congress’ responsibility to provide for 

11 sustainable and feasible solutions to reduce, prevent 

12 and mitigate underlying factors responsible for bias 

13 incidents. 

14 SEC. 3. LOCAL HATE CRIME HOTLINES AND HATE CRIME 

15 INFORMATION AND ASSISTANCE WEB SITES. 

16 Title I of the Omnibus Crime Control and Safe 

17 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 

18 by adding at the end the following: 

19 ‘‘PART MM—HATE CRIME HOTLINES AND 

20 WEBSITES 

21 ‘‘SEC. 3031. HATE CRIME HOTLINES AND WEBSITES. 

22 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen23 eral shall make grants to States, units of local govern24 ment, or any combination thereof, in partnership with 


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1 stakeholders, service providers, and nonprofit organiza2 tions. 

3 ‘‘(b) MANDATORY GRANT USES.—Grant funds shall 

4 be expended for each of the following purposes: 

5 ‘‘(1) HATE CRIME INFORMATION AND ASSIST6 ANCE WEBSITE.—To provide for the establishment 

7 and operation of a hate crime information and as8 sistance website, which shall be a highly secure 

9 Internet website that provides information and as10 sistance to victims of hate crimes. In establishing 

11 and operating the hate crime information and assist12 ance website, the grantee shall— 

13 ‘‘(A) use grant funds for startup and oper14 ational costs associated with establishing and 

15 operating the website; 

16 ‘‘(B) provide accurate information that de17 scribes the services available to victims of hate 

18 crimes, including health care and mental health 

19 services, social services, transportation, and 

20 other relevant services; and 

21 ‘‘(C) make the website available to the op22 erator of the hate crime hotline established or 

23 expanded pursuant to paragraph (2). 

24 ‘‘(2) HATE CRIME HOTLINES.—To establish or 

25 expand a hate crime hotline to provide information 


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1 and assistance to victims of hate crimes. In addition, 

2 grantees may, in operating the hotline, work in con3 junction with other local programs and activities 

4 that serve targeted areas and that provide legal, 

5 health (including physical and mental health), and 

6 other support services to victims of hate crimes. In 

7 establishing and operating the hotline, the entity 

8 shall— 

9 ‘‘(A) contract with a carrier for the use of 

10 a toll-free telephone line; 

11 ‘‘(B) employ, train (including technology 

12 training), and supervise personnel to answer in13 coming calls and provide counseling and refer14 ral services to callers on a 24-hour-a-day basis; 

15 ‘‘(C) assemble and maintain a current 

16 database of information relating to services for 

17 victims of hate crimes to which callers through18 out the United States may be referred; and 

19 ‘‘(D) be prohibited from asking hotline 

20 callers about their citizenship status. 

21 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to require any shelter or service 

23 provider, whether public or private, to be linked to the 

24 hate crime information and assistance website or to proVerDate Sep 11 2014 21:39 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H223.IH H223

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1 vide information to the recipient of the grant described 

2 in paragraph (1) or to the website. 

3 ‘‘(d) APPLICATION.—The Attorney General may ap4 prove an application for a grant under this section only 

5 if such application— 

6 ‘‘(1) contains such agreements, assurances, and 

7 information, be in such form, and be submitted in 

8 such manner, as the Attorney General shall by rule 

9 require; 

10 ‘‘(2) in the case of an application for a grant 

11 to carry out activities described in subsection (b)(2), 

12 includes a complete description of the applicant’s 

13 plan for the operation of a hate crime hotline, in14 cluding descriptions of— 

15 ‘‘(A) the training program for hotline per16 sonnel, including technology training to ensure 

17 that all persons affiliated with the hotline are 

18 able to effectively operate any technological sys19 tems used by the hotline; 

20 ‘‘(B) the hiring criteria for hotline per21 sonnel; 

22 ‘‘(C) the methods for the creation, mainte23 nance, and updating of a resource database; 

24 ‘‘(D) a plan for publicizing the availability 

25 of the hotline; 


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1 ‘‘(E) a plan for providing service to non2 English speaking callers that— 

3 ‘‘(i) is based on data from the Bureau 

4 of the Census and be consistent with the 

5 local area demographics where the hate 

6 crime hotline will operate—such plan will 

7 outline which languages are most prevalent 

8 and commonly requested for translation 

9 services; or 

10 ‘‘(ii) is based on qualitative and quan11 titative observation from community serv12 ice providers including those that provide 

13 health and mental health services, social 

14 services, transportation, and other relevant 

15 services; and 

16 ‘‘(F) a plan for facilitating access to the 

17 hotline by persons with hearing impairments; 

18 and 

19 ‘‘(3) in the case of an application for a grant 

20 to carry out activities described in subsection 

21 (b)(1)— 

22 ‘‘(A) include a complete description of the 

23 applicant’s plan for the development, operation, 

24 maintenance, and updating of information and 


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1 resources of the hate crime information and as2 sistance website; 

3 ‘‘(B) include a certification that the appli4 cant will implement a high-level security system 

5 to ensure the confidentiality of the website, tak6 ing into consideration the safety of hate crime 

7 victims; 

8 ‘‘(C) include an assurance that, after the 

9 third year of the website project, the recipient 

10 of the grant will develop a plan to secure other 

11 public or private funding resources to ensure 

12 the continued operation and maintenance of the 

13 website; 

14 ‘‘(D) demonstrate that the applicant has 

15 recognized expertise in the area of hate crimes 

16 and a record of high quality service to victims 

17 of hate crimes, including a demonstration of 

18 support from advocacy groups; and 

19 ‘‘(E) demonstrate that the applicant has a 

20 commitment to diversity, and to the provision of 

21 services to the ethnic, racial, religious, and non22 English speaking minorities, in addition to 

23 older individuals, individuals with disabilities, 

24 and individuals of various gender, gender iden25 tity, and sexual orientation. 


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1 ‘‘(e) RENEWAL OF GRANTS.—A grant made under 

2 this part may be renewed, without limitations on the dura3 tion of such renewal, to provide additional funds, if the 

4 Attorney General determines that the funds made avail5 able to the recipient were used in a manner required under 

6 an approved application and if the recipient can dem7 onstrate significant progress in achieving the objectives of 

8 the initial application. 

9 ‘‘(f) NO-COST EXTENSIONS.—Notwithstanding sub10 section (e), the Attorney General may extend a grant pe11 riod, without limitations as to the duration of such exten12 sion, to provide additional time to complete the objectives 

13 of the initial grant award. 

14 ‘‘(g) DEFINITIONS.—For the purposes of this part: 

15 ‘‘(1) The term ‘hate crime’ means a crime in 

16 which the defendant intentionally selects a victim, or 

17 in the case of a property crime, the property that is 

18 the object of the crime, because of the actual or per19 ceived race, color, religion, national origin, ethnicity, 

20 gender, gender identity, disability, or sexual orienta21 tion of any person. 

22 ‘‘(2) The term ‘targeted area’ means an area 

23 with a demonstrated lack of resources, as deter24 mined by the Attorney General, for victims of hate 

25 crimes. 


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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 

2 ‘‘(1) IN GENERAL.—There is authorized to be 

3 appropriated to carry out this section $20,000,000 

4 for fiscal year 2020 and each succeeding fiscal year. 

5 ‘‘(2) WEBSITE.—Of the amounts appropriated, 

6 not less than 10 percent shall be used for purposes 

7 of carrying out activities under subsection (b)(1). 

8 ‘‘(3) AVAILABILITY.—Funds authorized to be 

9 appropriated under this section may remain avail10 able until expended. 

11 ‘‘SEC. 3032. REPORT. 

12 ‘‘A State or unit of local government that receives 

13 funds under this part during a fiscal year shall submit 

14 to the Attorney General a description and an evaluation 

15 report on a date specified by the Attorney General regard16 ing the effectiveness of the programs carried out with a 

17 grant under this part.’’. 

18 SEC. 4. LOCAL LAW ENFORCEMENT HATE CRIME EDU19 CATION AND TRAINING GRANT PROGRAM. 

20 Title I of such Act, as amended, is further amended 

21 by inserting after part MM the following: 


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1 ‘‘PART NN—HATE CRIME EDUCATION AND 

2 TRAINING GRANT PROGRAM 

3 ‘‘SEC. 3041. HATE CRIME EDUCATION AND TRAINING GRANT 

4 PROGRAM. 

5 ‘‘(a) GRANT AUTHORIZATION.— 

6 ‘‘(1) IN GENERAL.—The Attorney General shall 

7 establish a program to make grants to States and 

8 units of local government for any purpose described 

9 in paragraph (2). 

10 ‘‘(2) PURPOSE.—The purpose of the grant pro11 gram under this subsection is to enable a law en12 forcement agency of a State or unit of local govern13 ment to establish and carry out education and train14 ing programs on solving and preventing hate crimes 

15 and establishing community dialogue with groups 

16 whose members are at-risk of being victims of hate 

17 crimes. 

18 ‘‘(3) ELIGIBILITY.—To be eligible to receive a 

19 grant under this part, a State or unit of local gov20 ernment shall be in compliance with reporting re21 quirements applicable to such entity pursuant to the 

22 Hate Crimes Statistics Act (28 U.S.C. 534 note). 

23 ‘‘(b) PREFERENTIAL CONSIDERATION OF CERTAIN

24 GRANT APPLICATIONS.—The Attorney General shall give 

25 priority in considering applications that show dispropor26 tionate hate crime activity relative to the total population 


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1 within the local area where the education and training pro2 gram will operate. 

3 ‘‘(c) DISPROPORTIONATE HATE CRIME ACTIVITY.— 

4 For the purposes of this section, the Attorney General, 

5 in consultation with the Bureau of the Census, shall de6 velop guidelines that define and quantify levels of hate 

7 crime activity using statistical data from the Census and 

8 data available from the Hate Crimes Statistics Act. 

9 ‘‘(d) CONTENTS.—In accordance with such require10 ments as the Attorney General may by rule establish, each 

11 application for a grant under this section shall— 

12 ‘‘(1) include a long-term strategy and detailed 

13 implementation plan that reflects consultation with 

14 community groups and appropriate stakeholders; 

15 ‘‘(2) demonstrate a specific public safety need; 

16 ‘‘(3) explain the applicant’s inability to address 

17 the need without Federal assistance; 

18 ‘‘(4) identify related governmental and commu19 nity initiatives which compliment or will be coordi20 nated with the proposal; 

21 ‘‘(5) certify that there has been appropriate co22 ordination with all affected agencies; 

23 ‘‘(6) explain how the grant will be used to reori24 ent the affected law enforcement agency’s mission 

25 toward community-oriented policing or enhance its 


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1 involvement in or commitment to community-ori2 ented policing; and 

3 ‘‘(7) provide assurances that the applicant will, 

4 to the extent practicable, seek, recruit, and hire 

5 members of racial and ethnic minority groups and 

6 women in order to increase their ranks within the 

7 sworn positions in the law enforcement agency. 

8 ‘‘(e) RENEWAL OF GRANTS.—A grant made under 

9 this part may be renewed, without limitations on the dura10 tion of such renewal, to provide additional funds, if the 

11 Attorney General determines that the funds made avail12 able to the recipient were used in a manner required under 

13 an approved application and if the recipient can dem14 onstrate significant progress in achieving the objectives of 

15 the initial application. 

16 ‘‘(f) NO-COST EXTENSIONS.—Notwithstanding sub17 section (e), the Attorney General may extend a grant pe18 riod, without limitations as to the duration of such exten19 sion, to provide additional time to complete the objectives 

20 of the initial grant award. 

21 ‘‘(g) SUSPENSION OF FUNDS.—If the Attorney Gen22 eral determines that a grant recipient under this section 

23 is not in substantial compliance with the terms and re24 quirements of an approved grant application, the Attorney 


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1 General may revoke or suspend funding of that grant, in 

2 whole, or in part. 

3 ‘‘(h) AVAILABILITY AND AUDITING.—The Attorney 

4 General shall have access for the purpose of audit and ex5 amination to any pertinent books, documents, papers, or 

6 records of a grant recipient under this section and to the 

7 pertinent books, documents, papers, or records of State 

8 and local governments, persons, businesses, and other en9 tities that are involved in programs, projects, or activities 

10 for which assistance is provided under this part. 

11 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $15,000,000 for the fiscal year 2020 and each succeeding 

14 fiscal year. 

15 ‘‘SEC. 3042. REPORT. 

16 ‘‘A State or unit of local government that receives 

17 funds under this part during a fiscal year shall submit 

18 to the Attorney General a description and an evaluation 

19 report on a date specified by the Attorney General regard20 ing the effectiveness of the programs carried out with a 

21 grant under this part.’’. 

22 SEC. 5. COMMUNITY BASED RESPONSES TO HATE CRIMES. 

23 (a) IN GENERAL.—The Attorney General shall estab24 lish a grant program within the Office for Victims of 

25 Crime in the Office of Justice Programs, under which the 


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1 Attorney General may award grants to local community 

2 based organizations, nonprofit organizations, and faith3 based organizations to establish or expand local programs 

4 and activities that serve targeted areas and that provide 

5 legal, health (including physical and mental health), and 

6 other support services to victims of hate crimes as defined 

7 in subsection (g)(1) of section 3. Grant funds may be used 

8 for activities including— 

9 (1) hiring counselors; 

10 (2) providing training and resources to victims; 

11 and 

12 (3) language support services. 

13 (b) TARGETED AREA DEFINED.—For the purposes 

14 of this section, a targeted area shall be defined as the area 

15 described in and defined in subsection (g)(2) of section 

16 3 of this Act. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $15,000,000 for the fiscal year 2020 and each succeeding 

20 fiscal year. 

21 SEC. 6. DATABASE OF HATE CRIME REPORTS TO LOCAL 

22 HOTLINES. 

23 (a) IN GENERAL.—A grantee receiving funds under 

24 this Act shall, on the date that is 1 year after the date 

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1 mit to the appropriate State Attorney General, and the 

2 Attorney General, an annual report of hate crimes re3 ported to the hotlines established under part MM of the 

4 Omnibus Crime Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3711 et seq.). 

6 (b) REPORT CONTENTS.—The report in subsection 

7 (a) shall include the following information with respect to 

8 each hate crime reported: 

9 (1) A description of hate crimes that occurred 

10 in the State, including a description of where the 

11 hate crimes occurred in the grantee’s State. 

12 (2) The frequency, in total number and percent13 age terms, of the use of weapons in reported hate 

14 crimes in the grantee’s State. 

15 (3) A summary of the total number of hate 

16 crimes that were reported in the grantee’s State. 

17 (4) A description of the methodologies used by 

18 the grantee to collect data. 

19 (c) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to require the publication of per21 sonally identifiable data, which include the names, ad22 dresses, or physical description of any victims or persons 

23 reporting hate crimes. 

24 (d) ADDITIONAL REPORTING REQUIREMENTS PER25 MITTED FOR CERTAIN REPORTS.—The Attorney General 


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1 may, during the first 180 days after the Act’s enactment, 

2 prescribe additional reporting requirements for reports 

3 submitted to the Federal Government, subject to the limi4 tations in subsection (d), to ensure consistent data report5 ing. 

Æ 


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