I 

111TH CONGRESS 

1ST SESSION H. R. 262 

To prevent hate crimes, to provide support services for victims of hate crimes, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2009 

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 

to the Committee on the Judiciary, and in addition to the Committees 

on Ways and Means, Energy and Commerce, Education and Labor, Oversight and Government Reform, House Administration, and Financial 

Services, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prevent hate crimes, to provide support services for 

victims 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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘David Ray Ritcheson Hate Crime Prevention Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 


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TITLE I—ASSISTANCE FOR VICTIMS OF HATE CRIMES 

Sec. 101. Unemployment compensation. 

Sec. 102. Insurance protection for victims of hate crimes. 

Sec. 103. Entitlement to leave for victims of hate crimes. 

Sec. 104. Temporary housing assistance. 

Sec. 105. Counseling grant program. 

TITLE II—RESOURCES 

Sec. 201. National clearinghouse and resource center. 

Sec. 202. National hate crime hotline and Internet website grant. 

Sec. 203. Federal employee programs relating to hate crimes. 

TITLE III—EDUCATION AND PREVENTION SERVICES 

Sec. 301. Elementary and secondary hate crime educational grants. 

Sec. 302. College and university hate crime educational grants. 

1 TITLE I—ASSISTANCE FOR 

2 VICTIMS OF HATE CRIMES 

3 SEC. 101. UNEMPLOYMENT COMPENSATION. 

4 (a) UNEMPLOYMENT COMPENSATION.—Subsection 

5 (a) of section 3304 of the Internal Revenue Code of 1986 

6 is amended by striking ‘‘and’’ at the end of paragraph 

7 (18), by striking the period at the end of paragraph (19) 

8 and inserting ‘‘; and’’, and by inserting after paragraph 

9 (19) the following new paragraph: 

10 ‘‘(20) compensation shall be payable in the case 

11 of an individual separated from employment due to 

12 circumstances directly resulting from the individual’s 

13 experience as a victim of a hate crime.’’; 

14 (b) SPECIAL RULES RELATING TO HATE CRIMES.— 

15 Section 3304 of the Internal Revenue Code of 1986 is 

16 amended by adding at the end the following new sub17 section: 


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1 ‘‘(g) SPECIAL RULES RELATING TO HATE CRIMES.— 

2 ‘‘(1) For purposes of determining, under sub3 section (a)(20), whether an individual’s separation 

4 from employment shall be treated as directly result5 ing from the individual’s experience as a victim of a 

6 hate crime, it shall be sufficient if the separation 

7 from employment resulted from— 

8 ‘‘(A) the individual’s relocation to another 

9 geographic area in order to avoid future hate 

10 crimes against the individual or the individual’s 

11 family; 

12 ‘‘(B) the individual’s need to recover from 

13 physical injury or emotional distress resulting 

14 from the individual’s experience as a victim of 

15 a hate crime; or 

16 ‘‘(C) the employer’s denial of the individ17 ual’s request for the temporary leave from em18 ployment authorized by section 102 of the Fam19 ily and Medical Leave Act of 1993 to address 

20 the hate crime and its consequences. 

21 ‘‘(2) For purposes of this section, the term 

22 ‘hate crime’ means a criminal offense in which the 

23 prosecutor has determined that the defendant inten24 tionally selected a victim, or in the case of a prop25 erty crime, the property that is the object of the 


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1 crime, because of the actual or perceived race, color, 

2 religion, national origin, ethnicity, gender, disability, 

3 or sexual orientation of any person.’’. 

4 SEC. 102. INSURANCE PROTECTION FOR VICTIMS OF HATE 

5 CRIMES. 

6 (a) DISCRIMINATION PROHIBITED.—An insurer may 

7 not take into account whether a person is or has been a 

8 victim of a hate crime when making a determination with 

9 respect to— 

10 (1) the eligibility (including continued eligi11 bility) of such person to enroll (or continue enroll12 ment) under the terms of the plan, coverage, or pol13 icy of insurance involved; 

14 (2) the rate or premium of a plan or policy of 

15 insurance involved; and 

16 (3) the amount of coverage provided (or a de17 termination of coverage for a claim made) under the 

18 plan, coverage, or policy of insurance involved. 

19 (b) DEFINITIONS.— 

20 (1) HATE CRIME.—For purposes of this section, 

21 the term ‘‘hate crime’’ means a criminal offense in 

22 which the prosecutor has determined that the de23 fendant intentionally selected a victim, or in the case 

24 of a property crime, the property that is the object 

25 of the crime, because of the actual or perceived race, 


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1 color, religion, national origin, ethnicity, gender, dis2 ability, or sexual orientation of any person. 

3 (2) INSURER.—For purposes of this section, the 

4 term ‘‘insurer’’ includes a group health plan (as de5 fined in section 2791(a) of the Public Health Service 

6 Health Act (42 U.S.C. 300gg–91(a)), a health insur7 ance issuer (as defined in section 2791(b)(2) of the 

8 Public Health Service Act (42 U.S.C. 300gg– 

9 91(b)(2)) offering group insurance coverage in con10 nection with a group health plan, and individual 

11 health insurance coverage (as defined in section 

12 2791(b)(5) of the Public Health Service Health Act 

13 (42 U.S.C. 300gg–91(b)(5)). 

14 (c) EFFECT ON OTHER LAWS.—Nothing in this sec15 tion shall be construed to preempt any law, rule, or regula16 tion of a State or political subdivision of a State. 

17 SEC. 103. ENTITLEMENT TO LEAVE FOR VICTIMS OF HATE 

18 CRIMES. 

19 (a) ENTITLEMENT TO LEAVE FOR VICTIMS OF HATE

20 CRIMES.— 

21 (1) AUTHORITY FOR LEAVE.—Section 

22 102(a)(1) of the Family and Medical Leave Act of 

23 1993 (29 U.S.C. 2612(a)(1)) is amended by adding 

24 at the end the following: 


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1 ‘‘(F) In order to care for the spouse, or a 

2 son, daughter, or parent of the employee, if 

3 such spouse, son, daughter, or parent is ad4 dressing a hate crime and its consequences. 

5 ‘‘(G) Because the employee is addressing a 

6 hate crime and its consequences, the employee 

7 is unable to perform the functions of the posi8 tion of such employee.’’. 

9 (2) DEFINITIONS.—Section 101 of the Family 

10 and Medical Leave Act of 1993 (29 U.S.C. 2611) is 

11 amended by adding at the end the following: 

12 ‘‘(20) HATE CRIME.—The term ‘hate crime’ 

13 means a criminal offense in which the prosecutor 

14 has determined that the defendant intentionally se15 lected a victim, or in the case of a property crime, 

16 the property that is the object of the crime, because 

17 of the actual or perceived race, color, religion, na18 tional origin, ethnicity, gender, disability, or sexual 

19 orientation of any person. 

20 ‘‘(21) ADDRESSING A HATE CRIME AND ITS

21 CONSEQUENCES.—The term ‘addressing a hate 

22 crime and its consequences’ means— 

23 ‘‘(A) seeking medical attention for or re24 covering from injuries caused by being a victim 

25 of a hate crime; 


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1 ‘‘(B) seeking legal assistance or remedies, 

2 including communicating with the police or an 

3 attorney, or participating in any legal pro4 ceeding related to being a victim of a hate 

5 crime; 

6 ‘‘(C) attending support groups for victims 

7 of hate crimes; and 

8 ‘‘(D) obtaining psychological counseling re9 lated to the experience of being a victim of a 

10 hate crime.’’. 

11 (3) INTERMITTENT OR REDUCED LEAVE.—Sec12 tion 102(b) of the Family and Medical Leave Act of 

13 1993 (29 U.S.C. 2612(b)) is amended by adding at 

14 the end the following: 

15 ‘‘(3) HATE CRIMES.—Leave under subpara16 graph (F) or (G) of subsection (a)(1) may be taken 

17 by an employee intermittently or on a reduced leave 

18 schedule. The taking of leave intermittently or on a 

19 reduced leave schedule pursuant to this paragraph 

20 shall not result in a reduction in the total amount 

21 of leave to which the employee is entitled under sub22 section (a) beyond the amount of leave actually 

23 taken.’’. 

24 (4) PAID LEAVE.—Section 102(d)(2)(A) of the 

25 Family and Medical Leave Act of 1993 (29 U.S.C. 


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1 2612(d)(2)(A)) is amended by striking ‘‘(C), or (E)’’ 

2 and inserting ‘‘(C), (E), (F), or (G)’’. 

3 (5) CERTIFICATION.—Section 103 of the Fam4 ily and Medical Leave Act of 1993 (29 U.S.C. 2613) 

5 is amended by adding at the end the following: 

6 ‘‘(g) HATE CRIMES.— 

7 ‘‘(1) IN GENERAL.—An employer may require 

8 that a request for leave under subparagraph (F) or 

9 (G) of section 102(a)(1) be supported by documenta10 tion of the hate crime. 

11 ‘‘(2) CONFIDENTIALITY.—An employer shall 

12 keep any information relating to a hate crime experi13 enced by the employee or the spouse, son, daughter, 

14 or parent of the employee confidential, including an 

15 employee’s statement, any corroborating evidence, 

16 and the fact that the employee has requested leave 

17 for the purpose of addressing a hate crime and its 

18 consequences, except to the extent— 

19 ‘‘(A) consented to by the employee where 

20 disclosure is necessary to protect the employee’s 

21 safety or the safety of coworkers; or 

22 ‘‘(B) requested by the employee to docu23 ment a hate crime to a court or agency.’’. 

24 (b) ENTITLEMENT TO LEAVE FOR FEDERAL EM25 PLOYEES AS VICTIMS OF HATE CRIMES.— 


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1 (1) AUTHORITY FOR LEAVE.—Section 

2 6382(a)(1) of title 5, United States Code, is amend3 ed by adding at the end the following: 

4 ‘‘(E) In order to care for the spouse, or a son, 

5 daughter, or parent of the employee, if such spouse, 

6 son, daughter, or parent is addressing a hate crime 

7 and its consequences. 

8 ‘‘(F) Because the employee is addressing a hate 

9 crime and its consequences, the employee is unable 

10 to perform the functions of the employee’s posi11 tion.’’. 

12 (2) DEFINITIONS.—Section 6381 of title 5, 

13 United States Code, is amended by striking ‘‘and’’ 

14 at the end of paragraph (10), by striking the period 

15 at the end of paragraph (11) and inserting a semi16 colon, and by adding at the end the following: 

17 ‘‘(12) the term ‘hate crime’ means a criminal 

18 offense in which the prosecutor has determined that 

19 the defendant intentionally selected a victim, or in 

20 the case of a property crime, the property that is the 

21 object of the crime, because of the actual or per22 ceived race, color, religion, national origin, ethnicity, 

23 gender, disability, or sexual orientation of any per24 son; and 


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1 ‘‘(13) the term ‘addressing a hate crime and its 

2 consequences’ means— 

3 ‘‘(A) seeking medical attention for or re4 covering from injuries caused by being a victim 

5 of a hate crime; 

6 ‘‘(B) seeking legal assistance or remedies, 

7 including communicating with the police or an 

8 attorney, or participating in any legal pro9 ceeding related to being a victim of a hate 

10 crime; 

11 ‘‘(C) attending support groups for victims 

12 of hate crimes; and 

13 ‘‘(D) obtaining psychological counseling re14 lated to the experience of being a victim of a 

15 hate crime.’’. 

16 (3) INTERMITTENT OR REDUCED LEAVE.—Sec17 tion 6382(b) of title 5, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(3) Leave under subparagraph (E) or (F) of 

20 subsection (a)(1) may be taken by an employee 

21 intermittently or on a reduced leave schedule. The 

22 taking of leave intermittently or on a reduced leave 

23 schedule pursuant to this paragraph shall not result 

24 in a reduction in the total amount of leave to which 


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1 the employee is entitled under subsection (a) beyond 

2 the amount of leave actually taken.’’. 

3 (4) OTHER LEAVE.—Section 6382(d) of title 5, 

4 United States Code, is amended by striking ‘‘(C) or 

5 (D)’’ and inserting ‘‘(C), (D), (E), or (F)’’. 

6 (5) CERTIFICATION.—Section 6383 of title 5, 

7 United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘(g) 

10 ‘‘(1) An employing agency may require that a 

11 request for leave under subparagraph (E) or (F) of 

12 section 6382(a)(1) be supported by documentation 

13 of the hate crime. 

14 ‘‘(2) An employing agency shall keep any infor15 mation related to a hate crime experienced by an 

16 employee or the spouse, son, daughter, or parent of 

17 the employee confidential, including an employee’s 

18 statement, any corroborating evidence, and the fact 

19 that an employee has requested leave for the pur20 pose of addressing a hate crime and its con21 sequences, except to the extent— 

22 ‘‘(A) consented to by the employee where 

23 disclosure is necessary to protect the employee’s 

24 safety or the safety of coworkers; or 


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1 ‘‘(B) requested by the employee to provide 

2 documentation to a court or agency.’’. 

3 (c) EXISTING LEAVE USABLE FOR VICTIMS OF A

4 HATE CRIME.— 

5 (1) USE OF EXISTING LEAVE.—Where an em6 ployee would be otherwise entitled to take paid or 

7 unpaid leave (including family, medical, sick, annual, 

8 personal, or similar leave) from employment pursu9 ant to Federal or State law, an existing benefits pro10 gram or plan, or a collective bargaining agreement, 

11 such employee shall be permitted to use such leave 

12 for the purpose of addressing a hate crime and its 

13 consequences, or for the purpose of caring for the 

14 spouse, or a son, daughter, or parent of the em15 ployee, if such spouse, son, daughter, or parent is 

16 addressing a hate crime and its consequences. 

17 (2) DEFINITIONS.—As used in this subsection: 

18 (A) HATE CRIME.—The term ‘‘hate crime’’ 

19 has the meaning given such term by section 

20 101(20) of the Family and Medical Leave Act 

21 of 1993 (29 U.S.C. 2611(20)), as amended by 

22 section 103(a) of this Act. 

23 (B) ADDRESSING A HATE CRIME AND ITS

24 CONSEQUENCES.—The term ‘‘addressing a hate 

25 crime and its consequences’’ has the meaning 


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1 given such phrase by section 101(21) of the 

2 Family and Medical Leave Act of 1993 (29 

3 U.S.C. 2611(21)), as amended by section 

4 103(a) of this Act. 

5 (C) EMPLOYER.—The term ‘‘employer’’ in6 cludes any person acting directly or indirectly in 

7 the interest of an employer in relation to any 

8 employee, who is subject to the Family and 

9 Medical Leave Act of 1993 (29 U.S.C. 2601 et 

10 seq.) or to any State law or benefits program 

11 or plan addressing paid or unpaid leave from 

12 employment (including family, medical, sick, 

13 annual, personal, or similar leave). The term 

14 does not include any labor organization (other 

15 than when acting as an employer) or anyone 

16 acting in the capacity of an officer or agent of 

17 such labor organization. 

18 (D) EMPLOYEE.—The term ‘‘employee’’ 

19 has the meaning given such term in section 3(e) 

20 of the Fair Labor Standards Act of 1938 (29 

21 U.S.C. 203(e)). 

22 (3) CERTIFICATION.—An employer may require 

23 that a request for leave described in paragraph (1) 

24 be supported by documentation of the hate crime. 


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1 (4) CONFIDENTIALITY.—An employer shall 

2 keep any information relating to a hate crime experi3 enced by an employee or the spouse, son, daughter, 

4 or parent of the employee confidential, including an 

5 employee’s statement, any documentation or cor6 roborating evidence, or the fact that the employee 

7 has requested leave for the purpose of addressing 

8 hate crimes and its consequences, except to the ex9 tent— 

10 (A) consented to by the employee in order 

11 to protect the employee’s safety or the safety of 

12 coworkers; or 

13 (B) requested by the employee to docu14 ment hate crimes to a court or agency. 

15 (5) ENFORCEMENT.— 

16 (A) PUBLIC ENFORCEMENT.—The Sec17 retary of Labor shall have the powers set forth 

18 in subsections (b), (c), (d), and (e) of section 

19 107 of the Family and Medical Leave Act of 

20 1993 (29 U.S.C. 2617) for the purpose of pub21 lic enforcement of any alleged violation of this 

22 subsection against any employer. 

23 (B) PRIVATE ENFORCEMENT.—The rem24 edies and procedures set forth in subsection (a) 

25 of section 107 of the Family and Medical Leave 


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1 Act of 1993 (29 U.S.C. 2617) shall be the rem2 edies and procedures pursuant to which an em3 ployee may initiate a legal action against an 

4 employer for alleged violations of this sub5 section. 

6 (C) EMPLOYER LIABILITY UNDER OTHER

7 LAWS.—Nothing in this section shall be con8 strued to limit the liability pursuant to any 

9 other State or Federal law or legal remedy of 

10 an employer to an employee for harm suffered 

11 relating to the employee’s experience as a victim 

12 of a hate crime. 

13 SEC. 104. TEMPORARY HOUSING ASSISTANCE. 

14 (a) IN GENERAL.—The Secretary of Housing and 

15 Urban Development (hereafter in this section referred to 

16 as the ‘‘Secretary’’) may award grants to qualified organi17 zations (as determined by the Secretary) under this sec18 tion to carry out programs to provide assistance— 

19 (1) to individuals— 

20 (A) who are victims of a hate crime; 

21 (B) homeless or in need of transitional 

22 housing or other housing assistance as a result 

23 of being a victim of a hate crime; and 

24 (C) for whom emergency shelter services 

25 are unavailable or insufficient; and 


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1 (2) dependents of individuals described in para2 graph (1). 

3 (b) ASSISTANCE DESCRIBED.—Assistance provided 

4 under this section may include— 

5 (1) short-term housing assistance, including 

6 rent, utilities payments assistance, and assistance 

7 with related expenses, such as payment of security 

8 deposits and other costs incidental to relocation to 

9 transitional housing; and 

10 (2) support services designed to enable an indi11 vidual or dependents of such individual to locate and 

12 secure permanent housing, and to integrate the indi13 vidual or dependents of such individual into a com14 munity, such as transportation, counseling, child 

15 care services, case management, employment coun16 seling, and other assistance. 

17 (c) APPLICATION.—To be eligible to receive a grant 

18 under this section for any fiscal year, a qualified organiza19 tion shall submit an application to the Secretary in such 

20 form and containing such information as the Secretary 

21 may require. 

22 (d) REPORTS.— 

23 (1) REPORT TO SECRETARY.—An entity that 

24 receives a grant under this section shall annually 

25 prepare and submit to the Secretary a report deVerDate Nov 24 2008 00:51 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H262.IH H262

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1 scribing the number of individuals and dependents 

2 assisted, and the types of housing assistance and 

3 support services provided under this section. Each 

4 report shall include information on the purpose and 

5 amount of housing assistance provided to each indi6 vidual or dependent assisted under this section, and 

7 the type of support services provided to each indi8 vidual or dependent assisted under this section. 

9 (2) REPORT TO CONGRESS.—The Secretary 

10 shall annually prepare and submit to Congress a re11 port that contains a compilation of the information 

12 contained in reports submitted under paragraph (1). 

13 (e) SUPPLEMENT NOT SUPPLANT.—Funds made 

14 available under this section shall supplement, and not sup15 plant, other Federal, State, or local funds available to an 

16 entity to carry out activities described in this section. 

17 (f) DEFINITION OF HATE CRIME.—For purposes of 

18 this section, the term ‘‘hate crime’’ means a criminal of19 fense in which the prosecutor has determined that the de20 fendant intentionally selected a victim, or in the case of 

21 a property crime, the property that is the object of the 

22 crime, because of the actual or perceived race, color, reli23 gion, national origin, ethnicity, gender, disability, or sex24 ual orientation of any person. 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $10,000,000 for each of fiscal years 2010 through 2015. 

4 SEC. 105. COUNSELING GRANT PROGRAM. 

5 (a) AUTHORIZATION AND ESTABLISHMENT OF

6 GRANT PROGRAM.—The Attorney General may award 

7 grants to qualified organizations (as determined by the At8 torney General) to assist in the establishment, mainte9 nance, and expansion of programs and projects to provide 

10 counseling and related assistance to victims of hate crimes 

11 and their dependents. 

12 (b) APPLICATION.—To be eligible to receive a grant 

13 under this section for any fiscal year, a qualified organiza14 tion shall submit an application to the Attorney General 

15 in such form and containing such information as the At16 torney General may require. 

17 (c) USE OF GRANT FUNDS.—The grant funds pro18 vided under this section shall be used to carry out pro19 grams and projects that provide counseling and related as20 sistance to victims of hate crimes and their dependents. 

21 (d) SUPPLEMENT NOT SUPPLANT.—Funds made 

22 available under this section shall supplement, and not sup23 plant, other Federal, State, or local funds available to an 

24 entity to carry out activities described in this section. 


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1 (e) DEFINITIONS.—For the purposes of this sec2 tion— 

3 (1) the term ‘‘counseling’’ includes emergency, 

4 short-term, long-term, individual, and group coun5 seling services; and 

6 (2) the term ‘‘related assistance’’ includes— 

7 (A) assistance with respect to obtaining fi8 nancial assistance under Federal and State pro9 grams; 

10 (B) referrals for appropriate health care 

11 services; 

12 (C) legal assistance to provide victims of 

13 hate crimes with information and assistance 

14 through the civil and criminal courts; and 

15 (D) other supportive services, as deter16 mined to be appropriate by the Attorney Gen17 eral. 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $10,000,000 for each of fiscal years 2010 through 2015. 

21 TITLE II—RESOURCES 

22 SEC. 201. NATIONAL CLEARINGHOUSE AND RESOURCE 

23 CENTER. 

24 (a) ESTABLISHMENT OF NATIONAL CLEARING25 HOUSE.—The Attorney General may award a grant to a 


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1 private nonprofit organization to establish and operate a 

2 national clearinghouse and resource center to collect, pre3 pare, and analyze information and statistics and analyses 

4 of the information and statistics relating to the incidence 

5 and prevention of hate crimes. 

6 (b) APPLICATION.—To be eligible to receive a grant 

7 under this section a private nonprofit organization shall 

8 submit to the Attorney General an application at such 

9 time, in such manner, and containing such information as 

10 the Attorney General may require. 

11 (c) REPORT.—An organization that receives a grant 

12 under this section shall annually prepare and submit to 

13 the Attorney General a report on the information and sta14 tistics collected and analyzed by the national clearinghouse 

15 and resource center. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $10,000,000 for each of fiscal years 2010 through 2015. 

19 SEC. 202. NATIONAL HATE CRIME HOTLINE AND INTERNET 

20 WEBSITE GRANT. 

21 (a) IN GENERAL.—The Attorney General may award 

22 one or more grants to qualified organizations (as deter23 mined by the Attorney General)— 

24 (1) to provide for the establishment and oper25 ation of a national, toll-free telephone hotline to proVerDate Nov 24 2008 00:51 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H262.IH H262

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1 vide information and assistance to victims of hate 

2 crimes (hereafter referred to as the ‘‘national hate 

3 crime hotline’’); and 

4 (2) to provide for the establishment and oper5 ation of an Internet website to provide information 

6 and assistance to victims of hate crimes (hereafter 

7 referred to as the ‘‘hate crime information and as8 sistance website’’). 

9 (b) USE OF FUNDS.— 

10 (1) NATIONAL HATE CRIME HOTLINE.—An en11 tity that receives a grant under this section for ac12 tivities described in subsection (a)(1) shall use the 

13 funds made available through the grant to— 

14 (A) contract with a carrier for the use of 

15 a toll-free telephone line; 

16 (B) employ, train, (including technology 

17 training), and supervise personnel to answer in18 coming calls and provide counseling and refer19 ral services to callers on a 24-hour-a-day basis; 

20 (C) assemble and maintain a current data21 base of information relating to services for vic22 tims of hate crimes to which callers throughout 

23 the United States may be referred; and 


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1 (D) publicize the national hate crime hot2 line to potential users throughout the United 

3 States. 

4 (2) WEBSITE.—An entity that receives a grant 

5 under this section for activities described in sub6 section (a)(2) shall use funds made available 

7 through the grant to— 

8 (A) establish and operate a hate crime in9 formation and assistance website; and 

10 (B) provide information related to the 

11 services available to victims of hate crimes, in12 cluding health care and mental health, legal, 

13 and other relevant services. 

14 (c) APPLICATION.—An application for a grant sub15 mitted to the Attorney General under this subsection 

16 shall— 

17 (1) contain such agreements, assurances, and 

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

19 such manner as the Attorney General requires; 

20 (2) in the case of an application for a grant to 

21 carry out activities described in subsection (a)(1), in22 clude a complete description of the applicant’s plan 

23 for the operation of a national hate crime hotline, in24 cluding descriptions of— 


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1 (A) the training program for national hate 

2 crime hotline personnel; 

3 (B) the hiring criteria for national hate 

4 crime hotline personnel; 

5 (C) a plan for publicizing the availability of 

6 the national hate crime hotline; 

7 (D) a plan for providing service to non8 English speaking callers; and 

9 (E) a plan for facilitating access to the na10 tional hate crime hotline by hearing impaired 

11 individuals; and 

12 (3) in the case of an application for a grant to 

13 carry out activities described in subsection (a)(2), in14 clude a complete description of the applicant’s plan 

15 for the operation of a hate crime information and 

16 assistance website, including— 

17 (A) a description of the applicant’s plan 

18 for the development, operation, maintenance, 

19 and updating of information on and resources 

20 of the hate crime information and assistance 

21 website; 

22 (B) an assurance that the applicant will 

23 implement a security system to ensure the con24 fidentiality of the hate crime information and 


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1 assistance website, and a description of such se2 curity system; and 

3 (C) a description of the applicant’s plan to 

4 continue operation and maintenance of the hate 

5 crime information and assistance website after 

6 Federal funding under this section is no longer 

7 available. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $10,000,000 for each of fiscal years 2010 through 2015. 

11 SEC. 203. FEDERAL EMPLOYEE PROGRAMS RELATING TO 

12 HATE CRIMES. 

13 (a) IN GENERAL.—The head of each agency of the 

14 Federal Government shall, in a manner consistent with 

15 guidelines prescribed under subsection (b) of this section 

16 and applicable provisions of law, establish appropriate pre17 vention, treatment, and rehabilitation programs and serv18 ices relating to hate crimes for employees of such agency. 

19 (b) FUNCTIONS.—The functions of an agency head 

20 under this section shall— 

21 (1) with respect to the judicial branch, be car22 ried out by the Director of the Administrative Office 

23 of the United States Courts; 


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1 (2) with respect to the House of Representa2 tives, be carried out by the Committee on House Ad3 ministration of the House of Representatives; and 

4 (3) with respect to the Senate, be carried out 

5 by the Committee on Rules and Administration of 

6 the Senate. 

7 (c) GUIDELINES.—The President shall designate one 

8 agency which shall— 

9 (1) prescribe guidelines to be used by each 

10 agency of the Federal Government for programs and 

11 services under this section; 

12 (2) on request of any agency, furnish informa13 tion or technical advice on the design or operation 

14 of any program or service under this section; and 

15 (3) submit to the President and the Congress, 

16 before January 1, 2011, and at least every 2 years 

17 thereafter, a written report on the operation of this 

18 section, including, with respect to the period covered 

19 by the report— 

20 (A) a brief description of each of the var21 ious programs; 

22 (B) the extent of employee participation in, 

23 and the costs to the Federal Government asso24 ciated with, each of the various programs and 

25 services; and 


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1 (C) any other matter which may be appro2 priate to carry out the purposes of this section. 

3 (d) DEFINITIONS.—For the purpose of this section— 

4 (1) the term ‘‘employee’’ means an employee as 

5 defined by section 8101 of title 5, United States 

6 Code; 

7 (2) the term ‘‘agency’’ means— 

8 (A) an Executive agency; 

9 (B) an entity of the legislative branch; and 

10 (C) the judicial branch; and 

11 (3) the term ‘‘entity of the legislative branch’’ 

12 means the House of Representatives, the Senate, the 

13 Architect of the Capitol (including the Botanic Gar14 den), the Capitol Police, the Congressional Budget 

15 Office, the Government Printing Office, and the Li16 brary of Congress. 

17 TITLE III—EDUCATION AND 

18 PREVENTION SERVICES 

19 SEC. 301. ELEMENTARY AND SECONDARY HATE CRIME 

20 EDUCATIONAL GRANTS. 

21 (a) GRANT AUTHORIZATION.—The Secretary of Edu22 cation (hereafter in this section referred to as the ‘‘Sec23 retary’’) is authorized to award grants to local educational 

24 agencies to improve and provide programs relating to hate 


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1 crimes for elementary and secondary students and teach2 ers. 

3 (b) USE OF FUNDS.—Grants under this section may 

4 be used to improve and provide programs for elementary 

5 and secondary students and teachers, including— 

6 (1) the provision of education and training pro7 grams to prevent and reduce the incidence of hate 

8 crimes; 

9 (2) the development and acquisition of equip10 ment and instructional materials to meet the needs 

11 of, or otherwise be part of, hate crime programs; 

12 and 

13 (3) professional training and development for 

14 teachers and administrators on the causes and ef15 fects of hate crimes. 

16 (c) APPLICATION.—To be eligible to receive a grant 

17 under this section for any fiscal year, a local educational 

18 agency shall submit an application to the Secretary in 

19 such form and containing such information as the Sec20 retary may require. 

21 (d) REPORTS.—Not later than one year after the date 

22 of enactment of this Act, and annually thereafter, the Sec23 retary shall submit to Congress a report containing a de24 tailed statement regarding grants and awards, activities 


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1 of grant recipients, and an evaluation of programs estab2 lished under this section. 

3 (e) DEFINITION OF LOCAL EDUCATIONAL AGEN4 CY.—For the purposes of this section the term ‘‘local edu5 cational agency’’ has the meaning given such term in sec6 tion 9101 of the Elementary and Secondary Education 

7 Act of 1965 (20 U.S.C. 7801). 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $10,000,000 for each of fiscal years 2010 through 2015. 

11 SEC. 302. COLLEGE AND UNIVERSITY HATE CRIME EDU12 CATIONAL GRANTS. 

13 (a) GRANT AUTHORIZATION.—The Secretary of Edu14 cation (hereafter in this section referred to as the ‘‘Sec15 retary’’) is authorized to award grants to institutions of 

16 higher education to improve and provide programs relat17 ing to hate crimes for students and faculty of such institu18 tions. 

19 (b) USE OF FUNDS.—Grants under this section may 

20 be used to improve and provide programs in institutions 

21 of higher education, including— 

22 (1) the development of education and training 

23 programs designed to prevent and reduce the inci24 dence of hate crimes; 


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1 (2) the development and acquisition of equip2 ment and instructional materials to meet the needs 

3 of, or otherwise be part of, hate crime programs; 

4 and 

5 (3) professional training and development for 

6 faculty and administrators on the causes and effects 

7 of hate crimes. 

8 (c) APPLICATION.—To be eligible to receive a grant 

9 under this section for any fiscal year, an institution of 

10 higher education shall submit an application to the Sec11 retary in such form and containing such information as 

12 the Secretary may require. 

13 (d) REPORTS.—Not later than one year after the date 

14 of enactment of this Act, and annually thereafter, the Sec15 retary shall submit to Congress a report containing a de16 tailed statement regarding grants and awards, activities 

17 of grant recipients, and an evaluation of programs estab18 lished under this section. 

19 (e) DEFINITION OF INSTITUTION OF HIGHER EDU20 CATION.—For the purposes of this section the term ‘‘insti21 tution of higher education’’ has the meaning given the 

22 term in section 102 of the Higher Education Act of 1965 

23 (20 U.S.C. 1002), but does not include any institution de24 scribed in section 102(a)(1)(C) of such Act. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $10,000,000 for each of fiscal years 2010 through 2015. 

Æ 


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