ing and recording information on crimes, including 
violence motivated by the actual or perceived race, 
color, religion, national origin, gender, sexual ori-
entation, gender identity, or disability of the victim. 
(14) 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. 
SEC. 3. HATE CRIME PREVENTION AND RESPONSE. 
Part B of title I of the Higher Education Act of 1965 
is amended by adding at the end the following: 
‘‘SEC. 124. HATE CRIME PREVENTION AND RESPONSE. 
‘‘(a) RESTRICTION ON ELIGIBILITY.—Notwithstand-
ing any other provision of law, no institution of higher 
education shall be eligible to receive funds or any other 
form of financial assistance under any program under title 
IV, unless the institution certifies to the Secretary that 
the institution has adopted and has implemented a pro-
gram to prevent and adequately respond to hate crimes 
within the jurisdiction of the institution or by students 
and employees that, at a minimum, includes— 
‘‘(1) the annual distribution to each student 
and employee of— 
‘‘(A) standards of conduct and the applica-
ble sanctions that clearly prohibit, at a min-
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imum, the acts or threats of violence, property 
damage, harassment, intimidation, or other 
crimes that specifically target an individual 
based on their race, religion, ethnicity, handi-
cap, sexual orientation, gender, or gender iden-
tification by students and employees on the in-
stitution’s property or as a part of any of the 
institution’s activities; 
‘‘(B) a clear definition of what constitutes 
a hate crime or hate incident under Federal 
and State law or other applicable authority; 
‘‘(C) a description of the applicable legal 
sanctions under local, State, or Federal law for 
perpetrating a hate crime; 
‘‘(D) a description of any counseling, med-
ical treatment, or rehabilitation programs that 
are available to students or employees that are 
victims of hate crimes or other hate-based 
incidences; 
‘‘(E) a description of applicable services 
for students to be able to switch dorms, classes, 
or make other arrangements should they feel 
unsafe in those spaces due to a hate crime 
which affects such space; and 
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‘‘(F) a distinct statement that the institu-
tion will impose sanctions on students and em-
ployees (consistent with local, State, and Fed-
eral law), and a description of those sanctions, 
up to and including expulsion or termination of 
employment and referral for prosecution, for 
violations of the standards of conduct required 
by subparagraph (A); and 
‘‘(2) a quadrennial review by the institution of 
the institution’s program to— 
‘‘(A) determine the program’s effectiveness 
and implement changes to the program if the 
changes are needed; 
‘‘(B) determine the number of hate crimes 
and fatalities that— 
‘‘(i) occur on the institution’s campus 
(as defined in section 485(f)(6)), or as 
part of any of the institution’s activities; 
and 
‘‘(ii) are reported to campus officials 
or nonaffiliated local law enforcement 
agencies with jurisdiction over the incident; 
‘‘(C) determine the number, type, and se-
verity of sanctions described in paragraph 
(1)(F) that are imposed by the institution as a 
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result of hate crimes and fatalities on the insti-
tution’s campus or as part of any of the institu-
tion’s activities; and 
‘‘(D) ensure that sanctions required by 
paragraph (1)(F) are consistently enforced. 
‘‘(b) INFORMATION AVAILABILITY.—Each institution 
of higher education that provides the certification required 
by subsection (a) shall, upon request, make available to 
the Secretary and to the public a copy of each item re-
quired by subsection (a)(1) as well as the results of the 
biennial review required by subsection (a)(2). 
‘‘(1) REGULATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
publish regulations to implement and enforce 
the provisions of this section, including regula-
tions that provide for— 
‘‘(i) the periodic review of a represent-
ative sample of programs required by sub-
section (a); and 
‘‘(ii) a range of responses and sanc-
tions for institutions of higher education 
that fail to implement their programs or to 
consistently enforce their sanctions, includ-
ing information and technical assistance, 
the development of a compliance agree-
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ment, and the termination of any form of 
Federal financial assistance. 
‘‘(B) INCLUSIVITY
PROGRAM.—The sanc-
tions required by subsection (a)(1)(F) that are 
imposed by the institution of higher education, 
may include an inclusivity program as an ex-
plicit condition of remaining enrolled at the in-
stitution of higher education, that the defend-
ant successfully undertake educational classes 
or community service directly related to the 
community harmed by the respondent’s offense. 
‘‘(2) APPEALS.—Upon determination by the 
Secretary to terminate financial assistance to any in-
stitution of higher education under this section, the 
institution may file an appeal with an administrative 
law judge before the expiration of the 30-day period 
beginning on the date such institution is notified of 
the decision to terminate financial assistance under 
this section. Such judge shall hold a hearing with re-
spect to such termination of assistance before the 
expiration of the 45-day period beginning on the 
date that such appeal is filed. Such judge may ex-
tend such 45-day period upon a motion by the insti-
tution concerned. The decision of the judge with re-
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spect to such termination shall be considered to be 
a final agency action. 
‘‘(3) HATE CRIME PREVENTION AND RESPONSE 
GRANTS.— 
‘‘(A) PROGRAM
AUTHORITY.—The Sec-
retary may make grants to institutions of high-
er education or consortia of such institutions, 
and enter into contracts with such institutions, 
consortia, and other organizations, to develop, 
implement, operate, improve, and disseminate 
programs of prevention, and education to re-
duce and eliminate hate crimes. Such grants or 
contracts may also be used for the support of 
a higher education center for hate crime pre-
vention and response that will provide training, 
technical assistance, evaluation, dissemination, 
and associated services and assistance to the 
higher education community as determined by 
the Secretary and institutions of higher edu-
cation. 
‘‘(B) 
AWARDS.—Grants 
and 
contracts 
shall be awarded under subparagraph (A) on a 
by needs basis. 
‘‘(C) APPLICATIONS.—An institution of 
higher education or a consortium of such insti-
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tutions that desires to receive a grant or con-
tract under paragraph (A) shall submit an ap-
plication to the Secretary at such time, in such 
manner, and containing or accompanied by 
such information as the Secretary may reason-
ably require by regulation. 
‘‘(D) ADDITIONAL REQUIREMENTS.— 
‘‘(i) 
PARTICIPATION.—In 
awarding 
grants and contracts under this subsection 
the Secretary shall make every effort to 
ensure— 
‘‘(I) the equitable participation of 
private and public institutions of high-
er education (including community 
and junior colleges); and 
‘‘(II) the equitable geographic 
participation of such institutions. 
‘‘(ii) CONSIDERATION.—In awarding 
grants and contracts under this subsection 
the Secretary shall give appropriate consid-
eration to institutions of higher education 
with limited enrollment. 
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this subsection such sums 
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as may be necessary for fiscal year 2020 and 
each of the 5 succeeding fiscal years. 
‘‘(4) DEFINITION.—The term ‘hate crime’ 
means any criminal offense perpetrated against a 
person or property that was motivated in whole or 
in part by an offender’s bias against a race, religion, 
disability, sexual orientation, ethnicity, gender, or 
gender identity.’’. 
SEC. 4. CLERY ACT AMENDMENTS. 
Section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092(f)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C)— 
(i) by striking ‘‘and’’ at the end of 
clause (ii); 
(ii) in clause (iii)— 
(I) by striking ‘‘encourage’’ and 
inserting ‘‘require’’; 
(II) by inserting ‘‘, including hate 
crimes,’’ after ‘‘all crimes’’; and 
(III) by striking the period at the 
end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
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‘‘(i) policies encourage officer develop-
ment training to specifically recognize, pre-
vent, and respond to hate crimes.’’; and 
(B) by adding at the end the following: 
‘‘(K) A statement of policy regarding hate- 
based crimes and the enforcement of Federal and 
State hate crime laws and a description of any hate 
crime prevention and response programs required 
under section 124.’’; and 
(2) in paragraph (6)(A), by adding at the end 
the following: 
‘‘(vi) The term ‘hate crime’ has the 
meaning 
given 
the 
term 
in 
section 
124(b)(4).’’. 
SEC. 5. PROGRAM PARTICIPATION AGREEMENTS. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)) is amended by adding at the end the 
following: 
‘‘(30) The institution will have hate 
crime prevention and response programs 
that the institution has determined to be 
accessible to any officer, employee, or stu-
dent at the institution and which meets the 
requirements of section 124.’’. 
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SEC. 6. ACCREDITING AGENCY RECOGNITION. 
Section 496(a)(5) of the Higher Education Act of 
1965 (20 U.S.C. 1099b(a)(5)) is amended— 
(1) in subparagraph (I), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (J), by inserting ‘‘and’’ 
after the semicolon; and 
(3) by inserting after subparagraph (J) and be-
fore the flush text, the following: 
‘‘(K) safety objectives with respect to hate 
crimes (defined in section 124(b)(4)) and the 
established measures and policies to combat 
such crimes;’’. 
Æ 
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