II 118th CONGRESS 1st Session S. 2030 IN THE SENATE OF THE UNITED STATES June 15, 2023 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a United States Commission on Hate Crimes to study and make recommendations on the prevention of the commission of hate crimes, and for other purposes.

1. Short title This Act may be cited as the Hate Crimes Commission Act of 2023 . 2. Findings The Congress finds as follows: (1) The Federal Bureau of Investigation (referred to in this section as the FBI ) defines a hate crime as a criminal offense—such as murder, arson, or vandalism—against a person or property motivated in whole or in part by an offender’s bias against a race, color, national origin, religion, disability, sexual orientation, ethnicity, gender, or gender identity. (2) Forty-six States and the District of Columbia have statutes criminalizing various types of bias-motivated violence or intimidation. (3) Congress has enacted various statutes to address hate crimes since 1968, with the most recent statute, the COVID–19 Hate Crimes Act ( Public Law 117–113 ; 135 Stat. 265), enacted in 2021. (4) In 2021, the FBI reported 10,840 single-bias incidents, an increase of nearly 12 percent from 2020. (5) Hate crimes not only damage the individual victim or victims, but also traumatize entire communities and erode public confidence in their safety. (6) In 2021— (A) 64.5 percent of victims were targeted because of the offender's race, ethnicity, or ancestry bias; (B) 15.9 percent of victims were targeted because of the offender's sexual orientation bias; (C) 14.1 percent of victims were targeted because of the offender's religious bias; (D) 3.2 percent of victims were targeted because of the offender's gender identity bias; (E) 1.4 percent of victims were targeted because of the offender's disability bias; and (F) 1 percent of victims were targeted because of the offender's gender bias. (7) In testimony before the Committee on Homeland Security of the House of Representatives in September 2020, FBI Director Christopher Wray said, Within the domestic terrorism bucket, the category as a whole, racially motivated violent extremism is, I think, the biggest bucket within that larger group. And within the racially motivated violent extremist bucket, people subscribing to some kind of white supremacist-type ideology is certainly the biggest chunk of that. . (8) In August 2012, a shooting at the gurdwara in Oak Creek, Wisconsin, left 6 people dead, and a seventh victim of the shooting succumbed to his injuries in 2020. (9) In October 2018, a shooting at the Tree of Life synagogue in Pittsburgh, Pennsylvania, left 11 people dead. (10) In July 2019, a Hindu priest in New York City was hospitalized after a man attacked him and screamed this is my neighborhood during the incident. (11) In August 2019, an assailant entered a Walmart in El Paso, Texas, to target Hispanic immigrants and left 22 people dead. (12) In November 2020, a woman shouted anti-Muslim slurs and attacked a couple in New York City, leaving one victim needing surgery for facial fractures. (13) In March 2021, a gunman targeted 3 spas across Atlanta, Georgia, killing 8 people, 6 of whom were Asian women. (14) In May 2022, a gunman injured 3 people after entering a Korean-owned business in Dallas, Texas, and firing 13 rounds before fleeing. (15) In May 2022, a gunman targeted a Tops supermarket located in a predominantly Black neighborhood in Buffalo, New York, killing 10 people and injuring 3 others. Of the 13 victims, 11 were Black. (16) In November 2022, a gunman killed 5 people and wounded 25 others after opening fire on an LGBTQ+ nightclub in Colorado Springs, Colorado. (17) In response to the COVID–19 pandemic, Asian Americans have suffered an increasing number of hate crimes. According to Stop AAPI Hate, nearly 11,500 hate incidents toward Asian Americans and Pacific Islanders were reported between March 2020 and March 2022. (18) The Anti-Defamation League (commonly known as the ADL ) annually surveys and reports anti-Semitic hate incidents across the country. In 2022, the ADL reported a 36-percent increase in anti-Semitic incidents compared to 2021. (19) In the original 2021 Hate Crime Statistics published by the FBI in December 2022, the FBI acknowledged the significant discrepancy in reporting from local law enforcement agencies as a result of transitioning to the National Incident-Based Reporting System. Due to the lack of reporting by local enforcement agencies, the FBI acknowledged that the 2021 Hate Crime Statistics cannot be compared reliably across years. (20) In March 2023, the FBI released supplemental data for the 2021 Hate Crime Statistics consisting of data collected through the Summary Reporting System by local law enforcement agencies. (21) There is a clear need for stronger action to accurately report and effectively combat hate-based attacks. 3. Establishment of commission (a) Establishment There is established the United States Commission on Hate Crimes (in this Act referred to as the Commission ). (b) Membership (1) Size of Commission The Commission shall be composed of 12 members. (2) Appointment Members of the Commission shall be appointed in accordance with the following: (A) Two members shall be appointed by the majority leader of the Senate. (B) Two members shall be appointed by the minority leader of the Senate. (C) Two members shall be appointed by the Speaker of the House of Representatives. (D) Two members shall be appointed by the minority leader of the House of Representatives. (E) Two members shall be appointed by the Attorney General. (F) Two members shall be appointed by the Secretary of Health and Human Services. (3) Limitations Not more than 5 members of the Commission may be from the law enforcement community and not more than 5 members of the Commission may be from the civil rights community. (4) Deadline Each member of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. (c) Meetings The Commission shall hold its first meeting not later than 90 days after the date as of which all members of the Commission have been appointed under subsection (b)(2). 4. Duties of the commission (a) Definition In this section, the term hate crime means an offense under section 249 of title 18, United States Code. (b) Investigation The Commission shall investigate the following: (1) Whether the number of hate crimes committed has increased during the period beginning on January 1, 2015, and ending on the date that is 60 days after the date of enactment of this Act. (2) To the extent that the Commission determines under paragraph (1) that the number of hate crimes committed has increased, the factors that have contributed to the increase. (3) Policies or actions that law enforcement agencies might adopt or engage in to reduce the commission of hate crimes. (4) The impact of underreporting on hate crimes statistics and hate crimes prevention. (5) Ways to improve hate crimes reporting and ensure full and complete participation in the National Incident-Based Reporting System by local law enforcement agencies, including by identifying any barriers that may deter such reporting. (6) Bias prevention efforts and responses to hate crimes that are successful and possible through coordination with nonprofit organizations, local education agencies, and government entities. (7) The prevalence and rise of online hate crime incidents. 5. Report Not later than 1 year after the date as of which all members of the Commission have been appointed under section 3(b)(2), the Commission shall submit a report to Congress and the President that sets forth the results of the investigation conducted under section 4, including recommendations for— (1) actions Federal agencies can take to help improve hate crimes reporting by local law enforcement agencies, as described in section 4(b)(5); and (2) bias prevention efforts and responses to hate crimes, as described in section 4(b)(6).