[117th Congress Public Law 13]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 265]]
Public Law 117-13
117th Congress
An Act
To facilitate the expedited review of COVID-19 hate crimes, and for
other purposes. <<NOTE: May 20, 2021 - [S. 937]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: COVID-19 Hate
Crimes Act.>>
SECTION 1. <<NOTE: 34 USC 10101 note.>> SHORT TITLE.
This Act may be cited as the ``COVID-19 Hate Crimes Act''.
SEC. 2. <<NOTE: 34 USC 30501 note.>> 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: <<NOTE: Xiaojie Tan. Daoyou
Feng. Delaina Ashley Yaun Gonzalez. Paul Andre Michels. Soon
Chung Park. Hyun Jung Grant. Suncha Kim. Yong Ae Yue.>>
(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
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those affected by this senseless tragedy and incidents of hate
that have affected the Asian and Pacific Islander communities.
SEC. 3. <<NOTE: 34 USC 30501 note.>> REVIEW OF HATE CRIMES.
(a) <<NOTE: Deadline. Designation.>> 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. <<NOTE: 34 USC 30501 note.>> 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) <<NOTE: Coordination.>> 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. <<NOTE: Khalid Jabara and Heather Heyer National
Opposition to Hate, Assault, and Threats to
Equality Act of 2021. 34 USC 30507.>> 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
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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.
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(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) <<NOTE: State and local governments.>> 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) <<NOTE: Time period. Effective date.>> 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;
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(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
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(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) <<NOTE: Reports.>> submit to the
Attorney General a report containing the
information collected under clause (i).
(B) Semiannual law enforcement agency report.--
(i) <<NOTE: Requirement.>> 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--
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(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) <<NOTE: Deadline.>> 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) <<NOTE: Time period. Effective date.>> 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) <<NOTE: Analysis.>> 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
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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) <<NOTE: Courts. Requirement.>> 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.''.
Approved May 20, 2021.
LEGISLATIVE HISTORY--S. 937:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
Apr. 19, 20, 22, considered and passed Senate.
May 18, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
May 20, Presidential remarks.
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