HR 262 IHCommentsClose CommentsPermalink

To prevent hate crimes, to provide support services for victims of hate crimes, and for other purposes.CommentsClose CommentsPermalink

January 7, 2009CommentsClose CommentsPermalink

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 concernedCommentsClose CommentsPermalink

To prevent hate crimes, to provide support services for victims of hate crimes, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘David Ray Ritcheson Hate Crime Prevention Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink

TITLE I--ASSISTANCE FOR VICTIMS OF HATE CRIMES

Sec. 101. Unemployment compensation.CommentsClose CommentsPermalink





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





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





Sec. 104. Temporary housing assistance.CommentsClose CommentsPermalink





Sec. 105. Counseling grant program.CommentsClose CommentsPermalink

TITLE II--RESOURCES

Sec. 201. National clearinghouse and resource center.CommentsClose CommentsPermalink





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





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

TITLE III--EDUCATION AND PREVENTION SERVICES

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





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

TITLE I--ASSISTANCE FOR VICTIMS OF HATE CRIMESCommentsClose CommentsPermalink

SEC. 101. UNEMPLOYMENT COMPENSATION.

(a) Unemployment Compensation- Subsection (a) of section 3304 of the Internal Revenue Code of 1986 is amended by striking ‘and’ at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ‘; and’, and by inserting after paragraph (19) the following new paragraph:CommentsClose CommentsPermalink





‘(20) compensation shall be payable in the case of an individual separated from employment due to circumstances directly resulting from the individual’s experience as a victim of a hate crime.’;CommentsClose CommentsPermalink





(b) Special Rules Relating to Hate Crimes- Section 3304 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Special Rules Relating to Hate Crimes-CommentsClose CommentsPermalink





‘(1) For purposes of determining, under subsection (a)(20), whether an individual’s separation from employment shall be treated as directly resulting from the individual’s experience as a victim of a hate crime, it shall be sufficient if the separation from employment resulted from--CommentsClose CommentsPermalink





‘(A) the individual’s relocation to another geographic area in order to avoid future hate crimes against the individual or the individual’s family;CommentsClose CommentsPermalink





‘(B) the individual’s need to recover from physical injury or emotional distress resulting from the individual’s experience as a victim of a hate crime; orCommentsClose CommentsPermalink





‘(C) the employer’s denial of the individual’s request for the temporary leave from employment authorized by section 102 of the Family and Medical Leave Act of 1993 to address the hate crime and its consequences.CommentsClose CommentsPermalink





‘(2) For purposes of this section, the term ‘hate crime’ means a criminal offense in which the prosecutor has determined that the defendant intentionally selected a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.’.CommentsClose CommentsPermalink

SEC. 102. INSURANCE PROTECTION FOR VICTIMS OF HATE CRIMES.

(a) Discrimination Prohibited- An insurer may not take into account whether a person is or has been a victim of a hate crime when making a determination with respect to--CommentsClose CommentsPermalink





(1) the eligibility (including continued eligibility) of such person to enroll (or continue enrollment) under the terms of the plan, coverage, or policy of insurance involved;CommentsClose CommentsPermalink





(2) the rate or premium of a plan or policy of insurance involved; andCommentsClose CommentsPermalink





(3) the amount of coverage provided (or a determination of coverage for a claim made) under the plan, coverage, or policy of insurance involved.CommentsClose CommentsPermalink





(b) Definitions-CommentsClose CommentsPermalink





(1) HATE CRIME- For purposes of this section, the term ‘hate crime’ means a criminal offense in which the prosecutor has determined that the defendant intentionally selected a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.CommentsClose CommentsPermalink





(2) INSURER- For purposes of this section, the term ‘insurer’ includes a group health plan (as defined in section 2791(a) of the Public Health Service Health Act (42 U.S.C. 300gg-91(a)), a health insurance issuer (as defined in section 2791(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-91(b)(2)) offering group insurance coverage in connection with a group health plan, and individual health insurance coverage (as defined in section 2791(b)(5) of the Public Health Service Health Act (42 U.S.C. 300gg-91(b)(5)).CommentsClose CommentsPermalink





(c) Effect on Other Laws- Nothing in this section shall be construed to preempt any law, rule, or regulation of a State or political subdivision of a State.CommentsClose CommentsPermalink

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

(a) Entitlement to Leave for Victims of Hate Crimes-CommentsClose CommentsPermalink





(1) AUTHORITY FOR LEAVE- Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(F) In order to care for the spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent is addressing a hate crime and its consequences.CommentsClose CommentsPermalink





‘(G) Because the employee is addressing a hate crime and its consequences, the employee is unable to perform the functions of the position of such employee.’.CommentsClose CommentsPermalink





(2) DEFINITIONS- Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(20) HATE CRIME- The term ‘hate crime’ means a criminal offense in which the prosecutor has determined that the defendant intentionally selected a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.CommentsClose CommentsPermalink





‘(21) ADDRESSING A HATE CRIME AND ITS CONSEQUENCES- The term ‘addressing a hate crime and its consequences’ means--CommentsClose CommentsPermalink





‘(A) seeking medical attention for or recovering from injuries caused by being a victim of a hate crime;CommentsClose CommentsPermalink





‘(B) seeking legal assistance or remedies, including communicating with the police or an attorney, or participating in any legal proceeding related to being a victim of a hate crime;CommentsClose CommentsPermalink





‘(C) attending support groups for victims of hate crimes; andCommentsClose CommentsPermalink





‘(D) obtaining psychological counseling related to the experience of being a victim of a hate crime.’.CommentsClose CommentsPermalink





(3) INTERMITTENT OR REDUCED LEAVE- Section 102(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(3) HATE CRIMES- Leave under subparagraph (F) or (G) of subsection (a)(1) may be taken by an employee intermittently or on a reduced leave schedule. The taking of leave intermittently or on a reduced leave schedule pursuant to this paragraph shall not result in a reduction in the total amount of leave to which the employee is entitled under subsection (a) beyond the amount of leave actually taken.’.CommentsClose CommentsPermalink





(4) PAID LEAVE- Section 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) is amended by striking ‘(C), or (E)’ and inserting ‘(C), (E), (F), or (G)’.CommentsClose CommentsPermalink





(5) CERTIFICATION- Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) Hate Crimes-CommentsClose CommentsPermalink





‘(1) IN GENERAL- An employer may require that a request for leave under subparagraph (F) or (G) of section 102(a)(1) be supported by documentation of the hate crime.CommentsClose CommentsPermalink





‘(2) CONFIDENTIALITY- An employer shall keep any information relating to a hate crime experienced by the employee or the spouse, son, daughter, or parent of the employee confidential, including an employee’s statement, any corroborating evidence, and the fact that the employee has requested leave for the purpose of addressing a hate crime and its consequences, except to the extent--CommentsClose CommentsPermalink





‘(A) consented to by the employee where disclosure is necessary to protect the employee’s safety or the safety of coworkers; orCommentsClose CommentsPermalink





‘(B) requested by the employee to document a hate crime to a court or agency.’.CommentsClose CommentsPermalink





(b) Entitlement to Leave for Federal Employees as Victims of Hate Crimes-CommentsClose CommentsPermalink





(1) AUTHORITY FOR LEAVE- Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(E) In order to care for the spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent is addressing a hate crime and its consequences.CommentsClose CommentsPermalink





‘(F) Because the employee is addressing a hate crime and its consequences, the employee is unable to perform the functions of the employee’s position.’.CommentsClose CommentsPermalink





(2) DEFINITIONS- Section 6381 of title 5, United States Code, is amended by striking ‘and’ at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting a semicolon, and by adding at the end the following:CommentsClose CommentsPermalink





‘(12) the term ‘hate crime’ means a criminal offense in which the prosecutor has determined that the defendant intentionally selected a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person; andCommentsClose CommentsPermalink





‘(13) the term ‘addressing a hate crime and its consequences’ means--CommentsClose CommentsPermalink





‘(A) seeking medical attention for or recovering from injuries caused by being a victim of a hate crime;CommentsClose CommentsPermalink





‘(B) seeking legal assistance or remedies, including communicating with the police or an attorney, or participating in any legal proceeding related to being a victim of a hate crime;CommentsClose CommentsPermalink





‘(C) attending support groups for victims of hate crimes; andCommentsClose CommentsPermalink





‘(D) obtaining psychological counseling related to the experience of being a victim of a hate crime.’.CommentsClose CommentsPermalink





(3) INTERMITTENT OR REDUCED LEAVE- Section 6382(b) of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(3) Leave under subparagraph (E) or (F) of subsection (a)(1) may be taken by an employee intermittently or on a reduced leave schedule. The taking of leave intermittently or on a reduced leave schedule pursuant to this paragraph shall not result in a reduction in the total amount of leave to which the employee is entitled under subsection (a) beyond the amount of leave actually taken.’.CommentsClose CommentsPermalink





(4) OTHER LEAVE- Section 6382(d) of title 5, United States Code, is amended by striking ‘(C) or (D)’ and inserting ‘(C), (D), (E), or (F)’.CommentsClose CommentsPermalink





(5) CERTIFICATION- Section 6383 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g)CommentsClose CommentsPermalink





‘(1) An employing agency may require that a request for leave under subparagraph (E) or (F) of section 6382(a)(1) be supported by documentation of the hate crime.CommentsClose CommentsPermalink





‘(2) An employing agency shall keep any information related to a hate crime experienced by an employee or the spouse, son, daughter, or parent of the employee confidential, including an employee’s statement, any corroborating evidence, and the fact that an employee has requested leave for the purpose of addressing a hate crime and its consequences, except to the extent--CommentsClose CommentsPermalink





‘(A) consented to by the employee where disclosure is necessary to protect the employee’s safety or the safety of coworkers; orCommentsClose CommentsPermalink





‘(B) requested by the employee to provide documentation to a court or agency.’.CommentsClose CommentsPermalink





(c) Existing Leave Usable for Victims of a Hate Crime-CommentsClose CommentsPermalink





(1) USE OF EXISTING LEAVE- Where an employee would be otherwise entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment pursuant to Federal or State law, an existing benefits program or plan, or a collective bargaining agreement, such employee shall be permitted to use such leave for the purpose of addressing a hate crime and its consequences, or for the purpose of caring for the spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent is addressing a hate crime and its consequences.CommentsClose CommentsPermalink





(2) DEFINITIONS- As used in this subsection:CommentsClose CommentsPermalink





(A) HATE CRIME- The term ‘hate crime’ has the meaning given such term by section 101(20) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(20)), as amended by section 103(a) of this Act.CommentsClose CommentsPermalink





(B) ADDRESSING A HATE CRIME AND ITS CONSEQUENCES- The term ‘addressing a hate crime and its consequences’ has the meaning given such phrase by section 101(21) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(21)), as amended by section 103(a) of this Act.CommentsClose CommentsPermalink





(C) EMPLOYER- The term ‘employer’ includes any person acting directly or indirectly in the interest of an employer in relation to any employee, who is subject to the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) or to any State law or benefits program or plan addressing paid or unpaid leave from employment (including family, medical, sick, annual, personal, or similar leave). The term does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of an officer or agent of such labor organization.CommentsClose CommentsPermalink





(D) EMPLOYEE- The term ‘employee’ has the meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)).CommentsClose CommentsPermalink





(3) CERTIFICATION- An employer may require that a request for leave described in paragraph (1) be supported by documentation of the hate crime.CommentsClose CommentsPermalink





(4) CONFIDENTIALITY- An employer shall keep any information relating to a hate crime experienced by an employee or the spouse, son, daughter, or parent of the employee confidential, including an employee’s statement, any documentation or corroborating evidence, or the fact that the employee has requested leave for the purpose of addressing hate crimes and its consequences, except to the extent--CommentsClose CommentsPermalink





(A) consented to by the employee in order to protect the employee’s safety or the safety of coworkers; orCommentsClose CommentsPermalink





(B) requested by the employee to document hate crimes to a court or agency.CommentsClose CommentsPermalink





(5) ENFORCEMENT-CommentsClose CommentsPermalink





(A) PUBLIC ENFORCEMENT- The Secretary of Labor shall have the powers set forth in subsections (b), (c), (d), and (e) of section 107 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617) for the purpose of public enforcement of any alleged violation of this subsection against any employer.CommentsClose CommentsPermalink





(B) PRIVATE ENFORCEMENT- The remedies and procedures set forth in subsection (a) of section 107 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617) shall be the remedies and procedures pursuant to which an employee may initiate a legal action against an employer for alleged violations of this subsection.CommentsClose CommentsPermalink





(C) EMPLOYER LIABILITY UNDER OTHER LAWS- Nothing in this section shall be construed to limit the liability pursuant to any other State or Federal law or legal remedy of an employer to an employee for harm suffered relating to the employee’s experience as a victim of a hate crime.CommentsClose CommentsPermalink

SEC. 104. TEMPORARY HOUSING ASSISTANCE.

(a) In General- The Secretary of Housing and Urban Development (hereafter in this section referred to as the ‘Secretary’) may award grants to qualified organizations (as determined by the Secretary) under this section to carry out programs to provide assistance--CommentsClose CommentsPermalink





(1) to individuals--CommentsClose CommentsPermalink





(A) who are victims of a hate crime;CommentsClose CommentsPermalink





(B) homeless or in need of transitional housing or other housing assistance as a result of being a victim of a hate crime; andCommentsClose CommentsPermalink





(C) for whom emergency shelter services are unavailable or insufficient; andCommentsClose CommentsPermalink





(2) dependents of individuals described in paragraph (1).CommentsClose CommentsPermalink





(b) Assistance Described- Assistance provided under this section may include--CommentsClose CommentsPermalink





(1) short-term housing assistance, including rent, utilities payments assistance, and assistance with related expenses, such as payment of security deposits and other costs incidental to relocation to transitional housing; andCommentsClose CommentsPermalink





(2) support services designed to enable an individual or dependents of such individual to locate and secure permanent housing, and to integrate the individual or dependents of such individual into a community, such as transportation, counseling, child care services, case management, employment counseling, and other assistance.CommentsClose CommentsPermalink





(c) Application- To be eligible to receive a grant under this section for any fiscal year, a qualified organization shall submit an application to the Secretary in such form and containing such information as the Secretary may require.CommentsClose CommentsPermalink





(d) Reports-CommentsClose CommentsPermalink





(1) REPORT TO SECRETARY- An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report describing the number of individuals and dependents assisted, and the types of housing assistance and support services provided under this section. Each report shall include information on the purpose and amount of housing assistance provided to each individual or dependent assisted under this section, and the type of support services provided to each individual or dependent assisted under this section.CommentsClose CommentsPermalink





(2) REPORT TO CONGRESS- The Secretary shall annually prepare and submit to Congress a report that contains a compilation of the information contained in reports submitted under paragraph (1).CommentsClose CommentsPermalink





(e) Supplement Not Supplant- Funds made available under this section shall supplement, and not supplant, other Federal, State, or local funds available to an entity to carry out activities described in this section.CommentsClose CommentsPermalink





(f) Definition of Hate Crime- For purposes of this section, the term ‘hate crime’ means a criminal offense in which the prosecutor has determined that the defendant intentionally selected a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.CommentsClose CommentsPermalink





(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink

SEC. 105. COUNSELING GRANT PROGRAM.

(a) Authorization and Establishment of Grant Program- The Attorney General may award grants to qualified organizations (as determined by the Attorney General) to assist in the establishment, maintenance, and expansion of programs and projects to provide counseling and related assistance to victims of hate crimes and their dependents.CommentsClose CommentsPermalink





(b) Application- To be eligible to receive a grant under this section for any fiscal year, a qualified organization shall submit an application to the Attorney General in such form and containing such information as the Attorney General may require.CommentsClose CommentsPermalink





(c) Use of Grant Funds- The grant funds provided under this section shall be used to carry out programs and projects that provide counseling and related assistance to victims of hate crimes and their dependents.CommentsClose CommentsPermalink





(d) Supplement Not Supplant- Funds made available under this section shall supplement, and not supplant, other Federal, State, or local funds available to an entity to carry out activities described in this section.CommentsClose CommentsPermalink





(e) Definitions- For the purposes of this section--CommentsClose CommentsPermalink





(1) the term ‘counseling’ includes emergency, short-term, long-term, individual, and group counseling services; andCommentsClose CommentsPermalink





(2) the term ‘related assistance’ includes--CommentsClose CommentsPermalink





(A) assistance with respect to obtaining financial assistance under Federal and State programs;CommentsClose CommentsPermalink





(B) referrals for appropriate health care services;CommentsClose CommentsPermalink





(C) legal assistance to provide victims of hate crimes with information and assistance through the civil and criminal courts; andCommentsClose CommentsPermalink





(D) other supportive services, as determined to be appropriate by the Attorney General.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink

TITLE II--RESOURCESCommentsClose CommentsPermalink

SEC. 201. NATIONAL CLEARINGHOUSE AND RESOURCE CENTER.

(a) Establishment of National Clearinghouse- The Attorney General may award a grant to a private nonprofit organization to establish and operate a national clearinghouse and resource center to collect, prepare, and analyze information and statistics and analyses of the information and statistics relating to the incidence and prevention of hate crimes.CommentsClose CommentsPermalink





(b) Application- To be eligible to receive a grant under this section a private nonprofit organization shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require.CommentsClose CommentsPermalink





(c) Report- An organization that receives a grant under this section shall annually prepare and submit to the Attorney General a report on the information and statistics collected and analyzed by the national clearinghouse and resource center.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink

SEC. 202. NATIONAL HATE CRIME HOTLINE AND INTERNET WEBSITE GRANT.

(a) In General- The Attorney General may award one or more grants to qualified organizations (as determined by the Attorney General)--CommentsClose CommentsPermalink





(1) to provide for the establishment and operation of a national, toll-free telephone hotline to provide information and assistance to victims of hate crimes (hereafter referred to as the ‘national hate crime hotline’); andCommentsClose CommentsPermalink





(2) to provide for the establishment and operation of an Internet website to provide information and assistance to victims of hate crimes (hereafter referred to as the ‘hate crime information and assistance website’).CommentsClose CommentsPermalink





(b) Use of Funds-CommentsClose CommentsPermalink





(1) NATIONAL HATE CRIME HOTLINE- An entity that receives a grant under this section for activities described in subsection (a)(1) shall use the funds made available through the grant to--CommentsClose CommentsPermalink





(A) contract with a carrier for the use of a toll-free telephone line;CommentsClose CommentsPermalink





(B) employ, train, (including technology training), and supervise personnel to answer incoming calls and provide counseling and referral services to callers on a 24-hour-a-day basis;CommentsClose CommentsPermalink





(C) assemble and maintain a current database of information relating to services for victims of hate crimes to which callers throughout the United States may be referred; andCommentsClose CommentsPermalink





(D) publicize the national hate crime hotline to potential users throughout the United States.CommentsClose CommentsPermalink





(2) WEBSITE- An entity that receives a grant under this section for activities described in subsection (a)(2) shall use funds made available through the grant to--CommentsClose CommentsPermalink





(A) establish and operate a hate crime information and assistance website; andCommentsClose CommentsPermalink





(B) provide information related to the services available to victims of hate crimes, including health care and mental health, legal, and other relevant services.CommentsClose CommentsPermalink





(c) Application- An application for a grant submitted to the Attorney General under this subsection shall--CommentsClose CommentsPermalink





(1) contain such agreements, assurances, and information, be in such form, and be submitted in such manner as the Attorney General requires;CommentsClose CommentsPermalink





(2) in the case of an application for a grant to carry out activities described in subsection (a)(1), include a complete description of the applicant’s plan for the operation of a national hate crime hotline, including descriptions of--CommentsClose CommentsPermalink





(A) the training program for national hate crime hotline personnel;CommentsClose CommentsPermalink





(B) the hiring criteria for national hate crime hotline personnel;CommentsClose CommentsPermalink





(C) a plan for publicizing the availability of the national hate crime hotline;CommentsClose CommentsPermalink





(D) a plan for providing service to non-English speaking callers; andCommentsClose CommentsPermalink





(E) a plan for facilitating access to the national hate crime hotline by hearing impaired individuals; andCommentsClose CommentsPermalink





(3) in the case of an application for a grant to carry out activities described in subsection (a)(2), include a complete description of the applicant’s plan for the operation of a hate crime information and assistance website, including--CommentsClose CommentsPermalink





(A) a description of the applicant’s plan for the development, operation, maintenance, and updating of information on and resources of the hate crime information and assistance website;CommentsClose CommentsPermalink





(B) an assurance that the applicant will implement a security system to ensure the confidentiality of the hate crime information and assistance website, and a description of such security system; andCommentsClose CommentsPermalink





(C) a description of the applicant’s plan to continue operation and maintenance of the hate crime information and assistance website after Federal funding under this section is no longer available.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink

SEC. 203. FEDERAL EMPLOYEE PROGRAMS RELATING TO HATE CRIMES.

(a) In General- The head of each agency of the Federal Government shall, in a manner consistent with guidelines prescribed under subsection (b) of this section and applicable provisions of law, establish appropriate prevention, treatment, and rehabilitation programs and services relating to hate crimes for employees of such agency.CommentsClose CommentsPermalink





(b) Functions- The functions of an agency head under this section shall--CommentsClose CommentsPermalink





(1) with respect to the judicial branch, be carried out by the Director of the Administrative Office of the United States Courts;CommentsClose CommentsPermalink





(2) with respect to the House of Representatives, be carried out by the Committee on House Administration of the House of Representatives; andCommentsClose CommentsPermalink





(3) with respect to the Senate, be carried out by the Committee on Rules and Administration of the Senate.CommentsClose CommentsPermalink





(c) Guidelines- The President shall designate one agency which shall--CommentsClose CommentsPermalink





(1) prescribe guidelines to be used by each agency of the Federal Government for programs and services under this section;CommentsClose CommentsPermalink





(2) on request of any agency, furnish information or technical advice on the design or operation of any program or service under this section; andCommentsClose CommentsPermalink





(3) submit to the President and the Congress, before January 1, 2011, and at least every 2 years thereafter, a written report on the operation of this section, including, with respect to the period covered by the report--CommentsClose CommentsPermalink





(A) a brief description of each of the various programs;CommentsClose CommentsPermalink





(B) the extent of employee participation in, and the costs to the Federal Government associated with, each of the various programs and services; andCommentsClose CommentsPermalink





(C) any other matter which may be appropriate to carry out the purposes of this section.CommentsClose CommentsPermalink





(d) Definitions- For the purpose of this section--CommentsClose CommentsPermalink





(1) the term ‘employee’ means an employee as defined by section 8101 of title 5, United States Code;CommentsClose CommentsPermalink





(2) the term ‘agency’ means--CommentsClose CommentsPermalink





(A) an Executive agency;CommentsClose CommentsPermalink





(B) an entity of the legislative branch; andCommentsClose CommentsPermalink





(C) the judicial branch; andCommentsClose CommentsPermalink





(3) the term ‘entity of the legislative branch’ means the House of Representatives, the Senate, the Architect of the Capitol (including the Botanic Garden), the Capitol Police, the Congressional Budget Office, the Government Printing Office, and the Library of Congress.CommentsClose CommentsPermalink

TITLE III--EDUCATION AND PREVENTION SERVICESCommentsClose CommentsPermalink

SEC. 301. ELEMENTARY AND SECONDARY HATE CRIME EDUCATIONAL GRANTS.

(a) Grant Authorization- The Secretary of Education (hereafter in this section referred to as the ‘Secretary’) is authorized to award grants to local educational agencies to improve and provide programs relating to hate crimes for elementary and secondary students and teachers.CommentsClose CommentsPermalink





(b) Use of Funds- Grants under this section may be used to improve and provide programs for elementary and secondary students and teachers, including--CommentsClose CommentsPermalink





(1) the provision of education and training programs to prevent and reduce the incidence of hate crimes;CommentsClose CommentsPermalink





(2) the development and acquisition of equipment and instructional materials to meet the needs of, or otherwise be part of, hate crime programs; andCommentsClose CommentsPermalink





(3) professional training and development for teachers and administrators on the causes and effects of hate crimes.CommentsClose CommentsPermalink





(c) Application- To be eligible to receive a grant under this section for any fiscal year, a local educational agency shall submit an application to the Secretary in such form and containing such information as the Secretary may require.CommentsClose CommentsPermalink





(d) Reports- Not later than one year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report containing a detailed statement regarding grants and awards, activities of grant recipients, and an evaluation of programs established under this section.CommentsClose CommentsPermalink





(e) Definition of Local Educational Agency- For the purposes of this section the term ‘local educational agency’ has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink

SEC. 302. COLLEGE AND UNIVERSITY HATE CRIME EDUCATIONAL GRANTS.

(a) Grant Authorization- The Secretary of Education (hereafter in this section referred to as the ‘Secretary’) is authorized to award grants to institutions of higher education to improve and provide programs relating to hate crimes for students and faculty of such institutions.CommentsClose CommentsPermalink





(b) Use of Funds- Grants under this section may be used to improve and provide programs in institutions of higher education, including--CommentsClose CommentsPermalink





(1) the development of education and training programs designed to prevent and reduce the incidence of hate crimes;CommentsClose CommentsPermalink





(2) the development and acquisition of equipment and instructional materials to meet the needs of, or otherwise be part of, hate crime programs; andCommentsClose CommentsPermalink





(3) professional training and development for faculty and administrators on the causes and effects of hate crimes.CommentsClose CommentsPermalink





(c) Application- To be eligible to receive a grant under this section for any fiscal year, an institution of higher education shall submit an application to the Secretary in such form and containing such information as the Secretary may require.CommentsClose CommentsPermalink





(d) Reports- Not later than one year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report containing a detailed statement regarding grants and awards, activities of grant recipients, and an evaluation of programs established under this section.CommentsClose CommentsPermalink





(e) Definition of Institution of Higher Education- For the purposes of this section the term ‘institution of higher education’ has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), but does not include any institution described in section 102(a)(1)(C) of such Act.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink