HR 2684 IHCommentsClose CommentsPermalink

To establish grant programs to provide for the establishment of a national hate crime hotline and a hate crime information and assistance website, to provide training and education to local law enforcement to prevent hate crimes, and to provide assistance to victims of hate crimes.CommentsClose CommentsPermalink

June 3, 2009CommentsClose CommentsPermalink

Mr. ISRAEL (for himself, Ms. VELAZQUEZ, and Mr. SERRANO) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To establish grant programs to provide for the establishment of a national hate crime hotline and a hate crime information and assistance website, to provide training and education to local law enforcement to prevent hate crimes, and to provide assistance to victims of hate crimes.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.

This Act may be cited as the ‘National Hate Crimes Hotline Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) On December 7, 2008, Jose Sucuzhan.AE6ay, an Ecuadorian-born real estate agent and father of two, was beaten to death in Brooklyn while walking with his brother, who was visiting from Ecuador. Three men with baseball bats attacked the brothers while shouting anti-gay and anti-Hispanic slurs.CommentsClose CommentsPermalink





(2) Marcelo Lucero, 37 years of age, came to the United States from Ecuador in 1993. He settled in Patchogue, New York, a middle-class village in central Long Island. He worked in a dry cleaning store and sent his savings home to his mother, a cancer survivor, whom he had not seen since he left 16 years ago. On the night of November 8, 2008, shortly before midnight, seven teenagers got out of their car and taunted Lucero with racist slurs as he walked home. They then beat and murdered Marcelo Lucero. According to the indictment, the boys set out that night to find someone of Hispanic heritage to assault.CommentsClose CommentsPermalink





(3) The number of hate groups in the United States has increased by 54 percent over the past 8 years.CommentsClose CommentsPermalink





(4) In 2008, the Federal Bureau of Investigation reported a 6 percent rise in the number of hate crimes against gay, lesbian, and transgender people.CommentsClose CommentsPermalink





(5) According to the Federal Bureau of Investigation, attacks on Hispanics grew 40 percent from 2003 to 2007, even though the Hispanic population only grew 16 percent in the same time period and the total number of hate crimes has remained steady.CommentsClose CommentsPermalink

SEC. 3. NATIONAL HATE CRIME HOTLINE AND HATE CRIME INFORMATION AND ASSISTANCE WEBSITE.

(a) In General- The Attorney General may award one or more grants to private, nonprofit entities--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 in this section referred to as the ‘national hate crime hotline’; andCommentsClose CommentsPermalink





(2) to provide for the establishment and operation of a highly secure Internet website to provide that information and assistance to such victims (hereafter in this section referred to as the ‘hate crime information and assistance website’).CommentsClose CommentsPermalink





(b) Duration- A grant under this section may extend over a period of not more than 5 years.CommentsClose CommentsPermalink





(c) Annual Approval- The provision of payments under a grant awarded under this section shall be subject to annual approval by the Attorney General and subject to the availability of appropriations for each fiscal year to make the payments.CommentsClose CommentsPermalink





(d) Hotline Activities- An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a)(1) shall use funds made available through the grant to establish and operate a national hate crime hotline. In establishing and operating the hotline, the entity shall--CommentsClose CommentsPermalink





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





(2) 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





(3) 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;CommentsClose CommentsPermalink





(4) publicize the national hate crime hotline to potential users throughout the United States; andCommentsClose CommentsPermalink





(5) be prohibited from asking hotline callers about their citizenship status.CommentsClose CommentsPermalink





(e) Secure Website Activities-CommentsClose CommentsPermalink





(1) IN GENERAL- An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a)(2) shall use funds made available through the grant to provide grants for startup and operational costs associated with establishing and operating a hate crime information and assistance website.CommentsClose CommentsPermalink





(2) AVAILABILITY- The hate crime information and assistance website shall be available to the entity operating the national hate crime hotline.CommentsClose CommentsPermalink





(3) INFORMATION- The hate crime information and assistance website shall provide accurate information that describes the services available to victims of hate crimes, including health care and mental health services, social services, transportation, and other relevant services.CommentsClose CommentsPermalink





(4) RULE OF CONSTRUCTION- Nothing in this section shall be construed to require any shelter or service provider, whether public or private, to be linked to the hate crime information and assistance website or to provide information to the recipient of the grant described in paragraph (1) or to the website.CommentsClose CommentsPermalink





(f) Application- The Attorney General may not award a grant under this section unless the Attorney General approves an application for such grant. To be approved by the Attorney General under this subsection an application shall--CommentsClose CommentsPermalink





(1) contain such agreements, assurances, and information, be in such form, and be submitted in such manner, as the Attorney General shall prescribe through notice in the Federal Register;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 hotline personnel, including technology training to ensure that all persons affiliated with the hotline are able to effectively operate any technological systems used by the hotline;CommentsClose CommentsPermalink





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





(C) the methods for the creation, maintenance, and updating of a resource database;CommentsClose CommentsPermalink





(D) a plan for publicizing the availability of the hotline;CommentsClose CommentsPermalink





(E) a plan for providing service to non-English speaking callers, including service through hotline personnel who speak Spanish; andCommentsClose CommentsPermalink





(F) a plan for facilitating access to the hotline by persons with hearing impairments;CommentsClose CommentsPermalink





(3) in the case of an application for a grant to carry out activities described in subsection (a)(2)--CommentsClose CommentsPermalink





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





(B) include a certification that the applicant will implement a high level security system to ensure the confidentiality of the website, taking into consideration the safety of hate crime victims; andCommentsClose CommentsPermalink





(C) include an assurance that, after the third year of the website project, the recipient of the grant will develop a plan to secure other public or private funding resources to ensure the continued operation and maintenance of the website;CommentsClose CommentsPermalink





(4) demonstrate that the applicant has recognized expertise in the area of hate crimes and a record of high quality service to victims of hate crimes, including a demonstration of support from advocacy groups;CommentsClose CommentsPermalink





(5) demonstrate that the applicant has a commitment to diversity, and to the provision of services to ethnic, racial, religious, and non-English speaking minorities, in addition to older individuals, individuals with disabilities, and individuals of various gender, gender identity, and sexual orientation; andCommentsClose CommentsPermalink





(6) contain such other information as the Attorney General may require.CommentsClose CommentsPermalink





(g) Hate Crime Defined- For purposes of this Act, the term ‘hate crime’ means a crime in which the defendant intentionally selects 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, gender identity, disability, or sexual orientation of any person.CommentsClose CommentsPermalink





(h) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- There is authorized to be appropriated to carry out this section $3,500,000 for each of fiscal years 2010 through 2014.CommentsClose CommentsPermalink





(2) WEBSITE- Of the amounts appropriated pursuant to paragraph (1) for a year, not less than 10 percent shall be used for purposes of carrying out subsection (a)(2).CommentsClose CommentsPermalink





(3) AVAILABILITY- Funds authorized to be appropriated under paragraph (1) may remain available until expended.CommentsClose CommentsPermalink

SEC. 4. LOCAL LAW ENFORCEMENT EDUCATION AND TRAINING GRANT PROGRAM.

(a) In General- The Attorney General may award grants to eligible State and local law enforcement entities for educational and training programs on solving hate crimes (as defined in section 1(g)) and establishing community dialogues with groups whose members are at-risk of being victims of such hate crimes.CommentsClose CommentsPermalink





(b) Eligibility- To be eligible to receive a grant under subsection (a), a State or local law enforcement entity must be in compliance with reporting requirements applicable to such entity pursuant to the Hate Crimes Statistics Act (28 U.S.C. 534 note).CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2010 and each succeeding fiscal year.CommentsClose CommentsPermalink

SEC. 5. LOCAL RESOURCES TO COMBAT HATE CRIMES GRANT PROGRAM.

(a) In General- The Attorney General shall establish a grant program within the Office for Victims of Crime in the Office of Justice Programs, under which the Attorney General may award grants to local community based organizations, nonprofit organizations, and faith-based organizations to establish or expand local programs and activities that serve targeted areas and that provide legal, health (including physical and mental health), and other support services to victims of hate crimes (as defined in section (1)(g)). Grant funds may be used for activities including hiring counselors and providing training, resources, language support services, and information to such victims.CommentsClose CommentsPermalink





(b) Targeted Area Defined- For purposes of this section, the term ‘targeted area’ means an area with a demonstrated lack of resources, as determined by the Attorney General, for victims of hate crimes.CommentsClose CommentsPermalink





(c) Funding Restriction- None of the funds from a grant made under this section may be used--CommentsClose CommentsPermalink





(1) by an organization that discriminates against an individual on the basis of religion; orCommentsClose CommentsPermalink





(2) for purposes of promoting religious beliefs or views.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2010 and each succeeding fiscal year.CommentsClose CommentsPermalink