34 U.S.C. § 30507 — Jabara-Heyer NO HATE Act

(a) Short title. This section may be called 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 found: (1) hate crimes are a serious national problem; (2) FBI data shows such violence increased in 2019, the most recent year data was available; (3) the 1990 Hate Crime Statistics Act, along with the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, have helped federal authorities understand and, where appropriate, investigate and prosecute hate crimes; (4) fully understanding this problem serves the public interest and supports the federal interest described in section 249(b)(1)(C) of title 18; (5) that understanding is limited by incomplete data from federal, state, and local jurisdictions in the Uniform Crime Reports program; (6) a major reason for this incomplete data is uneven training for state and local police on identifying and reporting suspected bias-motivated crimes; (7) the problem is serious, widespread, and interstate enough to justify federal financial help to states and local jurisdictions; and (8) that federal help lets federal, state, and local authorities work together investigating and prosecuting hate crimes. (c) Definitions. This subsection defines five terms. "Hate crime" means an act described in section 245, 247, or 249 of title 18, or in section 3631 of title 42. "Priority agency" means (A) a local government's law enforcement agency serving at least 100,000 people, or (B) one serving between 50,000 and 100,000 people that has reported zero hate crimes through the Uniform Crime Reports program for each of the last three years data is available. "State" has the meaning given in section 10251 of this title. "Uniform Crime Reports" means the FBI-run reports authorized by section 534 of title 28 that compile nationwide crime statistics, used (A) for law enforcement administration and management, and (B) to assess crime's nature and type nationally. "Unit of local government" also has the meaning given in section 10251 of this title. (d) Reporting of hate crimes. The Attorney General may give states and local governments implementation grants to help them adopt the National Incident-Based Reporting System, including training staff to identify and classify hate crimes, prioritizing places that build the community programs described in subsection (f)(2)(A). Starting three years after a state or local government first gets such a grant, it must report hate crime information to the Attorney General each fiscal year through that system — though the Attorney General may grant a 120-day extension to those making a good-faith effort, and must waive the requirement entirely if compliance would be unconstitutional under the relevant state constitution. A grantee that substantially fails to comply must repay the grant in full, plus interest and any penalty the Attorney General sets. (e) Grants for State-run hate crime hotlines. The Attorney General must give states grants, of up to five years each, to create state-run hate crime hotlines. A funded hotline must direct people to law enforcement and local support services as appropriate; must not disclose a caller's personally identifiable information to any other state agency, another state, the federal government, or anyone else, without the caller's consent; must have trained staff who know the relevant hate-crime laws and local resources; and must be accessible to people with limited English proficiency and to people with disabilities. The Attorney General must issue best-practice guidance to help states meet these requirements. (f) Information collection by States and units of local government. Covered agencies are state law enforcement agencies and priority agencies; eligible entities are states, or local governments that have a priority agency. The Attorney General may give eligible entities grants to help their covered agencies prevent, address, or respond to hate crime — including adopting reporting policies, building standardized data systems, creating specialized units, doing community outreach, and training personnel — and states may pass part of that money on to local governments as subgrants. Each fiscal year a grantee receives this funding, it must collect a summary of these activities from every funded agency and report it to the Attorney General; each funded agency must, twice a year, disclose whether it has adopted a hate-crime policy, built a standardized data system, created a specialized unit, done community outreach, and how many trainings it has run and for how long. Starting one year after May 20, 2021, grantees must comply with these reporting duties, though the Attorney General may grant a 120-day extension for good-faith efforts and must waive the duty if compliance would be unconstitutional under the relevant state constitution. (g) Requirements of the Attorney General. To improve the accuracy of hate crime data and better understand the problem, the Attorney General must collect and analyze the information gathered under subsection (f), and, for each calendar year after May 20, 2021, publish and send Congress a report based on that analysis. The report must include a qualitative look at how the number of hate crimes reported through the Uniform Crime Reports program relates to the law enforcement and crime-reduction activity funded agencies carried out, and a quantitative count of how many funded agencies adopted a hate-crime policy, built a standardized data system, created a specialized unit, did community outreach, and conducted trainings — including how many trainings and how long they lasted. (h) Omitted. The supplied text marks subsection (h) as omitted; no content for it is provided here.