[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6776 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6776
To prevent hate crimes, to provide support services for victims of hate
crimes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2008
Ms. Jackson-Lee of Texas (for herself, Ms. Edwards of Maryland, Ms.
Clarke, Mr. Kennedy, Mr. Payne, and Ms. Moore of Wisconsin) 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
concerned
_______________________________________________________________________
A BILL
To prevent hate crimes, to provide support services for victims of hate
crimes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--ASSISTANCE FOR VICTIMS OF HATE CRIMES
Sec. 101. Unemployment compensation.
Sec. 102. Insurance protection for victims of hate crimes.
Sec. 103. Entitlement to leave for victims of hate crimes.
Sec. 104. Temporary housing assistance.
Sec. 105. Counseling grant program.
TITLE II--RESOURCES
Sec. 201. National clearinghouse and resource center.
Sec. 202. National hate crime hotline and Internet website grant.
Sec. 203. Federal employee programs relating to hate crimes.
TITLE III--EDUCATION AND PREVENTION SERVICES
Sec. 301. Elementary and secondary hate crime educational grants.
Sec. 302. College and University hate crime educational grants.
TITLE I--ASSISTANCE FOR VICTIMS OF HATE CRIMES
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:
``(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.'';
(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:
``(g) Special Rules Relating to Hate Crimes.--
``(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--
``(A) the individual's relocation to another
geographic area in order to avoid future hate crimes
against the individual or the individual's family;
``(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; or
``(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.
``(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.''.
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--
(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;
(2) the rate or premium of a plan or policy of insurance
involved; and
(3) the amount of coverage provided (or a determination of
coverage for a claim made) under the plan, coverage, or policy
of insurance involved.
(b) Definitions.--
(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.
(2) Insurer.--For purposes of this section, the term
``insurer'' includes a group health plan (as defined in section
2971(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 2971(b)(5) of the Public Health Service
Health Act (42 U.S.C. 300gg-91(b)(5)).
(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.
SEC. 103. ENTITLEMENT TO LEAVE FOR VICTIMS OF HATE CRIMES.
(a) Entitlement to Leave for Victims of Hate Crimes.--
(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:
``(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.
``(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.''.
(2) Definition.--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:
``(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.
``(21) Addressing a hate crime and its consequences.--The
term `addressing a hate crime and its consequences' means--
``(A) seeking medical attention for or recovering
from injuries caused by being a victim of a hate crime;
``(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;
``(C) attending support groups for victims of hate
crimes; and
``(D) obtaining psychological counseling related to
the experience of being a victim of a hate crime.''.
(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:
``(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.''.
(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)''.
(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:
``(g) Hate Crimes.--
``(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.
``(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--
``(A) consented to by the employee where disclosure
is necessary to protect the employee's safety or the
safety of coworkers; or
``(B) requested by the employee to document a hate
crime to a court or agency.''.
(b) Entitlement to Leave for Federal Employees as Victims of Hate
Crimes.--
(1) Authority for leave.--Section 6382(a)(1) of title 5,
United States Code, is amended by adding at the end the
following:
``(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.
``(F) 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.''.
(2) Definitions.--Section 6381 of title 5, United States
Code is amended by striking ``and'' at the end of paragraph
(5), by striking the period at the end of paragraph (6) and
inserting a semicolon, and by adding at the end the following:
``(7) 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; and
``(8) the term `addressing a hate crime and its
consequences' means--
``(A) seeking medical attention for or recovering
from injuries caused by being a victim of a hate crime;
``(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;
``(C) attending support groups for victims of hate
crimes; and
``(D) obtaining psychological counseling related to
the experience of being a victim of a hate crime.''.
(3) Intermittent or reduced leave.--Section 6382(b) of
title 5, United States Code, is amended by adding at the end
the following:
``(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.''.
(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)''.
(5) Certification.--Section 6383 of title 5, United States
Code, is amended by redesignating subsection (e) as subsection
(f) and by inserting after subsection (d) the following:
``(e)
``(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.
``(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--
``(A) consented to by the employee where disclosure
is necessary to protect the employee's safety or the
safety of coworkers; or
``(B) requested by the employee to provide
documentation to a court or agency.''.
(c) Existing Leave Usable for Victims of a Hate Crime.--
(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.
(2) Definitions.--As used in this subsection:
(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.
(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.
(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.
(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)).
(3) Certification.--An employer may require that a request
for leave described in paragraph (1) be supported by
documentation of a hate crime.
(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--
(A) consented to by the employee in order to
protect the employee's safety or the safety of
coworkers; or
(B) requested by the employee to document hate
crimes to a court or agency.
(5) Enforcement.--
(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.
(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.
(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.
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--
(1) to individuals--
(A) who are victims of a hate crime;
(B) homeless or in need of transitional housing or
other housing assistance as a result of being a victim
of a hate crime; and
(C) for whom emergency shelter services are
unavailable or insufficient; and
(2) dependants of individuals described in paragraph (1).
(b) Assistance Described.--Assistance provided under this section
may include--
(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; and
(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.
(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.
(d) Reports.--
(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.
(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).
(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.
(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.
(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.
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.
(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.
(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.
(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.
(e) Definitions.--For the purposes of this section--
(1) the term ``counseling'' includes emergency, short-term,
long-term, individual, and group counseling services; and
(2) the term ``related assistance'' includes--
(A) assistance with respect to obtaining financial
assistance under Federal and State programs;
(B) referrals for appropriate health care services;
(C) legal assistance to provide victims with
information and assistance through the civil and
criminal courts; and
(D) other supportive services, as determined to be
appropriate by the Attorney General.
(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.
TITLE II--RESOURCES
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.
(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.
(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.
(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.
SEC. 202. NATIONAL HATE CRIME HOTLINE AND INTERNET WEBSITE GRANT.
(a) In General.--The Attorney General may award one or more grants
to a qualified organization (as determined by the Attorney General)--
(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''); and
(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'').
(b) Use of Funds.--
(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--
(A) contract with a carrier for the use of a toll-
free telephone line;
(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;
(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; and
(D) publicize the national hate crime hotline to
potential users throughout the United States.
(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--
(A) establish and operate a hate crime information
and assistance website; and
(B) provide information related to the services
available to victims of hate crimes, including health
care and mental health, legal, and other relevant
services.
(c) Application.--An application submitted to the Attorney General
under this subsection shall--
(1) contain such agreements, assurances, and information,
be in such form, and be submitted in such manner as the
Attorney General requires;
(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--
(A) the training program for national hate crime
hotline personnel;
(B) the hiring criteria for national hate crime
hotline personnel;
(C) a plan for publicizing the availability of the
national hate crime hotline;
(D) a plan for providing service to non-English
speaking callers; and
(E) a plan for facilitating access to the national
hate crime hotline by hearing impaired individuals; and
(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--
(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;
(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; and
(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.
(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.
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.
(b) Functions.--The functions of an agency head under this section
shall--
(1) with respect to the judicial branch, be carried out by
the Director of the Administrative Office of the United States
Courts;
(2) with respect to the House of Representatives, be
carried out by the Committee on House Administration of the
House of Representatives; and
(3) with respect to the Senate, be carried out by the
Committee on Rules and Administration of the Senate.
(c) Guidelines.--The President shall designate one agency which
shall--
(1) prescribe guidelines to be used by each agency of the
Federal Government for programs and services under this
section;
(2) on request of any agency, furnish information or
technical advice on the design or operation of any program or
service under this section; and
(3) submit to the President and the Congress, before
January 1, 2010, 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--
(A) a brief description of each of the various
programs;
(B) the extent of employee participation in, and
the costs to the Federal Government associated with,
each of the various programs and services; and
(C) any other matter which may be appropriate to
carry out the purposes of this section.
(d) Definitions.--For the purpose of this section--
(1) the term ``employee'' means an employee as defined by
section 8101 of title 5, United States Code;
(2) the term ``agency'' means--
(A) an Executive agency;
(B) an entity of the legislative branch; and
(C) the judicial branch; and
(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.
TITLE III--EDUCATION AND PREVENTION SERVICES
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.
(b) Use of Funds.--Grants under this section may be used to improve
and provide programs for elementary and secondary students and
teachers, including--
(1) the provision of education and training programs to
prevent and reduce the incidence of hate crimes;
(2) the development and acquisition of equipment and
instructional materials to meet the needs of, or otherwise be
part of, hate crime programs; and
(3) professional training and development for teachers and
administrators on the causes and effects of hate crimes.
(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.
(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.
(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).
(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.
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.
(b) Use of Funds.--Grants under this section may be used to improve
and provide programs in institutions of higher education, including--
(1) the development of education and training programs
designed to prevent and reduce the incidence of hate crimes;
(2) the development and acquisition of equipment and
instructional materials to meet the needs of, or otherwise be
part of, hate crime programs; and
(3) professional training and development for faculty and
administrators on the causes and effects of hate crimes.
(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.
(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.
(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.
(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.
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