,i #aafth ,,congress #ast ,session ,h4 ,r4 #gfa ,,in ,,the ,,house ,,of ,,representatives ,january #bd1 #bjai,mr4 ,brown of ,maryland 7for himself1 ,mr4 ,blumenauer1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,cohen1 ,mrs4 ,demings1 ,mrs4 ,dingell1 ,ms4 ,norton1 ,ms4 ,wasserman ,schultz1 and ,ms4 ,wilson of ,florida7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend the ,higher ,education ,act of #aife to strengthen prevention and response measures for hate crimes on college campuses by establishing robust accountability measures1 providing needs-based grants1 and amending the ,clery ,act4 #a4 ,short title ,this ,act may be cited as the ,creating ,accountability ,measures ,protecting ,university ,students ,historically ,abused1 ,threatened1 and ,exposed to ,crimes ,act or the ,,campus ,,hate ,crimes ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the incidence of violence motivated by the actual or perceived race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of the victim1 known as hate crimes or crimes motivated by bias1 poses a serious national problem4 7#b7 ,such violence motivated by hatred and bigotry endangers our citizens and disrupts the communities they live in1 by tearing at the fabric of our ,nation and our constitutional aspiration to create a stronger1 more perfect union4 7#c7 ,according to data obtained by the ,southern ,poverty ,law ,center1 schools were a particularly common location for hate crimes to occur--including #aej incidents on college campuses in #cc ,states since ,november4 7#d7 ,this level of violence demonstrates an unprecedented escalation in race and hate-based crime being committed on college campuses compared to recent years4 7#e7 ,hate groups have openly declared their efforts to establish a physical presence on college campuses and have specifically targeted young individuals and students for their messaging4 ,such efforts include placing fliers around campus1 online organizing1 and bringing national leaders to speak4 7#f7 ,college campuses have become the ideal location for hate group activity because they traditionally embrace diversity1 tolerance1 and social justice and strive for equality and have created safe spaces for students of every gender and identity4 7#g7 ,these are soft targets for such groups1 because students are more curious and receptive to new1 even radical1 ideas than older individuals4 7#h7 ,the ,higher ,education ,act of #aife and the ,jeanne ,clery ,disclosure of ,campus ,security ,policy and ,campus ,crime ,statistics ,act have enabled ,federal authorities to understand1 report1 and where appropriate1 investigate and prosecute hate crimes committed within the jurisdiction of an institution of higher education4 7#i7 ,however1 an enduring effort cannot be made to address the national problem posed by hate crimes if many of our institutions of higher education fail to properly evaluate1 prepare1 and implement an effective strategy to prevent and respond to such crimes4 7#aj7 ,the annual dissemination of relevant information to students and faculty regarding the institution's campus safety apparatus will provide for a more transparent and informed campus community on the infrastructure and process in place1 and the assistance services available4 7#aa7 ,federal financial assistance with regard to providing training1 technical assistance1 evaluation1 and other associated services will allow school security and administration to understand the unique needs for the campus and the assistance to implement the proper safety plan to address those needs4 7#ab7 ,amending the ,program ,participation ,agreement between an institution of higher education and the ,department of ,education to include hate crime programs provides substantial assurance that campus climate and safety will become an increasing priority and focal point to the higher education community4 7#ac7 ,modifying the ,jeanne ,clery ,disclosure of ,campus ,security ,policy and ,campus ,crime ,statistics ,act will enable campus security and local law enforcement to more efficiently collaborate in detailing and recording information on crimes1 including violence motivated by the actual or perceived race1 color1 religion1 national origin1 gender1 sexual orientation1 gender identity1 or disability of the victim4 7#ad7 ,the problem of crimes motivated by bias is sufficiently serious1 widespread1 and interstate in nature as to warrant ,federal financial assistance to ,states and local jurisdictions4 #c4 ,hate crime prevention and response ,part ,b of title ,i of the ,higher ,education ,act of #aife is amended by adding at the end the following3 #abd4 ,hate crime prevention and response 7a7 ,restriction on eligibility ,notwithstanding any other provision of law1 no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any program under title ,,iv1 unless the institution certifies to the ,secretary that the institution has adopted and has implemented a program to prevent and adequately respond to hate crimes within the jurisdiction of the institution or by students and employees that1 at a minimum1 includes-- 7#a7 the annual distribution to each student and employee of-- 7,a7 standards of conduct and the applicable sanctions that clearly prohibit1 at a minimum1 the acts or threats of violence1 property damage1 harassment1 intimidation1 or other crimes that specifically target an individual based on their race1 religion1 ethnicity1 handicap1 sexual orientation1 gender1 or gender identification by students and employees on the institution's property or as a part of any of the institution's activities2 7,b7 a clear definition of what constitutes a hate crime or hate incident under ,federal and ,state law or other applicable authority2 7,c7 a description of the applicable legal sanctions under local1 ,state1 or ,federal law for perpetrating a hate crime2 7,d7 a description of any counseling1 medical treatment1 or rehabilitation programs that are available to students or employees that are victims of hate crimes or other hate-based incidences2 7,e7 a description of applicable services for students to be able to switch dorms1 classes1 or make other arrangements should they feel unsafe in those spaces due to a hate crime which affects such space2 and 7,f7 a distinct statement that the institution will impose sanctions on students and employees 7consistent with local1 ,state1 and ,federal law71 and a description of those sanctions1 up to and including expulsion or termination of employment and referral for prosecution1 for violations of the standards of conduct required by subparagraph 7,a72 and 7#b7 a quadrennial review by the institution of the institution's program to-- 7,a7 determine the program's effectiveness and implement changes to the program if the changes are needed2 7,b7 determine the number of hate crimes and fatalities that-- 7i7 occur on the institution's campus 7as defined in section #dhe7;f77#f771 or as part of any of the institution's activities2 and 7ii7 are reported to campus officials or nonaffiliated local law enforcement agencies with jurisdiction over the incident2 7,c7 determine the number1 type1 and severity of sanctions described in paragraph 7#a77;,f7 that are imposed by the institution as a result of hate crimes and fatalities on the institution's campus or as part of any of the institution's activities2 and 7,d7 ensure that sanctions required by paragraph 7#a77;,f7 are consistently enforced4 7b7 ,information availability ,each institution of higher education that provides the certification required by subsection 7a7 shall1 upon request1 make available to the ,secretary and to the public a copy of each item required by subsection 7a77#a7 as well as the results of the biennial review required by subsection 7a77#b74 7#a7 ,regulations 7,a7 ,in general ,the ,secretary shall publish regulations to implement and enforce the provisions of this section1 including regulations that provide for-- 7i7 the periodic review of a representative sample of programs required by subsection 7a72 and 7ii7 a range of responses and sanctions for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions1 including information and technical assistance1 the development of a compliance agreement1 and the termination of any form of ,federal financial assistance4 7,b7 ,inclusivity program ,the sanctions required by subsection 7a77#a77;,f7 that are imposed by the institution of higher education1 may include an inclusivity program as an explicit condition of remaining enrolled at the institution of higher education1 that the defendant successfully undertake educational classes or community service directly related to the community harmed by the respondent's offense4 7#b7 ,appeals ,upon determination by the ,secretary to terminate financial assistance to any institution of higher education under this section1 the institution may file an appeal with an administrative law judge before the expiration of the #cj-;day period beginning on the date such institution is notified of the decision to terminate financial assistance under this section4 ,such judge shall hold a hearing with respect to such termination of assistance before the expiration of the #de-;day period beginning on the date that such appeal is filed4 ,such judge may extend such #de-;day period upon a motion by the institution concerned4 ,the decision of the judge with respect to such termination shall be considered to be a final agency action4 7#c7 ,hate crime prevention and response grants 7,a7 ,program authority ,the ,secretary may make grants to institutions of higher education or consortia of such institutions1 and enter into contracts with such institutions1 consortia1 and other organizations1 to develop1 implement1 operate1 improve1 and disseminate programs of prevention1 and education to reduce and eliminate hate crimes4 ,such grants or contracts may also be used for the support of a higher education center for hate crime prevention and response that will provide training1 technical assistance1 evaluation1 dissemination1 and associated services and assistance to the higher education community as determined by the ,secretary and institutions of higher education4 7,b7 ,awards ,grants and contracts shall be awarded under subparagraph 7,a7 on a by needs basis4 7,c7 ,applications ,an institution of higher education or a consortium of such institutions that desires to receive a grant or contract under paragraph 7,a7 shall submit an application to the ,secretary at such time1 in such manner1 and containing or accompanied by such information as the ,secretary may reasonably require by regulation4 7,d7 ,additional requirements 7i7 ,participation ,in awarding grants and contracts under this subsection the ,secretary shall make every effort to ensure-- 7,i7 the equitable participation of private and public institutions of higher education 7including community and junior colleges72 and 7,,ii7 the equitable geographic participation of such institutions4 7ii7 ,consideration ,in awarding grants and contracts under this subsection the ,secretary shall give appropriate consideration to institutions of higher education with limited enrollment4 7,e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year #bjbj and each of the #e succeeding fiscal years4 7#d7 ,definition ,the term hate crime means any criminal offense perpetrated against a person or property that was motivated in whole or in part by an offender's bias against a race1 religion1 disability1 sexual orientation1 ethnicity1 gender1 or gender identity4 4 #d4 ,clery ,act amendments ,section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,c7-- 7i7 by striking and at the end of clause 7ii72 7ii7 in clause 7iii7-- 7,i7 by striking encourage and inserting require2 7,,ii7 by inserting 1 including hate crimes1 after all crimes2 and 7,,iii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7i7 policies encourage officer development training to specifically recognize1 prevent1 and respond to hate crimes4 2 and 7,b7 by adding at the end the following3 7,k7 ,a statement of policy regarding hate-based crimes and the enforcement of ,federal and ,state hate crime laws and a description of any hate crime prevention and response programs required under section #abd4 2 and 7#b7 in paragraph 7#f77;,a71 by adding at the end the following3 7vi7 ,the term hate crime has the meaning given the term in section #abd7;b77#d74 4 #e4 ,program participation agreements ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,the institution will have hate crime prevention and response programs that the institution has determined to be accessible to any officer1 employee1 or student at the institution and which meets the requirements of section #abd4 4 #f4 ,accrediting agency recognition ,section #dif7;a77#e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7a77#e77 is amended-- 7#a7 in subparagraph 7,i71 by striking and at the end2 7#b7 in subparagraph 7,j71 by inserting and after the semicolon2 and 7#c7 by inserting after subparagraph 7,j7 and before the flush text1 the following3 7,k7 safety objectives with respect to hate crimes 7defined in section #abd7;b77#d77 and the established measures and policies to combat such crimes2 4