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S. Res. 156 and Amendments to S. 937, April 14, 2021 — Congressional Record, Senate

Summary

Congressional Record, Senate, page S1944, April 14, 2021. The page prints Senate Resolution 156, which commends officers and personnel of Federal, State, and local agencies deployed for their work during the crisis at the southern border, with recitals of rescues by CBP agents, and a resolution that recognizes the accomplishments and example of César Estrada Chávez. It lists amendments intended to be proposed to the bill S. 937: SA 1421 by Mr. Cornyn, SA 1422 and SA 1423 by Mr. Cotton, and SA 1424 and SA 1425 by Mr. Lee. A subcommittee is authorized to meet on Wednesday, April 14, 2021, at 1 p.m. to conduct an open hearing.

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Cite this document

“S. Res. 156 and Amendments to S. 937, April 14, 2021 — Congressional Record, Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-04-14-crec-2021-04-14-pt1-pgs1944-3-eed3b65e8f/, SHA-256 4a20ae78c406a30913e48d403626574a1ca14f405c3d7c3d704a76b283839f77.

Full text

                                               S1944                                             CONGRESSIONAL RECORD — SENATE                                                           April 14, 2021
                                                 (1) recognizes the accomplishments and ex-              Whereas numerous acts of selfless heroism            to the bill S. 937, supra; which was ordered to
                                               ample of César Estrada Chávez, a great hero           by CBP agents occur on a daily basis, as the           lie on the table.
                                               of the United States;                                   agents face dangerous conditions but con-                SA 1421. Mr. CORNYN submitted an
                                                 (2) pledges to promote the legacy of César           tinue to risk their lives during a global              amendment intended to be proposed by him
                                               Estrada Chávez; and                                    health pandemic to rescue migrants at-                 to the bill S. 937, supra; which was ordered to
                                                 (3) encourages the people of the United               tempting to unlawfully enter the United                lie on the table.
                                               States to commemorate the legacy of César              States along the Southern border;                        SA 1422. Mr. COTTON submitted an amend-
                                               Estrada Chávez and to always remember his                Whereas the selfless heroism by CBP                  ment intended to be proposed by him to the
                                               great rallying cry, ‘‘≠Sı́, se puede!’’, which is       agents has been on full display as the crisis          bill S. 937, supra; which was ordered to lie on
                                               Spanish for ‘‘Yes, we can!’’.                           at the Southern border grows and thousands             the table.
                                                                                                       of aliens attempt to unlawfully enter the                SA 1423. Mr. COTTON submitted an amend-
                                                               f
                                                                                                       United States each day, including recently             ment intended to be proposed by him to the
                                               SENATE     RESOLUTION       156—COM-                    reported rescues—                                      bill S. 937, supra; which was ordered to lie on
                                                 MENDING THE OFFICERS AND                                (1) in February 2021, of a migrant woman             the table.
                                                 PERSONNEL        OF      FEDERAL,                     from Mexico abandoned by human smugglers                 SA 1424. Mr. LEE submitted an amendment
                                                                                                       and left to die in a freezing winter storm as          intended to be proposed by him to the bill S.
                                                 STATE, AND LOCAL AGENCIES
                                                                                                       they attempted to unlawfully enter Texas;              937, supra; which was ordered to lie on the
                                                 DEPLOYED BY AIR, GROUND,                                                                                     table.
                                                                                                         (2) in March 2021, of a migrant man and a
                                                 AND MARINE, AND AS TACTICAL                           2-year-old child swept away by a swift cur-              SA 1425. Mr. LEE submitted an amendment
                                                 BORDER SECURITY, FOR THEIR                            rent in a canal as they attempted to unlaw-            intended to be proposed by him to the bill S.
                                                 WORK DURING THE CRISIS AT                             fully enter Arizona;                                   937, supra; which was ordered to lie on the
                                                 THE SOUTHERN BORDER                                     (3) in March 2021, of a migrant man who              table.
                                                                                                       was abandoned by human smugglers unlaw-                  SA 1426. Mr. LEE submitted an amendment
                                                 Mr. SCOTT of Florida (for himself,                                                                           intended to be proposed by him to the bill S.
                                                                                                       fully entering California, remained missing
                                               Mr. LANKFORD, Mr. CRUZ, Mr. JOHNSON,                                                                           937, supra; which was ordered to lie on the
                                                                                                       for 8 days, and had to be carried out of the
                                               and Mr. HAWLEY) submitted the fol-                      mountainous terrain on the shoulders of a              table.
                                               lowing resolution; which was referred                   CBP agent; and                                           SA 1427. Mr. LEE submitted an amendment
                                               to the Committee on Homeland Secu-                        (4) in March 2021, of a migrant man in se-           intended to be proposed by him to the bill S.
                                               rity and Governmental Affairs:                          vere distress in a remote desert location who          937, supra; which was ordered to lie on the
                                                                                                       was abandoned by human smugglers at-                   table.
                                                                  S. RES. 156                                                                                   SA 1428. Mr. LEE submitted an amendment
                                                                                                       tempting to unlawfully enter New Mexico
                                                 Whereas U.S. Customs and Border Protec-                                                                      intended to be proposed by him to the bill S.
                                                                                                       and who required serious medical attention;
                                               tion (referred to in this preamble as ‘‘CBP’’)                                                                 937, supra; which was ordered to lie on the
                                                                                                         Whereas faced with inadequate Federal re-
                                               is charged with protecting the borders of the                                                                  table.
                                                                                                       sources to manage the surge of illegal border
                                               United States and facilitating travel and                                                                        SA 1429. Mr. LEE submitted an amendment
                                                                                                       crossings, States along the Southern border
                                               trade;                                                                                                         intended to be proposed by him to the bill S.
                                                                                                       have installed their own border protection
                                                 Whereas President Biden promised a hu-                                                                       937, supra; which was ordered to lie on the
                                                                                                       patrols, such as Arizona Border Strike Force
                                               mane approach to immigration but the Biden                                                                     table.
                                                                                                       and Operation Lone Star in Texas; and
                                               Administration was woefully unprepared for                                                                       SA 1430. Mr. LEE submitted an amendment
                                                                                                         Whereas resources from Federal, State,
                                               a surge of migrants from Central America,                                                                      intended to be proposed by him to the bill S.
                                                                                                       and local agencies will need to be diverted
                                               including a record number of vulnerable, un-                                                                   937, supra; which was ordered to lie on the
                                                                                                       from other areas to handle the surge of mi-
                                               accompanied children unlawfully crossing                                                                       table.
                                                                                                       grants unlawfully entering the United                    SA 1431. Ms. ERNST (for herself and Mrs.
                                               the unsecured United States-Mexico border
                                                                                                       States: Now, therefore, be it                          CAPITO) submitted an amendment intended
                                               (referred to in this preamble as the ‘‘South-
                                                                                                         Resolved, That the Senate—                           to be proposed by her to the bill S. 937, supra;
                                               ern border’’);
                                                                                                         (1) recognizes that there is an ongoing and          which was ordered to lie on the table.
                                                 Whereas the Southern border is experi-
                                                                                                       growing crisis on our Southern border; and               SA 1432. Mr. MORAN (for himself and Mr.
                                               encing a humanitarian crisis with unprece-
                                                                                                         (2) commends the men and women of the                BLUMENTHAL) submitted an amendment in-
                                               dented numbers of vulnerable individuals at-
                                                                                                       U.S. Customs and Border Protection, includ-            tended to be proposed by him to the bill S.
                                               tempting to unlawfully enter the United
                                                                                                       ing Border Patrol personnel, Office of Field           937, supra; which was ordered to lie on the
                                               States;
                                                                                                       Operations personnel, Air and Marine Oper-             table.
                                                 Whereas, on March 13, 2021, the Depart-
                                                                                                       ations personnel, Office of Trade personnel,             SA 1433. Mr. TUBERVILLE submitted an
                                               ment of Homeland Security directed the
                                                                                                       the Federal Emergency Management Agen-                 amendment intended to be proposed by him
                                               Federal Emergency Management Agency to
                                                                                                       cy, and all support personnel and allies of            to the bill S. 937, supra; which was ordered to
                                               support a government-wide response effort to
                                                                                                       such agencies from State and local govern-             lie on the table.
                                               address the surge of unlawful crossings at
                                                                                                       ments for the work of such men and women                 SA 1434. Mr. TUBERVILLE submitted an
                                               the Southern border;
                                                                                                       during the crisis at the Southern border.              amendment intended to be proposed by him
                                                 Whereas, in February 2021, 100,441 individ-
                                               uals were apprehended at the Southern bor-                              f                                      to the bill S. 937, supra; which was ordered to
                                               der, which is a 28 percent increase from Jan-                                                                  lie on the table.
                                                                                                            AMENDMENTS SUBMITTED AND                            SA 1435. Mr. TUBERVILLE submitted an
                                               uary 2021;
                                                                                                                   PROPOSED                                   amendment intended to be proposed by him
                                                 Whereas a total of 458,088 individuals were
                                               encountered at the Southern border in fiscal              SA 1414. Mr. CRUZ submitted an amend-                to the bill S. 937, supra; which was ordered to
                                               year 2020, which is only 61,130 encounters              ment intended to be proposed by him to the             lie on the table.
                                               more than the number recorded in the first              bill S. 937, to facilitate the expedited review          SA 1436. Mr. TUBERVILLE submitted an
                                               half of the current fiscal year;                        of COVID–19 hate crimes, and for other pur-            amendment intended to be proposed by him
                                                 Whereas, in all of fiscal year 2020, 33,239 un-       poses; which was ordered to lie on the table.          to the bill S. 937, supra; which was ordered to
                                               accompanied minors were encountered at the                SA 1415. Mr. CRUZ submitted an amend-                lie on the table.
                                               Southern border, which is only 3,510 encoun-            ment intended to be proposed by him to the               SA 1437. Mr. KENNEDY submitted an
                                               ters more than the number recorded in the               bill S. 937, supra; which was ordered to lie on        amendment intended to be proposed by him
                                               first half of the current fiscal year;                  the table.                                             to the bill S. 937, supra; which was ordered to
                                                 Whereas CBP has conducted more than                     SA 1416. Mr. CRUZ submitted an amend-                lie on the table.
                                                                                                       ment intended to be proposed by him to the               SA 1438. Mr. MARSHALL submitted an
                                               3,000 daily apprehensions, while still main-
                                                                                                       bill S. 937, supra; which was ordered to lie on        amendment intended to be proposed by him
                                               taining a posture to secure the border of the
                                                                                                       the table.                                             to the bill S. 937, supra; which was ordered to
                                               Nation and facilitate international trade and
                                                                                                         SA 1417. Mr. CRUZ submitted an amend-                lie on the table.
                                               travel;
                                                                                                       ment intended to be proposed by him to the               SA 1439. Mr. MARSHALL submitted an
                                                 Whereas the immigration policies of Presi-
                                                                                                       bill S. 937, supra; which was ordered to lie on        amendment intended to be proposed by him
                                               dent Biden are—
                                                                                                       the table.                                             to the bill S. 937, supra; which was ordered to
                                                 (1) luring hundreds of thousands of mi-
                                                                                                         SA 1418. Mr. CORNYN submitted an                     lie on the table.
                                               grants to unlawfully cross the Southern bor-
                                                                                                                                                                SA 1440. Mr. PAUL submitted an amend-
                                               der;                                                    amendment intended to be proposed by him




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                                                                                                                                                              ment intended to be proposed by him to the
                                                 (2) leading to an alarming increase in                to the bill S. 937, supra; which was ordered to
                                                                                                                                                              bill S. 937, supra; which was ordered to lie on
                                               human trafficking and drug smuggling by                 lie on the table.
                                                                                                         SA 1419. Mr. CORNYN submitted an                     the table.
                                               cartels and transnational criminal organiza-
                                               tions; and                                              amendment intended to be proposed by him                                f
                                                 (3) putting unaccompanied minors at risk              to the bill S. 937, supra; which was ordered to             TEXT OF AMENDMENTS
                                               of human trafficking, violence, sexual abuse,           lie on the table.
                                               and separation from the families of the unac-             SA 1420. Mr. CORNYN submitted an                      SA 1414. Mr. CRUZ submitted an
                                               companied minors;                                       amendment intended to be proposed by him               amendment intended to be proposed by



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                                               April 14, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S1945
                                               him to the bill S. 937, to facilitate the               has a policy in place or engages in a practice          firearm, a dangerous weapon, or an explosive
                                               expedited review of COVID–19 hate                       that discriminates against Asian Americans              or incendiary device, attempts to cause bod-
                                               crimes, and for other purposes; which                   in recruitment, applicant review, or admis-             ily injury to any person, because of—
                                                                                                       sions.                                                    ‘‘(i) the actual or perceived religion, na-
                                               was ordered to lie on the table; as fol-
                                                                                                                                                               tional origin, gender, sexual orientation,
                                               lows:                                                     SA 1417. Mr. CRUZ submitted an                        gender identity, or disability of any person;
                                                 Strike all after the enacting clause and in-          amendment intended to be proposed by                    and
                                               sert the following:                                     him to the bill S. 937, to facilitate the                 ‘‘(ii) the actual or perceived relationship to
                                               SECTION 1. TASK FORCE ON DISCRIMINATION IN                                                                      the spread of COVID–19 of any person be-
                                                          HIGHER   EDUCATION   OF   ASIAN
                                                                                                       expedited review of COVID–19 hate
                                                                                                                                                               cause of the characteristic described in
                                                          AMERICANS.                                   crimes, and for other purposes; which
                                                                                                                                                               clause (i),
                                                 The Attorney General, in coordination                 was ordered to lie on the table; as fol-                shall be fined under this title and imprisoned
                                               with the Secretary of Education, shall estab-           lows:                                                   for not less than 10 years or for life, or, if
                                               lish a task force to investigate, and provide             Strike all after the enacting clause and in-          death results, shall be sentenced to not less
                                               proposals for remedies to, discrimination by            sert the following:                                     than 30 years and not more than life, or may
                                               institutions of higher education (as defined            SECTION 1. LIMITATION ON RELEASE OF ALIENS              be punished by death.
                                               in section 102 of the Higher Education Act of                       DETAINED FOR UNLAWFULLY EN-                   ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur-
                                               1965 (20 U.S.C. 1002)) against Asian Ameri-                         TERING THE UNITED STATES.                   poses of subparagraph (A), the circumstances
                                               cans in recruitment, applicant review, and                (a) IN GENERAL.—The Department of Home-               described in this subparagraph are that—
                                               admissions.                                             land Security may not release from custody                ‘‘(i) the conduct described in subparagraph
                                                                                                       any alien who is detained for unlawfully en-            (A) occurs during the course of, or as the re-
                                                 SA 1415. Mr. CRUZ submitted an                        tering the United States unless such alien              sult of, the travel of the defendant or the
                                               amendment intended to be proposed by                    tests negative for COVID–19 during the 24-              victim—
                                               him to the bill S. 937, to facilitate the               hour period immediately preceding the                     ‘‘(I) across a State line or national border;
                                               expedited review of COVID–19 hate                       alien’s release.                                        or
                                               crimes, and for other purposes; which                     (b) SAVINGS PROVISION.—Nothing in this                  ‘‘(II) using a channel, facility, or instru-
                                               was ordered to lie on the table; as fol-                Act may be construed to authorize the re-               mentality of interstate or foreign commerce;
                                                                                                       lease any person from the custody of the De-              ‘‘(ii) the defendant uses a channel, facility,
                                               lows:                                                   partment of Homeland Security who is not                or instrumentality of interstate or foreign
                                                 Strike all after the enacting clause and in-          otherwise authorized by law to be released.             commerce in connection with the conduct
                                               sert the following:                                                                                             described in subparagraph (A);
                                               SECTION 1. RESTRICTION ON THE RELEASE OF                  SA 1418. Mr. CORNYN submitted an                        ‘‘(iii) in connection with the conduct de-
                                                          INDIVIDUALS WHO UNLAWFULLY
                                                          ENTER THE UNITED STATES.
                                                                                                       amendment intended to be proposed by                    scribed in subparagraph (A), the defendant
                                                                                                       him to the bill S. 937, to facilitate the               employs a firearm, dangerous weapon, explo-
                                                 (a) FINDINGS.—Congress finds the fol-                                                                         sive or incendiary device, or other weapon
                                               lowing:                                                 expedited review of COVID–19 hate
                                                                                                       crimes, and for other purposes; which                   that has traveled in interstate or foreign
                                                 (1) There was a 71 percent increase in the                                                                    commerce; or
                                               number of illegal immigrant encounters by               was ordered to lie on the table; as fol-                  ‘‘(iv) the conduct described in subpara-
                                               U.S Customs and Border Protection agents                lows:                                                   graph (A)—
                                               between February and March 2021.                          On page 3, line 3, strike ‘‘or disability’’ and         ‘‘(I) interferes with commercial or other
                                                 (2) In March 2021, more than 172,000 illegal          insert ‘‘disability, or status as a law enforce-        economic activity in which the victim is en-
                                               immigrants were intercepted by U.S. Cus-                ment officer or member of the armed                     gaged at the time of the conduct; or
                                               toms and Border Protection agents, includ-              forces’’.                                                 ‘‘(II) otherwise affects interstate or foreign
                                               ing 53,000 illegal immigrants who entered the                                                                   commerce.’’; and
                                               United States as part of a family group.                  SA 1419. Mr. CORNYN submitted an                        (4) in paragraph (4), as so redesignated—
                                                 (3) Although Federal law requires the De-
                                                                                                       amendment intended to be proposed by                      (A) by striking ‘‘(1) or in paragraph (2)(A)’’
                                               partment of Homeland Security to detain,                                                                        and inserting ‘‘(1), in paragraph (2)(A)’’; and
                                               pending the completion of removal pro-                  him to the bill S. 937, to facilitate the
                                                                                                       expedited review of COVID–19 hate                         (B) by inserting ‘‘, or in paragraph (3)(A)
                                               ceedings, any alien who is not ‘‘clearly and                                                                    (without regard to whether that conduct oc-
                                               beyond a doubt entitled to be admitted’’, as            crimes, and for other purposes; which
                                                                                                                                                               curred in a circumstance described in para-
                                               of April 2021, the Department of Homeland               was ordered to lie on the table; as fol-                graph (3)(B))’’ after ‘‘paragraph (2)(B))’’
                                               Security is releasing many such individuals             lows:
                                               into communities in Texas and other border                   At the end, add the following:                       SA 1421. Mr. CORNYN submitted an
                                               States, which has caused a significant strain           SEC. 4. DEATH PENALTY ELIGIBILITY.
                                               on such communities and on State and local                                                                      amendment intended to be proposed by
                                                                                                         Section 3592(c) is amended by inserting               him to the bill S. 937, to facilitate the
                                               governments that lack the resources and in-
                                                                                                       after paragraph (16) the following:                     expedited review of COVID–19 hate
                                               frastructure to care for so many individuals.
                                                 (b) RESTRICTION.—The Department of                      ‘‘(17) COVID–19 HATE CRIMES.—The defend-              crimes, and for other purposes; which
                                               Homeland Security may not release any in-               ant committed a COVID–19 hate crime, as de-
                                                                                                       fined in section 2 of the COVID–19 Hate
                                                                                                                                                               was ordered to lie on the table; as fol-
                                               dividual who unlawfully entered the United                                                                      lows:
                                               States into any State, county, or city in the           Crimes Act.’’.
                                                                                                                                                                 At the end, add the following:
                                               United States unless the governor of such
                                               State and the governing body of such county               SA 1420. Mr. CORNYN submitted an                      SEC. 4. ENHANCED PENALTIES FOR COVID–19
                                                                                                       amendment intended to be proposed by                              HATE CRIMES.
                                               and city expressly consent to such release.
                                                 (c) CAUSE OF ACTION.—A violation of sub-              him to the bill S. 937, to facilitate the                 (a) DEATH PENALTY ELIGIBILITY.—Section
                                               section (b) shall give rise to a cause of action        expedited review of COVID–19 hate                       3592(c) is amended by inserting after para-
                                               against the Federal Government by a State,              crimes, and for other purposes; which                   graph (16) the following:
                                               county, or city into which jurisdiction such                                                                      ‘‘(17) COVID–19 HATE CRIMES.—The defend-
                                                                                                       was ordered to lie on the table; as fol-                ant committed a COVID–19 hate crime, as de-
                                               individual was released.                                lows:                                                   fined in section 2 of the COVID–19 Hate
                                                 SA 1416. Mr. CRUZ submitted an                             At the end, add the following:                     Crimes Act.’’.
                                               amendment intended to be proposed by                    SEC. 4. INCREASE STATUTORY PENALTIES FOR                  (b) INCREASE STATUTORY PENALTIES FOR
                                                                                                                  COVID–19 HATE CRIMES.                        COVID–19 HATE CRIMES.—Section 249(a) of
                                               him to the bill S. 937, to facilitate the
                                                                                                         Section 249(a) of title 18, United States             title 18, United States Code, is amended—
                                               expedited review of COVID–19 hate                       Code, is amended—                                         (1) in paragraph (2), by striking ‘‘paragraph
                                               crimes, and for other purposes; which                     (1) in paragraph (2), by striking ‘‘paragraph         (3)’’ and inserting ‘‘paragraph (4)’’;
                                               was ordered to lie on the table; as fol-                (3)’’ and inserting ‘‘paragraph (4)’’;                    (2) by redesignating paragraphs (3) and (4)
                                               lows:                                                     (2) by redesignating paragraphs (3) and (4)           as paragraphs (4) and (5), respectively;
                                                 At the end, add the following:                        as paragraphs (4) and (5), respectively;                  (3) by inserting after paragraph (2) the fol-
                                                                                                         (3) by inserting after paragraph (2) the fol-         lowing:




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                                               SEC. 4. PROHIBITION OF FEDERAL FUNDS FOR
                                                          INSTITUTIONS OF HIGHER EDU-                  lowing:                                                   ‘‘(3) OFFENSES INVOLVING COVID–19 HATE
                                                          CATION    THAT    DISCRIMINATE                 ‘‘(3) OFFENSES INVOLVING COVID–19 HATE                CRIMES.—
                                                          AGAINST ASIAN AMERICANS.                     CRIMES.—                                                  ‘‘(A) IN GENERAL.—Whoever, whether or not
                                                 Notwithstanding any other provision of                  ‘‘(A) IN GENERAL.—Whoever, whether or not             acting under color of law, in any cir-
                                               law, no institution of higher education (as             acting under color of law, in any cir-                  cumstance described in subparagraph (B) or
                                               defined in section 102 of the Higher Edu-               cumstance described in subparagraph (B) or              paragraph (4), willfully causes bodily injury
                                               cation Act of 1965 (20 U.S.C. 1002)) may re-            paragraph (4), willfully causes bodily injury           to any person or, through the use of fire, a
                                               ceive any Federal funding if the institution            to any person or, through the use of fire, a            firearm, a dangerous weapon, or an explosive




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                                               S1946                                             CONGRESSIONAL RECORD — SENATE                                                           April 14, 2021
                                               or incendiary device, attempts to cause bod-            ble period shall be to review and investigate             Strike section 3 and insert the following:
                                               ily injury to any person, because of—                   allegations of anti-Asian discrimination in             SEC. 3. DEPARTMENT OF EDUCATION REPORT ON
                                                 ‘‘(i) the actual or perceived religion, na-           the admissions policies of institutions of                          EFFECTS OF PANDEMIC-RELATED
                                               tional origin, gender, sexual orientation,              higher education in the United States.                              SCHOOL CLOSINGS ON CHILDREN.
                                               gender identity, or disability of any person;             (c) REPORTS.—Not later than 180 days after              The Secretary of Education shall submit a
                                               and                                                     the date of enactment of this Act, and once             report to Congress on the effects of pan-
                                                 ‘‘(ii) the actual or perceived relationship to        every 180 days thereafter until the end of the          demic-related school closings on the edu-
                                               the spread of COVID–19 of any person be-                applicable period, the Attorney General shall           cational development of children during the
                                               cause of the characteristic described in                submit a report to Congress on the allega-              pandemic.
                                               clause (i),                                             tions described in subsection (b) reviewed
                                               shall be fined under this title and imprisoned          during the reporting period, which shall in-              SA 1427. Mr. LEE submitted an
                                               for not less than 10 years or for life, or, if          clude—                                                  amendment intended to be proposed by
                                               death results, shall be sentenced to not less             (1) a summary of each allegation received;            him to the bill S. 937, to facilitate the
                                               than 30 years and not more than life, or may            and
                                                                                                                                                               expedited review of COVID–19 hate
                                               be punished by death.                                     (2) information about the status of each al-
                                                                                                       legation, including whether the Department              crimes, and for other purposes; which
                                                 ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur-
                                               poses of subparagraph (A), the circumstances            of Justice filed or declined to file an action          was ordered to lie on the table; as fol-
                                               described in this subparagraph are that—                based on the allegation.                                lows:
                                                 ‘‘(i) the conduct described in subparagraph                                                                     Strike section 3 and insert the following:
                                               (A) occurs during the course of, or as the re-            SA 1424. Mr. LEE submitted an                         SEC. 3. REPORT ON THE EFFECTIVENESS OF THE
                                               sult of, the travel of the defendant or the             amendment intended to be proposed by                                WORLD HEALTH ORGANIZATION’S
                                               victim—                                                 him to the bill S. 937, to facilitate the                           RESPONSE TO THE COVID–19 PAN-
                                                                                                                                                                           DEMIC.
                                                 ‘‘(I) across a State line or national border;         expedited review of COVID–19 hate
                                               or                                                      crimes, and for other purposes; which                     The Director of the Centers for Disease
                                                 ‘‘(II) using a channel, facility, or instru-                                                                  Control and Prevention shall submit a report
                                                                                                       was ordered to lie on the table; as fol-                to Congress on the effectiveness of the World
                                               mentality of interstate or foreign commerce;            lows:
                                                 ‘‘(ii) the defendant uses a channel, facility,                                                                Health Organization’s response to the
                                                                                                            At the end, add the following:                     COVID–19 pandemic.
                                               or instrumentality of interstate or foreign
                                                                                                       SEC. 4. REPORT ON RELIGIOUS RESTRICTIONS
                                               commerce in connection with the conduct                            DURING THE COVID–19 PANDEMIC.
                                               described in subparagraph (A);                                                                                    SA 1428. Mr. LEE submitted an
                                                                                                         (a) IN GENERAL.—Not later than 180 days               amendment intended to be proposed by
                                                 ‘‘(iii) in connection with the conduct de-            after the date of enactment of this Act, the
                                               scribed in subparagraph (A), the defendant              Attorney General shall submit to Congress a
                                                                                                                                                               him to the bill S. 937, to facilitate the
                                               employs a firearm, dangerous weapon, explo-             report on the restrictions on religious exer-           expedited review of COVID–19 hate
                                               sive or incendiary device, or other weapon              cise imposed by States, the District of Co-             crimes, and for other purposes; which
                                               that has traveled in interstate or foreign              lumbia, Puerto Rico, and any other territory            was ordered to lie on the table; as fol-
                                               commerce; or                                            or possession of the United States during the           lows:
                                                 ‘‘(iv) the conduct described in subpara-              COVID–19 pandemic.
                                               graph (A)—                                                                                                        Strike section 3 and insert the following:
                                                                                                         (b) CONTENTS.—The report required to be
                                                 ‘‘(I) interferes with commercial or other                                                                     SEC. 3. REPORT ON THE HEALTH EFFECTS OF
                                                                                                       submitted under subsection (a) shall in-                           LOCKDOWNS.
                                               economic activity in which the victim is en-            clude—
                                               gaged at the time of the conduct; or                                                                              The Secretary of Health and Human Serv-
                                                                                                         (1) an analysis of whether the same restric-
                                                 ‘‘(II) otherwise affects interstate or foreign                                                                ices shall submit a report to Congress on the
                                                                                                       tions applied to religious institutions also
                                               commerce.’’; and                                                                                                effects that State and local lockdowns in
                                                                                                       applied equally to secular organizations or
                                                 (4) in paragraph (4), as so redesignated—                                                                     2020 had on the mental, emotional, and phys-
                                                                                                       businesses; and
                                                 (A) by striking ‘‘(1) or in paragraph (2)(A)’’                                                                ical health of the people of the United
                                                                                                         (2) an analysis of whether each imposed re-
                                               and inserting ‘‘(1), in paragraph (2)(A)’’; and                                                                 States.
                                                                                                       striction complies with the ruling of the Su-
                                                 (B) by inserting ‘‘, or in paragraph (3)(A)           preme Court of the United States in Tandon
                                                                                                                                                                 SA 1429. Mr. LEE submitted an
                                               (without regard to whether that conduct oc-             v. Newsom, No. 20A151, 539 U.S. lll (2021).
                                               curred in a circumstance described in para-                                                                     amendment intended to be proposed by
                                               graph (3)(B))’’ after ‘‘paragraph (2)(B))’’               SA 1425. Mr. LEE submitted an                         him to the bill S. 937, to facilitate the
                                                                                                       amendment intended to be proposed by                    expedited review of COVID–19 hate
                                                 SA 1422. Mr. COTTON submitted an                      him to the bill S. 937, to facilitate the               crimes, and for other purposes; which
                                               amendment intended to be proposed by                    expedited review of COVID–19 hate                       was ordered to lie on the table; as fol-
                                               him to the bill S. 937, to facilitate the               crimes, and for other purposes; which                   lows:
                                               expedited review of COVID–19 hate                       was ordered to lie on the table; as fol-                  Strike section 3 and insert the following:
                                               crimes, and for other purposes; which                   lows:                                                   SEC. 3. REPORT ON HOW STATE AND LOCAL
                                               was ordered to lie on the table; as fol-                     Strike section 3 and insert the following:                    LOCKDOWNS   AFFECTED  SMALL
                                               lows:                                                   SEC. 3. REPORT ON RELIGIOUS RESTRICTIONS
                                                                                                                                                                          BUSINESS OWNERS AND EMPLOY-
                                                                                                                                                                          EES.
                                                 In section 3, strike subsection (b).                             DURING THE COVID–19 PANDEMIC.
                                                                                                         (a) IN GENERAL.—Not later than 180 days                 The Secretary of Commerce shall submit a
                                                 SA 1423. Mr. COTTON submitted an                      after the date of enactment of this Act, the            report to Congress that details the effects
                                               amendment intended to be proposed by                    Attorney General shall submit to Congress a             the State and local lockdowns implemented
                                               him to the bill S. 937, to facilitate the               report on the restrictions on religious exer-           in 2020 had on small business owners and em-
                                                                                                       cise imposed by States, the District of Co-             ployees.
                                               expedited review of COVID–19 hate
                                               crimes, and for other purposes; which                   lumbia, Puerto Rico, and any other territory
                                                                                                       or possession of the United States during the             SA 1430. Mr. LEE submitted an
                                               was ordered to lie on the table; as fol-                                                                        amendment intended to be proposed by
                                                                                                       COVID–19 pandemic.
                                               lows:                                                     (b) CONTENTS.—The report required to be               him to the bill S. 937, to facilitate the
                                                 At the end, add the following:                        submitted under subsection (a) shall in-                expedited review of COVID–19 hate
                                               SEC. 4. REVIEW OF ANTI-ASIAN DISCRIMINATION             clude—
                                                           IN INSTITUTIONS OF HIGHER EDU-
                                                                                                                                                               crimes, and for other purposes; which
                                                                                                         (1) an analysis of whether the same restric-          was ordered to lie on the table; as fol-
                                                           CATION.                                     tions applied to religious institutions also
                                                 (a) DEFINITIONS.—In this section:                     applied equally to secular organizations or
                                                                                                                                                               lows:
                                                 (1) APPLICABLE PERIOD.—The term ‘‘appli-              businesses; and                                           Strike section 3 and insert the following:
                                               cable period’’ means the 5-year period begin-             (2) an analysis of whether each imposed re-           SEC. 3. REPORT ON ENFORCEMENT OF MASK
                                               ning on the date on which the officer or em-            striction complies with the ruling of the Su-                      MANDATES       AND      SOCIAL
                                               ployee is designated under subsection (b).              preme Court of the United States in Tandon                         DISTANCING RESTRICTIONS DURING
                                                 (2) INSTITUTION OF HIGHER EDUCATION.—The                                                                                 PROTEST ACTIVITIES.
                                                                                                       v. Newsom, No. 20A151, 539 U.S. lll (2021).
                                               term ‘‘institution of higher education’’ has                                                                      The Attorney General shall submit a re-




SSpencer on DSK126QN23PROD with SENATE
                                               the meaning given the term in section 102 of              SA 1426. Mr. LEE submitted an                         port to Congress on whether Federal, State,
                                               the Higher Education Act of 1965 (20 U.S.C.             amendment intended to be proposed by                    or local law enforcement officers enforced
                                               1002).                                                                                                          COVID–19 related social distancing restric-
                                                                                                       him to the bill S. 937, to facilitate the
                                                 (b) DESIGNATION.—Not later than 1 day                                                                         tions and mask mandates during protest ac-
                                               after the date of enactment of this Act, the            expedited review of COVID–19 hate                       tivities occurring in States, the District of
                                               Attorney General shall designate an officer             crimes, and for other purposes; which                   Columbia, Puerto Rico, and any other terri-
                                               or employee of the Department of Justice                was ordered to lie on the table; as fol-                tory or possession of the United States in
                                               whose sole responsibility during the applica-           lows:                                                   2020.




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                                               April 14, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                     S1947
                                                 SA 1431. Ms. ERNST (for herself and                      (3) In 1990, Congress enacted the Hate                 (A) IN GENERAL.—The Attorney General
                                               Mrs. CAPITO) submitted an amendment                     Crime Statistics Act (Public Law 101–275; 28           may make grants to States and units of local
                                               intended to be proposed by her to the                   U.S.C. 534 note) to provide the Federal Gov-           government to assist the State or unit of
                                                                                                       ernment, law enforcement agencies, and the             local government in implementing the Na-
                                               bill S. 937, to facilitate the expedited
                                                                                                       public with data regarding the incidence of            tional Incident-Based Reporting System, in-
                                               review of COVID–19 hate crimes, and                     hate crime. The Hate Crime Statistics Act              cluding to train employees in identifying
                                               for other purposes; which was ordered                   and the Matthew Shepard and James Byrd,                and classifying hate crimes in the National
                                               to lie on the table; as follows:                        Jr. Hate Crimes Prevention Act (division E             Incident-Based Reporting System.
                                                 At the appropriate place, insert the fol-             of Public Law 111–84; 123 Stat. 2835) have en-            (B) PRIORITY.—In making grants under
                                               lowing:                                                 abled Federal authorities to understand and,           subparagraph (A), the Attorney General
                                               SEC. ll. COVID–19 VIOLENCE AGAINST WOMEN                where appropriate, investigate and prosecute           shall give priority to States and units of
                                                         ACT EXTENSION OF AUTHORITY.                   hate crimes.                                           local government with larger populations.
                                                 (a) FINDINGS.—Congress finds the fol-                    (4) A more complete understanding of the               (2) REPORTING.—
                                               lowing:                                                 national problem posed by hate crime is in                (A) COMPLIANCE.—
                                                 (1) According to the American Journal of              the public interest and supports the Federal              (i) IN GENERAL.—Except as provided in
                                               Emergency Medicine, during the COVID–19                 interest in eradicating bias-motivated vio-            clause (ii), in each fiscal year beginning after
                                               pandemic, police departments across the                 lence referenced in section 249(b)(1)(C) of            the date that is 3 years after the date on
                                               country reported increases in domestic vio-             title 18, United States Code.                          which a State or unit of local government
                                               lence.                                                     (5) However, a complete understanding of            first receives a grant under paragraph (1),
                                                 (2) One study, published in the journal Ra-           the national problem posed by hate crimes is           the State or unit of local government shall
                                               diology, found that at Brigham and Women’s              hindered by incomplete data from Federal,              provide to the Attorney General, through the
                                               Hospital in Boston, radiology scans and su-             State, and local jurisdictions through the             Uniform Crime Reporting system, informa-
                                               perficial wounds consistent with domestic               Uniform Crime Reports program authorized               tion pertaining to hate crimes committed in
                                               abuse from March 11 to May 3 of last year ex-           under section 534 of title 28, United States           that jurisdiction during the preceding fiscal
                                               ceeded the totals for the same period in 2018           Code, and administered by the Federal Bu-              year.
                                               and 2019 combined.                                      reau of Investigation.                                    (ii) EXTENSIONS; WAIVER.—The Attorney
                                                 (3) Lockdowns associated with the COVID–                 (6) Multiple factors contribute to the pro-         General—
                                               19 pandemic increased the isolation of sur-             vision of inaccurate and incomplete data re-              (I) may provide a 120-day extension to a
                                               vivors of domestic violence and abusers have            garding the incidence of hate crime through            State or unit of local government that is
                                               taken advantage of that isolation to further            the Uniform Crime Reports program. A sig-              making good faith efforts to comply with
                                               exert power and coercive control.                       nificant contributing factor is the quality            clause (i); and
                                                 (4) Domestic violence programs and hot-               and quantity of training that State and local             (II) shall waive the requirements of clause
                                               lines across the country have seen a substan-           law enforcement agencies receive on the                (i) if compliance with that subparagraph by
                                               tial increase in contacts since the beginning           identification and reporting of suspected              a State or unit of local government would be
                                               of the COVID–19 pandemic.                               bias-motivated crimes.                                 unconstitutional under the constitution of
                                                 (5) Especially in rural areas, survivors are             (7) The problem of crimes motivated by              the State or of the State in which the unit of
                                               often far from shelter and services, and steps          bias is sufficiently serious, widespread, and          local government is located, respectively.
                                               taken to mitigate the spread of COVID–19                interstate in nature as to warrant Federal fi-            (B) FAILURE TO COMPLY.—If a State or unit
                                               have only exacerbated that disparity.                   nancial assistance to States and local juris-          of local government that receives a grant
                                                 (6) Survivors across the country have trag-           dictions.                                              under paragraph (1) fails to substantially
                                               ically experienced greater abuse and isola-                (8) Federal financial assistance with regard        comply with subparagraph (A) of this para-
                                               tion due to lockdowns associated with the               to certain violent crimes motivated by bias            graph, the State or unit of local government
                                               COVID–19 pandemic and are in desperate                  enables Federal, State, and local authorities          shall repay the grant in full, plus reasonable
                                               need of increased support.                              to work together as partners in the inves-             interest and penalty charges allowable by
                                                 (7) An extension of the Violence Against              tigation and prosecution of such crimes.               law or established by the Attorney General.
                                               Women Reauthorization Act of 2013 (Public                  (c) DEFINITIONS.—In this section:
                                                                                                                                                                (e) GRANTS FOR STATE-RUN HATE CRIME
                                               Law 113–4; 127 Stat. 54) that lasts through                (1) HATE CRIME.—The term ‘‘hate crime’’
                                               the COVID–19 pandemic ensures that sur-                 means an act described in section 245, 247, or         HOTLINES.—
                                               vivors can have their needs met, and ensures            249 of title 18, United States Code, or in sec-          (1) GRANTS AUTHORIZED.—
                                               that their abusers are subjected to justice.            tion 901 of the Civil Rights Act of 1968 (42             (A) IN GENERAL.—The Attorney General
                                                 (b) AUTHORITY.—Any program, authority,                U.S.C. 3631).                                          shall make grants to States to create State-
                                               or provision, including any pilot program,                 (2) PRIORITY AGENCY.—The term ‘‘priority            run hate crime reporting hotlines.
                                               authorized under the Violence Against                   agency’’ means—                                          (B) GRANT PERIOD.—A grant made under
                                               Women Reauthorization Act of 2013 (Public                  (A) a law enforcement agency of a unit of           subparagraph (A) shall be for a period of not
                                               Law 113–4; 127 Stat. 54) shall continue in ef-          local government that serves a population of           more than 5 years.
                                               fect through the date that is 6 months after            not less than 100,000, as computed by the                (2) HOTLINE REQUIREMENTS.—A State shall
                                               the date on which the public health emer-               Federal Bureau of Investigation; or                    ensure, with respect to a hotline funded by a
                                               gency for COVID–19, as declared by the Sec-                (B) a law enforcement agency of a unit of           grant under paragraph (1), that—
                                               retary of Health and Human Services under               local government that—                                   (A) the hotline directs individuals to—
                                               section 319 of the Public Health Service Act               (i) serves a population of not less than              (i) law enforcement if appropriate; and
                                               (42 U.S.C. 247d), expires.                              50,000 and less than 100,000, as computed by             (ii) local support services;
                                                                     ---                               the Federal Bureau of Investigation; and                 (B) any personally identifiable information
                                                 SA 1432. Mr. MORAN (for himself and                      (ii) has reported no hate crimes through            that an individual provides to an agency of
                                                                                                       the Uniform Crime Reports program in each              the State through the hotline is not directly
                                               Mr. BLUMENTHAL) submitted an amend-
                                                                                                       of the 3 most recent calendar years for which          or indirectly disclosed, without the consent
                                               ment intended to be proposed by him                                                                            of the individual, to—
                                               to the bill S. 937, to facilitate the expe-             such data is available.
                                                                                                          (3) STATE.—The term ‘‘State’’ has the                 (i) any other agency of that State;
                                               dited review of COVID–19 hate crimes,                                                                            (ii) any other State;
                                                                                                       meaning given the term in section 901 of
                                               and for other purposes; which was or-                   title I of the Omnibus Crime Control and                 (iii) the Federal Government; or
                                               dered to lie on the table; as follows:                  Safe Streets Act of 1968 (34 U.S.C. 10251).              (iv) any other person or entity;
                                                 At the appropriate place, insert the fol-                (4) UNIFORM CRIME REPORTS.—The term                   (C) the staff members who operate the hot-
                                               lowing:                                                 ‘‘Uniform Crime Reports’’ means the reports            line are trained to be knowledgeable about—
                                               SEC. lll. JABARA-HEYER NO HATE ACT.                     authorized under section 534 of title 28,                (i) applicable Federal, State, and local hate
                                                                                                       United States Code, and administered by the            crime laws; and
                                                 (a) SHORT TITLE.—This section may         be
                                                                                                       Federal Bureau of Investigation that com-                (ii) local law enforcement resources and
                                               cited as the ‘‘Khalid Jabara and Heather
                                                                                                       pile nationwide criminal statistics for use—           applicable local support services; and
                                               Heyer National Opposition to Hate, Assault,
                                                                                                          (A) in law enforcement administration, op-            (D) the hotline is accessible to—
                                               and Threats to Equality Act of 2021’’ or the
                                                                                                       eration, and management; and                             (i) individuals with limited English pro-
                                               ‘‘Jabara-Heyer NO HATE Act’’.
                                                                                                          (B) to assess the nature and type of crime          ficiency, where appropriate; and
                                                  (b) FINDINGS.—Congress finds the fol-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       in the United States.                                    (ii) individuals with disabilities.
                                               lowing:
                                                                                                          (5) UNIT OF LOCAL GOVERNMENT.—The term                (3) BEST PRACTICES.—The Attorney General
                                                  (1) The incidence of violence known as hate
                                                                                                       ‘‘unit of local government’’ has the meaning           shall issue guidance to States on best prac-
                                               crimes, or crimes motivated by bias, poses a
                                                                                                       given the term in section 901 of title I of the        tices for implementing the requirements of
                                               serious national problem.
                                                                                                       Omnibus Crime Control and Safe Streets Act             paragraph (2).
                                                  (2) According to data obtained by the Fed-
                                               eral Bureau of Investigation, the incidence of          of 1968 (34 U.S.C. 10251).                              (f) INFORMATION COLLECTION BY STATES AND
                                               such violence increased in 2019, the most re-              (d) REPORTING OF HATE CRIMES.—                      UNITS OF LOCAL GOVERNMENT.—
                                               cent year for which data is available.                     (1) IMPLEMENTATION GRANTS.—                          (1) DEFINITIONS.—In this subsection:




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                                               S1948                                             CONGRESSIONAL RECORD — SENATE                                                           April 14, 2021
                                                 (A) APPLICABLE AGENCY.—The term ‘‘appli-              relate to reporting hate crimes through the              (i) adopted a policy on identifying, inves-
                                               cable agency’’, with respect to an eligible en-         Uniform Crime Reports program.                         tigating, and reporting hate crimes;
                                               tity that is—                                             (ii) CONTENTS.—In a report submitted                   (ii) developed a standardized system of col-
                                                 (i) a State, means—                                   under clause (i), a law enforcement agency             lecting, analyzing, and reporting the inci-
                                                 (I) a law enforcement agency of the State;            shall, at a minimum, disclose—                         dence of hate crime;
                                               and                                                       (I) whether the agency has adopted a pol-              (iii) established a unit specialized in iden-
                                                 (II) a law enforcement agency of a unit of            icy on identifying, investigating, and report-         tifying, investigating, and reporting hate
                                               local government within the State that—                 ing hate crimes;                                       crimes;
                                                 (aa) is a priority agency; and                          (II) whether the agency has developed a                (iv) engaged in community relations func-
                                                 (bb) receives a subgrant from the State               standardized system of collecting, analyzing,          tions related to hate crime, such as—
                                               under this section; and                                 and reporting the incidence of hate crime;               (I) establishing a liaison with formal com-
                                                 (ii) a unit of local government, means a                (III) whether the agency has established a           munity-based organizations or leaders; and
                                               law enforcement agency of the unit of local             unit specialized in identifying, investigating,          (II) conducting public meetings or edu-
                                               government that is a priority agency.                   and reporting hate crimes;                             cational forums on the impact of hate crime,
                                                 (B) COVERED AGENCY.—The term ‘‘covered                  (IV) whether the agency engages in com-              services available to hate crime victims, and
                                               agency’’ means—                                         munity relations functions related to hate             the relevant Federal, State, and local laws
                                                 (i) a State law enforcement agency; and               crime, such as—                                        pertaining to hate crime; and
                                                 (ii) a priority agency.                                 (aa) establishing a liaison with formal                (v) conducted hate crime trainings for
                                                 (C) ELIGIBLE ENTITY.—The term ‘‘eligible              community-based organizations or leaders;              agency personnel during the reporting pe-
                                               entity’’ means—                                         and                                                    riod, including—
                                                 (i) a State; or                                         (bb) conducting public meetings or edu-                (I) the total number of trainings conducted
                                                 (ii) a unit of local government that has a            cational forums on the impact of hate crime,           by each agency; and
                                               priority agency.                                        services available to hate crime victims, and            (II) the duration of the trainings described
                                                 (2) GRANTS.—                                          the relevant Federal, State, and local laws            in subclause (I).
                                                 (A) IN GENERAL.—The Attorney General                  pertaining to hate crime; and                            (h) ALTERNATIVE SENTENCING.—Section 249
                                               may make grants to eligible entities to as-               (V) the number of hate crime trainings for           of title 18, United States Code, is amended by
                                               sist covered agencies within the jurisdiction           agency personnel, including the duration of            adding at the end the following:
                                               of the eligible entity in conducting law en-            the trainings, conducted by the agency dur-              ‘‘(e) SUPERVISED RELEASE.—If a court in-
                                               forcement activities or crime reduction pro-            ing the reporting period.                              cludes, as a part of a sentence of imprison-
                                               grams to prevent, address, or otherwise re-               (4) COMPLIANCE AND REDIRECTION OF                    ment imposed for a violation of subsection
                                               spond to hate crime, particularly as those              FUNDS.—                                                (a), a requirement that the defendant be
                                               activities or programs relate to reporting                (A) IN GENERAL.—Except as provided in                placed on a term of supervised release after
                                               hate crimes through the Uniform Crime Re-               subparagraph (B), beginning not later than 1           imprisonment under section 3583, the court
                                               ports program, including—                               year after the date of this Act, an eligible           may order, as an explicit condition of super-
                                                 (i) adopting a policy on identifying, inves-          entity receiving a grant under paragraph (2)           vised release, that the defendant undertake
                                               tigating, and reporting hate crimes;                    shall comply with paragraph (3).                       educational classes or community service di-
                                                 (ii) developing a standardized system of                                                                     rectly related to the community harmed by
                                                                                                         (B) EXTENSIONS; WAIVER.—The Attorney
                                               collecting, analyzing, and reporting the inci-                                                                 the defendant’s offense.’’.
                                                                                                       General—
                                               dence of hate crime;
                                                                                                         (i) may provide a 120-day extension to an
                                                 (iii) establishing a unit specialized in iden-                                                                 SA 1433. Mr. TUBERVILLE sub-
                                                                                                       eligible entity that is making good faith ef-
                                               tifying, investigating, and reporting hate
                                                                                                       forts to collect the information required              mitted an amendment intended to be
                                               crimes;
                                                                                                       under paragraph (3); and                               proposed by him to the bill S. 937, to
                                                 (iv) engaging in community relations func-
                                                                                                         (ii) shall waive the requirements of para-           facilitate the expedited review of
                                               tions related to hate crime prevention and
                                                                                                       graph (3) for a State or unit of local govern-         COVID–19 hate crimes, and for other
                                               education such as—
                                                                                                       ment if compliance with that subsection by
                                                 (I) establishing a liaison with formal com-                                                                  purposes; which was ordered to lie on
                                               munity-based organizations or leaders; and              the State or unit of local government would
                                                                                                       be unconstitutional under the constitution             the table; as follows:
                                                 (II) conducting public meetings or edu-                                                                        On page 3, line 16, strike ‘‘and’’ and insert
                                               cational forums on the impact of hate                   of the State or of the State in which the unit
                                                                                                       of local government is located, respectively.          the following:
                                               crimes, services available to hate crime vic-                                                                    (2) include information relating to the
                                               tims, and the relevant Federal, State, and                (g) REQUIREMENTS OF THE ATTORNEY GEN-
                                                                                                                                                              race, ethnicity, immigration status, and po-
                                               local laws pertaining to hate crimes; and               ERAL.—
                                                                                                                                                              litical affiliation of the alleged perpetrator
                                                 (v) providing hate crime trainings for agen-            (1) INFORMATION COLLECTION AND ANALYSIS;
                                                                                                                                                              of a hate crime or incident in the online re-
                                               cy personnel.                                           REPORT.—In order to improve the accuracy of
                                                                                                                                                              porting described in paragraph (1); and
                                                 (B) SUBGRANTS.—A State that receives a                data regarding the incidence of hate crime
                                               grant under subparagraph (A) may award a                provided through the Uniform Crime Reports
                                                                                                                                                                SA 1434. Mr. TUBERVILLE sub-
                                               subgrant to a priority agency of a unit of              program, and promote a more complete un-
                                               local government within the State for the               derstanding of the national problem posed by           mitted an amendment intended to be
                                               purposes under that subparagraph.                       hate crime, the Attorney General shall—                proposed by him to the bill S. 937, to
                                                 (3) INFORMATION REQUIRED OF STATES AND                  (A) collect and analyze the information              facilitate the expedited review of
                                               UNITS OF LOCAL GOVERNMENT.—                             provided by States and units of local govern-          COVID–19 hate crimes, and for other
                                                 (A) IN GENERAL.—For each fiscal year in               ment under subsection (f) for the purpose of           purposes; which was ordered to lie on
                                               which an eligible entity receives a grant               developing policies related to the provision           the table; as follows:
                                               under paragraph (2), the eligible entity                of accurate data obtained under the Hate
                                                                                                                                                                On page 4, line 2, insert the following:
                                               shall—                                                  Crime Statistics Act (Public Law 101–275; 28
                                                                                                                                                              ‘‘Any guidance issued under this subsection
                                                 (i) collect information from each applica-            U.S.C. 534 note) by the Federal Bureau of In-
                                                                                                                                                              shall not preclude an educator, government
                                               ble agency summarizing the law enforcement              vestigation; and
                                                                                                                                                              official, or any other individual in a position
                                               activities or crime reduction programs con-               (B) for each calendar year beginning after
                                                                                                                                                              of authority from describing the COVID–19
                                               ducted by the agency to prevent, address, or            the date of enactment of this Act, publish
                                                                                                                                                              pandemic as having originated in and subse-
                                               otherwise respond to hate crime, particu-               and submit to Congress a report based on the
                                                                                                                                                              quently spread from China.’’.
                                               larly as those activities or programs relate            information collected and analyzed under
                                               to reporting hate crimes through the Uni-               subparagraph (A).
                                               form Crime Reports program; and                           (2) CONTENTS OF REPORT.—A report sub-                  SA 1435. Mr. TUBERVILLE sub-
                                                 (ii) submit to the Attorney General a re-             mitted under paragraph (1) shall include—              mitted an amendment intended to be
                                               port containing the information collected                 (A) a qualitative analysis of the relation-          proposed by him to the bill S. 937, to
                                               under clause (i).                                       ship between—                                          facilitate the expedited review of
                                                 (B) SEMIANNUAL LAW ENFORCEMENT AGENCY                   (i) the number of hate crimes reported by            COVID–19 hate crimes, and for other
                                               REPORT.—                                                State law enforcement agencies or priority             purposes; which was ordered to lie on
                                                 (i) IN GENERAL.—In collecting the informa-            agencies through the Uniform Crime Reports             the table; as follows:
                                               tion required under subparagraph (A)(i), an             program; and




SSpencer on DSK126QN23PROD with SENATE
                                               eligible entity shall require each applicable             (ii) the nature and extent of law enforce-             On page 3, line 14, after ‘‘incidents,’’ insert
                                               agency to submit a semiannual report to the             ment activities or crime reduction programs            the following: ‘‘including establishing crimi-
                                               eligible entity that includes a summary of              conducted by those agencies to prevent, ad-            nal penalties for any online reporting of a
                                               the law enforcement activities or crime re-             dress, or otherwise respond to hate crime;             hate crime that is fraudulent, illegitimate,
                                               duction programs conducted by the agency                and                                                    or retaliatory in nature,’’.
                                               during the reporting period to prevent, ad-               (B) a quantitative analysis of the number
                                               dress, or otherwise respond to hate crime,              of State law enforcement agencies and pri-              SA 1436. Mr. TUBERVILLE sub-
                                               particularly as those activities or programs            ority agencies that have—                              mitted an amendment intended to be



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                                               April 14, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                    S1949
                                               proposed by him to the bill S. 937, to                    At the appropriate place, insert the fol-            travel, or committed a crime of violence, be-
                                               facilitate the expedited review of                      lowing:                                                cause of the actual or perceived relationship
                                               COVID–19 hate crimes, and for other                     SEC. ll. REQUIREMENT TO DISSEMINATE SEC-               of any individual to the spread of COVID–19
                                                                                                                 OND AMENDMENT INFORMATION TO                 for any reason, including appearance, mask
                                               purposes; which was ordered to lie on                             THE ASIAN AMERICAN COMMUNITY.                wearing, or vaccination status.
                                               the table; as follows:                                    Not later than 1 day after the date of en-
                                                                                                                                                                             f
                                                 At the end, add the following:                        actment of this Act, the Attorney General
                                               SEC. 4. COVID–19 HATE CRIME STUDY.                      shall designate an officer or employee of the           AUTHORITY FOR COMMITTEES TO
                                                 (a) IN GENERAL.—Not later than the earlier            Department of Justice whose sole responsi-                              MEET
                                               of 1 year after the date on enactment of this           bility shall be to disseminate information to
                                                                                                       Asian Americans in the United States re-
                                                                                                                                                                Ms. STABENOW. Mr. President, I
                                               Act or 180 days after the date on which the
                                               Director of the Centers for Disease Control             garding—                                               have 10 requests for committees to
                                               and Prevention determines that COVID–19                   (1) rights provided under the Second                 meet during today’s session of the Sen-
                                               mitigation measures are no longer nec-                  Amendment to the Constitution of the                   ate. They have the approval of the Ma-
                                               essary, the Attorney General, in coordina-              United States; and                                     jority and Minority leaders.
                                               tion with the Secretary of Health and                     (2) legal protections for individuals who de-          Pursuant to rule XXVI, paragraph
                                               Human Services, shall conduct a study on                fend themselves against acts of violence.              5(a), of the Standing Rules of the Sen-
                                               whether there is a correlation between—                                                                        ate, the following committees are au-
                                                 (1) the frequency of COVID–19 hate crimes;              SA 1440. Mr. PAUL submitted an
                                                                                                                                                              thorized to meet during today’s session
                                               and                                                     amendment intended to be proposed by
                                                                                                                                                              of the Senate:
                                                 (2) the existence of more restrictive                 him to the bill S. 937, to facilitate the
                                                                                                                                                                     COMMITTEE ON COMMERCE, SCIENCE, AND
                                               COVID–19 mitigation measures.                           expedited review of COVID–19 hate
                                                 (b) POPULATION ADJUSTMENT.—In con-                                                                                           TRANSPORTATION
                                                                                                       crimes, and for other purposes; which
                                               ducting the study required under subsection                                                                      The     Committee     on   Commerce,
                                                                                                       was ordered to lie on the table; as fol-
                                               (a), the Attorney General shall adjust data                                                                    Science, and Transportation is author-
                                                                                                       lows:
                                               based on the population of a particular area,                                                                  ized to meet during the session of the
                                               as appropriate.                                           Strike all after the enacting clause and in-
                                                                                                                                                              Senate on Wednesday, April 14, 2021, at
                                                                                                       sert the following:
                                                                                                       SECTION 1. REPORT ON DISCRIMINATION BY RE-
                                                                                                                                                              10 a.m., to conduct a hearing.
                                                 SA 1437. Mr. KENNEDY submitted an
                                                                                                                  CIPIENTS OF COVID–19 RELIEF BEN-                   COMMITTEE ON ENVIRONMENT AND PUBLIC
                                               amendment intended to be proposed by                               EFITS BASED ON ACTUAL OR PER-                                     WORKS
                                               him to the bill S. 937, to facilitate the                          CEIVED COVID–19 STATUS.                       The Committee on Environment and
                                               expedited review of COVID–19 hate                         (a) SENSE OF CONGRESS.—It is the sense of            Public Works is authorized to meet
                                               crimes, and for other purposes; which                   Congress that—
                                                                                                                                                              during the session of the Senate on
                                               was ordered to lie on the table; as fol-                  (1) all forms of hatred against all people
                                                                                                       and the rise in violence in the wake of                Wednesday, April 14, 2021, at 10 a.m., to
                                               lows:                                                                                                          conduct a hearing.
                                                                                                       COVID–19 be condemned; and
                                                 At the appropriate place, insert the fol-
                                                                                                         (2) physical and verbal attacks against                     COMMITTEE ON HOMELAND SECURITY AND
                                               lowing:
                                                                                                       Asian American and Pacific Islander persons,                        GOVERNMENTAL AFFAIRS
                                               SEC. 4. PROHIBITING DISCRIMINATION IN ADMIS-
                                                                                                       such as those resulting in the killing an 84-            The Committee on Homeland Secu-
                                                           SION TO POSTSECONDARY INSTITU-
                                                           TIONS.                                      year old Thai immigrant in San Francisco,              rity and Governmental Affairs is au-
                                                 Section 601 of the Civil Rights Act of 1964           California, the setting on fire of an 89-year          thorized to meet during the session of
                                                                                                       old Chinese woman in Brooklyn, New York,
                                               (42 U.S.C. 2000d) is amended—                                                                                  the Senate on Wednesday, April 14,
                                                 (1) by inserting ‘‘(a)’’ before ‘‘No person’’;        and the slashing of a 61-year old Filipino
                                                                                                       American’s face with a box cutter while in             2021, at 9:45 a.m., to conduct a hearing
                                               and                                                                                                            on nominations.
                                                 (2) by adding at the end the following:               the New York Subway, are reprehensible,
                                                 ‘‘(b) ADMISSION TO POSTSECONDARY INSTITU-             contrary to American values as well as the                    COMMITTEE ON HOMELAND SECURITY AND

                                               TIONS.—It shall be unlawful for an employee
                                                                                                       sanctity of human life, and must be stopped.                        GOVERNMENTAL AFFAIRS
                                                                                                         (b) DEFINITIONS.—In this section—                      The Committee on Homeland Secu-
                                               of a postsecondary institution referred to in
                                                                                                         (1) the term ‘‘COVID–19 relief benefits’’—           rity and Governmental Affairs is au-
                                               section 606(2)(A) and receiving Federal finan-
                                                                                                         (A) means any benefit from the Federal               thorized to meet during the session of
                                               cial assistance, to use, or refer an applicant
                                                                                                       Government relating to the COVID–19 pan-
                                               to, an informal or formal quota system based
                                                                                                       demic; and
                                                                                                                                                              the Senate on Wednesday, April 14,
                                               on race, ethnicity, color, or national origin,                                                                 2021, at 10 a.m., to conduct a hearing on
                                                                                                         (B) includes any grant, funds, loan, loan
                                               during any step of the admissions process, to                                                                  nominations.
                                                                                                       guarantee, bankruptcy relief, mortgage,
                                               determine whether the applicant involved
                                                                                                       rent, or eviction relief, or other benefit re-                    COMMITTEE ON INDIAN AFFAIRS
                                               shall be admitted to the institution.’’.
                                                                                                       ceived under the American Rescue Plan                    The Committee on Indian Affairs is
                                                 SA 1438. Mr. MARSHALL submitted                       (Public Law 117–2), the Consolidated Appro-            authorized to meet during the session
                                                                                                       priations Act, 2021 (Public Law 116–260), the          of the Senate on Wednesday, April 14,
                                               an amendment intended to be proposed                    Paycheck Protection Program and Health
                                               by him to the bill S. 937, to facilitate                                                                       2021, at 2:30 p.m., to conduct a hearing.
                                                                                                       Care Enhancement Act (Public Law 116–139;
                                               the expedited review of COVID–19 hate                   134 Stat. 620), the CARES Act (Public Law                         COMMITTEE ON THE JUDICIARY
                                               crimes, and for other purposes; which                   116–136; 134 Stat. 281), the Families First              The Committee on the Judiciary is
                                               was ordered to lie on the table; as fol-                Coronavirus Response Act (Public Law 116–              authorized to meet during the session
                                               lows:                                                   127; 134 Stat. 178), the Coronavirus Prepared-         of the Senate on Wednesday, April 14,
                                                 At the appropriate place, insert the fol-             ness and Response Supplemental Appropria-              2021, at 10 a.m., to conduct a hearing on
                                               lowing:                                                 tions Act, 2020 (Public Law 116–123; 134 Stat.         nominations.
                                                                                                       146), or an amendment made by any such
                                               SEC. ll. REQUIREMENT TO INVESTIGATE INCI-                                                                               COMMITTEE ON VETERANS’ AFFAIRS
                                                          DENCE    OF    DISCRIMINATION                Act; and
                                                                                                         (2) the term ‘‘crime of violence’’ has the             The Committee on Veterans’ Affairs
                                                          AGAINST ASIAN AMERICAN HIGH
                                                          SCHOOL AND COLLEGE APPLICANTS.               meaning given that term in section 16 of               is authorized to meet during the ses-
                                                 Not later than 1 day after the date of en-            title 18, United States Code.                          sion of the Senate on Wednesday, April
                                               actment of this Act, the Attorney General                 (c) REPORT.—Not later than 180 days after            14, 2021, at 3 p.m., to conduct a hearing
                                               shall designate an officer or employee of the           the date of enactment of this Act, the Attor-          on a nomination.
                                               Department of Justice whose sole responsi-              ney General shall submit to Congress a re-
                                                                                                                                                                      SELECT COMMITTEE ON INTELLIGENCE
                                               bility shall be to investigate selective high           port that studies—
                                                                                                         (1) crimes of violence motivated by the ac-            The Select Committee on Intel-
                                               schools and institutions of higher education
                                                                                                       tual or perceived relationship of any indi-            ligence is authorized to meet during
                                               in the United States accused of discrimi-
                                               nating against Asian American applicants.               vidual to the spread of COVID–19 for any rea-          the session of the Senate on Wednes-
                                                                                                       son, including appearance, mask wearing, or            day, April 14, 2021, at 10 a.m., to con-




SSpencer on DSK126QN23PROD with SENATE
                                                 SA 1439. Mr. MARSHALL submitted                       vaccination status; and                                duct an open hearing.
                                               an amendment intended to be proposed                      (2) the extent to which businesses that re-                  SELECT COMMITTEE ON INTELLIGENCE
                                                                                                       ceived COVID–19 relief benefits discrimi-
                                               by him to the bill S. 937, to facilitate                                                                         The Select Committee on Intel-
                                                                                                       nated against individuals who are perceived
                                               the expedited review of COVID–19 hate                   to have spread COVID–19, which shall specifi-          ligence is authorized to meet during
                                               crimes, and for other purposes; which                   cally detail the extent to which businesses            the session of the Senate on Wednes-
                                               was ordered to lie on the table; as fol-                that received COVID–19 relief benefits, or             day, April 14, 2021, at 1 p.m., to conduct
                                               lows:                                                   agents thereof, denied goods, services, or             an open hearing.



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