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34 U.S.C. § 41305 — Hate crime statistics

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 41305 — Hate crime statistics

**(a)** This Act may be cited as the “Hate Crime Statistics Act”. **(b)** (1) Under the authority of [section 534 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim), the Attorney General shall acquire data, for each calendar year, about crimes that manifest evidence of prejudice based on race, gender and gender identity, religion, disability, sexual orientation, or ethnicity, including where appropriate the crimes of murder, non-negligent manslaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruction, damage or vandalism of property. (2) The Attorney General shall establish guidelines for the collection of such data including the necessary evidence and criteria that must be present for a finding of manifest prejudice and procedures for carrying out the purposes of this section. (3) Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation. As used in this section, the term “sexual orientation” means consensual homosexuality or heterosexuality. This subsection does not limit any existing cause of action or right to bring an action, including any action under the Administrative Procedure Act [[5 U.S.C. 551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim) et seq., 701 et seq.] or the All Writs Act [[28 U.S.C. 1651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1651&num=0&edition=prelim)]. (4) Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime. (5) The Attorn

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Source location: Title 34, Chapter 413, § 41305; chapter-413-crime-reports-and-statistics.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1651 — Writs

**(a)** The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law. **(b)** An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.

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5 U.S.C. § 551 — Definitions

For the purpose of this subchapter— (1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)— (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below. (2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; (4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 534 — Acquisition, preservation, and exchange of identification records and information; appointment of officials

**(a)** The Attorney General shall— (1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; (2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin); (4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and (5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen. **(b)** The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section. **(c)** The Attorney General may appoint officials to perform the functions authorized by this section. **(d) Indian Law Enforcement Agencies.—** (1) **In general.—** — The Attorn

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1092 — Institutional and financial assistance information for students

**(a) Information dissemination activities** (1) Each eligible institution participating in any program under this subchapter shall carry out information dissemination activities for prospective and enrolled students (including those attending or planning to attend less than full time) regarding the institution and all financial assistance under this subchapter. The information required by this section shall be produced and be made readily available upon request, through appropriate publications, mailings, and electronic media, to an enrolled student and to any prospective student. Each eligible institution shall, on an annual basis, provide to all enrolled students a list of the information that is required to be provided by institutions to students by this section and section 444 of the General Education Provisions Act [[20 U.S.C. 1232g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232g&num=0&edition=prelim)] (commonly known as the “Family Educational Rights and Privacy Act of 1974”), together with a statement of the procedures required to obtain such information. The information required by this section shall accurately describe— (A) the student financial assistance programs available to students who enroll at such institution; (B) the methods by which such assistance is distributed among student recipients who enroll at such institution; (C) any means, including forms, by which application for student financial assistance is made and requirements for accurately preparing such application; (D) the rights and responsibilities of students receiving financial assistance under this subchapter; (E) the cost of attending the institution, including (i) tuition and fees, (ii) books and supplies, (iii) estimates of typical stude

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Federal law — U.S. Code and appendices · legal_authorities

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

**(a) Short title** This section may be cited as the “Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021” or the “Jabara-Heyer NO HATE Act”. **(b) Findings** Congress finds the following: (1) The incidence of violence known as hate crimes, or crimes motivated by bias, poses a serious national problem. (2) According to data obtained by the Federal Bureau of Investigation, the incidence of such violence increased in 2019, the most recent year for which data is available. (3) In 1990, Congress enacted the Hate Crime Statistics Act (Public Law 101–275; [28 U.S.C. 534](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim) note) 11 See References in Text note below. to provide the Federal Government, law enforcement agencies, and the public with data regarding the incidence of hate crime. The Hate Crime Statistics Act and the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (division E of Public Law 111–84; 123 Stat. 2835) 1 have enabled Federal authorities to understand and, where appropriate, investigate and prosecute hate crimes. (4) A more complete understanding of the national problem posed by hate crime is in the public interest and supports the Federal interest in eradicating bias-motivated violence referenced in [section 249(b)(1)(C) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section249/b/1/C&num=0&edition=prelim). (5) However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions through the Uniform Crime Reports program authorized under [section 534 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-p

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14503 — Limitation on liability for volunteers

**(a) Liability protection for volunteers** Except as provided in subsections (b), (c), and (e), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if— (1) the volunteer was acting within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity at the time of the act or omission; (2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity; (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer; and (4) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to— (A) possess an operator’s license; or (B) maintain insurance. **(b) Liability protection for pilots that fly for public benefit** Except as provided in subsections (c) and (e), no volunteer of a volunteer pilot nonprofit organization that arranges flights for public benefit shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization if, at the time of the act or omission, the volunteer— (1) was operating an aircraft in furtherance of the purpose of, and acting within the scope of the volunteer’s responsibilities on behalf of, t

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14505 — Definitions

For purposes of this chapter: (1) **Economic loss** — The term “economic loss” means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (2) **Harm** — The term “harm” includes physical, nonphysical, economic, and noneconomic losses. (3) **Noneconomic losses** — The term “noneconomic losses” means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. (4) **Nonprofit organization** — The term “nonprofit organization” means— (A) any organization which is described in [section 501(c)(3) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c/3&num=0&edition=prelim) and exempt from tax under section 501(a) of such title and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act ([28 U.S.C. 534](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim) note); 11 See References in Text note below. or (B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a hate crime

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1651 — Writs

Page 439 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1651 § 1631. Transfer to cure want of jurisdiction Whenever a civil action is filed in a court as defined in section 610 of this title or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of ju- risdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court (or, for cases within the juris- diction of the United States Tax Court, to that court) in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in or noticed for the court to which it is transferred on the date upon which it was actually filed in or noticed for the court from which it is transferred. (Added Pub. L. 97–164, title III, § 301(a), Apr. 2, 1982, 96 Stat. 55; amended Pub. L. 115–332, § 2, Dec. 19, 2018, 132 Stat. 4487.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–332 inserted ‘‘(or, for cases within the jurisdiction of the United States Tax Court, to that court)’’ after ‘‘any other such court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amend- ment note under section 171 of this title. PART V—PROCEDURE Chap. Sec. 111. General Provisions ............................. 1651 113. Process ................................................... 1691 114. Class Actions ........................................ 1711 115. Evidence; Documentary .................... 1731 117. Evidence; Depositions ........................ 1781 119. Evidence; Witnesses ................

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 41305 — Hate crime statistics

Page 642 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41305 shall collect and publish data that more accu- rately measures the extent of domestic violence in America, especially the physical and sexual abuse of children and the elderly. (c) Authorization of appropriations There are authorized to be appropriated in fis- cal years 1989, 1990, 1991, and 1992, such sums as are necessary to carry out the purposes of this section. (Pub. L. 100–690, title VII, § 7609, Nov. 18, 1988, 102 Stat. 4517.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. § 41305. Hate crime statistics (a) This Act may be cited as the ‘‘Hate Crime Statistics Act’’. (b)(1) Under the authority of section 534 of title 28, the Attorney General shall acquire data, for each calendar year, about crimes that mani- fest evidence of prejudice based on race, gender and gender identity, religion, disability, sexual orientation, or ethnicity, including where appro- priate the crimes of murder, non-negligent man- slaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruc- tion, damage or vandalism of property. (2) The Attorney General shall establish guide- lines for the collection of such data including the necessary evidence and criteria that must be present for a finding of manifest prejudice and procedures for carrying out the purposes of this section. (3) Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation. As used in this section, the term ‘‘sexual orientation’’ means consensual homo- sexual

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 551 — Definitions

Page 105 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 551 to any case commenced on or after October 1, 1984, and finally disposed of before the date of the enactment of this Act [Aug. 5, 1985], except that in any such case, the 30-day period referred to in section 504(a)(2) of title 5, United States Code, or section 2412(d)(1)(B) of title 28, United States Code, as the case may be, shall be deemed to commence on the date of the enactment of this Act. ‘‘(c) APPLICABILITY OF AMENDMENTS TO PRIOR BOARD OF CONTRACTS APPEALS CASES.—Section 504(b)(1)(C)(ii) of title 5, United States Code, as added by section 1(c)(2) of this Act, and section 2412(d)(2)(E) of title 28, United States Code, as added by section 2(c)(2) of this Act, shall apply to any adversary adjudication pending on or commenced on or after October 1, 1981, in which applications for fees and other expenses were timely filed and were dismissed for lack of jurisdiction.’’ EFFECTIVE DATE Pub. L. 96–481, title II, § 208, Oct. 21, 1980, 94 Stat. 2330, as amended by Pub. L. 99–80, § 5, Aug. 5, 1985, 99 Stat. 186, provided that: ‘‘This title and the amendments made by this title [see Short Title note below] shall take effect of [on] October 1, 1981, and shall apply to any adversary adjudication, as defined in section 504(b)(1)(C) of title 5, United States Code, and any civil action or adversary adjudication described in section 2412 of title 28, United States Code, which is pending on, or commenced on or after, such date. Awards may be made for fees and other expenses incurred before Oc- tober 1, 1981, in any such adversary adjudication or civil action.’’ Pub. L. 96–481, title II, § 203(c), Oct. 21, 1980, 94 Stat. 2327, which provided that effective Oct. 1, 1984, this sec- tion is repealed

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