34 U.S.C. § 30503 — Support for criminal investigations and

Page 578 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30502 best practices and guidelines of public health officials and have caused significant harm to AAPI families and communities that must be addressed. Despite these increasing acts of intolerance, Asian Americans and Pacific Islanders have made our Nation more secure during the COVID–19 pandemic and throughout our history. An estimated 2 million Asian Americans and Pacific Islanders have served on the front lines of this crisis as healthcare providers, as first responders, and in other essential roles. The Federal Government should combat racism, xenophobia, and in- tolerance against Asian Americans and Pacific Island- ers and should work to ensure that all members of AAPI communities--no matter their background, the language they speak, or their religious beliefs--are treated with dignity and equity. By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Condemning Racism, Xenophobia, and Intol- erance Against Asian Americans and Pacific Islanders. The Federal Government has a responsibility to prevent racism, xenophobia, and intolerance against everyone in America, including Asian Americans and Pacific Is- landers. My Administration condemns and denounces acts of racism, xenophobia, and intolerance against AAPI communities. SEC. 2. Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders. (a) The Secretary of Health and Human Services shall, in co- ordination with the COVID–19 Health Equity Task Force, consider issuing guidance describing best prac- tices for advancing cultural competency, language ac- cess, and sensitivity towards Asian Americans and Pa- cific Islanders in the context of the Federal Govern- ment’s COVID–19 response. In developing any such guidance, the Secretary should consider the best prac- tices set forth by public health organizations and ex- perts for mitigating racially discriminatory language in describing the COVID–19 pandemic. (b) Executive departments and agencies (agencies) shall take all appropriate steps to ensure that official actions, documents, and statements, including those that pertain to the COVID–19 pandemic, do not exhibit or contribute to racism, xenophobia, and intolerance against Asian Americans and Pacific Islanders. Agen- cies may consult with public health experts, AAPI com- munity leaders, or AAPI community-serving organiza- tions, or may refer to any best practices issued pursu- ant to subsection (a) of this section, to ensure an un- derstanding of the needs and challenges faced by AAPI communities. (c) The Attorney General shall explore opportunities to support, consistent with applicable law, the efforts of State and local agencies, as well as AAPI commu- nities and community-based organizations, to prevent discrimination, bullying, harassment, and hate crimes against AAPI individuals, and to expand collection of data and public reporting regarding hate incidents against such individuals. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) Independent agencies are strongly encouraged to comply with the provisions of this memorandum. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) The Secretary of Health and Human Services is authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. § 30502. Definitions In this division— (1) the term ‘‘crime of violence’’ has the meaning given that term in section 16 of title 18; (2) the term ‘‘hate crime’’ has the meaning given that term in section 280003(a) of the Vio- lent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 2096), as amended by this Act; (3) the term ‘‘local’’ means a county, city, town, township, parish, village, or other gen- eral purpose political subdivision of a State; and (4) the term ‘‘State’’ includes the District of Columbia, Puerto Rico, and any other terri- tory or possession of the United States. (Pub. L. 111–84, div. E, § 4703(b), Oct. 28, 2009, 123 Stat. 2836.) Editorial Notes REFERENCES IN TEXT This division, referred to in text, is division E of Pub. L. 111–84, Oct. 28, 2009, 123 Stat. 2835, known as the Mat- thew Shepard and James Byrd, Jr. Hate Crimes Preven- tion Act. For complete classification of division E to the Code, see Short Title of 2009 Act note set out under section 10101 of this title and Tables. Section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 2096), as amended by this Act, referred to in par. (2), is section 280003(a) of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 2096, as amended by Pub. L. 111–84, which en- acted provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure. CODIFICATION Section is comprised of subsec. (b) of section 4703 of Pub. L. 111–84. Subsec. (a) of section 4703 of Pub. L. 111–84 amended provisions listed in a Table of Provi- sions for Review, Promulgation, or Amendment of Fed- eral Sentencing Guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure. Section was formerly classified as a note under sec- tion 3716 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. § 30503. Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials (a) Assistance other than financial assistance (1) In general At the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that— (A) constitutes a crime of violence; (B) constitutes a felony under the State, local, or tribal laws; and (C) is motivated by prejudice based on the actual or perceived race, color, religion, na- tional origin, gender, sexual orientation, Page 579 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30505 gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws. (2) Priority In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have com- mitted crimes in more than one State and to rural jurisdictions that have difficulty cov- ering the extraordinary expenses relating to the investigation or prosecution of the crime. (b) Grants (1) In general The Attorney General may award grants to State, local, and tribal law enforcement agen- cies for extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of Justice Programs In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected par- ties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application (A) In general Each State, local, and tribal law enforce- ment agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submission Applications submitted pursuant to sub- paragraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) Requirements A State, local, and tribal law enforcement agency applying for a grant under this sub- section shall— (i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, local govern- ment, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with non- profit, nongovernmental victim services programs that have experience in pro- viding services to victims of hate crimes; and (iv) certify that any Federal funds re- ceived under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4) Deadline An application for a grant under this sub- section shall be approved or denied by the At- torney General not later than 180 business days after the date on which the Attorney General receives the application. (5) Grant amount A grant under this subsection shall not ex- ceed $100,000 for any single jurisdiction in any 1-year period. (6) Report Not later than December 31, 2011, the Attor- ney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010, 2011, and 2012. (Pub. L. 111–84, div. E, § 4704, Oct. 28, 2009, 123 Stat. 2837.) Editorial Notes CODIFICATION Section was formerly classified to section 3716 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 30504. Grant program (a) Authority to award grants The Office of Justice Programs of the Depart- ment of Justice may award grants, in accord- ance with such regulations as the Attorney Gen- eral may prescribe, to State, local, or tribal pro- grams designed to combat hate crimes com- mitted by juveniles, including programs to train local law enforcement officers in identifying, in- vestigating, prosecuting, and preventing hate crimes. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 111–84, div. E, § 4705, Oct. 28, 2009, 123 Stat. 2838.) Editorial Notes CODIFICATION Section was formerly classified to section 3716a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 30505. Severability If any provision of this division, an amend- ment made by this division, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this division, the amendments made by this division, and the application of the provisions of such to any person or circumstance shall not be affected thereby. (Pub. L. 111–84, div. E, § 4709, Oct. 28, 2009, 123 Stat. 2841.) Editorial Notes REFERENCES IN TEXT This division, referred to in text, is division E of Pub. L. 111–84, Oct. 28, 2009, 123 Stat. 2835, known as the Mat-