[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1890 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 443
104th CONGRESS
  2d Session
                                S. 1890

 To increase Federal protection against arson and other destruction of 
                      places of religious worship.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 1996

  Mr. Faircloth (for himself, Mr. Kennedy, Mr. Hatch, Mr. Biden, Mr. 
 Lott, Mr. Daschle, Mr. Thurmond, Mr. Byrd, Mr. Warner, Mr. Leahy, Mr. 
Cochran, Mr. Heflin, Mr. D'Amato, Mr. Johnston, Mr. Gramm, Mr. Breaux, 
 Mr. Frist, Ms. Moseley-Braun, Mr. Levin, Mr. Simon, Mr. Rockefeller, 
 Mr. Reid, Mr. Dodd, Mr. Glenn, Mr. Kerrey, Mr. Kerry, Mr. Harkin, Mr. 
 Bradley, Ms. Mikulski, Mr. Kohl, Mrs. Murray, Mrs. Boxer, Mr. Wyden, 
  Mrs. Hutchison, Mr. Coverdell, Mr. Pryor, Mr. Lautenberg, and Mrs. 
  Feinstein) introduced the following bill; which was read twice and 
                  ordered to be placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To increase Federal protection against arson and other destruction of 
                      places of religious worship.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Church Arson Prevention Act of 
1996''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The incidence of arson or other destruction or 
        vandalism of places of religious worship, and the incidence of 
        violent interference with an individual's lawful exercise or 
        attempted exercise of the right of religious freedom at a place 
        of religious worship pose a serious national problem.
            (2) The incidence of arson of places of religious worship 
        is particularly acute in the context of places of religious 
        worship that serve predominantly African-American 
        congregations.
            (3) Damage to religious property based on the religious, 
        racial, or ethnic character of that property--
                    (A) hinders interstate commerce by impeding the 
                movement of members of targeted groups in areas of our 
                Nation and preventing them from engaging in commerce in 
                those areas on account of their race, color, religion, 
                or national origin;
                    (B) impedes individuals in moving interstate 
                because of their race, color, religion, or national 
                origin;
                    (C) is often committed by individuals with ties to 
                groups that operate nationwide; and
                    (D) disrupts the tranquility and safety of 
                communities and is deeply divisive.
            (4) Changes in Federal law are necessary to deal properly 
        with this problem.
            (5) Although local jurisdictions have attempted to respond 
        to the challenges posed by such acts of destruction or damage 
        to religious property, the problem is sufficiently serious, 
        widespread, and interstate in scope to warrant Federal 
        intervention to assist State and local jurisdictions.
            (6) Congress has authority pursuant to the Commerce clause 
        of the Constitution to make acts of destruction or damage to 
        religious property a violation of Federal law.
            (7) Congress has authority pursuant to section 2 of the 
        13th amendment to make actions of private citizens motivated by 
        race, color, or ethnicity that interfere with the ability of 
        citizens to hold or use religious property without fear of 
        attack, violations of Federal criminal law.
            (8) Congress has authority pursuant to section 2 of the 
        13th amendment to make the commission of an arson or other bias 
        motivated destruction or vandalism of a place of religious 
        worship violations of Federal criminal law.
            (9) Congress has the authority pursuant to section 5 of the 
        14th amendment to make violent interference with a citizen's 
        free exercise of the right of religious worship through damage 
        to religious property a violation of Federal law.

SEC. 3. PROHIBITION OF VIOLENT INTERFERENCE WITH RELIGIOUS WORSHIP.

    Section 247 of title 18 of the United States Code is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by inserting ``, racial, or 
                ethnic'' after ``of the religious''; and
                    (B) by striking ``subsection (c)'' and inserting 
                ``subsection (d)'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) The circumstances referred to in subsection (a) are that--
            ``(1) the offense is in or affects interstate or foreign 
        commerce; or
            ``(2) in committing, planning, or preparing to commit an 
        offense, the defendant--
                    ``(A) travels in interstate or foreign commerce; or
                    ``(B) uses the mail or any facility or 
                instrumentality of interstate or foreign commerce.'';
            (3) by redesignating subsections (c), (d), and (e), as 
        subsections (d), (e), and (f), respectively, and adding the 
        following subsection:
    ``(c) Whoever intentionally defaces, damages, or destroys any 
religious real property because of the race, color, religious 
characteristics or ethnic characteristics of any individual associated 
with that religious property, or attempts to do so, shall be punished 
as provided in subsection (d) of this section.'';
            (4) in subsection (d)(2), as redesignated, by striking ``a 
        fine in accordance with this title and imprisonment for not 
        more than ten years, or both'' and inserting the following: 
        ``in accordance with the penalties provided in section 844(i) 
        of this title'';
            (5) in subsection (f), as redesignated, by inserting ``, 
        including fixtures or religious objects contained within a 
        place of religious worship'' after ``other religious 
        property''; and
            (6) by inserting the following new subsection:
    ``(g) No person shall be prosecuted, tried, or punished for any 
noncapital offense under this section unless the indictment is found or 
the information is instituted within 7 years after the date on which 
the offense was committed.''.

SEC. 4. LOAN GUARANTEE RECOVERY FUND.

    (a) In General.--Notwithstanding any other provision of law, for 
the cost of loans guaranteed (referred to as ``guaranteed loans'') by 
the Secretary of Housing and Urban Development (the ``Secretary''), the 
Secretary may use up to $5,000,000 of the credit subsidy provided under 
the General and Special Risk Insurance Fund from the Department of 
Housing and Urban Development fiscal year 1996 appropriations Act. 
Guaranteed loans shall be extended to financial institutions in 
connection with loans made by such institutions to assist organizations 
described in section 501(c)(3) of the Internal Revenue Code of 1986 
that have been damaged as a result of acts of arson or terrorism, as 
certified pursuant to procedures to be established by the Secretary. 
Any loan guarantee program established pursuant to this authorization 
shall be administered by the Federal Housing Administration.
    (b) Transfer of Balances.--Amounts for guarantees may be derived 
from the transfer of unobligated balances in the account (including 
recaptures of previously obligated amounts notwithstanding section 
8(bb) of the United States Housing Act of 1937).
    (c) Treatment of Costs.--The costs of guaranteed loans, including 
the cost of modifying loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.
    (d) Limit on Loan Principal.--Funds made available by this section 
shall be available to subsidize total loan principal, any part of which 
is to be guaranteed, not to exceed $10,000,000.
    (e) Terms and Conditions.--The Secretary shall--
            (1) establish such terms and conditions as the Secretary 
        considers appropriate to provide guarantees under this section; 
        and
            (2) include in the terms and conditions a requirement that 
        the decision to provide a guarantee to a financial institution 
        and the amount of the guarantee does not in any way depend on 
        the purpose, function, or identity of the organization to which 
        the financial institution has made, or intends to make, a loan.

SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND 
              LOCAL LAW ENFORCEMENT.

    There are authorized to be appropriated to the Department of the 
Treasury and the Department of Justice, including the Community 
Relations Service, in fiscal years 1996 and 1997 such sums as are 
necessary to increase the number of personnel, investigators, and 
technical support personnel to investigate, prevent, and respond to 
potential violations of sections 247 and 844 of title 18, United States 
Code, and section 5861 of the Internal Revenue Code of 1986 directed 
toward religious real property. These additional investigators, 
technical support personnel, and other personnel shall primarily 
participate in the investigation, response to, and prevention of 
possible violations of the Federal laws referred to in the preceding 
sentence and train and empower State and local law enforcement in the 
investigation and prevention of suspicious fires.

SEC. 6. REAUTHORIZATION OF HATE CRIMES STATISTICS ACT.

    The first section of the Hate Crimes Statistics Act (28 U.S.C. 534 
note) is amended--
            (1) in subsection (b), by striking ``for the calendar year 
        1990 and each of the succeeding 4 calendar years'' and 
        inserting ``for each calendar year''; and
            (2) in subsection (c), by striking ``through fiscal year 
        1994''.

SEC. 7. SENSE OF THE SENATE.

    The Senate--
            (1) commends those individuals and entities that have 
        responded with funds to assist in the rebuilding of places of 
        worship that have been victimized by arson; and
            (2) encourages the private sector to continue these efforts 
        so that places of worship that are victimized by arson, and 
        their affected communities, can continue the rebuilding process 
        with maximum financial support from private individuals, 
        businesses, charitable organizations, and other non-profit 
        entities.

SEC. 8. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any other person or circumstance shall not be affected 
thereby.




                                                       Calendar No. 443

104th CONGRESS

  2d Session

                                S. 1890

_______________________________________________________________________

                                 A BILL

 To increase Federal protection against arson and other destruction of 
                      places of religious worship.

_______________________________________________________________________

                             June 19, 1996

          Read twice and ordered to be placed on the calendar