[Congressional Record Volume 142, Number 38 (Tuesday, March 19, 1996)]
[Senate]
[Pages S2327-S2329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Simon, Mr. Specter, Mr. Biden, Mr. 
        Simpson, Mr. Kennedy, Mr. Grassley, Mr. Kohl, Mr. DeWine, Mrs. 
        Feinstein, Mr. McConnell, Mr. Johnston, Mr. D'Amato, Mr. Akaka, 
        Mr. Bingaman, Mrs. Boxer, Mr. Bradley, Mr. Campbell, Mr. 
        Chafee, Mr. Cohen, Mr. Dodd, Mr. Inouye, Mr. Jeffords, Mrs. 
        Kassebaum, Mr. Kerry, Mr.

[[Page S2328]]

        Levin, Mr. Lieberman, Mrs. Murray, Mr. Pell, Mr. Sarbanes, Mr. 
        Wellstone, Mr. Harkin, Mr. Wyden, and Mr. Lautenberg):
  S. 1624. A bill to reauthorize the Hate Crime Statistics Act, and for 
other purposes; to the Committee on the Judiciary.


       THE HATE CRIMES STATISTICS ACT REAUTHORIZATION ACT OF 1996

  Mr. SARBANES. Madam President, I am pleased to join today with 
Senator Hatch, Senator Simon, and others as an original cosponsor of 
legislation to permanently authorize the Hate Crimes Statistics Act. 
The Hate Crimes Statistics Act, passed overwhelmingly by Congress in 
1990 and signed into law by President Bush, directs the Department of 
Justice to compile and publish data on crimes that manifest prejudice 
based on race, religion, sexual orientation, or ethnicity. The 1994 
Crime Law added the requirement that data also be collected about 
crimes based on disability. The categories of crime for which data is 
collected under the act includes homicide, rape, assault, arson, 
vandalism, and intimidation. The law expired on December 31, 1995, and 
not only should be reauthorized, but should be given a permanent 
mandate.
  Before enactment of this law, there existed no such national 
collection of data on hate crimes. At the time it was originally 
passed, this law was needed to fill the gap in information concerning 
the deplorable, and increasing, incidence of violent crimes based on 
bigotry and prejudice. Today, 6 years later, this statute remains 
vitally necessary.
  Madam President, far too often, we hear reports of violent hate-
related incidents which shock all decent people in this country. It 
seems inconceivable that in 1996 such crimes can still be so pervasive, 
but statistics collected under the law indicate that thousands of hate 
crimes take place each year. Therefore, it is critically important that 
we continue to monitor the occurrence of these crimes, in order that we 
may more effectively respond to them. This law has enabled a systematic 
collection of information about these crimes on a national basis 
allowing us to develop a clear picture of the problem and fashion 
appropriate governmental responses.
  Some States, including my home State of Maryland, officially monitor 
the incidence of hate violence and law enforcement officials in those 
States have testified to the usefulness of this information. In 
addition, a number of private groups have done an outstanding job 
collecting information and pointing out the serious problem of bigotry-
related crimes. In particular, I would like to recognize the work of 
the National Institute Against Prejudice and Violence at the University 
of Maryland, formed in 1984 through the efforts of former Governor of 
Maryland Harry Hughes and others. This fine organization has been a 
clearinghouse for information on hate crimes and has conducted original 
research and provided assistance to communities wishing to deal with 
the problems of hate crime violence.
  However, these efforts are simply not enough. A national collection 
of information is vital. The 1990 act accomplished the establishment 
and implementation of a Federal data collection system which has proven 
useful and should continue.
  Although the Federal Bureau of Investigation is required under the 
law to collect information on hate crimes, participation by State and 
local law enforcement agencies under the law is strictly voluntary. 
However, participation has increased over the time that the law has 
been in effect. There has been a significant effort on the local level 
to encourage participation in the effort and as participation 
increases, the information will become increasingly more helpful for 
purposes of identifying and examining national trends in bias-related 
crime and effectively responding to such crime.
  Madam President, experience over the past few years has shown the act 
also is helpful to State and local law enforcement, both in the effort 
to provide training with respect to hate crimes and in the effort to 
identify how law enforcement agencies should direct their resources in 
dealing with hate crimes. An essential aspect of the effort to address 
the problem of hate crimes in this country is ensuring that the police 
have a greater awareness of hate crimes and treat such incidents with 
more sensitivity and understanding. The presence of more supportive and 
helpful law enforcement makes it more likely that hate crime victims 
will report these crimes, which in turn allows Federal, State, and 
local law enforcement to better respond.
  I want to congratulate Senators Simon and Hatch for their leadership 
on this important legislation and I urge my colleagues to support 
prompt enactment of this bill.
  Mr. D'AMATO. Madam President, I am pleased to join my colleagues in 
introducing this bill that will extend the authority of the Attorney 
General to collect data on crimes motivated by race, religion, or 
ethnic hatred. The Act was the first action taken by Congress as a 
direct response to hate-motivated crimes and has certainly merited its 
continued existence.
  When the original act was passed in 1990, the Attorney General was 
directed to collect data on any crime that evidenced some type of 
prejudice. It was the first action taken by Congress to address the 
violence emanating from hate crimes. The reports that have since been 
prepared by the Attorney General, based on the collected data, describe 
trends and patterns associated with hate crimes. Having this 
information is a great asset for Federal officials as well as State and 
local governments in formulating responses to the vicious behavior of 
perpetrators of bias crimes.
  For New York, with its unique mix of people, the collection of hate 
crime statistics is too important to fall by the wayside. Communities 
in my State have begun to organize in order to respond to the incidents 
of hate crimes in their neighborhood. For example, residents in the 
town of Oyster Bay on Long Island recently met with their councilman to 
discuss the escalating occurrences of hate crimes. The response by 
citizens of my State is laudable and, I believe, must be supported by 
information compiled in these reports. A permanent database will assist 
in composing effective initiatives that will fight hate crimes.
  State and local law enforcement in New York have struggled against 
the rising tide of hate crimes. A uniform compilation of statistics can 
be an asset in determining strategy, even if the participation in the 
collection of data is voluntary. With a better understanding of the 
implications and trends of hate crimes, our criminal justice system can 
target scarce resources to those mechanisms that work the best to 
combat bias crimes.
  Several years ago, the Crown Heights section of Brooklyn saw a 
senseless violent murder of a young Rabbinical student, a crime that 
was seemingly motivated by religious hatred. The tension within the 
community mounted, culminating in days of riots and years of healing. 
Detecting patterns in the incidents of hate crimes may have forewarned 
New York City of the horrendous turmoil that was to follow the brutal 
murder of that young student, Yankel Rosenbaum.
  If used in the right manner, statistics are a valuable tool. I hope 
that my colleagues recognize the need to maintain this database and 
urge the passage of this important legislation.
  Mr. SIMON. Madam President, I rise today to join Senator Hatch in the 
introduction of a bill to reauthorize and provide a permanent mandate 
for the Hate Crimes Statistics Act. I would also like to thank Chairman 
Hatch for his leadership on this important issue, and for scheduling 
today's Senate Judiciary Committee hearing on this bill. This bill's 28 
original cosponsors show the strong bipartisan support for this 
measure. It also has the strong support of Attorney General Reno, as 
well as the endorsement of major law enforcement and advocacy groups.
  The Hate Crimes Statistics Act, which passed the Senate in 1990 by a 
vote of 92-4 and was signed into law by then President Bush, requires 
the Justice Department to collect data on crimes that show evidence of 
prejudice based on race, religion, ethnicity, or sexual orientation. 
Until this act was passed, no Federal records of such crimes were 
maintained. This lack of information made it difficult to determine 
whether a particular crime was an isolated incident, or part of a 
continuing series against a particular group.
  The act has proven successful in its initial purpose--the creation of 
data

[[Page S2329]]

collection--and has also served as a catalyst for an FBI effort to 
train State and local law enforcement officials about hate crimes. 
Hearings held before the Senate Judiciary Committee's Subcommittee on 
the Constitution in 1992 and 1994 showed that one of the prime benefits 
of the act is that it has helped dramatically increase the awareness 
and sensitivity of the police about hate crimes. Not only do victims of 
hate crimes benefit from a more informed police force, but greater 
police awareness encourages others to report hate crimes.
  Since all data submission under the act is voluntary, we did not 
anticipate 100 percent participation by State and local law enforcement 
agencies from the start. Nonetheless, over the course of 4 years, there 
has been great progress in participation levels. In 1991, 2,771 law 
enforcement agencies participated in the voluntary reporting program. 
In 1994, more than 7,200 agencies participated. Local police, advocacy 
groups, mayors, and others have joined the effort to encourage every 
law enforcement agency to comply, and as more and more local agencies 
participate, the statistics will be more and more useful to identify 
trends and formulate responses. In addition, the FBI is in the process 
of working with States to upgrade their computer systems. When this 
transition is complete, the data should be even more useful. 
Unfortunately, there are still law enforcement agencies in some States 
and many large cities which are not yet participating in the data 
collection. We need active oversight of this act to ensure that these 
agencies join in this important effort, making the statistics more 
accurate and useful.
  FBI Director Louis Freeh has stated that he is committed to the 
continued tracking of hate crimes statistics. However, we believe that 
this effort has proven its usefulness and deserves a permanent mandate. 
Collecting such data will not erase bigotry. It will, however, be a 
valuable tool in the fight against prejudice. The information is 
essential in identifying how law enforcement should best focus its 
resources in dealing with hate crimes. The data will also be useful to 
policymakers and local communities in their efforts to fight these 
crimes.
  Obviously, the FBI statistics do not yet accurately reflect the level 
of violence motivated by prejudice in our society. More and more 
agencies participate each year, however, we need only read the 
headlines and reports by advocacy groups to see how widespread the 
problem of hate crimes remains in our Nation.
  The Justice Department recently launched a civil rights probe into a 
rash of arson which has destroyed at least 23 black churches in the 
South since 1993. The Justice Department is trying to determine whether 
the crimes are racially motivated, and whether they are connected. 
Several of the incidents have been solved, however, and clearly racism 
motivated the offenders. The teenagers found guilty of burning a church 
in Mississippi in 1993 shouted racial epithets during commission of 
their crime. Racist graffiti was spray-painted on the walls of a 
Knoxville, TN, Baptist church set afire on January 8, 1996. Sumter 
County Circuit Court Judge Eddie Hardaway, a black judge who sent two 
white men to jail for vandalizing black churches, was recently the 
victim of a shotgun attack which shattered bedroom windows in his home. 
During the 1960's civil rights movement, many black churches were set 
ablaze, however in the late 1980's and early 1990's only one or two 
such crimes were reported each year. This recent string of arson 
reminds us that prejudice and hate crimes remain a problem in our 
Nation.
  Recent reports by private groups, such as the Anti-Defamation League, 
the National Coalition on Anti-Violence Projects, and the National 
Asian Pacific American Legal Consortium, confirm that unfortunately the 
problem of crimes based on prejudice continues. The ADL's 1995 Annual 
Audit of Anti-Semitic Incidents actually had some good news: the 1,843 
anti-Semitic incidents reported to the Anti-Defamation League in 1995 
represented a decrease of 223 incidents, or 11 percent, from the 1994 
total of 2,066. This is the largest decline in 10 years. However, this 
good news is tempered by the seriousness of many of the incidents 
reported. For the fifth straight year in a row, acts of anti-Semitic 
harassment against individuals outnumber incidents of vandalism against 
institutions and other property.
  The National Coalition of Anti-Violence Projects and New York City 
Gay and Lesbian Anti-Violence Project report similar findings for 1995. 
There were fewer incidents of violence against homosexuals in 1995, but 
the incidents were more violent. There was an 8 percent drop in the 
number of incidents, but a 10 percent increase in the number of 
assaults and rapes.
  We need to realize that the name-calling, the graffiti, the 
discrimination, and the threats and violence are all signs of a 
pervasive problem. The more informed we are about the scope and nature 
of our communities' problems with hate crimes, the better able we will 
be to develop effective prevention and prosecution strategies, as well 
as support structures for victims of these crimes.
  I am pleased to join with Senator Hatch today, with support from 28 
of our colleagues, the Attorney General and law enforcement and 
advocacy groups across the Nation, to introduce the reauthorization of 
the Hate Crimes Statistics Act. I encourage all of my colleagues to 
join us in working to pass this important legislation.
  Mr. CAMPBELL. Thank you, Mr. President, for the opportunity to 
address this important issue. If one needs a reminder as to why we must 
make the Hate Crime Statistics Act mandate permanent, one need look no 
further than today's headlines. Throughout the South, Federal and State 
authorities are investigating a rash of arson against African-American 
churches reminiscent of the violence perpetrated three decades earlier. 
In California, a native American was brutally stabbed by skinheads.
  My home State of Colorado has not been immune from the scourge of 
hate violence. In Morrison, CO, a swastika was burned on a woman's 
lawn. While in Aurora, a man shot his neighbor with a BB gun because of 
hatred for his Asian neighbor.
  In 1995, the Southern Poverty Law Center's Klanwatch Project counted 
267 active hate groups in the United States including 6 in Colorado. 
And, in 1994, because of the passage of the Hate Crimes Statistics Act, 
law enforcement agencies in the United States were able to identify 
5,852 hate crimes.
  Hate crimes are a growing problem--one that cannot merely be measured 
by numbers alone. If we are going to be successful in our battle 
against the scourge of violent hate crime, one thing is certain--we 
must have hard, reliable, information about the nature and the scope of 
the problem.
  Mr. President, this bill calls for a permanent mandate for the 
collection of hate crime data by the Justice Department. This important 
piece of legislation received broad bipartisan support and was signed 
into law by President Bush in 1990.
  Data collection is crucial to this effort for other reasons as well. 
According to an article in Stanford Law & Policy Review entitled ``Bias 
Crime; A Theoretical and Practical Overview,'' data collection has 
proven to be a gateway for other important initiatives in the battle 
against crime. These other responses include enhanced investigative 
techniques, improved services for victims and the establishment of 
inter-agency coordination.
  There is another important purpose to this legislation as well. It 
sends a strong, symbolic message that we, as a nation, will not 
tolerate this kind of behavior. Mr. President, I proudly cosponsor this 
legislation which will make the Hate Crimes Statistics Act a 
significant and permanent addition to our framework of anti-crime laws.
                                 ______