[Congressional Record Volume 142, Number 86 (Wednesday, June 12, 1996)]
[Senate]
[Page S6146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HOLLINGS:
  S. 1866. A bill to amend title 18, United States Code, to clarify 
Federal jurisdiction over offenses relating to damage to religious 
property.


                The Church Arson Prevention Act of 1996

  Mr. HOLLINGS. Mr. President, I rise today to introduce a bill aimed 
at providing a mechanism for Federal law enforcement to combat the most 
recent scourge to sweep across the Southeast. I am talking about the 
burnings of black churches that have been making such dramatic 
headlines lately. The burning of houses of worship have been taking 
place for the past 5 or 6 years, but this particular outbreak of fires 
has all the characteristics of an epidemic. Not since the sixties have 
I been witness to such blatant intolerance and hatred, such utterly 
despicable acts of American citizens against their fellow Americans as 
has I have seen over these past few weeks. I turn on the news and see a 
burning church, a haunting image with horrific symbolic and practical 
implications, and I say this must stop. Not just this specific rash of 
crime, but the whole trend toward violence and intolerance in our 
society. We as Americans have fought too hard to let racial or 
religious intolerance once again pollute our democracy.
  This morning I accompanied President Clinton as he traveled to South 
Carolina. I welcome his strong presence in the midst of this unsettling 
trend, and moreover I welcome the message he brought to my home State. 
This country is stronger than the forces of hatred that would divide 
us. We will rebuild, and we will punish those responsible for these 
episodes of destruction.
  To fight against the forces of divisiveness, we must pull together as 
a community. In the South, that means rebuilding, it means 
congregations of churches all over America picking a Sunday and 
dedicating their collections to rebuild these burned churches. Here in 
the Government, in means using every means within our power to make 
sure that this never happens again.
  As of this moment, we don't have legislation that adequately 
addresses this brand of criminal behavior. The investigations by 
Federal authorities, and their ability to prosecute these cases have 
been limited by the current law. The bill I propose will remove the 
impediments to bringing Federal cases, and give the Attorney General an 
effective, and necessary weapon with which to combat these crimes. 
Section 247 of title 18, United States Code, makes it a crime to damage 
religious property or to obstruct persons in the free exercise of 
religious beliefs. I propose to amend this by requiring only that the 
offense ``is in or affects interstate or foreign commerce.'' Congress 
will be effectively granting jurisdiction over all conduct which may be 
reached under the interstate commerce clause of the constitution.
  Additionally, the bill eliminates the $10,000 threshold for fire 
damages to grant Federal jurisdiction in cases where there is only 
minimal damage. This way, desecration or defacement of houses of 
worship can be prosecuted under 18 U.S.C. 247.
  I urge the Senate to act quickly and adopt this provision. As I 
understand a similar measure is making its way through the House, the 
Senate should also act in an expeditious manner to ensure the Federal 
Government has the necessary authority to combat this tragic epidemic.
  More importantly, this country must come together, leave racial 
intolerance behind, and insure that we end this type of bigotry.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1866

       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. DAMAGE TO RELIGIOUS PROPERTY.

       Section 247 of title 18, United States Code, is amended--
       (1) so that subsection (b) reads as follows:
       ``(b) The circumstances referred to in subsection (a) are 
     that the offense is in or affects interstate or foreign 
     commerce.''; and
       (2) in subsection (a)(1), by inserting ``, racial, or 
     ethnic'' before ``character''.
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