[Congressional Record Volume 142, Number 91 (Wednesday, June 19, 1996)]
[Senate]
[Pages S6520-S6528]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (for himself and Mr. Stevens):
  S. 1889. A bill to authorize the exchange of certain lands conveyed 
to the Kenai Native Association pursuant to the Alaska Native Claims 
Settlement Act, to make adjustments to the National Wilderness System, 
and for other purposes; to the Committee on Energy and Natural 
Resources.


                THE KENAI NATIVE ASSOCIATION EQUITY ACT

 Mr. MURKOWSKI. Mr. President, today I introduce the Kenai 
Native Association Equity Act. This legislation will correct a 
significant inequity in Federal law with respect to lands conveyed to 
the Kenai Natives Association [KNA] under the Alaska Native Claims 
Settlement Act [ANCSA]. This legislation, which will mark the final 
outcome of a process begun nearly 14 years ago.
  The legislation directs the completion of a land exchange and 
acquisition package between the U.S. Fish and Wildlife Service [USFWS] 
and KNA. The legislation will allow KNA, for the first time, to make 
economic use of lands conveyed them under ANSCA. The final stage of 
this process began by directing in Public Law 102-458, a land exchange 
and acquisition package between the USFWS and KNA. Over the past year, 
negotiations were completed, resulting in the legislation I am 
introducing today.
  Mr. President, unlike other corporations in ANCSA, KNA, as an urban 
corporation, was not entitled to receive monetary settlement or 
additional lands than those granted under ANCSA. KNA ultimately 
selected 19,000 of its 23,040 entitlement within what later became the 
Kenai National Wildlife Refuge. KNA lands are located between operating 
oilfields within the refuge to the North and urban and suburban 
developments to the South.
  At the request of the USFWS, KNA officials chose lands along the 
boundaries of the refuge so that development would be allowed. 
Notwithstanding the representation that development would be allowed, 
the USFWS advised KNA after selections were made that use of the 
property would be severely restricted by the application of section 
22(g) of ANCSA.
  Section 22(g) requires that all uses of private inholdings within the 
refuge comply with the laws and regulations applicable to the public 
lands within a refuge and that those lands be managed consistent with 
the purpose for which the refuge was established. Section 22(g) has 
been an ongoing problem in Alaska as it has significantly limited the 
economic use of private lands within refuges.
  Pursuant to agreements between USFWS and KNA, this legislation will 
allow USFWS to acquire three small parcels of land and KNA's remaining 
ANCSA entitlement at appraised value. These parcels include: Stephanka 
Tract, 803 acres on the Kenai River; Moose River Patented Tract, 1,243 
acres; Moose River Selected Tract, 753 acres; and Remaining 
Entitlement, 454 acres.
  The total habitat acquisition of 2,253 acres will be purchased with 
Exxon Valdez oilspill funds at a cost of $4,443,000. Therefore, there 
would be no cost to the Federal Government for the purchase of these 
lands. Refuge boundaries would be adjusted to remove 15,500 acres of 
KNA lands from the refuge, thus resolving the 22(g) conflict. This can 
be done because, although the property is within the refuge--it does 
not belong to the Federal Government. KNA would also receive the refuge 
headquarters site in downtown Kenai which consists of a building and a 
5-acre parcel.
  Under the terms of this agreement, the USFWS has proposed, in order 
to maintain equivalent natural resource protection for Federal 
resources, that Congress designate the Lake Todatonten area, 
approximately 37,000 acres, as a BLM Special Management Area [SMA]. The 
lake is adjacent to the Kanuti National Wildlife Refuge. The SMA would 
be subject to subsistence preferences under ANILCA and to valid 
existing rights. While I support the intent of this provision I do 
intend on exploring its implications on land use closely during Senate 
hearings before the Energy and Natural Resources Committee.
  Mr. President, I believe the Kenai Native Association has waited long 
enough to resolve these issues. It is my intention to move this 
legislation quickly and get it behind us.
       By 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 and Mr. Pryor):

  S. 1890. A bill to increase Federal protection against arson and 
other destruction of places of religious worship.


                THE CHURCH ARSON PROTECTION ACT OF 1996

  Mr. FAIRCLOTH. Senator Kennedy and I stand here today united in our 
belief that the rash of church arson must end and now. If we in 
Congress cannot agree that church burning is a despicable crime, what 
can we agree upon? It is not a matter of liberals, conservatives, 
blacks, or whites. It is about justice, faith, and right and wrong. 
Five of these churches--sadly, including a recent one on last Sunday 
night--were located in my home State of North Carolina.
  I have every confidence that local law enforcement in my State can 
solve these crimes, but there is a real possibility that persons from 
outside of my State and other States may have set the fires, and that 
is the need for this bill and for Federal law enforcement assistance 
and a Federal statute. We have taken too long as a nation to react to 
this tragedy.
  I do not know why the response has been so slow, nor do I fully 
understand if these crimes were the acts of conspirators or copycats.
  What I do know is that we are sending a clear message today to anyone 
who is thinking about burning a church, that the wrath of the Federal 
Government will fall upon them. Scoundrels who burn churches have no 
refuge in our America on this day or any other day. They should and 
will be prosecuted and punished to the fullest extent of the law.
  To that end, Senator Kennedy and I have introduced this bill, full of 
both symbol and substance, to protect houses of worship.
  Growing up and living in the rural South, I understand better than a 
lot of people that the church serves as a center of family life, of the 
community life, and in so many of these areas life is built around the 
church. Consequently, they hold in more ways than one a sacred place in 
the hearts of the people within that community. There is far more 
potential in these churches to cure what ails us as a nation than the 
Federal Government will ever possess. Let us renew our commitment with 
energy and conscience to protect the rights of all Americans without 
regard to race or religion.
  Mr. KENNEDY. Mr. President, recently, the entire Nation has watched 
in horror and disbelief as an epidemic of terror has gripped the South. 
Events we all hoped were a relic of the past are now almost a daily 
occurrence. The wave of arsons primarily directed at African American 
churches is a reminder of some of the darkest moments in our history--
when African-Americans were mired in a quicksand of racial injustice. 
We have come a long way from the era of Jim Crow, the Klan, and nightly 
lynchings. But these arsons are a chilling reminder of how far we have 
to go as a nation in rooting out racism.

[[Page S6521]]

  In the 1960's, at a time when acts of violence against African-
Americans were commonplace, when white freedom workers were being 
murdered by cowardly racists, Congress first began to speak vigorously 
and in a bipartisan fashion to condemn this violence and address the 
many faces of bigotry. Today, we again speak with a united voice in 
introducing bipartisan legislation to address this alarming recent 
epidemic of church burnings.
  I commend my colleague from North Carolina, Senator Faircloth, for 
his leadership on the legislation we are introducing today. It is 
vitally important for the American people to recognize that all 
Americans--Democrats and Republicans, whites and nonwhites, Catholics, 
Protestants, Jews, and Muslims--must speak with a united voice in 
condemning and combating these outrageous acts. We must send the 
strongest possible signal that Congress intends to act swiftly and 
effectively to address this festering crisis.
  President Clinton has also spoken eloquently on this issue, and has 
provided strong leadership. I applaud his efforts to commit substantial 
additional Federal resources to the investigations. Just as it was 
appropriate in the 1960's for the Federal Government to play an 
important role in reducing racial unrest, it is vitally important today 
for the Federal Government to take an active role in combating these 
racist arsons.
  I also commend Congressmen Henry Hyde and John Conyers, who developed 
the bipartisan House bill that was passed swiftly and unanimously 
yesterday, and I urge the Senate to act with similar swiftness.
  There are four basic components to the Faircloth-Kennedy bill. First, 
it provides needed additional tools for Federal prosecutors to address 
violence against places of worship. The bill amends the primary Federal 
statute dealing with destruction of places of worship to make it easier 
to prosecute these cases. Current law contains onerous and unnecessary 
jurisdictional obstacles that have made this provision largely 
ineffective. In fact, despite the large number of incidents of 
destruction or desecration of places of religious worship in recent 
years, only one prosecution has been brought under this statute since 
its passage in 1988. Our bill will breathe life into this statute by 
removing these unnecessary obstacles.
  In addition, our bill strengthens the penalty for church arson by 
conforming it with the penalties under the general Federal arson 
statute. By conforming the penalty provisions of these two statutes, 
the maximum potential penalty for church arson will double, from 10 
years to 20 years. Our bill also extends the statute of limitations 
from 5 to 7 years, giving investigators needed additional time to solve 
these difficult crimes.

  Giving prosecutors additional tools will enable them to address the 
current crisis more effectively. However, we must also deal with the 
aftermath of the arsons that have left so many needy communities 
without a place of worship. The bill contains an important provision 
granting the Department of Housing and Urban Development the authority 
to make loan guarantees to lenders who provide loans to places of 
worship that have been victimized by arson.
  This provision does not require an additional appropriation of funds 
to HUD. It simply gives HUD authority to use funds it already has. 
These loan guarantees will serve an indispensable function to help 
expedite the rebuilding process and the healing process.
  These arsons have placed an enormous burden on State and local law 
enforcement, who also must investigate the crimes and address the tense 
aftermath within their communities. Our bill contains two measures to 
assist State and local law enforcement and local communities in 
responding to these vicious crimes. The Department of the Treasury is 
authorized to hire additional ATF agents to assist in these 
investigations, and to train State and local law enforcement officers 
in arson investigations. ATF already trains 85 to 90 percent of local 
law enforcement in how to investigate arson. This authorization will 
facilitate needed additional training.
  The bill also authorizes the Department of Justice to provide 
additional funds to the Community Relations Service, a small but vital 
mediation arm established by the Civil Rights Act of 1964. The mission 
of the Community Relations Service is to go into a community and reduce 
racial unrest through mediation and conciliation. The Community 
Relations Service has worked effectively to calm communities during 
some of the Nation's most difficult moments in the battle for racial 
justice, and it has earned the respect of law enforcement officials and 
community leaders nationwide.
  In 1996, its budget was cut in half--from 10 million to $5 million. 
As a result, at a time when its services are in enormous demand, the 
Community Relations Service is about to be forced to lay off half of 
its already slim staff. This bill authorizes the restoration of funds 
to the Community Relations. We must act now, because its services are 
urgently needed.
  Finally, the bill reauthorizes the Hate Crimes Statistics Act. This 
rash of arsons demonstrates the need to document all hate crimes 
nationwide. Reauthorizing the Hate Crimes Statistics Act is essential, 
and law enforcement groups, religious leaders, and civil rights leaders 
throughout the Nation strongly support it.
  Taken together, this bill represents a sensible and practical 
response to the church arson crisis. We have a constitutional 
obligation to preserve the separation of church and state, but we also 
have a Federal obligation to protect the right of all Americans to 
worship freely without fear of violence. We believe this legislation is 
a timely and constructive step to stem the tide of violence in the 
South. If more can be done, we will do it.
  In a larger sense, this tragic violence provides an opportunity for 
all Americans to examine our consciences on the issue of prejudice. We 
must work to root out racism and bigotry in every form. If we create a 
climate of intolerance, we encourage racist acts of destruction. While 
I respect and indeed cherish the first amendment right of free 
expression, we must be mindful that words have consequences. It is 
distressing that hate crimes are on the rise--whether arson of a church 
or assaults and murders because of bigotry. At other times in our 
history, we have been able to act together to heal a sudden or 
lingering sickness in our society, and we will do so now. The 
fundamental challenge is to re-commit ourselves as a Nation to the 
basic values of tolerance and mutual respect that are the Nation's 
greatest strengths.
  The courage and faith demonstrated by the parishioners and clergy of 
the burned churches is an inspiration to the entire country. Their 
churches may have burned, but their spirit endures, and it is stronger 
than ever.
  I also welcome the outpouring of generosity from numerous sources in 
the private sector. I commend the many individuals, businesses, 
congregations, and charitable organizations that have pledged financial 
support to rebuild the churches. These generous acts, as Martin Luther 
King once said, ``will enable us as a Nation to hew out of the mountain 
of despair a stone of hope.''
  I urge my colleagues to join in expediting action on this urgent 
legislation. America is being tested, and the people are waiting for 
our answer.
  Mr. President, this Faircloth-Kennedy bill addresses the recent spate 
of arsons that have gripped the South. The bill contains a number of 
measures designed to assist prosecutors and investigators in pursuit of 
the cowardly perpetrators of these crimes, and to assist victims and 
communities in the rebuilding process. This statement pertains to 
Congress' constitutional authority to amend the criminal provision 
pertaining to destruction of religious property and violent 
interference with right of free exercise of religious worship.
  The bill amends title 18, United States Code, section 247 to make it 
easier for prosecutors to establish Federal violations in instances of 
destruction or desecration of places of religious worship. Although 
section 247 was passed in 1988, there has been only one Federal 
prosecution due to the onerous jurisdiction requirements contained in 
section 247(b).
  The interstate commerce requirement of section 247(b)(1) is much 
greater than in other similar Federal statutes. For example, title 18, 
United States Code, section 844(i) is the general Federal arson statute 
and contains

[[Page S6522]]

a much lower interstate commerce threshold than is found in section 
247(b)(1).
  The $10,000 requirement of section 247(b)(2) is arbitrary and 
unnecessary, and does not reflect the serious nature of many bias 
motivated acts of violence against places of religious worship. For 
example, there have been a number of incidents of bias-motivated 
violence committed by skinheads against synagogues which involved 
firing gunshots into these sacred places of worship, or the desecration 
of solemn symbols or objects, such as a Torah.
  The Justice Department is providing specific examples of the 
limitations of section 247 which it will present at a hearing scheduled 
for June 25, 1996 in the Judiciary Committee. The monetary damage 
amount in these incidents described above is minimal. Yet, the 
devastation caused by these crimes is enormous, and the Federal 
Government can and should play a role in prosecuting these heinous acts 
of desecration.
  The Faircloth-Kennedy bill amends section 247 in a number of ways. 
Most importantly, the onerous jurisdictional requirements of section 
247(b) are discarded in favor of a more sensible structure that will 
better enable prosecutors to pursue the cowardly perpetrators of these 
crimes.

  Section 2 of the bill contains congressional findings that set out in 
explicit detail the constitutional authority of Congress to amend 
section 247. A hearing was conducted in the House of Representatives on 
May 21, 1996, and a hearing will be conducted in the Senate on June 25, 
1996, in which substantial evidence has or will be presented to support 
these congressional findings.
  Congress has three separate bases of constitutional authority for 
amending section 247. First, Congress has authority under section 2 of 
the 13th amendment to enact legislation that remedies conditions which 
amount to a badge or incident of slavery. The Supreme Court, in Jones 
v. Alfred H. Mayer Co., 392 U.S. 409 (1968), and Griffin v. 
Breckenridge, 403 U.S. 88 (1971), held that Congress has broad power 
under the 13th amendment to enact legislation that addresses societal 
problems of discrimination. In Griffin, the Supreme Court held that 
``there has never been any doubt of the power of Congress to impose 
liability on private persons under section 2 of the th[e Thirteenth] 
Amendment.
  The arsons that have occurred have been directed primarily at 
African-American churches. Although a number of the perpetrators have 
not been apprehended, it is clear from the statement of the Justice 
Department that a substantial number of the arsons were motivated by 
animus against African-Americans. Indeed, these events are a tragic 
reminder of a sad era in our Nation's history, when African-Americans 
were mired in a quicksand of racial injustice. As such, Congress has 
the authority under the 13th amendment to amend section 247, and to 
eliminate the interstate commerce requirement altogether.
  Congress also has authority under the commerce clause to enact this 
legislation. As the record makes clear, the churches, synagogues, and 
mosques that have been the targets of arson and vandalism, serve many 
purposes. On Saturdays or Sundays, they are places of worship. During 
the rest of the week, they are centers of activity. A wide array of 
social services, such as inoculations, day care, aid to the homeless, 
are performed at these places of worship. People often register to 
vote, and vote at the neighborhood church or synagogue. Activities that 
attract people from a regional, interstate area often take place at 
these places of worship. There is ample evidence to establish that 
Congress is regulating an activity that has a ``substantial effect'' 
upon interstate commerce.
  Mr. President, I would like to include as cosponsors of this 
legislation the Senator from West Virginia [Mr. Byrd]; the Senator from 
Connecticut [Mr. Dodd]; and the Senator from Alabama [Mr. Heflin].
  Mr. President, I ask unanimous consent the upcoming hearing on church 
arson currently scheduled for June 25, 1996 by the Judiciary Committee 
as well as excerpts of other statements submitted in the context of 
that hearing be made a part of the overall record pertaining to 
consideration of the Faircloth-Kennedy church arson prevention bill.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Excerpt of Statement of Deval Patrick, Assistant Attorney General, 
 Civil Rights Division, Before the Committee on the Judiciary, May 21, 
                                  1996

       Mr. Chairman and Members of the Committee, I appreciate the 
     opportunity to appear today to discuss the efforts of the 
     Department of Justice to prosecute those individuals 
     responsible for the deplorable act of setting fires to houses 
     of worship and intimidating their parishioners.
       Let me assure you all, first and foremost, that the 
     Department of Justice considers investigation of church fires 
     and prosecution of those persons responsible for attempting 
     to destroy houses of worship to be among our most important 
     investigative and prosecutorial priorities. Houses of worship 
     have a special place in our society. They are, of course, the 
     center of a community's spiritual life. In many communities, 
     the church is the center of its social life as well. As we 
     have seen in communities that are the subject of today's 
     hearing, destruction of a church can have devastating 
     effects.
       When the fire is accompanied by an explicit or implied 
     threat of violence directed at church members because of 
     their race, these devastating effects are multiplied. In our 
     society, arson of a church attended predominantly by African 
     Americans carries a unique and menacing threat--that those 
     individuals are physically vulnerable because of their race. 
     These threats are intolerable; no one in our society should 
     have to endure them. The Department of Justice is committed 
     to insuring that those who make such threats will be 
     prosecuted and will serve sentences commensurate with the 
     cowardly and despicable nature of their actions.
       I will provide a more general overview of federal 
     prosecutorial activities.


                          federal jurisdiction

       There are a number of statutes that provide federal 
     jurisdiction over arsons at churches.
       We also have jurisdiction under 18 U.S.C. 247 and 248. 
     Under 18 U.S.C. 247, anyone who ``intentionally defaces, 
     damages, or destroys and religious real property, because of 
     the religious charter of that property, or attempts to do 
     so,'' through use of fire, has committed a felony. Subsection 
     (b) of the statute states that the defendant must have 
     traveled in interstate or foreign commerce, or used a 
     ``facility or instrumentality of interstate or foreign 
     commerce in interstate or foreign commerce'' in committing 
     the crime, and caused more than $10,000 damage.
       Section 844(h) of Title 18 applies when fire or an 
     explosive is used to commit another crime, and section 844(i) 
     of Title 18 prohibits the use of fire when destroying a 
     building used in interstate or foreign commerce. Section 
     248(a)(3) of Title 18 makes it a crime to ``intentionally 
     damage[] or destroy[] the property of a place of religious 
     worship.'' As we discuss later, however, our ability to use 
     248 may be limited.


                        successful prosecutions

       Investigation of church fires is extremely challenging. 
     Fire often destroys all of the relevant evidence. In addition 
     to examining the evidence at the scene of the fire, many 
     witnesses must be interviewed in order to get a lead, as 
     there are seldom witnesses to an arson at a church, 
     particularly churches located in rural areas, as many of 
     these churches are. There are currently over 200 federal 
     agents from the ATF and FBI assigned to the various fires we 
     are investigating.
       We have had successful federal prosecutions, and have 
     secured sentences commensurate with the seriousness of these 
     crimes. Two recent cases demonstrate the type of 
     investigations and prosecutions that vindicate federal 
     rights.


                        maury county, tennessee

       In January of 1995, two African American churches and an 
     African American-owned tavern were burned. Local law 
     enforcement investigated, and arrested three suspects, all of 
     whom said the fires were the result of actions they took 
     while intoxicated, and were intended only as a joke. The FBI 
     also investigated, and determined that all three defendants 
     spent a Sunday watching the Super Bowl, drinking, and 
     discussing their hatred of African Americans. The discussion 
     later turned specifically to ``burning nigger churches.'' 
     After gathering various supplies, the defendants first drove 
     to an adjoining county and tried to set fire to the tavern by 
     throwing a molotov cocktail through the window. It failed to 
     ignite. They also burned a cross on the tavern property. They 
     then crossed back into Maury County and went to the 
     Friendship Missionary Baptist Church, an African American 
     church, and threw a railroad tie and molotov cocktail through 
     the window. The fire ignited and caused heavy damage to the 
     church. They also attached a small cross to the church sign 
     and ignited it. They then drove to another African American 
     church, the Canaan African Methodist Episcopal Church, again 
     throwing a molotov cocktail into the church and causing 
     damage, and again leaving a cross on church property.
       The FBI obtained inculpatory statements and physical 
     evidence, and identified other persons who later testified 
     before the grand jury concerning the defendants' intent to 
     burn African American churches. Attorneys from the United 
     States Attorney's Office for

[[Page S6523]]

     the Middle District of Tennessee, as well as from the 
     Criminal Section of the Civil Rights Division, participated 
     in the Federal prosecution of these three defendants. They 
     also met often with local church officials, not only to 
     keep them apprised of the developments in the Federal 
     prosecution, but also to discuss with them the impact of 
     this attack on the members of the church.
       The defendants were arrested in August of 1995 on Federal 
     charges of violating 18 U.S.C. 241 by conspiring to set fire 
     to the two African American churches and the tavern. They 
     pled guilty to the Federal charges in October of 1995. Two of 
     the defendants were sentenced to 33 months in Federal prison, 
     and the third to 57 months, for this hate crime.
       One reason we decided to proceed with a Federal prosecution 
     was that because the tavern firebombing occurred in another 
     county, trial in State court would have required separate 
     State indictments and resulted in the juries in each case 
     seeing only part of the overall crime. The Federal conspiracy 
     charge permitted the full scope and nature of the crime to be 
     presented in one prosecution, and provided certain 
     evidentiary advantages, such as the admissibility of co-
     conspirator statements. In addition, the sentences these 
     defendants would have received under local law were much less 
     than Federal law would permit. The Federal sentencing 
     guidelines permitted the court to tailor sentences which 
     reflected the culpability and subsequent cooperation and 
     acceptance of responsibility by the defendants. The 
     Government was able successfully to argue at sentencing that 
     the leader of three defendants deserved an enhanced sentence. 
     The Federal investigation also revealed that the local 
     firefighters who responded to the first church burning were 
     placed at a substantial risk of death or serious bodily 
     injury by the fire, which also persuaded the court to impose 
     an enhanced sentence. The decision to proceed against these 
     defendants in Federal court and on Federal charges resulted 
     in sentences that fit the contemptible nature of their 
     actions and the effect of those actions on the members of the 
     churches they attempted to destroy.


                        pike county, mississippi

       On April 5, 1993, on the 25th anniversary of the death of 
     Rev. Martin Luther King, Jr., two African American churches 
     in rural southern Mississippi burned to the ground. The FBI, 
     with some cooperation by the local sheriff's department, took 
     the lead in the investigation and identified three suspects, 
     one adult and two juveniles. The Bureau contacted the father 
     of one suspect, and met with the suspect, his father and his 
     attorney. Later the Bureau agent and a lawyer from the 
     criminal Section of the Civil Rights Division met with 
     another suspect and the suspect's parents. The suspects 
     admitted setting fire to the churches. The churches were 
     chosen because they were African American churches, and the 
     suspects admitted making racially derogatory remarks such as 
     ``Burn Nigger Burn'' and ``that will teach you Niggers'' when 
     setting the fires.
       These fires were set in an area of Mississippi with a 
     disturbing and violent racial past. This prosecution sent a 
     strong message that this sort of violence will not be 
     tolerated. A thorough six month investigation was done, 
     followed by grand jury testimony. On October 1, 1993, all 
     three participants pled guilty to violating 18 U.S.C. 241. 
     Two defendants were sentenced to 37 months in Federal prison 
     and one to 46 months.
       These are two instances of successful Federal investigation 
     and prosecution of hate crimes involving the burning of 
     African American churches. Other fires have been investigated 
     jointly with State and local authorities. Some of these have 
     resulted in State convictions and lengthy sentences.


                  increase in reports of church fires

       We have found a disturbing increase in the number of fires 
     at churches reported to the Justice Department over the past 
     two years. As of May 1, 1996--only four months into the 
     year--we had received reports of fires at 24 churches, 
     seventeen of which occurred at churches in which the 
     membership is predominantly African American. During 1995, we 
     received reports of fires at 13 churches, and reports of acts 
     of vandalism at three churches that did not involve fires. 
     Eleven of the fires that occurred in 1995 were at African 
     American churches. From 1990 through 1994, we received and 
     investigated reports of fires at only 7 houses of worship, 6 
     of which were at African American churches, and acts of 
     vandalism at 5 synagogues.
       This pattern of church fires has not been limited to one 
     region of the country. The reports of church fires occurring 
     in 1996 have come from Alabama, Georgia, Louisiana, 
     Mississippi, Tennessee, Virginia, South Carolina, and Texas 
     in the southern United States, and also from Arizona, 
     Maryland, and New Jersey. In 1995, we investigated church 
     fires that occurred in Alabama, North and South Carolina, 
     and Tennessee, and also one that occurred at an African 
     American church in Washington state.
       Nearly one-quarter of the cases reported to us in 1995 and 
     1996 have been resolved. Of the 24 fires reported to us as of 
     May 1 of this year, arrests have been made in two cases, and 
     one has been determined to have been accidental. The rest 
     remain under active federal investigation, and we are hopeful 
     that we can bring some to conclusion soon. Of the 13 fires 
     and 3 incidents of vandalism occurring in 1995, 10 remain 
     under active federal investigation. Two investigations have 
     been closed after successful federal prosecution, and one 
     fire was determined to be accidental. Arrests have been made 
     in two of the incidents still under active investigation. The 
     three incidents of vandalism at churches in Alabama were 
     resolved through local prosecution.
       We have taken a number of steps to encourage local law 
     enforcement personnel throughout the country and others to 
     contact the FBI and ATF whenever a fire appears suspicious. 
     We have also spoken to church and civil rights leaders in 
     many areas to encourage them to get the word out to their 
     parishioners and members that fires and acts of vandalism at 
     houses of worship are of serious federal concern, and that 
     they should quickly report these incidents to both local and 
     federal officials.
       I recently went to Boligee, Alabama, to visit the sites of 
     recent church arsons and to meet with local law enforcement 
     officials as well as officials of the damaged churches. I 
     spoke both of the high priority these cases have in the 
     Department of Justice, and of our need for a close 
     relationship with local law enforcement and local citizens 
     regarding these kinds of actions. I was heartened by the 
     reception I was given by local church officials, and I hope 
     they, and other church members and other citizens around the 
     country fully understand the Department's commitment. I know 
     that Assistant Secretary James Johnson from the Department of 
     the Treasury has also made a number of visits to churches 
     around the country victimized by suspicious fires, and has 
     explained the manner in which the federal government is 
     responding to these fires.
       I am sure that local church and community members are as 
     frustrated as we are by those instances in which church fires 
     are not yet solved. I certainly hope that those same 
     officials and citizens understand that we are actively 
     investigating these fires, and doing whatever we can to 
     determine what happened and to make arrests where criminal 
     activity occurred. It is important to remember that arsons 
     are among the most difficult crimes to solve. Fire often 
     destroys important evidence. Some of these fires were set at 
     churches located in rural, isolated areas, and for that 
     reason the fires at some were extensive. In some instances, 
     churches burned to the ground. It is not yet clear whether 
     the increase in the number of fires reported to us reflects 
     an increase in the number of fires that have occurred, or 
     reflects an increase in reporting. As I stated earlier, we 
     have actively encouraged local citizens and law enforcement 
     officials to report all fires at houses of worship to federal 
     officials, and recent publicity about some church fires may 
     have encouraged the reporting of others.
       It is clear, however, from some of the cases that have been 
     solved, that some of the people who have set fires at houses 
     of worship are motivated by hate. Most of the other cases are 
     still under investigation. As you know, I cannot discuss 
     specifics of any open case. I can say, however, that during 
     our investigation we focus not only on the circumstances of 
     the specific fire before us, but also on whether, if we 
     identify an individual or individuals responsible for the 
     fire, there is any evidence that these individuals have any 
     ties to fires that have occurred elsewhere in the country. 
     Because these investigations are ongoing, it is premature to 
     draw conclusions one way or the other as to whether the fires 
     we are seeing are part of an organized hate movement.


                 difficulties with federal jurisdiction

       While I mentioned the Federal statutes that give us 
     jurisdiction over some fires and acts of vandalism at houses 
     of worship, using those statutes does present some 
     difficulties.
       18 U.S.C. 241 applies when we have two or more defendants 
     acting in a conspiracy. While we can get significant jail 
     sentences under section 241, we can use section 241 only when 
     we have a conspiracy of two or more persons. When we do not 
     have two or more individuals involved in the fire, section 
     241 is not available.
       When we are left with only one suspect, our jurisdiction is 
     provided by 18 U.S.C. sections 247 or 248. Prosecutions under 
     section 247 are complicated significantly by the fact that 
     subsection (b) of the statute states that the defendant must 
     have traveled in interstate or foreign commerce, or used a 
     ``facility or instrumentality of interstate or foreign 
     commerce in interstate or foreign commerce'' in committing 
     the crime, and caused more than $10,000 damage. These 
     provisions make this statute nearly impossible to use. The 
     $10,000 requirement means that when the damage from the fire 
     is minimal, or when hate is expressed, not through fire but 
     through desecration or defacement of houses of worship, 18 
     U.S.C. 247 is not an available source of jurisdiction. In 
     those cases, the message of hate is just as clear, and the 
     effect on the victims often just as palpable and disturbing, 
     but an important law enforcement tool is not available.
       18 U.S.C. 248(a)(3) also provides Federal jurisdiction in 
     church arsons. While that section could be a useful tool to 
     address this problem, we believe that the Supreme Court's 
     recent decision in United States v. Lopez, 115 S.Ct. 1624 
     (1995), may make use of that provision more difficult.
       Section 844(h) of title 18 applies when fire or an 
     explosive is used to commit another crime, and section 844(i) 
     of title 18 prohibits the use of fire when destroying a 
     building used in interstate or foreign commerce. Their 
     utility is limited, however, where no other crime is present, 
     or the interstate commerce nexus is not met.

[[Page S6524]]

                               conclusion

       The Clinton Administration is determined to address this 
     problem using all the law enforcement and investigative tools 
     available, working cooperatively with our Federal as well as 
     State and local law enforcement. Solving these crimes, and 
     punishing those responsible, remains a high priority for this 
     Administration.
                                                                    ____


    Statement by the Rev. Dr. Joseph E. Lowery, President, Southern 
  Christian Leadership Conference, Chairman, Black Leadership Forum, 
        Inc., to the Judiciary Committee, Tuesday, May 21, 1996

       Mr. Chairman, and Members of the Judiciary Committee, the 
     Department of Justice through the Assistant Attorney General, 
     Civil Rights Division, has advised us that (as of April 24, 
     1996) they have investigated ``fires and incidents of 
     desecration'' at 46 different houses of worship in 15 States 
     . . . since 1990.
       Of the 46 incidents listed, 29 remain unsolved. So far in 
     1996, 25 incidents have been reported, and 23 remain 
     unsolved.
       We have been outraged at these continuing attacks on places 
     of worship--and sorely disappointed that until recently law 
     enforcement in particular, as well as government and media in 
     general--have seemed only mildly interested in focusing on 
     these acts of terrorism. Scant notice was given by national 
     media until a church where the assistant pastor was a well 
     known professional football star--was torched.
       In late 1995, SCLC intensified its protest and plea to law 
     enforcement agencies to unleash all available resources to 
     bring these criminals to justice.
       In early 1996 we visited the sites of burned churches in 
     Alabama and Louisiana. Subsequently, Asst. Atty. Gen. Deval 
     Patrick visited our offices in Atlanta to assure us that the 
     investigation of these fires would be given top priority. An 
     official in the enforcement division of the Treasury 
     Department (ATF) also called and informed us that a Joint 
     Task Force with the Justice Dept.--consisting of 
     approximately 100 persons--had been assigned to the 
     investigation. We were advised that two of the officers 
     originally assigned to the Task Force had been removed after 
     it was discovered that they had been among ATF agents who 
     attended a Good Ol' Boy Roundup, where shameful racist 
     activities took place. It is our understanding that none of 
     the agents who frequented these ``Roundups'' has been 
     dismissed or severely disciplined. African Americans are 
     concerned that many law enforcement agencies include 
     personnel who are also members of racist groups.
       We are not surprised at this feeble response to racist 
     behavior--for like the national response to these church 
     burnings, it represents a fifty-first state in the nation--
     ``the state of denial''. While we have been shocked as a 
     nation at the rise of hate groups and right-wing terrorists 
     that have bombed federal buildings, and militia groups that 
     pose serious threats to democracy, we have downsized the 
     racist nature of these groups. History, however, is clear 
     that hate mongers in this nation are usually integrated with 
     white supremacists, anti-Semites, and neo-Nazis. They are 
     usually gun addicts and are heavily armed with assault 
     weapons.
       Is it any wonder that we are outraged that law enforcement 
     agencies insist on denying the racist nature of these attacks 
     on the soul of the Black community--our churches?
       A few days ago a gang of white teenagers in Ft. Myers, 
     Florida--known as ``Lords of Chaos''--shot and killed a high 
     school band director who uncovered their mayhem. This gang of 
     white teens--from affluent homes (some of whom were honor 
     students)--had burned a soft drink warehouse, a restaurant 
     with exotic birds; had burned property of a Baptist church 
     and were on their way to attack Disney World with assault 
     weapons. What the media have hardly mentioned is that their 
     plans included a shooting spree against Black tourists 
     following the attack on Disney.
       We are witnessing a frightening and serious assault on 
     African Americans in this nation, in the judicial and 
     legislative suites--as well as in the streets. One hundred 
     years ago, around the time of Plessy vs. Ferguson (separate 
     but equal) African Americans were stripped of political power 
     and our properties including churches were burned. One 
     hundred years later the ghost of Plessy vs. Ferguson and the 
     forces that ended reconstruction are haunting the nation. Our 
     children are cast into inferior courses by ``tracking'' and 
     other forms of miseducation and denial of justice and equal 
     opportunity in education. Our voting rights are being 
     devastated by federal judges who hold the sacred rulings of 
     their predecessors in contempt. Equal opportunities in 
     employment and economic enterprise are imperiled by the 
     assault on affirmative action. The rhetoric around welfare 
     reform suggests that welfare recipients are black, lazy, 
     dishonest, and need to be penalized for being poor. It is 
     soundly perceived and believed that efforts to balance the 
     budget are totally insensitive to the needs of the poor and 
     elderly--and that the budget should be balanced on the backs 
     of the poor. So-called angry white males are concerned that 
     affirmative action, the Federal government, and welfare 
     recipients are their enemies and are responsible for their 
     economic uncertainties. These misconceptions are fomented by 
     the rhetoric and policies of extremists in both the public 
     and private sector.
       While we continue to call for intensive and massive efforts 
     by law enforcement to bring these criminals to justice, we 
     recognize that concomitantly, we must: (1) recognize the 
     widening impact of anti-Black, anti-poor policies, in 
     creating attitudes of hostility that can translate into acts 
     of hostility; (2) we must hold accountable the extremist 
     groups that fan flames of racial and class divisions.
       We would strongly urge the Congress of these United States 
     to:
       1. Call for a massive, intense effort on the part of the 
     FBI, and the entire law enforcement contingency of the United 
     States government to bring to justice those who committed 
     these crimes.
       2. Commend, support and encourage the ministers, 
     congregations and communities that refuse to be intimidated 
     by these cowardly acts of terrorism. The message must be loud 
     and clear that the African American community will not be 
     intimidated in 1996 any more than we were in 1896, 1963 or 
     any other time. These attacks stiffen our resistance to 
     oppression and render firm our resolve in the pursuit of 
     justice and equity.
       We respectfully urge this committee and the Congress to 
     remember the history of fire bombing of churches in our 
     community. While no life has been lost, we recall with deep 
     pain and sorrow the murder of four little girls in Sunday 
     school in a church in Birmingham, Alabama. These criminals 
     must be stopped before such tragedies recur.
       3. We respectfully urge the committee and the Congress to 
     seek ways and means of addressing the economic distress, the 
     loss of jobs, the growing fears and uncertainties about the 
     future in ways that do not make African Americans, Hispanics, 
     women, and low income persons--scapegoats.
       We urge the Congress to engage in a positive campaign to 
     achieve racial justice and an end to political, judicial, 
     economic and street violence.
       We believe that an intelligence system and advanced 
     criminological technology that can identify terrorists in 
     faraway lands, and in New York and Oklahoma, ought to be able 
     to apprehend angry arsonists who burn churches.
       Finally, some religious extremists have offered rewards for 
     the culprits and challenged civil rights groups to match the 
     reward monies.
       We believe the religious community could better serve the 
     common good by engaging in joint efforts to eliminate the 
     climate of hostility which encourages acts of hostility. We 
     are willing to work together for social justice, the beloved 
     community, and an end to economic, political, judicial and 
     physical violence.
                                                                    ____


 Excerpts of Testimony of John W. Magaw, Director, Bureau of Alcohol, 
 Tobacco and Firearms, Before the Committee on the Judiciary, May 21, 
                                  1996

       Thank you, Mr. Chairman, Mr. Conyers, and members of the 
     Committee, for providing this forum to discuss the Federal 
     response to the recent series of church fires, predominately 
     African-American, that have occurred in the Southeastern 
     United States. The Bureau of Alcohol, Tobacco and Firearms is 
     the arson investigative agency of the Federal government, and 
     we bring unparalleled expertise to fire investigations. 
     Today, I'd like to highlight ATF's role in working with State 
     and local fire and police authorities, the Federal Bureau of 
     Investigation, and the Civil Rights Division of the 
     Department of Justice in investigating these fires. The 
     burning of churches is a particularly heinous crime because 
     those who would attack our churches seek to strike at our 
     most fundamental liberties and sources of personal support. 
     African-American churches historically have served as places 
     of sanctuary, centers of the community, and symbols of 
     freedom. ATF is committed to fully applying all of our 
     investigative resources to determine the cause of these fires 
     and arrest those responsible for the arsons.
       Although ATF has dedicated a tremendous amount of resources 
     to investigating this unusual increase in the number of 
     church fires, church fires are not necessarily a new 
     phenomenon. According to statistics compiled by the National 
     Fire Data Center (NFDC) in the U.S. Fire Administration, 179 
     church fires were reported in 1994. The NFDC estimates that 
     the statistics represent half of the actual number of fires 
     which occur each year. ATF has investigated 135 church fires 
     across the United States since October 1, 1991. However, as 
     depicted in the displayed pie chart, all church fires that 
     ATF initially investigates are not determined to be arsons.


                   current church fire investigations

       Since January 1995, ATF has conducted more than 2,600 fire 
     investigations. During this same period, ATF has conducted 51 
     church fire investigations. Twenty-five of these 
     investigations are arsons which occurred at predominately 
     African-American churches in the Southeast. These include six 
     in Tennessee: five each in Louisiana and South Carolina; four 
     in Alabama; three in Mississippi; and one each in Virginia 
     and Georgia. These locations are reflected in the displayed 
     map chart. As you know, these investigations are ongoing and, 
     therefore, I am unable to go into detail about the specifics 
     of these fires. I can tell you that, as of May 15, 1996, 
     there have been two individuals arrested in connection with 
     fires in Williamsburg County and Manning, South Carolina. In 
     addition, there have been three arrests in Lexington County, 
     South Carolina; one arrest in Tyler, Alabama; and another in

[[Page S6525]]

     Satartia, Mississippi. I am confident that we will make 
     additional arrests in the near future.
  The concentration of arsons at African-American churches, depicted on 
the line chart, raises the obvious possibility of race/hate-based 
motives. The proximity in time and geographic region indicates the 
possibility that some of the fires are connected. Because of the 
potential of racial motives, and the possibility that some fires may be 
connected, there has been an extraordinary degree of coordination of 
the various investigations. We are always aware of the possibility that 
evidence and information developed in one investigation might provide 
valuable leads in another. While the targets, timing, and locations of 
the arsons have resulted in heightened attention to race/hate-based 
motives and possible connections, ATF must also examine all other 
possible motives for the fires. Motives can range from blatant racially 
motivated crimes to financial profit to simply personal revenge or 
vandalism. In any event, the motive in one arson does not automatically 
speak to the motive in another arson or series of arsons. A conspiracy 
was uncovered involving at least two fires in South Carolina. We have 
not yet found any evidence of an interstate or national conspiracy, but 
until our work is done no motive or suspect will be eliminated.

       The Bureau of Alcohol, Tobacco and Firearms (ATF) is the 
     arson investigative agency of the Federal government and we 
     bring unparalleled expertise to fire investigations. AFT 
     derives its authority to investigate arson incidents, in 
     part, from 18 U.S.C. Section 844(i) which makes it a Federal 
     crime to use explosives or fire to destroy property affecting 
     interstate commerce. The legislative history of this law 
     makes it clear that Congress intended it to cover churches 
     and synagogues. The interstate nexus generally flows from 
     national or international affiliations that involve the 
     movement of funds, property, and other support services 
     across State boundaries.
       Since January 1995, ATF has conducted more than 2,600 fire 
     investigations. During this same period, ATF has conducted 51 
     church fire investigations. Twenty-five of these 
     investigations are arsons which occurred at predominately 
     African-American churches in the Southeast. We are working in 
     concert with over 20 State and local law enforcement and fire 
     agencies, as well as with the FBI, the Civil Rights Division 
     of the Department of Justice, U.S. Attorneys' offices, and 
     local prosecutors. We have committed virtually every arson 
     investigative resource at our disposal to the investigation 
     of the African-American church fires. Approximately 100 ATF 
     special agents have been assigned to the active 
     investigations in the Southeast. We have employed all of 
     ATF's investigative resources, such as our National Response 
     Teams, Certified Fire Investigators, and ATF-trained 
     accelerant detecting canines to help process the crime 
     scenes.
       Because of the potential of racial motives, and the 
     possibility that some fires may be connected, there has been 
     an extraordinary degree of coordination of the various 
     investigations. A conspiracy was uncovered involving at least 
     two fires in South Carolina. We have not found any evidence 
     so far of an interstate or national conspiracy, but until our 
     work is done no motive or suspect will be eliminated. 
     African-American churches have served as places of sanctuary, 
     centers of the community, and symbols of freedom. We will 
     continue to vigorously pursue all investigative leads to 
     solve these arsons and remove the fear.
  Mr. KENNEDY. Mr. President, I ask unanimous consent that a section-
by-section analysis of the legislation be printed in the Record.
  There being no objection, the section-by-section analysis was ordered 
to be printed in the Record, as follows:

             Faircloth-Kennedy Church Arson Prevention Act

       Section One: Short Title: This section notes that the bill 
     may be cited as ``The Church Arson Prevention Act of 1996.''
       1. Sections Two and Three: Amendment to Federal Criminal 
     Code.--Title 18, United States Code, Section 247, is one of 
     the principal federal statutes addressing destruction of 
     religious property. Since its passage in 1988, this provision 
     has been used once by federal prosecutors, despite the 
     hundreds of incidents of destruction or desecration of 
     religious property. (The one case involved the murder of a 
     cult member by another cult member.) The reason prosecutors 
     do not use the statute is because it contains jurisdictional 
     requirements that, as a practical matter, have been 
     impossible to meet.
       Specifically, section 247(b) contains a very high 
     interstate commerce requirement, a requirement that is not 
     constitutionally mandated, even after Lopez. The level of 
     interstate commerce required under section 247(b) is much 
     higher than is required in other similar federal statutes, 
     such as the arson statute.
       In addition, in cases of destruction of religious property, 
     there is a requirement that the damage exceed $10,000. The 
     monetary requirement is arbitrary, and does not reflect the 
     seriousness of many crimes. For example, there have been a 
     number of very serious cases involving skinheads firing 
     gunshots into synagogues that could not be prosecuted under 
     this statute because the damage did not exceed $10,000.
       The upshot of these two requirements is that section 247 is 
     essentially useless because prosecutors cannot meet the 
     unduly onerous jurisdictional requirements. The attached bill 
     (Section 3) addresses this problem by eliminating these 
     unworkable jurisdictional requirements and replacing them 
     with a more sensible scheme that will expand the scope of a 
     prosecutor's ability to prosecute religious violence under 
     section 247. The monetary requirement is eliminated 
     altogether, and the interstate commerce requirement is 
     replaced by a much more workable framework that will enable 
     prosecutors to prosecute church arsons, as well as other 
     serious acts of religious violence, under this statute. The 
     House bill contains a very similar provision, and the 
     Administration supports this approach.
       The Senate bill pertaining to section 247 contains two 
     additional features that are not contained in the House bill. 
     First, the Senate bill conforms the penalty provisions of 
     section 247 so that they are identical to the general federal 
     arson statute. Presently, if a defendant is prosecuted under 
     the federal arson statute for the arson of a building in 
     which nobody is injured, he faces a maximum possible penalty 
     of 20 years. However, if that same person burns down a place 
     of religious worship, and is prosecuted under section 247, 
     the maximum possible penalty is 10 years. Similarly, the 
     statute of limitations for prosecutions under the general 
     federal arson statute is seven years, while it is only five 
     years under section 247. The Senate bill corrects these 
     anomalies by conforming these provisions of section 247 to 
     the provisions of the federal arson statute.
       The Senate bill (Section 2) also contains the requisite 
     Congressional findings that enable Congress to amend section 
     247. These findings, in conjunction with the extensive 
     factual record that is being generated, are intended to 
     ensure that the bill withstands constitutional scrutiny.
       2. Section 4: Loan Guarantees--The Senate bill contains a 
     provision intended to assist victims in seeking to rebuild 
     without running afoul of First Amendment establishment clause 
     concerns. Under this provision. HUD will have the authority 
     to use up to $5,000,000 from an existing fund to extend loan 
     guarantees to financial institutions who make loans to 
     501(c)(3) organizations that have been damaged as a result of 
     an act of terrorism or arson. This provision does not require 
     an appropriation of additional funds to HUD. It will simply 
     give HUD the authority to use already existing funds in a new 
     manner. The financial benefit derives primiarly to the 
     financial institution, which now has the ability to make 
     certain loans that it might now otherwise have considered. 
     The House bill does not contain this provision.
       3. Section 5: Additional Resources to ATF--ATF trains 
     approximately 85-90% of state and local law enforcement in 
     how to investigate suspicious fires. It has been very 
     difficult for state and local enforcement to keep pace with 
     the recent spate of arsons. As a result, ATF has played a 
     prominent role in these investigations. The bill contains 
     authorization language (Section 5) for ATF to add 
     investigators and technical support personnel to participate 
     in these investigations, and to train state and local law 
     enforcement with the necessary arson investigation skills to 
     enable them to conduct these difficult investigations. The 
     House bill does not contain this provision.
       4. Section 5: Additional Resources to Community Relations 
     Service--The Community Relations Service is the mediation/
     conciliation arm of the Justice Department that was created 
     as part of the Civil Rights Act of 1964. Its mission is to go 
     out in the community to quell racial unrest through mediation 
     and conciliation. From working in Memphis following the death 
     of Martin Luther King to working in Los Angeles during the 
     Rodney King riots, the Community Relations Service has worked 
     to calm communities during our nation's most tense moments. 
     CRS focuses on non-litigation approaches to problem solving, 
     and has earned the respect of police chiefs and community 
     leaders across the country.
       In an unfortunate development, CRS had its budget cut in 
     half (10 million to 5 million) during the 1996 appropriation 
     cycle. Consequently, effective June 22nd, at a time when 
     their services are in great demand, CRS will be forced to lay 
     off almost half its staff, unless they get additional money. 
     Section 5 of the bill contains authorization language for CRS 
     to receive such sums as are necessary to perform these 
     essential services. It is Senator Kennedy's hope that CRS 
     ultimately will be funded at 1995 levels. The House bill does 
     not contain this provision.
       5. Section 6: Reauthorization of the Hate Crimes Statistics 
     Act--Newspaper reports give differing accounts of the number 
     of church fires that have occurred over the past two years. 
     The inability to document the number of such incidents points 
     to the need to reauthorize the Hate Crimes Statistics Act 
     permanently.
       Section 7 contains a provision permanently reauthorizing 
     the Hate Crimes Statistics

[[Page S6526]]

     Act. Although the Senate has already passed a separate bill 
     reauthorizing the HCSA, the House has not acted. Given the 
     paucity of time remaining in this legislative term, it is 
     imperative to pass the HCSA reauthorization as soon as 
     possible. As a result, it has been included in the Senate 
     bill.
       If you have any questions, feel free to contact me at 224-
     4031. I hope your Senator will consider co-sponsoring this 
     proposal so that the Senate can send a strong message to the 
     American public on this pressing issue.
       6. Section 7: Sense of the Senate--Section 7 is a sense of 
     the Senate resolution commending individuals and entities who 
     have assisted financially, or offered to assist financially, 
     in the rebuilding process. This resolution encourages the 
     private section to continue these efforts.
       7. Section 8: Severability Provision.--This clarifies the 
     severability of all provisions of this bill.

  Mr. KENNEDY. I think I have 2 minutes left. I yield 2 minutes to the 
Senator from Alabama for his comments.
  Mr. THURMOND. Mr. President, may I make an inquiry? Am I listed on 
that bill as cosponsor? I just want to find out.
  Mr. KENNEDY. Senator Faircloth, I think, is indicating in the 
affirmative, Senator.
  Mr. FAIRCLOTH. Yes, the ones so far are Senator Lott, Senator 
Thurmond, Senator Warner, Senator D'Amato, Senator Gramm, Senator 
Frist, and Senator Cochran. There are several others, and many more who 
are going to sign on, but you are listed, Senator Thurmond.
  Mr. KENNEDY. How much time do I have remaining?
  The PRESIDING OFFICER. The Senator has 3 minutes, 30 seconds.
  Mr. KENNEDY. I yield 2 minutes to the Senator from Alabama.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. HEFLIN. Mr. President, we recently awoke once again to disturbing 
news that has become all-too-commonplace. We were told that during the 
night, additional southern black churches had been burned. These recent 
church burnings came amidst heightened national concern over the 
epidemic of such episodes throughout the South. As each fire is 
reported, we cling to the hope that what we will hear is that it was 
the result of an accident and not the work of some demented arsonist. 
The evidence, however, points away from the accidental fire.
  As these hateful incidents continue to occur with alarming 
regularity, we are reminded of some of the most terrible moments of the 
civil rights struggle of the 1960's. Then, homes, businesses, churches, 
and other property was set afire in the dark of the night by those who 
wanted to preserve the existing social order. Their goal was to 
intimidate and frighten those working legally for the causes of 
equality and integration.
  To those of us who remember those dark days and who applaud the 
progress which has been made in our society since then in terms of race 
relations, these current images of fires at churches in the early hours 
before dawn are profoundly disturbing and disconcerting. This is not 
supposed to happen in this day and age, not in the South or anywhere in 
this country.
  Such incidents remind us that such hatred is alive in the United 
States of America and it is directed today at the very heart of these 
small, rural black communities. We ask ourselves who would hate a group 
enough to burn its church, the spiritual and social center of the 
community. The forces of evil are intentionally striking at the very 
soul of these communities by destroying their most sacred and powerful 
symbols.
  Last week, the President said:

       ``This country was founded on the premise of religious 
     liberty. It's how we got started * * * It is the cruelest of 
     all ironies that an expression of bigotry in America that 
     would sweep this country is one that involves trashing 
     religious liberty.

  Most would agree that one of the most logical institutions or symbols 
for bringing different people together would be a house of worship. 
What better venue could there be for transcending social and cultural 
division than the spiritual setting provided by a church?
  These fires are far more than an expression of religious bigotry. The 
fact that these small churches are so much more to the community than 
simply places of worship makes the expressions of hatred even more 
egregious. They go beyond religion to the very essence of racial 
hatred. We have to ask ourselves what kind of hatred could possibly 
motivate individuals to destroy these symbols of a community in such a 
despicable manner.
  As the Government searches for ways to address this epidemic, 
including the legislative efforts which I strongly support, we have to 
look at the twin possibilities of a conspiracy and the work of copycat 
arsonists. If it is a conspiracy, the work of one isolated group or 
groups fanning their hatred across the South, then our task is to find 
the perpetrators and prosecute them to the fullest extent of the law. 
Some of the evidence points to a conspiracy, such as the timing of the 
fires--they have all occurred in the very early hours of the morning, 
before day-light. As disturbing as it would be, it would be better for 
us as a country if the fires are the result of a conspiracy, the work 
of one group of individuals that does not reflect the current sentiment 
in this region of the country.

  If, on the other hand, they are the result of copycats, which is more 
likely the case, then we are dealing with a societal disease. 
Addressing such a societal ill is far more difficult and requires a 
much different response that goes beyond basic law enforcement. At the 
same time, it provides us with an opportunity to reevaluate race 
relations in this country and to seek new ways to improve them. As 
these tragic fires illustrate, some remedial attention with regard to 
continued progress in race relations is needed.
  There are some ways in which communities can be brought together 
because of these fires. White churches should invite their black 
neighbors who have lost their places of worship to come and worship 
with them. Black and white churches should come together in forming 
watches to prevent these attacks in the future. Ministers--black and 
white--should speak forcefully about racial equality and of the 
importance of honoring houses of God and keeping them sacred.
  These rather small but common-sense acts of neighborliness and 
spiritual leadership could direct more attention on where we are in 
terms of racial attitudes and relations. It is sad that with all the 
progress we have made over the last few decades, these kinds of 
terrorist acts still occur. Throughout my career, I have striven to 
promote racial harmony in my State and throughout the Nation. I am 
proud of the progress we have made. But, as my time in the Senate draws 
to a close, I am, frankly, quite disheartened that these kinds of 
incidents are again plaguing our society.
  While we do all in our power possible to stop these hate crimes, 
bring their perpetrators to justice, and encourage compliance with the 
law, we should also ask ourselves if there is more we can do as 
individual communities to advance the causes of equal rights and racial 
harmony. So, Mr. President, I support the Faircloth-Kennedy bill. I 
think it is an improvement over the House bill. A lot of work has gone 
into this. I think it approaches the situation with an investigatory 
device, to try to enhance the right of the FBI to investigate these 
terrible acts that are occurring throughout our Nation.

  Senator Pryor has asked me to add his name to this. I am sure there 
will be others. I ask unanimous consent the cosponsors' names be 
allowed to be entered for a period of time following this.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HEFLIN. Mr. President, I also see this as an opportunity to bring 
further improvement in regard to race relations. Yesterday I spoke with 
a group of Methodist ministers. I told them this was an opportunity to 
extend a hand of friendship to the black members of churches that were 
destroyed, to endeavor to try to work with them to improve their lot in 
the agony they are suffering today. I think this is an opportunity.
  I do not know whether this is a conspiracy or whether it is a copycat 
situation. If it is a conspiracy, we should root out the perpetrators 
of this and punish them. If it is a copycat situation, then we have to 
try to work to remove the root cause.
  So, it is something I think the American people ought to be aware of, 
and that they ought to do everything they can to address these crimes.

[[Page S6527]]

  I fully support this bill.
  Mr. KENNEDY. Mr. President, I yield the remainder of our time.
  Mr. FAIRCLOTH. Mr. President, any time I have remaining I also yield 
back.
  The PRESIDING OFFICER. The Senator from Georgia.
  Mr. NUNN. Mr. President, the Senator from Massachusetts and the 
Senator from North Carolina, have they completed their remarks and the 
introduction of their bill?
  Mr. KENNEDY. I thank the Chair and ranking minority member for 
yielding for this purpose. We yield back our time.
  Mr. NUNN. I congratulate both Senators on taking this step. I think 
there is nothing that is so discouraging and heartbreaking than to see 
the burnings that have taken place of churches across much of our 
country.
  I congratulate both the Senator from Massachusetts and the Senator 
from North Carolina. Maybe we can get unanimous support for denouncing 
this unexplainable and detestable series of acts. Whatever the cause, I 
think the message should go out that the U.S. Senate is firmly on 
record, both sides of the aisle, every political philosophy, deploring 
this kind of conduct.
  So I congratulate both Senators for introducing this bill. I know it 
will receive prompt and careful consideration by the Senate and the 
respective committees.
  Ms. MIKULSKI. Mr. President, I rise today to voice my strong 
condemnation of the rash of church burnings that have swept through the 
South. This is a national crisis.
  These acts of terrorism, which are aimed solely at predominately 
black churches, strike at the very heart of what is sacred in our 
country--the right to freedom of religion and fundamental civil rights. 
Churches, mosques, temples, and synagogues are sanctuaries where 
Americans enjoy the freedom to worship. That is why these acts are 
truly repugnant, and I am outraged that the arsons continue.
  Yesterday the Senate passed unanimously a resolution expressing our 
horror at these repugnant acts, and calling for rigorous investigation 
and prosecution of these crimes. I was proud to be a cosponsor of that 
resolution.
  But we can and must do more. That is why I am cosponsoring the bill 
introduced by my colleagues, Senators Kennedy and Faircloth, that will 
make it easier for the Federal Government to investigate and prosecute 
crimes involving the intentional destruction of churches.
  Our Nation has made tremendous progress since the civil rights 
movement in the 1960's. Church burnings turn the clock back on the 
strides we have made since the 1960's and bring shame to our great 
Nation. Our Nation cannot tolerate the increasing number of black 
church arsons. The burnings have reached epidemic proportions.
  It is a painful reminder of a time when hate and ignorance prevailed 
in many parts of the country. The perpetrators of these crimes must be 
caught and punished. They must know that our Nation will not tolerate 
or encourage these cowardly acts. Citizens around the country are 
outraged that places of worship--mostly in small Southern towns--are 
being burned to the ground. Many of the churches are historic 
landmarks. Some were erected over 100 years ago.
  Black churches are the lifeblood in small Southern communities--by 
burning these churches the arsonists strike at the very heart of the 
black community. But, all of us who worship and believe in God are hurt 
by these church burnings; they strike everyone.
  Faith built our country. We must begin building bridges to destroy 
the plague of racism. It is the basis of our Constitution that everyone 
has the freedom to worship wherever they please. These fundamental 
freedoms must be protected from those who would like to bully and 
intimidate peaceful, worshiping citizens.
  Nearly 40 churches have burned since the beginning of the year. This 
is the worst kind of terrorism. It is reminiscent of a time when the Ku 
Klux Klan and other hate groups felt free to burn crosses, lynch 
innocent blacks, and burn churches. The current wave of church burnings 
has targeted remote, isolated places of worship in Southern black 
communities. These arsonists sneak into the night to torch churches 
falsely believing they will not be caught. We must not let these 
arsonists continue to commit their acts without being punished.
  Our country will not tolerate this kind of moral outrage and shame. 
Federal prosecutors should be able to investigate and prosecute these 
criminals to the fullest extent allowed by law. Federal prosecution of 
those who are responsible for these fires at churches should be the 
highest national priority. We need to have the resources to go after 
these criminals; a civilized society cannot continue to have churches 
being burned to the ground every other day.
  It is encouraging that my Senate colleagues in a bipartisan fashion 
have come together to condemn the church burnings. This is an issue 
that crosses all racial and party lines. We need to begin rebuilding--
the churches across the South and the moral fabric of our country.
  We must do all that we can to bring these criminals to justice. We 
are all the victims of the rash of church burnings in our country.
  I urge my colleagues to support the Kennedy-Faircloth bill. The 
legislation will give law enforcement officials the tools they need to 
stop this terrible epidemic.
  We must come together to begin healing the racial wounds caused by 
the church fires. Racism and hatred have no place in our country.
  Mr. KERRY. Mr. President, I join my colleagues to express concern and 
outrage at the dastardly acts of hatred and violence against black 
churches, against good and decent people, people of faith with a strong 
sense of community. This legislation is a bipartisan statement that the 
United States Senate is determined to bring this outrage to a halt.
  Make no mistake, those who have set these churches ablaze have 
rekindled our desire to stamp out bigotry and prejudice everywhere. 
There was a time in America, not long ago, when many of us were 
involved in the Civil Rights movement with men and women of good will--
white and black--who demonstrated and marched for equal rights and 
justice in the face of the worst kind of violence, hatred, and bigotry. 
Black churches had long been a refuge from prejudice and served as the 
symbol of community for millions of Americans who were the victims of 
blind intolerance that raged throughout this country.
  We cannot and must not let the hatred and ignorance of a few 
criminals, arsonists, separatists, or supremacists turn back the clock 
on the progress we have made toward racial equality. We must, in this 
face of the haters, the bigots, and the racists, strengthen our resolve 
to tear down the walls that divide us and stand together, shoulder-to-
shoulder, in solidarity against intolerance and this kind of violent, 
destructive, sociopathic behavior directed at our fellow citizens.
  Those who have committed these hate crimes have forgotten the lessons 
of history. They have forgotten or never learned what America went 
through in the 1960s. They have forgotten the faces on the bridge in 
Selma, the burning bus of the Freedom Riders ablaze in Anniston, AL and 
the horrifying scene of demonstrators being dragged from the bus and 
beaten. They have forgotten the image of ``Bull'' Connor ordering the 
use of police dogs and fire hoses on demonstrators in Birmingham. They 
have forgotten or never learned the meaning of the assassination of Dr. 
King. These thugs are no different than the haters, cowards, and common 
criminals in white hoods who burned crosses in the middle of the night 
in a reign of terror against innocent people who sought only fairness, 
equal rights, and justice.
  We can thank God that history taught most of us a lesson. History has 
passed its own lesson on the cross-burners along with men like ``Bull'' 
Connor because of their racism, ignorance and cowardice. But now, years 
later, those who learned nothing from history, or those too young, too 
alone, too desocialized, disinterested, or demoralized to know better 
are burning churches instead of crosses, and they must be brought to 
justice.
  As a nation and as one people united in our constitutional, 
religious, and philosophical belief in equal justice

[[Page S6528]]

under the law, we cannot let the actions of these criminals result in 
bitterness, anger, or retaliation. We cannot let them divide us. We 
must remember the words of Martin Luther King who said,

       ``I've seen too much hate to want to hate myself, and I've 
     seen hate on the faces of too many sheriffs, too many White 
     Citizens Councilors, and too many Klansmen of the South to 
     want to hate, myself; and every time I see it, I say to 
     myself: hate is too great a burden to bear.''

  Let Dr. King's words be our lesson as we find these criminals, bring 
them to justice, and rally together for an end to hatred and 
intolerance in this Nation.
  I commend the Senators who have taken the leading roles in crafting 
the language on which we will be voting, and I urge my colleagues to 
support the bill.
  Mr. President, I yield the floor.
  Mr. KOHL. Mr. President, I rise to cosponsor the Church Arson 
Protection Act of 1996 introduced today by Senators Kennedy and 
Faircloth.
  Since the beginning of this year, a series of fires have swept our 
country. More than 30 predominantly African-American churches in the 
southeast have been burned. Not all of the fires have been set by 
people filled with racial hatred. But many have. And even one is too 
much.
  Passing this measure is the least we can do to address this problem. 
With this new law, we send a clear message to every person who is 
thinking of setting fire to a place of worship: we will catch you. If 
you think that any church is small and remote, think again. No church 
is too small or remote for us not to care about it. If you think that 
you can burn all of the evidence, think again. We will find the 
evidence. If you think that no one cares if you burn a church used by 
African Americans, think again. This Nation condemns your actions.
  In the last few months, the FBI, the Bureau of Alcohol, Tobacco and 
Firearms, and State and local law enforcement have vigorously 
investigated the fires in our churches. They have made numerous arrests 
and have leads on many other cases.
  Despite this progress, the news of these fires is genuinely 
disturbing and perplexing. How could anyone do such a heinous thing? 
How could anyone burn a church and feel proud of their actions? No one 
who is truly committed to the principles of our country could do this. 
This Nation was founded on tolerance and respect for religious worship. 
And the greatest battle of our country's short life has been fought for 
the principle of racial tolerance.
  Many people may say that these fires are a blow aimed at racial and 
religious equality. And they are. But they are feeble and small swats. 
We will rebuild the burned churches; we will condemn the bigots who 
started the fires; and with this law, we will help assure that 
punishment is swift, sure, and severe. These fires cannot undo the 
progress in race relations that we have made as a nation.
  So today, I rise to cosponsor this legislation. And I urge my fellow 
Senators to pass it rapidly an unanimously.
  Mr. D'AMATO. Mr. President, what has happened recently in this 
country is abominable and we have all heard the reports: yet another 
church, attended by black parishioners, was torched in the South. The 
recent rash of arson attacks on black churches should put this country 
in fear; it has to this Senator.
  These cases of arson are more than the destruction of a structure; it 
is the destruction of the congregation and the communities themselves. 
This is the time for this body, and for all this Nation, to lend their 
support to these communities and these congregations for they have 
suffered a tremendous loss. If we allow this to continue with impunity 
in America, what protection do any of us have?
  The reporting of over 30 church burning in 18 months indicates the 
need for a swift and just response. The responsible parties must be 
caught and prosecuted to the fullest extent of the law. These malicious 
burnings must end and end now.
                                 ______