[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12291-S12292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI:
  S. 1493. A bill to amend section 485(f)(1)(F) of the Higher Education 
Act of 1965 to provide for the disclosure of all criminal incidents 
that manifest evidence of prejudice based on race, gender, religion, 
sexual orientation, ethnicity, or disability; to the Committee on Labor 
and Human Resources.


                THE CAMPUS HATE CRIMES RIGHT TO KNOW ACT

  Mr. TORRICELLI. Mr. President, every year, over 14 million students 
and their parents agonize over where to attend college. They spend 
months researching schools and visiting campuses in an effort to find 
the perfect fit. At the top of the list of characteristics students and 
their parents look for in a school is a safe learning environment. 
Information is the key to choosing such an environment. Under current 
law, students and their parents do not have access to all the 
information necessary to make an informed choice.
  Current law requires colleges and universities to report statistics 
on crimes that occur on their campuses. However, colleges are only 
required to report those hate crimes that result in murder, rape, or 
aggravated assault. These three categories of crimes only represent 16 
percent of the total number of hate crimes that occur on college 
campuses every year. Vandalism, harassment, and simple assault comprise 
the vast majority of hate crimes. Under current law, however, colleges 
are not required to report these crimes.
  Current law also does not require colleges and universities to report 
hate crimes against women and the disabled. Thus, parents of daughters 
or disabled students have no idea whether the college to which they 
will send their children is safe.
  Students and parents have the right to information about all hate 
crimes committed on their prospective college campuses. My bill, the 
Campus Hate Crimes Right to Know Act of 1997, will ensure that they 
have access to that information.
  The Campus Hate Crimes Right to Know Act does two very important 
things: it expands college reporting requirements to include all hate 
crimes, not just those that result in murder, rape and aggravated 
assault; and, it includes gender and disability in the class protected 
by the reporting requirement. Under current law, colleges need only 
report hate crimes motivated by race, religion, sexual orientation, and 
ethnicity. My bill will cover these four categories plus gender and 
disability.
  Our Nation's college campuses should be a refuge from crime, 
particularly heinous attacks motivated by hatred and bigotry. The 
disturbing truth, however, is that college campuses are often fertile 
ground for bigotry. A recent study done by the Maryland Prejudice 
Institute reported that 25 percent of minority college students 
attending predominantly white colleges have been victimized by hate. In 
1996, 90 incidents of anti-Semitic activity on college campuses were 
reported to the Anti-Defamation League.
  In September 1996, 60 Asian-American college students at a California 
university received threats from another student via e-mail messages 
threatening that all Asian-Americans would be hunted and killed. Under 
current law, this offense would not appear on a campus crime report.
  The Campus Hate Crimes Right to Know Act will provide students and 
their parents with vital information so that they may better protect 
themselves against such crimes. It will also encourage college 
officials to raise awareness about these crimes and develop programs 
and strategies to combat them.
  The damage done by hate crimes goes beyond physical injury. Hate 
crimes, whether they take the form of painting a swastika on someone's 
dorm room door or gang beating a student believed to be gay, leave the 
victim feeling fearful, vulnerable, and isolated.
  Our children are our future. Their college years are among the most 
exciting and formative of their lives. By introducing the Campus Hate 
Crimes Right to Know Act of 1997, I hope to empower students and 
parents with all of the information necessary to ensure that those 
years are as safe as possible.
  Mr. President, I ask unanimous consent at this time that the text of 
the Campus Hate Crimes Right to Know Act of 1997, in its entirety, be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1493

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

     SECTION 1. DISCLOSURE.

       (a) Short Title.--This section may be cited as the ``Campus 
     Hate Crimes Right to Know Act of 1997''.
       (b) Findings.--Congress finds that--
       (1) the incidence of violence on college campuses based on 
     race, gender, religion, sexual orientation, ethnicity, or 
     disability poses a serious national problem;
       (2) such violence disrupts the tranquility and safety of 
     campuses and is deeply divisive;
       (3) hate crimes include crimes in which the perpetrator 
     intentionally selects a victim because of the actual or 
     perceived race, gender, religion, sexual orientation, 
     ethnicity, or disability of the victim;
       (4) existing Federal reporting requirements only require 
     colleges and universities to report hate crimes that result 
     in murder, rape, or aggravated assault;
       (5) existing reporting requirements are inadequate to deal 
     with the problem of hate

[[Page S12292]]

     crimes since the vast majority of hate crimes that occur on 
     college campuses do not result in murder, rape, or aggravated 
     assault;
       (6) existing reporting requirements are inadequate because 
     the requirements do not require colleges and universities to 
     report hate crimes that target victims because of the 
     victims' gender or disability;
       (7) omitting certain hate crimes from official campus crime 
     reports may result in a false sense of security among 
     students and apathy from campus officials;
       (8) omitting certain hate crimes from official campus crime 
     reports deprives students and parents of the students of 
     vital information necessary to protect the students against 
     such crimes and to make informed decisions in choosing a 
     college or university;
       (9) requiring postsecondary institutions to report all hate 
     crimes that occur on their campuses will provide students and 
     parents of the students with vital information so that the 
     students may better protect themselves against such crimes; 
     and
       (10) requiring postsecondary institutions to report all 
     hate crimes that occur on their campuses will encourage 
     college officials to raise awareness about such crimes and 
     develop programs and strategies to combat such crimes.
       (c) Amendment.--Section 485(f)(1)(F) of the Higher 
     Education Act of 1965 (20 U.S.C. 1092(f)(1)(F) is amended--
       (1) by redesignation clauses (i) through (vi) as subclauses 
     (I) through (VI), respectively;
       (2) by striking ``Statistics'' and inserting ``(i) 
     Statistics''; and
       (3) by adding at the end the following:
       ``(ii) Statistics concerning the occurrence on campus, 
     during the most recent calendar year, and during the 2 
     preceding calendar years for which data are available, of all 
     criminal incidents that manifest evidence of prejudice based 
     on actual or perceived race, gender, religion, sexual 
     orientation, ethnicity, or disability that are reported to 
     campus security authorities or local police agencies. The 
     statistics shall be collected and reported according to 
     category of prejudice.''.
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