[Congressional Record Volume 145, Number 41 (Tuesday, March 16, 1999)]
[Senate]
[Pages S2730-S2733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY (for himself, Mr. Specter, Mr. Wyden, Mr. Schumer, 
        Mr. Smith of Oregon, Mr. Daschle, Mr. Leahy, Mr. Torricelli, 
        Mr. Akaka, Mr. Biden, Mr. Bingaman, Mrs. Boxer, Mr. Bryan, Mr. 
        Chafee, Mr. Cleland, Mr. Dodd, Mr. Durbin, Mr. Harkin, Mr. 
        Jeffords, Mr. Johnson, Mr. Kerrey, Mr. Kerry, Ms. Landrieu, Mr. 
        Lautenberg, Mr. Levin, Mr. Lieberman, Ms. Mikulski, Mrs. 
        Murray, Mr. Reed, Mr. Reid, Mr. Robb, Mr. Rockefeller, Mr. 
        Sarbanes, and Mr. Wellstone):
  S. 622. A bill to enhance Federal enforcement of hate crimes, and for 
other purposes; to the Committee on the Judiciary.


                 the hate crimes prevention act of 1999

  Mr. KENNEDY. Mr. President, it is a privilege to join Senator 
Spector, Senator Wyden, Senator Schumer, and Senator Smith in 
introducing the Hate Crimes Prevention Act of 1999. This bill has the 
support of the Department of Justice, constitutional scholars, law 
enforcement officials, and many organizations with a long and 
distinguished history of involvement in combating hate crimes, 
including the Leadership Conference on Civil Rights, the Anti-
Defamation League, the Human Rights Campaign, the National Gay and 
Lesbian Task Force, the National Organization for Women Legal Defense 
and Education Fund, the National Coalition Against Domestic Violence 
and The Consortium for Citizens with Disabilities Rights Task Force.
  Congress has a responsibility to act this year to deal with the 
festering problem of hate crimes. The silence of Congress on this basic 
issue has been deafening, and it is unacceptable. We must stop acting 
like we don't care--that somehow this fundamental issue is just a state 
problem. It isn't. It's a national problem, and it's an outrage that 
Congress has been A.W.O.L.
  Few crimes tear more deeply at the fabric of our society than hate 
crimes. These despicable acts injure the victim, the community, and the 
nation itself. The brutal murders in Texas, Wyoming, and most recently 
in Alabama have shocked the conscience of the nation. Sadly, these 
three crimes are only the tip of the hate crimes iceberg. We need to do 
more--much more--to combat them.
  I'm convinced that if Congress acted today, and President Clinton 
signed our bill tomorrow, we'd have fewer hate crimes in all the days 
that follow.
  Current federal laws are clearly inadequate. It's an embarrassment 
that we haven't already acted to close these glaring gaps in present 
law. For too long, the federal government has been forced to fight hate 
crimes with one hand tied behind its back.
  Our bill does not undermine the role of the states in investigating 
and prosecuting hate crimes. States will continue to take the lead. But 
the full power of federal law should also be available to investigate, 
prosecute, and punish these crimes.
  The Hate Crimes Prevention Act of 1999 addresses two serious 
deficiencies in the principal federal hate crimes statutes, 18 U.S.C. 
Sec. 245, which applies to hate crimes committed on the basis of race, 
color, religion, or national origin.
  First, the statute requires the government to prove that the 
defendant committed an offense not only because of the victim's race, 
color, religion, or national origin, but also because of the victim's 
participation in one of six narrowly defined ``federally protected 
activities'' enumerated in the statute. These activities are: (A) 
enrolling in or attending a public school or public college; (B) 
participating in or enjoying a service, program, facility or activity 
provided or administered by any state or local government; (C) applying 
for or enjoying employment; (D) serving in a state court as a grand or 
petit juror; (E) traveling in or using a facility of interstate 
commerce; and (F) enjoying the goods or services of certain places of 
public accommodation.
  Second, the statute provides no coverage for hate crimes based on the 
victim's sexual orientation, gender, or disability. Together, these 
limitations prevent the federal government from working with state and 
local law enforcement agencies in the investigation and prosecution of 
many of the most vicious hate crimes.
  Our legislation amends 18 U.S.C. Sec. 245 to address each of these 
limitations. In cases involving racial, religious, or ethnic violence, 
the bill prohibits the intentional infliction of bodily injury without 
regard to the victim's participation in one of the six ``federally 
protected activities''. In cases involving hate crimes based on the 
victim's sexual orientation, gender, or disability, the bill prohibits 
the intentional infliction of bodily injury whenever the act has a 
nexus, as defined in the bill, to interstate commerce. These provisions 
will permit the federal government to work in partnership with state 
and local officials in the investigation and prosecution of hate 
crimes. I urge the Senate to act quickly on this important legislation, 
and I look forward to working with my colleagues to bring it to a vote. 
I ask unanimous consent that the bill and a more detailed description 
of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 618

         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 ``Hate Crimes Prevention Act 
     of 1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the incidence of violence motivated by the actual or 
     perceived race, color, national origin, religion, sexual 
     orientation, gender, or disability of the victim poses a 
     serious national problem;
       (2) such violence disrupts the tranquility and safety of 
     communities and is deeply divisive;
       (3) existing Federal law is inadequate to address this 
     problem;
       (4) such violence affects interstate commerce in many ways, 
     including--
       (A) by impeding the movement of members of targeted groups 
     and forcing such members to move across State lines to escape 
     the incidence or risk of such violence; and

[[Page S2731]]

       (B) by preventing members of targeted groups from 
     purchasing goods and services, obtaining or sustaining 
     employment or participating in other commercial activity;
       (5) perpetrators cross State lines to commit such violence;
       (6) instrumentalities of interstate commerce are used to 
     facilitate the commission of such violence;
       (7) such violence is committed using articles that have 
     traveled in interstate commerce;
       (8) violence motivated by bias that is a relic of slavery 
     can constitute badges and incidents of slavery;
       (9) although many State and local authorities are now and 
     will continue to be responsible for prosecuting the 
     overwhelming majority of violent crimes in the United States, 
     including violent crimes motivated by bias, Federal 
     jurisdiction over certain violent crimes motivated by bias is 
     necessary to supplement State and local jurisdiction and 
     ensure that justice is achieved in each case;
       (10) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes; and
       (11) the problem of hate crime is sufficiently serious, 
     widespread, and interstate in nature as to warrant Federal 
     assistance to States and local jurisdictions.

     SEC. 3. DEFINITION OF HATE CRIME.

       In this Act, the term ``hate crime'' has the same meaning 
     as in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note).

     SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.

       Section 245 of title 18, United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c)(1) Whoever, whether or not acting under color of law, 
     willfully causes bodily injury to any person or, through the 
     use of fire, a firearm, or an explosive device, attempts to 
     cause bodily injury to any person, because of the actual or 
     perceived race, color, religion, or national origin of any 
     person--
       ``(A) shall be imprisoned not more than 10 years, or fined 
     in accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, or fined in accordance with this title, or both if--
       ``(i) death results from the acts committed in violation of 
     this paragraph; or
       ``(ii) the acts omitted in violation of this paragraph 
     include kidnapping or an attempt to kidnap, aggravated sexual 
     abuse or an attempt to commit aggravated sexual abuse, or an 
     attempt to kill.
       ``(2)(A) Whoever, whether or not acting under color of law, 
     in any circumstance described in subparagraph (B), willfully 
     causes bodily injury to any person or, through the use of 
     fire, a firearm, or an explosive device, attempts to cause 
     bodily injury to any person, because of the actual or 
     perceived religion, gender, sexual orientation, or disability 
     of any person--
       ``(i) shall be imprisoned not more than 10 years, or fined 
     in accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, or fined in accordance with this title, or both, if--
       ``(I) death results from the acts committed in violation of 
     this paragraph; or
       ``(II) the acts committed in violation of this paragraph 
     include kidnapping or an attempt to kidnap, aggravated sexual 
     abuse or an attempt to commit aggravated sexual abuse, or an 
     attempt to kill.
       ``(B) For purposes of subparagraph (A), the circumstances 
     described in this subparagraph are that--
       ``(i) in connection with the offense, the defendant or the 
     victim travels in interstate or foreign commerce, uses a 
     facility or instrumentality of interstate or foreign 
     commerce, or engages in any activity affecting interstate or 
     foreign commerce; or
       ``(ii) the offense is in or affects interstate or foreign 
     commerce.''.

     SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.

       (a) Amendment of Federal Sentencing Guidelines.--Pursuant 
     to its authority under section 994 of title 28, United States 
     Code, the United States Sentencing Commission shall study the 
     issue of adult recruitment of juveniles to commit hate crimes 
     and shall, if appropriate, amend the Federal sentencing 
     guidelines to provide sentencing enhancements (in addition to 
     the sentencing enhancement provided for the use of a minor 
     during the commission of an offense) for adult defendants who 
     recruit juveniles to assist in the commission of hate crimes.
       (b) Consistency With Other Guidelines.--In carrying out 
     this section, the United States Sentencing Commission shall--
       (1) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (2) avoid duplicative punishments for substantially the 
     same offense.

     SEC. 6. GRANT PROGRAM.

       (a) Authority to Make Grants.--The Office of Justice 
     Programs of the Department of Justice shall make grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State and local programs designed to combat 
     hate crimes committed by juveniles, including programs to 
     train local law enforcement officers in investigating, 
     prosecuting, and preventing hate crimes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 
                   STATE AND LOCAL LAW ENFORCEMENT.

       There are authorized to be appropriated to the Department 
     of the Treasury and the Department of Justice, including the 
     Community Relations Service, for fiscal years 2000, 2001 and 
     2002 such sums as are necessary to increase the number of 
     personnel to prevent and respond to alleged violations of 
     section 245 of title 18, United States Code (as amended by 
     this Act).

     SEC. 8. SEVERABILITY.

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


           Summary of the Hate Crimes Prevention Act of 1999

       The Hate Crimes Prevention Act of 1999 creates a three-
     tiered system for the federal prosecution of hate crimes 
     under 18 U.S.C. Sec. 245, as follows:
       1. The bill leaves 18 U.S.C. Sec. 245(b)(2) unchanged. That 
     provision prohibits the intentional interference, or 
     attempted interference, with a person's participation in one 
     of six specifically enumerated ``federally protected 
     activities'' on the basis of the person's race, color, 
     religion, or national origin. These activities are: (A) 
     enrolling in or attending a public school or public college; 
     (B) participating in or enjoying a service, program, facility 
     or activity provided or administered by any state or local 
     government; (C) applying for or enjoying employment; (D) 
     serving in a state court as a grand or petit juror; (E) 
     traveling in or using a facility of interstate commerce; and 
     (F) enjoying the goods or services of certain places of 
     public accommodation.
       2. The bill adds a new provision, 18 U.S.C. Sec. 245(c)(1), 
     which prohibits the intentional infliction of bodily injury 
     on the basis of race, color, religion, or national origin. 
     This new provision does not require a showing that the 
     defendant committed the offense because of the victim's 
     participation in a federally protected activity. However, an 
     offense under the new 18 U.S.C. Sec. 245(c)(1) will be 
     prosecuted as a felony only, and a showing of bodily injury 
     or death or of an attempt to cause bodily injury or death 
     through the use of fire, a firearm, or an explosive device is 
     required. Other attempts will not constitute offenses under 
     this section.
       3. The bill adds another new provision, 18 U.S.C. 
     Sec. 245(c)(2), which prohibits the intentional infliction of 
     bodily injury or death (or an attempt to inflict bodily 
     injury or death) through the use of fire, a firearm, or an 
     explosive device on the basis of religion, gender, sexual 
     orientation, or disability. Like 18 U.S.C. Sec. 245(c)(1), 
     this provision authorizes the prosecution of felonies only, 
     and excludes most attempts, while omitting the ``federally 
     protected activity'' requirement. Unlike 18 U.S.C. 
     Sec. 245(c)(1), this provision requires proof of a Commerce 
     Clause nexus as an element of the offense.
       4. For prosecutions under both of the new provisions, a 
     certification by the Attorney General or other senior Justice 
     Department official that ``a prosecution by the United States 
     is in the public interest and necessary to secure substantial 
     justice.''


                             FEDERALIZATION

       It is expected that the Hate Crimes Prevention Act of 1999 
     will result in only a modest increase in the number of hate 
     crimes prosecutions brought by the federal government. The 
     intent is to ensure that the federal government will limit 
     its prosecutions of hate crimes to cases that implicate the 
     greatest federal interest and present a clear need for 
     federal intervention. The Act is not intended, for example, 
     to federalize all rapes or all acts of domestic violence.
       The bill requires a nexus to interstate commerce for hate 
     crimes based on sexual orientation, gender, or disability. 
     This requirement, which the government must prove beyond a 
     reasonable doubt as an element of the offense, will limit 
     federal jurisdiction in these categories to cases that 
     involve clear federal interests.
       The bill excludes misdemeanors and limits federal hate 
     crimes based on sexual orientation, gender, or disability to 
     those involving bodily injury or death (and a limited set of 
     attempts to cause bodily injury or death). These limitations 
     will limit federal cases to truly serious offenses.
       18 U.S.C. Sec. 245 already requires a written certification 
     by the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or a specially designated 
     Assistant Attorney General that ``a prosecution by the United 
     States is in the public interest and necessary to secure 
     substantial justice.'' This requirement will apply to the new 
     crimes in the Act.


      existing federal law and the need for expanded jurisdiction

     1. The ``Federally Protected Activity'' requirement of 18 
         U.S.C. Sec. 245(b)(2)
       18 U.S.C. Sec. 245(b)(2) has been the principal federal 
     hate crimes statute for many years.

[[Page S2732]]

     It prohibits the use of force, or threat of force, to injure, 
     intimidate, or interfere with (or to attempt to injure, 
     intimidate, or interfere with) ``any person because of his 
     race, color, religion, or national origin'' and because of 
     his participation in any of six ``federally protected 
     activities'' specifically enumerated in the statute. The six 
     enumerated ``federally protected activities'' are: (A) 
     enrolling in or attending a public school or public college; 
     (B) participating in or enjoying a service, program, facility 
     or activity provided or administered by any state or local 
     government; (C) applying for or enjoying employment; (D) 
     serving in a state court as a grand or petit juror; (E) 
     traveling in or using a facility of interstate commerce; and 
     (F) enjoying the goods or services of certain places of 
     public accommodation.
       Federal jurisdiction exists under 18 U.S.C. Sec. 245(b)(2) 
     only if a crime motivated by racial, ethnic, or religious 
     hatred has been committed with the intent to interfere with 
     the victim's participation in one or more of the six 
     federally protected activities. Even in the most blatant 
     cases of racial, ethnic, or religious violence, no federal 
     jurisdiction exists under this section unless the federally 
     protected activity requirement is satisfied. This requirement 
     has limited the ability of federal law enforcement officials 
     to work with state and local officials in the investigation 
     and prosecution of many incidents of brutal, hate-motivated 
     violence and has led to acquittals in several cases in which 
     the Department of Justice has found a need to assert federal 
     jurisdiction.
       The most important benefit of concurrent state and federal 
     criminal jurisdiction is the ability of state and federal law 
     enforcement officials to work together as partners in the 
     investigation and prosecution of serious hate crimes. When 
     federal jurisdiction has existed in the limited contexts 
     authorized by 18 U.S.C. Sec. 245(b)(2), the federal 
     government's resources, forensic expertise, and experience in 
     the identification and proof of hate-based motivations often 
     have provided a valuable investigative assistance to local 
     investigators. By working cooperatively, state and federal 
     law enforcement officials have the best chance of bringing 
     the perpetrators of hate crimes swiftly to justice.
       The work of the National Church Arson Task Force is a 
     useful precedent. Created in 1996 to address the rash of 
     church arsons across the country, the Task Force's federal 
     prosecutors and investigators from ATF and the FBI have 
     collaborated with state and local officials in the 
     investigation of every church arson since then. The results 
     of these state-federal partnerships have been impressive. 
     Thirty-four percent of the joint state-federal church arson 
     investigations conducted by the Task Force resulted in 
     arrests of one or more suspects on state or federal charges. 
     This arrest rate is more than double the normal 16 percent 
     arrest rate in all arson cases nationwide, most of which are 
     investigated by local officials without federal assistance. 
     More than 80 percent of the suspects in joint state-federal 
     church arson investigations by the Task Force have been 
     prosecuted in state court under state law.
     2. Violent hate crimes based on sexual orientation, gender, 
         or disability
       Current federal law does not prohibit hate crimes based on 
     the victim's sexual orientation, gender, or disability.

                         a. Sexual Orientation

       Statistics gathered by the federal government and private 
     organizations indicate that a significant number of hate 
     crimes based on the sexual orientation of the victim are 
     committed every year in the United States. Data collected by 
     the FBI pursuant to the Hate Crimes Statistics Act indicate 
     that 1,102 bias incidents based on the sexual orientation of 
     the victim were reported to local law enforcement agencies in 
     1997; that 1,256 such incidents were reported in 1996; and 
     1,019 and 677 such incidents were reported in 1995 and 1994, 
     respectively. The National Coalition of Anti-Violence 
     Programs (NCAVP), a private organization that tracks bias 
     incidents based on sexual orientation, reported 2,445 such 
     incidents in 1997; 2,529 in 1996; 2,395 in 1995; and 2,064 in 
     1994.
       Even the higher statistics reported by NCAVP may 
     significantly understate the number of hate crimes based on 
     sexual orientation actually committed in this country. Many 
     victims of anti-lesbian and anti-gay incidents do not report 
     the crimes to local law enforcement officials because they 
     fear a hostile response or mistreatment. According to the 
     NCAVP survey, 12% of those who reported hate crimes based on 
     sexual orientation to the police in 1996 stated that the 
     police response was verbally or physically abusive.

                               b. Gender

       Although acts of violence committed against women 
     traditionally have been viewed as ``personal attacks'' rather 
     than as hate crimes, a significant number of women are 
     exposed to terror, brutality, serious injury, and even death 
     because of their gender. In the enactment of the Violence 
     Against Women Act (VAWA) in 1994, Congress recognized that 
     some violent assaults committed against women are bias crimes 
     rather than mere ``random'' attacks. The Senate Report on 
     VAWA, which created a federal civil cause of action for 
     victims of gender-based hate crimes, stated: ``The Violence 
     Against Women Act aims to consider gender-motivated bias 
     crimes as seriously as other bias crimes. Whether the attack 
     is motivated by racial bias, ethnic bias, or gender bias, the 
     results are often the same. The victims are reduced to 
     symbols of hatred; they are chosen not because of who they 
     are as individuals but because of their class status. The 
     violence not only wounds physically, it degrades and 
     terrorizes, instilling fear and inhibiting the lives of all 
     those similarly situated. `Placing this violence in the 
     context of the civil rights laws recognizes it for what it 
     is--a hate crime.' '' Senate Repot No. 103-138 (1993) 
     (quoting testimony of Prof. Burt Neuborne.)
       The majority of states do not specifically prohibit gender-
     based hate crimes. All 50 states have statutes prohibiting 
     rape and other crimes typically committed against women, but 
     only 17 states have hate crimes statutes that include gender 
     among the categories of prohibited bias motives.
       The federal government should have jurisdiction to work 
     with state and local law enforcement officials in the 
     investigation of violent gender-based hate crimes and, where 
     appropriate in rare circumstances, to bring federal 
     prosecutions to vindicate the strong federal interest in 
     combating the serious gender-based hate crimes of violence.
       Enactment of the Hate Crimes Prevention Act will not result 
     in the federalization of all rapes, other sexual assaults, or 
     acts of domestic violence. The intent is to ensure that the 
     federal government's investigations and prosecutions of 
     gender-based hate crimes will be strictly limited to the most 
     flagrant cases.

                             c. Disability

       Congress has shown a consistent commitment over the past 
     decade to the protection of persons with disabilities from 
     discrimination. In amendments to the Fair Housing Act in 
     1988, and the Americans With Disabilities Act in 1990, 
     Congress extended protections to persons with disabilities in 
     many traditional civil rights contexts.
       The Hate Crimes Prevention Act is a measured response to a 
     critical problem facing the Nation. It will make the federal 
     government a full partner in the battle against hate crimes. 
     In recognition of State and local efforts, the Act also 
     provides grants to states and local governments to combat 
     hate crimes, including programs to train local law 
     enforcement officers in investigating, prosecuting and 
     preventing hate crimes.

 Mr. WYDEN. Mr. President, the legislation I am proud to be a 
principal cosponsor of again today is a referendum on whether Congress 
will tolerate acts born out of prejudice. Every hate-filled attack, 
whether the target is a young gay man in Alabama or Wyoming or an 
African American man in Jasper, Texas, is an attack on all Americans. 
We must not allow such acts to stain our national greatness.
  Our nation is committed to the ideal that all men and women are 
created equal, and protected equally in the eyes of the law. But some 
people aren't getting the message. It is high time to drive that 
message home.
  The 1999 Hate Crimes Prevention Act will put bigots and racists on 
notice: hate and bigotry will not be tolerated in America.
  This bill will close the loopholes in the current hate crimes laws. 
Right now, there's a patchwork of hate crimes laws in states across the 
country. This bill will provide a unified, Federal approach in how to 
deal with these despicable crimes.
  It puts an end to the double standard where Federal authorities can 
help states and localities prosecute crimes motivated by ethnicity, 
religion, race, and color, but not those motivated by gender, 
disability, or sexual orientation. This bill would finally extend 
federal hate crime laws to cover attacks against women, gays and 
lesbians, people with disabilities.
  It also removes the current straightjacket on local law enforcement 
seeking Federal help to prosecute hate crimes. Current law targets hate 
crimes that are committed against victims who are performing a 
federally protected act, like voting, or eating in a restaurant. But a 
hate crime is a hate crime, regardless of what the victims are doing 
when they're attacked.
  With this legislation, we could prosecute under Federal law the thugs 
who murdered James Byrd, Matthew Shepard, and Billy Jack Gaither, as 
well as other victims.
  No one is suggesting that the Federal government should override 
local law enforcement authorities. This bill will complement, not 
supplant, the work of local law enforcement in investigating and 
prosecuting hate crimes. It gives these local authorities more tools in 
prosecuting these crimes. If they need assistance in prosecuting a hate 
crime, then Federal authorities would be available to assist them--to 
make sure that justice is served.
  Of course, no legislation can ever make up for the loss of any victim 
of a hate crime. But we can honor their memories by doing our best to 
make

[[Page S2733]]

sure that crimes like these never happen again.
  Mr. LEAHY. Mr. President, I again urge prompt consideration and 
passage of Hate Crimes Prevention Act. I cosponsored this measure in 
the last Congress and do so again this year. This bill would amend the 
federal hate crimes statute to make it easier for federal law 
enforcement officials to investigate and prosecute cases of racial and 
religious violence. It would also focus the attention and resources of 
the federal government on the problem of hate crimes committed against 
people because of their sexual preference, gender, or disability.
  As the Ranking Member of the Judiciary Committee, I look forward to 
working on hearings next month on this important initiative. Violent 
crime motivated by prejudice demands attention from all of us. It is 
not a new problem, but recent incidents of hate crimes have shocked the 
American conscience. The beating death of Matthew Shepard in Wyoming 
was one of those crimes; the dragging death of James Byrd in Texas was 
another. The recent murder of Billy Jack Gaither in Alabama appears to 
be yet another. These are sensational crimes, the ones that focus 
public attention. But there is a toll we are paying each year in other 
hate crimes that find less notoriety, but with no less suffering for 
the victims and their families.
  It remains painfully clear that we as a nation still have serious 
work to do in protecting all Americans and ensuring equal rights for 
all our citizens. The answer to hate and bigotry must ultimately be 
found in increased respect and tolerance. But strengthening our federal 
hate crimes legislation is a step in the right direction. Bigotry and 
hatred are corrosive elements in any society, but especially in a 
country as diverse and open as ours. We need to make clear that a 
bigoted attack on one or some of us diminishes each of us, and it 
diminishes our nation. As a nation, we must say loudly and clearly that 
we will defend ourselves against such violence.
  All Americans have the right to live, travel and gather where they 
choose. In the past we have responded as a nation to deter and to 
punish violent denials of civil rights. We have enacted federal laws to 
protect the civil rights of all of our citizens for more than 100 
years. This continues that great and honorable tradition.
  Several of us come to this issue with backgrounds in local law 
enforcement. We support local law enforcement and work for initiatives 
that assist law enforcement. It is in that vein that I support the Hate 
Crimes Prevention Act, which has received strong bipartisan support 
from state and local law enforcement organizations across the country.
  When the Committee takes up the issue of hate crimes next month, one 
of the questions that must be addressed is whether the bill as drafted 
is sufficiently respectful of state and local law enforcement 
interests. I welcome such questions and believe that Congress should 
think carefully before federalizing prohibitions that already exist at 
the state level.
  To my mind, there is nothing questionable about the notion that hate 
crimes warrant federal attention. As evidenced by the national outrage 
at the Byrd, Shepard, and Gaither murders, hate crimes have a broader 
and more injurious impact on our national society than ordinary street 
crimes. The 1991 murder in the Crown Heights section of Brooklyn, New 
York, of an Hasidic Jew, Yankel Rosenbaum, by a youth later tried 
federally for violation of the hate crime law, showed that hate crimes 
may lead to civil unrest and even riots. This heightens the federal 
interest in such cases, warranting enhanced federal penalties, 
particularly if the state declines the case or does not adequately 
investigate or prosecute it.
  Beyond this, hate crimes may be committed by multiple offenders who 
belong to hate groups that operate across state lines. Criminal 
activity with substantial multi-state or international aspects raises 
federal interests and warrants federal enforcement attention.
  Current law already provides some measure of protection against 
excessive federalization by requiring the Attorney General to certify 
all prosecutions under the hate crimes statute as being ``in the public 
interest and necessary to secure substantial justice.'' We should be 
confident that this provision is sufficient to ensure restraint at the 
federal level under the broader hate crimes legislation that we 
introduce today. I look forward to examining that issue and considering 
ways to guard against unwarranted federal intrusions under this 
legislation. In the end, we should work on a bipartisan basis to ensure 
that the Hate Crimes Prevention Act operates as intended, strengthening 
federal jurisdiction over hate crimes as a back-up, but not a 
substitute, for state and local law enforcement.
                                 ______