[Congressional Record Volume 149, Number 64 (Thursday, May 1, 2003)]
[Senate]
[Pages S5652-S5655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY (for himself, Mr. Specter, Mr. Daschle, Mr. Smith, 
        Mr. Leahy, Ms. Collins, Mr. Lieberman, Ms. Snowe, Mr. Wyden, 
        Mr. Jeffords, Mr. Schumer, Mr. Chafee, Mr. Akaka, Mr. Ensign, 
        Mr. Bayh, Mr. Biden, Mr. Bingaman, Mrs. Boxer, Mr. Breaux, Ms. 
        Cantwell, Mr. Carper, Mrs. Clinton, Mr. Corzine, Mr. Dayton, 
        Mr. Dodd, Mr. Dorgan, Mr. Durbin, Mr. Edwards, Mrs. Feinstein, 
        Mr. Graham of Florida, Mr. Harkin, Mr. Inouye, Mr. Johnson, Mr. 
        Kerry, Ms. Landrieu, Mr. Levin, Mrs. Lincoln, Ms. Mikulski, Mr. 
        Miller, Mrs. Murray, Mr. Nelson of Nebraska, Mr. Nelson of 
        Florida, Mr. Reed, Mr. Reid, Mr. Rockefeller, Mr. Sarbanes, Ms. 
        Stabenow, Mr. Lautenberg, and Mr. Pryor):
  S. 966. A bill to provide Federal assistance to States and local 
jurisdictions to prosecute hate crimes; to the Committee on the 
Judiciary.
  Mr. KENNEDY. Mr. President, it's a privilege to join my colleagues in 
introducing this legislation to combat hate crimes. Hate crimes are a 
violation of all our country stands for. They send the poisonous 
message that some Americans deserve to be victimized solely because of 
who they are. Like acts of terrorism, hate crimes have an impact far 
greater than the impact on the individual victims. They are crimes 
against entire communities, against the whole Nation, and against the 
fundamental ideals on which America was founded. As Attorney General 
Ashcroft has said, ``Criminal acts of hate run counter to what is best 
in America--our belief in equality and freedom.''
  Although there was a significant overall reduction in violent crimes 
during the 1990s, the number of hate crimes continued to grow. 
According to the Federal Bureau of Investigation, 9,730 hate crimes 
were reported in the United States in 2001. That is over 26 hate crimes 
a day, every day. More than 83,000 hate crimes have been reported since 
1991.
  The need for an effective national response is as compelling as it 
has ever been. Hate crimes against Arabs and Muslims rose dramatically 
in the weeks following the September 11 terrorist attacks. These hate 
crimes included murder, beatings, arson, attacks on mosques, shootings, 
and other assaults. In 2001, anti-Islamic incidents were the second 
highest-reported type of hate crimes based on religion--second only to 
anti-Jewish hate crimes.

[[Page S5653]]

Los Angeles and Chicago reported a massive increase in the number of 
anti-Arab and anti-Muslim crimes after 9/11.
  Hate crimes based on sexual orientation continue to be a serious 
danger, constituting 14 percent of all hate crimes reported.
  Each person's life is valuable, and even one life lost is too many. 
It is not the frequency of hate crimes alone that makes these acts of 
violence so serious. It is the terror and intimidation they inflict on 
the victims, their families, their communities, and, in some cases, the 
entire Nation.
  Congress cannot sit silent while this hatred spreads. It is long past 
time for us to do more to end hate-motivated violence. The Local Law 
Enforcement Enhancement Act will strengthen the ability of Federal, 
State and local governments to investigate and prosecute these vicious 
and senseless crimes. Our legislation is supported by over 175 law 
enforcement, civil rights, civic, and religious organizations.
  The current Federal law on hate crimes was passed soon after the 
assassination of Dr. Martin Luther King Jr. Today, however, it is a 
generation out of date. It has two significant deficiencies. It does 
not cover hate crimes based on sexual orientation, gender, or 
disability. And even in cases of hate crimes based on race, religion, 
or ethnic background, it contains excessive restrictions requiring 
proof that the victims were attacked because they were engaged in 
certain ``federally protected activities.''
  Our bill is designed to close these substantial loopholes. It has six 
principal provisions: 1. It removes the ``federally protected 
activity'' barrier. 2. It adds sexual orientation, gender and 
disability to the existing categories of race, color, religion, and 
national origin. 3. It protects State interests with a strict 
certification procedure that requires the Federal Government to consult 
with local officials before bringing a Federal case. 4. It offers 
federal assistance to State and local law enforcement officials to 
investigate and prosecute heated crimes in any of the federal 
categories. 5. It offers training grants for local law enforcement. 6. 
It amends the Federal Hate Crime Statistics Act to add gender to the 
existing categories of race, religion, ethnic background, sexual 
orientation, and disability.
  These much needed changes in current law will help ensure that the 
Department of Justice has what it needs to combat the growing problem 
of hate-motivated violence more effectively.
  Nothing in the bill prohibits or punishes speech, expression, or 
association in any way--even ``hate speech.'' It addresses only violent 
actions that result in death or injury. The Supreme Court has ruled 
repeatedly--and as recently as this year, in the cross-burning decision 
Virginia v. Black--that a hate crimes statute that considers bias 
motivation directly connected to a defendant's criminal conduct does 
not violate the First Amendment. No one has a First Amendment right to 
commit a crime.
  A strong Federal role in prosecuting hate crimes is essential, 
because crimes have an impact far greater than their impact on 
individual victims. Nevertheless, our bill fully respects the primary 
role of state and local law enforcement in responding to violent crime. 
The vast majority of hate crimes will continue to be prosecuted at the 
state and local level. The bill authorizes the Justice Department to 
assist State and local authorities in hate crimes cases, but it 
authorizes Federal prosecutions only when a state does not have 
jurisdiction, or when it asks the Federal Government to take 
jurisdiction, or when it fails to act against hate-motivated violence. 
In other words, the bill establishes an appropriate back-up for State 
and local law enforcement, to deal with hate crimes in cases where 
states request assistance, or cases that would not otherwise be 
effectively investigated and prosecuted.
  Working cooperatively, State, local and Federal law enforcement 
officials have the best chance to bring the perpetrators of hate crimes 
to justice. Federal resources and expertise in the identification and 
proof of hate crimes can provide invaluable assistance to state and 
local authorities without undermining the traditional role of states in 
prosecuting crimes. As Attorney General Ashcroft has said of current 
law, ``Cooperation between federal agents and local law enforcement 
officers and between Justice Department prosecutors and local 
prosecutors has been outstanding.'' And it will continue to be so, and 
be even more effective, when this legislation is enacted into law.
  Now is the time for Congress to speak with one voice and insist that 
all Americans will be guaranteed the equal protection of the laws. Now 
is the time to make combating hate crimes a high national priority. The 
Local Law Enforcement Enhancement Act is a needed response to a serious 
problem that continues to plague the nation, and I urge the Senate to 
support it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 966

       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 ``Local Law Enforcement 
     Enhancement Act of 2003''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The incidence of violence motivated by the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, 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) 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. These authorities can carry out 
     their responsibilities more effectively with greater Federal 
     assistance.
       (4) Existing Federal law is inadequate to address this 
     problem.
       (5) The prominent characteristic of a violent crime 
     motivated by bias is that it devastates not just the actual 
     victim and the family and friends of the victim, but 
     frequently savages the community sharing the traits that 
     caused the victim to be selected.
       (6) Such violence substantially 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
       (B) by preventing members of targeted groups from 
     purchasing goods and services, obtaining or sustaining 
     employment, or participating in other commercial activity.
       (7) Perpetrators cross State lines to commit such violence.
       (8) Channels, facilities, and instrumentalities of 
     interstate commerce are used to facilitate the commission of 
     such violence.
       (9) Such violence is committed using articles that have 
     traveled in interstate commerce.
       (10) For generations, the institutions of slavery and 
     involuntary servitude were defined by the race, color, and 
     ancestry of those held in bondage. Slavery and involuntary 
     servitude were enforced, both prior to and after the adoption 
     of the 13th amendment to the Constitution of the United 
     States, through widespread public and private violence 
     directed at persons because of their race, color, or 
     ancestry, or perceived race, color, or ancestry. Accordingly, 
     eliminating racially motivated violence is an important means 
     of eliminating, to the extent possible, the badges, 
     incidents, and relics of slavery and involuntary servitude.
       (11) Both at the time when the 13th, 14th, and 15th 
     amendments to the Constitution of the United States were 
     adopted, and continuing to date, members of certain religious 
     and national origin groups were and are perceived to be 
     distinct ``races''. Thus, in order to eliminate, to the 
     extent possible, the badges, incidents, and relics of 
     slavery, it is necessary to prohibit assaults on the basis of 
     real or perceived religions or national origins, at least to 
     the extent such religions or national origins were regarded 
     as races at the time of the adoption of the 13th, 14th, and 
     15th amendments to the Constitution of the United States.
       (12) 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.
       (13) The problem of crimes motivated by bias 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. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS 
                   BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.

       (a) Assistance Other Than Financial Assistance.--

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       (1) In general.--At the request of a law enforcement 
     official of a State or Indian tribe, the Attorney General may 
     provide technical, forensic, prosecutorial, or any other form 
     of assistance in the criminal investigation or prosecution of 
     any crime that--
       (A) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (B) constitutes a felony under the laws of the State or 
     Indian tribe; and
       (C) is motivated by prejudice based on the race, color, 
     religion, national origin, gender, sexual orientation, or 
     disability of the victim, or is a violation of the hate crime 
     laws of the State or Indian tribe.
       (2) Priority.--In providing assistance under paragraph (1), 
     the Attorney General shall give priority to crimes committed 
     by offenders who have committed crimes in more than 1 State 
     and to rural jurisdictions that have difficulty covering the 
     extraordinary expenses relating to the investigation or 
     prosecution of the crime.
       (b) Grants.--
       (1) In general.--The Attorney General may award grants to 
     assist State, local, and Indian law enforcement officials 
     with the extraordinary expenses associated with the 
     investigation and prosecution of hate crimes.
       (2) Office of justice programs.--In implementing the grant 
     program, the Office of Justice Programs shall work closely 
     with the funded jurisdictions to ensure that the concerns and 
     needs of all affected parties, including community groups and 
     schools, colleges, and universities, are addressed through 
     the local infrastructure developed under the grants.
       (3)  Application.--
       (A) In general.--Each State that desires a grant under this 
     subsection shall submit an application to the Attorney 
     General at such time, in such manner, and accompanied by or 
     containing such information as the Attorney General shall 
     reasonably require.
       (B) Date for submission.--Applications submitted pursuant 
     to subparagraph (A) shall be submitted during the 60-day 
     period beginning on a date that the Attorney General shall 
     prescribe.
       (C) Requirements.--A State or political subdivision of a 
     State or tribal official applying for assistance under this 
     subsection shall--
       (i) describe the extraordinary purposes for which the grant 
     is needed;
       (ii) certify that the State, political subdivision, or 
     Indian tribe lacks the resources necessary to investigate or 
     prosecute the hate crime;
       (iii) demonstrate that, in developing a plan to implement 
     the grant, the State, political subdivision, or tribal 
     official has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of hate crimes; and
       (iv) certify that any Federal funds received under this 
     subsection will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this subsection.
       (4) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 30 business days after the date on 
     which the Attorney General receives the application.
       (5) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single jurisdiction within a 1 year 
     period.
       (6) Report.--Not later than December 31, 2004, the Attorney 
     General shall submit to Congress a report describing the 
     applications submitted for grants under this subsection, the 
     award of such grants, and the purposes for which the grant 
     amounts were expended.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2004 and 2005.

     SEC. 5. GRANT PROGRAM.

       (a) Authority To Make Grants.--The Office of Justice 
     Programs of the Department of Justice shall award 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 identifying, 
     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. 6. 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 2004, 2005, and 
     2006 such sums as are necessary to increase the number of 
     personnel to prevent and respond to alleged violations of 
     section 249 of title 18, United States Code, as added by 
     section 7.

     SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS.

       (a) In General.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

       ``(a) In General.--
       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--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 or incendiary 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, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, or disability.--
       ``(A) In general.--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 or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, or disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or

       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, explosive 
     or incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(b) Certification Requirement.--No prosecution of any 
     offense described in this subsection may be undertaken by the 
     United States, except under the certification in writing 
     of the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or any Assistant Attorney 
     General specially designated by the Attorney General 
     that--
       ``(1) he or she has reasonable cause to believe that the 
     actual or perceived race, color, religion, national origin, 
     gender, sexual orientation, or disability of any person was a 
     motivating factor underlying the alleged conduct of the 
     defendant; and
       ``(2) he or his designee or she or her designee has 
     consulted with State or local law enforcement officials 
     regarding the prosecution and determined that--
       ``(A) the State does not have jurisdiction or does not 
     intend to exercise jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction; or
       ``(D) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given the term in section 232 of this title; and
       ``(2) the term `firearm' has the meaning given the term in 
     section 921(a) of this title.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.

     SEC. 8. DUTIES OF FEDERAL SENTENCING COMMISSION.

       (a) Amendment of Federal Sentencing Guidelines.--Pursuant 
     to the authority provided 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.

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     SEC. 9. STATISTICS.

       Subsection (b)(1) of the first section of the Hate Crimes 
     Statistics Act (28 U.S.C. 534 note) is amended by inserting 
     ``gender,'' after ``race,''.

     SEC. 10. 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.
                                 ______