[Congressional Record Volume 155, Number 63 (Tuesday, April 28, 2009)]
[Senate]
[Pages S4808-S4812]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for Mr. Kennedy (for himself, Mr. Leahy, Ms. Snowe, 
        Ms. Collins,  Mr. Specter, Mr. Schumer, Mr. Durbin, Mrs. 
        Feinstein, Mr. Levin, Ms. Mikulski, Mr. Whitehouse, Mr. Cardin, 
        Ms. Klobuchar, Mr. Lieberman, Mrs. Gillibrand, Mr. Merkley, Mr. 
        Reed, Mr. Nelson, of Florida, Mr. Kerry, Mr. Bingaman, Mr. 
        Dodd, Mr. Bayh, Mr. Udall of Colorado, Mrs. Shaheen, Mr. 
        Harkin, Mr. Brown, Mrs. Murray, Mr. Casey, Mr. Johnson, Mr. 
        Lautenberg, Mr. Nelson of Nebraska, Ms. Landrieu, Ms. Cantwell, 
        and Mr. Akaka)):
  S. 909. A bill to provide Federal assistance to States, local 
jurisdictions, and Indian tribes to prosecute hate crimes, and for 
other purposes; to the Committee on the Judiciary.
  Mr. KENNEDY. Mr. President, hate crimes harm innocent victims, 
terrorize entire communities, and threaten the very fabric of our 
nation. They send a poisonous message that some Americans deserve to be 
victimized solely because of who they are or who they are perceived to 
be. Hate crimes offend the fundamental ideals on which Nation was 
founded. They can not be tolerated in any free society, and it is long 
past time to enact legislation to correct the deficiencies in the 
current federal hate crimes statute.
  For far too long, law enforcement has been forced to investigate hate 
crimes with one hand tied behind its back. Now is the time to change 
this. This bill strengthens the Federal Government's ability to 
investigate and prosecute hate crimes. It removes the excessive 
restrictions currently existing in federal law. It offers Federal 
assistance for investigating and prosecuting hate crimes to State and 
local law enforcement. It provides training grants for local law 
enforcement to combat hate crimes committed by juveniles.
  The first Federal hate crimes statute was passed over 40 years ago in 
1968, soon after the assassination of Dr. Martin Luther King, Jr. It 
authorized the Federal Government to investigate and prosecute crimes 
committed against individuals because of their race, color, religion, 
or national origin. The original statute was a major advance in the 
march of progress, but it is now a generation out of date.
  The time has come to stand up for all victims of hate crimes--victims 
like Matthew Shepard, for whom this bill is named. Matthew died a 
horrible death in 1998 at the hands of two men who singled him out 
because of his sexual orientation. Since Matthew's murder, his mother 
has worked courageously to make sure that we never forget the suffering 
that her son endured, and to remind Congress that it has a 
responsibility to protect individuals like her son. Yet today, more 
than 10 years after Matthew's death--10 years--we still have not 
modernized our hate crimes laws. How long are we going to wait?
  The bill we are introducing today expands the current hate crimes 
statute

[[Page S4809]]

and gives Federal, State, local, and tribal authorities greater ability 
to investigate and prosecute hate crimes effectively. The bill closes 
flagrant loopholes in the current statute that prevent or undermine the 
prosecution of the individuals who commit these vicious crimes.
  This bill broadens the original Federal hate crimes statute by 
prohibiting crimes based on a victim's actual or perceived sexual 
orientation, gender, gender identity, or disability.
  According to FBI statistics, hate crimes based on sexual orientation 
make up approximately 17 percent of all hate crimes. Considering that 
gays and lesbians make up approximately 3 percent of the population, 
the FBI statistics suggest that gays and lesbians are victimized at a 
rate approximately 6 times higher than that of the average American. 
Research suggests that hate-motivated violence against gay, lesbian, 
bisexual, and transgender citizens is particularly extreme. As these 
statistics and the research make clear, hate crimes are a very real 
danger to gay, lesbian, bisexual, and transgender citizens. We must 
act--without further delay--to correct these unacceptable deficiencies 
in current law and protect all citizens from these brutal crimes.
  Our bill also increases the Federal Government's ability to prosecute 
hate crimes. It removes the prerequisite that a victim be engaged in a 
``federally protected activity'' before the Federal Government can 
prosecute an offender under the statute. This restrictive provision is 
outdated, unwise, and unnecessary, particularly when one considers the 
unjust outcomes that can result from limiting prosecution to offenders 
to target victims participating in one or more of the following 6 
narrow categories of federally protected activity: attending or 
enrolling in a public school or public college; participating in a 
benefit, service, privilege, program, facility or activity administered 
by a state or local government; applying for or working in private or 
state employment; serving as a juror in a state court; using a facility 
of interstate commerce or a common carrier; or enjoying public 
accommodations or places of exhibition or entertainment. We know that 
individuals may be victimized while engaging in activities that are not 
included in this list of activities--they could be victims while 
engaging in routine activities, going about their normal day. Americans 
should be protected from hate crimes in everything they do. There 
should be no distinction between hate crimes occurring while a victim 
is engaged in a routine activity or one of the six specified federally 
protected activities described above.
  This bill corrects a gap in the current hate crimes statute that 
limits prosecution to offenders who interfere with a victim's 
participation in certain federally protected activities. In June 2003, 
six Latino teenagers went to a family restaurant on Long Island. The 
teenagers knew one another from involvement in community activities and 
have come together to celebrate a birthday. As the group entered the 
restaurant, three men who were leaving the bar assaulted the teenagers, 
pummeling one boy and severing a tendon in his hand with a sharp 
weapon. During the attack, the men yelled racial slurs and one 
identified himself as a skinhead. Two of the men were tried under the 
current Federal hate crimes law and were acquitted. The jurors said 
they acquitted the offenders because the Government failed to prove 
that using a restaurant was a federally protected activity. The result 
in this case is just one example of the inadequate protections provided 
under current law. The bill we introduce today will eliminate the 
federally protected activity requirement and give jurors greater 
ability to convict all perpetrators of hate crimes.

  The bill modernizes the Federal Government's ability to prosecute 
hate crimes, but it fully respects the primary role of state, local, 
and tribal law enforcement authorities in responding to hate crimes in 
their jurisdictions. The bill protects these local interests with a 
strict certification process, which requires the Federal Government to 
consult with state and local officials before prosecuting a Federal 
case. In accord with certification, it is our belief that the vast 
majority of hate crimes will continue to be prosecuted at the State and 
local level.
  In addition, our bill authorizes the Justice Department to increase 
the number of Department personnel to prevent and respond to hate 
crimes. This increase will enable Federal authorities to develop the 
manpower necessary to act effectively to prevent and respond to hate 
crimes.
  The bill also authorizes the Justice Department to provide needed 
investigative resources to state and local law enforcement during these 
challenging economic times. This expansion of federal assistance is 
meant to supplement, not supplant, the efforts of state and local law 
enforcement authorities, so that hate crimes can be effectively 
investigated and prosecuted in the future.
  Hate crimes investigations tend to be expensive, requiring 
considerable law enforcement effort, and extensive use of grand juries. 
The bill expands the Justice Department's opportunity to provide 
support for these expenses. It authorizes the Attorney General to offer 
grants of up to $100,000 to help state, local, and tribal law 
enforcement officials manage the high costs of investigating and 
prosecuting hate crimes. It also authorizes the Justice Department to 
award grants to State, local, and tribal authorities for programs that 
combat hate crimes committed by juveniles, including programs designed 
to train local law enforcement officers in identifying, investigating, 
prosecuting and preventing hate crimes. These measures will help ensure 
that state and local authorities have the resources necessary to 
successfully combat and prosecute hate crimes.
  Collecting data on hate crimes is important for analyzing crime 
trends and tailoring effective criminal policy. Our bill increases the 
Federal Government's ability to monitor hate crimes by requiring the 
FBI to increase the statistics it collects about such crimes. 
Currently, the FBI collects hate crimes data on race, religion, sexual 
orientation, ethnic background, and disability. Our bill requires the 
FBI to collect new statistics on hate crimes based on an individual's 
gender or gender-identity, and hate crimes committed by juveniles. By 
increasing the amount of data collected by the FBI, we will be able to 
better understand the gravity of the hate crimes committed in our 
communities.
  Hate crimes are a festering problem, causing terror in neighborhoods 
across America. According to the most recent statistics released by the 
FBI, there were at least 9,527 victims of hate-motivated crimes in 
2007. Based on that number, an average of 26 victims per day were 
terrorized as a consequence of their race, religion, sexual 
orientation, ethnic background, or disability. The FBI's statistics 
reveal that race-related hate crimes are the most common type of hate 
crimes, comprising approximately 50 percent of all hate crimes reported 
to the FBI. That said, crimes based on religion, sexual orientation, 
and ethnic background occur with alarming frequency as well.
  These hate crimes statistics are disturbing, but they represent only 
the tip of the iceberg of hate crimes occurring in America. The 
Southern Poverty Law Center, the Human Rights Campaign, and the US 
Bureau of Justice Statistics agree that the FBI's hate crimes numbers 
do not reflect the actual number of hate crimes occurring in our 
communities each year. The Southern Poverty Law Center estimates that 
the annual number of hate crimes committed in the U.S. is close to 
50,000. In addition, the Human Rights Campaign states that a hate crime 
occurs every 6 hours. Survey data from the Bureau of Justice 
Statistics' biannual National Crime Victimization Survey estimates that 
an average of 191,000 hate crime victimizations take place each year. 
Based on this survey, over 540 people are victimized each day, based on 
their race, religion, sexual orientation, ethnic background, or 
disability--more than 22 victims per hour. These statistics are not 
just shocking--they are shameful. It is time for Congress to 
specifically address the serious problem of hate crimes in America.
  In addition to the legal impact of this bill, its symbolic impact is 
equally important. This bill emphasizes the devastatingly unique nature 
of hate crimes. It says we recognize that hate crimes provide 
aggressors with the means to attack an entire community

[[Page S4810]]

through a single act of violence, and send a message of fear that 
vastly transcends the immediate crime and its victim. It shows we 
understand that hate crime offenders should be prosecuted for 
committing a crime against an entire community. After so many years of 
inaction, we in Congress have an obligation to demonstrate that we 
understand how hate crimes affect our nation's communities.
  It takes only a brief survey of any major news outlet to find 
horrifying stories of hate crimes and the inability of law enforcement 
to prosecute offenders for their acts of hate. The 1999 murder of four 
women in Yosemite National Park graphically illustrates the need to 
include gender in our hate crimes statute. These four women were 
murdered by a man who admitted having fantasized about killing women 
for most of his life. These women lost their lives for one reason--
because they were women. We need to send a clear message that we will 
not accept such acts of hate. Without this bill, however, such a crime 
cannot be federally prosecuted as a hate crime.
  Gender identity must also be included in our definition of those 
characteristics protected by a hate crimes statute. Many are familiar 
with the story of Brandon Teena, who was raped and beaten in Humboldt, 
Nebraska in 1993 by two male friends after they discovered that he was 
living as a male but was anatomically female. The local sheriff refused 
to arrest the offenders, and they later shot and stabbed Brandon to 
death.

  A more recent, less well-known incident occurred when Fred C. 
Martinez Jr., a Navajo transgender youth, was murdered while walking 
home from a party. Fred was killed for one reason alone--because he was 
a transgender youth. By passing this bill, the Senate will send a 
strong message that hate crimes based on sexual identity are 
unacceptable and perpetrators of such crimes will face tough criminal 
penalties under Federal law.
  Hate crimes against disabled Americans are very disturbing and 
deserve protection at the Federal level as well. In October 2002, two 
deaf girls, one of whom was wheelchair bound due to cerebral palsy, 
were harassed and sexually assaulted by four suspected gang members in 
a local park. The girls were attacked because they were disabled and 
unable to defend themselves. Although the alleged perpetrators were 
prosecuted, the assaults could not be charged as hate crimes because no 
State or Federal protections for disability-based hate crimes existed 
in Federal or State law. This must change.
  These are only a few examples of the hate perpetrated against 
individuals in America based on their sexual orientation, gender, 
gender identity, and disability. We can no longer allow any of these 
communities to live in fear. Crimes based on an individual's sexual 
orientation, gender, gender identity, or disability must be prosecuted 
for what they are--crimes of hate.
  Individuals should not only be protected from hate crimes because of 
their actual characteristics; they must also be protected from hate 
crimes based on the inaccurate perceptions of others. Last year in 
Brooklyn, New York, Jose Sucuzhanay was walking arm in arm with his 
brother, Romel Sucuzhanay, after attending a church party. According to 
officials, about half a block from Jose's home, a black sports utility 
vehicle drove by and the two men in the vehicle began shouting what 
witnesses described as vulgarisms against Hispanics and gay men. The 
car stopped and one of the two men approached Jose and smashed a beer 
bottle over the back of his head. The other man then took an aluminum 
baseball bat from the rear of the vehicle and repeatedly struck Jose on 
his shoulder, ribs, and back. Once Jose fell to the ground, he received 
several full-forced, crushing blows to his head with the aluminum 
baseball bat. Jose, a father of two and local real estate agent, died 5 
days later because of the hate-motivated attack. He did not deserve to 
lose his life because he was perceived to be gay. That is why the bill 
we are introducing today criminalizes crimes based on the perceived 
characteristics of a victim.
  We also know that hate crimes covered by current Federal law--based 
on race, religion, national origin, and color--still occur and must be 
prosecuted. Following the 2008 presidential election, three men in New 
York went on a rampage attacking African-American residents of Staten 
Island in response to the historic election of President Barack Obama. 
The men attacked one 17-year-old African-American man with a metal pipe 
and collapsible baton. They attacked another African-American man by 
pushing him to the ground. They assaulted still another man, whom they 
mistakenly believed was African-American, by mowing him down with a car 
while yelling racial epithets at him. Clearly, this demonstrates that 
race-based violence is continuing at an unacceptable level, and we must 
act to help law enforcement more vigorously deal with hate crimes.
  Hate crimes legislation has the support of President Obama, a 
majority of Congress, 26 State Attorneys General, and a broad coalition 
of law enforcement, civic, religious, and civil rights groups. Recent 
history shows that Congress is ready to make hate crimes legislation 
into law. In 2007, the Senate voted 60 to 39 in support of a similar 
hate crimes bill. An equally powerful statement was made by the House 
when it voted 237 to 180 for the hate crimes bill introduced that year. 
As a Senator, President Obama voted to support hate crimes legislation. 
Now, as President, he has included the expansion of hate crimes in his 
civil rights agenda. The political will of our Nation is clear--it is 
time for this bill to become law.
  Over 300 law enforcement, civil rights, civic, and religious 
organizations have endorsed our bill, including the International 
Association of Chiefs of Police, the National District Attorneys 
Association, the National Sheriffs Association, the Police Executive 
Research Forum, the Leadership Conference on Civil Rights, the Anti-
Defamation League, the Human Rights Campaign, and the Interfaith 
Alliance. All these diverse groups have come together to say that now 
is the time for us to protect our fellow citizens from the brutality of 
hate-motivated violence. They strongly support this legislation because 
they know it is a balanced and sensible approach that will bring 
greater protection to our citizens, along with much-needed resources 
for local and State law enforcement fighting hate crimes.
  Passing this bill will send a message, loud and clear, that those who 
victimize individuals because of their race, color, religion, national 
origin, sexual orientation, gender, gender identity, or disability will 
go to prison. In addition, passing this bill will provide Federal, 
State, local, and tribal authorities with stronger means to prosecute 
crimes of hate. It has been over 10 years since Matthew Shepard was 
left to die on a fence in Wyoming because of who he was. It has also 
been 10 years since this bill was initially considered by Congress. In 
those 10 years, we have gained the political and public support that is 
needed to make this bill become law. Today, we have a President who is 
prepared to sign hate crimes legislation into law, and a Justice 
Department that is willing to enforce it. We must not delay the passage 
of this bill. Now is the time to stand up against hate-motivated 
violence and recognize the shameful damage it is doing to our Nation.
  Mr. LEAHY. Mr. President, this is National Crime Victims' Rights 
Week--a time when communities in Vermont and across the Nation 
recognize the needs of crime victims, and work together to promote 
victims' rights and services. There is no more important time than now 
to renew our commitment to address the needs of crime victims and their 
families.
  Today, I am pleased to join Senator Kennedy, Senator Collins, and 
more than 30 other Senators from both sides of the aisle to reintroduce 
the Matthew Shepard Hate Crimes Prevention Act of 2009. This is a 
bipartisan bill designed to combat crimes that have long terrorized 
communities and remain a serious problem in this country. This 
legislation is a matter of simple justice. It is past time for Congress 
to enact this bill and strengthen the Federal Government's role in 
preventing and punishing crimes motivated by hate.
  I commend Senator Kennedy for his leadership over the last decade in 
working to expand our Federal hate crimes law, and I am proud to once 
again be an original cosponsor of this legislation. A bipartisan 
majority of

[[Page S4811]]

the Members in the House of Representatives voted to pass this 
legislation in the last Congress. Unfortunately, there were partisan 
attempts to filibuster and prevent passage of the Senate bill. The 
measure was ultimately attached to the Department of Defense 
Authorization bill with the bipartisan support of 60 Senators. While I 
am disappointed that the hate crime provision was taken out of that 
bill at conference, I am hopeful that our efforts to enact this civil 
rights measure into law will be successful this year.
  Violent crimes motivated by prejudice and hate are tragedies that 
haunt American history. From the lynchings that plagued race relations 
for more than a century, to the well-publicized slayings of Matthew 
Shepard and James Byrd, Jr., in the 1990s, this is a story that we have 
heard too often in this country. Unfortunately, in my home state of 
Vermont, there have been two attacks in recent years that appear to 
have been motivated by the victims' religion or sexual orientation.
  Perhaps the most persuasive evidence that hate crimes are becoming 
more prevalent and more nationalized is a leaked copy of the Department 
of Homeland Security report on violent extremism in the United States. 
The report is nothing short of chilling.
  The DHS report found that ``the economic downturn and the election of 
the first African American president present unique drivers for 
rightwing radicalization and recruitment'' and these elements in turn 
have the potential to drive hate groups to carry out violence. It also 
found that anti-immigrant fervor by organized hate groups ``has the 
potential to turn violent.'' The DHS report concluded that the ``advent 
of the Internet'' has potentially made ``extremist individuals and 
groups more dangerous and the consequences of their violence more 
severe.''
  Of course, these findings comport with a recent Southern Poverty Law 
Center, SPLC, report on hate group activity in the United States 
entitled ``The Year in Hate.'' The SPLC repot found that activity by 
known domestic hate groups has increased by 50 percent since 2000, from 
602 hate groups in 2000, to 926 hate groups in 2008. The recent and 
rapid growth in hate group activity is simply astonishing.
  It remains painfully clear that as a Nation, we still have serious 
work to do in protecting all Americans from these crimes and in 
ensuring equal rights for all our citizens. While the answer to hate 
and bigotry must ultimately be found in increased tolerance, 
strengthening our Federal hate crimes laws is a step in the right 
direction.
  The Matthew Shepard Hate Crimes Prevention Act of 2009 improves 
existing law by making it easier for Federal authorities to investigate 
and prosecute crimes based on race, color, religion, and national 
origin. Victims will no longer have to engage in a narrow range of 
activities, such as serving as a juror, to be protected under Federal 
law. This bill also expands Federal protections to include the problem 
of hate crimes committed against people because of their sexual 
orientation, gender, gender identity, or disability, which is a key and 
long-overdue expansion of protection. Finally, this bill provides 
assistance and resources to state, local, and tribal law enforcement to 
address hate crimes.
  This bill strengthens Federal jurisdiction over hate crimes as a 
back-up, but not a substitute, for state and local law enforcement. 
States will still bear primary responsibility for prosecuting most hate 
crimes, which is important to me as a former state prosecutor. In a 
sign that this legislation respects the proper balance between Federal 
and local authority, it has received strong bipartisan support from 
state and local law enforcement organizations across the country.
  Moreover, this bill accomplishes the critically important goal of 
protecting all of our citizens without compromising our constitutional 
responsibilities. It is a tool for combating acts and threats of 
violence motivated by hatred and bigotry. But it does not target pure 
speech, however offensive or disagreeable. The Constitution does not 
permit us in Congress to prohibit the expression of an idea simply 
because we disagree with it. To paraphrase Justice Oliver Wendell 
Holmes, the Constitution protects not only freedom for the thought and 
expression we agree with, but freedom for the thought that we hate. I 
am devoted to that principle, and I am confident that this bill does 
not contradict it.
  We crafted this legislation after long and thoughtful consultation 
with many of the advocates who work so hard to promote civil rights and 
with Justice Department attorneys in the field who work on hate crimes 
prosecutions every day. It contains changes to Federal hate crime law 
that will improve the law's operation and implementation. I want to 
thank the Leadership Conference on Civil Rights, Human Rights First, 
and the more than 300 law enforcement, civil rights, religious, and 
other professional organizations for their assistance with and support 
for this legislation, and for their tireless work on behalf of hate 
crimes victims in the United States.
  The crimes targeted in this bill are particularly pernicious crimes 
that affect more than just their victims and those victims' families. 
They inspire fear in those who have no connection to the victim other 
than a shared characteristic such as race or sexual orientation. That 
is wrong. 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 nearly 150 years.
  The Matthew Shepard Hate Crimes Prevention Act continues that great 
and honorable tradition, and brings us one step closer towards ensuring 
an America that values tolerance and protects all of its people. I hope 
all Senators will support passing this important bipartisan bill this 
year.
  Mrs. FEINSTEIN. I wish today to support the Matthew Shepard Hate 
Crimes Prevention Act of 2009. I want to thank and commend my friend 
and colleague, Senator Kennedy, for his leadership and dedication on 
this important issue. It is long past time that we move to bring 
existing Federal hate crimes law into the 21st century.
  I have been an original cosponsor of the Hate Crimes Prevention Act 
since it was first introduced in the Senate over a decade ago.
  And I am proud to join today with my colleagues--Senators Kennedy, 
Leahy, Specter, Collins, Snowe, Schumer, Durbin, and others--to 
reintroduce this legislation, which will once and for all send a 
message: We will no longer turn a blind eye to hate crimes in this 
country.
  This legislation is a crucial step toward prosecuting crimes directed 
at thousands of individuals who are the targets of brutal and senseless 
violence.
  The current Federal hate crimes law simply does not go far enough. It 
covers only crimes motivated by bias on the basis of race, color, 
religion or national origin.
  This bill improves the current Federal hate crime law by including 
crimes motivated by gender, gender identity, sexual orientation, and 
disability.
  Specifically, the Matthew Shepard Crimes Prevention Act of 2009 
expands on the 1968 definition of a hate crime.
  Under current Federal law, hate crimes only cover attacks based on 
race, color, religion, and national origin.
  Under the proposed bill, hate crimes will include: gender, gender 
identity, sexual orientation, and disability.
  The bill enables States, local jurisdictions, and Indian tribes to 
apply for Federal grants in order to solve hate crimes and provides 
Federal agents with broader authority to aid State and local police.
  Additionally, the bill amends the Hate Crime Statistics Act to allow 
law enforcement agencies to gather additional data on violent crimes 
committed out of hate.
  The bill also includes a ``Rule of Construction'' to ensure that it 
does not intrude on first amendment protected rights to freedom of 
speech.
  I believe that it is time for Congress to expand the ability of the 
Federal Government to investigate and prosecute anyone who would target 
victims because of hate. In States that have already enacted hate 
crimes laws, the Federal Government must provide the resources to 
ensure that those crimes do not go unpunished. We can and must do more.
  Across the Nation, horrific instances of violence are occurring that 
this bill

[[Page S4812]]

would work to fight against. I would like to share just a few examples:
  In February 2008 in Oxnard, CA, Lawrence ``Larry'' King, a 15-year-
old boy was shot and killed by a fellow classmate at his junior high 
school. Larry, who had told his classmates he was gay, had long been 
harassed and bullied at school. The way he was treated is unacceptable, 
and his death was a tragic and poignant reminder of why it is so 
important to stop bullying and violence in our schools.
  In Laurel, DE, earlier this month, three teenagers were charged with 
robbing and assaulting a 31-year-old developmentally disabled man. The 
victim was walking home one Friday evening from his brother's house in 
the Laurel Village Mobile Home Park and was dragged into a wooden area, 
beaten, and robbed of his wallet and keys. The victim's mother later 
found him and took him to the hospital where he was treated for a 
concussion.
  Lastly, one of the most well-known cases in California happened in 
West Hollywood to actor Trev Broudy in 2002. The night of the attack, 
Trev Broudy was hugging a man on a street. Three men with a baseball 
bat savagely attacked the actor and left him in a coma for 
approximately 10 weeks. As a result of the attack, Trev suffered brain 
damage, lost half of his vision, and has experienced trouble hearing.
  The crimes are brutal. The attackers targeted their victims because 
of who they are. Yet, none of these crimes can be prosecuted as a 
Federal hate crime.
  These are not isolated instances.
  These crimes occur all too often.
  According to the latest FBI statistics, there were almost 7,700 hate 
crime incidents in the United States in 2007. Of those, 1,789 occurred 
in California, with 15 percent of those based on sexual orientation.
  Nationally, approximately 50.8 percent were motivated by racial bias, 
18 percent were motivated by religious bias, 17 percent were motivated 
by sexual orientation, and 13.2 percent were motivated by ethnicity or 
national origin bias. One percent involved a bias against a disability.
  Even more disturbing is the fact that these FBI statistics show only 
a fraction of the problem because so many hate crimes are unreported.
  The Southern Poverty Law Center, a nonprofit organization located in 
Montgomery, AL and internationally known for its tolerance education 
programs, estimates that the actual number of hate crimes committed in 
the United States each year is closer to 50,000 as opposed to the 
nearly 8,000 cases reported to the FBI.
  A close analysis of hate crimes rates demonstrates that groups that 
are now covered by current laws--such as African Americans, Muslims, 
and Jews, report similar rates of hate crimes victimizations as gays 
and lesbians--who are not currently protected.
  Every person's life is valuable. Congress must act to protect every 
individual who is targeted simply because of who they are.
  We must also stop the way that hate crimes terrorize communities. 
When people are targeted because of who they are, they often live in 
fear and communities suffer from tension and a lack of trust. These are 
crimes that damage our social fabric, and we must send a clear message 
that we cannot tolerate this kind of intimidation in the United States.
  This is not a new bill. It was first introduced in 1998. It has 
passed the Senate numerous times: in 2000, 2002, and 2004 as an 
amendment to the Department of Defense, Authorization bill. It has also 
passed the House in 2007 as a stand-alone bill and in 2006 as an 
amendment to the Adam Walsh Act. But still, it has not been enacted 
into law.
  In addition, last Congress, this body passed this legislation 
favorably as an amendment to the Defense authorization bill, but the 
amendment was removed from the final version of the bill that the 
President signed.
  This legislation is bipartisan and has broad coalition support. It is 
supported by 26 State attorneys general and over 300 law enforcement, 
professional, educational, civil rights, religious, and civic 
organizations.
  I hope that my colleagues will join me in supporting it and working 
to enact it into law in this Congress.
  Let us send a message to all Americans that we will not turn a blind 
eye to hate crimes and will instead support the values of tolerance and 
community that unite us as Americans.
                                 ______