[Congressional Record Volume 155, Number 157 (Tuesday, October 27, 2009)]
[Senate]
[Pages S10772-S10774]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       PASSAGE OF THE MATTHEW SHEPARD HATE CRIMES PREVENTION ACT

  Mr. LEAHY. Mr. President, tomorrow afternoon President Obama will 
sign the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act 
into law. I commend the President for acting so quickly on this 
critical civil rights measure. Its protections are long overdue. Last 
week, when the Senate was about to consider the Department of Defense 
authorization conference report, I spoke in strong support of its 
provisions including the hate crimes measure. At that time, I requested 
my entire statement be included in the Record. Unfortunately, my entire 
statement did not make it

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into the Congressional Record so I ask that it now be printed in full 
as it was prepared and offered at that time. I understand that this 
error will be corrected in the bound version of the Record, but I 
wanted my full statement to be immediately available for those 
following the specific details of how the language in the conference 
report differed from my hate crimes amendment that the Senate passed 
earlier this year.
  After more than a decade, Congress is finally set to pass the Matthew 
Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 as an 
amendment to the National Defense Authorization Act, and I expect the 
President to sign it promptly. I am proud that Congress has come 
together to show that violence against members of any group because of 
who they are will not be tolerated in this country.
  I thank Senator Collins for cosponsoring the amendment with me. I 
commend Senator Levin for working so hard to ensure that this provision 
would go forward as part of the conference report. I congratulate the 
Senate majority leader, Senator Reid, for his essential role in this 
matter. In the House of Representatives, Speaker Pelosi and Congressman 
Clyburn were similarly instrumental in this enactment.
  I also want to take this opportunity to remember Senator Ted Kennedy 
who provided steadfast leadership on this issue for more than a decade. 
I wish he could have been here to see this bill, about which he was so 
passionate, finally enacted. I am honored to be able to see it through 
to the finish for him. I know it meant a lot to him. We miss him but 
his good work goes on.
  Earlier this month was the 11th anniversary of the brutal murder of 
Matthew Shepard, a college student who was beaten and killed solely 
because of his sexual orientation. Matthew's parents have worked 
courageously and tirelessly for this legislation, which aims to ensure 
that this kind of despicable act will never be tolerated in this 
country. The bill was named for Matthew, as well as for James Byrd, 
Jr., a Black man who was killed in 1998 because of his race in another 
awful crime that galvanized the Nation against hateful violence. We 
appreciate and honor the important contributions of James Byrd's family 
as they have worked hard for this legislation.
  Unfortunately, the years since these two horrific crimes have made 
clear that hate crimes remain a serious and growing problem. Most 
recently, the shooting at the Holocaust Memorial Museum showed that 
these vicious crimes continue to haunt our country. This bipartisan 
legislation will help law enforcement respond more effectively to this 
problem.
  It is a testament to the importance of this legislation that the 
Attorney General of the United States came to the Judiciary Committee 
in June to testify in favor of it. We have been urged to pass this bill 
by State and local law enforcement organizations, and dozens of leaders 
in the faith and the civil rights communities. Michael Lieberman of the 
Anti-Defamation League and my friend, Janet Langhart Cohen, among 
others, also testified passionately in favor of this legislation before 
the Senate Judiciary Committee earlier this year. I also very much 
appreciate the support of Wade Henderson of the Leadership Conference 
on Civil Rights and Joe Solmonese of the Human Rights Campaign, who 
have worked tirelessly to see this legislation passed.
  The answer to hate and bigotry has to ultimately be found in 
increased respect and tolerance for all our citizens. In the meantime, 
strengthening our Federal hate crimes legislation to give law 
enforcement the tools they need is a necessary step.
  The facts set out in several recent reports show that hate crimes and 
hate groups remain a major problem. Last June, the Leadership 
Conference for Civil Rights released a report finding that ``the number 
of hate crimes reported has consistently ranged around 7,500 or more 
annually, or nearly one every hour of the day.'' A recent report from 
the Southern Poverty Law Center found that hate groups have increased 
by 50 percent since 2000, from 602 hate groups in 2000, to 926 in 2008.
  This historic hate crimes provision will improve existing law by 
making it easier for Federal authorities to investigate and prosecute 
crimes of racial, ethnic, or religious violence. 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. It also focuses the attention 
and resources of the Federal Government on the problem of crimes 
committed against people because of their sexual orientation, gender, 
gender identity, or disability, which are much needed protections. In 
addition, this legislation will provide resources to State, local, and 
tribal law enforcement to address hate crimes.
  In preparing this legislation and moving it through Congress, we have 
worked closely with the Justice Department to ensure that we are 
advancing legislation that is fair, constitutional, and effective in 
cracking down on brutal acts of hate-based violence. It ensures that 
Federal prosecutors are able to rely on evidence of limited and 
relevant additional conduct to prove that the violent act in question 
was motivated by bias. It would also strengthen Federal jurisdiction 
over hate crimes and clarify key certification requirements to allow 
the Federal Government to appropriately support, but not to substitute 
for, State and local law enforcement. As a former State prosecutor, I 
believe respect for local and State law enforcement is critical.
  This legislation was carefully crafted to respect constitutional 
limits and differences of opinion. It will combat acts of violence 
motivated by hatred and bigotry, but it does not target speech, however 
offensive or disagreeable, and it does not target religious expression.
  I wish there had been more Republican support for this important 
civil rights amendment. Nonetheless, in the Senate we worked to address 
bipartisan concerns and issues. We incorporated Republican amendments 
mandating guidelines for hate crimes prosecutions, further changing 
first amendment protections, and creating a new criminal offense for 
attacks against servicemembers because of their service.
  I am disappointed that the servicemembers provision contains a 
mandatory minimum sentence because I believe that mandatory minimum 
sentences can have unintended and unfortunate effects on sentencing and 
on our criminal justice system. However, I was pleased that we were 
able to limit the provision to one modest mandatory minimum sentence 
and require the United States Sentencing Commission to study the effect 
of mandatory minimum sentences. I am also glad that we were able to 
pass this bill without adding a new Federal death penalty, which would 
have needlessly inserted a divisive issue into this legislation.
  I want to note that the sponsors and supporters intend with its 
passage, to authorize Federal investigations and prosecutions of those 
hate crimes described to the fullest extent permitted by the 
Constitution. Section 4707(a) of the defense authorization bill, which 
creates Sec. 249(a)(2)(B) of the new hate crimes statute, is desired to 
apply to the full extent of congressional authority under the Commerce 
Clause. Similarly, section 249(a)(1) should be interpreted broadly, to 
the full extent of Congress's authority under the 13th amendment.
  Section 4710 of the bill sets out rules of construction for hate 
crimes legislation. These rules of construction are meant to be read as 
a collective whole. They simply confirm that the statute should be 
applied consistent with the first amendment and the Federal Rules of 
Evidence. They are not meant to prevent the admission of any evidence 
that is relevant, consistent with the first amendment, and otherwise 
admissible under the Federal Rules of Evidence, including under rule 
404(b).
  President Obama has worked closely with us to facilitate the quick 
passage of this vital hate crimes legislation. In his first few months 
in office, he has acted to ensure that Federal benefits are awarded 
more equitably, regardless of sexual orientation, and now to ensure 
that this hate crimes legislation becomes law. Unlike in previous 
years, our bipartisan hate crimes bill does not face a veto threat. We 
have a President who understands that crimes motivated by bias are 
particularly pernicious crimes that affect more than just their victims 
and those victims' families. I expect the President to sign this 
legislation without delay.

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  Hate crimes instill fear in those who have no connection to the 
victim other than a shared characteristic such as race or sexual 
orientation. For nearly 150 years, we have responded as a Nation to 
deter and to punish violent denials of civil rights by enacting Federal 
laws to protect the civil rights of all of our citizens. The Matthew 
Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 
continues that great and honorable tradition. Passage of this 
legislation, at last, will show, once again, that America values 
tolerance and protects all of its people.

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