[Congressional Record (Bound Edition), Volume 145 (1999), Part 18]
[Senate]
[Page 25775]
[From the U.S. Government Publishing Office, www.gpo.gov]




HATE CRIMES PREVENTION ACT IN THE COMMERCE JUSTICE STATE APPROPRIATIONS 
                                  BILL

  Mr. HARKIN. Mr. President, I want to express to the conferees of 
Commerce Justice State Appropriations the importance of keeping the 
Hate Crimes Prevention Act in the spending bill.
  I am a cosponsor of this legislation that expands the federal 
criminal civil rights statute on hate crime by removing unnecessary 
obstacles to federal prosecution and by providing authority for federal 
involvement in crimes directed at individuals because of their race, 
color, religion, national origin, gender, sexual orientation or 
disability.
  In particular, prejudice against people with disabilities takes many 
forms. Such bias often results in discriminatory actions in employment, 
housing, and public accommodations. Laws like the Fair Housing 
Amendments Act, the Americans with Disabilities Act, and the 
Rehabilitation Act are designed to protect people with disabilities 
from such prejudice
  But disability bias also manifests itself in the form of violence--
and it is imperative that the federal government send a message that 
these expressions of hatred are not acceptable in our society.
  For example, a man with mental disabilities from New Jersey was 
kidnaped by a group of nine men and women and was tortured for three 
hours, then dumped somewhere with a pillowcase over his head. While 
captive, he was taped to a chair, his head was shaved, his clothing was 
cut to shreds, and he was punched, whipped with a string of beads, 
beaten with a toilet brush, and, possibly, sexually assaulted. 
Prosecutors believe the attack was motivated by disability bias.
  In the state of Maine, a married couple both living openly with AIDS, 
struggling to raise their children. Their youngest daughter was also 
infected with HIV. The family had broken their silence to participate 
in HIV/AIDS education programs that would inform their community about 
the tragic reality of HIV infection in their family. As a result of the 
publicity, the windows of their home were shot out and the husband was 
forcibly removed from his car at a traffic light and severely beaten.
  Twenty-one states and the District of Columbia have included people 
with disabilities as a protected class under their hate crimes 
statutes. However, state protection is neither uniform nor 
comprehensive. The federal government must send the message that hate 
crimes committed on the basis of disability are as intolerable as those 
committed because of a person's race, national origin, or religion. 
And, federal resources and comprehensive coverage would give this 
message meaning and substance. Thus, it is critical that people with 
disabilities share in the protection of the federal hate crimes 
statute.
  Senator Kennedy's Hate Crimes bill has the endorsement of the 
Administration and over 80 leading civil rights and law enforcement 
organizations. It is a constructive and sensible response to a serious 
problem that continues to plague our nation--violence motivated by 
prejudice. It deserves full support, and I am hopeful that it is 
included in the final version that the President signs.

                          ____________________