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Originally Processed With FOIA(s):
FOIA Number:
1998-0095-F
1998-0095-F
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This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
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George H.W. Bush Presidential Records
Collection/Office of Origin: Policy Development, White House Office of
Series:
Klausner, Michael, Files
Subseries:
OA/ID Number:
04017
Folder ID Number:
04017-025
Folder Title:
Department of Justice - Hate Crimes Bill
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17
24
4
3
THE WHITE HOUSE
WASHINGTON
EMILY-
June 7, 1989
Thanks very much for
MEMORANDUM FOR ROGER B. PORTER
the update.
FROM:
EMILY M. MEAD EM
Rouge
SUBJECT:
Update on Hate Crimes Statistics Bill introduced
by Senator Simon.
The Hate Crimes Statistics Bill would direct the Department of
Justice to compile and publish data on crimes that manifest
prejudice based on race, religion, sexual orientation or
ethnicity.
The Hate Crimes bill (S.419) was placed on the Calendar on May 1,
1989. No date has been set for full Senate consideration.
H.R. 1048, the House version has not been voted out of the
subcommittee (Weekly report 5/25 incorrectly reported that the
bill had been favorably reported out of the subcommittee.)
The bill will probably be voted out shortly for full House
consideration.
BACKGROUND
The Hate Crimes bill was introduced in the 99th and 100th
Congresses. In the 100th Congress the bill was passed by the
House of Representatives by a 383-29 vote but held up in the
Senate by Senator Helms who tried to remove the references to
sexual preferences. This was the only major objection.
In the 101st Congress the language in S. 419 and H.R. 1048
concerning "sexual preference" remains. However, an amendment
was adopted by voice vote in the House subcommittee on May 18th
which reads as follows:
"The Attorney General may, in his discretion, add to
the foregoing categories whenever he deems it
appropriate for the purpose of identifying the
incidence of such crime against any other identifiable
group of persons."
Hopefully this will ease the concerns of those who objected to
naming homosexuals as a separate constitutionally protected
group.
ENDORSEMENTS
On March 8, the Department of Justice submitted a letter to
Senator Biden indicating support of the objectives of the bill
and no opposition to the bill's enactment.
On May 18, the Department of Justice submitted a letter to
Congressman Schumer, Chairman of Subcommittee on Criminal
Justice, stating that "in view of the importance that the
Department places on the elimination of crimes motivated by
racial and other forms of hatred, we support enactment of H.R.
1048.
On April 28, David Demarest, Bobbie Kilberg and Sarah DeCamp
wrote a memorandum to Governor Sununu urging that the President
"move quickly to endorse the Hate Crimes Bill (this would)
convey a positive civil rights message and would be well received
by religious and racial minorities in this country."
The bill has also been endorsed by the Police Foundation, the
Police Executive Research Forum, the National Black Police
Association, the National Organization of Black Law Enforcement
Executives, the American Jewish Committee, Anti-Defamation League
of the B'nai B'rith.
THE WHITE HOUSE
WASHINGTON
June 7, 1989
MEMORANDUM FOR ROGER B. PORTER
FROM:
EMILY M. MEAD EM
SUBJECT:
Update on Hate Crimes Statistics Bill introduced
by Senator Simon.
The Hate Crimes Statistics Bill would direct the Department of
Justice to compile and publish data on crimes that manifest
prejudice based on race, religion, sexual orientation or
ethnicity.
The Hate Crimes bill (S.419) was placed on the Calendar on May 1,
1989. No date has been set for full Senate consideration.
H.R. 1048, the House version has not been voted out of the
subcommittee (Weekly report 5/25 incorrectly reported that the
bill had been favorably reported out of the subcommittee.)
The bill will probably be voted out shortly for full House
consideration.
BACKGROUND
The Hate Crimes bill was introduced in the 99th and 100th
Congresses. In the 100th Congress the bill was passed by the
House of Representatives by a 383-29 vote but held up in the
Senate by Senator Helms who tried to remove the references to
sexual preferences. This was the only major objection.
In the 101st Congress the language in S. 419 and H.R. 1048
concerning "sexual preference" remains. However, an amendment
was adopted by voice vote in the House subcommittee on May 18th
which reads as follows:
"The Attorney General may, in his discretion, add to
the foregoing categories whenever he deems it
appropriate for the purpose of identifying the
incidence of such crime against any other identifiable
group of persons."
Hopefully this will ease the concerns of those who objected to
naming homosexuals as a separate constitutionally protected
group.
ENDORSEMENTS
On March 8, the Department of Justice submitted a letter to
Senator Biden indicating support of the objectives of the bill
and no opposition to the bill's enactment.
On May 18, the Department of Justice submitted a letter to
Congressman Schumer, Chairman of Subcommittee on Criminal
Justice, stating that "in view of the importance that the
Department places on the elimination of crimes motivated by
racial and other forms of hatred, we support enactment of H.R.
1048.
On April 28, David Demarest, Bobbie Kilberg and Sarah DeCamp
wrote a memorandum to Governor Sununu urging that the President
"move quickly to endorse the Hate Crimes Bill (this would)
convey a positive civil rights message and would be well received
by religious and racial minorities in this country."
The bill has also been endorsed by the Police Foundation, the
Police Executive Research Forum, the National Black Police
Association, the National Organization of Black Law Enforcement
Executives, the American Jewish Committee, Anti-Defamation League
of the B'nai B'rith.
SENT BY:HOUSE JUDICIARY COMM ; 6- 7-89 : 3:04PM ; HOUSE CRIME SUBCOMM-
4567739;# 5
AMENDMENT BY MR. GEKAS TO H.R. 1048
on page 2, line 10, after "ethnicity." add the following new sentence.
"The Attorney General may, in his discretion, add to the foregoing categories
whenever he deems it appropriate for the purpose of indentifying the incidence
of such crime against any other identifiable group of persons."
ADOPTED MARK MARK UP up
Sub committe/18/89
Joice dote
003
07/14/89
16:53
10.16
DUSTULH
DUE
UCE
U.S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Atterney General
Washington, D.C. 205.30
Monorable George J. Mitchell
Majority Leader
United States Senate
Washington, D.C. 20510
Dear senator Mitchell:
This letter expresses the Department of Justice's
unqualified support for 8. 419, the "Hate Crimes Statistics Act,"
as reported by the Committee on the Judiciary. While our earlier
letter to the Committee had endorsed the concept behind the bill,
but expressed some reservations regarding the bill itself, those
concerns have been addressed. Specifically, the Attorney General
has been given sufficient discretion to establish guidelines for
the collection of the required data, and the list of crimes in
the bill is designed to conform to the updated Uniform Crime
Reports.
The Department of Justice, therefore, urges speedy passage
of this legislation.
The Office of Management and Budget has advised this
Department that there is no objection to the presentation of this
report from the standpoint of the Administration's program.
Sincerely,
Carol T. Crawford
Assistant Attorney General
U.S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
March 8, 1989
The Honorable Joseph R. Biden
Chairman
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
This responds to your request for the views of the
Department of Justice on S. 419, the "Hate Crimes Statistics
Act. The Department of Justice supports the concept embodied in
the bill, but has several concerns which require attention.
The bill would require the Attorney General to collect data,
beginning in 1990, regarding crimes that manifest evidence of
prejudice based on race, religion, sexual orientation, or
ethnicity, including where appropriate the crimes of murder and
non-negligent manslaughter; forcible rape; aggravated assault,
simple assault and intimidation; arson; and destruction, damage
or vandalism of property; and to publish an annual summary of the
data. The bill leaves to the Attorney General the establishment
of guidelines for collecting the data. The bill also makes clear
that it does not create any new causes of action and that the
data "shall be used only for research or statistical purposes."
The bill also defines sexual orientation as meaning "consensual
homosexuality or heterosexuality.:
The bill now pending before the Committee addresses many of
the major concerns that the Department raised in the last
Congress. However, we continue to emphasize that the collection
of reliable data regarding the motivation behind crimes presents
difficult technical problems. Particularly when a common crime
is committed by a member of one racial or ethnic group against a
member of another such group, it will be difficult to apply
objective criteria to determine reliably whether the crime was
motivated by race, ethnicity, personal animosity, or financial
gain. We are particularly concerned about the ability of law
enforcement field personnel to identify motivation or to measure
intent accurately and consistently for data reporting purposes.
Given the enormous difficulties inherent in producing
reliable data based upon the perpetrator's motivation, it is
important that the list of offenses set out in the bill track the
offense categories and definitions used in the FBI's new Uniform
Crime Report (UCR) incident-based system. To assure the
comparability of data, to the extent that the incidence of listed
offenses is reported nationally, it is important that the
Attorney General has discretion to use definitions which parallel
those in UCR. A copy of the UCR incident-based reporting system
handbook is attached for your reference. We are generally
satisfied that the bill, as drafted, leaves the Attorney General
sufficient discretion to address these reporting and
classification problems. We are, however, puzzled and concerned
that "forcible fondling" and "forcible sodomy" have been dropped
from the bill as reported by the Committee in the 100th Congress.
Use of the UCR category "forcible sexual offenses" would
encompass all three offenses.
We are reasonably satisfied that the definition of "sexual
orientation" contained in the bill resolves the ambiguities
regarding the scope of previous bills, as does the language
disavowing any intent to create a new cause of action.
The Department has successfully prosecuted large numbers of
crimes that were motivated by racial and ethnic hatred. The
prosecution of hate crimes has long been a high priority within
the Department. Indeed, in the last fiscal year, it conducted a
record number of such prosecutions. The Department will continue
its vigorous enforcement of existing statutes that prohibit
criminal activity motivated by prejudice, regardless of whether
Congress passes S. 419. The collection of accurate data might
contribute to our overall knowledge and awareness of such crimes
if reliable and credible data can be assembled. In view of the
importance that the Department places on the elimination of
crimes motivated by racial and other forms of hatred, we support
the objectives of S. 419 and do not oppose the bill's enactment.
The Office of Management and Budget has advised us that
there is no objection to the submission of this report from the
standpoint of the Administration's program.
Sincerely,
Thomas M. Boyd
Assistant Attorney General
CC: The Honorable Strom Thurmond
171011.136
S.L.C.
101st CONGRESS
1ST SESSION
S. 719
IN THE SENATE OF THE UNITED STATES
Mr. SIMON (for himself, Mr. HATCH, Mr. METZENBAUM, Mr. CRANSTON, Mr.
KERRY. Mr. BIDEN, Mr. SPECTER, Mr. KENNEDY. Mr. SIMPSON, Mr. KOIL.
Mr. LEVIN, Mr. REIGLE, Mr. BURDICK, Mr. MATSUNAGA, Mr. INOUYE. Mr.
BINGAMAN. Mr. DASCHLE, Mr. JEFFORDS. Mr. D'AMATO, Mr. GORE, Mr.
PELL, Mr. GORTON, Mr. SANFORD. Ms. MIKULSKI, Mr. SARBANES, Mr.
ADAMS, Mr. LEIBERMAN, Mr. BOSCHWITZ, and
) introduced the following bill;
which was read twice and referred to the Committee on
A
BILL
To provide for the collection of data about crimes motivated
by race, religion, ethnicity, or sexual orientation.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assem-
3 bled, That (a) this Act may be cited as the "Hate Crime
4 Statistics Act".
5
(b)(1) Under the authority of section 534 of title 28,
6 United States Code, the Attorney General shall acquire
7 data, for the calendar year 1990 and each of the succeeding
8 4 calendar years, about crimes that manifest evidence of
171011.136
S.L.C.
2
1 prejudice based on race, religion, sexual orientation, or
2 ethnicity, including where appropriate the crimes of
3 murder, non-negligent manslaughter; forcible rape; aggra-
4 vated assault, simple assault, intimidation; arson; and de-
5 struction, damage or vandalism of property.
6
(2) The Attorney General shall establish guide-
7
lines for the collection of such data including the
8
necessary evidence and criteria that must be present
9
for a finding of manifest prejudice and procedures
10
for carrying out the purposes of this section.
11
(3) Nothing in this section creates a cause of
12
action or a right to bring an action, including an
13
action based on discrimination due to sexual orienta-
14
tion. As used in this section, the term "sexual orien-
15
tation" means consensual homosexuality or hetero-
16
sexuality. This subsection does not limit any existing
17
cause of action or right to bring an action, including
18
any action under the Administrative Procedure Act
19
or the All Writs Act.
20
(4) Data acquired under this section shall be
21
used only for research or statistical purposes and
22
may not contain any information that may reveal the
23
identity of an individual victim of a crime.
S.L.C.
171011.136
3
1
(5) The Attorney General shall publish an
2
annual summary of the data acquired under this sec-
3
tion.
4
(c) There are authorized to be appropriated such sums
5 as may be necessary to carry out the provisions of this
6 section through fiscal year 1994.
001
05/18/89
09:22
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
File
WASHINGTON. D.C. 20503
Hate Crimes
SPECIAL
May 18, 1989
SPECIAL
TO: EMILY MEAD, OPD --- urgent
GMJ
FROM: GREG JONES, X3454
Do you have any objection to this proposed DOJ report
on the House version of the hate crime statistics bill?
Please note that DOJ now expressly supports the legislation
(versus "supports the objectives" in the Senate).
SUBCOMMITTEE MARKUP OF THIS BILL IS AT 10 AM THIS MORNING.
THANKS.
CC: Mike Sloan
Jim Jukes
05/18/89
09:23
002
1539
202 898 1539
05/18/89
08:06
-3
NO. 003
001
U.S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
The Honorable Charles E. Schumer
Chairman
Subcommittee on criminal Justice
Committee on the Judiciary
United States House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
This is to proffer the views of the Department of Justice
regarding H.R. 1048, a bill to require the collection and
publication of statistics regarding crimes motivated by prejudice
based on race, religion, homosexuality or heterosexuality, or
ethnicity. The Department of Justice supports the goal embodied
in the bill and believes that with minor changes the bill will
lead to increased knowledge and awareness of crimes motivated by
prejudice.
The bill would require the Attorney General to collect data,
beginning in 1991, regarding crimes "that manifest prejudice
based on race, religion, homosexuality or heterosexuality, or
ethnicity," including the crimes of "homicide, assault, robbery,
burglary, theft, arson, vandalism, trespass, threat, and such
other crimes as the Attorney General considers appropriate." The
bill makes clear that it does not establish any new causes of
action and that the data "shall be used only for research or
statistical purposes."
The collection of reliable data regarding the motivation
behind crimes presents difficult technical problems. It is
particularly difficult to apply objective criteria to determine
reliably whether a common crime committed by a member of one
racial group against a member of another such group was motivated
by race, ethnicity, personal animosity, or financial gain. We
are particularly concerned about the ability of law enforcement
field personnel to identify motivation or to measure intent
accurately and consistently for data reporting purposes.
For that reason, it is important that the Attorney General
be given sufficient discretion to address these reporting
problems, including the authority to establish standards and
procedures for collecting these data. We note that S. 419, the
Senate counterpart to H.R. 1048, expressly gives the Attorney
General this authority. while we assume that the bill as written
05/18/89
09:23
003
05/18/89
08:06
,
NO.003
002
would give the Attorney General the same authority, a provision
similar to that in 8,419 should be added to H.R. 1048.
In addition, because of the difficulty of collecting
reliable data on such a large scale, it is important that the
Attorney General have authority to adapt the list of offenses in
the bill to track the offense categories and definitions used in
the FBI's Uniform Crime Report (UCR) incident-based system. This
discretion is necessary to insure the comparability of data,
without which it will be impossible to develop a meaningful
picture of the incidence of hate-crimes. Thus, while we assume
that the Attorney General would have such authority under the
bill as written, the bill should make clear that the Attorney
General has the authority to adapt the crimes enumerated in the
bill to fit the UCR.
The Department of Justice has successfully prosecuted large
numbers of crimes that were motivated by racial and ethnic
animus. Because of their devastating impact on the victims and
their incompatibility with fundamental principles of our society,
the prosecution of these crimes has long been a high priority
within the Department. Indeed, in the last fiscal year, the
Department conducted a record number of such prosecutions. The
Department will continue its vigorous enforcement of statutes
that prohibit criminal activity motivated by prejudice,
regardless of whether Congress passes H.R. 1048, but the
collection of reliable data would contribute to our knowledge and
awareness of such crimes. In view of the importance that the
Department places on the elimination of crimes motivated by
racial and other terms of hatred, we support enactment of H.R.
1048.
ren
**
The Office 0. Management and Budget has advised us that
there is no objection to the submission of this report from the
standpoint of the Adminiatration's program.
Sincerely,
Carol T. Crawford
Acting Assistant Attorney General
SENT BY:HOUSE JUDICIARY COMM ; 6- 7-89 ; 3:02PM ; HOUSE CRIME SUBCOMM-
4567739;# 2
MAJORITY MEMBERS
MINORITY MIMBERS
JACK BROOKS, TEXAS, CHAIRMAN
HAMILTON FUSH, JR. NEW YORK
ROBERT W. KASTENMEIR, WISCONSIN
ONE HUNDRED FIRST CONGRESS
CARLOS & MOORHEAD, CALIFORNIA
HENRY J. HYDL ILLINOIS
DON EDWARDS, CALIFORNIA
F. JAMES BENSENBRENNER, JR. WISCONSIN
JOHN CONTERS. JR., MICHIGAN
ROMAND L MAZZOLI, KENTUCKY
Congress of the United States
BILL MCCOLLUM. FLORIDA
GEORGE W. GEKAS, PENNSYLVANIA
WILLIAM J. MUGHES. NEW JERSEY
MICHAEL DIWINE, OHIO
MIKE SYNAR, OKLAHOMA
WILLIAM E. DANNEMEVER CALIFORNIA
PATRICIA SCHROBDER, COLORADO
HOWARD COBLE NORTH CAROLINA
DAN GLICKMAN, KANSAS
House of Representatives
D. FRENCH BLAUGHTER JR. VIRGINIA
BARNEY FRANK. MASSACHUSETTS
LAMAR a. SMITH TEXAS
GEO. W. CROCKETT, JR., MICHIGAN
LARKIN L SMITH, MISSISSIPPI
CHARLES B. SCHUMER NEW YORK
BRUCE A. MORRISON, CONNECTICUT
COMMITTEE ON THE JUDICIARY
CHUCK DOUGLAS, NEW HAMPSHIRE
CRAIG T. JAMES. FLORIDA
EDWARD F. FRIGHAN, OHIO
LAWRENCE J. SMITH, FLORIDA
2137 RAYBURN House OFFICE BUILDING
HOWARD L BERMAN, CALIFORNIA
MAJDRITY-325-3951
RICK BOUCHER, VIRGINIA
HARLEY D STANGERS. JR., WEST VIRGINIA
WASHINGTON, DC 20515-6216
MINGR/TY-220-0800
JOHN BRYANT, TEXAS
BENJAMIN L CARDIN, MARYLAND
GEORGE E. BANDMENTER ILLINOIS
May 16, 1989
To: Minority Members, Criminal Justice Subcommittee
From: Raymond V. Smietanka, Minority Counsel
Re: H.R. 1048 (Hate Crime Statistics Act)
Chairman Schumer has scheduled a markup for Thursday morning
(May 18th) on H.R. 1048, the so-called Hate Crimes Statistics
Act. The bill is similar to proposals which have passed the
House during the last two Congresses. Last year's bill (H.R.
3193) was, however, the subject of some controversy during
floor consideration because it included crimes against homo-
sexuals as among those be tallied in counting hate crimes.
Because the issues have been so thoroughly aired and there is no
substantial difference last year's bill and this year's, the
Chairman apparently believes there is little need for hearings
prior to markup by the subcommittee.
H. R. 1048 would require the Attorney General to collect data
until Fiscal Year 1995 on the incidence of crimes manifesting
"prejudice based upon race, religion, homosexuality or heterosex-
uality, or ethnicity." The types of crimes for which the
Attorney General would have to collect data would be: homicide,
assault, robbery, burglary, theft, arson, vandalism, trespass,
threat, and "such other crimes as the Attorney General considers
appropriate". The legislation requires that an annual summary be
published of the data. While the authorization is for "such
sums as are necessary", the Congressional Budget Office estimate
for H.R. 3193 of the 100th Congress was an annual expense of
"less than $1 million to nearly $10 million", depending on the
methodology employed in gathering the statistics.
As noted, the bill would require that hate crimes against
homsexuals should be counted as "hate crimes" just as those
against persons based upon their race, religion or ethnicity,
a feature that some Memers found objectionable during consi-
deration of the bill during the 100th Congress. Attached are
the dissenting views to the report of the Judiciary committee on
H.R. 3193 detailing the concerns of those members.
SENT BY:HOUSE JUDICIARY COMM ; 6- 7-89 ; 3:02PM ; HOUSE CRIME SUBCOMM-
4567739;# 3
-2-
Proponents of the legislation were originally led by the Anti-De-
famation League of the B'nai B'rith whose representatives at
hearings before the subcommittee during the 99th Congress cited
an alarming rise in anti-semitic violence. The collection of
statistics is considered by proponents as an important step in
documenting trends in hate crimes so that countermeasures can be
crafted.
Mr. Gekas, who had been an original supporter of the Hate Crime
Statistics Act when it was proposed during the 99th Congress,
made unsuccessful efforts at every stage to delete the language
on homsexuality from H. R. 3193 last year. On the floor, as the
result of a parliamentary maneuver by Mr. Miller (R-Wash) acting
in concert with Mr. Frank (D-Mass), Mr. Gekas was unable to move
to strike the homsexuality language. Because he had not pre-
vailed on the issue, Mr. Gekas was constrained to vote against
the legislation which ultimately was adopted by a vote of 383-29.
It 1s anticipated that Mr. Gekas will again move to strike this
language; no other amendments are likely.
13
4567739;# 4
The Department of Justice has criticized this bill as being "unre-
alistic" because it lists too many offenses for which a motivation
must be ascertained. As Assistant Attorney General John Bolton
has noted: "To force statisticians through millions of burglary and
theft cases in an effort to identify motivation of the perpetrator
DISSENTING VIEWS OF MR. GEKAS, MR. McCOLLUM, MR.
calls to mind the search for a needle in a haystack.' Including
COBLE, MR. DANNEMEYER AND MR SMITH TO H.R. 3193
"sexual orientation" only serves to make the needle smaller and
the haystack larger.
Accurate statistics showing the incidence of hate crime in this
In view of the cost, the question recurs as to why statistics are
country can certainly be of value in helping to formulate law en-
important. They are valuable not in themselves but rather to help
forcement's response. However, the approach suggested by H.R.
discover the existence and extent of a problem and to support its
3193 is not a promising one because it seeks to acquire too much
solution. Statistics merely lay the foundation for a subsequent Fed-
information about too many crimes at too great an expense for ev-
eral response. Since this response is likely to take us down an even
eryone.
more costly path, it is all the more essential that targeted groups
Legislation somewhat similar to this bill passed the House with-
be within the scope of Federal responsibility in the first place. It is
out controversy during the 99th Congress after hearings of the Ju-
a Federal responsibility to ensure the equal protection of all citi-
diciary Committee indicated an unaccountable rise in racial and re-
zens regardless of their race, religion or ethnic origin. It is not a
ligious hate crime. Unfortunately, some persons looked upon last
Federal obligation to protect citizens in their sexual orientation.
year's consensus legislation as merely a tempting vehicle to drama-
For these reasons, I respectfully dissent.
SENT BY:HOUSE JUDICIARY COMM ; 6- 7-89 3:03PM HOUSE CRIME SUBCOMM-
tize what they assert is an increase in crime against homosexuals.
GEORGE W. GERAS.
These persons succeeded in expanding the definition of hate crimes
BILL McCoLLum.
in this year's bill to include crimes based upon something described
BILL DANNEMEYER
as the "sexual orientation" of the victim. This expansion should be
HOWARD CORLE.
reversed by amendment.
LAMAR SMITH.
We would obviously expect statistics developed by H.R. 3193 to
inspire Federal legislation to counteract hate crimes or assist in
the allocation of Federal law enforcement resources. But normally a
Federal nexus is essential to justify a Federal response. Absent
such a nexus, one must be able at the very least to base Federal
involvement in essentially State matters on the goal of either sup-
porting the common good or promoting State law enforcement. It
must be emphasized that crime against any class of person is obvi-
ously reprehensible. However, there is no reason to believe that
crime against homosexuals transcends the ability of individual
States to respond. There is no evidence of an interstate organiza-
tion such as the Ku Klux Klan or the Nation focused on homosex-
uals. There is no mention of homosexual rights in the Constitution.
In fact, there appears no convincing evidence that homosexuals are
more targeted for crime than groups such as women, the elderly,
members of the police or passengers on urban mass transit. Thus
gathering at considerable cost Federal statistics on crime against
homosexuals is not only unjustified in itself but also unfair vis-a-vis
other affinity groups.
It is noteworthy that the Congressional Budget Office, unable to
predict the methodology to be employed in gathering hate crime
statistics, estimated the cost of last year's legislation at less than
$1 million to as much as $8 million annually. Adding crimes based
upon the "sexual orientation" of the victim could only force this
cost toward the upper end of, or beyond, this estimate. Not surpris-
ingly, the CBO has estimated the cost of H.R. 3193 at as much as
$10 million annually-an incredible price for an object of such
questionable value.
1191
them
COPY
2
April 4, 1989
ACTION
MEMORANDUM FOR GOVERNOR SUNUNU
FROM:
ROGER B. PORTER
SUBJECT:
Hate Crimes Bill
I. BACKGROUND: The Hate Crime Statistics Bill introduced by
Senator Paul Simon [S.419] in the 101st Congress would direct the
Department of Justice to compile and publish data on crimes
(murder, non-negligent manslaughter, forcible rape, aggravated
assault, simple assault, intimidation, arson, and destruction,
damage or vandalism of property) that manifest prejudice based on
race, religion, sexual orientation or ethnicity. The data would
be collected for the years 1990 - 1995.
In the 100th Congress, a similar bill passed the House of
Representatives in May, 1988 by a vote of 383-29. In the Senate,
the Judiciary Committee voted out a Hate Crimes bill without
dissent but the bill died when the Senate adjourned. Senator
Helms tried to remove references to sexual preference. This was
the only major objection.
II. ANALYSIS: Bias motivated attacks against certain groups of
Americans are increasing. A comprehensive, accurate, and up-to-
date record is needed to determine if certain groups are more
likely to be the victims of hate crimes. The data acquired would
be used solely for research and statistical purposes and would
not contain information that would reveal the identity of a
victim.
The Bill has been co-sponsored by Senators Hatch, D'Amato,
Gorton, Jeffords, Simpson and Representatives Fish, Morella,
Shays, Hyde, and Molinari.
On March 8th of this year, the Department of Justice submitted a
letter to Senator Biden indicating support of the objectives of
the bill and no opposition to the bill's enactment.
The bill has been endorsed by the Police Foundation, the Police
Executive Research Forum, the National Black Police Association,
and the National Organization of Black Law Enforcement
Executives, and the American Jewish Committee.
COPY
2
III. RECOMMENDATION: Endorsement of this bill would be perceived
as part of the President's "positive civil rights agenda." If
approved, this endorsement will be included in an upcoming
speech, announced by the press office, or become the focal point
of an appropriate meeting.
IV. DECISION:
action
approve as amended
reject
no action
SOCIAL POLICY
ment trial and that Hastings won the
entation. Only certain serious crimes,
CONFIRMATION
earlier judgment because he lied.
such as murder, rape, assault and ar-
The Senate will hear one-hour ar-
son, would be tracked.
guments from attorneys for Hastings
The bill is intended to provide a
Bennett Approved
and for the House managers before it
national data base that would be used
As 'Drug Czar'
votes. The matter was postponed from
to monitor the extent of crimes of
March 8-9 because of the protracted
prejudice.
debate on the nomination of John
The committee passed the bill
The often controversial William
Tower to be secretary of defense.
unanimously by voice vote. However,
J. Bennett passed quietly through a
(Tower debate, p. 530)
Strom Thurmond, R-S.C., and Charles
confirmation process and was ap-
None of the 13 other impeachment
E. Grassley, R-Iowa, expressed concerns
proved by the Senate March 9 as di-
proceedings that have come to the
about the cost and standards for collec-
rector of the new Office of National
Senate during its history has involved
tion of data. Grassley cautioned that a
Drug Control Policy.
an earlier acquittal.
criminal's motivation might not be eas-
The Senate voted 97-2 to confirm
House managers maintain that con-
ily determined. He also contended that
Bennett, who was described on the
stitutional separation of powers re-
the bill delegated a responsibility to the
floor as honorable, capable and inde-
quires Congress to make an indepen-
attorney general that should be Con-
fatigable. (Vote 21, p. 549)
dent judgment, irrespective of the
gress', that of setting criteria for defin-
Opposing the nomination were
outcome of a criminal case. They say an
ing "hate crimes."
Jeff Bingaman, D-N.M., and Paul Si-
impeachment is not a criminal proceed-
Simon maintained that the attor-
mon, D-III., both of whom criticized
ing and therefore the constitutional
ney general is the appropriate author-
Bennett's leadership as secretary of
prohibition against double jeopardy
ity to establish such guidelines. Simon
education during the Reagan adminis-
(being tried twice for the same offense)
also said that eight states now collect
tration.
does not apply. (Weekly Report p. 451)
similar crime statistics and that none
Earlier in the day, the Senate Judi-
The House vote to impeach Has-
has reported significant costs.
ciary Committee approved the nomi-
tings stemmed from an alleged 1981
In 1988, the Congressional Budget
nation 13-1. Simon, the lone oppo-
bribery scheme and Hastings' alleged
Office estimated the cost of a similar
nent, said he feared that Bennett, who
leak of wiretap information in 1985.
bill at between $1 million and $10 mil-
was secretary from 1985-88 and an
The 16 articles of impeachment Has-
lion annually.
outspoken critic of the nation's educa-
tings wants dismissed allege conspir-
The Justice Department, in a
tion system, offered "a lot of visibility
acy to accept a bribe, perjury and un-
March 8 letter to Judiciary Committee
but not much action."
dermining the judiciary's integrity.
Chairman Joseph R. Biden Jr., D-Del.,
A spokesman for Bingaman said
Even if Hastings' motion is ap-
generally supported the bill but raised
after the Senate vote that Bingaman
proved, a Senate trial on the remaining
questions about the difficulties of col-
also questioned Bennett's lack of law-
charge - that he improperly disclosed
lecting the data. Assistant Attorney
enforcement experience.
confidential information learned in
General Thomas M. Boyd wrote, "Par-
Bennett generally has attracted
1985 as the supervising judge of a wire-
ticularly when a common crime is com-
widespread support from senators and
tap - is virtually assured.
mitted by a member of one racial or
little public complaint since his Jan.
Once the Senate votes on Hastings'
ethnic group against a member of an-
12 nomination by President Bush.
motion to dismiss the 16 articles, it
other such group, it will be difficult to
(Weekly Report p. 450)
will immediately take up a resolution
apply objective criteria to determine
(S Res 38) that would allow the case to
reliably whether the crime was moti-
National Drug Strategy
be heard by a special committee
vated by race, ethnicity, personal ani-
The drug director's job was cre-
rather than by the fuil Senate.
mosity or financial gain."
ated in the 1988 anti-drug-abuse law
The bill would require data to be
(HR 5210 - PL 100-690) cleared by
collected in 1990-95 on crimes of murder,
Congress last Oct. 22. (Background,
non-negligent manslaughter, forcible
1988 Weekly Report p. 3145)
LAW ENFORCEMENT
rape, aggravated assault, simple assault,
Bennett will be required to con-
intimidation, arson, and destruction,
sult with the heads of all federal agen-
'Hate Crimes' Bill
damage or vandalism of property.
cies responsible for drug-related pro-
The bill is similar to S 702, which
grams and to prepare a national drug
Backed by Panel
was approved by the Senate Judiciary
strategy within 180 days of confirma-
Committee last year. That bill did not
tion.
make it to the Senate floor, but the
The goal of a national strategy,
The Justice Department would
House passed a related measure (HR
Bennett said during his confirmation
collect and publish data on crimes mo-
3193) sponsored by Rep. John Con-
hearings March 1-2, "is a steady re-
tivated by prejudice under a bill ap-
yers Jr., D-Mich. (1988 Weekly Re-
duction in the flow of drugs through
proved by the Senate Judiciary Com-
port p. 2303)
our streets and communities and a
mittee March 9.
Conyers reintroduced his bill (HR
corresponding reduction in the deadly
The so-called "hate crimes" legis-
1048) Feb. 22. He referred to the much
hold they now have over so many of
lation (S 419), introduced by Paul Si-
publicized death of a black man in the
our friends and families and neigh-
mon, D-III., calls for the attorney gen-
Howard Beach area of Queens, N.Y., and
bors."
eral to set criteria for determining
said, "few across the nation, however,
Bennett declined to answer ques-
whether a crime was committed
will ever know about the thousands of
tions about his specific strategies for
against an individual because of his
other lesser known incidents unless in-
heading off drug abuse. He said he
race, religion, ethnicity or sexual ori-
formation about them is compiled."
wanted first to study the situation.
CQ
MARCH 11, 1989 - 529
April 14, 1989
MEMORANDUM
SUBJECT: Civil Rights Agenda of the Bush Administration Since
1/20/89
MAJOR ACTIONS
On March 8, the DOJ submitted a letter to Senator Biden
indicating support of the objectives of the Hate Crimes
Bill [s. 419] and no opposition to the bill's
enactment.
The Hate Crimes Bill provides for the collection of
data about crimes motivated by race, religion,
ethnicity or sexual orientation.
On March 13, Attorney General Dick Thornburgh announced
that the Department of Justice had filed Federal
housing discrimination lawsuits seeking monetary
damages and civil penalties under the expanded
enforcement authority provided for in the Fair Housing
Amendments Act of 1988 which became effective on March
12.
[President Bush was one of 12 southern Congressman to
vote for the Civil Rights Bill of 1968. This was the
first open housing law of the 20th century.]
On April 5, President Bush reaffirmed his dedication to
the Historically Black Colleges and Universities
(HBCUs) by announcing a proposal to authorize $60
million in additional funds for endowment grants. ($10
million for FY 1990, 20 million FY 1991 and 1992, and
$10 for FY 1993.) The Executive Order on Historically
Black Colleges and Universities will soon be issued.
OTHER ACTIONS
On January 23, the DOJ filed a complaint against the
Board of Education of Prince George's County, MD,
alleging a pattern or practice of employment
discrimination on the basis of race and sex.
On January 27, a federal grand jury indicted two
Georgia troopers and a county sheriff on charges of
violating the civil rights of a man they apprehended
after a car chase.
(more)
-2-
On February 10, the DOJ filed a lawsuit against the
Holiday Spa Health Club chain, based in Towson,
Maryland, alleging that the chain has engaged in a
pattern and practice of racial discrimination against
blacks.
On February 27, the DOJ filed a motion to intervene in
a private housing discrimination lawsuit in Mississippi
in support of civil rights plaintiffs challenging a
zoning ordinance.
ACTION ON BEHALF OF THE CIVIL RIGHTS OF OTHER MINORITIES
On February 6, the DOJ announced that federal observers
would be assigned to polling places in Sandoval County,
New Mexico, school districts for board and bond
elections. The elections follow a Justice Department
suit filed on December 5, 1988, seeking a comprehensive
bilingual election program in the county that would
allow persons who speak the Navajo and Pueblo languages
to participate effectively in the electoral process.
On February 21, the DOJ filed a consent decree in the
U.S. District Court of Portland, Oregon, requiring the
State to make sweeping improvement at the Fairview
Training Center to ensure that the Center's 950
mentally retarded residents receive the care and
treatment to which they are entitled under the
Constitution and Federal law.
PRESIDENTIAL PROCLAMATIONS AND ADDRESSES
On February 1, a message from the President was issued
on the observance of National Afro-American (Black)
History Month, February, 1989.
On March 9, the President addressed the United Negro
College Fund Dinner in New York City.
#
COPY
April 4, 1989
ACTION
MEMORANDUM FOR GOVERNOR SUNUNU
FROM:
ROGER B. PORTER
SUBJECT:
Hate Crimes Bill
I. BACKGROUND: The Hate Crime Statistics Bill introduced by
Senator Paul Simon [S.419] in the 101st Congress would direct the
Department of Justice to compile and publish data on crimes
(murder, non-negligent manslaughter, forcible rape, aggravated
assault, simple assault, intimidation, arson, and destruction,
damage or vandalism of property) that manifest prejudice based on
race, religion, sexual orientation or ethnicity. The data would
be collected for the years 1990 - 1995.
In the 100th Congress, a similar bill passed the House of
Representatives in May, 1988 by a vote of 383-29. In the Senate,
the Judiciary Committee voted out a Hate Crimes bill without
dissent but the bill died when the Senate adjourned. Senator
Helms tried to remove references to sexual preference. This was
the only major objection.
II. ANALYSIS: Bias motivated attacks against certain groups of
Americans are increasing. A comprehensive, accurate, and up-to-
date record is needed to determine if certain groups are more
likely to be the victims of hate crimes. The data acquired would
be used solely for research and statistical purposes and would
not contain information that would reveal the identity of a
victim.
The Bill has been co-sponsored by Senators Hatch, D'Amato,
Gorton, Jeffords, Simpson and Representatives Fish, Morella,
Shays, Hyde, and Molinari.
On March 8th of this year, the Department of Justice submitted a
letter to Senator Biden indicating support of the objectives of
the bill and no opposition to the bill's enactment.
The bill has been endorsed by the Police Foundation, the Police
Executive Research Forum, the National Black Police Association,
and the National Organization of Black Law Enforcement
Executives, and the American Jewish Committee.
2
III. RECOMMENDATION: Endorsement of this bill would be perceived
as part of the President's "positive civil rights agenda." If
approved, this endorsement will be included in an upcoming
speech, announced by the press office, or become the focal point
of an appropriate meeting.
IV. DECISION:
action
approve as amended
reject
no action
THE WHITE HOUSE
WASHINGTON
April 28, 1989
MEMORANDUM FOR GOVERNOR SUNUNU
FROM:
DAVID DEMAREST
BOBBIE KILBERG
BK
SARAH DECAMP
RE:
HATE CRIMES BILL
We strongly recommend that the President move quickly to endorse
the Hate Crimes Bill introduced in the 101st Congress by Senator
Paul Simon. The Department of Justice indicated support of the
objectives of bill and no opposition to the bill's enactment in a
letter to Senator Biden on March 8 of this year.
A personal endorsement of this legislation by the President would
convey a positive civil rights message and would be well received
by religious and racial minorities in this country.
COPY
2
III. RECOMMENDATION: Endorsement of this bill would be perceived
as part of the President's "positive civil rights agenda." If
approved, this endorsement will be included in an upcoming
speech, announced by the press office, or become the focal point
of an appropriate meeting.
IV. DECISION:
action
approve as amended
reject
no action
THE WHITE HOUSE
WASHINGTON
June 28, 1989
MEMORANDUM FOR EMILY MEAD
OFFICE OF POLICY DEVELOPMENT
FROM:
NELSON LUND nf
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
"Hate Crimes" Bill
This is to follow up on our conversation last night about H.R.
1048. I understand that the Administration has already gone on
record as supporting this legislation, and that some thought is
now being given to suggesting that the President himself publicly
endorse it in his speech on Friday.
For two reasons, I am skeptical about the wisdom of such a step.
First, the bill cannot reasonably be characterized as a major
initiative, and it would be unfortunate if the President were
accused of overselling its importance. Second, the bill suggests
a certain symbolic equivalence between homosexuality on the one
hand and race, religion, and ethnicity on the other. If the
President tries to use the bill for symbolic purposes, this
symbolic equivalence might provoke a strong adverse reaction,
especially from conservative religious groups.
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17:17
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STATE
U.S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Attorney General
Washington. D.C 20530
FACSIMILE TRANSMISSION COVER PAGE
TO:
Emily mead
FAX No. 456-7739
Phone No. 456-6252
FROM:
Fait Burton
Phone No. 633-5310
DATE:
July 5
, 1989
NUMBER OF PAGES:
6
(excluding transmittal page)
CONTENTS:
DOJ letters on Hate Crimes, HR 1048 &
S.419
NOTE TO FAX CENTER: Upon receipt of this transmittal, please
notify
at
NOTE: Please call
to confirm receipt of this transmission. Thank you.
07/05/89
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U.S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
JUN 0 8 1989
Honorable Jack Brooks
Chairman
Committee on the Judiciary
United States House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
This is to proffer the views of the Department of Justice
regarding H.R. 1048, a bill to require the collection and
publication of statistics regarding crimes motivated by prejudice
based on race, religion, homosexuality or heterosexuality, or
ethnicity. The Department of Justice supports the goal embodied
in the bill and believes that with minor changes the bill will
lead to increased knowledge and awareness of crimes motivated by
prejudice.
The bill would require the Attorney General to collect data,
beginning in 1991, regarding crimes "that manifest prejudice
based on race, religion, homosexuality or heterosexuality, or
ethnicity," including the crimes of "homicide, assault, robbery,
burglary, theft, arson, vandalism, trespass, threat, and such
other crimes as the Attorney General considers appropriate." The
bill makes clear that it does not establish any new causes of
action and that the data "shall be used only for research or
statistical purposes."
The collection of reliable data regarding the motivation
behind crimes presents difficult technical problems. It is
particularly difficult to apply objective criteria to determine
reliably whether a common crime committed by a member of one
racial group against a member of another such group was motivated
by race, ethnicity, personal animosity, or financial gain. We
are particularly concerned about the ability of law enforcement
field personnel to identify motivation or to measure intent
accurately and consistently for data reporting purposes.
For that reason, it is important that the Attorney General
be given sufficient discretion to address these reporting
problems, including the authority to establish standards and
procedures for collecting these data. We note that S. 419, the
Senate counterpart to H.R. 1048, expressly gives the Attorney
General this authority. While we assume that the bill as written
would give the Attorney General the same authority, a provision
similar to that in S. 419 should be added to H.R. 1048.
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In addition, because of the difficulty of collecting
reliable data on such a large scale, it is important that the
Attorney General have authority to adapt the list of offenses in
the bill to track the offense categories and definitions used in
the FBI's Uniform Crime Report (UCR) incident-based system. This
discretion is necessary to insure the comparability of data,
without which it will be impossible to develop a meaningful
picture of the incidence of hate-crimes. Thus, while we assume
that the Attorney General would have such authority under the
bill as written, the bill should make clear that the Attorney
General has the authority to adapt the crimes enumerated in the
bill to fit the UCR.
The Department of Justice has successfully prosecuted large
numbers of crimes that were motivated by racial and ethnic
animus. Because of their devastating impact on the victims and
their incompatibility with fundamental principles of our society,
the prosecution of these crimes has long been a high priority
within the Department. Indeed, in the last fiscal year, the
Department conducted a record number of such prosecutions. The
Department will continue its vigorous enforcement of statutes
that prohibit criminal activity motivated by prejudice,
regardless of whether Congress passes H.R. 1048, but the
collection of reliable data would contribute to our knowledge and
awareness of such crimes. In view of the importance that the
Department places on the elimination of crimes motivated by
racial and other forms of hatred, we support enactment of H.R.
1048.
The Office of Management and Budget has advised us that
there is no objection to the submission of this report from the
standpoint of the Administration's program.
Sincerely,
Carol T. Crawford
Assistant Attorney General
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U.S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Automay General
Washington, D.C. 20530
March 8, 1989
The Honorable Joseph R. Biden
Chairman
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
This responds to your request for the views of the
Department of Justice on S. 419, the "Hate Crimes Statistics
Act." The Department of Justice supports the concept embodied in
the bill, but has several concerns which require attention.
The bill would require the Attorney General to collect data,
beginning in 1990, regarding crimes that manifest evidence of
prejudice based on race, religion, sexual orientation, or
ethnicity, including where appropriate the crimes of murder and
non-negligent manslaughter; forcible rape; aggravated assault,
simple assault and intimidation; arson; and destruction, damage
or vandalism of property; and to publish an annual summary of the
data. The bill leaves to the Attorney General the establishment
of guidelines for collecting the data. The bill also makes clear
that it does not create any new causes of action and that the
data "shall be used only for research or statistical purposes."
The bill also defines sexual orientation as meaning "consensual
homosexuality or heterosexuality.'
The bill now pending before the Committee addresses many of
the major concerns that the Department raised in the last
Congress. However, we continue to emphasize that the collection
of reliable data regarding the motivation behind crimes presents
difficult technical problems. Particularly when a common crime
is committed by a member of one racial or ethnic group against a
member of another such group, it will be difficult to apply
objective criteria to determine reliably whether the crime was
motivated by race, ethnicity, personal animosity, or financial
gain. We are particularly concerned about the ability of law
enforcement field personnel to identify motivation or to measure
intent accurately and consistently for data reporting purposes.
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Given the enormous difficulties inherent in producing
reliable data based upon the perpetrator's motivation, it is
important that the list of offenses set out in the bill track the
offense categories and definitions used in the FBI's new Uniform
Crime Report (UCR) incident-based system. To assure the
comparability of data, to the extent that the incidence of listed
offenses is reported nationally, it is important that the
Attorney General has discretion to use definitions which parallel
those in UCR. A copy of the UCR incident-based reporting system
handbook is attached for your reference. We are generally
satisfied that the bill, as drafted, leaves the Attorney General
sufficient discretion to address these reporting and
classification problems. We are, however, puzzled and concerned
that "forcible fondling" and "forcible sodomy" have been dropped
from the bill as reported by the Committee in the 100th Congress.
Use of the UCR category "forcible sexual offenses" would
encompass all three offenses.
we are reasonably satisfied that the definition of "sexual
orientation" contained in the bill resolves the ambiguities
regarding the scope of previous bills, as does the language
disavowing any intent to create a new cause of action.
The Department has successfully prosecuted large numbers of
crimes that were motivated by racial and ethnic hatred. The
prosecution of hate crimes has long been a high priority within
the Department. Indeed, in the last fiscal year, it conducted a
record number of such prosecutions. The Department will continue
its vigorous enforcement of existing statutes that prohibit
criminal activity motivated by prejudice, regardless of whether
Congress passes S. 419. The collection of accurate data might
contribute to our overall knowledge and awareness of such crimes
if reliable and credible data can be assembled. In view of the
importance that the Department places on the elimination of
crimes motivated by racial and other forms of hatred, we support
the objectives of S. 419 and do not oppose the bill's enactment.
The Office of Management and Budget has advised us that
there is no objection to the submission of this report from the
standpoint of the Administration's program.
Sincerely,
Ten
Thomas M. Boyd
Assistant Attorney General
CC: The Honorable Strom Thurmond
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FOREWORD
Information about the National Incident-Based Reporting
System (NIBRS) is contained in the three documents described below:
Volume 1: Data Collection Guidelines
This document is for the use of state and local UCR
Program personnel (1.e., administrators, training instructors,
report analysts, coders, data entry clerks, etc.) who are respon-
sible for collecting and recording NIBRS crime data for submission
to the FBI. It contains a system overview and descriptions of the
offenses, offense codes, reports, data elements, and data values
used in the system.
Volume 2: Data Submission Specifications
This document is for the use of state and local systems
personnel (i.e., computer programmers, analysts, etc.) who are
responsible for preparing magnetic tapes for submission to the FBI.
It contains the tape data submission instructions, tape layouts,
error-handling procedures, designations of mandatory and optional
data elements, and data element edits that must be followed in
submitting magnetic tapes to the FBI for NIBRS reporting purposes.
Volume 3: Approaches to Implementing an
Incident-Based Reporting (IBR) System
This document is for the use of state and local systems
personnel (i.e., computer programmers, analysts, etc.) who are
responsible for developing a state or local IBR system which will
meet NIBRS' reporting requirements. It contains suggested
approaches to developing an IBR system, including a model incident
report, standard data entry guide, data entry screens, and software
design suggestions.
Copies of the above-listed documents can be obtained by
writing to the:
Uniform Crime Reporting Section
Federal Bureau of Investigation
Washington, D.C. 20535
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U.S. Department of
Federal Bureau of Investigation
Uniform Crime Reporting
National Incident-Based
Reporting System
VOLUME 1
Data Collection Guidelines
July 1, 1988
Enter a NUMBER (1-4) or 'STOP'
LEGI-SLATE Report for the 101st Congress
Tue, April 4, 1989 9:44am (EDT)
Status Report for S.419
All Actions Since Introduction
Beduce
Measure, Sponsor and Short Title:
S.419 by SIMON (D-IL) ---- Hate Crime Statistics Act
File- Hate Crimes I
All Specified Actions:
02/22/89 ----- In The SENATE
Introduced by SIMON (D-IL)
Referred to SENATE COMMITTEE ON THE JUDICIARY
Remarks by SIMON (D-IL) in "Congressional Record" (CR Page S-1563)
Full text of measure printed in "Congressional Record" (CR Page S-1563)
Remarks by HATCH (R-UT) in "Consressional Record" (CR Page S-1563)
Remarks by CRANSTON (D-CA) in "Congressional Record" (CR Page S-1565)
Remarks by D'AMATO (R-NY) in "Congressional Record" (CR Page S-1602)
Remarks by LIEBERMAN (D-CT) in "Congressional Record" (CR Page S-1609)
03/08/89 - In The SENATE
Remarks by SIMON (D-IL) in "Congressional Record" (CR Page S-2378)
03/09/89 - In The SENATE
Ordered reported by SENATE COMMITTEE ON THE JUDICIARY
Services of Mead Data Central
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1
LEVEL 1 - - 1 OF 3 STORIES
Copyright & 1989 States News Service
February 23, 1989, Thursday
LENGTH: 432 words
BYLINE: By Anne Hazard, States News Service
DATELINE: WASHINGTON
KEYWORD: hate
BODY:
Former Indiana Sen. Birch E. Bayh joined law enforcement and human rights
officials Wednesday to tell members of Congress that hate crimes are being
perpetrated against minorities in alarming numbers.
"Our statistics show us that fully one out of every five ... minority
Americans is subjected to some type of abuse," said Bayh, who is chairman of the
National Institute Against Prejudice & Violence.
The former lawmaker addressed supporters of a bill introduced in the House
and Senate Wednesday that would require the Justice Department to compile and
publish data on crimes motivated by hatred of a race, religion, ethnic
background or sexual orientation.
Such information would enable police to do their jobs better, Bayh said, by
telling them whether such crimes are increasing and where they are occurring.
The bill would guarantee confidentiality to victims. It also would encourage aid
to victims of hate crimes.
Sponsor Sen. Paul Simon, D-I11., predicted passage of the bill, However, "I
don't want anyone to be sanguine," he said. "We do face the possibility of a
filibuster."
A similar measure last year passed the House and the Senate Judiciary
Committee, but floundered after North Carolina Sen. Jesse Helms tried to amend
it with language denouncing homosexuality.
Many of the bill's supporters complained about the lack of a national network
to pool information about hate crimes.
The American Defamation League of B'Nai B'rith recently reported that
anti-Semitic incidents rose from 906 in 1986 to 1,281 last year.
The National Gay and Lesbian task force documented 7,008 incidents against
homosexuals in 1987, up from 2,043 incidents in 1985.
Bayh, who practices law in Washington, said the institute, which studies the
incidence of hate crimes and their effect on victims, had documented the
occurrence of such crimes on 174 college campuses since September 1986.
"Often these are repeat offenses, not Just isolated incidents," he said.
LEXIS® NEXIS® LEXIS® NEXIS
Services of Mead Data Central
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@ 1989 States News Service, February 23, 1989
In a later interview, he said the institutions include such Indiana colleges
as DePauw University in Greencastle, Indiana University in Bloomington, Purdue
University in West Lafayette, Franklin College in Franklin and Notre Dame
University in South Bend.
Victims of hate crimes feel isolated and are afraid to carry out activities
of daily life, according to Bayh. The effect of such a crime on a victim may
last for years.
Passage of the " Hate Crime Statistics Act," Bayh said, would provide moral
support to victims of hate crimes by letting them know the acts committed
against them are considered crimes.
LEXIS® NEXIS® LEXIS® ® NEXIS
Services of Mead Data Central
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LEVEL 1 - - 2 OF 3 STORIES
Copyright @ 1989 States News Service
February 23, 1989, Thursday
LENGTH: 556 words
BYLINE: By Anne Hazard, States News Service
DATELINE: WASHINGTON
KEYWORD: crime
BODY:
Condemning ""hate crimes" like the church burning that occurred last year in
Alton, Sen. Paul Simon introduced legislation Wednesday to help police stem the
tide of such incidents.
The Illinois legislator discussed the " " Hate Crimes Statistics Act"
Wednesday at a press conference. Law enforcement and human rights officials
supported the measure, saying criminal acts against minorities are occurring
with increasing frequency.
The burning of the New Bethel African Methodist Episcopal Church in Alton in
April and again in October was sited as a recent example of the rising number of
hate crimes.
James R. Calvin, a navy enlisted man who was absent without leave from the
San Diego Naval Base, was arrested last October and charged with arson in
connection with the second incident.
A March trial date has been set but could be changed, pending the outcome of
motions by the defense, said Sargent Don Spaul of the Madison County Sheriff's
Office.
Simon's bill would require the Justice Department to compile and publish data
on crimes motivated by hatred of race, ethnic background, religion or sexual
orientation.
The data would help police by showing whether such crimes are increasing and
where they are occurring, Simon said.
"We know in one form or another, violence too often
...
has taken place,"
Simon said. ""Let's find out where we are so we can deal with the poison that's
taken place in our system."
Many of the bill's supporters complained about the lack of a national network
to pool information about hate crimes. Illinois was cited as one of a few states
that has begun collecting hate crime statistics.
Former Indiana Sen. Birch Bayh, who is chairman of the National Institute
Against Prejudice and Violence, which studies hate crimes, said the
organization's research indicates one of every five minority Americans is
subjected to abuse.
LEXIS® NEXIS® LEXIS® NEXIS
Services of Mead Data Central
PAGE
4
@ 1989 States News Service, February 23, 1989
The American Defamation League of B'Nai B'rith recently reported that
anti-Semitic incidents rose from 906 in 1986 to 1,281 last year.
The National Gay and Lesbian task force documented 7,008 incidents against
homosexuals in 1987, up from 2,043 incidents in 1985.
Bayh, a lawyer who practices in Washington, said the institute had documented
the occurrence of hate crimes on 174 college campuses since September 1986.
""Often these are repeat offenses, not just isolated incidents," he said.
Cassandra Yelverton, a spokeswoman for the institute, said the colleges
include such Illinois institutions as the University of Illinois-Urbana,
MacMurray College in Springfield, Eastern Illinois University in Charleston,
DePaul University in Chicago, Northwestern University in Evanston, Northern
Illinois University in De Kalb, the University of Western Illinois in Macolmb,
Aurora University in Aurora and the University of Chicago.
Victims of hate crimes feel isolated and are afraid to carry out activities
of daily life, according to Bayh. The effect of such a crime on a victim may
last for years, he said.
Simon predicted passage of the bill. However, ""I don't want anyone to be
sanguine," he said. ""We do face the possibility of a filibuster."
A similar measure last year passed the House and the Senate Judiciary
Committee, but floundered after North Carolina Senator Jesse Helms tried to
amend it with language denouncing homosexuality.
LEXIS® NEXIS® LEXIS® NEXIS
Services of Mead Data Central
PAGE
5
LEVEL 1 - - 3 OF 3 STORIES
The Associated Press
The materials in the AP file were compiled by The Associated Press. These
materials may not be republished without the express written consent of The
Associated Press.
February 22, 1989, Wednesday, AM cycle
SECTION: Washington Dateline
LENGTH: 383 words
HEADLINE: Lawmakers Push For Hate Crime Reporting Requirement
BYLINE: By CHRISTOPHER CALLAHAN, Associated Press Writer
DATELINE: WASHINGTON
KEYWORD: Hate Crimes
BODY:
The Justice Department must collect and publicize data on "hate crimes" 50
attacks against people based on race, religion, ethnic background and sexual
orientation can be fought more effectively, lawmakers from both parties said
Wednesday.
"There is prejudice abroad in the land. By ignoring it, we silently condone
it," said Rep. Barbara B. Kennelly, D-Conn. "By documenting its existence,
incident by incident, we are forced to face its reality, whereby we begin to
find a solution."
Such hate crimes are now reported to the federal government only as assaults,
arson, vandalism, threats or homicides without details of their roots in
discrimination.
The House passed the Hate Crime Statistics Act last year, but the measure
died in the Senate.
Congressional aides said the measure failed last year because Sen. Jesse
Helms, R-N.C., wanted to strip out mention of "sexual preference" in the final
days of the session. Sen. Paul Simon, D-I11., the bill's Senate author, refused
and time ran out.
But this year, advocates are confident the bill will be enacted. An aide to
Helms said she did not know what position the conservative senator would take on
the legislation, but supporters said they were pushing the measure early to give
themselves enough time to circumvent any Helms opposition.
Proponents again vowed not to remove the sexual preference language from the
bill. Maine Attorney General James Tierney warned that such a move could send a
signal of condoning crimes against homosexuals
Simon planned to bring the measure up for a vote in the Senate Judiciary
Committee as early as next week, and Mrs. Kennelly predicted easy passage in the
House.
LEXIS® NEXIS® LEXIS® NEXIS
Services of Mead Data Central
PAGE
6
The Associated Press, February 22, 1989
Baltimore County Police Col. Leonard J. Supenski said the measure would have
a tangible effect on police trying to cope with hate crimes by pointing out
problem areas and trends.
"We simply must have reliable information," said Supenski. "Who is involved?
What happened? What does it look like? Where is it happening? How often? To how
many victims? By whom? Answers to these questions are important in assessing the
needs of the victim and the community in order to determine appropriate police
response."
"You can't deal with the problem if you don't know the reality of the facts,"
added Sen. Howard Metzenbaum, D-Ohio.
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THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
April 3, 1989
STATEMENT BY MARLIN FITZWATER
ASSISTANT TO THE PRESIDENT AND PRESS SECRETARY
President Bush met this morning for approximately one hour and
five minutes with representatives of the families of victims of
Pan Am Flight 103. President Bush expressed his sorrow and deep
concern with respect to the families of the victims of this
tragic incident. President Bush said he had read some of the
letters from families and was generally aware of their concerns.
The following representatives attended: Burt Ammerman, Joe
Horgan, Paul Hudson, Wendy Giebler, and Vicki Cummock. The group
discussed their concern for airport security and various efforts
that might be taken to improve it. They had discussed these
matters with Secretary of Transportation Samuel Skinner.
Secretary Skinner will address many of these concerns, along with
other announcements on airport security, at a press conference
later today. The group also discussed the government's liaison
with them in the aftermath of the incident.
President Bush asked Secretary Skinner to remain in contact with
the group and to keep them advised of security issues of concern
to them. The meeting was sensitive, solemn and productive. The
families appreciated the President's sincerity and the
opportunity to discuss the issue with him.
Also attending the meeting were Secretary Skinner, Governor
Sununu and General Scowcroft.
# # #
Hate crime stats
from L.Grary.
Document Originally
SOCIAL POLICY
ment trial and that Hastings won the
entation. Only certain serious crimes,
earlier judgment because he lied.
such as murder, rape, assault and ar-
CONFIRMATION
The Senate will hear one-hour ar-
son, would be tracked.
guments from attorneys for Hastings
The bill is intended to provide a
Bennett Approved
and for the House managers before it
national data base that would be used
votes. The matter was postponed from
to monitor the extent of crimes of
As 'Drug Czar'
March 8-9 because of the protracted
prejudice.
debate on the nomination of John
The committee passed the bill
The often controversial William
Tower to be secretary of defense.
unanimously by voice vote. However,
J. Bennett passed quietly through a
(Tower debate, p. 530)
Strom Thurmond, R-S.C., and Charles
confirmation process and was ap-
None of the 13 other impeachment
E. Grassley, R-Iowa, expressed concerns
proved by the Senate March 9 as di-
proceedings that have come to the
about the cost and standards for collec-
rector of the new Office of National
Senate during its history has involved
tion of data. Grassley cautioned that a
Drug Control Policy.
an earlier acquittal.
criminal's motivation might not be eas-
The Senate voted 97-2 to confirm
House managers maintain that con-
ily determined. He also contended that
Bennett, who was described on the
stitutional separation of powers re-
the bill delegated a responsibility to the
floor as honorable, capable and inde-
quires Congress to make an indepen-
attorney general that should be Con-
fatigable. (Vote 21, p. 549)
dent judgment, irrespective of the
gress', that of setting criteria for defin-
Opposing the nomination were
outcome of a criminal case. They say an
ing "hate crimes."
Jeff Bingaman, D-N.M., and Paul Si-
impeachment is not a criminal proceed-
Simon maintained that the attor-
mon, D-Ill., both of whom criticized
ing and therefore the constitutional
ney general is the appropriate author-
Bennett's leadership as secretary of
prohibition against double jeopardy
ity to establish such guidelines. Simon
education during the Reagan adminis-
(being tried twice for the same offense)
also said that eight states now collect
tration.
does not apply. (Weekly Report p. 451)
similar crime statistics and that none
Earlier in the day, the Senate Judi-
The House vote to impeach Has-
has reported significant costs.
ciary Committee approved the nomi-
tings stemmed from an alleged 1981
In 1988, the Congressional Budget
nation 13-1. Simon, the lone oppo-
bribery scheme and Hastings' alleged
Office estimated the cost of a similar
nent, said he feared that Bennett, who
leak of wiretap information in 1985.
bill at between $1 million and $10 mil-
was secretary from 1985-88 and an
The 16 articles of impeachment Has-
lion annually.
outspoken critic of the nation's educa-
tings wants dismissed allege conspir-
The Justice Department, in a
tion system, offered "a lot of visibility
acy to accept a bribe, perjury and un-
March 8 letter to Judiciary Committee
but not much action."
dermining the judiciary's integrity.
Chairman Joseph R. Biden Jr., D-Del.,
A spokesman for Bingaman said
Even if Hastings' motion is ap-
generally supported the bill but raised
after the Senate vote that Bingaman
proved. a Senate trial on the remaining
questions about the difficulties of col-
also questioned Bennett's lack of law-
charge - that he improperly disclosed
lecting the data. Assistant Attorney
enforcement experience.
confidential information learned in
General Thomas M. Boyd wrote, "Par-
Bennett generally has attracted
1985 as the supervising judge of a wire-
ticularly when a common crime is com-
widespread support from senators and
tap is virtually assured.
mitted by a member of one racial or
little public complaint since his Jan.
Once the Senate votes on Hastings'
ethnic group against a member of an-
12 nomination by President Bush.
motion to dismiss the 16 articles, it
other such group, it will be difficult to
(Weekly Report p. 450)
will immediately take up a resolution
apply objective criteria to determine
(S Res 38) that would allow the case to
reliably whether the crime was moti-
National Drug Strategy
be heard by a special committee
vated by race, ethnicity, personal ani-
The drug director's job was cre-
rather than by the full Senate.
mosity or financial gain."
ated in the 1988 anti-drug-abuse law
The bill would require data to be
(HR 5210 PL 100-690) cleared by
collected in 1990-95 on crimes of murder.
Congress last Oct. 22. (Background,
non-negligent manslaughter, forcible
1988 Weekly Report p. 3145)
LAW ENFORCEMENT
rape, aggravated assault, simple assault,
Bennett will be required to con-
intimidation, arson, and destruction,
sult with the heads of all federal agen-
'Hate Crimes' Bill
damage or vandalism of property.
cies responsible for drug-related pro-
The bill is similar to S 702, which
grams and to prepare a national drug
Backed by Panel
was approved by the Senate Judiciary
strategy within 180 days of confirma-
Committee last year. That bill did not
tion.
make it to the Senate floor, but the
The goal of a national strategy,
The Justice Department would
House passed a related measure (HR
Bennett said during his confirmation
collect and publish data on crimes mo-
3193) sponsored by Rep. John Con-
hearings March 1-2. "is a steady re-
tivated by prejudice under a bill ap-
yers Jr., D-Mich. (1988 Weekly Re-
duction in the flow of drugs through
proved by the Senate Judiciary Com-
port p. 2303)
our streets and communities and a
mittee March 9.
Conyers reintroduced his bill (HR
corresponding reduction in the deadly
The so-called "hate crimes" legis-
1048) Feb. 22. He referred to the much
hold they now have over so many of
lation (S 419), introduced by Paul Si-
publicized death of a black man in the
our friends and families and neigh-
mon, D-III., calls for the attorney gen-
Howard Beach area of Queens. N.Y., and
bors."
eral to set criteria for determining
said, "few across the nation, however,
Bennett declined to answer ques-
whether a crime was committed
will ever know about the thousands of
tions about his specific strategies for
against an individual because of his
other lesser known incidents unless in-
heading off drug abuse. He said he
race, religion, ethnicity or sexual ori-
formation about them is compiled."
wanted first to study the situation.
CQ
MARCH 11. 1989 529
February 22, 1989
CONGRESSIONAL RECORD - SENATE
S 1563
The blagest problem for the experts-al-
available suggests that 1988 may have
dence of prejudice based on race, religion,
though it had a relatively minor impact on
been one of the worst years for hate-
sexual orientation, or ethnicity, including
the family's taxes-was calculating the de-
related activity. The Anti-Defamation
where appropriate the crimes of murder,
duction for interest. The 1986 law made
major changes on this deduction.
League of B'nai B'rith [ADL] reported
non-negligent manslaughter; forcible rape;
Ten preparers were wrong in claiming the
that incidents of antisemitic behavior
aggravated assault, simple assault, intimida-
husband's mother, who lived with the
in 1988 rose to a 5-year high. Klan-
tion; arson; and destruction, damage or van-
family all year. as a dependent. Nineteen ex-
watch of the Southern Poverty Law
dalism of property.
perts claimed three times too much depre-
(2) The Attorney General shall establish
Center, which tracks the activities of
cletion on equipment used in the wife's new
guidelines for the collection of such data in-
the white supremacist groups, report-
business.
cluding the necessary evidence and criteria
ed that white supremacist violence ap-
that must be present for a finding of mani-
By Mr. SIMON (for himself, Mr.
peared to surge in 1988.
fest prejudice and procedures for carrying
HATCH, Mr. METZENBAUM, Mr.
While there is little doubt that hate-
out the purposes of this section.
CRANSTON, Mr. KERRY, Mr.
motivated crimes exist and appear to
(3) Nothing in this section creates a cause
BIDEN, Mr. SPECTER, Mr. KEN-
be on the rise, there is no national
of action or a right to bring an action, in-
data base to monitor the real extent of
cluding an action based on discrimination
NEDY, Mr. SIMPSON, Mr. KOHL,
the problem. Without this informa-
due to sexual orientation. As used in this
Mr. LEVIN, Mr. RIEGLE, Mr.
section. the term "sexual orientation"
BURDICK, Mr. MATSUNAGA, Mr.
tion, many questions remain unan-
means consensual homosexuality or hetero-
INOUYE, Mr. BINGAMAN, Mr.
swered. These questions include
sexuality. This subsection does not limit any
DASCHLE, Mr. JEFFORDS, Mr.
whether the attacks that we read
existing cause of action or right to bring an
D'AMATO, Mr. GORE, Mr. PELL,
about are isolated events or symptoms
action, including any action under the Ad-
Mr. GORTON, Mr. SANFORD, Ms.
of a more pervasive problem; whether
ministrative Procedure Act or the All Writs
hate-related violence is more prevalent
Act.
MIKULSKI, Mr. SARBANES, Mr.
in particular sections of the country or
(4) Data acquired under this section shall
ADAMS, Mr. LIEBERMAN, Mr.
BOSCHWITZ, Mr. GLENN, and
in particular kinds of communities;
be used only for research or statistical pur-
Mr. CHAFEE):
whether certain groups are more fre-
poses and may not contain any information
quently victimized than others and
that may reveal the indentity of an individ-
S. 419. A bill to provide for the col-
ual victim of a crime.
lection of data about crimes motivated
whether we are experiencing a resur-
(5) The Attorney General shall publish an
by race, religion, ethnicity, or sexual
gence of racism and other types of
annual summary of the data acquired under
blas.
orientation; to the Committee on the
this section.
The Hate Crime Statistics Act ad-
Judiciary.
(c) There are authorized to bc appropri-
dresses this problem by directing the
ated such sums as may be necessary to carry
HATE CRIME STATISTICS ACT
Attorney General to acquire data
out the provisions of this section through
Mr. SIMON. Mr. President, I rise
about serious crimes which manifest
fiscal year 1994.
today to introduce the Hate Crimes
prejudice based on race, religion,
Statistics Act. I am very pleased that
sexual orientation, or ethnicity. We
Mr. HATCH. Mr. President, I am
29 of my colleagues, including seven
have worked with the Justice Depart-
pleased to join Senator PAUL SIMON
members of the Judiciary Committee,
ment to ensure conformity with their
and others in cosponsoring the Hate
have joined me as original cosponsors
existing programs for data collection.
Crimes Statistics Act. This act re-
of the Act. I want to extend my special
The bill specifically authorizes the At-
quires the Attorney General to ac-
thanks to Senators HATCH, METZ-
torney General to establish guidelines
quire data for the next 5 calendar
ENBAUM, CRANSTON, and KERRY whose
for the collection of data. It also en-
years "about crimes that manifest evi-
leadership on the issue has ensured its
sures that the privacy of crime victims
dence of prejudice based on race, reli-
continued progress. I am also particu-
will be protected by limiting the use of
gion, sexual orientation, or ethnicity.
larly pleased to note that the chair-
data to research or statistical pur-
including where appropriate the
man of the Judiciary Committee, Sen-
poses. The bill is virtually identical to
crimes of murder. nonnogligent man-
ator BIDEN, has added his name to the
S. 702. which unanimously passed the
slaughter, forcible rape, aggravated as-
list of original cosponsors.
Senate Judiciary Committee last
sault, simple assault, intimidation,
Since my introduction of the Hate
summer. It is also similar to H.R. 3193,
arson and destruction, damage or van-
Crimes Statistics Act in the 100th
which overwhelmingly passed the
dalism of property."
Congress. I have spoken on the floor
House last spring.
Under the act, the Attorney General
and in the Judiciary Committee about
Collecting data will not erase bigot-
must establish guidelines for the col-
incidents of hatred and violence which
ry. However, as Elie Weisel so dramati-
lection' of this data to ensure that the
continue to plague our country. Unfor-
cally portrayed in his book Night and
incidents reported truly reflect preju-
tunately, once again, I must report
as Attorney General Thornburgh
dice based on the characteristics delin-
that hate-related violence appears to
wrote in the introduction to ADL's
eated in the bill.
be on the rise. Just a few examples
audit of antisemitic incidents, "un-
This bill is virtually identical to one
demonstrate the extent of the prob-
blinking exposure is the first step in
which was reported favorably by the
lem. In November, a 28-year-old Ethio-
prevention and reform."
Judiciary Committee on a voice yote,
pian man was beaten to death with a
It is my intention to move the bill as
August 10. 1988.
baseball bat as he Was walking down
quickly as possible. I urge my col-
I stress that this act is only about
the street in Oregon. Three members
leagues to join the cosponsors of the
Federal data collection. It creates no
of the largest, most violent skinhead
bill in this effort and work with us for
substantive rights or causes of action,
group in Oregon have been accused of
its prompt enactment. I ask unani-
as made clear by section 2(c). More-
the murder. Also in November. the Ti-
mous consent that the bill be printed
over, it does not direct any State or
fereth Israel Synagogue in San Diego,
in the RECORD.
local government or police agency to
CA, was extensively spray-painted
There being no objection, the bill
take any particular action. I hope,
with antisemitic graffiti. Swastikas
and statements were ordered to be
however, that the data collected under
and other hate-related messages like
printed in the RECORD, as follows:
the act will be useful to state and local
"Adulf lives" were painted on the syn-
S. 419
law enforcement agencies in deploying
agogue walls and stained glass win-
Be it enacted by the Senate and House of
their resources and addressing hate
dows. Also, this fall, the house of our
Representatives of the United States of
crimes in their jurisdictions.
colleague, Rep. MIKE ESPY. the first
America in Congress assembled, That (a)
Mr. President, this act serves a vital
black Congressman from Mississippi
this Act may be cited as the "Hate Crime
purpose. While the Federal Bureau of
since reconstruction, was maliciously
Statistics Act".
(b)(1) Under the authority of Section 534
Investigation, through its Unform
vandalized.
of title 28, United States Code, the Attorney
Crime Reporting [UCR] Program, col-
These stories are just a small sample
General shall acquire data. for the calendar
lects national crime statistics, there is
of the many incidents which occurred
year 1990 and each of the succeeding 4 cal-
no Federal recordkeeping concerning
in 1988 alone. Indeed the limited data
endar years, about crimes that manifest evi-
the occurrence of hate crimes.
1564
CONGRESSIONAL RECORD SENATE
February 22, 1989
Hate crimes are among the most hei-
land, OH. In 1981, members of the
students, Asian homeowners and res-
nous of all crimes because they strike
United Klans of America murdered a
taurant patrons, Jewish workers and
30 deeply at their victims' individuality
black teenager in Mobile, AL In 1980,
Hispanic travelers.
and self-esteem. Differences in the
a former member of the American
Thus, hate crimes are a national
race, religion, and ethnicity of our citi-
Nazi Party murdered two black men
concern and affect citizens who belong
zens should be a source of national
jogging with two white women in Salt
to a variety of groups targeted by the
strength, cultural diversity, and cele-
Lake City, UT, in a sniper attack. This
hatemongers.
bration of our Nation's pluralism.
same individual was later also convict-
In consideration of this problem, I
Hate crimes present a particular
ed of the 1977 bombing of a synagogue
believe it should be clearly understood
threat to the fabric of our free society
in Chattanooga, TN.
that our democratic institutions are
because they use characteristics such
Crimes of violence and vandalism
strong. The overwhelming majority of
as race, religion. and ethnicity to
have been directed against Asian im-
our citizens are intolerant of hate
foster a sense of division and fear
migrants.
crimes and those who perpetrate
among citizens.
A Chinese-American was chased
them. Local, State, and Federal law
For persons who are members of mi-
through the streets of Detroit by a
enforcement agencies have been on
nority groups with a history of mis-
white man and his stepson after a dis-
the job. For example, the Anti-Defa-
treatment or persecution, these crimes
pute at a nighclub. The two whites
mation League of B'nai B'rith cited
understandably create anxiety,
were upset about the impact of Japa-
the Justice Department's superb job in
unease, and concern about the securi-
nese car imports on American Jobs and
ty of their place as Americans in their
prosecuting the hate groups in its 1987
beat the Chinese-American to death
own land or as persons striving to
report, "The Hate Movement Today."
with a baseball bat.
become citizens. Emotional and psy-
Most, if not all. of the incidents I have
Last September 17. on the Jewish
chological scars can result from these
mentioned earlier resulted in the ap-
Sabbath, two teenage boys desecrated
crimes. For Jewish people, who have
prehension and conviction of the
a Brooklyn, NY, synagogue. Swastikas
suffered terribly from persecution, the
were sprayed on the walls. Six pre-
criminals involved. Frequently. there
desecration, vandalism, burning of
clous Torah scrolls were ripped and
is a public outcry about these crimes,
synagogues and stores, defacing of
burned, and the synagogue itself suf-
and local citizens have often rallied to
cemeteries and property with Swasti-
fered heavy damage from fire.
the support of their neighbors who are
kas and Nazi slogans, and physical in-
Last year the Yeshiva High School
the victims of these crimes.
timidation are horrible reminders of
In Doraville, GA, was vandalized and
While I do not feel we face an epi-
such persecution and the bigotry they
spray-painted with anti-Semitic and
demic of these crimes, we do face too
still must sometimes face. For black
racist slogans, such as "Niggers and
many of them. This act will provide a
Americans, who have endured slavery,
Jews, we're coming for you."
useful tool to law enforcement agen-
lynchings, Jim Crow laws, and con-
In the mid-1980's, Hispanic residents
cies to identify those areas where re-
tinuing discrimination, and for other
of Cedartown, GA, were subjected to
sources can be deployed and this prob-
racial and ethnic minorities with a his-
violence because of their ethnicity and
lem better attacked.
tory of ill treatment and discrimina-
resentment about the jobs they were
I want to address two further points.
tion by others, physican violence be-
taking In the community. The cars
Some of my colleagues may be con-
cause of their race or ethnicity is a
owned by Hispanics were rammed by
cerned that this Act provides an impri-
particularly brutal manifestation of
Klansmen In pickup trucks. The trail-
matur for homosexual rights legisla-
hatred. For Catholics, who have faced
ers and homes of Hispanic workers
tion. It does not. As I mentioned earli-
religious prejudice, a cross-burning is
were shot at in the evening hours.
er, it creates no substantive rights or
an act meant to deny the legitimacy of
According to the Anti-Defamation
cause of action, "including an action
their faith. All of these crimes are in-
League of B'nai B'rith in its 1988 audit
based on discrimination due to sexual
tended to deny persons a sense of their
of anti-Semitic incidents, "During
orientation." Section 2(c). Violence or
own worth and their place in their
1988, 823 episodes of vandalism and
other illegal criminal activity specified
native or adopted land.
desecration, and 658 acts of harrass-
in the act directed at a person because
Such crimes must never be tolerated.
ment, threat, and assault against
of sexual orientation, however, is as
The Federal Government can help by
Jewish individuals, their property and
much a local or State criminal offense
compiling reliable data on the inci-
their institutions resulted in the high-
as it is when directed to a person be-
dence of hate crimes. Through the use
est number of anti-Semitic incidents
cause of race, religion, or ethnicity.
of such data. law enforcement agen-
reported in more than 5 years.
Obviously, no one favors the commis-
cies can better address-and seek to
The 1988 vandalism figure represents
sion of the crimes listed in the act for
prevent-these crimes in their commu-
an 18.5 percent increase over 1987.
any reason. If violence or other hate
nities. We currently have no uniform
This is the second straight year
crime activity directed toward persons
method of determining if these crimes
of substantial increase in anti-Semitic
because of their sexual orientation is a
are on the rise and where they are
vandalism after a general 4-year down-
problem that is identifiable through
taking place. This bill is aimed at recti-
ward trend."
this kind of data collection. law en-
fying that information gap.
Some hate groups, loosely connected
forcement agencies can benefit from
We do know that hate crimes occur
to each other, operate in all parts of
the collection of such information.
эcross our country. Not long ago, a
the country. Neo-Nazi "Skinheads" or
The Attorney General. of course, must
black teenager was killed in Howard
"Skins" are youthful gangs which
take care that the data collection is re-
Beach, NY, in a crime of racial hatred.
sprout neo-Nazi rhetcric and preach
liable and truly reflects criminal activ-
In July 1987, a black woman in San
hatred and violence toward blacks,
ity based on prejudice. In short, this
Jose, CA, was terrorized by white su-
Hispanics, Jews, Asians, and homosex-
data collection measure regarding the
premacists making racial threats.
uals. These hate groups can be found
commission of crimes is no precedent
These hate mongers also denied her
all over the Nation, particularly in the
for asserting protected status under
access to a public park. During the
Pacific Northwest, the Southwest, the
our civil rights laws.
winter of 1982-83, the White Knights
Midwest, and the Southeast. Other
Finally, there is one omission in this
of Liberty conducted nighttime cross
white supremacists groups similarly
act which I hope we can correct in
burnings in front of interracial couples
operate ir. more than one region of the
committee or on the floor. The act
in North Carolina. In February, 1982,
country. Sce Hate Groups in America,
does not require statistics to be kept
a member of the Social Nationalist
Anti-Defamation League of B'nai
on crimes that manifest prejudice
Aryan People's Party murriered two
B'rith, 1988. The Justice Department
based on membership or nonmember-
blacks and a white person he errone-
has vigorously prosecuted these
ship in a labor organization. An
ously believed to be a Jewish professor
groups. The victims of racial violence
amendment offered in the committee
and seriously wounded a fourth person
in cases brought by the Department
last year by Senator GRASSLEY, which
at Cleveland State University in Cleve-
include black homeowners and college
I supported. failed by a 7-to-5 vote. I
February 22, 1989
CONGRESSIONAL RECORD SENATE
S 1565
will support the inclusion of such lan-
Committee on Energy and Natural Re-
tion of such contracts between a
guage in the act in this Congress.
sources.
franchisor and franchisee which are
Mr. CRANSTON. Mr. President, I
PETROLEUM MARKETING PRACTICES ACT
closely related to the operation of a
am very glad to join my good friend
AMENDMENTS
retail gasoline facility will also be sub-
from Illinois, Senator SIMON, in intro-
Mr. FORD. Mr. President, today I
ject to the PMPA. In this light, cancel-
ducing this important legislation
am again introducing the Petroleum
lation of contracts which would make
which would direct the Attorney Gen-
Marketing Practices Act amendments,
the operation of the franchise uneco-
eral to collect data on the incidence of
making minor modifications to the act
nomical for the franchisee must be
crimes that manifest prejudice based
consistent with the original congres-
done in accordance with the permissi-
on race, religion, sexual orientation, or
sional intent. Last year, on March 16, I
ble grounds under the act.
ethnicity. This bill is similar to legisla-
introduced identical legislation, and
Third, Mr. President, the legislation
tion I introduced in the 100th Con-
hearings were held on October 4
protects franchisees from being termi-
gress, S. 2000, that was incorporated
before the Senate Energy Subcommit-
nated in situations where the retail
into S. 702 which unanimously passed
tee on Energy Regulation and Conser-
gasoline facility is operated pursuant
the Senate Judiciary Committee last
vation. A similar measure, H.R. 1842,
to a lease negotiated between the
summer. While this is a very simple
passed the House Energy and Com-
franchisor and the owner of the prop-
bill, it represents a significant step
merce Committee on October 20.
erty, and the franchisor allows the
toward addressing the serious problem
The Petroleum Marketing Practices
lease to expire. Under this proposal, If
of the incidence of hate crimes in the
Act was enacted in 1978 to assure fair-
the franchisor intends to let the lease
United States.
ness and equalize the bargaining posi-
expire and the franchisee is able to ne-
Unfortunately, Mr. President, the
tions between franchisors and franchi-
gotiate its own lease agreement with
need for this legislation is obvious.
sees during the renewal or renegoti-
the owner of the property, then the
Across the country there are reports
ation of their agreements. The act at-
franchisee may continue to operate.
that hate crimes motivated by preju-
tempted to promote fair competition,
dice are on the increase. The Anti-Def-
Mr. President, I believe these
prevent unreasonable terminations
amation League of B'nai B'rith recent-
and nonrenewals, and enhance stabili-
changes are straightforward and nec-
ty in the marketing of gasoline at the
essary, and will go a long way toward
ly reported that anti-Semitic incidents
retail level.
assuring that the PMPA is being im-
rose to a 5-year high in 1988, with har-
assment up 41 percent and vandalism
This legislation modifies the original
plemented as initially intended. I urge
up 19 percent from 1987. In June of
act in three important ways to more
my colleagues to join me in cosponsor-
1988, the National Gay and Lesbian
fully realize its intended purposes.
ing this measure and securing its swift
Task Force reported that hate crimes
First, it requires any changes proposed
passage.
directed at gay and lesbian individuals
at the time of renewal of a franchise
increased by 42 percent from 1986 to
agreement to be "fair and reasonable."
By Mr. FORD:
1987. Additionally, the Klanwatch
Present law allows franchise non-
S. 422. A bill to require the Secre-
renewals based on a failure to agree to
tary of Agriculture and the Secretary
project of the Southern Poverty Law
changes or additions to the underlying
of Commerce to conduct a joint study
Center notes that the seriousness of
franchise agreement, so long as such
of commodities and products that may
the problem is reflected in the in-
changes or additions are made "in
be produced and marketed in conjunc-
creased number of Federal prosecu-
tions involving hate crimes during late
good faith" and not "for the purpose
tion with the production of tobacco; to
of preventing the renewal of the fran-
the Committee on Agriculture, Nutri-
1988. According to Klanwatch, the
U.S. Justice Department brought cases
chise relationship". This standard poses
tion, and Forestry.
against 16 defendants in 10 cases of ra-
the danger of requiring overly subjec-
STUDY OF COMPLEMENTARY COMMODITIES AND
cially motivated violence in the last 4
tive assessments of the motivation un-
PRODUCTS OF TOBACCO PRODUCERS
months of 1988, compared to 13 cases
derlying changes or additions to the
Mr. FORD. Mr. President, today I
brought in the entire year preceding
franchise agreement. And it is incon-
am reintroducing legislation to require
September 1988. Additionally, during
sistent with other areas of the act
a study identifying commodities and
1988, Klanwatch received reports of
where the "reasonableness" standard
agricultural products with production
hate crime incidents in 35 States and
is followed.
and marketing requirements comple-
the District of Columbia; of the re-
For instance, Mr. President, termina-
mentary to those of tobacco. Given
ported hate crimes, 27 percent were di-
tion or nonrenewal of a franchise is
the cyclical, labor-intensive nature of
rected at Jews, 56 percent directed at
permissible upon the occurrence of a
tobacco production and marketing,
blacks, and 17 percent directed at
relevant event, categories of which are
such a study would be helpful in dem-
others.
delineated in the act, which makes
onstrating to farmers the manner in
In spite of this evidence, Mr. Presi-
such termination or nonrenewal "rea-
which they can get the most from
dent, there is no national system for
sonable." In addition, termination or
their resources.
collecting data on the severity, pat-
nonrenewal is allowed where the
Tobacco remains the mainstay of
tern, and location of these hate
franchisee fails to comply with any
Kentucky agriculture. It is the very
crimes. With this information, law en-
provision of the franchise which is
nature of tobacco, yielding a gross
forcement officials and prosecutors
both "reasonable" and of "material
return of $3,500 per acre, that has en-
will be better able to utilize their re-
significance." And the act allows non-
abled Kentucky agriculture to diversi-
sources and to target specific neigh-
renewal where the franchisor deter-
fy. Kentucky ranks 12th among States
borhoods or organizations for special
mines, in good faith. that the continu-
in corn production, and ranks in the
attention. Some States have already
ation of the relationship would be un-
top 20 in the production of soybeans.
recognized that this data is a valuable
economical despite any "reasonable"
hay, winter wheat, and sorghum. Its
law enforcement tool and have adopt-
changes or additions which might be
livestock operations are equally di-
ed their own system for tracking the
made to the agreement. I believe the
verse, ranking 12th in the number of
incidence of hate crimes. But these in-
"fair and reasonable" standard will
cattle and calves used in beef and
dividual efforts are not enough.
enable changes or additions to be
dairy production, and 14th in hog pro-
Racism and bigotry are clearly nation-
viewed in a much more objective
duction.
al problems, and we need a national
manner. consistent with the purposes
There are 99,000 farms in Kentucky,
solution.
and other provisions of the act.
and nearly all are involved in some
For these reasons, I urge my col-
Second, the legislation clarifies the
form of tobacco production. Despite
leagues to support this legislation.
definition of "franchise" to make clear
the appearance of diversity in Ken-
that all contracts "economically neces-
tucky agriculture, it is tobacco that
By Mr. FORD:
sary to the operation of the franchise"
makes up 20 percent of the total farm
S. 421. A bill to amend the Petrole-
will be considered part of the fran-
receipts and more than half of all crop
um Marketing Practices Act; to the
chise agreement, so that the termina-
receipts, all on just over 1 percent of
1602
CONGRESSIONAL RECORD - SENATE
February 22, 1989
moments which have shaped the desti-
United States to stop the worldwide
partment of Taxation and Finance,
ny of black society.
danger imposed by this abhorrent
and supreme court law secretary, 11th
Mr. President, "Speak Of Me As I
form of warfare.o
judicial district, Queens County.
Am" is an exciting choreographed pro-
While in Albany, Senator Knorr did
duction with specially designed sets
THE HATE CRIME STATISTICS
not forget his civic responsibilities
and theatrical lighting effects. It is ex-
ACT
back home in Queens, and served as
uberant, subtle, informative and excit-
president of the associated organiza-
ing. I am extremely proud to pay trib-
Mr. D'AMATO. Mr. President, I am
tions of Ridgewood, Glendale, Ma-
ute to the Town and Gown Theater
pleased today to join several of my col-
speth and Middle Village: founder of
and I congratulate them on a magnifi-
leagues in cosponsoring the Hate
the west Queens Coordination Civil
cent performance. I hope that my col-
Crimes Statistics Act. This is a simple,
Council; member of the board of trust-
leagues and others in Washington had
yet very important measure that
ees of Christ the King Regional High
the opportunity to take advantage of
merits swift passage.
School in Queens; and several other
seeing one of my State's greatest
This bill directs the Attorney Gener-
community groups.
treasures
al to collect and publish statistics indi-
Over the years, Martin Knorr served
cating the nature and extent of crimes
with distinction, and earned the re-
motivated by bigotry and based on
THE CHEMICAL AND BIOLOGI-
spect of both those he represented,
hate for certain racial, ethnic, and reli-
CAL WEAPONS CONTROL ACT
and those who served with him. The
glous groups, among others. It may
OF 1989
people of Queens, and the entire State
come as a surprise to many that at
of New York will certainly miss his
Mr. D'AMATO. Mr. President, today
present no such collection effort is
presence in Albany. I salute Senator
I Join 19 of my colleagues as a cospon-
mandated. The truth is that data on
Knorr on his lifetime record and ac-
sor of the Chemical and Biological
hate crimes is collected, at best, in a
complishments. I know that my col-
Weapons Control Act of 1989. The
haphazard and sporadic manner, ex-
leagues will want to join me in wishing
evenly bipartisan sponsorship of this
clusively on the State and local level.
Marty a happy and fruitful retire-
measure indicates the universal recog-
This legislation will assure, hence-
-ment.
nition of its importance.
forth, the prosecution of a coordinated
The resurgence in the use and
and centralized data collection effort.
spread of chemical and biological
If America is to preserve its cultural,
NATIONAL ARBOR DAY
weapons has reached a global crisis
ethnic, and religious diversity, we
Mr. D'AMATO. Mr. President, I rise
level, demanding immediate and
must bring down upon those who
today to give my support to Senate
strong action The most distressing
would blemish our cultural fabric a
Joint Resolution 40, a resolution intro-
turn of events in the past quarter cen-
legal and moral wrath. To effectively
duced by my neighbor from New
tury has been the increasing availabil-
deal with the bigots among us, we
Jersey. Senator BRADLEY. National
ity of these weapons to Third World
must substitute our reliance on anec-
Arbor Day designates "the last Friday
countries who show little restraint in
dotal evidence with hard data. This
in April" as a time to give special rec-
unleashing them on their immediate
data will serve as an important tool tn
ognition to trees, a vital part of our
neighbors. The specter haunting our
a campaign of public awareness, and
environment.
future is the proliferation of this tech-
will bolster the power of bully pulpits
Trees are an important natural re-
nology to the point that irresponsible
nationwide.
source; trees stabilize our environ-
powers can threaten territories far
This bill came within a razor's edge
ment, provide raw materials, and add
beyond their own borders through the
of passing last Congress. The House
to our nature's beauty. However, we
use of ballistic or cruise missiles.
passed it by substantial margin and
may lose our forests forever If we do
The New York Times recently called
the Senate Judiciary Committee re-
not preserve and protect them today. I
chemical and biological weapons the
ported it unanimously. It was the sub-
commend Senator BRADLEY in taking
"poor man's atomic bomb." While
ject of close negotiations in the
the initiative in recognizing this
their effects are not of the scale of a
waning hours of the 100th Congress,
danger. I am proud to join him as a co-
modern nuclear device, the horror is
and most surely would have passed but
sponsor of this resolution, and urge
comparable; chemical and biological
for adjournment.
my colleagues to do the same.
weapons have the same characteristics
Their is no question that this bill
of massive, indiscriminate, and linger-
enjoys widespread. hipartisan support,
ing destruction. The ready availability
as well it should. Any Member con-
FIFTIETH ANNIVERSARY OF
of the component chemicals com-
cerned about the integrity of diversity
BOONVILLE, MO, LIONS CLUB
pounds the problem, making the
in America should support this bill.
spread of such weapons easter. The
Mr. President. be it a swastika paint-
Mr. DANFORTH. Mr. President, I
difficulty in monitoring production of
ed on a synagogue or a cross burned
am pleased to offer my enthusiastic
poison agents by belligerents is dem-
on a lawn, hate crimes must not be tol-
congratulations to the Boonville, MO,
onstrated by the case of the Libyan
Lions Club which celebrates its 50th
erated. I urge my colleagues to join us
chemical plant near Tripoli which can
in sending a message across the land.
anniversary on February 25, 1989.
be converted to the productions of
Long before President Bush spoke of
pharmaceuticals in order to cover its
a "thousand points of light," the Lions
NEW YORK STATE SENATOR
sinister purpose.
sparkled in Boonville. Over the years
MARTIN J. KNORR
Mr. President, the aim of the Chemi-
they have been recognized for their
cal and Biological Weapons Control
Mr. D'AMATO. Mr. President, I rise
tireless work to aid both research and
Act of 1989 is to punish those coun-
today to pay tribute to a respected
victims of sight and hearing impair-
tries who openly show their disregard
former member of the New York State
ments, diabetes, and other maladies.
for the 1925 Geneva protocol. Presi-
legislature on his retirement. For 35
Always a strong force in local char-
dent Bush has said:
years, the Honorable Martin J. Knorr
ities, they truly embody their motto:
represented Queens. NY, in both the
"We Serve."
Nations guilty of chemical warfare must
pay a price. They must know that violation
New York State Assembly and Senate.
The Lions Club of Boonville has en-
of the ban against the use of such weapons
Senator Knorr's lifetime of public
joyed 50 years of achievement through
carries a heavy penalty. Not just a fine or a
service includes more than just his leg-
good deeds and good fellowship, I
minor sanction that can be ignored.
islative experience. Prior to his elec-
salute them.
Mr. President, this act is intended to
tion to the New York Assembly, he
get and hold the attention of those na-
was the assistant attorney general of
New York State, law assistant of the
RACHEL VERMILLION
tions which may contemplate the use
of chemical and biological weapons. It
surrogate court of Queens. associate
Mr. McCONNELL. Mr. President, I
will demonstrate the resolve of the
attorney of the New York State De-
rise today to insert into the RECORD a
February 22, 1989
CONGRESSIONAL RECORD-SENATE
1609
are likely to go to trial in the next few
posal. I expect to be able to make a detailed
American Culturual Center at Yale
months.
announcement about the plan, and about
University within the same 24-hour
In Ventura County, Deputy DA Carol
additional DNA-related proposals, within
period.
Nelson is handling the People V. Lynda
the next month.
Arell, a murder case which was originally set
Make no mistake about It. The future of
Overall in Connecticut, there were
for trial yesterday, but which is now expect-
this technology as a tool of justice tn Call-
27 hate crimes from July to December
ed to begin In March or April. While no
fornia is very bright.
of 1988. We know that fact because
DNA evidence was introduced in the prelim-
And yet, there are days when no part of
Connecticut has a new law requiring
inary hearing. it is expected to be used at
life looks bright. Yesterday I traveled to
the State police to maintain statistics
trial.
Stockton to attend the memorial service for
on hate crimes-a law I was pleased to
The evidence consists of approximately
the five children who were murdered In
support as attorney general. That is
sixty human hairs, some of which have been
their schoolyard. As I prayed with the
analyzed by the Cellmark Company. This
mourners. I felt that special grief we in law
what the Hate Crimes Statistics Act of
case will provide a very clear test because
enforcement feel when we are sworn to pro-
1989 is all about. We have reason to
there is virtually no other physical evidence,
tect the innocent but we cannot do it.
believe hate crimes are on the increase
and conventional methods of forensic analy-
Usually there is no action we can take at
nationally, but there are no compre-
sis were attempted to no avail.
such moments, no consolation except to re-
hensive, accurate, up-to-date statistics
Meanwhile, In Orange County, Deputy DA
double our efforts to prevent the violence-
kept on the national incidence of such
Dennis Bauer is handling the People V.
and, when we cannot, to seek out and
crimes.
Danny Harris, a case invelving as many as
punish those responsible.
But in this case I feel there Is something
Such data would be very useful to
63 counts of serial rape, which is expected
to reach trial in May or June. There will be
very specific that we can do, something very
law enforcement organizations, State
an admissibility hearing in February or
tangible that this organization can help ac-
and local governments, the media,
March.
complish. We can halt the legal sale of
antidiscrimination organizations, and
This case, too, is a real showcase for DNA
weapons like the one that was fired on
the general public. Investigators will
evidence. During the period when the
those children-and is fired every day on
be able to assess whether certain at-
crimes were committed, two serial rapists
the gang-infested streets of our cities, all to
with very similar MO's were working In
often at policemen in the line of duty.
tacks are isolated incidents or symto-
Orange County. Using conventional meth-
Military assault rifles must be banned in
matic of pervasive problems, whether
ods, it would have been impossible to say
California. That much we can do in memory
hate-related violence is more prevalent
which of the two suspects was responsible
of those five young lives.
in certain regions or communities, and
for many of these crimes. Through DNA
And, in the broader sense, there is also
whether particular groups are suffer-
analysis, however, suspect Harris has been
something else that we can do. We can give
ing greater numbers of attack.
tied conclusively to five cases.
police and prosecutors in this state the
Organizations such as Klanwatch,
There are other cases in the works in DA's
finest support available anywhere in the
offices around the state, but these two are
world.
the Southern Poverty Law Center, and
likely to provide the first critical tests of
We can use new technologies like DNA
the Anti-Defamation League do what
DNA evidence In California. We wish the
wisely and well to protect the public. We
they can to gather information on
prosecutors well. We are confident that
can use every resource to ensure that justice
hate crimes, but they cannot do it
they will prevail.
in California is swift and justice is sure. For,
alone. The Hate Crimes Statistics Act
After we take our first tentative steps In
in the end, that is the best and perhaps the
of 1989 addresses this problem by re-
court, we must be ready to hit full stride
only protection we can offer the innocent.
quiring the Attorney General and the
with this technology. That will be both com-
Justice Department to collect data on
plicated and expensive. Very few crime labs
In the state will be capable of doing this
HATE CRIMES STATISTICS ACT
crimes which manifest prejudice based
work. And It is important that those who
OF 1989
on race, ethnicity, sexual orientation,
can do it do it the same way.
Mr. LIEBERMAN. Mr. President, I
or religious preference; acts which vio-
Researchers have developed more than
am proud to rise as a cosponsor of the
late the free exercise of civil and con-
500 different DNA probes to date. If LPAD
uses one series, while the LA Sheriff's
Hate Crimes Statistics Act of 1989,
stitutional rights.
Office uses another. we're all going to waste
which is being introduced by my col-
Collecting data alone will not erase
leagues Senator HATCH and Senator
bigotry. But without the facts, we
a lot of time and money. No single agency,
no matter how large or sophisticated, can
SIMON.
cannot hope to mount a coordinsted,
manage this project in spiendid isolation.
Hate crimes are a growing problem
national response to hate crimes.
Uniform local, state and federal standards
in the United States. The Southern
Cross burnings are more than "arson."
are essential.
Poverty Law Center reported that in
Painting swastikas on a synagogue is
The Attorney General's DNA Advisory
Board. along with the California Criminalis-
1988, racial violence was on the up-
more than "vandalism." Such acts in-
tics Institute, or C.C.I., and the F.B.I., have
swing, due in part to the disturbing
timidate and harass not just the imme-
been working on that problem for the past
proliferation of violent. racist Skin-
diate victim, and not just the group
head gangs throughout the country.
represented by the victim. but all of us
year. We are now prepared to establish a
state-wide system of standardized DNA lab-
In a special report on hate crimes in
who believe in the principles of the
oretory work to support criminal investiga-
1988, the Klanwatch Intelligence
Constitution.
tion and prosecution in California
Report notes that Skinheads were
Passage of this bill Is critical to un-
The CACLD and BFS have recommended
linked to four murders and two-thirds
derstanding the national scope and
a regional approach, funded on a state/local
of the racial assaults documented by
magnitude of the problem of hate
cost-sharing basis-along the lines of the
Klanwatch last year.
crimes. It is an important first step
Cal-ID fingerprint system. Their proposal
calls for three to five regional DNA labs in
Crime motivated by religious hatred
toward the goal of eradicating bigotry.
has also risen over the past year. The
The 101st Congress has a significant
California. One will be run by the Depart-
ment of Justice. The others will be staffed
Anti-Defamation League reported that
opportunity to take that step, and I
by host law enforcement agencies.
in 1988, 823 episodes of vandalism and
urge my colleagues to join me in sup-
The state will provide equipment and fa-
desecration and 458 acts of harass-
port of this legislation.
cilities for each laboratory. Host agencies
ment, threats, and assaults were com-
will provide the personnel. C.C.I. will pro-
vide training and general supervision. The
mitted against Jews, their property
and their institutions-the highest
1988 CAMPAIGN SPENDING
result will be an efficient system for making
the technology readily available throughout
number in 5 years.
Mr. BOREN. Mr. President, the
California.
Hate crimes are on the increase in
election spending to win a seat in this
The DNA Advisory Board has accepted
my State of Connecticut. From 1987 to
body has once again set a new record.
the recommendation in concept. And a
1988, there was a threefold increase in
Through the 1988 election cycle, the
budget request to fund initial development
the number of anti-Semitic incidents
sad fact is: the average cost to win a
has been submitted Unfortunately, the
in Connecticut, including the burning
seat in the U.S. Senate was $4,083,308.
Governor disapproved It for fiscal reasons.
of a synagogue in West Haven and the
This compares with just over $3 mil-
So, we will have to take this proposal direct-
desecration of a Holocaust memorial
lion in the 1986 cycle.
ly to the Legislature.
We are preparing legislation that will give
in-New Haven. The latter case was ac-
Mr. President, this again illustrates
specific form to the regional laboratory pro-
companied by vandalism at the Afro-
that we are becoming a "Congress on
H 324
CONGRESSIONAL RECORD - HOUSE
February 22, 1989
out literally for a scries of events that
Right now, we rely only on spotty,
Mr. KOSTMAYER. Mr. Speaker.
led to her not being able to pay the ex-
anecdotal information. This bill sets
yesterday the prominent Czech play-
isting debt. The authoritics acted be-
up a system whereby hate crimes are
wright, Vaclav Havel, was sentenced to
cause they had no other choice.
added to the standard Federal crime
9 months in prison for participating in
But the community, which hap-
data collected.
rallies protesting the 1968 Soviet inva-
pened to be my own hometown, react-
The hate crimes statistics bill, which
sion of Czechoslovakia.
ed very promptly and promised Itself
has been the subject of hearings and
Vaclav Havel has been nominated by
that this spectacle should never
scrutiny, has already passed the House
the Helsinki Commission to receive
happen again.
of Representatives. I urge my col-
the 1989 Nobel Peace Prize. His arrest
Again, I am introducing a piece of
leagues to Join me in supporting this
has been protcsted, as surely his Im-
legislation which would amend the
legislation, and I look forward to the
prisonment will be, by many brave
Older Americans Act providing for a
day when it becomes law. I hope that
Czechs.
State plan whereby If the point should
day is soon.
Appeals on Havel's behalf have been
be reached of eviction in any case in-
made by leading American literary fig-
volving a person over 65 years of age,
INTRODUCTION OF HEALTH
ures, including Arthur Miller and the
there should be a delay period so that
Pen American Center-who this week
CARE SAVINGS ACCOUNTS
the community's area agency on aging
are protesting Iranian persecution of
(Mr. SLAUGHTER of Virginia asked
or other agencies can come to the aid
Author Salman Rushdie. Thirty Mem-
of that person and smooth the transi-
and was given permission to address
bers of the House have written to the
the House for 1 minute to revise and
tion for whatever the legal act should
President of Czechoslovakia, Gustav
extend his remarks.)
call for at that time. I ask my col-
Husak, calling for the immediate re-
Mr. SLAUGHTER of Virginia. Mr.
leagues for cosponsorship of this legis-
lease of Havel.
Speaker. our Nation faces many press-
lation.
The men who lead Czechoslovakia
ing health care needs. While the 101st
must not be under the Illusion that
Congress may consider worthwhile
their acts of repression will go unno-
HATE CRIMES STATISTICS BILL
proposals to address these needs
ticed anywhere in the world. Neither
through an expansion of Federal pro-
trade or other relations with the
(Mr. MINETA asked and was given
grams, it is doubtful that the Federal
United States can improve until
permission to address the House for 1
Government alone can meet our Na-
Czechoslovakia demonstrates that It
minute and to revise and extend his
tion's health care needs without first
has the courage to join the Soviet
remarks.)
pulting our endangered Medicare Pro-
Union's first. tentative reforms re-
Mr. MINETA. Mr. Speaker, today
gram back on sound financial footing.
specting public debate and personal
my good friend and distinguished col-
In their 1988 annual report to Con-
liberties.
league, JOHN CONYERS, is introducing
gress, the Medicare trustees estimated
The spirit of Josef Stalin must not
the hate crimes statistics bill, a bill
that because of our aging population
be renewed. Free Vaclav Havel now.
which is necessary and long overdue.
by the year 2005 the Medicare trust
Nearly every day, I hear of a differ-
fund will be bankrupt and therefore
ent tragedy-a beating. an act of van-
unable to pay promised benefits to
1420
dallsm, or sometimes murder-which is
current and future retirees. The trust-
CHILD SUPPORT ENFORCEMENT
motivated by the hatred of one Ameri-
ees have repeatedly urged Congress to
AMENDMENTS OF 1984-EXTEN-
can for another.
act promptly to put Medicare on
SION
The victims are not only the Indian-
sound footing, or face the prospect of
American in New Jersey, who was
enacting a substantial tax increase, a
(Mr. SCHULZE asked and was given
beaten to death because he wore a
cut in benefits, or both.
permission to address the House for 1
small dot on his forehead; or the
That is why I am reintroducing the
minute and to revise and extend his
recent Ethiopian immigrant in Port-
Health Care Savings Account Act
remarks.)
land, OR, who was killed because he
today, along with 29 of our colleagues.
Mr. SCHULZE. Mr. Speaker, today, I
was African-American; or the family,
This legislation will allow individuals
am introducing legislation which
originally from Laos, who moved from
to contribute during their working
amends section 464(c) of the Social Se-
State to State not only in search of
years to voluntary tax-favored savings
curity Act to force delinquent parents
work but to escape the brutality which
accounts to pay for health care necds
to take more responsibility for the
followed them solely because they
in retirement. As an incentive, individ-
care and welfare of their children.
were from Southeast Asia.
uals would receive a 60-percent income
Single mothers with adult physically
These people are the innocent vic-
tax credit for their contributions, and
or mentally handicapped offspring
tims of hate. But as long as this
would be required to use the accumu-
often must bear single handedly the fi-
scourge continues, all of us, and our
lated funds for their health needs in
nancial burdens of the costly care that
institutions, are also victims.
retirement before making claims on
these special individuals require. My
I could go on and on with a sad and
Medicare. By thus reducing claims
legislation will extend a provision of
shocking litany of such events. Hate
on-and expenses by-Medicare, our
the Child Support Enforcement
crimes are certainly not on the de-
bill can put Medicare on sound finan-
Amendments of 1984 allowing the U.S.
crease in our Nation.
cial footing for all retirees, including
Treasury to "intercept" a delinquent
What other acts could be more anti-
those who choose not to exercise this
parent's Federal income tax refund
thetical to our ideals and principles?
new option. Besides financing doctor
and transfer the intercepted funds to
We are a nation founded on freedom
and hospital bills now covered by Med-
the party owed the money.
and the concept of equal rights for all.
icare, health care savings accounts
Federal law states that submission
Our greatness comes from our diversi-
could help individuals pay for long-
for the interception of funds may be
ty and the blood and sweat of immi-
term care insurance, home-care, and
made only on behalf of minor chil-
grants from every corner of the globe.
prescription drugs.
dren. Current law is inadequate be-
When one of our citizens terrorizes an-
Mr. Speaker. I urge my colleagues to
cause it does not allow for situations
other because of differences of race,
protect Medicare's future by adopting
where the person owed child support
religion, sexual preference, or culture,
the Health Care Savings Account Act.
is no longer a minor but remains fully
the very core of our principles is
dependent of the custodial parent due
threatened.
to a mental or physical disability. My
There is no question that these
VACLAV HAVEL
legislation will, however, extend the
crimes and the attitudes which permit
(Mr. KOSTMAYER asked and was
law-to allow single parents with phys-
them must be confronted. Yet, how
given permission to address the House
ically or mentally handlcapped adult
can we begin to fight them, when their
for 1 minute and to revise and extend
offspring to collect past-due child sup-
depth and scope are unknown?
his remarks.)
port on behalf of the offspring. The
February 22, 1989
CONGRESSIONAL RECORD - Extensions of Remarks
E 465
be blacks, Hispanics, Southeast Asians, Jews,
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
promote her political and economic develop-
and gays and lesbians.
There are authorized to be appropriated
ment.
The study further indicates that while most
such sums as may be necessary to carry out
this Act for fiscal year 1991 through fiscal
Although Sri Lanka has experienced epi-
States have enacted some legislation target-
year 1996.
sodes of violence between the two major
ing hate crimes, only a few have thus far en-
acted laws mandating the collection of data
SECTION-BY-SECTION ANALYSIS
enthnic communities, the Sinhalese and the
on them. Maryland became the first State to
Section one of the bill provides that the
Tamils, over the past few years, a couple of
short title of the legislation is the "Hate
positive developments give hope that lasting
collect statistics on hate crimes when in 1981
Crimes Statistics Act".
peace will come to Sri Lanka. In July 1987, Sri
it required its State Police to collect the data
Section two of the bill requires the Attor-
Lanka and India signed a peace accord which
and provide monthly summaries to the Mary-
ney General, under the authority of 28
has helped to reduce terrorist activity. Late
land Human Relations Commission. In 1986,
U.S.C. 534 (which provides for the acquisi-
last year, Sir Lanka successfully completed a
Pennsylvania required its police agencies to
tion, preservation, and exchange of identifi-
presidential election in which Ranasinghe Pre-
file monthly reports on hate crimes with the
cation records and Information, and the ap-
madasa was elected prime Minister on De-
State Police Bureau of Community Services.
pointment of officials) to acquire data on
crimes that manifest prejudice based on
cember 19, 1988. As we congratulate Sri
Connecticut, Illinois, and Oklahoma enacted
race, religion, homosexuality or heterosex-
Lanka on their 41st anniversary, I would like
laws in 1987 requiring the collection of data
uality, or ethnicity. The crimes for which
to reaffirm the commitment of the American
on hate crimes.
data will be collected include homicide, as-
people in assisting Sri Lanka to once again
To facilitate the investigation and prosecu-
sault, robbery, burglary, theft, arson, van-
enjoy the benefits of economic prosperity and
tion of hate crimes, some police departments
dalism, trespass, and threat. The data ac-
social tranquility.
have established bias crimes units. The New
quired can only be used for research and
To assist in Sir Lanka's development, the
York Police Department uses decoy teams to
statistical purposes and may not contain in-
United States and Sri Lanka have successfully
identify and arrest those who perpetrate such
formation that may reveal the identity of
created mutually beneficial economic links.
an individual crime victim. A summary of
offenses. The action was taken in response to
the data is to be published annually for five
For example, in 1985 the United States
a rise in hate crimes in that city; nearly 500 of
calendar years, starting with the data for
opened a Sri Lanka Business Development
these offenses were reported in 1987, twice
the calendar year 1991.
Center to assist in the promotion of private
the number reported in 1986.
Section three of the bill authorizes the ap-
enterprise projects in Sri Lanka. This center
In 1985, the National Organization of Black
propriation for fiscal year 1991 through
has been working together with the Sri Lanka
Law Enforcement Executives [NOBLE] re-
fiscal year 1996 of such sums as are neces-
Government to shift the economy toward a
ceived funding from the National Institute of
sary to carry out the legislation.
more decentralized and market-orient system
Justice to study the police response to racial
in which private enterpreneurship, both do-
and religous violence. NOBLE produced two
LEGISLATION TO ESTABLISH
mestic and international, flourishes. The Gov-
publications, "Racial and Religious Violence:
FIRST HOME SAVINGS AC-
ernment of Sri Lanka has almost completed
A Model Law Enforcement Response," and
COUNTS FOR YOUNG AMERI-
the $2 billion Mahaweli project, a massive hy-
"Racial and Religious Violence: A Law En-
CANS
droelectric, irrigation, and resettlement pro-
forcement Guidebook," which recommend
gram. Accomplished with significant assist-
policies, practices, and procedures, and em-
HON. NICHOLAS MAVROULES
ance from the United States and other coun-
phasize the need for more information and
OF MASSACHUSETTS
tries, the Manhaweli project will generate 1.7
analysis.
IN THE HOUSE OF REPRESENTATIVES
billion kilowatt hours of electricity through the
The following law enforcement organiza-
damming of the nation's longest river.
tions endorsed the Hate Crimes Statistics Act
Wednesday, February 22, 1989
Through our shared interest in democratic
during the 100th Congress: The Police Foun-
Mr. MAVROULES. Mr. Speaker, since
principles, the United States also continues to
dation, the Police Executive Research Forum,
coming to Congress 15 years ago, working
give firm support to Sri Lanka in her effort to
the National Black Police Association, and the
toward ensuring opportunities for young Amer-
resolve recent episodes of social and political
National Organization for Black Law Enforce-
icans to own their own homes has been one
violence. We in the United States have and
ment Executives.
of my top priorities. Yet, recent trends have
will continue to support a process of dialog,
gone against affordable housing for our young
compromise, and political choice to resolve
H.R.
-
people. The American dream of that first
the genuine grievances that exist. Minority
Be it enacted by the Senate and House of
home and the benefits of home ownership
rights should continue to be protected and
Representatives of the United States of
must not be cast aside.
access to local political institutions should be
America in Congress assembled,
Today I am introducing legislation to estab-
guaranteed without discrimination. Calls for
SECTION 1. SHORT TITLE.
lish first home savings accounts for young
the partition of Sri Lanka should not be
This Act may be cited as the "Hate Crime
Statistics Act".
Americans-a savings incentive to help young
heeded; she should remain unified.
people realize that dream of owning their first
As Sri Lanka celebrates her independence,
SDC. 2 ACQUISITION AND PUBLICATION OF DATA.
home.
we join with the Sri Lanka people in looking
(a) IN GENERAL-Under the authority of
My bill would allow a $2,000 yearly deduc-
forward to further progress on their already
section 534 of title 28, United States Code,
tion to a first home savings account or, the
impressive record of national development. By
the Attorney General shall acquire. for cal-
withdrawal of up to $20,000 without penalty
remaining committed to the upholding of
endar year 1991 through calendar year 1995.
data on the incidence of criminal acts that
from 401K or IRA savings plans. The first
democratic principles and institutions and the
manifest prejudice based on race. religion.
home savings accounts would be capped at
guarantee of security for all her citizens, Sri
homosexuality or heterosexuality, or eth-
$20,000, yet encourage all young Americans
Lanka will once again prosper in an atmos-
nicity. The crimes with respect to which
to save, a goal which we must meet as a
phere of domestic peace and harmony.
such data shall be acquired are as follows:
nation.
homicide, assault, robbery, burgiary. theft,
I urge my colleagues to join me in encour-
arson, vandalism, trespass. threat, and such
aging savings and home ownership.
BLACK HISTORY MONTH
other crimes as the Attorney General con-
siders appropriate.
(b) CONSTRUCTION.-Nothing in this Act
SRI LANKA NATIONAL DAY
HON. C. THOMAS McMILLEN
creates a right for an individual to bring an
OF MARYLAND
action complaining of discrimination based
HON. ROBERT G. TORRICELLI
IN THE HOUSE OF REPRESENTATIVES
on homosexuality.
(c) LIMITATION ON USE AND CONTENT OF
OF NEW JERSEY
Wednesday, February 22, 1989
DATA.-Data acquired under this Act shall
IN THE HOUSE OF REPRESENTATIVES
be used only for research or statistical pur-
Mr. McMILLEN of Maryland. Mr. Speaker,
Wednesday, February 22, 1989
poses and may not contain any information
as we commemorate "Black History Month," 1
that may reveal the identity of an individual
Mr. TORRICELLI. Mr. Speaker, I rise today
would like to take this opportunity to bring
victim of a crime.
to recognize the 41st anniversary of Sri
your attention to the rich contributions made
(d) ANNUAL SUMMARY.-The Attorney
Lanka's independence this month. Over these
to black history by Marylanders. Residents of
General shall publish an annual summary
years, the United States has actively worked
my State and the Fourth Congressional Dis-
of the data acquired under this Act.
to support Sri Lanka's independence and to
trict have contributed to the achievements, the
Enter a NUMBER (1-4) or 'STOP'
LEGI-SLATE Report for the 101st Congress
Tue, April 4, 1989 9:45am (EDT)
Status Report for H.R. 1048
All Actions Since Introduction
Measure, Sponsor and Short Title:
H. R. 1048 by CONYERS (D-MI) - Hate Crime Statistics Act
All Specified Actions:
02/22/89 ------ In The HOUSE
Introduced by CONYERS (D-MI)
Referred to HOUSE COMMITTEE ON THE JUDICIARY
Remarks by MINETA (D-CA) in "Congressional Record" (CR Page H-324)
Extensions to Remarks by KENNELLY (D-CT) in "Congressional Record" (CR Page
E-459)
Extensions to Remarks by CONYERS (D-MI) in "Congressional Record" (CR Page
E-464)
Full text of measure printed in "Congressional Record" (CR Page E-465)
02/22/89 --- In The SENATE
Remarks by SIMON (D-IL) in "Congressional Record" (CR Page S-1563)
February 22, 1989
CONGRESSIONAL RECORD Extensions of Remarks
E 459
February 22, 1989, Into the CONGRESSIONAL
ing problems like the savings-and-loan ball-
passed the House by a voice vote on July 22,
RECORD.
out and the cleanup of nuclear weapons
1985.
In his February 9th budget, President
plants, all but rule out any major spending
I first intoduced a hate crime bill on Febru-
Bush proposed many new programs but
increases. The President and the Congress
very little extra spending. The budget clear-
are more constrained on the budget than
ary 4, 1984 in response to a series of inci-
ly shows the problem that Washington
any President or Congress in recent times.
dents with possible religious overtones, in my
faces: without a tax increase or sharp cuts
To his credit, the Bush budget takes steps
district. Sadly, these types of incidents are not
in defense or social security, there is very
to smooth out some of the rougher edges of
uncommon. Each year, hundreds of acts of vi-
little money for new programs. In addition,
the Reagan budgets to make it kinder and
clence and intimidation are committed against
while the Bush budget emphasizes where he
gentler. Its new directions are ones that are
groups and individuals in every region of the
wants to spend more money, it gives scant
popular in the Congress, such as more at-
country because of their race, religion, sexual
attention to where he wants to spend less.
tention to education and the environment.
Total budget outlays in 1990 under the
It eliminates various traditional Reagan
orientation, or ethnic background. At present,
Bush budget would be $1.160 trillion and
proposals that were nonstarters and made
it is impossible to measure the extent of the
total receipts would be $1.066 trillion. That
many of his budgets dead on arrival. Presi-
problem. Without solid information on when,
would yield a deficit of $94 billion compared
dent Bush's call for bipartisan cooperation
where, and how often these crimes occur, we
to $170 billion in 1989. The key elements of
and his conciliatory language were well re-
cannot take the positive steps we must take
the Bush budget are a "freeze" on defense
celved in the Congress.
to end this violence.
spending with no real growth for one year,
A major concern in the Congress about
Mr. Speaker, the basic idea behind hate
an estimated $86 billion in new revenues
the President's budget is that it lacks detail.
crime legislation is simple: The more we know
arising from economic growth, and a series
His budget is replete with proposals expand-
about these crimes of hate, the better chance
of new spending initiatives.
ing government programs but gives little at-
The President has laid out the most press-
tention to the difficult political task of
we have to prevent them. I am convinced that
ing domestic needs for the country, with an
where to cut federal spending to meet man-
the hate crime data this bill calls for is urgent-
emphasis on increasing productivity, invest-
dated deficit targets. About half of his pro-
ty needed by the law enforcement officials
ing in people, and ending the scourge of
posed cutbacks are spelled out (with the
and public policymakers in this country. I urge
drugs. He has proposed new programs to al-
largest savings to come from curbing in-
my colleagues to join me in cosponsoring this
leviate the shortage of child care, guarantee
creases in Medicare and Government worker
most important legislation.
poor mothers access to health care, prop up
retirement and health program costs); the
the eroding public educational system,
rest he leaves to be negotiated with the
house the homeless, redevelop urban slums
Congress. At the heart of his spending re-
TRIBUTE TO GEN. CHARLES
and declining rural areas, expand drug edu-
duction strategy is the $136 billion pool of
BOLTE
cation and interdiction efforts, extend the
popular programs that he would lump to-
frontiers of space, and clean up the air,
gether and freeze overall. He makes no spe-
water, and contaminated nuclear energy
cific proposals whatsoever for programs
HON. IKE SKELTON
plants.
lumped into this black box other than to
His priorities are sound, but his budget
say that if the Congress wants to increase
OF MISSOURI
does not indicate how he is going to reach
funding for some, offsetting cuts will have
IN THE HOUSE OF REPRESENTATIVES
his objectives. The President has generous
to be made in others. I view this budget as
an opening bid by the President for his
Wednesday, February 22, 1989
rhetoric but penny-pinching proposals. For
example, while he wants to be known as the
forthcoming negotiations with the Con-
Mr. SKELTON. Mr. Speaker, on Saturday
"education President," his innovative educa-
gress. He certainly is not showing all of his
February 11, Gen. Charles L. Bolte, a decorat-
tion proposals total only $58 million, less
cards.
ed combat veteran of two world wars, lost that
than $1.50 for every child in our public
Moreover, the President's budget is based
final battle that all of us are. destined to lose. I
schools. It is hard to see how 80 little addi-
on rosy economic assumptions that mini-
tional money will help us recover from the
mize the cuts needed to hit the deficit tar-
want to take this time to recognize the accom-
deterioration of public education in the
gets. A major premise of this budget is the
plishments of a man who gave a lifetime of
country. He recognized his dilemma when
theory that the nation can, to a large
distinguished service to our Nation.
he said that "there are many areas in which
extent, grow its way out of the deficit. He
He responded to the call of his country
we would all like to spend more than I pro-
assumes that strong economic growth will
early this century as a company commander
pose, but we cannot until we get our fiscal
generate an additional $86 billion in govern-
in the 4th Infantry Division, seeing action in
house in order." One risk to the President's
ment revenue in 1990. With the economy al-
the St. Mihiel, Meuse-Argonne, and Aisne-
approach is that his sweeping language can
ready close to full employment and full ca-
unleash pent-up demands for much larger
pacity use, most economists put the econo-
Mame offensives during World War I. After the
spending programs.
my's potential growth at about 2.5 percent a
signing of the Armistice on November 11,
On the tax side, the President proposes
year and reject the President's view that the
1918, Charles Boite participated with other
generous tax breaks for investors, independ-
economy can grow at a rate of 3.25 percent
units of the American Expeditionary Forces as
ent oil and gas drillers, computer companies,
per year over the next 5 years.
part of the Army of Occupation in Germany.
and inner-city manufacturers. He proposes
My concern is that as the President and
Future duty would find him sent by his country
reinstating a tax deduction for adoption ex-
the Congress maneuver over the budget,
to the other end of the world, to serve with
penses and giving low-income families up to
they will engage in clever tactics and politi-
U.S. Army units stationed in China.
$1000 in tax credits or cash for the cost of
cal symbolism rather than building a budget
to meet the needs of the Nation and produc-
During the 1930's, the country struggled
caring for young children. Chief among his
ing a sound long-range approach to solving
through the ravages of the Great Depression.
proposals is his plan to cut the top capital
gains tax rate from 33 pereent to 15 percent
our budgetary problems.
An Army too poor to equip its forces with the
for assets held 1 year or longer. He claims
latest in weapons and equipment and too
that would yield $4.8 billion in additional
poor to provide them adequate training, made
revenues because investors would seil their
HATE CRIMES STATISTICS ACT
the best of a tough situation by sending its of-
stocks in order to take advantage of a more
INTRODUCED
ficers to school. It was during the interwar
generous tax rate. Economists disagree over
years, the golden age of military education,
whether cutting the capital gains tax rate
HON. BARBARA B. KENNELLY
that Charles Bolte attended the Infantry
will produce more revenue.
The President seems committed to revers-
OF CONNECTICUT
School at Fort Benning, the Command and
ing one of the proudest achievements of the
IN THE HOUSE OF REPRESENTATIVES
General Staff College at Fort Leavenworth,
Reagan administration: Tax reform. He not
and the Army War College. located at that
Wednesday, February 22, 1989
only proposes reducing the capital gains
time here in Washington, DC, at Fort McNair.
tax. which erodes the reform principle that
Mrs. KENNELLY. Mr. Speaker, today I am
He also served as a member of the faculty or
earned and unearned income should be
joined by over 45 of my colleagues in intro-
staff of those institutions.
taxed equally, he has proposed a large
ducing the Hate Crime Statistics Act, a bill to
Thus, Charles Bolte and hundreds of his
number of special interest tax breaks that
require the collection and publication of statis-
fellow officers were adequately prepared to
the 1986 tax reform act was designed to cur-
tics on crimes motivated by hatred of a per-
take on the responsibilities and duties thrust
tail.
The budget illustrates how policymakers
son's race, ethnic background, religion, or
on them at the beginning of World War II-
are boxed in. The President's position on
sexual orientation. This legislation is identical
fighting an war on a global scale. During that
taxes has made tax increases virtually im-
to legislation which passed the House on May
war Maj. Gen. Charles Bolte saw action in
possible, Yet the huge budget deficits,
18, 1988 by a resounding margin of 383 to 29.
some of the most difficult combat in Europe,
strictly legislated deficit targets, and fester-
And the bill is very similar to legislation that
as the commanding general of the 34th Infan-
464
CONGRESSIONAL RECORD Extensions of Remarks
February 22, 1989
Rajiv Gandhi's Congress Party won in some
In recent years we and India have enriched
thousand incidents of hate motivated violence,
district. while losing in others. The freedom to
our relationship through trade, science, and
harassment, and vandalism during the seven
hold differing political views was reaffirmed,
technology, and narcotics control. Bilateral
year period. This figure is based upon data
the people expressed their wishes. and all
uade in 1988 reached the $5.7 billion mark.
complied from press accounts, victim state-
parties abided by it. However, there has been
The interaction between the business and in-
ments, law enforcement agency reports. and
some violent dissent in indian. and we in the
dustrial communities of India and the United
information supplied by civil nghts groups and
House who have been in the vanguard of the
States has continued to flourish under the var-
government human relations agencies. Its sta-
protection of human rights, around the world,
ious agreements on trade and collaboration in
tistical accuracy is limited by the lack of a na-
need to demonstrate our strong opposition to
acvanced technology. A relationship of trust.
tional reporting system for hate crimes.
violence.
has been built up which we must continue to
In 1987, the Anti-Dofamation League of
There is a proposed bill soon to be intro-
support. Any offort to deny nondiscriminatory
B'nai B'rith [ADL] issued a special report enti-
duced in the House to deny non-discriminatory
trade treatmen to India will scriously and ad-
tled "The Hate Movement Today: A Chronicle
trade treatment. or most-ravored-nation status,
versely affect our economic and trade rela-
of Viclence and Disarrary" that suggests that
to the products of India. The reesons for
tions between our two countries.
there was more criminal violence by extrom-
denial outlined in the proposed bill are the al-
ists during the past 3 years than there has
leged human rights violations, especially
HATE CRIME STATISTICS ACT IS
been over the previous two decades.
against Sikhs in the Punjab. These allegations
KEY TO FIGHTING BIAS CRIMES
The ADL released its annual audit of anti-
include arbitrary arrests. detention of prisoners
semitic incidents during January 1988. The or-
without trial, torture of prisoners, and the use
of progovernment death squads in the Punjab.
HON. JOHN CONYERS, JR.
ganization reported 1,018 incidents, an in-
The proposed bill is based primarily on the
crease of 12 percent over last year. Of these,
OF MICHIGAN
alleged detention of 300 Sikhs without charge
694 involved acts of vandalism ranging from
IN THE HOUSE OF REPRESENTATIVES
or trial in a jail in the Indian city of Jodhpur
swastika daubings to arson and pipe bomb-
Wednesday, February 22, 1989
since 1984. The fact is, however, that 380
ings. The number of acts of harassment,
people had been originally detained in that jail
Mr. CONYERS. Mr. Speaker, Today, Febru-
threat, and assault was 324.
out of which 188 continue to be held. They
ary 22, 1989. I reintroduced the Hate Crime
Dramatic incidents like the death of Michael
are charged and are on trial for waging war
Statistics Act, a bill that will aid law enforce-
Griffith in the Howard Beach neighborhood of
against the country and the illegal possession
ment officials in the fight to eradicate hate
Queens, NY in 1986, or the death of Vincent
of arms.
crimes.
Chin in Detroit in 1982, capture the attention
India has been a functioning and viable de-
During the past few years, there have been
of the national news media and, as the result
mecracy since 1947. it has a rule of law and a
an increasing number of physical and psycho-
of the headlines they generate, pierce the
constitution that protests the rights of its citi-
logical attacks on persons who were targeted
consciousness of most Americans, reminding
zens. And yet a dangerous situation has been
solely because of their race, religion, sexual
us that hate crimes are still a reality today.
created by small groups of terrorists and
orientation, or ethnic origin. They have been
Few across the Nation, however, will ever
criminals. A reign of terror has been un-
carried out by organized groups, as well as by
know about the thousands of other lesser
leashed in the Punjab in which nearly 2,300
nonaffiliated individuals.
known incidents unless information about
people lost their lives last year. Terrorists in
The Hate Crime Statistics Act will require
them is compiled and published in the manner
the Punjab have been indiscriminate in their
the Department of Justice to annually collect
provided for in the Hate Crimes Statistics Act.
killing: their targets ranging from political lead-
and publish statistics on "crimes which mani-
Participants in the "Brotherhood March" in
ers to children. A large number of victims of
fest prejudice based on race, religion, homo-
Forsyth County, GA, on January 17, 1987,
terrorism have been innocent Sikhs them-
sexuality or heterosexuality, or ethnicity."
were attacked by white hooded Ku Klux
selves, particularly those who have opposed
There are presently no comprehensive, accu-
Klansmen hurtling rocks, bottles, and racial
violence and have called for a political dia-
rate, and up-to-date statistics kept on the na-
slurs. This unfortunate incident brought home
logue between the Indian Government and re-
tional incidence of these crimes. Once avail-
to many the fact that the Klan is still a visible
sponsible Sikh leaders.
able, such statistics could provide the basis of
and active organization, despite a decline in
Our attention has been drawn to stray
more effective law enforcement efforts in
membership. Over the past decade, however,
cases of violation of human rights in the
communities throughout the nation seeking to
a number of new, more sinister, and more mil-
Punjab. in the massive anti-terrorist operations
combat hate crimes.
itant extremist groups such as the White
which are ongoing in that area there may
During the 100th Congress, I introduced
Aryan Resistance and the Skinheads have
indeed have been cases of misuse of power
identical legislation, H.R. 3193-see House
surfaced and engaged in robbery, assaults,
of miscalculations. Unfortunately, we cannot
Report No. 100-575. That bill passed the
bombing, and murder to advance their white-
ignore the fact that innocent and unarmed
House on May 18, 1988, by an overwhelming
supremacist agenda. Although their leadership
people in the Punjab have been victims of vio-
margin of 383 to 29. It had been endorsed by
has been the target of arrests and successful
lence and crime at the hands of a small group
30 state attorneys general. A similar bill was
of fanatics, secessionists, and criminals. Just
favorably reported by the Senate Judiciary
prosecutions, these groups continue to survive
and SOW the seeds of racial hatred.
as terrorist victims deserve our deepest sym-
Committee but received no further action
pathy. those who are fighting against terrorism
before adjournment.
In response to the public's growing concern
The Subcommittee on Criminal Justice,
about hate crimes and the inability of most
deserve support. What they do not deserve is
a break in equal trade relations.
which I formerly chaired, held oversight hear-
law enforcement agencies to address the
I would like to share with my colleagues the
ings on antigay violence and anti-areb vio-
problem adequately, the National Institute of
State Department's recent assessment of the
lence during 1986, and two hearings on legis-
Justice [NIJ] commissioned Peter Finn and
situation in the Punjab in response to a re-
lation to establish a commission on recially
Taylor McNeil of Abt Associates Inc. to con-
quest for their views on House Concurrent
motivated violence in 1988. The Subcommit-
duct a study of the effective steps being taken
Resolution 343, introduced last August which
tee on Civil and Constitutional Rights held an
by police and prosecutors to combat them.
concerns the human rights of the Sikhs in the
oversight hearing on anti-Asian violence in
The study, entitled "The Response of the
Punjab. The State Department responded that
1987, and on anti-Native American violence in
Criminal Justice System to Bias Crimes," was
"the Indian authorities are attempting to con-
1988. The witnesses at each of these hear-
submitted to NIJ in October 1987.
front a terrorist movement which has claimed
ings stated that reports of hate crimes re-
The authors interviewed 40 individuals, 21
over 2,300 victims this year, well over twice
ceived by their organizations are increasing.
of which represented police agencies or dis-
the rate of killings in 1987. The terrorists are
They also urged that the Department of Jus-
trict attorneys offices. They concluded that
well-armed with automatic machine guns and
tice begin to produce nationwide data about
while there is no accurate data regarding the
rocket-propelled grenade launchers. In many
them.
number of bias crimes committed each year,
instances, they are better armed that the
On January 13, 1988, the Center for Demo-
there is plenty of documentation to suggest
police units fighting them." It is also the view
cratic Renewal released "They Don't All Wear
that the problem is widespread and increas-
of the Department that the "harsh police tac-
Sheets: A Chronology of Racist and Far-Right
ing. The study indicates that 50 percent of the
tics" referred to in the legislation "are in part
Violence 1980-1986," which provides some
people arrested for hate crimes are teenagers
an attempt to protect innocent lives and prop-
statistical data on bias motivated crimes. The
and young adults between the ages of 16 and
erty from extremists."
Center reports that there were nearly three
25. The most frequent victims were found to
SENT BY:HOUSE JUDICIARY COMM ; 6- 7-89 ; 3:02PM : HOUSE CRIME SUBCOMM-
4567739:# 2
MINORITY MEMBERS
MAJORITY MEMBERS
HAMILTON PUBH. JR, NEW YORK
JACK BROOKS, TEXAS, CHAIRMAN
ONE HUNDRED FIRST CONGRESS
CARLOS J. MOORHEAD. CALIFORNIA
ROBERT W. KASTENMAR WISCONSIN
HENRY + HYDE, ILLINOIS
DON EDWARDS, CALIFORNIA
F. JAMES BENSENBRENNER, JR. WISCONSIN
JOHN CONYERS. JR., MICHIGAN
Congress of the United States
BILL MCCOLLUM. FLORIDA
ROMANG to MAZZOLI, KENTUCKY
GEORGE W. GEKAS. PENNSYLVANIA
WILLIAM J. HUGHES. NEW JERSEY
MICHAEL DOWINE, OHIO
MIKE BYNAR OKLAHOMA
WILLIAM E. DANNEMEYER. CALIFORNIA
PATRICIA SCHROEDER. COLORADO
HOWARD COBLE, NORTH CAROLINA
DAN GLICKMAN, KANSAS
BARNEY FRANK, MASSACHUSETTS
House of Representatives
D. FRENCH BLAUGHTER JR., VIRGINIA
LAMAR 8. SMITH. TEXAS
BEQ W. CROCKETT, JR. MICHIGAN
LARKIN L SMITH. MISSISSIPPI
CHARLES B. SCHUMER NEW YORK
COMMITTEE ON THE JUDICIARY
CHUCK DOUGLAS, NEW HAMPSHIRE
BRUCE A. MORRISON. CONNECTICUT
CRAIG T. JAMES. FLORIDA
EDWARD 9. FEIGHAN. OHIO
LAWRENCE J. SMITH FLORIDA
2137 RAYBURN House OFFICE BUILDING
HOWARD L BERMAN. CALIFORNIA
MAJORTY-225-3951
RICK BOUCHER. VIRGINIA
HARLEY P. STAGGERS, JR., WEST VIRGINIA
WASHINGTON, DC 20515-6216
MINORTY-223-8506
JOHN BRVANT, TEXAS
BENJAMIN L CARDIN, MARYLAND
GEORGE E SANUMESTER, ILLINOIS
May 16, 1989
To: Minority Members, Criminal Justice Subcommittee
From: Raymond V. Smietanka, Minority Counsel
Re: H.R. 1048 (Hate Crime Statistics Act)
Chairman Schumer has scheduled a markup for Thursday morning
(May 18th) on H.R. 1048, the so-called Hate Crimes Statistics
Act. The bill is similar to proposals which have passed the
House during the last two Congresses. Last year's bill (H.R.
3193) was, however, the subject of some controversy during
floor consideration because it included crimes against homo-
sexuals as among those be tallied in counting hate crimes.
Because the issues have been so thoroughly aired and there is no
substantial difference last year's bill and this year's, the
Chairman apparently believes there is little need for hearings
prior to markup by the subcommittee.
H. R. 1048 would require the Attorney General to collect data
until Fiscal Year 1995 on the incidence of crimes manifesting
"prejudice based upon race, religion, homosexuality or heterosex-
uality, or ethnicity." The types of crimes for which the
Attorney General would have to collect data would be: homicide,
assault, robbery, burglary, theft, arson, vandalism, trespass,
threat, and "such other crimes as the Attorney General considers
appropriate". The legislation requires that an annual summary be
published of the data. While the authorization is for "such
sums as are necessary", the Congressional Budget Office estimate
for H.R. 3193 of the 100th Congress was an annual expense of
"less than $1 million to nearly $10 million", depending on the
methodology employed in gathering the statistics.
As noted, the bill would require that hate crimes against
homsexuals should be counted as "hate crimes" just as those
against persons based upon their race, religion or ethnicity,
a feature that some Memers found objectionable during consi-
deration of the bill during the 100th Congress. Attached are
the dissenting views to the report of the Judiciary committee on
H.R. 3193 detailing the concerns of those members.
SENT BY:HOUSE JUDICIARY COMM ; 6- 7-89 ; 3:02PM ; HOUSE CRIME SUBCOMM-
4567739:# 3
-2-
Proponents of the legislation were originally led by the Anti-De-
famation League of the B'nai B'rith whose representatives at
hearings before the subcommittee during the 99th Congress cited
an alarming rise in anti-semitic violence. The collection of
statistics is considered by proponents as an important step in
documenting trends in hate crimes so that countermeasures can be
crafted.
Mr. Gekas, who had been an original supporter of the Hate Crime
Statistics Act when it was proposed during the 99th Congress,
made unsuccessful efforts at every stage to delete the language
on homsexuality from H. R. 3193 last year. On the floor, as the
result of a parliamentary maneuver by Mr. Miller (R-Wash) acting
in concert with Mr. Frank (D-Mass), Mr. Gekas was unable to move
to strike the homsexuality language. Because he had not pre-
vailed on the issue, Mr. Gekas was constrained to vote against
the legislation which ultimately was adopted by a vote of 383-29.
It is anticipated that Mr. Gekas will again move to strike this
language; no other amendments are likely.
13
4567739;# 4
The Department of Justice has criticized this bill as being "unre-
alistic" because it lists too many offenses for which a motivation
must be ascertained. As Assistant Attorney General John Bolton
has noted: "To force statisticians through millions of burglary and
theft cases in an effort to identify motivation of the perpetrator
DISSENTING VIEWS OF MR. GEKAS, MR. McCOLLUM, MR.
calls to mind the search for a needle in a haystack.' Including
COBLE, MR. DANNEMEYER AND MR. SMITH TO H.R. 3193
"sexual orientation" only serves to make the needle smaller and
the haystack larger.
Accurate statistics showing the incidence of hate crime in this
In view of the cost, the question recurs as to why statistics are
country can certainly be of value in helping to formulate law en-
important. They are valuable not in themselves but rather to help
forcement's response. However, the approach suggested by H.R.
discover the existence and extent of a problem and to support its
3193 is not a promising one because it seeks to acquire too much
solution. Statistics merely lay the foundation for a subsequent Fed
information about too many crimes at too great an expense for ev-
eral response. Since this response is likely to take us down an even
eryone.
more costly path, it is all the more essential that targeted groups
Legislation somewhat similar to this bill passed the House with-
he within the scope of Federal responsibility in the first place. It is
out controversy during the 99th Congress after hearings of the Ju-
a Federal responsibility to ensure the equal protection of all citi-
diciary Committee indicated an unaccountable rise in racial and re-
zens regardless of their race, religion or ethnic origin. It is not a
ligious hate crime. Unfortunately, some persons looked upon last
Federal obligation to protect citizens in their sexual orientation.
year's consensus legislation as merely a tempting vehicle to drama-
For these reasons, I respectfully dissent.
tize what they assert is an increase in crime against homosexuals.
SENT BY:HOUSE JUDICIARY COMM 6- 7-89 3:03PM HOUSE CRIME SUBCOMM-
GEORGE W. GERAS.
These persons succeeded in expanding the definition of hate crimes
BILL McCoLLUM.
in this year's bill to include crimes based upon something described
BILL DANNEMEYER
as the "sexual orientation" of the victim. This expansion should be
HOWARD COBLE.
reversed by amendment.
LAMAR SMITH.
We would obviously expect statistics developed by H.R. 3193 to
inspire Federal legislation to counteract hate crimes or assist in
the allocation of Federal law enforcement resources. But normally a
Federal nexus is essential to justify a Federal response. Absent
such a nexus, one must be able at the very least to base Federal
involvement in essentially State matters on the goal of either sup-
porting the common good or promoting State law enforcement. It
must be emphasized that crime against any class of person is obvi-
ously reprehensible. However, there is no reason to believe that
crime against homosexuals transcends the ability of individual
States to respond. There is no evidence of an interstate organiza-
tion such as the Ku Klux Klan or the Nation focused on homosex-
uals. There is no mention of homosexual rights in the Constitution.
In fact, there appears no convincing evidence that homosexuals are
more targeted for crime than groups such as women, the elderly,
members of the police or passengers on urban mass transit. Thus
gathering at considerable cost Federal statistics on crime against
bomosexuals is not only unjustified in itself but also unfair vis-a-vis
other affinity groups.
It is noteworthy that the Congressional Budget Office, unable to
predict the methodology to be employed in gathering hate crime
statistics, estimated the cost of last year's legislation at less than
$1 million to as much as $8 million annually. Adding crimes based
upon the "sexual orientation" of the victim could only force this
cost toward the upper end of, or beyond, this estimate. Not surpris-
ingly, the CBO has estimated the cost of H.R. 3193 at as much as
$10 million annually-an incredible price for an object of such
questionable value.
/101
SENT BY:HOUSE JUDICIARY COMM : 6- 7-89 ; 3:04PM ; HOUSE CRIME SUBCOMM-
4567739;# 5
AMENDMENT BY MR. GEKAS TO H.R. 1048
on page 2, line 10, after "ethnicity." add the following new sentence.
"The Attorney General may, in his discretion, add to the foregoing categories
whenever he deems it appropriate for the purpose of indentifying the incidence
of such crime against any other identifiable group of persons."
ADOPTED MARK up
Sub committe/18/89
Joice jote
Civil Rights
C030810
THE WHITE HOUSE
WASHINGTON
April 28, 1989
MEMORANDUM FOR GOVERNOR SUNUNU
FROM:
DAVID DEMAREST
BOBBIE KILBERG
BK
SARAH DECAMP
RE:
HATE CRIMES BILL FILE
We strongly recommend that the President move quickly to endorse
the Hate Crimes Bill introduced in the 101st Congress by Senator
Paul Simon. The Department of Justice indicated support of the
objectives of bill and no opposition to the bill's enactment in a
letter to Senator Biden on March 8 of this year.
A personal endorsement of this legislation by the President would
convey a positive civil rights message and would be well received
by religious and racial minorities in this country.
COPY
April 4, 1989
ACTION
MEMORANDUM FOR GOVERNOR SUNUNU
FROM:
ROGER B. PORTER
SUBJECT:
Hate Crimes Bill
I. BACKGROUND: The Hate Crime Statistics Bill introduced by
Senator Paul Simon [S.419] in the 10lst Congress would direct the
Department of Justice to compile and publish data on crimes
(murder, non-negligent manslaughter, forcible rape, aggravated
assault, simple assault, intimidation, arson, and destruction,
damage or vandalism of property) that manifest prejudice based on
race, religion, sexual orientation or ethnicity. The data would
be collected for the years 1990 - 1995.
In the 100th Congress, a similar bill passed the House of
Representatives in May, 1988 by a vote of 383-29. In the Senate,
the Judiciary Committee voted out a Hate Crimes bill without
dissent but the bill died when the Senate adjourned. Senator
Helms tried to remove references to sexual preference. This was
the only major objection.
II. ANALYSIS: Bias motivated attacks against certain groups of
Americans are increasing. A comprehensive, accurate, and up-to-
date record is needed to determine if certain groups are more
likely to be the victims of hate crimes. The data acquired would
be used solely for research and statistical purposes and would
not contain information that would reveal the identity of a
victim.
The Bill has been co-sponsored by Senators Hatch, D'Amato,
Gorton, Jeffords, Simpson and Representatives Fish, Morella,
Shays, Hyde, and Molinari.
On March 8th of this year, the Department of Justice submitted a
letter to Senator Biden indicating support of the objectives of
the bill and no opposition to the bill's enactment.
The bill has been endorsed by the Police Foundation, the Police
Executive Research Forum, the National Black Police Association,
and the National Organization of Black Law Enforcement
Executives, and the American Jewish Committee.
COPY
2
III. RECOMMENDATION: Endorsement of this bill would be perceived
as part of the President's "positive civil rights agenda." If
approved, this endorsement will be included in an upcoming
speech, announced by the press office, or become the focal point
of an appropriate meeting.
IV. DECISION:
action
approve as amended
reject
no action
SENT BY:HOUSE JUDICIARY COMM ; 6- 7-89 ; 3:01PM ; HOUSE CRIME SUBCOMM-
4567739:# 1
U.S. Houst of Representatives
Committee on the Subiciary
Washington, DE 20515-6216
OM Mumbred First Congress
PACSIMILE TRANSMITTAL COVER SHEET
DATE:
JUNE 7,1989
TIME:
300 P.M.
PLEASE DELIVER THE FOLLOWING TRANSMITTAL
TO:
Emily MEADR
FROM:
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TOTAL NO. OF PAGES, INCLUDING COVER SHEET:
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THE WHITE HOUSE
WASHINGTON
June 28, 1989
MEMORANDUM FOR EMILY MEAD
OFFICE OF POLICY DEVELOPMENT
FROM:
NELSON LUND nf
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
"Hate Crimes" Bill
This is to follow up on our conversation last night about H.R.
1048. I understand that the Administration has already gone on
record as supporting this legislation, and that some thought is
now being given to suggesting that the President himself publicly
endorse it in his speech on Friday.
For two reasons, I am skeptical about the wisdom of such a step.
First, the bill cannot reasonably be characterized as a major
initiative, and it would be unfortunate if the President were
accused of overselling its importance. Second, the bill suggests
a certain symbolic equivalence between homosexuality on the one
hand and race, religion, and ethnicity on the other. If the
President tries to use the bill for symbolic purposes, this
symbolic equivalence might provoke a strong adverse reaction,
especially from conservative religious groups.
LEGI-SLATE Report for the 101st Consress
Thu, March 2, 1989 5:13pm (EST)
rt for S.419 Hate Crimes Statistics Act
As introduced in the Senate
Complete Text of this version
II
101st CONGRESS
1st Session
S. 419
To provide for the collection of data about crimes motivated by race,
relision, ethnicity, OT sexual orientation.
IN THE SENATE OF THE UNITED STATES
February 22 (lesislative day, January 3), 1989
Mr. Simon (for himself, Mr. Hatch, Mr. Metzenbaum, Mr. Cranston, Mr. Kerry,
Mr. Biden, Mr. Specter, Mr. Kennedy, Mr. Simpson, Mr. Kohl, Mr. Levin Mr.
Reigle, Mr. Burdick, Mr. Matsunasa, Mr. Inouye, Mr. Bingamen, Mr. Daschle,
Mr. Jeffords, Mr. D'Amato, Mr. Gore, Mr. Pell, Mr. Gorton, Mr. Sanford,
Ms, Mikulski, Mr. Sarbanes, Mr. Adams, Mr. Lieberman, Mr. Boschwitz, Mr.
Glenn, and Mr. Chafee) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
A BILL
To provide for the collection of data sbout crimes motivated by race,
relision, ethnicity, or sexual orientation.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) this Act may be cited 85 the
"Hate Crime Statistics Act".
(b)(1) Under the authority of section 534 of title 28, United States Code,
the Attorney General shall acquire data, for the calendar year 1990 and each
of the succeeding 4 calender years, about crimes that manifest evidence of
prejudice based on race, relision, sexual orientation: or ethnicity, including
where appropriate the crimes of murder, non-nesligent manslaughter: forcible
rape; assravated assault, simple assault, intimidation| arson; and
destruction, damage or vandalism of property.
(2) The Attorney General shall establish suidelines for the collection
of such data including the necessary evidence end criteria that must be
Present for 3 finding of manifest prejudice and procedures for carrying
out the PUTPOSES of this section.
(3) Nothing in this section creates B cause of action or B risht to
bring an action. including an action based on discrimination due to sexual
orientation. As used in this section, the term "sexual orientation" means
consensual homosexuality or heterosexuality, This subsection does not
limit any existing cause of action or right to bring an action, including
any action under the Administrative Procedure Act or the All Writs Act.
(4) Date acquired under this section shall be used only for research
or statistical purposes and may not contain any information that may
reveal the identity of an individual victim of a crime,
(5) The Attorney General shall publish an annual summary of the data
acquired under this section.
(c) There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of this section through fiscal year 1994.
Please enter NAME of desired report (or 'MENU')
COPY
April 4, 1989
ACTION
MEMORANDUM FOR GOVERNOR SUNUNU
FROM:
ROGER B. PORTER
SUBJECT:
Hate Crimes Bill
I. BACKGROUND: The Hate Crime Statistics Bill introduced by
Senator Paul Simon [S.419] in the 101st Congress would direct the
Department of Justice to compile and publish data on crimes
(murder, non-negligent manslaughter, forcible rape, aggravated
assault, simple assault, intimidation, arson, and destruction,
damage or vandalism of property) that manifest prejudice based on
race, religion, sexual orientation or ethnicity. The data would
be collected for the years 1990 - 1995.
In the 100th Congress, a similar bill passed the House of
Representatives in May, 1988 by a vote of 383-29. In the Senate,
the Judiciary Committee voted out a Hate Crimes bill without
dissent but the bill died when the Senate adjourned. Senator
Helms tried to remove references to sexual preference. This was
the only major objection.
II. ANALYSIS: Bias motivated attacks against certain groups of
Americans are increasing. A comprehensive, accurate, and up-to-
date record is needed to determine if certain groups are more
likely to be the victims of hate crimes. The data acquired would
be used solely for research and statistical purposes and would
not contain information that would reveal the identity of a
victim.
The Bill has been co-sponsored by Senators Hatch, D'Amato,
Gorton, Jeffords, Simpson and Representatives Fish, Morella,
Shays, Hyde, and Molinari.
On March 8th of this year, the Department of Justice submitted a
letter to Senator Biden indicating support of the objectives of
the bill and no opposition to the bill's enactment.
The bill has been endorsed by the Police Foundation, the Police
Executive Research Forum, the National Black Police Association,
and the National Organization of Black Law Enforcement
Executives, and the American Jewish Committee.
2
III. RECOMMENDATION: Endorsement of this bill would be perceived
as part of the President's "positive civil rights agenda." If
approved, this endorsement will be included in an upcoming
speech, announced by the press office, or become the focal point
of an appropriate meeting.
IV. DECISION:
action
approve as amended
reject
no action