H. R. 3525

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To amend title 18, United States Code, to clarify the Federal jurisdiction over

offenses relating to damage to religious property.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Church Arson Prevention Act

of 1996’’.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The incidence of arson or other destruction or vandalism

of places of religious worship, and the incidence of violent

interference with an individual’s lawful exercise or attempted

exercise of the right of religious freedom at a place of religious

worship pose a serious national problem.

(2) The incidence of arson of places of religious worship

has recently increased, especially in the context of places of

religious worship that serve predominantly African-American

congregations.

(3) Changes in Federal law are necessary to deal properly

with this problem.

(4) Although local jurisdictions have attempted to respond

to the challenges posed by such acts of destruction or damage

to religious property, the problem is sufficiently serious, widespread, and interstate in scope to warrant Federal intervention

to assist State and local jurisdictions.

(5) Congress has authority, pursuant to the Commerce

Clause of the Constitution, to make acts of destruction or

damage to religious property a violation of Federal law.

(6) Congress has authority, pursuant to section 2 of the

13th amendment to the Constitution, to make actions of private

citizens motivated by race, color, or ethnicity that interfere

with the ability of citizens to hold or use religious property

without fear of attack, violations of Federal criminal law.

SEC. 3. PROHIBITION OF VIOLENT INTERFERENCE WITH RELIGIOUS

WORSHIP.

Section 247 of title 18, United States Code, is amended—

(1) in subsection (a), by striking ‘‘subsection (c) of this

section’’ and inserting ‘‘subsection (d)’’;

(2) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively;

(3) by striking subsection (b) and inserting the following:
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‘‘(b) The circumstances referred to in subsection (a) are that

the offense is in or affects interstate or foreign commerce.

‘‘(c) Whoever intentionally defaces, damages, or destroys any

religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property,

or attempts to do so, shall be punished as provided in subsection

(d).’’;

(4) in subsection (d), as redesignated—

(A) in paragraph (2)—

(i) by inserting ‘‘to any person, including any public

safety officer performing duties as a direct or proximate

result of conduct prohibited by this section,’’ after ‘‘bodily injury’’; and

(ii) by striking ‘‘ten years’’ and inserting ‘‘20 years’’;

(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

(C) by inserting after paragraph (1) the following:

‘‘(2) if bodily injury results to any person, including any

public safety officer performing duties as a direct or proximate

result of conduct prohibited by this section, and the violation

is by means of fire or an explosive, a fine under this title

or imprisonment for not more that 40 years, or both;’’;

(5) in subsection (f), as redesignated—

(A) by striking ‘‘religious property’’ and inserting ‘‘religious real property’’ both places it appears; and

(B) by inserting ‘‘, including fixtures or religious objects

contained within a place of religious worship’’ before the

period; and

(6) by adding at the end the following new subsection:

‘‘(g) No person shall be prosecuted, tried, or punished for any

noncapital offense under this section unless the indictment is found

or the information is instituted not later than 7 years after the

date on which the offense was committed.’’.

SEC. 4. LOAN GUARANTEE RECOVERY FUND.

(a) IN GENERAL.— (1) IN GENERAL.—Using amounts described in paragraph

(2), the Secretary of Housing and Urban Development (referred

to as the ‘‘Secretary’’) shall make guaranteed loans to financial

institutions in connection with loans made by such institutions

to assist organizations described in section 501(c)(3) of the

Internal Revenue Code of 1986 that have been damaged as

a result of acts of arson or terrorism in accordance with such

procedures as the Secretary shall establish by regulation.

(2) USE OF CREDIT SUBSIDY.—Notwithstanding any other

provision of law, for the cost of loan guarantees under this

section, the Secretary may use not more than $5,000,000 of

the amounts made available for fiscal year 1996 for the credit

subsidy provided under the General Insurance Fund and the

Special Risk Insurance Fund.

(b) TREATMENT OF COSTS.—The costs of guaranteed loans under

this section, including the cost of modifying loans, shall be as

defined in section 502 of the Congressional Budget Act of 1974.

(c) LIMIT ON LOAN PRINCIPAL.—Funds made available under

this section shall be available to subsidize total loan principal,

any part of which is to be guaranteed, not to exceed $10,000,000.

(d) TERMS AND CONDITIONS.—The Secretary shall—
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(1) establish such terms and conditions as the Secretary

considers to be appropriate to provide loan guarantees under

this section, consistent with section 503 of the Credit Reform

Act; and

(2) include in the terms and conditions a requirement that

the decision to provide a loan guarantee to a financial institution and the amount of the guarantee does not in any way

depend on the purpose, function, or identity of the organization

to which the financial institution has made, or intends to make,

a loan.

SEC. 5. COMPENSATION OF VICTIMS; REQUIREMENT OF INCLUSION

IN LIST OF CRIMES ELIGIBLE FOR COMPENSATION.

Section 1403(d)(3) of the Victims of Crime Act of 1984 (42

U.S.C. 10602(d)(3)) is amended by inserting ‘‘crimes, whose victims

suffer death or personal injury, that are described in section 247

of title 18, United States Code,’’ after ‘‘includes’’.

SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST

STATE AND LOCAL LAW ENFORCEMENT.

There are authorized to be appropriated to the Department

of the Treasury and the Department of Justice, including the

Community Relations Service, in fiscal years 1996 and 1997 such

sums as are necessary to increase the number of personnel, investigators, and technical support personnel to investigate, prevent,

and respond to potential violations of sections 247 and 844 of

title 18, United States Code.

SEC. 7. REAUTHORIZATION OF HATE CRIMES STATISTICS ACT.

The first section of the Hate Crimes Statistics Act (28 U.S.C.

534 note) is amended—

(1) in subsection (b), by striking ‘‘for the calendar year

1990 and each of the succeeding 4 calendar years’’ and inserting

‘‘for each calendar year’’; and

(2) in subsection (c), by striking ‘‘1994’’ and inserting

‘‘2002’’.
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SEC. 8. SENSE OF THE CONGRESS.

The Congress—

(1) commends those individuals and entities that have

responded with funds to assist in the rebuilding of places of

worship that have been victimized by arson; and

(2) encourages the private sector to continue these efforts

so that places of worship that are victimized by arson, and

their affected communities, can continue the rebuilding process

with maximum financial support from private individuals,

businesses, charitable organizations, and other non-profit entities.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.