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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3525 Enrolled Bill (ENR)]

        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:
    ``(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--
        (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''.

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.
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