LIMITATIONS THAT WE HAVE PLACED UPON THE PROSECUTION AND ALSO
           WE'LL HAVE A CHANCE FOR REVIEWING FOR SENATE WHAT THE OTHER
           AMENDMENT, THE HATCH AMENDMENT THAT WILL BE BEFORE THE SENATE,
           WHAT IT WILL DO AND ALSO WHAT IT WILL NOT DO. IT IS IMPERATIVE
           WE'LL HAVE THE OPPORTUNITY ON TUESDAY NEXT IN THE MIDDLE OF THE
           AFTERNOON TO TAKE A VOTE ON WHETHER WE ARE GOING TO BE SERIOUS
           HERE WITH THE FEDERAL GOVERNMENT PARTICIPATING WITH STATES AND
           LOCAL COMMUNITIES IN TRYING TO DO SOMETHING ABOUT THE ODIOUS

           ASPECTS OF HATE CRIMES. I THINK FINALLY, MR. PRESIDENT, A AS WE
           KNOW, ON THESE INCIDENTS OF CRIME, THESE ARE NOT JUST ACTS
           AGAINST INDIVIDUALS. THESE ACTS REALLY IMPACT AND AFFECT A
           WHOLE COMMUNITY BECAUSE THEY ARE BASICALLY BASED UPON SUCH
           BIGOTRY AND SUCH HATRED AND REFLECT THAT KIND OF HATRED AND
           VICIOUSNESS THAT THE WHOLE COMMUNITY IS TAINTED BY THESE KINDS
           OF ACTIVITIES. IT CRIES OUT FOR THE APPROPRIATE KIND OF
           INVOLVEMENT BY THE FEDERAL GOVERNMENT TO BE A PARTNER WITH

           LOCAL AND STATE LAW ENFORCEMENT OFFICIALS. THAT IS WHAT THIS
           LEGISLATION DOES. NOTHING MORE, NOTHING LESS. IT'S A
           PARTNERSHIP TO MAKE SURE THAT WE ARE GOING TO USE THE FULL
           FORCES OF THE NATIONAL GOVERNMENT TO ADDRESS IN A VERY
           EFFECTIVE WAY THESE KINDS OF CRIMES. I SEE MY FRIEND FROM
           OREGON ON THE FLOOR. I WANT TO ACKNOWLEDGE HIS STRONG
           INVOLVEMENT IN THIS ISSUE FOR A VERY LONG PERIOD OF TIME. HE'S
           BEEN INDISPENSABLE AS WE HAVE BEEN TRYING TO MOVE THIS
           LEGISLATION IN THE SENATE. HE'S HAD A LONG RECORD IN THIS AREA

           IN THE HOUSE OF REPRESENTATIVES, AND I VALUE VERY MUCH HIS
           COUNSEL AND HIS STRONG SUPPORT. IT'S A REAL PLEASURE TO SEE
           SENATOR WYDEN AGAIN ON THE FLOOR TO SPEAK ON THIS ISSUE THIS

           MORNING. MR. WYDEN: MR. PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM OREGON IS RECOGNIZED.
           

           MR. WYDEN: THANK YOU, MR. PRESIDENT. MR. PRESIDENT, BEFORE HE
           LEAVES THE FLOOR, LET ME MAKE IT VERY CLEAR THAT IN ALL OF THE
           YEARS OF SENATOR KENNEDY'S CHAMPIONING THE CAUSE OF CIVIL
           RIGHTS, WE'VE LOOKED TO HIM FOR HIS LEADERSHIP, AND I BELIEVE
           THAT THIS IS A PARTICULARLY IMPORTANT CAUSE THAT HE CHAMPIONS
           TODAY AND A PARTICULARLY IMPORTANT TIME. SO I HOPE THAT MY
           COLLEAGUES WILL REFLECT CAREFULLY ON WHAT SENATOR KENNEDY HAS
           SAID TODAY TODAY. HE'LL BE LEADING US ON DEBATE ON THIS ISSUE

           NEXT WEEK, AND I WANT TO TELL HIM HOW MUCH I'VE APPRECIATED THE
           CHANCE TO WORK WITH HIM AND HOW HONORED I HAVE BEEN TO BE ABLE
           TO WORK WITH HIM. AS SENATOR KENNEDY HAS SAID AND SAID SO
           ELOQUENTLY, MR. PRESIDENT, THIS IS ABOUT ONE PROPOSITION AND
           ONE PROPOSITION ALONE. AND THAT IS WE ARE SEEKING TO DETER
           VIOLENT CRIME BORN OUT OF PREJUDICE AND HATRED. SO OFTEN WE
           HEAR DISCUSSIONS ABOUT PREFERENCES FOR INDIVIDUALS AND

           ADVANTAGES THAT MIGHT IN SOME WAY BE BESTOWED WITH RESPECT TO
           THESE CIVIL RIGHTS STATUTES. THAT'S NOT WHAT THIS LEGISLATION
           DOES AT ALL. THIS LEGISLATION IS ABOUT DETERRING VIOLENCE,
           ABOUT DETERRING CRIME, ABOUT DETERRING THESE EXTRAORDINARY ACTS
           OF VIOLENCE THAT, IN MY VIEW, STAIN OUR NATIONAL GREATNESS.
           WE'RE NOT GOING TO BE ABLE TO REMOVE THAT STAIN COMPLETELY, NOT

           GOING TO BE ABLE TO STOP INDIVIDUALS FROM HAVING HATEFUL AND
           PREJUDICIAL THOUGHTS. BUT CLEARLY WE CAN PUT THE FEDERAL
           GOVERNMENT IN A POSITION TO BE A STRONGER, MORE EFFECTIVE
           PARTNER WITH LOCAL LAW ENFORCEMENT OFFICIALS IN FIGHTING THIS
           SCOURGE THAT HAS AFFECTED SO MANY OF OUR COMMUNITIES. THIS IS
           NOT A TIME FOR FURTHER STUDY. THIS IS NOT A TIME TO SAY THAT
           THE FEDERAL GOVERNMENT'S RESPONSE SHOULD ONLY BE TO COLLECT

           STATISTICS. THIS IS A TIME FOR THE FEDERAL GOVERNMENT TO WORK
           IN PARTNERSHIP WITH STATE AND LOCAL LAW ENFORCEMENT OFFICIALS
           SO THAT WE HAVE THE STRONGEST, MOST EFFECTIVE, MOST COHERENT
           MOBILIZATION AGAINST THESE ACTS OF VIOLENCE AND PREJUDICE THAT
           WE POSSIBLY CAN MUSTER. THE AMENDMENT, OR BIPARTISAN AMENDMENT
           LED BY SENATOR KENNEDY DOES THREE THINGS. IT REMOVES THE
           RESTRICTIONS ON THE TYPES OF SITUATIONS IN WHICH THE JUSTICE
           DEPARTMENT CAN PROSECUTE DEFENDANTS FOR VIOLENCE OF CRIMES

           BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN. SECOND, IT
           WOULD ASSURE THAT CRIMES TARGETED AGAINST VICTIMS BECAUSE OF
           DISABILITY, GENDER OR SEXUAL ORIENTATION THAT CAUSES DEATH OR
           BODILY INJURY CAN BE PROSECUTED IF THERE IS A SUFFICIENT
           CONNECTION TO INTERSTATE COMMERCE. THIRD, IT REQUIRES THE
           ATTORNEY GENERAL TO CERTIFY IN WRITING THAT HE OR SHE HAS
           REASONABLE CAUSE TO BELIEVE THAT THE CRIME WAS MOTIVATED BY
           BIAS AND THAT IN FACT THE FEDERAL GOVERNMENT HAD BEEN IN CLOSE

           CONSULTATION WITH STATE AND LOCAL LAW ENFORCEMENT OFFICIALS AND
           THAT THEY DID NOT HAVE ANY OBJECTION TO FEDERAL HELP OR THAT
           THEY HAD ASKED FOR FEDERAL ASSISTANCE. SO THIS IS NOT A
           QUESTION, MR. PRESIDENT, OF THE FEDERAL GOVERNMENT COMING IN
           AND SAYING WE'RE GOING TO CALL ALL THE SHOTS AND PREEMPT THE
           LOCAL JURISDICTIONS. IN FACT, WE WANT TO SUPPORT THOSE LOCAL
           JURISDICTIONS. BUT LET ME SAY THAT WE HAVE 28 STATES IN THIS

           COUNTRY THAT HAVE NO AUTHORITY TO PROSECUTE BIASED-MOTIVATED
           CRIMES BASED ON DISABILITY OR SEXUAL ORIENTATION. SO WE'VE GOT
           A SUBSTANTIAL NUMBER OF STATES IN THIS COUNTRY THAT LACK THE
           LEGAL AUTHORITY TO ADDRESS THESE ISSUES THAT ARE SO IMPORTANT
           TO THE FUNDAMENTAL VALUES OF THIS COUNTRY. NOW WE'RE NOT SAYING
           THAT EVERY SINGLE CRIME IS A HATE CRIME IN AMERICA. WE
           CERTAINLY KNOW THAT ALL CRIMES ARE TRAGIC, AND WE GRIEVE FOR

           THE FAMILIES. BUT NOT ALL CRIMES ARE BASED ON HATE. A HATE
           CRIME IS ONE WHERE THE PERPETRATOR INTENTIONALLY CHOOSES THE
           VICTIM BECAUSE OF WHO THE VICTIM IS. AND IT'S OUR VIEW THAT A
           HATE CRIME AFFECTS NOT ONLY THE VICTIM, BUT IF IT GOES
           UNADDRESSED, IT CHEAPENS ALL OF US. IT MAKES OUR COUNTRY A
           LITTLE BIT LESS SPECIAL BECAUSE IT DEMEANS AN ENTIRE COMMUNITY.

           IT DEMEANS ALL OF US IN OUR NATION. SO THIS IS NOT PROVIDING
           SPECIAL PROTECTION TO CERTAIN GROUPS. IT'S TRYING TO MAKE SURE
           THAT INDIVIDUALS WHO ARE SINGLED OUT SOLELY FOR REASONS BORN
           OUT OF HATRED AND PREJUDICE, THAT WE STAND UP FOR THE RIGHTS OF
           THOSE INDIVIDUALS AND WE NOT ALLOW THOSE IN OUR COUNTRY WHO DO
           WISH TO HARM THESE INDIVIDUALS TO ALLOW THEM TO PERPETRATE

           THESE BRUTAL ACTS WITH NO RESPONSE FROM OUR COMMUNITIES. SOME
           WOULD ARGUE THAT HATE CRIME LAWS THREATEN FREE SPEECH. HATE
           CRIMES, IN FACT, IN THE LAW THAT WE ARE HOPING THAT THE UNITED
           STATES SENATE WILL ADOPT ARE NOT PUNISHING BELIEFS OR THOUGHTS.
           WE'RE NOT PUNISHING THOSE IN THIS LEGISLATION. WE ARE PUNISHING
           VIOLENT ACTS. AND I KNOW OF NO MEMBER OF THE UNITED STATES
           SENATE WHO IS PROVIOLENCE. I DON'T THINK THERE'S A SINGLE

           MEMBER OF THE UNITED STATES SENATE WHO WANTS TO BE ON THE CAUSE
           OR IN SUPPORT OF VIOLENT ACTS. SO HERE WE DRAW A LINE IN THE
           SAND, AND WE SAY THAT WE'RE NOT GOING TO GET IN THE WAY OF
           PEOPLE'S THOUGHTS AND BELIEFS, THE LAWFUL EXPRESSION OF ONE'S
           DEEPLY HELD RELIGIOUS VIEWS. BUT WE ARE SAYING THAT CAUSING OR
           ATTEMPTING TO CAUSE BODILY INJURY IS NOT SPEECH-PROTECTED BY
           THE FIRST AMENDMENT. SO I'M VERY HOPEFUL THAT IN THE NEXT FEW

           DAYS THE UNITED STATES SENATE WILL SUPPORT THIS LEGISLATION AND
           NOT FEDERALIZING CRIMINAL ACTIVITY THAT'S BETTER LEFT TO THE
           STATES. I MENTIONED THE FACT THAT SO MANY STATES IN OUR COUNTRY
           LACK THESE LAWS, AND I THINK WE HAVE GONE BEYOND THE TIME, MR.
           PRESIDENT, TO JUST STUDY THIS AND TO COLLECT STATISTICS
           FURTHER. IF YOU LOOK AT WHAT HAPPENED IN THE BRUTAL INSTANCE OF

           MATTHEW SHEPHERD, THE HORRIFIC MURDER OF JAMES BYRD JR., IT IS
           AWFULLY HARD TO SAY AS YOU LOOK AT THOSE KINDS OF BRUTAL ACTS
           THAT WHILE WE OUGHT TO JUST STUDY THINGS A LITTLE BIT MORE AND
           COLLECT SOME STATISTICS BEFORE THE FEDERAL GOVERNMENT IN EFFECT
           ACTS TO BE A BETTER PARTNER TO STATE AND LOCAL AUTHORITIES IN
           ADDRESSING THESE ISSUES. IT IS TIME TO CORRECT THE DEFICIENCIES
           IN CURRENT LAW. CRIME MOTIVATED BY RACE, RELIGION OR ETHNIC

           ORIGIN PROSECUTED BY FEDERAL AUTHORITIES BECAUSE IT OCCURRED ON
           A PUBLIC SIDEWALK BUT NOT IF IT TOOK PLACE IN A PRIVATE PARKING
           LOT ACROSS THE STREET. I MEAN, THIS IS JUST ONE EXAMPLE OF THE
           GAPS IN THE DEFICIENCIES IN THE CURRENT HATE CRIMES STATUTE.
           WHEN WE VOTE ON THIS ISSUE, MR. PRESIDENT, I BELIEVE NATIONAL
           VOTE -- AND IT WILL BE ONE -- THERE WILL BE SUPPORT FROM
           SENATORS ON BOTH SIDES OF THE AISLE. I WANT TO COMMEND MY

           FRIEND AND COLLEAGUE FROM OREGON, SENATOR GORDON SMITH, WHO HAS
           STOOD WITH ME AGAIN AND AGAIN ON THIS ISSUE. WHEN WE VOTE ON
           THIS, IT SEEMS TO ME THIS WILL BE NOTHING SHORT OF A REFERENDUM
           HERE IN THE UNITED STATES SENATE ON WHETHER THIS BODY IS GOING
           TO CONTINUE TO TOLERATE VIOLENT ACTS BORN OF PREJUDICE. AND AS
           I MENTIONED, I DON'T KNOW OF ANY SENATOR WHO IS IN FAVOR OF

           VIOLENCE. VIOLENT ACTS BORN OF PREJUDICE, ACTS THAT WE ALL KNOW
           ARE WRONG ARE TAKING PLACE IN TOO MANY COMMUNITIES IN OUR
           COUNTRY, MR. PRESIDENT. THEY ARE A STAIN ON OUR NATIONAL
           GREATNESS. AND THE EVIDENCE IS IN, AND IT IS CLEAR. IT IS TIME
           FOR FEDERAL LEGISLATION TO SEND A STRONG AND UNEQUIVOCAL
           MESSAGE THAT WE WILL NOT LOOK THE OTHER WAY IN THE FACE OF
           THESE CRIMES, THAT THEY WILL NOT BE TOLERATED, THAT THE FULL

           FORCE OF FEDERAL LAW ENFORCEMENT WILL BE BROUGHT AND WILL BE
           BROUGHT IN CONJUNCTION WITH STATE AND LOCAL AUTHORITIES TO
           ENSURE THAT THESE VIOLENT ACTS ARE PROSECUTED AND WE HAVE TAKEN
           EVERY STEP TO DETER THEM. MR. PRESIDENT, I YIELD THE FLOOR. MR.
           PRESIDENT, I NOTE THE ABSENCE OF A QUORUM.
           

           THE PRESIDING OFFICER: THE CLERK WILL CALL THE ROLL.
           
           
           
           QUORUM CALL:
           
{END: 2000/06/16 TIME: 12-15 , Fri.  106TH SENATE, SECOND SESSION}