A. Justice Department Programs and Initiatives

(1) The Federal Bureau of Investigation/Hate Crime Statistics Act
The FBI has been receptive to requests for HCSA training for state and local law enforcement officials. As of September 1998, the FBI had held more than 126 hate crime training conferences across the country, training nearly 7,700 law enforcement personnel from more than 2,600 agencies nationwide. The Bureau updated both its Hate Crime Data Collection Guidelines and its excellent Training Guide for Hate Crime Data Collection in 1996. ADL and other groups with expertise in analyzing and responding to hate violence have participated in a number of these training seminars for state and local law enforcement authorities on how to identify, report and respond to hate crimes.

(2) The Community Relations Service (CRS)
CRS is the only Federal agency that exists primarily to assist communities in addressing intergroup disputes. On many occasions since the establishment of CRS by the 1964 Civil Rights Act, CRS professionals, working with police officials and civil rights organizations, have acted to defuse community tensions and prevent disorders that could have escalated into riots. For example, CRS professionals have frequently provided technical assistance to law enforcement officials and community groups facing the impact of a Klan rally or a demonstration by organized hate groups. CRS has played a leading role in the implementation of the HCSA, the Justice Department's hate crime data collection mandate. CRS professionals have participated in HCSA training sessions for hundreds of law enforcement officials from dozens of police agencies across the country. CRS has also played a coordinating role in the development and implementation of the Justice Department's new law enforcement training curriculum.

(3) The Office for Victims of Crime (OVC)
In 1992, at the direction of Congress, the Justice Department's Office for Victims of Crime (OVC) provided funds for the development of a training curriculum to improve the response of law enforcement and victim assistance professionals to victims of hate crimes.¹³ This

13 Bias Crimes: National Bias Crime Training for Law Enforcement and Victim Assistance Professionals, Education Development Center, Inc., Massachusetts Criminal Justice Training Council, and the Office for Victims of Crime, 1994.

excellent OVC training curriculum also promotes coordinated action between law enforcement officials and victim assistance professionals in the investigation and prosecution of these crimes.

(4) The Office of Juvenile Justice and Delinquency Prevention (OJJDP)
In 1992, under the leadership of Sen. Herb Kohl (D-WI) and Rep. Nita Lowey (D-NY), Congress approved several new hate crime and prejudice-reduction initiatives as part of the four-year Juvenile Justice and Delinquency Prevention Act reauthorization.¹⁴

14 42 U.S.C. 5601.

The Act included a requirement that each state's juvenile delinquency prevention plan include a component designed to combat hate crimes and a requirement that the Justice Department's Office of Juvenile Justice and Delinquency Prevention (OJJDP) conduct a national assessment of youths who commit hate crimes, their motives, their victims, and the penalties received for the crimes.

In response, in 1993, OJJDP allocated funds for this national assessment -- a Hate Crime Study to identify the characteristics of juveniles who commit hate crimes, the types of hate crimes committed by juveniles, and a profile of victims of juvenile hate crimes. After a baffling, extended delay, OJJDP submitted an incomplete and disappointing report in July 1996¹⁵

15 Report to Congress on Juvenile Hate Crime, July 1996.

that failed to provide any insights into the magnitude of the problem, the characteristics of the offenders or victims, or the causes of juvenile hate violence. The report also failed to make recommendations for future study or future action. In addition, OJJDP provided funds for the development of an excellent, wide-ranging curriculum, "Healing the Hate" -- appropriate for educational, institutional, and other settings -- to address prevention and treatment of hate crimes committed by juveniles.

(5) The Bureau of Justice Statistics (BJS)
Under a grant funded by BJS, scholars and researchers from the Center for Criminal Justice Policy Research at Northeastern University in Boston are studying differences in reporting rates among law enforcement agencies -- and identifying strategies for increasing and sustaining reporting participation by these state and local officials. In addition, BJS is currently integrating questions about bias crime into its National Crime Victimization Survey.

(6) The Bureau of Justice Assistance (BJA)
Under a grant provided by BJA, the National Criminal Justice Association prepared a comprehensive report on Federal, state and local response to hate crimes. This report, "A Policymaker's Guide to Hate Crimes," includes a review of relevant legal cases and law enforcement hate crime practices. Over the past year, BJA has provided essential funding for the development of a four-part law enforcement training curriculum, piloted in three train-the-trainer conferences in the fall of 1998. BJA also provided funding for the International Association of Chiefs of Police (IACP) for its national Hate Crime Summit in June 1998. In addition, BJA is funding an important new initiative to develop and provide training for prosecutors in responding to hate crimes. The National District Attorneys Association, through its research arm, the American Prosecutors Research Institute, is developing these training materials, best practices, and model protocols for effective response to bias crimes.

(7) National Institute of Justice (NIJ)
Under a 1995 grant provided by NIJ, the American Prosecutors Research Institute of the National District Attorneys Association conducted a survey of prosecutor protocols in handling bias-motivated cases. The objective of the initiative was to develop a hate crimes training guide for prosecutors.

(8) The Office of Violence Against Women
The Office oversees the implementation of the Violence Against Women Act (VAWA). For further information see Section V(C).

(9) The Office of Community Oriented Policing Services (COPS)
Hate violence can be addressed effectively through a combination of presence, prevention and outreach to the community that is the hallmark of community policing. Over the past year, the COPS Office has provided essential funding for the IACP Hate Crime Summit and for the production and distribution of the Justice Department's excellent law enforcement hate crime training initiative. In addition, the COPS Office funded several bias crime-related initiatives under its $40 million Problem-Solving Partnership grant program.

B. The Department of Education

There is growing awareness of the need to complement tough laws and more vigorous enforcement -- which can deter and redress violence motivated by bigotry -- with education and training initiatives designed to reduce prejudice. The Federal Government has a central role to play in funding program development in this area and promoting awareness of initiatives that work.

In 1992, for the first time, Congress acted to incorporate anti-prejudice initiatives into The Elementary and Secondary Education Act (ESEA), the principal Federal funding mechanism for the public schools.¹⁶

16 20 U.S.C. 6302.13

Title IV of the Act, Safe and Drug-Free Schools and Communities, also included a specific hate crimes prevention initiative -- promoting curriculum development and "professional training and development for teachers and administrators on the cause, effects, and resolutions of hate crimes or hate-based conflicts." These new Federal initiatives represent an important step forward in efforts to institutionalize prejudice reduction as a component of violence prevention programming.

In a significant step towards fulfillment of the promise of this measure, in July 1996, the Department of Education provided almost $2 million in new grants to fund the development and implementation of "innovative, effective strategies for preventing and reducing the incidence of crimes and conflicts motivated by hate in localities directly affected by hate crimes."¹⁷

17 Federal Register, Vol. 61, No. 128 (July 2, 1996).

ADL received one of these grants for the development and implementation of a four-site anti-bias crime training program, STOP THE HATE, which focuses on peer training for high school students, and diversity training for teachers, administrators, parents, and the surrounding school communities.

The Department of Education took a lead role in planning the White House Conference on School Violence in the fall of 1998. The League's new Anti-Bias Study Guide for secondary schools was highlighted at that Conference.

C. The U.S. Commission on Civil Rights

The U.S. Commission on Civil Rights has historically held useful field hearings and briefings on race relations and hate violence. The Commission held community forums on the suspicious fires at houses of worship in six Southern states in July 1996. Hosted by its State Advisory Committees, the Commission heard testimony from community and civic leaders, and Federal, state and local law enforcement officials.

D. The Department of the Treasury

Hate crime response experts from around the country -- including ADL representatives -- have assisted in the development of an excellent model hate crime training curriculum for use by the Federal Law Enforcement Training Centers (FLETC) for Federal, state and local police officials. The FLETC curriculum has been presented at 22 training seminars across the country to over 650 law enforcement training personnel -- and deserves much more attention and promotion.

E. The Department of Housing and Urban Development (HUD)

In conjunction with the National Council of Churches and the Congress of National Black Churches, HUD has organized a series of information seminars at which HUD officials discuss its $10 million loan guarantee rebuilding fund, with architects, lawyers, and construction specialists available to offer specific assistance. In addition, representatives from the Justice Department, BATF, and FEMA have also been on hand to discuss enforcement and arson prevention activities. Over 100 houses of worship will receive rebuilding assistance through HUD's National Rebuilding Initiative. In December 1997, HUD promulgated a proposed rule to expand civil penalties for Fair Housing Act violations. Under this new procedure, Administrative Law Judges would be explicitly authorized to assess a separate civil penalty for multiple acts involving housing discrimination. This initiative, called "Make 'Em Pay," is designed to combat housing-related acts of hate violence by increasing the severity of the consequences for committing such a crime. In addition, HUD officials are now planning a national "Healing Neighborhoods" conference in an effort to increase the housing community's awareness of hate crime issues.

Next: State Hate Crime Laws