Hatch’s bill protecting religious institutions passes in the Judiciary Committee

Senator Orrin Hatch (R-UT), the longest-serving member and former Chairman of the Senate Judiciary Committee, commended the Senate Judiciary Committee for passing his bill, The Protecting Religiously Affiliated Institutions Act of 2017.

The bipartisan proposal will strengthen protections for religious entities and their properties in the face of increasing persecution.

“This bill was a direct response to a dramatic increase in the number of hoax bomb threats against Jewish community centers and other Jewish institutions, as well as a spate of fires at Islamic centers and mosques.  Religious institutions—whether they be affiliated with Christian, Jewish, Muslim, or other faiths—are regularly vandalized. These attacks are intolerable.  Crimes targeting religious institutions are intended to create an atmosphere of fear. They pose a danger to the religious freedom and security of all Americans. This legislation makes clear that these acts will not be tolerated.”

Hatch’s bill clarifies that federal law prohibits threats toward religious institutions, modestly increases the criminal penalty for cases in which the underlying conduct causes significant damage or destruction, and clarifies that “religious real property” includes property that is leased by religious institutions.

The bill has been endorsed by various religious groups, including Agudath Israel of America and the Muslim-Jewish Advisory Council. Both groups have written letters of support (see attached) that the Senator has requested be placed in the Congressional Record.

Statements of Support for Hatch’s Legislation:

Rabbi Abba Cohen, Vice President for Federal Government Affairs, Washington Director, and Counsel—Agudath Israel of America:

“Threats against religious institutions have, for decades, been a cause for concern…the ultimate goal of such threats is to instill fear and to intimidate or obstruct a religious adherent’s ability to exercise his or her religious beliefs. These actions should not be tolerated in our nation…. We congratulate you on sponsoring this important legislation, and we urge members to speedily report it favorably out of committee.”

Muslim-Jewish Advisory Council:

“Since January 2017, at least five mosques have suffered arson attacks while dozens of Jewish, Muslim, Christian, and other religious institutions have been vandalized. These attacks infringe on the Constitution’s protection of the free exercise of religion. Moreover, crimes against religious institutions are intending to create an atmosphere of fear that deters community members from attending worship services and social involvement. They pose a danger to the religious freedom and security of all Americans. Let’s work together and reverse the rise in hate crimes. We urge speedy action on the Protecting Religiously Affiliated Institutions Act of 2018.”

Senator Hatch’s full hearing remarks, as prepared for delivery, are below:

Thank you, Chairman Grassley, for bringing the Protecting Religiously Affiliated Institutions Act before the Judiciary Committee today.  I would especially like to thank Ranking Member Feinstein for working with me on this important legislation.  And thank you to Senator Graham for joining us a cosponsor.

This bill was a direct response to a dramatic increase in the number of hoax bomb threats against Jewish community centers and other Jewish institutions, as well as a spate of fires at Islamic centers and mosques.  Religious institutions – whether they be affiliated with Christian, Jewish, Muslim, or other faiths – are regularly vandalized.

These attacks are intolerable.  Crimes targeting religious institutions are intended to create an atmosphere of fear.  They pose a danger to the religious freedom and security of all Americans.

This legislation makes clear that these acts will not be tolerated.

The substitute amendment I will offer today does three things.

First, it clarifies that federal law prohibits threats toward religious institutions, whether they be synagogues, mosques, churches, or religious community centers.

Second, it modestly increases the criminal penalty for cases in which the underlying conduct causes significant damage or destruction.

Finally, it clarifies that “religious real property” includes property that is leased by religious institutions, to ensure property such as religious community centers are covered.

Earlier this week I received letters of support from the Muslim-Jewish Advisory Council and Agudath Israel of America.  I ask unanimous consent that these letters be placed in the record.

With that, I call up and offer my manager’s substitute amendment HEN18446 to S. 994, the Protecting Religiously Affiliated Institutions Act.  The amendment adopts, with a technical change, the language from H.R. 1730 that passed the House 402-2 in December.

I would also like to add that part of the reason these changes were made in the House was to address Democratic concerns about the death penalty.  This amendment clarifies – clarifies – that a “threat of force” prohibited under the current statute includes “threats of force” made against religious real property.  I do not believe this amendment can reasonably be read, and I do not intend it to be read, to expand the permissible application of the death penalty provision in 18 U.S.C. § 247.

Thank you, Mr. Chairman.  I encourage my colleagues on this Committee to join me in advancing this legislation to the Senate floor.