[House Report 111-91]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-91
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1913) TO PROVIDE FEDERAL
ASSISTANCE TO STATES, LOCAL JURISDICTIONS, AND INDIAN TRIBES TO
PROSECUTE HATE CRIMES, AND FOR OTHER PURPOSES
_______
April 28, 2009.--Referred to the House Calendar and ordered to be
printed
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Mr. Hastings of Florida, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 372]
The Committee on Rules, having had under consideration
House Resolution 372, by a record vote of 7 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1913, the
``Local Law Enforcement Hate Crimes Prevention Act of 2009,''
under a closed rule. The resolution provides for one hour and
twenty minutes of debate equally divided and controlled by the
chair and ranking minority member of the Committee on the
Judiciary, who may yield control of blocks of that time.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution provides that the amendment
in the nature of a substitute recommended by the Committee on
the Judiciary, modified by the amendment printed in this
report, shall be considered as adopted and the bill, as
amended, shall be considered as read. The resolution waives all
points of order against the bill, as amended. This does not
affect the point of order available under clause 9 of rule XXI
(regarding earmark disclosure). Finally, the resolution
provides one motion to recommit with or without instructions.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except those arising under clause 9
or 10 of rule XXI), the Committee is not aware of any points of
order against the bill's consideration. The waiver of all
points of order against consideration of the bill is
prophylactic. Although the rule waives all points of order
against the bill, as amended, the Committee is not aware of any
points of order against the bill, as amended. The waiver of all
points of order against the bill, as amended, is prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 60
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Rooney, Tom (FL), #1, which
would add status as a member of the Armed Forces as a protected
class under the bill.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 61
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Goodlatte, Bob (VA), #2, which
would add status as a pregnant women as a protected class under
the bill.
Results: Defeated 4-6.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Yea; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 62
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gohmert, Louie (TX), #6, which
would bar prosecution of hate crimes based on victim's actual
or perceived religion, national origin, gender, sexual
orientation, gender identity, or disability if the state has no
law prohibiting the conduct instead of if the state does not
have jurisdiction or does not intend to exercise jurisdiction.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 63
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gohmert, Louie (TX), #7, which
would define ``sexual orientation'' as not including
apotemnophilia, asphyxophilia, autogynephilia, coprophilia,
exhibitionism, fetishism, frotteurism, gerontosexuality,
incest, kleptophilia, klismaphilia, necrophilia, partialism,
pedophilia, sexual masochism, sexual sadism, telephone
seatalogia, toucherism, transgenderism, transsexual,
transvestite, transvestic fetishism, urophilia, voyeurism, or
zoophilia.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 64
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Goodlatte, Bob (VA), #3, which
would add status as a senior citizen who has attained the age
of 65 years as a protected class under the bill.
Results: Defeated 4-6.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Yea; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 65
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gohmert, Louie (TX), #8, which
would include status as a law enforcement officer as a
protected class under the bill.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 66
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gohmert, Louie (TX), #9, which
would include the death penalty as a punishment under the bill.
Results: Defeated 4-6.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Yea; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 67
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Franks, Trent (AZ), #10, which
would bar prosecutions if the offender was at the time of the
offense engaged in expressive conduct such as speech or other
lawful activity, including the right to associate with other
religious groups or members.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 68
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. King, Steve (IA), #11, which
would add the general category of any person with an
``immutable characteristic'' to the hate crime protected
categories.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 69
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Mr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. King, Steve (IA), #12, which
would increase the threshold of a hate crime to those with the
``intent to intimidate or terrorize the class of persons.''
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 70
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. King, Steve (IA), #13, which
would replace the term ``gender'' with the term ``sex'' in the
bill, and strike the term ``gender identity.''
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 71
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Dr. Foxx.
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. King, Steve (IA), #14, which
would strike the short title and replace it with ``Local Law
Enforcement Thought Crimes Prevention Act of 2009.''
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 72
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Dr. Foxx.
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. King, Steve (IA), #15, which
would provide that when an undocumented worker willfully causes
bodily injury to a U.S. national, the crime shall be considered
a hate crime and punished as a hate crime.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 73
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Dr. Foxx.
Summary of Motion: To make in order and provide appropriate
waivers for an amendment by Rep. King, Steve (IA), #16, which
would eliminate pedophilia from any definition of sexual
orientation.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 74
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gohmert, Louie (TX), #17,
which would protect religious leaders from prosecution for
preaching beliefs drawn from the Bible, Tanakh, or Koran.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay;
Rules Committee record vote No. 75
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gohmert, Louie (TX), #18,
which would apply the Act to crimes committed against people
while they attend religious services.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 76
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gohmert, Louie (TX), #19,
which would add military recruiters to the list of protected
classes.
Results: Defeated 3-7.
Vote by Member: McGovern--Nay; Hastings--Nay; Cardoza--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Dreier--Yea;
Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 77
Date: April 28, 2009.
Measure: H.R. 1913.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 7-3.
Vote by Members: McGovern--Yea; Hastings--Yea; Cardoza--
Yea; Arcuri--Yea; Perlmutter--Yea; Pingree--Yea; Dreier--Nay;
Sessions--Nay; Foxx--Nay; Slaughter--Yea.
SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED
The amendment clarifies that the bill covers tribal lands.
It also extends from 30 days to 180 days the period for the
Attorney General to approve or deny applications for grants to
cover expenses related to state, local, and tribal
investigation and prosecution of hate crimes. It clarifies that
offenses committed with dangerous weapons can be considered
hate crimes. The amendment clarifies that those that engage in
prohibited conduct in the special maritime or territorial
jurisdiction of the bill shall be covered. The amendment also
clarifies that the District of Columbia, Puerto Rico, and other
territories and possessions are covered jurisdictions. It bars
prosecutions, trials, and punishment for offenses not resulting
in death unless the indictment is found or the information is
instituted not later than 7 years after the offense. Finally,
the amendment makes technical changes to the bill.
TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED
Page 4, line 8, strike ``Indian'' and insert ``Tribal''.
Page 4, beginning on line 20, strike ``local, and Indian''
and insert ``local, or Tribal''.
Page 5, beginning on line 7, strike ``local, and Indian'' and
insert ``local, or Tribal''.
Page 5, line 18, strike ``local, and Indian'' and insert
``local, or Tribal''.
Page 6, line 6, strike ``30'' and insert ``180''.
Page 8, line 2, after ``firearm,'' insert ``a dangerous
weapon,''.
Page 8, line 25, after ``firearm,'' insert ``a dangerous
weapon,''.
Page 10, after line 22, insert the following:
``(3) Additional federal nexus for offense.--Whoever,
in the special maritime or territorial jurisdiction of
the United States, or in Indian country, engages in
conduct described in paragraph (1) or in paragraph
(2)(A) (without regard to whether that conduct occurred
in a circumstance described in paragraph (2)(B)) shall
be subject to the same penalties as those provided for
offenses under those paragraphs.
Page 12, line 3, strike ``and''.
Page 12, line 5, strike the period and insert ``; and''.
Page 12, after line 5 insert the following:
``(C) the term `State' includes the District
of Columbia, Puerto Rico, and any other
territory or possession of the United States.
Page 12, after line 8, insert the following new subsection
(and redesignate the succeeding subsection accordingly):
``(d) Statute of Limitations.--
``(1) Offenses not resulting in death.--Except as
provided in paragraph (2), no person shall be
prosecuted, tried, or punished for any offense under
this section unless the indictment for such offense is
found, or the information for such offense is
instituted, not later than 7 years after the date on
which the offense was committed.
``(2) Death resulting offenses.--An indictment or
information alleging that an offense under this section
resulted in death may be found or instituted at any
time without limitation.
Page 13, line 5, strike ``by the'' and insert ``by, the''.