S.Amdt. 1685

SA 1685. Mr. ENSIGN submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. HATE CRIMES.

(a) Findings.--Notwithstanding any other provision of this Act, any finding by Congress in division ___ of this Act relating to actual or perceived gender identity shall have no force or effect and shall be null and void.

(b) Support for Criminal Investigations and Prosecutions.--Notwithstanding any other provision of this Act, the Attorney General may not provide assistance to a State, local, or tribal law enforcement agency under section __04 of this Act based on actual or perceived gender identity.

(c) Federal Offense.--Notwithstanding any other provision of this Act, section 924 of title 18, United States Code, as added by section __07 of this Act, is amended--

(1) in subsection (a)(2)--

(A) in the paragraph heading, by striking “gender identity,”; and

(B) in subparagraph (A), by striking “gender identity”; and

(2) in subsection (c)--

(A) in paragraph (2), by adding “and” at the end;

(B) in paragraph (3), by striking “; and” and inserting a period; and

(C) by striking paragraph (4).

(d) Statistics.--Notwithstanding any other provision of this Act, subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note), as amended by section __08 of this Act, is amended by striking “and gender identity”.

(e) Rule of Construction.--Notwithstanding any other provision of this Act, division __ of this Act (relating to hate crimes), and the amendments made by that division, shall not apply to actual or perceived gender identity.