Mr. Speaker, pursuant to House Resolution 364, I call up the bill (H.R. 1592) to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes, and ask for its immediate…
Mr. Speaker, pursuant to House Resolution 364, I call up the bill (H.R. 1592) to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes, and ask for its immediate consideration.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks on
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the hate crimes bill, H.R. 1592, will provide assistance to State and local enforcement agencies and amend Federal law to facilitate the investigation and prosecution of violent, bias-motivated crimes.
Last Congress, this legislation passed with a bipartisan vote, and it also passed in the 108th Congress and the 106th Congress. So we have the same bill before us that we had in the 109th Congress.
This legislation has attracted the support of over 211 civil rights organizations, educational institutions, religious organizations, civic groups; and importantly, virtually every major law enforcement organization in the country has endorsed the bill, including the International Association of Chiefs of Police, the National District Attorneys Association, the National Sheriffs Association, the Police Executive Research Forum and 26 State attorneys general.
Hate crimes are disturbingly prevalent and pose a significant threat to the full participation of all Americans in our democratic society. It just so happens that we documented 113,000 hate crimes by the Federal Bureau of Investigation, and in the year 2005, the most current data available, the FBI compiled reports on law enforcement agencies across the country, identifying 7,163 bias-motivated criminal incidents.
The fact of the matter that is known to law enforcement is that hate crime incidents are notoriously underreported; and so we come here today to take the civil rights laws that we have passed across the years to the last, final extent, to crimes of violence based on the hate of the individual, intended to intimidate the class or group that that individual comes from.
We have a strong bill. We have more supporters than ever in the Congress and in the national community, and we know that the current law limits Federal jurisdiction over hate crimes against individuals on the basis of race, religion, color or national origin, but only when the victim is targeted because he or she is engaged in a Federal protected activity, such as voting.
Further, the existing statutes do not permit Federal involvement in a range of cases where the crimes are motivated by bias against the victims' actual or perceived sexual orientation, gender, gender identity or disability.
This legislation, identical to the version approved in the 109th Congress, will strengthen existing Federal law in the same way that the Church Arson Prevention Act of 1996 helped Federal prosecutors combat church arson, by addressing the rigid jurisdictional requirements under Federal law and expand the jurisdiction to crimes motivated by bias against the victim's actual or perceived sexual orientation, gender, gender identity or disability.
This bill only applies to bias-motivated crimes of violence. It does not impinge on public speech or writing in any way. In fact, the measure improves two explicit first amendment free speech protections for the accused, and we want you to know that there are no first amendment disabilities about this measure in any way. As a personal advocate of the first amendment, I can assure you that that would be the last thing that would be allowed to be in this bill.
What we are saying now is that a vote for this bill is not a vote in favor of any particular sexual belief or characteristic. It is a vote, rather, to provide basic rights for and protection for individuals so that they are protected from assaults based on their sexual orientation.
But the majority of incidents reported on racially motivated crimes, 54 percent, are based on racially motivated crimes, 17 percent on religious bias, and 14 percent on sexual orientation bias.
The time has come for the Congress to finally deal with this whole subject
of hate crimes. It is a blot on our constitutional understanding of what democracy is all about, and it is so important that today we debate and pass finally the hate crimes law that has been here and approved in three different Congresses.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield 2 minutes to a distinguished member of the committee, Tammy Baldwin of Wisconsin.
Mr. Speaker, I yield myself 20 seconds.
First of all, I want to assure my friend Mr. Lungren, the former attorney general of California, that we have no opposition about dealing with the definition of which he complained.
I also take this opportunity to remind him that 26 State attorney generals, just like you were, approved this bill.
Now I turn to the chairman of the Subcommittee on Crime, Bobby Scott, and I yield him 2 minutes.
Mr. Speaker, I yield for a unanimous consent request to the gentleman from Connecticut (Mr. Shays).
(Mr. SHAYS asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I now yield 1 minute to the gentleman from Illinois (Mr. Kirk).
Mr. Speaker, I am pleased now to recognize the chairman of the Subcommittee on the Constitution, the gentleman from New York, Mr. Jerry Nadler, for 2 minutes.
I yield 1 minute now to a distinguished member of the Judiciary Committee, Mr. Ellison of Minnesota.
Mr. Speaker, I am pleased now to yield to a distinguished Member on the Judiciary Committee, Steve Cohen of Tennessee, for 1 minute.
Mr. Speaker, I'm pleased now to recognize the gentleman from Alabama, a distinguished member of the Judiciary Committee, Artur Davis for 1\1/2\ minutes.
Mr. Speaker, I'm pleased now to recognize the most distinguished civil rights leader that we have serving in the House of Representatives, the gentleman from Georgia, Mr. John Lewis. And I yield to him 1 minute.
Mr. Speaker, I'm pleased now to yield to the distinguished gentleman from South Carolina (Mr. Clyburn) for 1 minute.
(Mr. CLYBURN asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself 5 seconds to respond to my dear friend from California (Mr. Lungren).
The purpose of this hate crime bill is to supplement State and local actions. It is not to take over.
Mr. Speaker, I now yield to the gentleman from Georgia, Mr. Hank Johnson, member of the Judiciary Committee, 1 minute.
Mr. Speaker, I am delighted to yield 1 minute to the chairman of our caucus, Mr. Rahm Emanuel of Illinois.
Mr. Speaker, I am pleased now to yield 1 minute to a distinguished member of the Committee on the Judiciary from Houston, Texas, Ms. Sheila Jackson-Lee.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I am proud to yield 1 minute to Jan Schakowsky of Illinois.
Mr. Speaker, I apologize to my colleagues. We have twice as many requests for time than we have the time.
Mr. Speaker, I now yield 30 seconds to the brilliant gentlelady from Oakland, California, Barbara Lee.
(Ms. LEE asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I am honored to yield 1 minute to the majority leader, Mr. Hoyer.
Mr. Speaker, it is my honor now to recognize the Speaker of the House, Ms. Nancy Pelosi, for 1 minute.
Mr. Speaker, I yield now for a unanimous consent request to the gentleman from Ohio.
(Mr. KUCINICH asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I now yield 30 seconds to the gentleman from Oregon (Mr. Blumenauer).
Mr. Speaker, I am pleased now to yield 30 seconds to my dear friend from Maryland (Mr. Wynn).
Mr. Speaker, I am pleased to recognize our brother from Missouri (Mr. Cleaver), himself a minister, for 30 seconds.
Mr. Speaker, I now recognize the gentleman from Rhode Island (Mr. Langevin) for 30 seconds.
(Mr. LANGEVIN asked and was given permission to revise and extend his remarks.)
Mr. Speaker, may I inquire as to how much time is remaining?
I am now pleased to recognize Lynn Woolsey of California for 30 seconds.
Mr. Speaker, I am pleased to conclude our debate by yielding our remaining time to the gentleman from Texas (Mr. Al Green).
Mr. Speaker, I would ask the distinguished gentleman from Texas, Mr. Smith, would he yield for a unanimous consent request that the bill be amended as follows: Page 12, line 5 after ``orientation'' insert ``status as a senior citizen who has attained the age of 65 years; status as a current or former member of the armed services.''
Would the gentleman yield for a unanimous consent request on that?
Mr. Speaker, would the gentleman from Texas, Mr. Smith, the proponent of the motion to recommit, yield for a unanimous consent request that the motion be amended by striking the word ``promptly'' and inserting the word ``forthwith?''
Mr. Speaker, I have a parliamentary inquiry.
Mr. Speaker, I notice that the motion being offered by the gentleman provides the bill be reported back to the House ``promptly'' rather than reported back ``forthwith.''
Is it true, as I believe to be the case, that the effect of the word ``promptly'' is that the House is not being asked to amend this bill, but to send it off the Floor and back to the Judiciary Committee?
Mr. Speaker, I do.
Mr. Speaker, I am not inclined to at this time.
Mr. Speaker, I rise in strong opposition to the motion to recommit, which would not operate as a simple amendment, but, listen to me, would instead send the bill back to the Committee on the Judiciary, in essence killing the bill for the remainder of the Congress.
The categories of individuals included in the amendment, seniors and members of the armed services, are entitled to protection under the law, and in point of fact they have protection under the law at both Federal and State levels. I note that it is already a Federal crime to kill or attempt to kill any member of the armed services under 18