[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[House]
[Pages H7887-H7888]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, propoosed amendments were submitted as 
follows:

                               H.R. 2670

                        Offered By: Mr. Dingell

       Amendment No. 25: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     title:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

       Sec. 801. (a)(1) None of the funds provided under this Act 
     for grants authorized by section 102(e) of the Crime 
     Identification Technology Act of 1998 in the item relating to 
     ``DEPARTMENT OF JUSTICE--Community Oriented Policing 
     Services'' may be used to provide funds to a State that has 
     not certified on a quarterly basis to the Attorney General 
     that 95 percent or more of the records of the State 
     evidencing a State judicial or executive determination by 
     reason of which a person is described in paragraph (2) are 
     sent to the Federal Bureau of Investigation to support 
     implementation of the National Instant Criminal Background 
     Check System established under section 103 of the Brady 
     Handgun Violence Protection Act.
       (2) A person is described in this paragraph if the person 
     is described in paragraph (1), (2), (3), (4), (8), or (9) of 
     subsection (g) or subsection (n) of section 922 of title 18, 
     United States Code.
       (b) The Attorney General may prescribe guidelines and issue 
     regulations necessary to carry out this section.
       (c) This section shall take effect on the date that is 180 
     days after the date of the enactment of this Act.

                               H.R. 2670

                        Offered By: Mr. Hayworth

       Amendment No. 26: At the end of the bill, insert after the 
     last section (preceding the short title) the following:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

       Sec. 801. None of the funds made available in this Act may 
     be used for any activity in support of adding or maintaining 
     any World Heritage Site in the United States on the List of 
     World Heritage in Danger as maintained under the Convention 
     Concerning the Protection of the World Cultural and Natural 
     Heritage.

[[Page H7888]]

                               H.R. 2670

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 27: Add at the end of the bill, the following 
     new title:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Hate Crimes Prevention Act 
     of 1999''.

     SEC. 802. FINDINGS.

       Congress finds that--
       (1) the incidence of violence motivated by the actual or 
     perceived race, color, national origin, religion, sexual 
     orientation, gender, or disability of the victim poses a 
     serious national problem;
       (2) such violence disrupts the tranquility and safety of 
     communities and is deeply divisive;
       (3) existing Federal law is inadequate to address this 
     problem;
       (4) such violence affects interstate commerce in many ways, 
     including--
       (A) by impeding the movement of members of targeted groups 
     and forcing such members to move across State lines to escape 
     the incidence or risk of such violence; and
       (B) by preventing members of targeted groups from 
     purchasing goods and services, obtaining or sustaining 
     employment or participating in other commercial activity;
       (5) perpetrators cross State lines to commit such violence;
       (6) instrumentalities of interstate commerce are used to 
     facilitate the commission of such violence;
       (7) such violence is committed using articles that have 
     traveled in interstate commerce;
       (8) violence motivated by bias that is a relic of slavery 
     can constitute badges and incidents of slavery;
       (9) although many State and local authorities are now and 
     will continue to be responsible for prosecuting the 
     overwhelming majority of violent crimes in the United States, 
     including violent crimes motivated by bias, Federal 
     jurisdiction over certain violent crimes motivated by bias is 
     necessary to supplement State and local jurisdiction and 
     ensure that justice is achieved in each case;
       (10) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes; and
       (11) the problem of hate crime is sufficiently serious, 
     widespread, and interstate in nature as to warrant Federal 
     assistance to States and local jurisdictions.

     SEC. 803. DEFINITION OF HATE CRIME.

       In this title, the term ``hate crime'' has the same meaning 
     as in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note).

     SEC. 804. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.

       Section 245 of title 18, United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c)(1) Whoever, whether or not acting under color of law, 
     willfully causes bodily injury to any person or, through the 
     use of fire, a firearm, or an explosive device, attempts to 
     cause bodily injury to any person, because of the actual or 
     perceived race, color, religion, or national origin of any 
     person--
       ``(A) shall be imprisoned not more than 10 years, or fined 
     in accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, or fined in accordance with this title, or both if--
       ``(i) death results from the acts committed in violation of 
     this paragraph; or
       ``(ii) the acts omitted in violation of this paragraph 
     include kidnapping or an attempt to kidnap, aggravated sexual 
     abuse or an attempt to commit aggravated sexual abuse, or an 
     attempt to kill.
       ``(2)(A) Whoever, whether or not acting under color of law, 
     in any circumstance described in subparagraph (B), willfully 
     causes bodily injury to any person or, through the use of 
     fire, a firearm, or an explosive device, attempts to cause 
     bodily injury to any person, because of the actual or 
     perceived religion, gender, sexual orientation, or disability 
     of any person--
       ``(i) shall be imprisoned not more than 10 years, or fined 
     in accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, or fined in accordance with this title, or both, if--
       ``(I) death results from the acts committed in violation of 
     this paragraph; or
       ``(II) the acts committed in violation of this paragraph 
     include kidnapping or an attempt to kidnap, aggravated sexual 
     abuse or an attempt to commit aggravated sexual abuse, or an 
     attempt to kill.
       ``(B) For purposes of subparagraph (A), the circumstances 
     described in this subparagraph are that--
       ``(i) in connection with the offense, the defendant or the 
     victim travels in interstate or foreign commerce, uses a 
     facility or instrumentality of interstate or foreign 
     commerce, or engages in any activity affecting interstate or 
     foreign commerce; or
       ``(ii) the offense is in or affects interstate or foreign 
     commerce.''.

     SEC. 805. DUTIES OF FEDERAL SENTENCING COMMISSION.

       (a) Amendment of Federal Sentencing Guidelines.--Pursuant 
     to its authority under section 994 of title 28, United States 
     Code, the United States Sentencing Commission shall study the 
     issue of adult recruitment of juveniles to commit hate crimes 
     and shall, if appropriate, amend the Federal sentencing 
     guidelines to provide sentencing enhancements (in addition to 
     the sentencing enhancement provided for the use of a minor 
     during the commission of an offense) for adult defendants who 
     recruit juveniles to assist in the commission of hate crimes.
       (b) Consistency With Other Guidelines.--In carrying out 
     this section, the United States Sentencing Commission shall--
       (1) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (2) avoid duplicative punishments for substantially the 
     same offense.

     SEC. 806. GRANT PROGRAM.

       (a) Authority to Make Grants.--The Office of Justice 
     Programs of the Department of Justice shall make grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State and local programs designed to combat 
     hate crimes committed by juveniles, including programs to 
     train local law enforcement officers in investigating, 
     prosecuting, and preventing hate crimes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 807. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 
                   STATE AND LOCAL LAW ENFORCEMENT.

       There are authorized to be appropriated to the Department 
     of the Treasury and the Department of Justice, including the 
     Community Relations Service, for fiscal years 1998, 1999, and 
     2000 such sums as are necessary to increase the number of 
     personnel to prevent and respond to alleged violations of 
     section 245 of title 18, United States Code (as amended by 
     this Act).

     SEC. 808. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title, the amendments made by this 
     title, and the application of the provisions of such to any 
     person or circumstance shall not be affected thereby.

                               H.R. 2670

                         Offered By: Mr. Tauzin

       Amendment No. 28: At the end of the bill, insert after the 
     last section (preceding the short title) the following:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

       Sec. 801. None of the funds made available in this Act may 
     be used to administer or enforce the Uniform System of 
     Accounts for Telecommunications Companies of the Federal 
     Communications Commission (47 C.F.R. part 32) with respect to 
     any common carrier that--
       (1) was determined to be subject to price cap regulation by 
     the Commission's order in CC Docket No. 87-313, In the Matter 
     of Policy and Rules Concerning Rates for Dominant Carriers 
     (9-19-90), at paragraph 262; or
       (2) has elected to be subject to price cap regulation 
     pursuant to section 61.41(a)(3) of the Commission's 
     regulations (47 C.F.R. 61.41(a)(3)).

                               H.R. 2684

                       Offered By: Mr. LaTourette

       Amendment No. 1: In the matter relating to ``National 
     Aeronautics and Space Administration; human space flight'', 
     after the dollar amount, insert ``(reduced by $67,986,000)''.
       In the matter relating to ``National Aeronautics and Space 
     Administration; science, aeronautics and technology'', after 
     the dollar amount, insert ``(increased by $67,986,000)''.

                               H.R. 2684

                       Offered By: Mr. LaTourette

       Amendment No. 2: In the matter relating to ``National 
     Aeronautics and Space Administration; science, aeronautics 
     and technology'', after the dollar amount, insert 
     ``(increased by $67,986,000)''.
       In the matter relating to ``National Aeronautics and Space 
     Administration; science, aeronautics and technology'', after 
     ``September 30, 2001'' insert ``, of which $322,308,000 shall 
     be for activities at Glenn Research Center (so that the total 
     amount made available under this Act for the Glenn Research 
     Center is $568,288,000, the same amount as was available for 
     fiscal year 1999)''.