[House Report 111-91]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-91

======================================================================


 
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

                                _______
                                

  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''.

                                  
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