May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4421 Mr. WILSON of South Carolina. Mr. ELECTION OF MEMBER TO COM- There was no objection. Speaker, following President Bush’s MITTEE ON HOUSE ADMINISTRA- Mr. MCGOVERN. Mr. Speaker, House veto of the Democrat plan for defeat, TION Resolution 364 provides for consider- ation of H.R. 1592, the Local Law En- the House voted yesterday to uphold Mr. MCGOVERN. Mr. Speaker, by di- the veto and override the Democrat at- rection of the Democratic Caucus, I forcement Hate Crimes Prevention Act tempts to micromanage the war. offer a privileged resolution (H. Res. of 2007, under a closed rule. The rule It is crucial that we achieve victory 368) and ask for its immediate consider- provides 1 hour of debate equally di- in Iraq as the central front in the glob- ation. vided and controlled by the chairman al war on terrorism. Retreat will em- The Clerk read the resolution, as fol- and ranking minority member of the bolden our enemy. This will lead to the lows: Committee on the Judiciary. re-establishment of terrorist training The rule waives all points of order camps from which our enemies would H. RES. 368 against consideration of the bill, ex- launch attacks against us and our al- Resolved, That the following named Mem- cept those arising under clauses 9 and lies. ber be, and is hereby, elected to the fol- 10 of rule XXI. The rule provides that lowing standing committee of the House of We should trust the leadership of the committee amendment in the na- General David Petraeus and our mili- Representatives: (1) COMMITTEE ON HOUSE ADMINISTRATION.— ture of a substitute, modified by the tary leaders. As the father of an Iraqi Mr. Davis of Alabama. amendment printed in the Rules Com- veteran and four sons in the military, I The resolution was agreed to. mittee report, shall be considered as know firsthand of the excellence of our adopted, and the bill, as amended, shall troops. A motion to reconsider was laid on the table. be considered as read. The rule waives We must face the enemy overseas or all points of order against the bill, as we will face them again in the streets f amended. of America. LOCAL LAW ENFORCEMENT HATE Mr. Speaker, I rise today in support I urge Democrat leaders to work with of this rule and of the underlying legis- Republicans to pass a clean supple- CRIMES PREVENTION ACT OF 2007 lation. H.R. 1592, the Local Law En- mental bill and get our troops the Mr. MCGOVERN. Mr. Speaker, by di- forcement Hate Crimes Prevention Act funding they need to carry out their rection of the Committee on Rules, I of 2007, is a bipartisan piece of legisla- mission to protect American families. call up House Resolution 364 and ask tion that has already passed the House In conclusion, God bless our troops, for its immediate consideration. and we will never forget September 11. multiple times with Members from The Clerk read the resolution, as fol- both sides supporting it. f lows: In the 109th Congress, this legislation NATIONAL DAY OF PRAYER H. RES. 364 passed as an amendment to the Child (Mr. ADERHOLT asked and was Resolved, That upon the adoption of this Safety Act by a vote of 223–199. And in resolution it shall be in order to consider in given permission to address the House both the 108th and 106th Congresses, the House the bill (H.R. 1592) to provide Fed- hate crimes legislation passed with bi- for 1 minute.) eral assistance to States, local jurisdictions, Mr. ADERHOLT. Mr. Speaker, I rise and Indian tribes to prosecute hate crimes, partisan support. to call attention to this, the first and for other purposes. All points of order With such a demonstrated history of Thursday in May, as the National Day against consideration of the bill are waived strong bipartisan support, it should of Prayer. The 56th annual National except those arising under clause 9 or 10 of come as no surprise that this bill has Day of Prayer is being recognized rule XXI. The amendment in the nature of a also garnered the support of 171 cospon- today, May 3, across our great Nation substitute recommended by the Committee sors, Republicans as well as Democrats. in tens of thousands of ceremonies and on the Judiciary now printed in the bill, I would like to take note for my col- services nationwide. modified by the amendment printed in the leagues that H.R. 1592 has the support report of the Committee on Rules accom- of more than 210 civil rights, edu- The National Day of Prayer traces panying this resolution, shall be considered its history back to 1775, when the Con- as adopted. The bill, as amended, shall be cation, religious and civic organiza- tinental Congress asked the colonies to considered as read. All points of order tions. Equally as important, it has the pray for wisdom in forming a Nation. against the bill, as amended, are waived. The support and endorsement of the law en- In 1952, a joint resolution of Congress previous question shall be considered as or- forcement community, including the was signed into law by President Tru- dered on the bill, as amended, to final pas- International Association of Chiefs of man. In 1988, President Reagan signed sage without intervening motion except: (1) Police and the National Sheriffs Asso- a law permanently marking the first one hour of debate equally divided and con- ciation. trolled by the chairman and ranking minor- Thursday of every May as the National Mr. Speaker, it makes sense that this ity member of the Committee on the Judici- bill has attracted such a wide range of Day of Prayer. ary; and (2) one motion to recommit with or As in previous years, President without instructions. support. Hate crimes are a serious George W. Bush signed a proclamation SEC. 2. During consideration of H.R. 1592 problem everywhere. They continue to regarding the 2007 observance. He spe- pursuant to this resolution, notwithstanding plague our society, and they happen in cifically asked that the Nation remem- the operation of the previous question, the every State and in every community. ber in their prayers the members of our Chair may postpone further consideration of The Federal Bureau of Investigation Armed Forces, their families, as well the bill to such time as may be designated by has documented over 113,000 hate as the students and families affected by the Speaker. crimes since 1991. In 2005 alone, nearly the recent tragedy at Virginia Tech. The SPEAKER pro tempore. The gen- 7,200 crimes were identified by the FBI Chairman Shirley Dobson and Vice tleman from Massachusetts (Mr. as hate crimes. But despite this Chairman Brian Toon have done an MCGOVERN) is recognized for 1 hour. marked occurrence of violent hate outstanding job in coordinating these Mr. MCGOVERN. Mr. Speaker, for crimes, current law limits the ability events that will take place across this the purpose of debate only, I yield the of the Federal Government to provide land. Dr. Charles Swindoll will serve as customary 30 minutes to the gen- assistance to States and localities to Honorary Chairman. tleman from Washington (Mr. prosecute and investigate these crimes. Mr. Speaker, across the street, here HASTINGS). All time yielded during con- It is long past time that Congress ad- on Capitol Hill in the Cannon House Of- sideration of the rule is for debate dress these shortcomings. fice Building at noon is when the only. Mr. Speaker, some will claim that events will begin. However, whether I yield myself such time as I may this law is not needed. Others will you’re in Washington, D.C., you’re in consume, and I ask unanimous consent claim that it adversely affects free Alabama, North Dakota, I encourage that all Members be given 5 legislative speech. I strongly, very strongly dis- the American people to come together days in which to revise and extend agree with both these claims. in the spirit of Jesus and take a few their remarks on House Resolution 364. First, while we have made progress minutes to thank God for the blessings The SPEAKER pro tempore. Is there toward equality in many facets of our upon this Nation, and ask Him to guide objection to the request of the gen- society, hate crimes continue to spread and protect us in the days to come. tleman from Massachusetts? in cities and towns across the country.

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.008 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4422 CONGRESSIONAL RECORD — HOUSE May 3, 2007 The main reason why we have been un- b 1030 Why aren’t those who volunteer to pro- able to aggressively pursue and pros- Mr. HASTINGS of Washington. Mr. tect our country’s freedom not afforded ecute hate crimes is because law en- Speaker, I rise today in opposition to this protected status? forcement agencies in our States and this closed rule and the underlying bill, Mr. GOHMERT of Texas offered an towns lack the tools and resources. the Local Law Enforcement Hate amendment that would add law en- I’d like to point out that this legisla- Crimes Prevention Act. forcement officers to the list. There tion has been endorsed by 31 Attorney Mr. Speaker, no one supports violent have been several instances where gang Generals from all across the country, acts of crimes committed out of hatred members and would-be gang members the very people who can attest to how toward a person based on personal have targeted and killed law enforce- critical this legislation is to stemming characteristic whether that is eth- ment officers because of their hatred hate crime violence and to prosecuting nicity, gender, religion, weight, height, towards them for choosing to go to and punishing the perpetrators of vio- age, eye color, profession, socio- work each day to protect our commu- lent hate crimes. nities. Is committing a crime against Secondly, with respect to whether economic background, or political be- liefs. If someone commits a crime, they law enforcement officers simply be- this legislation will have a negative cause their job is to uphold our laws a impact on free speech, simply put, it should be punished for that crime. Pe- riod. crime not deserving of special assist- will not. H.R. 1592 does not punish or ance to investigate and prosecute that prohibit in any way first amendment Instead, today, the Democrat major- crime? rights. It does not affect name-calling, ity has chosen to end equality under the law and to bring legislation to the Crimes have been committed against verbal abuse, hateful expression or senior citizens, and an amendment was hate-filled speech. It only addresses House floor that creates special cat- offered to include them under the hate violent criminal acts. In fact, there is a egories of people. Specifically, this bill crimes legislation, but that amend- first amendment free expression and allows Federal assistance to be given ment, too, was not allowed under this free exercise provision explicitly in- to State and local law enforcement to closed rule today. cluded in this bill. investigate and prosecute felonies that Mr. Speaker, H.R. 1592 solely applies are believed to be motivated by preju- The question remains, if the Law En- to bias motivated violent crimes. It dice based on actual or perceived race, forcement Hate Crimes Prevention Act does not infringe upon freedom of color, religion, national origin, gender, creates special protection, then whom speech. It can only be applied to vio- sexual orientation, gender identity, or should it create special protection for? lent crimes that result in death or bod- disability. Because this bill is being brought up ily injury where the motivation was This bill also makes certain crimes a under a closed rule, Members of the based on the bias against a person’s felony in cases where the perpetrator House and the people they represent perceived race, religion, ethnicity, sex- was believed to be motivated by bias will not have an opportunity to voice ual orientation, gender, gender iden- and there has been a history of such their opinion on this question through tity or disability. bias-motivated violence. the amendment process. I want to remind all of my colleagues Separate treatment is afforded for Mr. Speaker, I must oppose this that behind all of the statistics of hate crimes based on hate against protected closed rule, which not only gags the crimes, there are real people, people classes of citizens under this bill, as op- minority party, but gags all Members who were targeted for violence and who posed to crimes against victims that of the House, who will be denied the suffered violent attacks simply because are not in a protected category. As we right to offer improvements to this leg- of who they are. learned decades ago, separate is not islation. I urge my colleagues to oppose Let me tell you a story of Lisa Craig, equal. the gag order rule and the underlying a 35-year old mother of two from my The Law Enforcement Hate Crimes bill that creates special categories of own State of Massachusetts. In 2003, Prevention Act is a bad bill and should citizens and ends equality under the Craig was assaulted on the street by not be brought to the floor, but espe- law. three teenage girls and kicked in the cially under the closed process that Mr. Speaker, I reserve the balance of head multiple times, causing her brain does not allow for any changes or im- my time. to bleed, and requiring 200 stitches in provements to the underlying bill. Mr. MCGOVERN. Mr. Speaker, I sub- her head. Craig’s partner and her two Eighteen thoughtful amendments mit for the RECORD a letter signed by daughters witnessed the attack by were submitted to the Rules Com- 31 State attorneys general, including these teenagers who, earlier in the mittee yesterday, and sadly, not one of the Republican attorney general of the evening, had been shouting anti-gay these amendments was allowed to be State of Washington, in strong support epithets at the couple. considered by the full House of Rep- of the underlying legislation. Lisa Craig’s case is just one of thou- resentatives. I am disappointed the APRIL 16, 2007. sands, but it demonstrates the bloody Democrat majority again has missed Hon. NANCY PELOSI, results of hate crimes. We need to pre- an opportunity to live up to their com- Speaker, House of Representatives, The Capitol, vent hate crimes like the one suffered mitment of allowing input under an Washington, DC. by Lisa Craig from ever occurring Hon. HARRY REID, open process. again, and we need to give our State Majority Leader, U.S. Senate, The Capitol, Mr. Speaker, how many special cat- Washington, DC and local law enforcement officers and egories of people should this bill cre- court officials the ability to prosecute Hon. JOHN BOEHNER, ate? Have all characteristics for which and punish the perpetrators of such Minority Leader, House of Representatives, The there has been a history of bias-moti- violent acts for what they are, hate Capitol, Washington, DC. vated violence been included in this Hon. MITCH MCCONNELL, crimes. Passing H.R. 1592 will enable bill? Should more categories be added Minority Leader, U.S. Senate, The Capitol, our police, our prosecutors, our judges and should some be excluded from this Washington, DC. and our courts to do just that. We, the undersigned Attorneys General, Mr. Speaker, I encourage my col- bill? Under this closed rule, these ques- are writing to express our strong support of leagues to support the rule and the un- Congressional efforts towards the immediate derlying legislation. tions will not be answered today by passage of federal hate crimes legislation. As I reserve the balance of my time. Members of the House through the the chief legal officers in our respective ju- Mr. HASTINGS of Washington. Mr. amendment process. risdictions, State Attorneys General are on Speaker, I want to thank the gen- Yesterday, Mr. FORBES of Virginia of- the front lines in the fight to protect our tleman from Massachusetts (Mr. fered an amendment to this bill that citizens’ civil rights. Although state and local governments continue to have the pri- MCGOVERN) for yielding me the cus- would expand the list of protected cat- mary responsibility for enforcing criminal tomary 30 minutes. egories of individuals to include mem- bers of the Armed Forces. If you be- law, we believe that federal assistance is Mr. Speaker, I yield myself as much critical in fighting the invidious effects of time as I may consume. lieve the government should afford spe- hate crimes. (Mr. HASTINGS of Washington asked cial treatment to crimes committed This much needed legislation would re- and was given permission to revise and against special groups of citizens, then move unnecessary jurisdictional barriers to extend his remarks.) why not our military men and women? permit the U.S. Department of Justice to

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.010 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4423 prosecute violent acts motivated by bias and Nixon, Attorney General of Missouri; reported in Hillsborough and Pinellas hate and complement existing federal law by Mike McGrath, Attorney General of Counties in 2004, up from 275 in 2003. providing new authority for crimes where Montana; Catherine Cortez Masto, At- Fifty-two of those hate crimes were the victim is intentionally selected because torney General of Nevada; Gary King, motivated by sexual orientation in of his or her gender, gender identity, sexual Attorney General of New Mexico; An- orientation, or disability. Under current law, drew Cuomo, Attorney General of New 2004. the Justice Department can only prosecute York; Marc Dann, Attorney General of Nationwide, victims of hate crimes crimes motivated by the victim’s race, reli- Ohio; Hardy Myers, Attorney General have reported an average of 191,000 hate gion, or national origin when that person is of Oregon; Patrick Lynch, Attorney crime incidents since the year 2000. engaged in a federally protected activity, General of Rhode Island; William H. This bill says that we as Americans such as voting. Legislative proposals, such as Sorrell, Attorney General of Vermont; do not stand for violent acts upon our the Local Law Enforcement Hate Crime Pre- Vincent Frazier, Attorney General of vention Act of2007 (LLEHCPA) and others, neighbors based upon who they are; we Virgin Islands; Rob McKenna, Attorney will not tolerate terrorism against any however, would permit federal prosecution of General of Washington. hate crimes irrespective of whether they group of people; and we will provide were committed while the victim was en- Let me also say, Mr. Speaker, that I our local law enforcement agencies gaged in protected activity. stand by this rule. We are talking with the tools needed to prosecute you Removing this outmoded jurisdictional about life and death issues here. We are when you use violence to spread fear barrier to federal prosecution of hate crimes talking about people’s civil rights. and hate. is critical to protecting our citizens’ funda- And, unfortunately, I think it is clear Members, I urge you to pass this im- mental civil rights. In 2005, the most recent that there are some on the other side figures available, the FBI documented 7,163 portant bill. crimes reported from 12,417 law enforcement of the aisle who oppose the expansion Mr. HASTINGS of Washington. Mr. agencies across the country. Yet, it is not of civil rights protections for threat- Speaker, I am pleased to yield 6 min- the frequency or number of hate crimes, ened groups living in the United utes to the gentleman from California alone, that distinguish these acts of violence States, and I believe they are flat (Mr. DANIEL E. LUNGREN), a member of from other crimes. Rather, our experiences wrong. But this gives the Members, the Judiciary Committee, but more im- as prosecutors have shown us, that these every Member of the House, the oppor- portantly, a former attorney general crimes can have a special impact on victims, tunity to vote up or down on whether for the State of California. their families, their communities and, in or not they believe that we should ex- some instances, the nation. Indeed, in Wis- Mr. DANIEL E. LUNGREN of Cali- consin v. Mitchell, 508 U.S. 47 (1993), Chief pand protections. I think this is an ap- fornia. Mr. Speaker, I rise in opposition Justice William Rehnquist wrote for a unani- propriate rule, and I strongly support to this rule. mous Supreme Court in upholding the con- the underlying bill. Let’s understand what this is. This is stitutionality of enhanced penalties for Mr. Speaker, at this time, I would a closed rule suggesting that this is a crimes motivated by bias or hate against a like to yield 3 minutes to the distin- perfect bill. This is anything but a per- person because of race, religion, color, dis- guished gentlewoman from Florida fect bill. People ought to understand ability, sexual orientation, national origin (Ms. CASTOR), a member of the Rules that we are denied the opportunity to or ancestry. In so ruling, the Court recog- Committee. present a single amendment on this nized that ‘‘bias-motivated crimes are more likely to provoke retaliatory crimes, inflict Ms. CASTOR. I thank my distin- floor, and let me explain to my col- distinct emotional harms on their victims, guished colleague from the Rules Com- leagues the single amendment I wish to and incite community unrest.’’ Hate crimes mittee. bring to the floor. have lead to the polarization of commu- Mr. Speaker, I rise in strong support This bill defines hate crimes to in- nities, increases in security needs at schools of the Hate Crimes Prevention Act. In clude a number of different subjects. and churches, declines in property values doing so, I join with the majority of One of them is a crime committed and the creation of an overall atmosphere of Americans and law enforcement agen- against someone where the hate was fear and distrust. All too often that climate cies who understand that violent acts motivated by hatred for their sexual has hindered the efforts of local law enforce- fueled by bigotry and hatred of a par- ment and placed the lives of police officers orientation. ‘‘Sexual orientation’’ ap- and civilians in jeopardy. ticular group simply because of who pears as an undefined term in the bill. As the chief legal and law enforcement of- they are has no place in America. I offered a simple amendment to de- ficers of our respective states, we are mind- H.R. 1592, and this rule, strengthens fine sexual orientation as it is noted in ful that the overwhelming majority of crimi- and broadens protections for our neigh- the U.S. Code, the only specific ref- nal cases should be brought by local police bors for attacks based on disability, erence to a definition in the U.S. Code, and prosecutors at the state level. However, gender, and sexual orientation. This which is a note that is a footnote in in those rare situations in which local au- thorities are unable to act, measures such as bill provides local law enforcement the statute which directs the Sen- the LLEHCPA and others provide a backstop with tools needed to partner with our tencing Commission to take into con- to state and local law enforcement by allow- Federal law enforcement agencies to sideration hate motivation when they ing federal involvement if it is necessary to investigate and prosecute these hateful want to enhance penalties. There is no provide a just result. These measures would acts. statutory definition of it, however, provide invaluable tools to federal law en- Why is it needed? Well, unfortu- with respect to the crime itself. And forcement to help state authorities in their nately, in my area of Florida, bigoted that note refers to sexual orientation fight against hate crimes. Therefore, we crimes are on the rise. This week police strongly urge the passage of important hate simply as consensual homosexual or crimes legislation by the 110th Congress. arrested and charged two Pinellas heterosexual conduct. Sincerely, County teenagers after they spray- Now, why would they not allow us to Lisa Madigan, Attorney General of Illi- painted anti-Semitic and racial slurs have that simple amendment, which nois; Mark Shurtleff, Attorney General on nine portable classrooms at a local when we discussed it in committee, I of Utah; Terry Goddard, Attorney Gen- high school. was told that is what they meant the eral of Arizona; Dustin McDaniel, At- Last month, a Polk County man was bill to be? The chairman of the com- torney General of Arkansas; Richard stabbed to death for being gay. mittee said to me it sounded like a rea- Blumenthal, Attorney General of Con- Also last month, the Islamic Edu- necticut; Linda Singer, Attorney Gen- sonable amendment because that’s ex- eral of District of Columbia; Thurbert cation Center of Florida in Tampa was actly what they intended it to be. So E. Baker, Attorney General of Georgia; set on fire, and thousands of my neigh- why don’t we have the opportunity to Mark J. Bennett, Attorney General of bors were left without a place to hold offer this amendment on the floor? I do Hawaii; Tom Miller, Attorney General religious services. not know. of Iowa; Gregory D. Stumbo, Attorney Last year, two men in neighboring And why would I be concerned about General of Kentucky; Charles C. Foti, Polk County were jailed on hate crime a failure for us to define this term? Be- Jr., Attorney General of Louisiana; G. charges after they threw beer bottles cause if you use the term ‘‘sexual ori- Steven Rowe, Attorney General of at a club owner in Tampa, who hap- entation’’ and use the definition found Maine; Douglas Gansler, Attorney Gen- eral of Maryland. pened to be speaking Arabic, and in the dictionary of those two words, it Martha Coakley, Attorney General of threatened to kill him. means any orientation of sexual con- Massachusetts; Lori Swanson, Attor- According to my local State attorney duct. Now, why would I be concerned, ney General of Minnesota; Jeremiah W. general’s offices, 334 hate crimes were being a former attorney general of the

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.005 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4424 CONGRESSIONAL RECORD — HOUSE May 3, 2007 State of California and having served least we ought to have the chance to cause of your disability or because of in this Congress now for seven terms debate it. your race, because of your gender, be- representing my State? Because I re- b 1045 cause of your gender identity you have call some 20 years ago when a debate been abused. ensued in my then-existing district in Last time I checked, we’re not under You have not seen the depth of deg- Palos Verdes, California, where the a time clock here that requires us to radation unless you’ve listened to peo- local chapter of NAMBLA, which is the leave. We could consider this. ple who have come to you in tears, who North American Man/Boy Love Asso- So I would ask my colleagues to cannot, for any reason, tell you why ciation, NAMBLA, and the dispute was please vote down this rule. Allow us to they are who they are, but they say that they wanted to have their local bring forward a rule that allows consid- they are who they are, sort of a mix of chapter meetings at the local library. eration of these and other amend- words. And the pain of living as a Some of you may have seen their ban- ments. human being who is rejected every day ners in certain parades that take place Mr. MCGOVERN. Mr. Speaker, before of their life, fearful that they may en- in San Francisco, where NAMBLA, in- I yield to the gentlelady from Texas counter brutality, that is the sim- stead of hiding, proudly proclaims (Ms. JACKSON-LEE), I would like to give plicity of this bill. That is why 31 At- their position of ‘‘sexual orientation.’’ my colleagues a couple of examples of torney Generals currently serving have They argue, for instance, that we are the kinds of crimes that we’re talking said we need this. That is why they denying children their right to have about here. have asked the Federal Government sexual expression with adults and that In Los Angeles, California, 2003, after simply to help us calm the commu- somehow we are hampering their devel- seeing him hugging another man on nities, prosecute the cases, make sure opment. the street, three men attacked Treve that those who have a historical in- I am not making this up, my col- Broudy, who was 34 years old, with a vestment in themselves, who they are, leagues. This is a fact. And under a baseball bat. The incident left Broudy can be protected; that a young His- nondefined term of ‘‘sexual orienta- in a coma. Broudy was also hospital- panic teenager does not have to be bru- tion,’’ that very well may be included. ized for approximately 10 weeks after talized by skinheads. It is emotional, it I could give you other examples, but the attack, and has lost half of his vi- is tearful, but it is true. that is a current example. And in order sion and has experienced trouble hear- And so when my colleagues talk to make sure that that kind of activity ing. about this rule, let me assure you that is not enshrined in the law and given In Charlottesville, Virginia, in 1997, hours upon hours of attention to special protection, I asked for this sim- James Kittredge was attacked by three amendments have already been given, ple amendment. And when I was in de- young men he offered a ride to outside debated, presented. But what we have bate in the committee, I was told by of a gay club in Charlottesville, Vir- tried to do is to answer the pain, an- the chairman that it made ample sense ginia. The men offered to take him to swer the violence, and yes, answer the and we ought to work to do that. party, but instead they dragged call of 31 attorneys of the United So then I go before the distinguished Kittredge out of his car, where they States of America. Committee on Rules, make this presen- beat him, smashing eight of his ribs Pass this rule so that we can debate tation, have no argument against it, and eye socket, urinated on him, put the question of preventing hate. and yet am denied the simple oppor- cigarettes out on him and locked him Mr. HASTINGS of Washington. Mr. tunity to offer that. in his own trunk. He was found over a Speaker, I am pleased to yield 4 min- So the question is why? If you don’t day later. utes to the gentleman from Texas (Mr. want to extend this definition, if you I can go on and on and on with exam- GOHMERT). don’t want to have this free play out ples of these hate crimes, but this is Mr. GOHMERT. Mr. Speaker, this is there in the legal atmosphere, why do what we are trying to prevent, Mr. a critical piece of legislation, not from you deny me the opportunity to Speaker. the good that it will do, but from the present this simple amendment? Is Mr. Speaker, at this point, I would chilling and even killing effect it will there a hidden agenda here? Is there like to yield 3 minutes to the gentle- have down the road on free speech. something we don’t know? Are we fly- woman from Texas (Ms. JACKSON-LEE). Now, I know that there are people ing under false flags here? What are we (Ms. JACKSON-LEE of Texas asked that have said that this is an over- doing? and was given permission to revise and reaction, much like people said in 1935 This is more, my colleagues, than extend her remarks.) and 1936 that those nuts here on the just a dispute between the majority Ms. JACKSON-LEE of Texas. Let me floor that were concerned Social Secu- versus the minority on the Rules Com- thank the Rules Committee for very rity numbers, once created, might be mittee. This is more than just ham- diligent and thorough review. About 14 used as identification numbers, and pering the minority. This is a question Members of Congress were able to they were promised and assured that it of simple definition which goes to a present their case before the Rules would not happen. But some folks here crucial question in our society today. Committee. could see down the road where it was So my concern, my colleagues, is not I think it is important, Mr. Speaker, going. fanciful. It is not made up. It is not to reaffirm that this is about hate. Now, the rule on this is so grossly un- something that may happen in the fu- There are already well-recognized doc- fair. If you really want to deal with ture. This is based on an experience trines and no disagreement that no hate crimes, what about the hate that I have seen for 20-plus years in my matter who you are as an adult, sex crimes for the elderly? We’ve seen that home State. And yet when I asked to with children is wrong. Many of us recently. They’re not part of this. No, have this considered, I was told that it have enthusiastically supported Fed- that wasn’t part of the agenda. You can made eminent sense, we basically hear eral laws that already oppose that kind have a 100-year-old woman beat up by a great silence. A great silence. of abuse and violation. some mean thug, but that doesn’t Now, we can have games here in the It is important to note that not only count; we’re not going to prosecute. House of Representatives, majority in the Rules Committee did Members She doesn’t deserve protected status. versus minority, but when it affects have the opportunity to make the case Frankly, I had a hard time believing the lives of our constituents, when it as to the relevance of their amend- we were taking up this law imme- affects in a very real way a serious so- ments to this bill, but we sat for hours diately after the tragedy at Virginia cial question in our society, it seems to and hours in the Judiciary Committee Tech. We even had a Holocaust sur- me we ought to rise above this kind of going over amendment after amend- vivor that was randomly shot. I had an nonsense, and we ought to at least give ment, amendments that were not about amendment proposed that was struck the Members the opportunity to con- hate. They were, of course, certainly in committee, and the rule being pro- sider it. elements that one could raise, but they posed is a closed rule, no amendments, Maybe the Members don’t agree with were protected in other aspects of the but that would address random vio- me. Maybe the Members think we law. This bill pertains specifically to lence. Because what we see is a Federal ought to expand this definition. But at historical documented cases that, be- offense where a defense will be, you

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.013 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4425 know what, I didn’t hate these people, Mr. Speaker, if someone commits a [LLEEA]. Unfortunately, there are situa- I just randomly chose someone. It’s a crime, they should be punished. Period. tions where state and local authorities are senseless act of violence. That will be a This is a bill that ends equality under unable to properly investigate these crimes. defense to an important element of this the law by authorizing $10 million in This legislation overcomes those situations . . . The passage of LLEEA will greatly as- new created Federal offense. grants over 2 years to State and local sist state and local law enforcement agencies Another thing we keep hearing peo- law enforcement to combat hate in investigating and prosecuting hate ple say is, and I had an amendment to crimes targeted to special categories of crimes.’’—Excerpts from letters to congres- address this, is being shut out. We people. It is a bad bill. This rule is a sional leadership from Sheriff Aaron D. should have had a right to vote on this. bad bill, not allowing for improvement, Kennard, Salt Lake City, Utah, President, People say, well, no, you are specifi- so I ask Members to oppose the rule National Sheriffs’ Association, July 21, 2004. cally protected under the rule of evi- and the previous question. Dick Thornburgh, Former U.S. Attorney Gen- dence provision in this law. We even Mr. Speaker, I yield back the balance eral had Mr. DAVIS’ amendment that fur- of my time. ‘‘I would like to express my strong support ther said religious speech is protected. Mr. MCGOVERN. Mr. Speaker, I will for the passage of . . . the Hate Crimes Pre- vention Act . . . From my experiences as a But what they don’t point to is what insert into the RECORD at this time a Governor, the Attorney General, and as a I’m pointing to, under that it says, ‘‘It list of endorsements from law enforce- parent of a child with a disability, I can at- may not be introduced as substantive ment organizations all across the coun- test to the importance of this legislation . . . evidence at trial, unless the evidence try. I will also submit for the RECORD Please add my name to the list of supporters specifically relates to the offense.’’ the endorsement of the National Edu- for the passage of this important legisla- Well, when you tie that with current cation Association, the Religious Ac- tion.’’—Excerpts from letter to the Honor- existing Federal law, 18 U.S.C. 2(a), the tion Center of Reformed Judaism, the able Orrin G. Hatch, Sept. 29, 1998. law of principals, which is a good law, Matthew Shepard Foundation and the International Association of Chiefs of Police most States have it, the Federal Code UAW. ‘‘On behalf of the International Associa- tion of Chiefs of Police (IACP), I am writing has it, it says, Whoever aids, abets, LOCAL LAW ENFORCEMENT HATE CRIME to urge you to vote in support of . . . the counsels, commands, induces or pro- PREVENTION ACT OF 2007 cures a crime’s commission is punish- Local Law Enforcement Enhancement Act LAW ENFORCEMENT SUPPORT FOR THIS . . . The passage of the Local Law Enforce- able, just as the principal. And for LEGISLATION ment Enhancement Act will greatly assist those of us who have been judges or This legislation has received bipartisan state and local law enforcement agencies in prosecutors and have prosecuted or majority support in Congress. In the last ses- investigating and prosecuting hate crimes. seen prosecuted people as a principal sion of Congress, on September 14, 2005, the The IACP urges you to vote for [the Local who didn’t commit the offense, but House of Representatives approved the meas- Law Enforcement Enhancement Act] . . .’’— they induced it, then you know every ure as an amendment to the Children’s Safe- Excerpts from letter to the Senate from Dan- ty Act by a vote of 233–199. The Senate has iel N. Rosenblatt, IACP Executive Director, statement, things that you said to in- approved the bill on two occasions since 2000, duce, could be introduced. That’s where Alexandria, Virginia, July 19, 2004. most recently in June, 2004 by a vote of 65– Albany County Sheriff’s Department they go after ministers. 33. Unfortunately, in the past, the House ‘‘As you know, last week saw the conclu- I think a large part of this is the fact leadership has acted to block approval of sion of the trial of Aaron McKinney for the that many people do not understand a this legislation. murder of Matthew Shepard, a case on which The measure also enjoys the support of Christian heart because they just don’t we worked day and night for the last year over 210 civil rights, professional, civic, and like people that disagree with them. . . . We believe justice was served in this religious groups, 31 state Attorneys General, Whereas the Christian, the true Chris- case, but not without cost. We have been former Attorney General Dick Thornburgh, tian heart can disagree with people and devastated financially, due to expenses in- and a number of the most important na- curred in bringing Matthew’s killers to jus- love them, love them deeply and be tional law enforcement organizations, in- tice. For example, we had to lay off five law willing to give their lives for them. cluding: enforcement staff. We do not want the fed- This is an unfair law, the way the Federal Law Enforcement Officers Associa- eral take over of hate crimes, but commu- rule is being put to it. We are not going tion, Hispanic American Police Command nities like ours must be able to call upon the Officers Association, Hispanic National Law to protect religious speech because you expertise and resources of the federal govern- Enforcement Association, International As- can go after a minister, and this came ment. This approach worked very well in sociation of Chiefs of Police, International up in committee, you can go after a Jasper, Texas in the case of James Byrd Jr. Brotherhood of Police Officers, Major Cities minister who says, gee, relations out- Because of the multiple jurisdiction granted Chiefs Association, National Asian Peace Of- by current federal law related to race-based side of a marriage with a man and a ficers Association, National Black Police As- hate crimes, Jasper was able to access ap- woman is wrong. Someone goes out sociation, National Center for Women & Po- proximately $284,000 in federal Byrne grant after hearing that, shoots somebody, licing, National Coalition of Public Safety money. These grants are only available when and then he says, well, the preacher Officers, National District Attorneys Asso- a federal jurisdictional basis exists. Pres- ciation, National Latino Police Officers As- told me it was wrong, that’s what in- ently, unlike race, color, religion and na- sociation, National Organization of Black duced me to do that, the sermons, the tional origin, sexual orientation is not cov- Law Enforcement Executives, National Sher- Bible teachings, whatnot, that the ered. We believe this is a grave oversight iffs’ Association, Police Executive Research preacher used that this person may that needs to be corrected . . . We respect- Forum, Police Foundation. have heard are all relevant on whether Here’s what some of them are saying about fully urge you to do everything you can to or not he was a principal and can go to the legislation: give law enforcement the tools it needs to fight crime in this country.’’—Excerpts from prison for the actual shooting. And it Police Executive Research Forum also provides that nothing changes the letter to House Speaker Dennis Hastert from ‘‘This measure is critical to helping law Sheriff James Pond and Detective Sergeant rule of impeachment. enforcement effectively address the ravaging Robert DeBree, Albany County Sheriff’s De- So if he says, well, no, I never advo- effects on hate crimes on both the victims of partment, Nov. 11, 1999. cate violence, well, here comes every- these crimes and the communities desta- Eric Holder, Former U.S. Deputy Attorney Gen- thing he has ever said, his hard drives, bilized by the fear and anger they generate eral . . . In the past, PERF has opposed efforts to his files, and we had an amendment to ‘‘The enactment of H.R. 1082 [bill number expand the federal government’s authority deal with that, and we were not al- for Hate Crimes Prevention Act, 106th Con- over traditionally local crimes. However, lowed to use it. gress] would significantly increase the abil- given the unusual nature of hate crimes and This is not a good law. These things ity of state and federal law enforcement the substantial gaps in state laws, PERF be- agencies to work together to solve and pre- are already protected. We ought to lieves in a significant federal role in com- vent a wide range of violent crimes com- have an open rule to fix it. bating hate crimes.’’—Excerpts from letter mitted because of bias based on the race, Mr. HASTINGS of Washington. Mr. to Members of Congress from Chuck Wexler, color, national origin, religion, sexual ori- Speaker, I yield myself the balance of Executive Director, PERF, July 19, 2004. entation, gender, or disability of the victim. the time. National Sheriffs’ Association This bill is a thoughtful, measured response Mr. Speaker, this is a bad rule be- ‘‘On behalf of the more than 22,000 mem- to a critical problem facing our Nation.’’— cause it’s a closed rule, which has been bers of the National Sheriffs’ Association I Excerpts from testimony before the House demonstrated with the observations of am writing to seek your support for . . . the Judiciary Committee hearing on hate Mr. LUNGREN and Mr. GOHMERT. Local Law Enforcement Enhancement Act crimes, Aug. 4, 1999.

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.016 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4426 CONGRESSIONAL RECORD — HOUSE May 3, 2007 Jeanine Pirro, District Attorney from West- risdiction over such crimes.’’—Excerpts from Pride Coalition, Federal Law Enforcement chester County, N.Y. letter to The Honorable Edward M. Kennedy, Officers Association, Federally Employed ‘‘The vast majority of criminal prosecu- April 14, 2006. Women, Feminist Majority, Gay, Lesbian tions are brought by local prosecutors . . . Police Foundation and Straight Education Network, Gender That is the way it should remain . . . How- ‘‘The Police Foundation urges you to sup- Public Advocacy Coalition, General Federa- tion of Women’s Clubs, Goodwill Industries ever, there are times when states are unable port . . . [the] Local Law Enforcement En- International, Inc., Hadassah, Hispanic or unwilling to recognize and address funda- hancement Act. Hate crimes are extremely American Police Command Officers Associa- mental issues vital to our society. And, when debilitating to individuals, groups, and en- that time comes, the federal government tion. tire communities, and the prevention, inves- Hispanic National Law Enforcement Asso- must act. Hate crime is a civil rights issue, tigation, and prosecution of these crimes ciation, Human Rights Campaign, Human and the proper role of the federal govern- present important challenges for local law Rights First, The Indian American Center ment in controlling this menace should mir- enforcement . . . This legislation will be of for Political Awareness, Interfaith Alliance, ror federal action in other areas of civil valuable assistance to state and local agen- International Association of Chiefs of Police, rights . . . I maintain hope that immediate cies . . .’’—Excerpts from letter to Members International Association of Jewish Lawyers federal action on this pressing issue will en- of Congress from Hubert Williams, Chairman and Jurists, International Association of courage states . . . to enact legislation of of the Board, Police Foundation, July 26, Jewish Vocational Services, International their own . . .’’—Excerpts from testimony 2004. Brotherhood of Teamsters, International before the Senate Judiciary Committee, May Updated January, 2007. Dyslexia Association, International Union of 11, 1999. United Aerospace and Agricultural Imple- Laramie, Wyoming, Police Department SUPPORT FOR THIS LEGISLATION ments, Japanese American Citizens League, ‘‘When it comes to the families of hate The Local Law Enforcement Hate Crimes Jewish Council for Public Affairs, Jewish crime victims, Congress needs to also be able Prevention Act is supported by thirty-one Labor Committee, Jewish War Veterans of to look these people in the eyes and say it is state Attorneys General and over 210 na- the USA, Jewish Women International, JAC- doing all it can. In all honesty, right now tional law enforcement, professional, edu- Joint Action Committee, Justice for All, they cannot say this. There is much more cation, civil rights, religious, and civic orga- LDA, The Learning Disabilities Association they can do to assist us in helping these fam- nizations. of America, Labor Council for Latin Amer- ilies—if they can only find the political will A. Philip Randolph Institute, AIDS Na- ican Advancement, Latino/a, Lesbian, Gay, to do so . . . Yes, justice was served in the tional Interfaith Network, African-American Bisexual & Transgender Organization, Law- end during the Shepard investigation. But Women’s Clergy Association, Alliance for yers’ Committee for Civil Rights Under Law, the Albany County Sheriff’s office had to Rehabilitation Counseling, American-Arab Leadership Conference on Civil Rights, furlough five investigators because of soar- Anti-Discrimination Committee, American LEAP—Leadership Education for Asian ing costs. If the Local Law Enforcement En- Association for Affirmative Action, Amer- Pacifics, Inc., Learning Disabilities Associa- hancement Act were passed, this would never ican Association of University Women, tion of America, League of Women Voters. have happened . . .’’—Excerpts from press American Association on Mental Retarda- League of United Latin American Citizens statement made by Commander David tion, American Citizens for Justice, Amer- (LULAC), Log Cabin Republicans, Major Cit- O’Malley, chief investigator in the murder of ican Civil Liberties Union, American Council ies Chiefs Association, MALDEF—Mexican Matthew Shepard, Sept. 12, 2000. of the Blind, American Counseling Associa- American Legal Defense & Education Fund, tion, American Ethical Union, Washington MANA—A National Latina Organization, National Association of Attorneys General Office, American Federation of Government Maryland State Department of Education, ‘‘We are writing to express our enthusi- Employees, American Federation of Musi- Matthew Shepard Foundation, The McAuley astic support for the passage of . . . the Hate cians, American Federation of State, Coun- Institute, National Abortion Federation, Crimes Prevention Act . . . Although state ty, and Municipal Employees, AFL–CIO, NAACP, NAACP Legal Defense and Edu- and local governments will continue to have American Federation of Teachers, AFL–CIO, cational Fund, Inc., NA’AMAT USA, the principal responsibility, an expanded fed- American Foundation for the Blind, Amer- NAKASEC—National Korean American Serv- eral role in investigating and prosecuting se- ican Jewish Committee. ice & Education Consortium, Inc., National rious forms of hate crimes is critically need- American Jewish Congress, American Med- Asian Pacific American Women’s Forum, Na- ed if we are to be successful in addressing ical Association, American Music Therapy tional Asian Peace Officers Association, Na- and deterring these crimes in our nation. Association, American Network of Commu- tional Association for Multicultural Edu- The amendment to 18 U.S.C. Section 245 nity Options and Resources, American cation, National Association of Commissions would provide invaluable tools for the United Nurses Association, American Speech-Lan- for Women, National Alliance for the Men- States Department of Justice and the United guage Hearing Association, American Thera- tally Ill, National Alliance of Postal and States Attorneys to combat hate crimes ef- peutic Recreation Association, American Federal Employees, National Asian Pacific fectively. Therefore, we strongly urge pas- Psychological Association, Americans for American Bar Association. sage of this important hate crimes legisla- Democratic Action, American Veterans National Association for the Education tion.’’—Excerpts from letter signed by 31 Committee, And Justice For All, Anti-Defa- and Advancement of Cambodian, Laotian State Attorneys Generals to Speaker Dennis mation League, Aplastic Anemia Foundation and Vietnamese Americans, National Asso- Hastert, Majority Leader Bill Frist, House of America, Inc., Arab American Institute, ciation of Collegiate Women Athletics Ad- Minority Leader Nancy Pelosi and Senate The Arc of the United States, Asian Amer- ministrators, National Association of the Minority Leader Harry Reid, April, 2006. ican Justice Center, Asian American Legal Deaf, National Association of Developmental National Center for Women & Policing Defense & Education Fund, Asian Law Cau- Disabilities Councils (NADDC), National As- ‘‘. . . I want to assure you of our support cus, Asian Pacific American Labor Alliance, sociation of Latino Elected and Appointed for the Hate Crimes Prevention Act . . . We Asian Pacific American Legal Center. Officials (NALEO), National Association of Association for Gender Equity Leadership realize the significance of this important Lesbian, Gay, Bisexual and Transgender in Education, AYUDA, Bazelon Center for piece of legislation.’’—Excerpts from letter Community Centers, National Association Mental Health Law, Bi-Net, B’nai B’rith from Chief Penny Harrington, Director, Na- for Multicultural Education, National Asso- International, Brain Injury Association, Inc., tional Center for Women & Policing, to Eliz- ciation of People with AIDS, National Asso- Business and Professional Women, USA, abeth Birch, Human Rights Campaign, ciation of Private Schools for Exceptional Catholics for Free Choice, Center for Com- March 23, 2000. Children, National Association of Rehabili- munity Change, Center for Democratic Re- tation Research and Training Centers, Na- National District Attorneys Association newal, Center for the Study of Hate & Extre- tional Association of School Psychologists, ‘‘On behalf of the members of the National mism, Center for Women Policy Studies, National Association of Social Workers, Na- District Attorneys Association, I am writing Central Conference of American Rabbis, Chi- tional Black Police Association, National to express our organization’s support of . . . nese American Citizens Alliance, Christian Black Women’s Health Project, National the ‘Local Law Enforcement Enhancement Church Capital Area, Church Women United, Center for Lesbian Rights, National Center Act of 2005.’ . . . With local law enforcement Coalition of Black Trade Unionists, Coali- for Transgender Equality, National Center and prosecutors investigating and pros- tion of Labor Union Women, Communication for Victims of Crime, National Center for ecuting approximately 95 percent of the Workers of America. Women & Policing, National Coalition crimes committed such assistance would cer- Congress of National Black Churches, Con- Against Domestic Violence. tainly provide state and local officials with sortium of Developmental Disabilities Coun- National Coalition for Asian Pacific Amer- the necessary tools to address crimes moti- cils, Cuban American National Council, Dis- ican Community Development, National Co- vated by hate. The National District Attor- ability Rights Education and Defense Fund, alition of Anti-Violence Programs, National neys Association supports [the bill] not only Disciples of Christ Advocacy Washington Coalition on Deaf-Blindness, National Coali- because of its proposal to provide additional Network, Easter Seals, The Episcopal tion of Public Safety Officers, National Con- resources and federal assistance to state and Church, Equal Partners in Faith, Evan- ference for Community and Justice (NCCJ), local authorities for the investigation and gelical Lutheran Church of America, Office National Congress of American Indians, Na- prosecution of hate crimes but also its rec- for Government Affairs, Fair Employment tional Council of Churches of Christ in the ognition of the primacy of state and local ju- Council of Greater Washington, Family USA, National Council of Jewish Women,

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.019 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4427 National Council of La Raza, National Dis- NEA has taken aggressive steps to address tive priorities for the 11Oth Congress. I urge ability Rights Network, National District the issue of hate crimes in the context of you to vote for this legislation. Attorneys Association, National Education schools and school districts. NEA and its af- Sincerely, Association, National Federation of Filipino filiates have worked to develop training for RABBI DAVID SAPERSTEIN, American Associations, National Gay and educators and programs for students regard- Director and Counsel. Lesbian Task Force, National Hispanic Lead- ing hate crimes and human relations skills. ership Agenda (NHLA), National Italian But our efforts in this area will not be suc- MATTHEW SHEPARD FOUNDATION, American Foundation, National Jewish cessful absent a comprehensive federal/state/ May 2, 2007. Democratic Council, National Korean Amer- local partnership to address hate crimes. ican Service and Education Consortium, Na- DEAR REPRESENTATIVE: On behalf of the This legislation has strong bipartisan sup- Matthew Shepard Foundation and our fam- tional Latino Police Officers Association, port in Congress; the support of more than National League of Cities. ily, we urge you to vote YES and resist any 210 law enforcement, civil rights, civic and amendments and motions to recommit on National Mental Health Association, Na- religious groups; and the support of the over- tional Multicultural Institute, National the Local Law Enforcement Hate Crimes whelming majority of American people. We Prevention Act (LLEHCPA) of 2007 (H.R. Newspaper Publishers Association, National urge your support for this important initia- Organization of Black Law Enforcement Ex- 1592). tive. ecutives, National Parent Network on Dis- Hate crimes are an unrelenting and under- Sincerely, abilities, National Partnership for Women & addressed problem in the United States. By DIANE SHUST, Families, National Puerto Rican Coalition, enacting the LLEHCPA, a crucial step will Director of Govern- Inc., National Rehabilitation Association, be taken to address violent crimes com- ment Relations. National Respite Network, National Sheriffs’ mitted all too often against individuals RANDALL MOODY, Association, National Spinal Cord Injury As- based on actual or perceived sexual orienta- Manager of Federal sociation, National Spiritual Assembly of tion, gender, gender identity, and disability. Advocacy. the Baha’is of the United States, National In particular, hate crimes based on sexual Therapeutic Recreation Society, National orientation are of grave concern. According RELIGIOUS ACTION CENTER Urban League, National Victim Center, Na- to the Federal Bureau of Investigation’s OF REFORM JUDAISM, tional Women’s Law Center, National Youth (FBI) Unified Crime Reports, approximately April 30, 2007. Advocacy Coalition, NOW—National Organi- 10,000 hate crime incidents based on sexual DEAR REPRESENTATIVE, On behalf of the zation for Women, NOW Legal Defense & orientation have been reported since 1998. Union for Reform Judaism, whose more than Education Fund, NETWORK, A National Consistently, since 1998, hates crimes based 900 congregations across North America en- Catholic Social Justice Lobby. on sexual orientation have ranked as the compass 1.5 million Reform Jews, I urge you Organization of Chinese Americans, ORT— third highest category of reported incidents to vote for H.R. 1592, the Local Law Enforce- Organization for Educational Resources and in the United States. These are just the sta- ment Hate Crimes Prevention Act of 2007 Technological Training, Paralyzed Veterans tistics. Behind these numbers are real (LLEHCPA). of America, Parents, Families and Friends of human beings—our son Matthew being one of All violent crimes are reprehensible, but Lesbians and Gays, People For the American them. Way, Police Executive Research Forum, Po- the damage done by hate crimes cannot be lice Foundation, Presbyterian Church (USA), measured solely in terms of physical injury Despite evidence of the grave reality of Washington Office, Pride at Work, Project or dollars and cents. Hate crimes rend the hate crimes, anti-gay political organizations Equality, Inc., Rainbow/PUSH Coalition, Re- fabric of our society and fragment commu- are spreading misinformation and lies. Many habilitation Engineering and Assistive Tech- nities; they target a whole group of people, members of Congress have been targeted by nology Society of North America, The Rab- not just the individual victim. By providing these organizations claiming that this legis- binical Assembly, Rock the Vote, Service new authority for federal officials to inves- lation would punish religious people for anti- Employees International Union—AFL–CIO, tigate and prosecute cases in which the vio- gay speech—dubbing this a ‘‘thought crimes Sikh American Legal Defense and Education lence occurs because of the victim’s real or bill.’’ Fund (SALDEF), Society for the Psycho- perceived sexual orientation, gender iden- These claims are completely false. This logical Study of Social Issues, South Asian tity, gender, or disability, the LLEHCP A legislation would grant local law enforce- American Leaders of Tomorrow (SAALT), will significantly strengthen the federal re- ment officials federal funds for the investiga- Southeast Asia Resource Action Center, sponse to these horrific crimes. tion and prosecution of violent crimes moti- Spina Bifida Association of America. This legislation only applies to bias-moti- vated out of prejudice and hate that result in Union of Reform Judaism, Union of vated crimes, and will not affect lawful pub- serious bodily injury and death. Claims that Needletrades, Industrial & Textile Employ- lic speech or preaching in any way. States the bill would punish preaching or other ees (UNITE), Unitarian Universalist Associa- will continue to play the primary role in ways of speaking out against homosexuality tion, United Church of Christ—Office of prosecuting bias-motivated violence, but the ring particularly hollow because the legisla- Church in Society, United Food and Com- LLEHCPA will allow the federal government tion was specifically crafted to prevent that. mercial Workers International Union, United to intervene in cases where local authorities Two separate provisions make clear that Methodist Church—General Commission on are either unable or unwilling to investigate speech unrelated to the violent crime under Religion and Race, The United States Con- and prosecute a criminal act as a hate crime. consideration could not be used to prove a ference of Mayors, United States Student As- Studies demonstrate that gay, lesbian, hate crime. This is about violent actions. sociation, United Synagogue of Conservative transgender, and disabled persons face a sig- As the parents of a young man killed sim- Judaism, The Woman Activist Fund, Inc., nificantly increased risk of violence and har- ply for being gay, we refuse to be silent and Women of Reform Judaism—Federation of assment based solely on these immutable let this bill be misconstrued by these organi- Temple Sisterhoods, Women Work!, Women’s characteristics. This long-overdue legisla- zations. Let each of us be mindful that the Alliance for Theology, Ethics & Ritual, tion would rightly classify violence based On only crime of thought we can commit this Women’s American ORT, YWCA of the USA. sexual orientation, gender identity, and dis- week would be to let these lies take our col- Updated February, 2007 ability as a hate crime under federal statute. lective sights off of this vital bill and the We cannot allow another Congress to slip by thousands of Americans who have lost their APRIL 30, 2007. without enactment of the Local Law En- lives to senseless hate violence. Hon. JAMES P. MCGOVERN, forcement Hate Crimes Prevention Act U.S. House of Representatives, Since Matthew’s death, while we have con- Washington, DC. As Jews, we cherish the biblical command- tinued our own personal grieving, we have DEAR CONGRESSMAN MCGOVERN: On behalf ment found in Leviticus 19:17: ‘‘You shall not met too many other parents who have lost of the National Education Association’s 3.2 hate another in your heart.’’ We know all too children in the same way we did. For all of million members, we would like to urge your well the dangers of unchecked persecution those parents, for our own family, and for support for the Local Law Enforcement Hate and of failing to recognize hate crimes for Matthew—we are calling on all members of Crimes Prevention Act (H.R. 1592), scheduled what they are: acts designed to victimize an the House of Representatives to vote YES on for floor debate this week. Votes associated entire community. We also take to heart the the H.R. 1592 and to resist any attempts to with these issues may be included in the commandment ‘‘You may not stand idly by kill this critical piece of legislation to pro- NEA Legislative Report Card for the 110th when your neighbor’s blood is being shed’’ tect all Americans from violence. If you have Congress. (Leviticus 19:16). Jewish tradition consist- any questions or would like additional infor- In spite of our nation’s substantial ad- ently teaches the importance of tolerance mation, please contact Brad Clark, Outreach vances toward equality over the past 40 and the acceptance of others. Inasmuch as & Advocacy Director, at (303) 830–7400 or years, prejudice and hatred continue to lead we value the pursuit of justice, we must ac- [email protected]. to violence. As educators, NEA members tively work to improve, open, and make Sincerely, share a commitment to protecting the civil safer our communities. JUDY SHEPARD, and human rights of our students and com- This bill has come far too close to becom- Executive Director. munities. We believe the federal government ing law for far too long. The Local Law En- DENNIS W. SHEPARD, must play a leadership role in confronting forcement Hate Crimes Prevention Act of Chairman, Board of criminal acts motivated by prejudice. 2007 is one of our organization’s top legisla- Directors.

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.022 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4428 CONGRESSIONAL RECORD — HOUSE May 3, 2007 INTERNATIONAL UNION, UNITED with the intention of terrorizing a [Roll No. 296] AUTOMOBILE, AEROSPACE & AGRI- group of people or an entire commu- YEAS—217 CULTURAL IMPLEMENT WORKERS nity. Abercrombie Grijalva Neal (MA) OF AMERICA—UAW, Now, we’ve heard arguments from May 1, 2007. Ackerman Gutierrez Oberstar some on the other side that this bill Allen Hall (NY) Obey DEAR REPRESENTATIVE: This week the Altmire Hare House is scheduled to take up the Local Law somehow violates the first amendment. Olver In fact, the measure includes an ex- Andrews Harman Pallone Enforcement Hate Crimes Prevention Act of Arcuri Hastings (FL) Pascrell 2007 (H.R. 1592.) The UAW strongly supports plicit statement that the bill may not Baca Herseth Sandlin Pastor this hate crimes prevention legislation. We be interpreted as limiting first amend- Baird Higgins Payne urge you to vote for this vital legislation and ment protections language that is Baldwin Hill Perlmutter to oppose any weakening amendments. based on the existing Washington State Bean Hinchey Peterson (MN) This legislation would strengthen existing Becerra Hinojosa Pomeroy hate crime statute. The provision only Berkley Hodes federal hate crimes laws by removing unnec- Price (NC) applies when a person’s conduct, not Berman Holden essary obstacles to federal prosecution and Rahall thought or speech, is being punished. Bishop (GA) Holt Rangel providing authority for federal involvement Bishop (NY) Honda Reyes Mr. Speaker, the United States Su- Blumenauer Hooley in a wider category of bias-motivated Rodriguez preme Court has rejected the claim Boren Hoyer crimes. Specifically, H.R. 1592 would elimi- Rothman Boswell Inslee nate the current requirement that the crime that a hate crime law is a law against Roybal-Allard Boucher Israel must have been committed because of the thoughts. The Supreme Court recog- Ruppersberger Boyda (KS) Jackson (IL) victim’s involvement in a ‘‘federally pro- nized in Wisconsin v. Mitchell that it is Brady (PA) Jackson-Lee Rush tected activity,’’ such as voting, serving on a common to take motive into account Braley (IA) (TX) Ryan (OH) jury or attending public school. It would also Brown, Corrine Jefferson Salazar in criminal law. Sa´ nchez, Linda permit federal involvement in the prosecu- So to those of my colleagues who are Butterfield Johnson (GA) tion of bias-motivated crimes based on the Capps Kagen T. Sanchez, Loretta victim’s gender, sexual orientation or dis- worried about protecting bigoted Capuano Kanjorski speech, they can stop worrying because Cardoza Kaptur Sarbanes ability. Schakowsky This measure has repeatedly attracted ma- this bill, sadly, will not affect that Carnahan Kennedy Carney Kildee Schiff jority, bipartisan support in both the Senate kind of speech. Carson Kilpatrick Schwartz and the House. In the 109th Congress, the Now, some have argued that this law Castor Kind Scott (GA) House of Representatives approved the text is an unnecessary extension of the Fed- Chandler Klein (FL) Scott (VA) of this measure as an amendment to the eral Government. The bill provides sup- Clarke Kucinich Serrano Clay Langevin Sestak Children’s Safety Act by a vote of 223–199 on port and resources to assist local law September 14, 2005. In the 108th Congress, on Cleaver Lantos Shea-Porter enforcement agencies. The majority of Clyburn Larsen (WA) Sherman June 15, 2004, the Senate approved this meas- Cohen Larson (CT) Shuler ure as an amendment to the National De- hate crimes will still be prosecuted at the State level. The Federal Govern- Conyers Lee Sires fense Authorization Act for Fiscal Year 2005 Cooper Levin Skelton by a vote of 65–33. In September 2004, the ment only has jurisdiction in certainly Costa Lewis (GA) Slaughter House approved a motion to instruct its con- limited and extreme circumstances. Costello Lipinski Smith (WA) ferees to retain this provision in conference The Federal Government has the re- Courtney Loebsack Snyder by a vote of 213–186. Unfortunately, this leg- sponsibility, Mr. Speaker, to protect Cramer Lofgren, Zoe Solis islation was dropped from the final con- Crowley Lowey Space all Americans against bigotry and Cuellar Lynch Spratt ference report. against violent crime. Cummings Mahoney (FL) The UAW believes there is a need for a Stark So what we have before us, Mr. Davis (AL) Maloney (NY) Stupak strong federal response against hate crimes. Davis (CA) Markey Sutton Congress has an opportunity to provide lead- Speaker, is relatively simple; you ei- Davis (IL) Marshall ther support providing an expansion of Tauscher ership on this vital issue by acting to Davis, Lincoln Matheson Thompson (CA) strengthen the federal hate crimes statute. civil liberties and civil rights and civil DeFazio Matsui Thompson (MS) DeGette McCarthy (NY) We therefore urge you to support the Local protections under the law, or you Tierney Delahunt McCollum (MN) Towns Law Enforcement Hate Crimes Prevention don’t. So that is the question that my DeLauro McDermott Udall (CO) Act of 2007 (H.R. 1592) and to oppose any colleagues have to deal with. Dicks McGovern Udall (NM) weakening amendments. Dingell McIntyre I think the answer is simple. I think Van Hollen Thank you for considering our views on Doggett McNerney we should support this legislation. This Vela´ zquez this important issue. Donnelly McNulty is a good bill. It should enjoy biparti- Visclosky Sincerely, Doyle Meehan Edwards Meek (FL) Walz (MN) ALAN REUTHER, sanship support because it has in the Ellison Meeks (NY) Wasserman Legislative Director. past. I would urge all of my colleagues Schultz to support this rule and to support the Ellsworth Melancon Mr. MCGOVERN. Mr. Speaker, the Emanuel Michaud Waters Watson bill before us provides much needed bill. Eshoo Miller (NC) Mr. Speaker, I yield back the balance Etheridge Miller, George Watt support for local law enforcement of my time, and I move the previous Farr Mitchell Waxman agencies in the fight against violent Filner Mollohan Weiner question on the resolution. hate crimes. That’s why so many law Frank (MA) Moore (KS) Welch (VT) The SPEAKER pro tempore. The Wexler enforcement agencies all across the Giffords Moore (WI) question is on ordering the previous Gillibrand Murphy (CT) Wilson (OH) country are enthusiastically sup- question. Gonzalez Murphy, Patrick Woolsey porting this legislation. That’s why 31 The question was taken; and the Gordon Murtha Wu State Attorney Generals, including the Green, Al Nadler Wynn Speaker pro tempore announced that Green, Gene Napolitano Yarmuth Republican Attorney General from the the ayes appeared to have it. State of Washington, supports this bill. Mr. HASTINGS of Washington. Mr. NAYS—196 Victims have reported an average of Speaker, I object to the vote on the Aderholt Boozman Coble 191,000 hate crime incidents annually ground that a quorum is not present Akin Boustany Cole (OK) since the year 2000. Seventy-three per- Alexander Boyd (FL) Conaway and make the point of order that a Bachmann Brady (TX) Crenshaw cent of Americans support strength- quorum is not present. Bachus Brown (SC) Davis (KY) ening hate crimes laws.