April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11081 Thompson (MS) Vela´ zquez Wexler (1) IN GENERAL.—At the request of a State, SEC. 4. GRANT PROGRAM. Thompson (PA) Visclosky Whitfield local, or tribal law enforcement agency, the At- (a) AUTHORITY TO AWARD GRANTS.—The Of- Thornberry Walden Wilson (OH) torney General may provide technical, forensic, fice of Justice Programs of the Department of Tiahrt Walz Wilson (SC) Justice may award grants, in accordance with Tiberi Wamp prosecutorial, or any other form of assistance in Wittman the criminal investigation or prosecution of any such regulations as the Attorney General may Tierney Wasserman Wolf crime that— prescribe, to State, local, or tribal programs de- Titus Schultz Woolsey (A) constitutes a crime of violence; Tonko Waters Wu signed to combat hate crimes committed by juve- Towns Watson (B) constitutes a felony under the State, local, Yarmuth niles, including programs to train local law en- Tsongas Watt Young (AK) or tribal laws; and forcement officers in identifying, investigating, Turner Waxman Young (FL) (C) is motivated by prejudice based on the ac- prosecuting, and preventing hate crimes. Upton Weiner tual or perceived race, color, religion, national (b) AUTHORIZATION OF APPROPRIATIONS.— Van Hollen Welch origin, gender, sexual orientation, gender iden- There are authorized to be appropriated such NOES—19 tity, or disability of the victim, or is a violation sums as may be necessary to carry out this sec- Blunt Flake Royce of the State, local, or tribal hate crime laws. tion. Broun (GA) Gohmert Scalise (2) PRIORITY.—In providing assistance under SEC. 5. AUTHORIZATION FOR ADDITIONAL PER- Camp Goodlatte Shadegg paragraph (1), the Attorney General shall give SONNEL TO ASSIST STATE, LOCAL, Campbell Graves Stearns priority to crimes committed by offenders who AND TRIBAL LAW ENFORCEMENT. Cassidy Kingston Westmoreland have committed crimes in more than one State There are authorized to be appropriated to the Culberson Pitts and to rural jurisdictions that have difficulty Department of Justice, including the Community Duncan Rogers (KY) covering the extraordinary expenses relating to Relations Service, for fiscal years 2010, 2011, and NOT VOTING—17 the investigation or prosecution of the crime. 2012, such sums as are necessary to increase the Bachus Dicks Paul (b) GRANTS.— number of personnel to prevent and respond to Bishop (GA) Doyle Perriello (1) IN GENERAL.—The Attorney General may alleged violations of section 249 of title 18, Burgess Granger Sessions award grants to State, local, and tribal law en- United States Code, as added by section 7 of this Butterfield Larsen (WA) Smith (NE) forcement agencies for extraordinary expenses Act. Cummings Linder Stark associated with the investigation and prosecu- SEC. 6. PROHIBITION OF CERTAIN HATE CRIME Diaz-Balart, L. Nye tion of hate crimes. ACTS. b 1421 (2) OFFICE OF JUSTICE PROGRAMS.—In imple- (a) IN GENERAL.—Chapter 13 of title 18, menting the grant program under this sub- United States Code, is amended by adding at the So (two-thirds being in the affirma- section, the Office of Justice Programs shall end the following: tive) the rules were suspended and the work closely with grantees to ensure that the ‘‘§ 249. Hate crime acts bill was passed. concerns and needs of all affected parties, in- The result of the vote was announced cluding community groups and schools, colleges, ‘‘(a) IN GENERAL.— and universities, are addressed through the ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- as above recorded. CEIVED RACE, COLOR, RELIGION, OR NATIONAL OR- A motion to reconsider was laid on local infrastructure developed under the grants. (3) APPLICATION.— IGIN.—Whoever, whether or not acting under the table. (A) IN GENERAL.—Each State, local, or tribal color of law, willfully causes bodily injury to f law enforcement agency that desires a grant any person or, through the use of fire, a fire- arm, a dangerous weapon, or an explosive or in- LOCAL LAW ENFORCEMENT HATE under this subsection shall submit an applica- tion to the Attorney General at such time, in cendiary device, attempts to cause bodily injury CRIMES PREVENTION ACT OF 2009 such manner, and accompanied by or con- to any person, because of the actual or per- Mr. CONYERS. Mr. Speaker, pursu- taining such information as the Attorney Gen- ceived race, color, religion, or national origin of ant to the rule, I call up the bill (H.R. eral shall reasonably require. any person— (B) DATE FOR SUBMISSION.—Applications sub- ‘‘(A) shall be imprisoned not more than 10 1913) to provide Federal assistance to years, fined in accordance with this title, or States, local jurisdictions, and Indian mitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on both; and tribes to prosecute hate crimes, and for a date that the Attorney General shall prescribe. ‘‘(B) shall be imprisoned for any term of years other purposes. (C) REQUIREMENTS.—A State, local, or tribal or for life, fined in accordance with this title, or The Clerk read the title of the bill. law enforcement agency applying for a grant both, if— The SPEAKER pro tempore. Pursu- under this subsection shall— ‘‘(i) death results from the offense; or ant to House Resolution 372, the (i) describe the extraordinary purposes for ‘‘(ii) the offense includes kidnaping or an at- amendment in the nature of a sub- which the grant is needed; tempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or stitute printed in the bill, modified by (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to in- an attempt to kill. the amendment printed in House Re- vestigate or prosecute the hate crime; ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- port 111–91, is adopted and the bill, as (iii) demonstrate that, in developing a plan to CEIVED RELIGION, NATIONAL ORIGIN, GENDER, amended, is considered read. implement the grant, the State, local, or tribal SEXUAL ORIENTATION, GENDER IDENTITY, OR DIS- The text of the bill, as amended, is as law enforcement agency has consulted and co- ABILITY.— follows: ordinated with nonprofit, nongovernmental vio- ‘‘(A) IN GENERAL.—Whoever, whether or not acting under color of law, in any circumstance H.R. 1913 lence recovery service programs that have expe- rience in providing services to victims of hate described in subparagraph (B), willfully causes Be it enacted by the Senate and House of Rep- crimes; and bodily injury to any person or, through the use resentatives of the United States of America in (iv) certify that any Federal funds received of fire, a firearm, a dangerous weapon, or an Congress assembled, under this subsection will be used to supple- explosive or incendiary device, attempts to cause SECTION 1. SHORT TITLE. ment, not supplant, non-Federal funds that bodily injury to any person, because of the ac- This Act may be cited as the ‘‘Local Law En- would otherwise be available for activities fund- tual or perceived religion, national origin, gen- forcement Hate Crimes Prevention Act of 2009’’. ed under this subsection. der, sexual orientation, gender identity, or dis- SEC. 2. DEFINITION OF HATE CRIME. (4) DEADLINE.—An application for a grant ability of any person— In this Act— under this subsection shall be approved or de- ‘‘(i) shall be imprisoned not more than 10 (1) the term ‘‘crime of violence’’ has the mean- nied by the Attorney General not later than 180 years, fined in accordance with this title, or ing given that term in section 16, title 18, United business days after the date on which the Attor- both; and States Code; ney General receives the application. ‘‘(ii) shall be imprisoned for any term of years (2) the term ‘‘hate crime’’ has the meaning (5) GRANT AMOUNT.—A grant under this sub- or for life, fined in accordance with this title, or given such term in section 280003(a) of the Vio- section shall not exceed $100,000 for any single both, if— lent Crime Control and Law Enforcement Act of jurisdiction in any 1-year period. ‘‘(I) death results from the offense; or 1994 (28 U.S.C. 994 note); and (6) REPORT.—Not later than December 31, ‘‘(II) the offense includes kidnaping or an at- (3) the term ‘‘local’’ means a county, city, 2011, the Attorney General shall submit to Con- tempt to kidnap, aggravated sexual abuse or an town, township, parish, village, or other general gress a report describing the applications sub- attempt to commit aggravated sexual abuse, or purpose political subdivision of a State. mitted for grants under this subsection, the an attempt to kill. SEC. 3. SUPPORT FOR CRIMINAL INVESTIGA- award of such grants, and the purposes for ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- TIONS AND PROSECUTIONS BY which the grant amounts were expended. poses of subparagraph (A), the circumstances STATE, LOCAL, AND TRIBAL LAW EN- (7) AUTHORIZATION OF APPROPRIATIONS.— described in this subparagraph are that— FORCEMENT OFFICIALS. There is authorized to be appropriated to carry ‘‘(i) the conduct described in subparagraph (a) ASSISTANCE OTHER THAN FINANCIAL AS- out this subsection $5,000,000 for each of fiscal (A) occurs during the course of, or as the result SISTANCE.— years 2010 and 2011. of, the travel of the defendant or the victim— VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 6333 E:\BR09\H29AP9.000 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 11082 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 29, 2009 ‘‘(I) across a State line or national border; or pression or associations of the defendant may tected activities. What we do is add to ‘‘(II) using a channel, facility, or instrumen- not be introduced as substantive evidence at the current list of group characteris- tality of interstate or foreign commerce; trial, unless the evidence specifically relates to tics deservedly recognized for protec- ‘‘(ii) the defendant uses a channel, facility, or that offense.