[Pages H7887-H7888]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AMENDMENTS

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

H.R. 2670

Offered By: Mr. Dingell

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

TITLE VIII--ADDITIONAL GENERAL PROVISIONS

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

H.R. 2670

Offered By: Mr. Hayworth

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

TITLE VIII--ADDITIONAL GENERAL PROVISIONS

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

[[Page H7888]]

H.R. 2670

Offered By: Ms. Jackson-Lee of Texas

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

TITLE VIII--ADDITIONAL GENERAL PROVISIONS

SEC. 801. SHORT TITLE.

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

SEC. 802. FINDINGS.

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

SEC. 803. DEFINITION OF HATE CRIME.

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

SEC. 804. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.

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

SEC. 805. DUTIES OF FEDERAL SENTENCING COMMISSION.

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

SEC. 806. GRANT PROGRAM.

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

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

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

SEC. 808. SEVERABILITY.

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

H.R. 2670

Offered By: Mr. Tauzin

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

TITLE VIII--ADDITIONAL GENERAL PROVISIONS

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

H.R. 2684

Offered By: Mr. LaTourette

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

H.R. 2684

Offered By: Mr. LaTourette

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