Motion To Instruct Conferees On H.R. 2647, National Defense Authorization Act For Fiscal Year 2010

Floor Speech

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Mr. JOHNSON of Georgia. Mr. Speaker, it's important to note that the hate crimes legislation has passed as a stand-alone bill in the House three times over the last decade, and now it's attached to a Department of Defense authorization bill. And I am happy, Mr. Chairman, to see this bill, which is an important and long overdue step in our continuing efforts to secure for all Americans the full blessings of liberty under our Constitution.

On several occasions, as I said, this bill has passed the House and the Senate. This year, with the support of the President, I am hopeful that we will finally see the bill signed and enacted.

Mr. Speaker, the incidence of hate crimes is continuing at a high rate. I think we've seen the degeneration of the level of political discourse in this country as it has descended into threats of misconduct and violence. I just want to point out a historical fact here because the incidence of hate crimes certainly is continuing at a high rate.

The incidence of brutal violence against individuals based on hateful bias against certain identifiable groups has unfortunately a long and shameful history in this country. For example, nearly 4,000 African Americans were tortured and killed between 1880 and 1930. In our day, since 1991--and I must confess to you, my days go back a little longer than that--but I must tell you that since 1991, there have been more than 118,000 hate crimes documented by the FBI. It has been 7,624 just in 2007. And those are only documented cases.

What this bill does, ladies and gentlemen who are viewing and listening to this message, it enables the Justice Department to come to the aid of State and local law enforcement agencies in investigating and prosecuting this bias-based brutality, and it helps to defer their cost when these kinds of crimes overwhelm State and local resources. And when necessary--and if approved by the highest Senate-confirmed department officials--it authorizes the department to step in and prosecute at the Federal level.

The bill expands existing Federal hate crimes law beyond the narrow confines of protecting access to a limited set of specified protected activities, and it adds to the current list of group characteristics deservedly recognized for protection--due to their being well-known targets for bias-based violence--four new ones that also clearly belong on the list: sexual orientation, gender, gender identity, and disability.

These crimes of violence are directed not just against those who are directly attacked--they are targeting the entire group with the threat of violence. No group should have to live under that kind of threat as they seek to go about their everyday duties and lifestyle here in America. Everyone should be protected.

So the groups in the bill differ from one another. They differ from other groups that some have been trying to add on which do not share this same kind of history of being targeted for hate-based violence.

Our approach is consistent with the judgment made by the States that have State hate crimes laws. They've made the same judgment as we have made for Federal law that many groups should be protected elsewhere in the law, not in hate crimes law. An argument is often made that since that is a State offense, the Feds should not get involved with it. But I'll tell you, the sale of drugs, State law violation, also a Federal law violation.

Our Federal criminal code mirrors sometimes the State laws, and other times State laws mirror Federal law when it comes to certain activities that are against the law. And so this is no different. Our approach is consistent with the judgment made by the States that have hate crimes laws, and this bill is definitely consistent with the Constitution.

It applies only to bias-motivated violent crimes. It in no way impinges on constitutionally protected speech, writing or other expression, including expression of religious beliefs, but not limited to that. That would be true in any event. But we state it plainly in the bill.

This bill has widespread support, over 120 cosponsors, and more than 300 civil rights, education, religious and civic organizations, including the NAACP, the ACLU and the Leadership Conference of Civil Rights.

Virtually every major law enforcement organization in this country has endorsed the bill, including the International Association of Chiefs of Police, the National District Attorneys Association; and most district attorneys that I know of are certainly not flaming liberals. They believe in the rule of law and they believe in adherence to it. When there is a criminal law violation, they will prosecute to the full extent of the law. So that is very important. The National District Attorneys Association, the National Sheriffs Association, the Police Executive Research Forum and 31 State attorneys general endorse the bill. That is very impressive.

And it is supported by over 45 leading mainstream religious organizations, who dismiss claims that the bill would somehow interfere with religious speech ``unfounded fears.''

Enacting the Local Law Enforcement Hate Crimes Protection Act is a critical step towards keeping our communities safe from hate-based violence and ensuring that all Americans can enjoy the blessings of liberty without fear.

I urge my colleagues to support this important legislation.

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