Appointment of Conferees on H.R. 4200, National Defense Authorization Act for Fiscal Year 2005

APPOINTMENT OF CONFEREES ON H.R. 4200, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005 -- (House of Representatives - September 28, 2004)

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Mr. CONYERS. Madam Speaker, I am delighted to yield 3 ½ minutes to the gentleman from Maryland (Mr. Hoyer), the whip of the Democrats, who has been a strong civil rights advocate throughout his career, and who I have been pleased to work with.

Mr. HOYER. Madam Speaker, I thank my distinguished friend, the chairman-in-waiting of the Committee on the Judiciary, the gentleman from Michigan (Mr. Conyers), for yielding me this time.

Madam Speaker, I support this motion to instruct conferees on the DOD authorization bill to keep the Senate-passed hate crimes legislation in the conference report. This straightforward legislation would provide assistance to State and local law enforcement officials to investigate and prosecute hate crimes. It also would add gender, disability, and sexual orientation to the existing Federal hate crimes law and clarify the conditions under which such crimes could be federally investigated and prosecuted.

Enacting these important additions to existing law will send, I believe, a very powerful message that crimes committed against any American just because of who he or she is are absolutely unacceptable and that the Federal Government stands ready to assist or, yes, step in to assure that perpetrators of these crimes are brought to justice.

While the heinous murder of Matthew Shepard and James Byrd, Jr., will never be forgotten, thousands of other brutal crimes are committed every year that may not command the Nation's attention, yet nonetheless strike fear among entire communities in which they occur. That is exactly what makes forcefully addressing hate crimes so essential.

This legislation should have become law 4 years ago, when the Senate added hate crimes legislation to the Department of Defense authorization bill and the House, on a strong bipartisan vote, instructed conferees to accept the Senate's position. Unfortunately, however, because the Republicans' leadership opposed such a move, the hate crimes provisions was dropped in the conference, thus opposing the will of the majority of the House and the Senate.

Let us right that wrong this year. We should adopt this motion to instruct. And if the motion succeeds, I urge the leadership of this House and of the Senate to include it in the conference report.

In conclusion, Madam Speaker, let me say this. Why do we include hate crime as a specific and distinct crime? Clearly, if one knocks me over the head, he or she commits an assault. That is a crime at the State and local level. It is also a crime at the Federal level. Why should there be a specific crime if the motivation for hitting me over the head is that I am, well, I used to say blond, like my grandson, but gray haired?

The reason for that is that this Nation holds as a principle truth that all men and women are created equal and endowed by their creator with certain inalienable rights. Therefore, because we believe that every individual is entitled to rights, an assault on that individual is a crime; but if it is because of the class to which that person belongs, it is the undermining of the very essence of America, of our welcoming of diversity, of our rejecting prejudice and bigotry, of assuring every American equal protection of the laws. That is why this is a distinct and different crime.

We have found all over the world that hate is dangerous, that bigotry is dangerous. It undermines democracy. It undermines the safety and security of individuals. Let us pass this motion to instruct.