Williams

*RAPS GAVEL*

The House shall come to order! Voting shall commence for 24 hours on the first O'Hallaron amendment of the House Independent Ethics Commission Creation Act of 2007. The text of the amendment is as follows:

Quote

 (b) Membership and Terms of Office.--

 

      (1) The Commission shall consist of 14 individuals. Six former Democratic Members shall be appointed by the Republican leader and 6 former Republican Members by the Democratic leader of the House of Representatives. Two members who have never served in either House of Congress shall be appointed by the Speaker of the House and the House Majority and Minority Leaders acting in concert. Except as provided by paragraph (2), the terms of all members of the Commission shall be 2 years and no member may serve for more than 6 years.

 

      (2) Of the members first appointed--

 

         (A) 2 appointed by each leader shall be for a term of 2 years;

 

         (B) 2 appointed by each leader shall be for a term of 4 years; and

 

         (C) 2 appointed by each leader shall be for a term of 6 years; as designated by each such leader at the time of appointment.

 

   (c) Chairman and Vice Chairman.--The chairman and the vice chairman of the Commission shall be selected by the members of the Commission at its first meeting. No member may serve for more than one 2-year term as chairman and no member may serve for more than one 2-year term as vice chairman.

 

   (d) Qualifications.--Except as stated in sub section (1) above, only former Members of the House of Representatives shall be eligible for appointment to the Commission.

 

*Hands off Gavel*

Madam Speaker,

I rise today to support this legislation and second the views of the gentlelady from Vermont. We have a lot of unfinished business in Afghanistan and I'm afraid the War on Terror may never end as long as there is evil in this world. It would be reasonable to assume we would have mission in Afghanistan, however evolving, over the next 10, 20, 30 years. But as we all know, Washington most times is anything but reasonable. The politics and perceptions of how things are perceived gets in the way of reason. That is why fairly bipartisan, no-non-sense measures we enact almost always has a sunset, even though we know, five, ten years down the line when the sunset approaches, we're going to band together for another sunrise. That's the nature of the politics of Washington, not necessarily the reason associated with smart policy.

Therefore, in that vein, I move to offer the following amendment:

Quote

 

SECTION 2. AMENDMENTS TO PUBLIC LAW 107-327

 

(a) Replace "2003 through 2006" in each occurrence with "2003 through 2047" "2003 through 2011"

 

(b) Replace "2003 through 2005" in each occurrence with "2003 through 2046" "2003 through 2012"

 

(c) Replace "the authority of this title shall expire after September 30, 2006" with "the authority of this title shall expire after September 30, 2047" September 30th, 2011.

 

Nevertheless, I understand and support the theory of the gentlelady and thank her for the leadership she has provided within these hallowed halls.

I yield.

*Retakes the Gavel*

*Hands off Gavel*

I second the motion and I yield.

*Takes Gavel*

With the motion for unanimous consent being motioned and seconded, there are 24 hours allotted for any objections.

Hands off gavel

I second the motion and yield..

*Takes back gavel*

Reeves

*RAPS GAVEL*

THE HOUSE SHALL COME TO ORDER!

In consideration today is the House Independent Ethics Commission Creation Act. Pursuant to the House rules, debate shall commence for a period of 72 hours beginning now! 

*RAPS GAVEL*

FULL TEXT OF THE LEGISLATION AS INTRODUCED IS AS FOLLOWS:

Quote

 

IN THE UNITED STATES HOUSE OF REPRESENTATIVES

Mr. HUGHES of Delaware, for himself, Mrs. KING of Illinois, and Mr. HOBSON of the District of Columbia, with thanks to Mr. HILL of Indiana, introduce the following bill;
 

A BILL,

 

To establish the House Independent Ethics Commission, and for other purposes.

 

SECTION. 1. SHORT TITLE.

   This Act may be cited as the, "House Independent Ethics Commission Creation Act".

 

SEC. 2. ESTABLISHMENT OF HOUSE ETHICS COMMISSION.

   (a) Establishment.--There is established an independent ethics commission within the legislative branch of the Government to be known as the House Independent Ethics Commission (in this Act referred to as the ``Commission'').

   

(b) Membership and Terms of Office.--

 

      (1) The Commission shall consist of 14 individuals. Six former Democratic Members shall be appointed by the Republican leader and 6 former Republican Members by the Democratic leader of the House of Representatives. Two members who have never served in either House of Congress shall be appointed by the Speaker of the House and the House Majority and Minority Leaders acting in concert. Except as provided by paragraph (2), the terms of all members of the Commission shall be 2 years and no member may serve for more than 6 years.

 

      (2) Of the members first appointed--

 

         (A) 2 appointed by each leader shall be for a term of 2 years;

 

         (B) 2 appointed by each leader shall be for a term of 4 years; and

 

         (C) 2 appointed by each leader shall be for a term of 6 years; as designated by each such leader at the time of appointment.

 

   (c) Chairman and Vice Chairman.--The chairman and the vice chairman of the Commission shall be selected by the members of the Commission at its first meeting. No member may serve for more than one 2-year term as chairman and no member may serve for more than one 2-year term as vice chairman.

 

   (d) Qualifications.--Except as stated in sub section (1) above, only former Members of the House of Representatives shall be eligible for appointment to the Commission.

 

   (e) Dismissal. -- A member of the Commission can be removed prior to the conclusion of their respective term from the Commission by a unanimous agreement of the House Republican and House Democratic leaders.

 

   (f) Compensation.--Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for Level III of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission.

 

   (g) Quorum.--A majority of the members of the Commission shall constitute a quorum. (g) Meetings.--The Commission shall meet at the call of the chairman or a majority of its members.

 

SEC. 3. DUTIES OF COMMISSION.

   The Commission is authorized--

 

      (1) to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities, and after notice and hearing (unless the right to a hearing is waived by the Member, officer, or employee), shall report to the House of Representatives its findings of fact and recommendations, if any, upon the final disposition of any such investigation, and such action as the Commission may deem appropriate in the circumstances;

 

      (2) to issue any letter of reproval or admonishment with respect to such an alleged violation;

 

      (3) to report to the appropriate Federal or State authorities any substantial evidence of a violation, by a Member, officer, or employee of the House of Representatives, of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in a Commission investigation; and

 

      (4) to adopt rules governing its procedures to provide protections to respondents comparable to those that were provided by clause 3 of rule XI of the Rules of the House of Representatives in effect immediately before the amendments to such rule made by section 8.

 

SEC. 4. POWERS OF COMMISSION.

   (a) Hearings and Evidence.-- The Commission or, on the authority of the Commission, the chairman or vice chairman, may, for the purpose of carrying out this Act--

 

      (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and

 

      (2) subject to subsection (b), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or the chairman or vice chairman may determine advisable.

 

   (b) Subpoenas.--

 

      (1) In general.--A subpoena may be issued only under the signature of the chairman or the vice chairman, and may be served by any person designated by the chairman or the vice chairman.

 

   (c) Obtaining Information.--Upon request of the Commission, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the panel to enable it to carry out its duties.

 

SEC. 5. PROCEDURAL RULES.

   (a) Majority Approval.--No report or recommendation relating to the official conduct of a Member, officer, or employee of the House of Representatives shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission.

 

   (b) Investigations.--Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only--

 

      (1) upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or

 

      (2) upon receipt of a complaint from the chairman of the Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee.

 

   (c) Prohibition of Certain Investigations.--No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation.

 

   (d) Disclosure.--No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the Commission.

 

SEC. 6. STAFF OF COMMISSION.

   The Commission may appoint and fix the compensation of such staff as the Commission considers necessary to perform its duties. The director shall be appointed jointly by the Speaker and minority leader and shall be paid at a rate not to exceed the rate of basic pay payable for Level III of the Executive Schedule.

 

SEC. 7. ACTION ON COMMISSION RECOMMENDATIONS.

   (a) Printing of Reports in Congressional Record.--Upon receipt by the Committee on Standards of Official Conduct of the House of Representatives of any report of the Commission, the Speaker of the House of Representatives shall have the report printed in the Congressional Record.

 

   (b) House Consideration of Independent Ethics Commission Recommendations.--Within 14 calendar days after a report referred to in subsection (a) is printed in the Congressional Record, that portion of the report recommending action by the House of Representatives respecting any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities shall be introduced (by request) in the House by the Speaker of the House, for himself and the minority leader of the House in the form of a resolution.

 

   This resolution shall constitute a question of privilege under rule IX of the Rules of the House of Representatives. Any Member favoring the resolution may call it up as a question of privilege but only on the third day after the calendar date upon which such Member announces to the House his intention to do so.

 

SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

   (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of the House of Representatives is amended as follows:

 

      (1) In paragraph (a), strike subparagraphs (1), (2), and (3), and redesignate subparagraphs (4), (5), and (6), as subparagraphs (1), (2), and (3), respectively.

 

      (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by striking ``a resolution, report, recommendation, or'' and inserting ``an'', and by striking ``, or, except as provided in subparagraph (2), undertake an investigation'', and by striking subdivision (B).

 

         (B) Paragraph (b) is further amended by striking subparagraphs (2), (3), (4), and (5) and by redesignating subparagraphs (6) and (7) as subparagraphs (2) and (3), respectively.

 

      (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and (q). (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 1989 is amended by striking subsections (c) and (d).

 

SEC. 9. EFFECTIVE DATE.

   This Act shall take effect upon the date of its enactment, except that sections 3, 4, and 8 shall not take effect until the later of 6 months after such date of enactment or immediately prior to noon January 3, 2009.

 

 

PES: Establishes an independent House Independent Ethics Commission within the legislative branch. Amends Rule XI (Procedures of Committees and Unfinished Business) of the Rules of the House of Representatives to revise the duties of the Committee on Standards of Official Conduct to conform with this Act.

 

*RAPS GAVEL*

THE HOUSE SHALL COME TO ORDER!

In consideration today is the Campaign Expenditure Accountability Act. Pursuant to the House rules, debate shall commence for a period of 72 hours beginning now! 

*RAPS GAVEL*

FULL TEXT OF THE LEGISLATION AS INTRODUCED IS AS FOLLOWS:

Quote

 

IN THE UNITED STATES HOUSE OF REPRESENTATIVES

Mr. HUGHES of Delaware, for himself, Mr. GERBHARDT of Pennsylvania, Mr. HARMON of Ohio, and Mr. ALLEN of New Mexico, with thanks to Mr. SCHIFF of California, introduce the following bill;
 

A BILL,

 

To amend the Federal Election Campaign Act of 1971 to prohibit authorized committees and leadership PACs of a candidate or an individual holding Federal office from making payments to the candidate’s or individual’s spouse, to require such committees and PACs to report on disbursements made to the immediate family members of the candidate or individual, and for other purposes.

 

SECTION. 1. SHORT TITLE.

   This Act may be cited as the, "Campaign Expenditure Accountability Act".

 

SEC. 2. PROHIBITING PAYMENT OF CAMPAIGN FUNDS TO SPOUSES OF CANDIDATES; DISCLOSURE OF PAYMENTS TO FAMILY MEMBERS.

   (a) Prohibition.—Section 313 of the Federal Election Campaign Act of 1971 is amended by adding at the end the following new subsection:

 

      “(c) Restrictions On Payments To Spouses; Disclosure Of Payments To Family Members.—

 

         “(1) PROHIBITION.—

 

            “(A) IN GENERAL.—Notwithstanding any other provision of this Act, an authorized committee of a candidate and a leadership PAC of a candidate or individual holding Federal office may not make any payment to the spouse of the candidate or individual (as the case may be) for services provided to the committee or leadership PAC.

 

            “(B) EXCEPTION FOR REIMBURSEMENTS FOR TRAVEL.—Subparagraph (A) does not apply to amounts paid to reimburse a spouse for any travel expenses which the committee or leadership PAC involved is permitted to reimburse under this Act.

 

         “(2) DISCLOSURE OF PAYMENTS TO IMMEDIATE FAMILY MEMBERS.—In addition to any other information included in a report submitted by an authorized committee or a leadership PAC of a candidate or individual holding Federal office under section 304, the committee or PAC shall include in the report a separate statement of any disbursements made to any immediate family member of the candidate or individual (as the case may be) during the period covered by the report, as well as any disbursements made to the spouse of the candidate or individual which the committee or leadership PAC is permitted to make under the exception described in paragraph (1)(B).

 

         “(3) TREATMENT OF PAYMENTS TO CERTAIN ENTITIES.—For purposes of paragraphs (1) and (2), a payment to an entity shall be considered to be a payment to the spouse or an immediate family member of the candidate or individual (as the case may be) if the spouse or immediate family member is an officer or director of the entity.

 

         “(4) EXCEPTION FOR NOMINAL REIMBURSEMENTS.—Paragraphs (1) and (2) do not apply to nominal amounts paid to reimburse a spouse or immediate family member for supplies and equipment used by the committee or leadership PAC involved, so long as the total amount paid by the committee or leadership PAC for all such reimbursements during a calendar year does not exceed $500.

 

         “(5) DEFINITIONS.—In this subsection—

 

            “(A) the term ‘immediate family member’ means the son, daughter, son-in-law, daughter-in-law, mother, father, brother, sister, brother-in-law, sister-in-law, or grandchild of the candidate or individual involved; and

 

            “(B) the term ‘leadership PAC’ means a political committee which is directly or indirectly established, maintained, or controlled by a candidate for election for Federal office or an individual holding Federal office but is not an authorized committee of the candidate or individual, except that such term does not include any political committee of a political party.”.

 

   (b) Conforming Amendment.—Section 313(a)(1) of such Act (2 U.S.C. 439a(a)(1)) is amended by striking “for otherwise” and inserting “subject to subsection (c), for otherwise”.

 

SEC. 3. IMPOSITION OF PENALTY AGAINST CANDIDATE OR OFFICEHOLDER.

   Section 309 of the Federal Election Campaign Act of 1971 is amended by adding at the end the following new subsection:

 

      “(e) In the case of a violation of section 313(c) committed by an authorized committee or leadership PAC of a candidate or individual holding Federal office, if the candidate or individual knew of the violation, any penalty imposed under this section shall be imposed on the candidate or individual and not on the committee or leadership PAC.”.

 

SEC. 4. EFFECTIVE DATE.

   The amendments made by this Act shall apply with respect to elections occurring after December 2007.

 

 

PES: Amends the Federal Election Campaign Act of 1971 to prohibit authorized committees of a candidate or any other political committee established, maintained, or controlled by a candidate or an individual holding federal office (other than a political committee of a political party) from directly or indirectly compensating the spouse of the candidate or the individual (as the case may be) for services provided to or on behalf of the committee.

 

Requires any such committee to report on disbursements to the spouse or an immediate family member of the candidate or individual.

 

Requires any penalty imposed for violation of this Act to be imposed on the candidate or federal office holder whose spouse receives compensation. Prohibits the committee involved from reimbursing the candidate or office holder for any such penalty.

 

40 minutes ago, Richard said:

Mr. Speaker, I move to suspend debate and move immediately to a vote. I yield.

Unfortunately, sir, a motion for unanimous consent has already been objected to. Debate shall continue.

Raps Gavel

*RAPS GAVEL*

THE HOUSE SHALL COME TO ORDER!

In consideration today is the Afghanistan Freedom Support Act of 2007. Pursuant to the House rules, debate shall commence for a period of 72 hours beginning now! 

*RAPS GAVEL*

FULL TEXT OF THE LEGISLATION AS INTRODUCED IS AS FOLLOWS:

Quote

 

Ms. Smith of Vermont presents

 

A BILL

 

To restore restoration activities in Afghanistan

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Afghanistan Freedom Support Act of 2007"

 

SECTION 2. AMENDMENTS TO PUBLIC LAW 107-327

 

(a) Replace "2003 through 2006" in each occurrence with "2003 through 2047"

 

(b) Replace "2003 through 2005" in each occurrence with "2003 through 2046"

 

(c) Replace "the authority of this title shall expire after September 30, 2006" with "the authority of this title shall expire after September 30, 2047".

 

SECTION 3. IMPLEMENTATION.

 

This act shall take effect immediately upon Constitutional passage.

 

SECTION 4. EARLY TERMINATION.

 

(a)This act shall be considered to terminate one year after a successful sunset vote under the Afghan Combat Termination Act, 

 

 

 

PES: A substantial, retroactive extension of the original Afghanistan Freedom Support Act of 2002, subject to Sunset provisions of the Afghan Combat Termination Act.

 

*RAPS GAVEL*

THE HOUSE SHALL COME TO ORDER!

In consideration today is the Iraq War De-Escalation Act of 2007. Pursuant to the House rules, debate shall commence for a period of 72 hours beginning now! 

*RAPS GAVEL*

FULL TEXT OF THE LEGISLATION AS INTRODUCED IS AS FOLLOWS:

Quote

 

IN THE SENATE OF THE UNITED STATES

 

Mrs. Reese (for herself, with thanks to Mr. Thompson) introduced the following bill

 

A BILL

To state United States policy for Iraq, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

 

SECTION 1. SHORT TITLE.

 

This Act may be cited as the “Iraq War De-Escalation Act of 2007”.

 

SEC. 2. FINDINGS AND PURPOSES.

 

(a) Findings.—Congress makes the following findings:

 

(1) Congress and the Nation honor the courage, sacrifices, and efforts of the members of the Armed Forces of the United States and their families.

 

(2) In his speech to the Nation on January 10, 2007, President George W. Bush said that “I've made it clear to the Prime Minister and Iraq's other leaders that America's commitment is not open-ended. If the Iraqi government does not follow through on its promises, it will lose the support of the American people. . . The Prime Minister understands this”.

 

(3) In that speech, President George W. Bush also told the Nation that “America will hold the Iraqi government to the benchmarks it has announced. . . [T]o take responsibility for security in all of Iraq's provinces by November. To give every Iraqi citizen a stake in the country's economy, Iraq will pass legislation to share oil revenues among all Iraqis. To show that it is committed to delivering a better life, the Iraqi government will spend $10,000,000,000 of its own money on reconstruction and infrastructure projects that will create new jobs. To empower local leaders, Iraqis plan to hold provincial elections later this year. And to allow more Iraqis to re-enter their nation's political life, the government will reform de-Baathification laws, and establish a fair process for considering amendments to Iraq's constitution”.

 

(4) In that speech, President George W. Bush also told the Nation that “only Iraqis can end the sectarian violence and secure their people”.

 

(5) On December 18, 2006, former Secretary of State Colin Powell stated: “[s]o we have tried this surge of troops over the summer. I am not persuaded that another surge of troops in Baghdad for the purpose of suppressing this communitarian violence, this civil war, will work”.

 

(6) On November 15, 2006, General John Abizaid, Commander of the United States Central Command, stated before the Committee on Armed Services of the Senate that “I met with every divisional commander, General Casey, the corps commander, General Dempsey. We all talked together. And I said, in your professional opinion, if we were to bring in more American troops now, does it add considerably to our ability to achieve success in Iraq? And they all said no. And the reason is, because we want the Iraqis to do more. It's easy for the Iraqis to rely upon us to do this work. I believe that more American forces prevent the Iraqis from doing more, from taking more responsibility for their own future”.

 

(7) In testimony before the Committee on Foreign Relations of the Senate on January 11, 2007, Secretary of State Condoleezza Rice stated that unless the Government of Iraq has met certain benchmarks and reestablishes the confidence of the Iraqi people over the next several months, “this plan is not going to work”.

 

(8) In a statement on January 11, 2007, Secretary of Defense Robert Gates stated “[a]nd we will probably have a better view a couple of months from now in terms of whether we are making headway in terms of getting better control of Baghdad, with the Iraqis in the lead and with the Iraqis beginning to make better progress on the reconciliation process”.

 

(9) The bipartisan Iraq Study Group headed by former Secretary of State James Baker and former Representative Lee Hamilton reached a bipartisan consensus on 79 separate recommendations for a new approach in Iraq. Among those recommendations were calling for a new diplomatic offensive in the region and conditioning American economic assistance to Iraq on specific benchmarks, with the expectation that “by the first quarter of 2008, subject to unexpected developments in the security situation on the ground, all combat brigades not necessary for force protection could be out of Iraq”.

 

(10) In reaction to the speech of President George W. Bush of January 10, 2007, former Secretary of State Baker and former Representative Hamilton wrote that “[t]he President did not suggest the possibility of a transition that could enable U.S. combat forces to begin to leave Iraq. The President did not state that political, military, or economic support for Iraq would be conditional on the Iraq government's ability to meet benchmarks. Within the region, the President did not announce an international support group for Iraq including all of Iraq's neighbors. . .”.

 

(b) Purposes.—The purposes of this Act are as follows:

 

(1) To formulate and provide for the implementation of an effective United States policy towards Iraq and the Middle East region that employs military, political, diplomatic, and economic assets to promote and protect the national security interests of the United States.

 

(2) To provide for the implementation of a responsible, phased redeployment of the Armed Forces of the United States from Iraq in a substantial and gradual manner that places the highest priority on protecting the lives of members of the Armed Forces and civilian personnel of the United States and on promoting the national security interests of the United States in the Middle East region.

 

(3) To urge the political parties and leaders of Iraq to reach the political solution necessary to promote stability in Iraq and enhance the safety of innocent Iraqi civilians.

 

(4) To condition future economic assistance to the Government of Iraq on significant progress toward the achievement of political and economic measures to be taken by the Government of Iraq.

 

(5) To provide for the initiation of a wider and sustained diplomatic strategy aimed at promoting a political settlement in Iraq, thereby ending the civil war in Iraq, preventing a humanitarian catastrophe in Iraq, and preventing a wider regional conflict.

 

(6) To provide, through sections 4 through 7, for the implementation of key recommendations of the Iraq Study Group, a bipartisan panel of experts co-chaired by former Secretary of State James Baker and former Representative Lee Hamilton.

 

SEC. 3. APPROPRIATE FORCE LEVELS FOR UNITED STATES MILITARY FORCES IN IRAQ.

 

Notwithstanding any other provision of law, the levels of the Armed Forces of the United States in Iraq after the date of the enactment of this Act shall not exceed the levels of such forces in Iraq as of January 10, 2007, without specific authority in statute enacted by Congress after the date of the enactment of this Act.

 

SEC. 4. REDEPLOYMENT OF UNITED STATES MILITARY FORCES FROM IRAQ.

 

(a) Redeployment.—

 

(1) DEADLINE FOR COMMENCEMENT OF REDEPLOYMENT.—Except as otherwise provided in this section, the phased redeployment of the Armed Forces of the United States from Iraq shall commence not later than May 1, 2007.

 

(2) SCOPE AND MANNER OF REDEPLOYMENT.—The redeployment of the Armed Forces under this section shall be substantial, shall occur in a gradual manner, and shall be executed at a pace to achieve the goal of the complete redeployment of all United States combat brigades from Iraq by March 31, 2008, consistent with the expectation of the Iraq Study Group, if all the matters set forth in subsection (b)(1)(B) are not met by such date, subject to the exceptions for retention of forces for force protection, counter-terrorism operations, training of Iraqi forces, and other purposes as contemplated by subsection (g).

 

(3) FORMULATION OF PLAN WITH MILITARY COMMANDERS.—The redeployment of the Armed Forces under this section should be conducted pursuant to a plan formulated by United States military commanders that is developed, if practicable, in consultation with the Government of Iraq.

 

(4) PROTECTION OF UNITED STATES FORCES AND CIVILIAN PERSONNEL.—In carrying out the redeployment of the Armed Forces under this section, the highest priority shall be afforded to the safety of members of the Armed Forces and civilian personnel of the United States in Iraq.

 

(b) Suspension Of Redeployment.—

 

(1) IN GENERAL.—The President may suspend, on a temporary basis as provided in paragraph (2), the redeployment of the Armed Forces under this section if the President certifies to the President pro tempore of the Senate and the Speaker of the House of Representatives that—

 

(A) doing so is in the national security interests of the United States; and

 

(B) the Government of Iraq—

 

(i) has lifted all restrictions concerning non-interference in operations of the Armed Forces of the United States in Iraq and does so on a continuing basis;

 

(ii) is making significant progress in reducing sectarian violence in Iraq and in reducing the size and operational effectiveness of sectarian militias in Iraq;

 

(iii) is making significant progress towards removing militia elements from the Iraqi Army, National Police, Facilities Protection Services, and other security forces of the Government of Iraq;

 

(iv) has enacted legislation or established other binding mechanisms to ensure the sharing of all Iraqi oil revenues among all segments of Iraqi society in an equitable manner;

 

(v) is making significant progress towards making available not less than $10,000,000,000 for reconstruction, job creation, and economic development in Iraq, with safeguards to prevent corruption, by January 10, 2008;

 

(vi) has deployed at least 18 Iraqi Army and National Police brigades to Baghdad and is effectively ensuring that such units are performing their security and police functions in all Baghdad neighborhoods, regardless of their sectarian composition;

 

(vii) has enacted legislation or established other binding mechanisms to revise its de-Baathification laws to encourage the employment in the Government of Iraq of qualified Iraqi professionals, irrespective of ethnic or political affiliation, including ex-Baathists who were not leading figures of the Saddam Hussein regime;

 

(viii) has established a fair process for considering amendments to the constitution of Iraq that promote lasting national reconciliation in Iraq;

 

(ix) is making significant progress towards assuming full responsibility for security in all the provinces of Iraq by November 30, 2007;

 

(x) is making significant progress towards holding free and fair provincial elections in Iraq at the earliest date practicable, but not later than December 31, 2007;

 

(xi) is making substantial progress towards increasing the size and effectiveness of Ministry of Defense forces as described on page 11 of “Highlights of the Iraq Strategy Review” published by the National Security Council in January 2007;

 

(xii) is making significant progress in reforming and strengthening the civilian ministries and other government institutions that support the Iraqi Army and National Police; and

 

(xiii) is making significant progress towards reforming its civilian ministries to ensure that they are not administered on a sectarian basis and that government services are delivered in an even-handed and non-sectarian manner.

 

(2) PERIOD OF SUSPENSION.—A suspension of the redeployment of the Armed Forces under this subsection, including any renewal of the suspension under paragraph (3), shall be for a period not to exceed 90 days.

 

(3) RENEWAL.—A suspension of the redeployment of the Armed Forces under this subsection may be renewed. Any such renewal shall include a certification to the officers referred to in paragraph (1) on the matters set forth in clauses (i) through (xiii) of subparagraph (B) of that paragraph.

 

(c) Disapproval Of Suspension.—

 

(1) DISAPPROVAL.—If Congress enacts a joint resolution disapproving the suspension of the redeployment of the Armed Forces under subsection (b), or any renewal of the suspension, the suspension shall be discontinued, and the redeployment of the Armed Forces from Iraq under this section shall resume.

 

(2) PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTIONS.—

 

(A) JOINT RESOLUTION DEFINED.—For purposes of this subsection, the term “joint resolution” means only a joint resolution introduced not later than 10 days after the date on which a certification of the President under subsection (b) is received by Congress, the matter after the resolving clause of which is as follows: “That Congress disapproves the certification of the President submitted to Congress under section 4(b) of the Iraq War De-Escalation Act of 2007, on _______.”, the blank space being filled in with the appropriate date.

 

(B) PROCEDURES.—A joint resolution described in paragraph (1) shall be considered in a House of Congress in accordance with the procedures applicable to joint resolutions under paragraphs (3) through (8) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as enacted by section 101(h) of Public Law 98–473; 98 Stat. 1936).

 

(d) Reports To Congress.—

 

(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall submit to the President pro tempore of the Senate and the Speaker of the House of Representatives a report describing and assessing—

 

(A) the progress made by the Government of Iraq on each of the matters set forth in subsection (b)(1)(B); and

 

(B) the progress of the redeployment required by subsection (a).

 

(2) FORM.—Each report under this subsection shall be submitted in unclassified form, but may include a classified annex.

 

(e) Sense Of Congress On Location Of Redeployment.—It is the sense of Congress that, in redeploying the Armed Forces from Iraq under this section, appropriate units of the Armed Forces should be redeployed—

 

(1) to the United States;

 

(2) to Afghanistan, in order to enhance United States military operations in that country;

 

(3) elsewhere in the region, to serve as an over-the-horizon force to prevent the conflict in Iraq from becoming a wider war, to reassure allies of the United States of the commitment of the United States to remain engaged in the region, and to position troops to strike directly at al-Qaeda; and

 

(4) elsewhere, to meet urgent United States security needs.

 

(f) Political Solution In Iraq.—The United States should use the redeployment of the Armed Forces under this section, and the possible suspension of such redeployment if the benchmarks set forth in subsection (b) are met, as a tool to press the Iraqi leaders to promote national reconciliation among ethnic and religious groups in Iraq in order to establish stability in Iraq.

 

(g) Retention Of Certain Forces In Iraq.—

 

(1) IN GENERAL.—Notwithstanding the requirement for the redeployment of the Armed Forces under subsection (a) and subject to the provisions of this subsection, personnel of the Armed Forces of the United States may be in Iraq after the completion of the redeployment of the Armed Forces under this section for the following purposes:

 

(A) To protect United States personnel and facilities in Iraq.

 

(B) To conduct targeted counter-terrorism operations.

 

(C) To provide training for Iraqi security forces.

 

(D) To conduct the routine functions of the Office of Defense Attache.

 

(2) CERTIFICATION.—Personnel of the Armed Forces may not be retained in Iraq under this subsection unless the President certifies to the President pro tempore of the Senate and the Speaker of the House of Representatives that—

 

(A) the retention of the Armed Forces in Iraq is necessary for one or more of the purposes set forth in paragraph (1); and

 

(B) the utilization of Armed Forces positioned outside Iraq could not result in the effective achievement of such purpose or purposes.

 

(3) DISAPPROVAL OF RETENTION.—If Congress enacts a joint resolution disapproving the retention of personnel of the Armed Forces in Iraq under this subsection, or any renewal of the retention, the retention of such personnel in Iraq shall be discontinued, and such personnel shall be redeployed from Iraq.

 

(4) PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTIONS.—

 

(A) JOINT RESOLUTION DEFINED.—For purposes of paragraph (3), the term “joint resolution” means only a joint resolution introduced not later than 10 days after the date on which a certification of the President under paragraph (2) is received by Congress, the matter after the resolving clause of which is as follows: “That Congress disapproves the certification of the President submitted to Congress under section 4(g)(2) of the Iraq War De-Escalation Act of 2007, on _______.”, the blank space being filled in with the appropriate date.

 

(B) PROCEDURES.—A joint resolution described in subparagraph (A) shall be considered in a House of Congress in accordance with the procedures applicable to joint resolutions under paragraphs (3) through (8) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as enacted by section 101(h) of Public Law 98–473; 98 Stat. 1936).

 

(h) No Permanent Bases.—Congress hereby reaffirms section 1519 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2444), and related provisions of law, that prohibit the establishment of military installations or bases for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.

 

SEC. 5. INTENSIFICATION OF TRAINING OF IRAQI SECURITY FORCES.

 

It shall be the policy of the United States to immediately formulate and implement a plan that—

 

(1) with the Government of Iraq—

 

(A) removes militia elements from the Iraqi Army, National Police, and other security forces of the Government of Iraq; and

 

(B) puts such forces in charge of maintaining security in Iraq;

 

(2) focuses and intensifies United States efforts on training such forces; and

 

(3) presses the Government of Iraq to reform the civilian ministries and other government institutions that support the Iraqi Army, National Police, local police, and judicial system.

 

SEC. 6. AVAILABILITY OF ECONOMIC ASSISTANCE FOR IRAQ.

 

(a) Limitation.—Except as provided in subsection (b), after May 1, 2007, economic assistance may be furnished to the Government of Iraq only if the President submits to the President pro tempore of the Senate and the Speaker of the House of Representatives a certification that the Government of Iraq—

 

(1) is making measurable progress toward providing not less than $10,000,000,000 of Iraqi funds for reconstruction, job creation, and economic development in Iraq, with safeguards to prevent corruption, by January 10, 2008;

 

(2) is making progress toward meeting the conditions set forth in the International Compact for Iraq and in the stand-by agreement with the International Monetary Fund; and

 

(3) is making progress toward reducing sectarian violence and promoting national reconciliation.

 

(b) Exceptions.—The limitation in subsection (a) shall not apply to assistance for Iraq as follows:

 

(1) Humanitarian assistance.

 

(2) Assistance to address urgent security and employment needs.

 

(c) Assessment Of Progress.—Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Special Inspector General for Iraq Reconstruction shall submit to Congress a report describing the progress of the Government of Iraq on each matter set forth in subsection (a).

 

SEC. 7. REGIONAL DIPLOMATIC INITIATIVES ON IRAQ.

 

(a) Policy Of The United States.—It shall be the policy of the United States to undertake comprehensive regional and international initiatives, involving key nations, that will assist the Government of Iraq in achieving the purposes of this Act, including promoting a political settlement among the Iraqi people, ending the civil war in Iraq, preventing a humanitarian catastrophe in Iraq, and preventing a regional conflict.

 

(b) Special Envoy.—The President should, not later than 60 days after the date of the enactment of this Act, appoint a special envoy for Iraq to carry out the policy set forth in subsection (a).

 

(c) Strategy On Preventing Wider Regional War.—

 

(1) STRATEGY.—Not later than 90 days after the date of the enactment of this Act, the President shall submit to the President pro tempore of the Senate and the Speaker of the House of Representatives a report setting forth a strategy for preventing the conflict in Iraq from becoming a wider regional war.

 

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex

 

PES: 

Iraq War De-Escalation Act of 2007 - States that: (1) U.S. Armed Forces levels in Iraq after the date of enactment of this Act shall not exceed January 10, 2007, levels without specific statutory authority enacted by Congress after the date of the enactment of this Act; and (2) except as otherwise provided, the phased redeployment of U.S. Armed Forces from Iraq shall begin by May 1, 2007.

Authorizes the President to temporarily suspend such redeployment upon certification to Congress that: (1) such action is in the U.S. national interest; and (2) the government of Iraq is taking specified actions. Resumes redeployment if Congress enacts a joint resolution disapproving such suspension or suspension renewal.

Authorizes, upon certification by the President to Congress, post-deployment retention of certain forces in Iraq to: (1) protect U.S. personnel and facilities; (2) conduct targeted counter-terrorism operations; (3) provide training for Iraqi security forces; and (4) conduct Office of Defense Attache functions. Terminates retention if Congress enacts a joint resolution disapproving such retention.

Reaffirms provisions prohibiting the establishment of bases or installations providing for the permanent stationing of U.S. forces in Iraq.

States that it shall be U.S. policy to: (1) implement a plan to intensify training of Iraqi security forces; and (2) undertake diplomatic initiatives to restore peace in Iraq and prevent a regional conflict.

Conditions continued economic assistance (with exceptions for humanitarian, employment, and security assistance) to the government of Iraq after May 1, 2007, upon the President certifying to Congress that the government of Iraq is taking specified actions with respect to economic improvements and reducing sectarian violence.

 

PLEASE NOTE UNDER CLOSED RULES, NO AMENDMENTS WILL BE CONSIDERED.

*RAPS GAVEL*

THE HOUSE SHALL COME TO ORDER!

In consideration today is the Permanent Internet Tax Freedom Act of 2007. Pursuant to the House rules, debate shall commence for a period of 72 hours - WITH NO AMENDMENTS ALLOWED UNDER THE CLOSED RULES - beginning now! 

*RAPS GAVEL*

FULL TEXT OF THE LEGISLATION AS INTRODUCED IS AS FOLLOWS:

Quote

 

IN THE HOUSE OF REPRESENTATIVES

 

Mr. HARMAN (for himself, Mr. HOBSON, Mr. GERBHARDT, Mr. HUGHES, and Mr. ALLEN, with inspiration from Mr. CONYERS and Sen. WYDEN) introduced the following bill;

 

A BILL

To amend the Internet Tax Freedom Act to extend the moratorium on certain taxes relating to the Internet and to electronic commerce.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the "Permanent Internet Tax Freedom Act of 2007".

 

SECTION 2. PERMANENT MORATORIUM ON INTERNET AND ELECTRONIC COMMERCE TAXES.

Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking "taxes during the period beginning November 1, 2003, and ending November 1, 2007:" and inserting “taxes:”.

 

SECTION 3. EXPANSION OF DEFINITION.

For the purposes of the Internet Tax Freedom Act, "Internet services" is further defined to include services such as a home page, electronic mail and instant messaging (including voice- and video-capable electronic mail and instant messaging), video clips, and personal electronic storage capacity, whether independent from or incidental to the provision of the Internet.

 

SECTION 4. GRANDFATHER PROVISIONS.

The grandfather provisions of the Internet Tax Freedom Act are inapplicable if the state with a grandfather claim has repealed or otherwise nullified its tax laws at any point prior to the passage of this Act.

 

PES.

Permanently extends the moratorium on internet and electronic commerce taxes (which is due to expire on November 1, 2007). Includes emails, home pages, video clips, and other services under the defintiion of "Internet services." Removes the ability of a state to claim a grandfather provision if that state with the grandfather clause has repealed its law.

 

Press Briefing #2 | Press Conference Opening Statement | Office of the Speaker of the House

Speaker Williams enters the House Briefing Room with a cup of coffee. He sips the cup before organizing the podium.

House Speaker Christopher Williams

"Good afternoon. Thank you all for joining me here today. I guess this would the introductory press conference as the Speaker of the House. I trust you all have read the previous press briefing our own Olivia Griener was kind enough to send out. I will be adding to that briefing today and hopefully get to some of your questions.

To begin, the House Democratic Caucus is focused and leading on the following efforts: holding the Bush administration accountable as it pertains to their ambitions to lead us down a path of endless war in Iraq; answering the calls from Americans in the last election to rein in Washington and address corruption and ethics within these halls of Congress; and uplift poor and middle-class Americans to ensure that America’s basic bargain remains intact and the current coarse of runaway income inequality.

Despite the distractions; the tweets; the outside noise - this is the agenda of House Democrats this session. We will be pursuing legislation on these issues, and particularly on the economy, on each future docket, including this one.

Particularly on the economy, Representative Tom Greenspan, along with Jamal Hughes of Indiana, are currently hammering out details on a bipartisan infrastructure package to rebuild America from the ground up. This includes working with Minority Leader Nathan Allen to make sure we’re on the same page when that time comes to release this legislation and pursue its passage. 

Moving on to the War in Iraq. As stated previously in our press briefing before this conference, I did meet with the president and made it clear that we will be pursuing accountability on the issue of the war and will not be giving a blank check to the president to elevate and ‘surge’ this war forever. I am saying here today, that is the policy of this House Democratic Caucus to forge forth with legislation that de-escalates the war; stops this surge in its tracks by ensuring troop levels remain what they were on January 10th of this year - before the surge in troops were authorized by the president; begins a phased redeployment of troops in Iraq from combat forces to either train the Iraqi Defense Forces or be redeployed out of Iraq to address other security challenges outside of Iraq; enables America to continue supporting the Iraqi Defense Forces so that we aren’t simply abandoning Iraq after we destroyed their government; and provides assistance to the government of Iraq on a conditional basis. This legislation, the Iraq War De-Escalation Act is being brought forth before the House as we speak. 

But we are not going to stop there. In keeping with my promise to the President and my promise to the American people to hold this administration’s feet to fire as our troops in Iraq continue dying by fire, I am authorizing today the establishment of a Select Committee on Iraq War Accountability. We will be calling members of the president’s administration - particularly those a part the national security apparatus; the state department; and the defense department - to answer to the American people as to what their exact benchmarks for success are in Iraq; where we are in terms of succeeding or failing in our mission; what exactly is our mission as we stand here today? These are questions mothers and fathers of dead soldiers want to know. These are the questions our wounded veterans who got a limb blown off in Iraq want to know. These are the questions every parent who is kneeling down and praying to God for their young girl or young boy’s safety want to know as they worry about whether they’re going to hear that fateful knock on their front door telling them their son or daughter has been killed in action. And these are the questions the Bush administration must answer. With that being said, Representative Mary Smith; Representative - and our new Majority Whip - Garret Hobson; and Representative John Starnes, have been appointed to this committee to probe the administration’s handling of the war. 

Also being debated will be the Afghanistan Freedom Support Act of 2007 which focuses on where our real national security priorities ought to be lying - in Afghanistan, fighting al-Qaeda and standing firm against terrorism. This particular legislation, drafted by Representative Mary Smith, who has been put in charge of our party’s efforts on these international affairs issues, will continue restoration activities in Afghanistan. This legislation is important in elevating our commitment to ensuring Afghanistan is not a safe haven for terrorists. 

Furthermore, I am pursuing today a renewed focus on ethics in government. We will do this by debating legislation we’re putting on the floor today that would establish an ethics commission in this body of Congress and rein in perhaps corrupt campaign practices. Both of these legislative initiatives were drafted by Representative Norman Hughes and we thank him for his leadership on these issues. More initiatives are to come in forthcoming dockets, but this is a nice start in delivering on the promise to America that we will combat corruption and promote ethics in our government. 

In addition, I would like to thank Representative Raymond Harman for his leadership on the issue of ensuring we protect our internet’s growth from government taxation. With his legislation - the Permanent Internet Tax Freedom Act of 2007 - we will ensure that we never have to address this issue again. But it’s important we address it now. The tax freedom our internet has is about to expire. Because of the time-sensitive nature of this legislation being passed, I will not allow it to be bogged down by the amendments process. In that vein, I will be using one of the five chances I receive in the powers vested by the House Rules to have this bill debated on the floor under “Closed Rules” to prevent amendments from being offered, hopefully contributing to the speed with which is needed to ensure enactment of this legislation."

ANNOUNCEMENT FROM THE SPEAKER

Dear Members of Congress,

First and foremost, It is the pleasure of the Speaker of the House to announce the third docket of the 110th Congress:

• Permanent Internet Tax Freedom Act of 2007 [UNDER CLOSED RULES]
• House Independent Ethics Commission Creation Act
• Campaign Expenditure Accountability Act
• Afghanistan Freedom Support Act of 2007
• Iraq War De-Escalation Act of 2007

Furthermore, in activation of the Section 2(g) of House Rules, there shall be the creation of a Select Committee on Iraq War Accountability. Representative Mary Smith; Representative Garrett Hobson; and Representative John Starnes shall serve on such committee. 

Quote

 

IN THE SENATE OF THE UNITED STATES

 

Mr. Callahan (for himself, Ms. Reese, Mr. Hughes, and Mr. Gerbhardt, with thanks to Mr. Kennedy) introduced the following bill

 

A BILL

 

To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Employee Free Choice Act of 2007”.

 

SEC. 2. STREAMLINING UNION CERTIFICATION.

(a) In General.—Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following:

“(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a).

“(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include—

“(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and

“(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.”.

 

(b) Conforming Amendments.—

(1) NATIONAL LABOR RELATIONS BOARD.—Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence—

(A) by striking “and to” and inserting “to”; and

(B) by striking “and certify the results thereof,” and inserting “, and to issue certifications as provided for in that section,”.

(2) UNFAIR LABOR PRACTICES.—Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended—

(A) in paragraph (7)(B) by striking “, or” and inserting “or a petition has been filed under section 9(c)(6), or”; and

(B) in paragraph (7)(C) by striking “when such a petition has been filed” and inserting “when such a petition other than a petition under section 9(c)(6) has been filed”.

 

SEC. 3 2. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.

Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following:

“(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows:

“(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.

“(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement.

“(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.”.

 

SEC. 4 3. STRENGTHENING ENFORCEMENT.

(a) Injunctions Against Unfair Labor Practices During Organizing Drives.—

(1) IN GENERAL.—Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended—

(A) in the second sentence, by striking “If, after such” and inserting the following:

“(2) If, after such”; and

(B) by striking the first sentence and inserting the following:

“(1) Whenever it is charged—

“(A) that any employer—

“(i) discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8;

“(ii) threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or

“(iii) engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7;

while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or

“(B) that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B) or (C) of section 8(b)(4), section 8(e), or section 8(b)(7);

the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.”.

(2) CONFORMING AMENDMENT.—Section 10(m) of the National Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting “under circumstances not subject to section 10(l)” after “section 8”.

 

(b) Remedies For Violations.—

(1) BACKPAY.—Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking “And provided further,” and inserting “Provided further, That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further,”.

(2) CIVIL PENALTIES.—Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended—

(A) by striking “Any” and inserting “(a) Any”; and

(B) by adding at the end the following:

“(b) Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsections (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest.”.

 

PES

 

Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.

 

Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition.

 

Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief.

 

Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.

 

Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.

 

By the Powers vested in the House of Representatives of the United States, this Act is PASSED by a vote of 255-180.

 

/s/ Christopher Williams /s/

Speaker of the House of Representatives

110th Congress of the United States

 

*RAPS GAVEL*

Debate on the legislation, the Emmett Till Antilynching Act of 2007, has concluded and a final vote, pursuant to House rules, shall commence for the next 72 hours! *Raps Gavel*

Here's the full legislation as presented before Congress for a final vote:

Quote

 

110th CONGRESS

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES

Mr. HUGHES of INDIANA (for himself, Mr. REYES of NEW YORK and Mr. HAYES of GEORGIA; with thanks to Mr. RUSH of ILLINOIS)

AN ACT

To amend title 18, United States Code, to specify lynching as a deprivation of civil rights, and for other purposes.

1.

Short title

This Act may be cited as the Emmett Till Antilynching Act.

2.

Findings

Congress finds the following:

(1)

The crime of lynching succeeded slavery as the ultimate expression of racism in the United States following Reconstruction.

(2)

Lynching was a widely acknowledged practice in the United States until the middle of the 20th century.

(3)

Lynching was a crime that occurred throughout the United States, with documented incidents in all but four States.

(4)

At least 4,742 people, predominantly African Americans, were reported lynched in the United States between 1882 and 1968.

(5)

Ninety-nine percent of all perpetrators of lynching escaped from punishment by State or local officials.

(6)

Lynching prompted African Americans to form the National Association for the Advancement of Colored People (referred to in this section as the NAACP) and prompted members of B'nai B'rith to found the Anti-Defamation League.

(7)

Mr. Walter White, as a member of the NAACP and later as the executive secretary of the NAACP from 1931 to 1955, meticulously investigated lynchings in the United States and worked tirelessly to end segregation and racialized terror.

(8)

Nearly 200 anti-lynching bills were introduced in Congress during the first half of the 20th century.

(9)

Between 1890 and 1952, seven Presidents petitioned Congress to end lynching.

(10)

Between 1920 and 1940, the House of Representatives passed three strong anti-lynching measures.

(11)

Protection against lynching was the minimum and most basic of Federal responsibilities, and the Senate considered but failed to enact anti-lynching legislation despite repeated requests by civil rights groups, Presidents, and the House of Representatives to do so.

(12)

The publication of Without Sanctuary: Lynching Photography in America helped bring greater awareness and proper recognition of the victims of lynching.

(13)

Only by coming to terms with history can the United States effectively champion human rights abroad.

(14)

An apology offered in the spirit of true repentance moves the United States toward reconciliation and may become central to a new understanding, on which improved racial relations can be forged.

(15)

Having concluded that a reckoning with our own history is the only way the country can effectively champion human rights abroad, 90 Members of the United States Senate agreed to Senate Resolution 39, 109th Congress, on June 13, 2005, to apologize to the victims of lynching and the descendants of those victims for the failure of the Senate to enact anti-lynching legislation.

(16)

Notwithstanding the Senate’s apology and the heightened awareness and education about the Nation’s legacy with lynching, it is wholly necessary and appropriate for the Congress to enact legislation, after 100 years of unsuccessful legislative efforts, finally to make lynching a Federal crime.

(17)

Further, it is the sense of Congress that criminal action by a group increases the likelihood that the criminal object of that group will be successfully attained and decreases the probability that the individuals involved will depart from their path of criminality. Therefore, it is appropriate to specify criminal penalties for the crime of lynching, or any attempt or conspiracy to commit lynching.

 

3.

Lynching

(a)

Offense

Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

250.

Lynching

Whoever conspires with another person to violate section 245, 247, or 249 of this title or section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) shall be punished in the same manner as a completed violation of such section, except that if the maximum term of imprisonment for such completed violation is less than 10 years, the person may be imprisoned for not more than 10 years.

.

(b)

Table of sections amendment

The table of sections for chapter 13 of title 18, United States Code, is amended by inserting after the item relating to section 249 the following:

250. Lynching.

 

 

PES

Emmett Till Antilynching Act

This bill establishes a new criminal civil rights violation for lynching.

Specifically, a person who conspires to commit certain civil rights offenses (e.g., a hate crime act) is subject to criminal penalties.

 

*RAPS GAVEL*

Debate on the legislation, the Emmett Till Antilynching Act of 2007, has concluded and a final vote, pursuant to House rules, shall commence for the next 24 hours! *Raps Gavel*

Here's the full legislation as presented before Congress for a final vote:

Quote

 

110th CONGRESS

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES

Mr. HUGHES of INDIANA (for himself, Mr. REYES of NEW YORK and Mr. HAYES of GEORGIA; with thanks to Mr. RUSH of ILLINOIS)

AN ACT

To amend title 18, United States Code, to specify lynching as a deprivation of civil rights, and for other purposes.

1.

Short title

This Act may be cited as the Emmett Till Antilynching Act.

2.

Findings

Congress finds the following:

(1)

The crime of lynching succeeded slavery as the ultimate expression of racism in the United States following Reconstruction.

(2)

Lynching was a widely acknowledged practice in the United States until the middle of the 20th century.

(3)

Lynching was a crime that occurred throughout the United States, with documented incidents in all but four States.

(4)

At least 4,742 people, predominantly African Americans, were reported lynched in the United States between 1882 and 1968.

(5)

Ninety-nine percent of all perpetrators of lynching escaped from punishment by State or local officials.

(6)

Lynching prompted African Americans to form the National Association for the Advancement of Colored People (referred to in this section as the NAACP) and prompted members of B'nai B'rith to found the Anti-Defamation League.

(7)

Mr. Walter White, as a member of the NAACP and later as the executive secretary of the NAACP from 1931 to 1955, meticulously investigated lynchings in the United States and worked tirelessly to end segregation and racialized terror.

(8)

Nearly 200 anti-lynching bills were introduced in Congress during the first half of the 20th century.

(9)

Between 1890 and 1952, seven Presidents petitioned Congress to end lynching.

(10)

Between 1920 and 1940, the House of Representatives passed three strong anti-lynching measures.

(11)

Protection against lynching was the minimum and most basic of Federal responsibilities, and the Senate considered but failed to enact anti-lynching legislation despite repeated requests by civil rights groups, Presidents, and the House of Representatives to do so.

(12)

The publication of Without Sanctuary: Lynching Photography in America helped bring greater awareness and proper recognition of the victims of lynching.

(13)

Only by coming to terms with history can the United States effectively champion human rights abroad.

(14)

An apology offered in the spirit of true repentance moves the United States toward reconciliation and may become central to a new understanding, on which improved racial relations can be forged.

(15)

Having concluded that a reckoning with our own history is the only way the country can effectively champion human rights abroad, 90 Members of the United States Senate agreed to Senate Resolution 39, 109th Congress, on June 13, 2005, to apologize to the victims of lynching and the descendants of those victims for the failure of the Senate to enact anti-lynching legislation.

(16)

Notwithstanding the Senate’s apology and the heightened awareness and education about the Nation’s legacy with lynching, it is wholly necessary and appropriate for the Congress to enact legislation, after 100 years of unsuccessful legislative efforts, finally to make lynching a Federal crime.

(17)

Further, it is the sense of Congress that criminal action by a group increases the likelihood that the criminal object of that group will be successfully attained and decreases the probability that the individuals involved will depart from their path of criminality. Therefore, it is appropriate to specify criminal penalties for the crime of lynching, or any attempt or conspiracy to commit lynching.

 

3.

Lynching

(a)

Offense

Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

250.

Lynching

Whoever conspires with another person to violate section 245, 247, or 249 of this title or section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) shall be punished in the same manner as a completed violation of such section, except that if the maximum term of imprisonment for such completed violation is less than 10 years, the person may be imprisoned for not more than 10 years.

.

(b)

Table of sections amendment

The table of sections for chapter 13 of title 18, United States Code, is amended by inserting after the item relating to section 249 the following:

250. Lynching.

 

 

PES

Emmett Till Antilynching Act

This bill establishes a new criminal civil rights violation for lynching.

Specifically, a person who conspires to commit certain civil rights offenses (e.g., a hate crime act) is subject to criminal penalties.

 

*Raps Gavel*

The time allotted to vote for final passage of this Act has concluded...

The yeas are 255.

The nays are 180.

Those voting Present are 0.

The yeas have it! THIS BILL HAS PASSED.

*Raps Gavel*

Nay

*RAPS GAVEL*

Debate on the legislation, D.C. House Voting Rights Act of 2007, has concluded and a final vote, pursuant to House rules, shall commence for the next 72 hours! *Raps Gavel*

Here's the full legislation as presented, with approved amendments, before Congress for a final vote:

Quote

 

 

 

IN THE HOUSE OF REPRESENTATIVES

 

Mr. Hobson (for himself, Mr. Hughes of Indiana, Mr. Gerbhardt, Mr. Callahan, Ms. Reese, Mr. Hamilton, Ms. Miller, Mr. Brown, Mr. Williams, Mr. Matheson, Mr. Reyes and Mr. Hayes) introduced the following bill; with thanks to Ms. Norton

A BILL

To provide for the treatment of the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes.

 

Section 1. Short Title

This Act may be cited as the District of Columbia House Voting Rights Act of 2007.

 

Section 2. Findings

Congress finds as follows:

(1) Over half a million people living in the District of Columbia, the capital of our democratic Nation, lack direct voting representation in the United States Senate and House of Representatives.

(2) District of Columbia residents have fought and died to defend our democracy in every war since the War of Independence.

(3) District of Columbia residents pay billions of dollars in Federal taxes each year.

(4) Our Nation is founded on the principles of one person, one vote and government by the consent of the governed.

 

Section 3. Treatment of District of Columbia as Congressional district

(a) In general

Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives.

(b) Conforming Amendments Relating to Apportionment of Members of House of Representatives

(1) Inclusion of single District of Columbia member in reapportionment of members among States

Section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection:

(d) This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State, except that the District of Columbia may not receive more than one Member under any reapportionment of Members.

.

(2) Clarification of determination of number of Presidential electors on basis of 23rd Amendment

Section 3 of title 3, United States Code, is amended by striking come into office; and inserting the following: come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia);.

(c) Conforming amendments regarding appointments to service academies

(1) United States military academy

Section 4342 of title 10, United States Code, is amended—

(A) in subsection (a), by striking paragraph (5); and

(B) in subsection (f), by striking the District of Columbia,.

(2) United States naval academy

Such title is amended—

(A) in section 6954(a), by striking paragraph (5); and

(B) in section 6958(b), by striking the District of Columbia,.

(3) United States air force academy

Section 9342 of title 10, United States Code, is amended—

(A) in subsection (a), by striking paragraph (5); and

(B) in subsection (f), by striking the District of Columbia,.

(4) Effective date

This subsection and the amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Tenth Congress.

 

Section 4. Increase in Membership of House of Representatives

(a) Permanent Increase in Number of Members

Effective with respect to the One Hundred Tenth Congress and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including any Members representing the District of Columbia pursuant to section 3(a).

(b) Reapportionment of Members Resulting From Increase

(1) In general

Section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking the then existing number of Representatives and inserting the number of Representatives established with respect to the One Hundred Tenth Congress.

(2) Effective date

The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2010 and each subsequent regular decennial census.

(c) Special Rules for Period Prior to 2012 Reapportionment

(1) Transmittal of revised statement of apportionment by President

Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account this Act and the amendments made by this Act.

(2) Report by clerk

Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State (other than the District of Columbia) which is entitled to one additional Representative pursuant to this section.

(3) Requirements for election of additional member

During the One Hundred Tenth Congress, the One Hundred Eleventh Congress, and the One Hundred Twelfth Congress—

(A) notwithstanding the Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting, approved December 14, 1967 (2 U.S.C. 2c), the additional Representative to which the State identified by the Clerk of the House of Representatives in the report submitted under paragraph (2) is entitled shall be elected from the State at large; and

(B) the other Representatives to which such State is entitled shall be elected on the basis of the Congressional districts in effect in the State for the One Hundred Ninth Congress.

(d) Seating of New Members

The first Representative from the District of Columbia and the first additional Representative to which the State identified by the Clerk of the House of Representatives in the report submitted under subsection (c) is entitled shall each be sworn in and seated as Members of the House of Representatives on the same date.

 

Section 5. Repeal of office of District of Columbia delegate

(a) Repeal of Office

(1) In general

Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91–405; sections 1–401 and 1–402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted.

(2) Effective date

The amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Tenth Congress.

(b) Conforming amendments to District of Columbia Elections Code of 1955

The District of Columbia Elections Code of 1955 is amended as follows:

(1) In section 1 (sec. 1–1001.01, D.C. Official Code), by striking the Delegate to the House of Representatives, and inserting the Representative in the Congress,.

(2) In section 2 (sec. 1–1001.02, D.C. Official Code)—

(A) by striking paragraph (6); and

(B) in paragraph (13), by striking the Delegate to Congress for the District of Columbia, and inserting the Representative in the Congress,.

(3) In section 8 (sec. 1–1001.08, D.C. Official Code)—

(A) in the heading, by striking Delegate and inserting Representative; and

(B) by striking Delegate, each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting Representative in the Congress,.

(4) In section 10 (sec. 1–1001.10, D.C. Official Code)—

(A) in subsection (a)(3)(A)—

(i) by striking or section 206(d) of the District of Columbia Delegate Act, and

(ii) by striking the office of Delegate to the House of Representatives and inserting the office of Representative in the Congress;

(B) in subsection (d)(1), by striking Delegate, each place it appears; and

(C) in subsection (d)(2)—

(i) by striking (A) In the event and all that follows through term of office, and inserting In the event that a vacancy occurs in the office of Representative in the Congress before May 1 of the last year of the Representative’s term of office, and

(ii) by striking subparagraph (B).

(5) In section 11(a)(2) (sec. 1–1001.11(a)(2), D.C. Official Code), by striking Delegate to the House of Representatives, and inserting Representative in the Congress,.

(6) In section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, and inserting Representative in the Congress,.

(7) In section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking the Delegate to the Congress from the District of Columbia and inserting the Representative in the Congress.

 

Section 6. Repeal of office of statehood Representative

(a) In general

Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1–123, D.C. Official Code) is amended as follows:

(1) By striking offices of Senator and Representative each place it appears in subsection (d) and inserting office of Senator.

(2) In subsection (d)(2)—

(A) by striking a Representative or;

(B) by striking the Representative or; and

(C) by striking Representative shall be elected for a 2-year term and each.

(3) In subsection (d)(3)(A), by striking and 1 United States Representative.

(4) By striking Representative or each place it appears in subsections (e), (f), (g), and (h).

(5) By striking Representative’s or each place it appears in subsections (g) and (h).

(b) Conforming amendments

(1) Statehood commission

Section 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended—

(A) in subsection (a)—

(i) by striking 27 voting members and inserting 26 voting members;

(ii) by adding and at the end of paragraph (5); and

(iii) by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and

(B) in subsection (a–1)(1), by striking subparagraph (H).

(2) Authorization of appropriations

Section 8 of such Initiative (sec. 1–127, D.C. Official Code) is amended by striking and House.

(3) Application of honoraria limitations

Section 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is amended by striking or Representative each place it appears.

(4) Application of campaign finance laws

Section 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1–135, D.C. Official Code) is amended by striking and United States Representative.

(5) District of Columbia Elections Code of 1955

The District of Columbia Elections Code of 1955 is amended—

(A) in section 2(13) (sec. 1–1001.02(13), D.C. Official Code), by striking United States Senator and Representative, and inserting United States Senator,; and

(B) in section 10(d) (sec. 1–1001.10(d)(3), D.C. Official Code), by striking United States Representative or.

(c) Effective Date

The amendments made by this section shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Tenth Congress.

 

Section 7. Nonseverability of provisions

If any provision of this Act, or any amendment made by this Act, is declared or held invalid or unenforceable, the remaining provisions of this Act and any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law.

 

PES

 (Sec. 3) Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives. Declares that the District shall not be considered a state for purposes of representation in the Senate. Applies to the District in the same manner as it applies to a state the federal law providing for the fifteenth and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members. Modifies the formula regarding the number of presidential electors to subject it to the Twenty-Third amendment to the Constitution in the case of the District. Makes conforming amendments to federal law regarding the Armed Forces (appointments to service academies).

 

(Sec. 4) Increases membership of the House from 435 to 437 Members beginning with the 110th Congress and each succeeding Congress. Provides for a reapportionment of Members resulting from such increase. Prescribes a procedure for identifying the additional Representative to which a state other than the District of Columbia shall be entitled under this Act. Requires election at large of such additional Representative. Requires the first Representative from the District and the first additional Representative from another state to each be sworn in and seated as Members of the House on the same date. Makes conforming amendments to the District of Columbia Elections Code of 1955.

 

(Sec. 5) Repeals provisions of: (1) the District of Columbia Delegate Act establishing the office of District of Columbia Delegate to the House; and (2) the District of Columbia Statehood Constitution Convention Initiative of 1979 providing for election of a Representative for the District.

 

BANGS GAVEL

The Parliamentarian has brought to the House's attention the following:

Upon review the Amendment to strike Sections 3 & 4 actually passed: 204-190-41.

The clerk shall amend the legislation, so ordered!

BANGS GAVEL

With debate having ended, we shall move this legislation toward a final vote.

BANGS GAVEL

Quote

 

110th CONGRESS

IN THE HOUSE OF REPRESENTATIVES

Mr. Hughes of Indiana (for himself, Mr. Ruberti of Connecticut, Mr. Hayes of Georgia, Mr. Hobson of the District of Columbia, Mr. Hughes of Delaware, and Mr. Gerbhardti of Pennsylvania, Mr. Callahan of Illinois, Ms. King of Illinois and Mr. Greenspan of Connecticut; with thanks to Mr. Kennedy of Massachusetts) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

1.

Short title

This Act may be cited as the Matthew Shepard Hate Crimes Prevention Act.

2.

Findings

Congress makes the following findings:

(1)

The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, 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)

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. These authorities can carry out their responsibilities more effectively with greater Federal assistance.

(4)

Existing Federal law is inadequate to address this problem.

(5)

A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.

(6)

Such violence substantially affects interstate commerce in many ways, including the following:

(A)

The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.

(B)

Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.

(C)

Perpetrators cross State lines to commit such violence.

(D)

Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.

(E)

Such violence is committed using articles that have traveled in interstate commerce.

(7)

For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.

(8)

Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct races. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.

(9)

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.

(10)

The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.

3.

Definition of hate crime

In this Act—

(1)

the term crime of violence has the meaning given that term in section 16, title 18, United States Code;

(2)

the term hate crime has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and

(3)

the term local means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.

4.

Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials

(a)

Assistance other than financial assistance

(1)

In general

At the request of State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that—

(A)

constitutes a crime of violence;

(B)

constitutes a felony under the State, local, or tribal laws; and

(C)

is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.

(2)

Priority

In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.

(b)

Grants

(1)

In general

The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.

(2)

Office of Justice Programs

In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.

(3)

Application

(A)

In general

Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.

(B)

Date for submission

Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.

(C)

Requirements

A State, local, and tribal law enforcement agency applying for a grant under this subsection shall—

(i)

describe the extraordinary purposes for which the grant is needed;

(ii)

certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;

(iii)

demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and

(iv)

certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.

(4)

Deadline

An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application.

(5)

Grant amount

A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period.

(6)

Report

Not later than December 31, 2010, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.

(7)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010 and 2011.

5.

Grant program

(a)

Authority To award grants

The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, 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.

6.

Authorization for additional personnel to assist State, local, and tribal law enforcement

There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2010, 2011, and 2012 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7 of this Act.

7.

Prohibition of certain hate crime acts

(a)

In general

Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

249.

Hate crime acts

(a)

In general

(1)

Offenses involving actual or perceived race, color, religion, or national origin

Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary 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, fined in accordance with this title, or both; and

(B)

shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—

(i)

death results from the offense; or

(ii)

the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(2)

Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability

(A)

In general

Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person—

(i)

shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

(ii)

shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—

(I)

death results from the offense; or

(II)

the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(B)

Circumstances described

For purposes of subparagraph (A), the circumstances described in this subparagraph are that—

(i)

the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim—

(I)

across a State line or national border; or

(II)

using a channel, facility, or instrumentality of interstate or foreign commerce;

(ii)

the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);

(iii)

in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or

(iv)

the conduct described in subparagraph (A)—

(I)

interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or

(II)

otherwise affects interstate or foreign commerce.

(3)

Offenses occurring in the special maritime or territorial jurisdiction of the United States

Whoever, within the special maritime or territorial jurisdiction of the United States, commits an offense described in paragraph (1) or (2) shall be subject to the same penalties as prescribed in those paragraphs.

(b)

Certification requirement

(1)

In general

No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or his designee, that—

(A)

the State does not have jurisdiction;

(B)

the State has requested that the Federal Government assume jurisdiction;

(C)

the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or

(D)

a prosecution by the United States is in the public interest and necessary to secure substantial justice.

(2)

Rule of construction

Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

(c)

Definitions

In this section—

(1)

the term ‘bodily injury’ has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim;

(2)

the term explosive or incendiary device has the meaning given such term in section 232 of this title;

(3)

the term firearm has the meaning given such term in section 921(a) of this title; and

(4)

the term gender identity for the purposes of this chapter means actual or perceived gender-related characteristics.

.

(b)

Technical and conforming amendment

The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:

249. Hate crime acts.

.

8.

Statistics

(a)

In general

Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting gender and gender identity, after race,.

(b)

Data

Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting , including data about crimes committed by, and crimes directed against, juveniles after data acquired under this section.

9.

Severability

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

10.

Rule of construction

For purposes of construing this Act and the amendments made by this Act the following shall apply:

(1)

Relevant evidence

Courts may consider relevant evidence of speech, beliefs, or expressive conduct to the extent that such evidence is offered to prove an element of a charged offense or is otherwise admissible under the Federal Rules of Evidence. Nothing in this Act is intended to affect the existing rules of evidence.

(2)

Violent acts

This Act applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability of a victim.

(3)

Constitutional protections

Nothing in this Act shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the First Amendment and peaceful picketing or demonstration. The Constitution does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

(4)

Free expression

Nothing in this Act shall be construed to allow prosecution based solely upon an individual's expression of racial, religious, political, or other beliefs or solely upon an individual's membership in a group advocating or espousing such beliefs.

PES

Matthew Shepard Hate Crimes Prevention Act - Adopts the definition of "hate crime" as set forth in the Violent Crime Control and Law Enforcement Act of 1994 (i.e., a crime in which the defendant intentionally selects a victim or, in the case of a property crime, the property that is the object of the crime because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person).

Authorizes the Attorney General to: (1) provide state, local, or tribal law enforcement agencies with technical, forensic, prosecutorial, or other assistance in the investigation or prosecution of violent crimes and hate crimes; and (2) award grants to assist such agencies with the extraordinary expenses associated with the investigation and prosecution of hate crimes.

Authorizes the Office of Justice Programs to award grants to state, local, or tribal programs designed to combat hate crimes committed by juveniles.

Authorizes appropriations to the Department of Justice (DOJ), including the Community Relations Service, for FY2010-FY2012 to prevent and respond to hate crime acts.

Amends the federal criminal code to prohibit willfully causing bodily injury to any person because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person.

Amends the Hate Crimes Statistics Act to expand data collection and reporting requirements under such Act to include: (1) crimes manifesting prejudice based on gender and gender identity; and (2) hate crimes committed by and against juveniles.

Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech.

 

By the Powers vested in the House of Representatives of the United States, this Act is PASSED by a vote of 236-125-73.

/s/ Christopher Williams /s/

Speaker of the House of Representatives

110th Congress of the United States

SIGNING CEREMONY:  Matthew Shepard Hate Crimes Prevention Act

Deputy House Speaker Christopher Williams (D-CA) organized a signing ceremony, invited activists from the Human Rights Campaign; prominent Lesbian and Gay activists; Congressman Jamal Hughes and all co-sponsors of the legislation; and the Democratic and Republican leadership of the House.

Christopher Williams: I'm proud to be presiding over an effort to fight for those who are marginalized in this country. Thank you Congressman Hughes for introducing this legislation and thank you to the activists and advocates here today who understand the importance of this legislation to society. The fact remains, despite us signing this out of the House today, more work must be done in the Senate and hopefully the President has the good sense to fight for it and sign it into law. We're just getting started. Thank you all very much!

Deputy Speaker Williams signed the legislation and handed the pin to Congressman Jamal Hughes, the sponsor of the bill. After showing the signed legislation, he handed the legislation to a congressional staffer tasked with handing it over to the Senate:

Quote

 

110th CONGRESS

IN THE HOUSE OF REPRESENTATIVES

Mr. Hughes of Indiana (for himself, Mr. Ruberti of Connecticut, Mr. Hayes of Georgia, Mr. Hobson of the District of Columbia, Mr. Hughes of Delaware, and Mr. Gerbhardti of Pennsylvania, Mr. Callahan of Illinois, Ms. King of Illinois and Mr. Greenspan of Connecticut; with thanks to Mr. Kennedy of Massachusetts) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

1.

Short title

This Act may be cited as the Matthew Shepard Hate Crimes Prevention Act.

2.

Findings

Congress makes the following findings:

(1)

The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, 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)

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. These authorities can carry out their responsibilities more effectively with greater Federal assistance.

(4)

Existing Federal law is inadequate to address this problem.

(5)

A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.

(6)

Such violence substantially affects interstate commerce in many ways, including the following:

(A)

The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.

(B)

Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.

(C)

Perpetrators cross State lines to commit such violence.

(D)

Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.

(E)

Such violence is committed using articles that have traveled in interstate commerce.

(7)

For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.

(8)

Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct races. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.

(9)

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.

(10)

The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.

3.

Definition of hate crime

In this Act—

(1)

the term crime of violence has the meaning given that term in section 16, title 18, United States Code;

(2)

the term hate crime has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and

(3)

the term local means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.

4.

Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials

(a)

Assistance other than financial assistance

(1)

In general

At the request of State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that—

(A)

constitutes a crime of violence;

(B)

constitutes a felony under the State, local, or tribal laws; and

(C)

is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.

(2)

Priority

In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.

(b)

Grants

(1)

In general

The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.

(2)

Office of Justice Programs

In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.

(3)

Application

(A)

In general

Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.

(B)

Date for submission

Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.

(C)

Requirements

A State, local, and tribal law enforcement agency applying for a grant under this subsection shall—

(i)

describe the extraordinary purposes for which the grant is needed;

(ii)

certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;

(iii)

demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and

(iv)

certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.

(4)

Deadline

An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application.

(5)

Grant amount

A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period.

(6)

Report

Not later than December 31, 2010, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.

(7)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010 and 2011.

5.

Grant program

(a)

Authority To award grants

The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, 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.

6.

Authorization for additional personnel to assist State, local, and tribal law enforcement

There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2010, 2011, and 2012 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7 of this Act.

7.

Prohibition of certain hate crime acts

(a)

In general

Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

249.

Hate crime acts

(a)

In general

(1)

Offenses involving actual or perceived race, color, religion, or national origin

Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary 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, fined in accordance with this title, or both; and

(B)

shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—

(i)

death results from the offense; or

(ii)

the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(2)

Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability

(A)

In general

Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person—

(i)

shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

(ii)

shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—

(I)

death results from the offense; or

(II)

the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(B)

Circumstances described

For purposes of subparagraph (A), the circumstances described in this subparagraph are that—

(i)

the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim—

(I)

across a State line or national border; or

(II)

using a channel, facility, or instrumentality of interstate or foreign commerce;

(ii)

the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);

(iii)

in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or

(iv)

the conduct described in subparagraph (A)—

(I)

interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or

(II)

otherwise affects interstate or foreign commerce.

(3)

Offenses occurring in the special maritime or territorial jurisdiction of the United States

Whoever, within the special maritime or territorial jurisdiction of the United States, commits an offense described in paragraph (1) or (2) shall be subject to the same penalties as prescribed in those paragraphs.

(b)

Certification requirement

(1)

In general

No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or his designee, that—

(A)

the State does not have jurisdiction;

(B)

the State has requested that the Federal Government assume jurisdiction;

(C)

the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or

(D)

a prosecution by the United States is in the public interest and necessary to secure substantial justice.

(2)

Rule of construction

Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

(c)

Definitions

In this section—

(1)

the term ‘bodily injury’ has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim;

(2)

the term explosive or incendiary device has the meaning given such term in section 232 of this title;

(3)

the term firearm has the meaning given such term in section 921(a) of this title; and

(4)

the term gender identity for the purposes of this chapter means actual or perceived gender-related characteristics.

.

(b)

Technical and conforming amendment

The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:

249. Hate crime acts.

.

8.

Statistics

(a)

In general

Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting gender and gender identity, after race,.

(b)

Data

Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting , including data about crimes committed by, and crimes directed against, juveniles after data acquired under this section.

9.

Severability

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

10.

Rule of construction

For purposes of construing this Act and the amendments made by this Act the following shall apply:

(1)

Relevant evidence

Courts may consider relevant evidence of speech, beliefs, or expressive conduct to the extent that such evidence is offered to prove an element of a charged offense or is otherwise admissible under the Federal Rules of Evidence. Nothing in this Act is intended to affect the existing rules of evidence.

(2)

Violent acts

This Act applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability of a victim.

(3)

Constitutional protections

Nothing in this Act shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the First Amendment and peaceful picketing or demonstration. The Constitution does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

(4)

Free expression

Nothing in this Act shall be construed to allow prosecution based solely upon an individual's expression of racial, religious, political, or other beliefs or solely upon an individual's membership in a group advocating or espousing such beliefs.

PES

Matthew Shepard Hate Crimes Prevention Act - Adopts the definition of "hate crime" as set forth in the Violent Crime Control and Law Enforcement Act of 1994 (i.e., a crime in which the defendant intentionally selects a victim or, in the case of a property crime, the property that is the object of the crime because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person).

Authorizes the Attorney General to: (1) provide state, local, or tribal law enforcement agencies with technical, forensic, prosecutorial, or other assistance in the investigation or prosecution of violent crimes and hate crimes; and (2) award grants to assist such agencies with the extraordinary expenses associated with the investigation and prosecution of hate crimes.

Authorizes the Office of Justice Programs to award grants to state, local, or tribal programs designed to combat hate crimes committed by juveniles.

Authorizes appropriations to the Department of Justice (DOJ), including the Community Relations Service, for FY2010-FY2012 to prevent and respond to hate crime acts.

Amends the federal criminal code to prohibit willfully causing bodily injury to any person because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person.

Amends the Hate Crimes Statistics Act to expand data collection and reporting requirements under such Act to include: (1) crimes manifesting prejudice based on gender and gender identity; and (2) hate crimes committed by and against juveniles.

Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech.

 

 

By the Powers vested in the House of Representatives of the United States, this Act is PASSED

 

/s/ Christopher Williams /s/

Speaker of the House of Representatives

110th Congress of the United States

 

Press Briefing #1 | Office of the Speaker of the House | Immediate Release

Christopher Williams

Speaker of the House

Olivia Greiner

Communications Director

WHITE HOUSE MEETING WITH THE PRESIDENT, HOUSE MINORITY LEADER

- House Speaker Williams traveled to the White House to meet with President George Bush and House Minority Leader Nathan Allen. They discussed forging a new relationship going forward in pursuing solutions to issues facing everyday Americans. Speaker Williams sternly confronted the President over his plans for a troop surge in Iraq, informing the President that he does not and will not have a "blank check" going forward and pressed accountability to have questions and concerns answered by the Administration regarding their benchmarks for victory in Iraq. Furthermore, the Speaker and the President discussed recent legislation passed by the House, including a universal preschool initiative - which the Speaker urged the President to support in the Senate, and the minimum wage increase legislation sitting on the President's desk, which the Speaker urged him to sign into law. The Speaker and Leader Allen also discussed legislative priorities moving forward, with which the Speaker conveyed his sense to pursue government reform and economic policies to enhance the lives of poor and middle class Americans. The Speaker and Leader Allen agreed to work together going forward, particularly on the issue of infrastructure...

HOUSE DEMOCRATS BEGIN INFRASTRUCTURE INVESTMENT PUSH AND FOCUS ON POVERTY IN AMERICA WITH CONGRESSMAN GREENSPAN ANOINTED THE DEMOCRATS' "JOBS AND INFRASTRUCTURE CZAR"

- House Speaker Williams has anointed Congressman Tom Greenspan to the party's internal policy planning committee focused on the economy and infrastructure development. He is being dubbed by this office as the Democrats' "Jobs and Infrastructure Czar". Also included in this policy planning effort is Congressman Jamal Hughes of Indiana. This committee will be tasked with creating policies focused on: economic and educational programs aimed at promoting prosperity and alleviating plight among impoverished urban and suburban communities; rebuilding our nation's infrastructure through a wide-range of reforms and programs that increase the public and private responsibilities in enhancing our nation's infrastructure while delivering good-paying jobs; reconstructing our tax system to contribute to major investments and reforms and ensure higher-income individuals and families are paying their fair share; improving and revitalizing American manufacturing and opportunity nationally, and particularly in the Rust Belt of America; and supporting American enterprise and small businesses through tax incentives; support mechanisms; cutting red tape; low-cost equitable loans and other financing options for new ventures; and advancing research and development initiatives.

HOUSE DEMOCRATS WILL SEEK TO HOLD BUSH ADMINSTRATION ACCOUNTABLE ON IRAQ, SUPPORT TROOPS IN AFGHANISTAN, AND PROTECT VETERANS OF WAR HERE AT HOME

- House Speaker Williams has appointed Representative Mary Smith to be joined by Representative Marcel Reyes to lead the development of legislative proposals focused on defense appropriations relative to supporting our troops in Afghanistan and enhancing our efforts against terrorism and al-Qaeda; measures mandating a phased redeployment of troops from Iraq, instituting a timeline for a troop withdrawal within the next 2 years; and a comprehensive "21st Century G.I. Bill" focused on improving veterans' healthcare; supporting veterans' homeownership; ensuring veterans' adequate unemployment benefits; and promoting veterans' education through free public tuition for veterans and their descendants. Speaker Williams is also considering the development of a Select Committee on the War in Iraq, to combat the Administration's secrecy regarding the war and probe the administration's benchmarks for success in the region. 

HOUSE DEMOCRATS WILL PURSUE ETHICS AND GOVERNMENT REFORM, BATTLING CORRUPTION

- House Speaker Williams has appointed Representatives Emma King and John Matheson to lead legislative initiatives focused on battling corruption in Government through various ethics rules and measures; making it easier to vote through federal initiatives on improving voter registration; early voting expansions; etc; targeting and eliminating wasteful and redundant federal programs to ensure the integrity of the taxpayer dollar; and leading efforts to end partisan gerrymandering through reforms of the current political redistricting system.

HOUSE DEMOCRATS PASS SLEW OF LEGISLATIVE ACHIEVEMENTS

- Even during the leadership rumblings within the House Democratic Caucus, House Speaker Williams had stepped up to lead efforts in passing legislative achievements that have included: the Small Business Support Act; Prepare All Kids Act of 2007; Fair Minimum Wage Act of 2007; Matthew Shepard Hate Crimes Prevention Act; and the Medicare Prescription Drug Price Negotiation Act of 2007. 

ANY QUESTIONS MAY BE DIRECTED TO OUR COMMS OFFICE. THANK YOU.

Government Reform and Ethics

Dear Members of the House Democratic Caucus, 

In keeping with my promise to establish policy planning groups within the party to develop legislation and promote the party's message on various issues, I am hereby appointing Representative Emma King (@ExplorerHannah) and Representative John Matheson (@John E) to Policy Planning Committee on Government Reform and Ethics. 

This committee will be tasked with developing legislative initiatives focused on the following:

- Battling corruption in Government through various ethics rules and measures. 

- Making it easier to vote through federal initiatives on improving voter registration; early voting expansions; etc. 

- Targeting and eliminating wasteful and redundant federal programs to ensure the integrity of the taxpayer dollar. 

- Leading efforts to end partisan gerrymandering through reforms of the current political redistricting system.

/s/ Christopher Williams /s/ 

Speaker of the House of Representatives