H.R. 1279 - Gang Deterrence and Community Protection Act of 2005

COMMITTEE ACTION:  REPORTED BY VOICE VOTE on Tuesday, May 10, 2005.
FLOOR ACTION: ADOPTED BY VOICE VOTE on Wednesday, May 11, 2005 .
MANAGERS: GINGREY/MCGOVERN
109th Congress
1st Session

H. RES. 268
[Report No. 109-76]
H.R. 1279 - Gang Deterrence and Community Protection Act of 2005

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment.

5. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

6. Provides that the amendments printed in the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for a division of the question in the House or in the Committee of the Whole.

7. Waives all points of order against the amendments printed in the report.

8. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1279) to amend title 18, United States Code, to reduce violent gang crime and protect law-abiding citizens and communities from violent criminals, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

SUMMARY OF AMENDMENTS MADE IN ORDER

(Summaries derived from information provided by the amendment sponsor.)

Sensenbrenner #1
Manager's Amendment. Excludes property crimes from crime of violence definition for Gang Crimes under revised 18 USC 521 Gang Crime; Replaces current text with revised changes to existing 18 USC 1952, Interstate and Foreign Travel in Aid of Racketeering Enterprises, to retain existing interstate commerce requirement, to add conspiracies as possible violation, and to increase penalties for violations; Inserts existing statute text which was inadvertently omitted from introduced and reported versions of H.R. 1279; modifies crime of violence definition under 18 USC 16(b) to clarify that act, by its nature, creates substantial risk that physical injury may result to person or property of another; clarifies exception to ban on possession of handguns by juveniles under 18 USC 922(x) to permit juvenile to possess firearm while in the presence of parent or guardian who is not prohibited from possessing such a firearm by Federal, State or local law, and does not require that juvenile have written authorization from such parent or guardian; includes other technical and grammatical changes. (10 minutes)

Cuellar #6
Establishes a National Gang Intelligence Center at the Federal Bureau of Investigation. Also adds $10 million in authorization for the National Gang Intelligence Center, which mirrors the $10 million appropriation given for FY 2005. (10 minutes)

Johnson, E.B. #16
Establishes funding for regional databases that track gang activity in high intensity gang areas. (10 minutes)

Watson #3
Requires the Attorney General to seek input from local elected officials before designating an area as a "High-Intensity Interstate Gang Activity Area." (10 minutes)

Watson #4
Adds 100 new inspectors and 100 new agents fro the Bureau of Alcohol, Tobacco, Firearms and Explosives. New inspectors and agents would be assigned to the new High-Intensity Interstate Gang Activity Areas. (10 minutes)

Wynn #19
Authorizes the Attorney General to conduct a media campaign about the changes in penalties. (10 minutes)

Goodlatte #5
Adds 5 years to any sentence for violent crimes or drug trafficking offenses when the violator is an illegal alien. Also adds 15 years to any such sentence if the illegal alien has been previously deported on the grounds of a criminal offense and has re-entered the country. Requires the Department of Homeland Security to send all the names of individuals who are subject to deportation orders or who have signed voluntary deportation papers to the National Crime Information Center (NCIC). (20 minutes)

Norwood #18
Requires DHS to provide to the National Crime Information Center of the Department of Justice nformation on three categories of illegal aliens: those with a final order of removal, those who have signed a voluntary departure agreement, and those who have overstayed their visa. (10 minutes)

Norwood #17
Requires a study to be conducted by the Department of Justice and the Department of Homeland Security on the link of illegal aliens and gang membership. (10 minutes)

Waters/Scott (VA) #20
Strikes all sections of the bill that sets mandatory minimum sentences (sections 102, 103, 104, 105, 106 and 107). (20 minutes)

TEXT OF THE AMENDMENT(.pdf)