H.R. 1751 - Secure Access to Justice and Court Protection Act of 2005

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, November 8, 2005.
FLOOR ACTION: ADOPTED BY THE YEAS AND NAYS 412-0 AFTER AGREEING TO THE PREVIOUS QUESTION on Wednesday, November 9, 2005.
MANAGERS: GINGREY/MATSUI
109th Congress
1st Session

 

H. RES.540
[Report No. 109-279]

H.R. 1751 - Secure Access to Justice and Court 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 and shall be considered as read.

5. Waives all points of order against the committee amendment in the nature of a substitute.

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

7. Provides that the amendments made in order 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.

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

9. 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. 1751) to amend title 18, United States Code, to protect judges, prosecutors, witnesses, victims, and their family members, 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. All points of order against the committee amendment in the nature of a substitute are waived. 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 TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)

1. Sensenbrenner #7:
Manager's Amendment.
Clarifies that the death penalty shall apply only where death results and covers only those offenders who qualify as principals in the killing. In addition, the amendment makes eligible tribal courts for court security grants. Also corrects drafting of coordination requirement between U.S. Marshals and Administrative Office of the U.S. Courts on security measures. (10 minutes)

2. Scott (VA) #8:
Replaces all mandatory minimum sentences with higher maximum sentences.
(10 minutes)

3. Scott (VA) #9:
Removes the death penalty for the killing of Federally funded public safety officers.
(10 minutes)

4. Cuellar #4:
Adds a category of preferential consideration for witness protection grants. The new category will add another tool for border prosecutors to encourage witnesses to testify against cross-border crimes. (10 minutes)

5. Jackson-Lee #10:
Requires the Attorney General to work, through the Office of Justice Programs, to make grants to the highest State courts in States participating in the threat assessment database.
(10 minutes)

6. Filner #1:
Adds the following grant guideline for young witness assistance, "support for young witnesses who are trying to leave a criminal gang and information to prevent initial gang recruitment." (10 minutes)

7. Weiner #11:
Ensures that courts are authorized to apply directly to the Federal government for law enforcement grants. (10 minutes)

8. King (IA) #6:
Allows any justice or judge of the United States, any judge of a court created under article I of the United States Constitution, any bankruptcy judge, any magistrate judge, any United States Attorney, and any other officer or employee of the Department of Justice whose duties include representing the U.S. in a court of law, to carry firearms subject to training and regulation as prescribed by the Attorney General. (10 minutes)

9. Flake #2:
Gives States an incentive to provide quality counsel to capital defendants during post-conviction review (also called State habeas). (10 minutes)

TEXT OF THE AMENDMENTS

 

1. Sensenbrenner #7

2. Scott (VA) #8

3. Scott (VA) #9

4. Cuellar #4

5. Jackson-Lee #10

6. Filner #1

7. Weiner #11

8. King (IA) #6

9. Flake #2