H.R. 3402 - Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, September 27, 2005.
FLOOR ACTION: ADOPTED BY THE YEAS AND NAYS BY A VOTE OF 330-89 on Wednesday, September 28, 2005.
MANAGERS: GINGREY/HASTINGS(FL)
109th Congress
1st Session

 

H. RES. 462
[Report No. 109-236]

H.R. 3402 - Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009

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. Waives all points of order against the amendment in the nature of a substitute recommended by the Committee on the Judiciary.

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

7. Provides that the amendments printed in the report may be considered 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.

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. 3402) to authorize appropriations for the Department of Justice for fiscal years 2006 through 2009, 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 MADE IN ORDER

(summaries derived from information provided by sponsors)

 

1. . Sensenbrenner #25
Makes various technical changes to the bill requested by various members and the Department of Justice. It also includes a few miscellaneous fixes for grant programs to ensure Secure our Schools is preserved as a stand alone program and ensures that Native American Tribes are eligible for DOJ grants including the new Justice Assistance Grants programs and the Weed and Seed program grants.

The manager’s amendment corrects a constitutional problem in the bill by making it clear that grant applicants should stress in their applications how they will try to meet the needs of populations that are currently underserved by existing Violence Against Women programs. The bill unintentionally would have allowed certain grant awards based solely on a grantee’s ability to address the needs of racial and ethnic minorities.

The Department of Justice and others raised the question of whether such a requirement violated the constitutional prohibition against conditioning federal funding solely on the basis of race. To correct the problem, the Manager’s Amendment clarifies that such funding should be based on the applicant’s ability to address the needs of “populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age) and any other population determined to be underserved by the Attorney General. This alleviates the constitutional concern, and effectuates the intent of the committee when drafting the bill.

The manager’s amendment reauthorizes the Secure our Schools grant program and authorizes a program for training prosecutors for child abuse cases. Additionally, the manager’s amendment also includes an amendment in the wake of Hurricanes Katrina and Rita which encourages cooperation between federal, state and local courts and communities to ensure that state and local courts will be able to continue to operate using available federal facilities. (10 minutes)

2. Cuellar #40
Authorizes appropriations for the newly-structured Border Violence Task Force in Laredo, Texas. Authorizes appropriations of $10 million per year for the duration of the bill to provide for equipment, personnel, administrative, and technological costs. Allows the Attorney General to designate the lead on the Border Violence Task Force that is currently being lead by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
(10 minutes)

3. Cuellar #39
Authorizes the FBI National Gang Intelligence Center. Adds $10 million in authorization for the Center for each fiscal year of the bill, mirroring the $10 million appropriation given in FY 2005. (10 minutes)

4. Poe #5
Establishes a fixed annual allocation for State victim assistance grants and OVC discretionary grants equal to the average amount allocated over the previous three years plus 5 percent. This means the VOCA funding that covers direct services to victims does not get trumped by VOCA funding that covers federal bureaucracy. (10 minutes)

5. Capuano #38
Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to make grants to State and local prosecutors and law enforcement agencies in support of juvenile (17 years of age or younger) and young adult (between 18 and 21 years of age) witness assistance programs. Authorizes grant funds to be used, among other things, for: (1) counseling services to young witnesses of a violent crime; and (2) protective services for young witnesses and their families when a serious threat of harm is made from perpetrators or their associates. Authorizes $3 million for each of fiscal years 2006 through 2009. (10 minutes)

6. Kennedy (MN) #19
Provides a requirement that treatment under the Residential Substance Abuse Treatment (RSAT) program be available to those individuals who have passed a regularly administered drug-screening test for three months. The Amendment also provides that aftercare be provided to prisoners enrolled in the RSAT program as a component of comprehensive substance abuse treatment. (10 minutes)

7. Brown-Waite #37
Requires the Secretary of Health and Human Services to report to Congress on the correlation between a perpetrator's drug and alcohol abuse and the reported incidence of violence at domestic violence shelters. (10 minutes)

8. Slaughter #3
Requires the Office of Victims of Crime working with national, state, and local authorities and in collaboration with other federal agencies to develop and implement a plan that allows law enforcement officials to gather evidence of a crime during times of emergency even if the crime occurred outside of their jurisdiction. Furthermore, it requires OVC to coordinate, inform, and educate victims, service providers, and law enforcement officials of the process and mechanisms available for reporting violent crimes and gathering evidence during emergencies. (10 minutes)

9. Kolbe/Dreier/Lewis #1
Amendment would reauthorize the State Criminal Alien Assistance Program (SCAAP) through FY2011 and would increase authorized funding to $750 million for FY06, $850 million for FY07, and $950 million for FY08-11. Amendment also specifies that funds "may be used only for correctional purposes." Amendment also requires the Department of Justice Inspector General submit a report on the state and local governments that receive SCAAP funding and whether they are cooperating with efforts to deport criminal aliens, whether they have policies in violation of current law, and in the case of illegal aliens released without being referred to the Department of Homeland Security, the number of subsequent offense committed and how many of these aliens were released because the state or local governments lack space or funds to detain them. (10 minutes)

10. King (IA) #47
Prohibits a person convicted of domestic violence from sponsoring a visa applicant in the future. (10 minutes)

11. Ryan (OH) #46
Provides additional federal funding for programs that have received grants by the Department of Justice (Office of Violence Against Women) for providing counseling and shelter for women and children in crisis pregnancies. (10 minutes)

12. Slaughter #2
Expands the current federal criminal ban on fake police badges and the misuse of authentic badges to include the uniforms, identification, and all other insignia of all public officials. The use of such badges, uniforms, and insignia would be permitted for dramatic, decorative, display, and recreational purposes. (10 minutes)

 

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

 

TEXT OF THE AMENDMENTS(.pdf)

 

1. Sensenbrenner #25

2. Cuellar #40

3. Cuellar #39

4. Poe #5

5. Capuano #38

6. Kennedy (MN) #19

7. Brown-Waite #37

8. Slaughter #3

9. Kolbe/Dreier/Lewis #1

10. King (IA) #47

11. Ryan (OH) #46

12. Slaughter #2