Mr. Speaker, I yield myself such time as I may consume. Mr. Chairman, I rise in strong support of H.R. 3402, the Department of Justice Appropriations Authorization Act for Fiscal Years 2006 through…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Chairman, I rise in strong support of H.R. 3402, the Department of Justice Appropriations Authorization Act for Fiscal Years 2006 through 2009. The authorization of executive agencies fulfills Congress' fundamental constitutional obligation to maintain an active and continuing role in organizing the priorities and overseeing the operation of the executive branch. With an annual budget of over $20 billion and 100,000 employees, the Department of Justice is one of the most important agencies of the Federal Government and the world's premier law enforcement organization. Like other legislation reauthorizing the Department of Justice approved by the House in both the 107th and 108th Congresses, I am proud that this bill is the product of extensive bipartisan deliberation.
In addition to serving as a broad statement by the House of Representatives regarding the priorities of the DOJ over the next several years, this bill addresses the administration of grant programs by the Office of Justice Programs and the Office on Violence Against Women.
By providing grants to State and local governments to focus on current crime issues affecting cities and towns across the country, these grant programs can serve an important role in the fight against crime in America. However, given the finite Federal resources available, it is the responsibility of this body, both through the authorizing process and continuous oversight, to review and evaluate these programs to ensure that the taxpayers' money is used effectively.
This legislation contains a number of important provisions that will strengthen congressional oversight of the Department's law enforcement activities and financial management. Among the new provisions included are: The creation of an office of audit, assessment and management within OJP to monitor grants; a privacy officer to protect personally identifiable information; a directive to the Assistant Attorney General of the Office of Justice Programs to establish a single financial management system and a single procurement system.
In addition to the important oversight tools provided in the bill, there are a number of commonsense provisions designed to improve the administration of programs within the department. H.R. 3402 eliminates duplication by consolidating the Local Law Enforcement Block Grant program and the Byrne grant program into one program with the same purposes and simplified administration. The bill also preserves the COPS program, but modifies it to allow grantees greater flexibility to seek grants for a number of purposes, including but not limited to hiring.
Other provisions contained in this legislation authorize programs to combat domestic violence, dating violence, sexual assault and stalking. Titles 4 through 10 of the bill focus on reauthorizing, expanding and improving programs that were established in the Violence Against Women Act of 1994, or VAWA, and reauthorized in 2000. The bill reauthorizes some important core programs, such as ``STOP'' grants and grants to reduce campus violence. These programs have been successful in combating family and domestic violence.
The reauthorization of VAWA will continue the tradition of changing attitudes towards domestic violence, and will expand its focus to change attitude toward other violent crimes, including dating violence, sexual assault and stalking. Because these crimes affect both men and women, it is important to note that this legislation specifies that programs addressing these programs should serve both male and female victims.
Furthermore, the legislation specifies that the same rules apply to these funds as to other Federal grant programs. The funds devoted to these programs are not to be used for political activities or lobbying. This money is and always was intended to be used to provide services to victims and to train personnel who deal with these violent crimes. The Department of Justice is expected to enforce that provision for all its grants and to monitor grant activities to ensure compliance not only with this condition but all conditions of the grants.
Mr. Chairman, prior to the enactment of the ``21st Century Department of Justice Authorization of Appropriations Act'' in 2002, Congress had not formally authorized the operations of the Department of Justice in nearly a quarter of a century.
During floor consideration of that legislation, I expressed my desire that its passage would lead to a regular authorization process that permits Congress to more rigorously oversee the organization, structure, and priorities of DOJ. While the House unanimously passed legislation reauthorizing the Department last Congress, the legislation was not taken up by the other body.
H.R. 3402 contains important bipartisan provisions to ensure that the Department of Justice is better equipped to promote the purposes for which it was established. The legislation also reauthorizes critical programs necessary to help protect the safety and security of Americans while enabling Congress to properly exercise the vigorous oversight that the Constitution requires. I urge my colleagues to support this important and bipartisan legislation.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I regret to hear what the gentleman from Michigan (Mr. Conyers) has just said. Let me reassure the gentleman that the language to have grants go to underserved racial and ethnic populations is still in the manager's amendment. The reason the language had to be changed was to avoid a potential court challenge because language in grant programs have strict scrutiny by the courts.
Let me just quote what is contained on page 8 in the manager's amendment which provides an amendment to lines 1 and 2 of page 126 of the bill. The new language says, ``Populations underserved because of geographic locations, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alien age status, or age) and any other population determined to be underserved by the Attorney General.'' This new language, which is proposed in the manager's amendment I believe will do what the gentleman from Michigan wishes to accomplish, and that is to make sure that underserved racial and ethnic populations are on the radar screen when the attorney general makes up his mind on who will be able to get grants to provide services to deal with this subject.
What it does do is it prevents this money from being tied up in a court challenge that will probably last through most of the life of this authorization bill, which is through September 30, 2009, or just a few days more than 4 years from now.
I would encourage the gentleman from Michigan to be sensitive to the fact that the language in the original bill would have been subject to a court challenge, and in the manager's amendment we attempt to get rid of that.
Mr. Chairman, I yield such time as he may consume to the gentleman from Nevada (Mr. Porter).
Mr. Chairman, will the gentleman yield?
Mr. Chairman, the gentleman is correct.
Mr. Chairman, if the gentleman will continue to yield, I would agree and would work with the gentleman from Nevada to address this problem as the bill moves to conference.
Mr. Chairman, I yield 4 minutes to the gentleman from Wisconsin (Mr. Green).
Mr. Chairman, I yield 2 minutes to the gentlewoman from Illinois (Mrs. Biggert).
Mr. Chairman, it is my intention to have the GAO do a study on this issue. I am hopeful that we will be able to speed it up so that we can get it in a timely manner.
Mr. Chairman, I yield myself 30 seconds.
Mr. Chairman, I wish there were time to have committee consideration of this. However, there are certain legislature provisions in the Violence against Women Act that expire on September 30, and, if we keep on talking and talking and talking, you are going to see a good part of the VAWA end up disappearing. That is why we have to deal with this issue today.
I would urge adoption of the manager's amendment to remove the cloud of the constitutional challenge over the money that is to be sent to underserved racial and ethnic minorities.
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I deeply regret a minor change that was made to ensure that the money for underserved communities is not tied up in litigation is being turned into a partisan issue. There is no malevolent thought on the part of the majority to do so.
Now, let me say that the language in the base bill presumes that racial and ethnic minorities are underserved. That was the presumption for which there are no congressional findings. And because grant language is construed with strict scrutiny by the courts, setting up a preference based on racial and ethnic minorities is going to end up at minimum tying up the money that the people on the other side of the aisle who are complaining about the manager's amendment want to get into society to help solve these problems.
Now, the manager's amendment ensures that attention is paid to whatever community is underserved, not simply assuming that a community is underserved, even though there is no evidence on the table to back up that assumption.
Now, the manager's amendment uses the words ``underserved racial and ethnic populations,'' together with other types of underserved populations. So the words ``underserved,'' ``racial,'' and ``ethnic populations'' is contained in the manager's amendment. I think this is a small price to pay to prevent the money that is to be sent out in grants under this section of the Violence Against Women Act to be tied up for weeks and months and years.
Mr. Chairman, the time has come to recognize that there is a legal problem in this, rather than making political points.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I move that the Committee do now rise.