Departments Of Commerce, Justice, And State, The Judiciary, And Related Agencies Appropriations Act, 2005
Mr. Chairman, I rise in support of the overall bill before us today. Chairman Wolf and Ranking Member Serrano have joined together in a bipartisan fashion to present a bill that adequately reflects the funding priorities for our Nation in…
Mr. Chairman, I rise in support of the overall bill before us today. Chairman Wolf and Ranking Member Serrano have joined together in a bipartisan fashion to present a bill that adequately reflects the funding priorities for our Nation in the area of Commerce, Justice, State, Judiciary and related agencies.
I am especially pleased that money was added to the bill to confront the growing problem with gang activity that jurisdictions throughout the country are facing. In my congressional district and in the northern Virginia region, we are dealing with a growing gang problem that if left unchecked, will expand significantly in a very short time. The additional resources in this bill will help enable our law enforcement officials to acquire the necessary tools to tackle this problem before it grows out of hand. Efforts to increase law enforcement capabilities and strengthen community prevention programs are required to meet the rising gang threat head on.
While I am generally supportive of the funding levels provided in the bill, there are also a number of issues that should be addressed in this bill and others that should be deleted.
An area in which this bill needs amending concerns the USA PATRIOT Act. Communities throughout the country including Arlington County and the city of Alexandria in my district, have recently expressed serious objections with a number of provisions included in the USA PATRIOT Act passed in October 2001.
I share the concerns of my constituency and feel that these issues did not receive the appropriate public debate needed on such sensitive subjects as the protection of our civil liberties. In my opinion, the Attorney General's interpretation of definitions in the PATRIOT Act have eroded our basic civil rights and threaten to further damage the public's image of the Justice Department and Federal law enforcement in general. For these reasons and others, I am supporting amendments to the bill which would stop funding for certain Justice Department activities related to section 213 and section 215 of the PATRIOT Act.
Section 213, also known as the ``sneak and peek'' provision, authorizes the issuance of delayed notification search warrants for physical evidence through a court order from the secret Foreign Intelligence Surveillance Court Act (FISA). These delayed notification warrants allow federal law enforcement to conduct a secret search and seizure of physical evidence without alerting the target until an unspecified time after the search is completed. The amendment introduced by Representative Otter seeks to impose reasonable limits on the government's ability to obtain sneak and peek warrants. It would continue to allow the authorization of a court issued delayed warrant if the life or physical safety of an individual were endangered, if it would result in a flight from prosecution or if it would result in the destruction or tampering of the evidence sought under the warrant. This amendment would also require notification of a covert search within seven days, rather than an undetermined ``reasonable period'' currently in law. Unlimited, additional seven day delays at the court's discretion will be available under the Otter amendment and the same provisions subjected to the original warrant apply for each extension.
A second amendment that would curtail one of the more troubling provisions in the USA PATRIOT Act concerns section 215. Section 215 has the effect of requiring public libraries and booksellers to submit themselves to secret searches of purchase and checkout records with minimal justification from the FISA Court. Librarians and booksellers across the country fear that this is causing a ``chilling effect'' and making users self-censor their reading choices.
While the Attorney General has released figures on how the PATRIOT Act has been used in the past 2 years which state that this provision has yet to be employed, the fact remains that the law raises questions of future federal mis-use of this provision. The Sanders-Paul-Conyers- Nadler Freedom to Read amendment would restore and protect the privacy and first amendment rights of library and bookstore patrons which were in place before the USA PATRIOT Act. The amendment would not stop law enforcement from accessing these records, it would simply require them to do it with regular court-ordered search warrants or grand jury subpoenas.
While the PATRIOT Act remains an area the underlying bill does not reform, another subject which was confronted in full committee and that passed is equally troubling. I opposed in full committee, an amendment offered by Representative Tiahrt which would prevent the city of New York from having access to federal gun tracing data in a lawsuit against gun manufacturers. Not only did this appropriations rider set a troubling precedent in that it was directed specifically to affect an ongoing court case, it also hampers future lawsuits that could be aided by this data. I am strongly opposed to the inclusion of this language in the bill. We need to be at a minimum maintaining our current common sense gun control measures, not weakening existing laws.
Mr. Chairman, in conclusion, while not everything I would have liked to have seen is in this bill, it is a good balance of the priorities our law enforcement, small businesses and other related agencies require. I am supportive of this measure and look forward to a continued debate of the issues not addressed in the bill.
Mr. NUSSLE. Mr. Chairman, I rise to speak on H.R. 4754, the Commerce, Justice, and State, the Judiciary, and related agencies Appropriations bill for fiscal year 2005.
H.R. 4754 provides $39.8 billion in budget authority and $40.4 billion in outlays--an increase of $878 million in BA and $1.7 billion in outlays from fiscal year 2004. Budget authority in the bill is $240 million above the President's fiscal year 2005 budget request.
H.R. 4754 contains $983 million in BA savings, including $902 million in BA and $341 million in outlays from mandatory spending changes; and $81 million in rescissions of previously enacted BA.
As chairman of the House Budget Committee, I am pleased to report that the bill is consistent with the conference report on the concurrent resolution on the Budget for fiscal year 2005 (H. Con. Res. 95) which passed the full House but has yet to pass the Senate. The bill comes in at its 302(b) allocation of the Subcommittee on Commerce, Justice, and State, the Judiciary, and related agencies and therefore complies with section 302(f) of the budget resolution, which limits appropriations measures to the allocation of the reporting subcommittee. H.R. 4754 also complies in fiscal year 2005 with section 302(f) of the Congressional Budget Act. Section 302(f) prohibits consideration of bills in excess of a subcommittee's 302(b) allocation.
This bill is a clear exercise in setting priorities and responsible spending practices. I was encouraged to see that the Appropriations Committee was able to work within the budget framework that we outlined earlier in the year to find the available resources to increase funding for the Department of Justice by $275 million over the 2004 level and $624 million for the Federal Bureau of Investigation [FBI]. It is certainly appropriate to shift resources from some lower-priority programs at the Department of Commerce toward more important and higher-priority public safety and crime prevention programs at the Department of Justice.
Making those tough priority decisions isn't always easy but it can be done and needs to be done until we get our financial house back in order.
Today, I applaud the members of the Appropriations Committee for demonstrating that they can set priorities which fit within the overall framework established by the budget resolution.