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Floor Action Continues on FY2006 Appropriations Bills

This week, the House approved the Science, State, Justice, Commerce and Related Agencies spending bill and began its debate on the Department of Defense spending bill. The House Appropriations Committee approved the Labor, Health and Human Services, Education, and Related Agencies and Legislative Branch spending bills. In addition, House Appropriations subcommittees approved the Transportation, Treasury, Housing and Urban Development, the Judiciary, and the District of Columbia and Foreign Operations, Export Financing, and Related Agencies spending bills. The Senate Appropriations Committee approved the Energy and Water Development and Department of Homeland Security spending bills.

Floor Action

Science, State, Justice, Commerce and Related Agencies

On June 16, the House approved, 418-7, the FY2006 Science, State, Justice, Commerce and Related Agencies spending bill (H.R. 2862). The House Appropriations Committee approved the measure on June 7 (see The Source, 6/10/05). H.R. 2862 would allocate $57.45 billion in FY2006, $1.21 billion more than FY2005, but $3.05 billion less than the administration’s request.

During consideration of the bill, Rep. Carolyn Maloney (D-NY) offered an amendment that would have prohibited the use of funds in the bill from being used to enforce any law that blocks a U.S. contribution to the United Nations Population Fund (UNFPA). The amendment was defeated, 192-233.

Rep. Maloney explained that “for three years, the Bush administration has withheld $34 million annually from UNFPA that passed both the House and Senate. UNFPA is the only multilateral agency devoted to helping developing countries combat female genital mutilation and obstetric fistula, to helping countries advance access to family planning and quality reproductive health care, to promoting HIV/AIDS prevention, improved education and health care. These are the jobs of UNFPA. They are the world’s leader in this task.” She added, “The U.S. annual $34 million contribution could prevent 2 million unintended pregnancies, 800,000 induced abortions, 4,700 maternal deaths, and 77,000 infant deaths around the world. That is why we need UNFPA. We should not stand in their way, especially when women and girls are dying.”

Expressing his opposition to the amendment, Rep. Joseph Pitts (R-PA) stated, “The Chinese Government has a policy of killing unborn children it deems a waste of valuable space in one of the world’s largest countries. UNFPA actively and passively supports this policy of thinning the population by killing unborn children. In fact, it has gone so far as to praise China’s population control tactics. Until that changes, UNFPA should not get a dime of taxpayer money.” He added that if Congress “truly cares about human rights, we should support programs that work, programs that uphold the dignity of human life, not programs that allow a repressive, Communist government to enforce a systematic effort of abuse and repression and murder.”

Rep. Silvestre Reyes (D-TX) offered an amendment that would have expressed concern to the Government of Mexico regarding the abductions and murders of more than 370 young women since 1993 in the Mexican cities of Ciudad Juarez and Chihuahua; and would have supported efforts to identify unknown victims through forensic analysis, including DNA testing, conducted by independent, impartial experts who are sensitive to the special needs and concerns of the victims’ families. Because the amendment would change current law, it is considered legislating on an appropriations bill, which is against House rules. A point of order was raised against the amendment and the chair sustained the point of order.

Rep. Reyes explained that “this is an issue that has long been of particular concern to me and to all of my constituents in El Paso because, along with Juarez, our two cities form the largest border community in the world. Our cultures, our economies and, most importantly, our families are inseparably tied to each other in this region of the world. When they need help, especially with something as horrific as murders that have taken place there, we need to step up and provide assistance, as all good neighbors often do. This amendment would provide Mexican authorities with additional assistance necessary to solve these crimes.”

The House approved, by voice vote, an amendment by Rep. Sheila Jackson Lee (D-TX) that would provide an additional $2 million for training programs under the Violence Against Women Act, bringing the total to $6.4 million in FY2006. The increase would be offset by a $2 million decrease for state and local law enforcement assistance.

Rep. Jackson Lee said that “in a hearing in the Judiciary Committee just a week ago, a number of us presented bills trying to fight against sexual predators and those who would abuse children. We have discovered that the number one killer of children is now homicides. Even in the backdrop of this debate, we find a troubling set of circumstances in Aruba where a young 18-year-old still goes missing after celebrating her graduation and, of course, expressing great hope and aspiration for her entry as a freshman into college. The plague on children is rampant. This is a simple way of addressing the need for ensuring that we have practitioners as well as those dealing with judicial personnel, to be able to help children to recount incidences against them.”

The House also approved, by voice vote, an amendment by Rep. Scott Garrett (R-NJ) that would provide an additional $21.9 million for the Edward Byrne Justice Assistance Grants program, bringing the total to $369.9 million in FY2006. The increase would be offset by a 6 percent decrease in the U.S. contribution to the United Nations.

The House rejected the following amendments:

  • an amendment by Rep. David Obey (D-WI) that would have provided an additional $200 million for state and local law enforcement assistance by cutting an equal amount from NASA’s exploration program, 196-230;
  • an amendment by Rep. Lee Terry (R-NE) that would have provided an additional $286 million for the Edward Byrne Justice Assistance Grants program by making an across-the-board cut in discretionary spending of 0.448 percent, 175-252;
  • an amendment by Rep. Cliff Stearns (R-FL) that would have provided an additional $10 million for justice assistance programs by cutting an equal amount from the Legal Services Corporation, 112-316;
  • an amendment by Rep. J.D. Hayworth (R-AZ) that would have reduced the U.S. contribution to the United Nations by 50 percent, bringing the total to $218 million in FY2006, 124-304;
  • an amendment by Rep. Stephanie Tubbs Jones (D-OH) that would have prohibited the use of funds in the bill from being used to close or consolidate any offices of the Equal Employment Opportunity Commission, 201-222; and
  • an amendment by Rep. Ron Paul (R-TX) that would have prohibited the use of funds in the bill from being used for any U.S. contribution to the United Nations or its affiliated agencies, 65-357.

 

In addition, Rep. Obey offered an amendment that would have provided an additional $410 million for local law enforcement grants, including the Edward Byrne Justice Assistance Grants program. The increase would have been offset by a 1.466 percent tax cut reduction for individuals with annual incomes over $1 million. A point of order was raised against the amendment and the Chair sustained the point of order.

The State Department

Under the bill, the State Department would be funded at $9.5 billion in FY2006, a $1.1 billion decrease below FY2005 and $273 million less than the administration’s request.

According to the House Appropriations Committee report accompanying H.R. 2862, “The Committee continues to be concerned about the serious problem of international trafficking in persons. The Committee recommendation continues funding for the Office to Monitor and Combat Trafficking in Persons. The Committee supports the efforts of the Office to further strengthen the annual reporting process and those of the Department-led Senior Policy Operating Group to coordinate interagency activities to implement the Trafficking Victims [Protection] Act of 2000.”

With regard to U.S. participation in the United Nations, the report states that the committee “notes the importance of the U.N. in promoting health, providing humanitarian assistance, fostering conflict resolution, and providing an international forum for world issues. However, the Committee is appalled by recent developments in a number of areas…The Committee urges the U.N. to do more to resolve the conflicts and humanitarian crises in Sudan where war has ravaged the country for decades at the cost of millions of lives. Finally, the United Nations’ leadership and legitimacy are tarnished by continued failure to bring to justice those individuals involved in improper and illegal activities of individuals financed by the United Nations, such as U.N. peacekeepers and civilian personnel alleged to have been involved in sexual abuse of minors.”

Voicing its support for the United Nations Education, Science and Cultural Organization (UNESCO), the committee “notes, with approval, UNESCO’s efforts to provide ‘education for all.’ The goal of this program is to eradicate global illiteracy in the next 15 years. The Committee supports the efforts of UNESCO, which mirror U.S. efforts to educate women, expand awareness of public health issues, and fight poverty through education.”

The report notes that the committee “is aware of recent disturbing reports from the Democratic Republic of the Congo, as well as allegations of sex abuse of minors by U.N. peacekeepers and civilian personnel in other missions. Reform in the planning and conduct of peacekeeping missions is paramount. The atrocious misconduct of U.N. peacekeepers demands a clear and definitive response by the international community, especially the United States. The Committee strongly urges the Administration, including the State Department, to pursue the recommendations contained in the Prince Zeid report, including personal accountability, and improvements in the systems of justice in troop contributing countries as a means to restore confidence in peacekeeping missions. Further, the Committee directs the U.S. to work to ensure adequate training is provided to peacekeeping personnel prior to deployment.”

In addition, the report includes new language that would require “additional notification that the United Nations has taken appropriate measures to prevent United Nations’ employees, contractor personnel, and peacekeeping forces serving in any United Nations peacekeeping mission from trafficking in persons, exploiting victims of trafficking, or committing acts of illegal sexual exploitation and to hold accountable any such individuals who engage in any such acts while participating in the peacekeeping mission.”

Department of Justice

Under the bill, the Department of Justice would receive $21.4 billion in FY2006, a $1.1 billion increase over FY2005 and $790 million more than the administration’s request.

According to the report, “the Committee is concerned with excessive delay in the issuance of regulations governing the recognition of asylum claims from women fleeing honor killings, trafficking, sexual slavery and domestic violence. The lack of a resolution on this issue is causing hardship and suffering for women whose cases remain in legal limbo. The Committee expects the Departments of Justice and Homeland Security to issue regulations to govern gender-based asylum claims.”

As requested by the administration, H.R. 2862 would provide $110.44 million in FY2006 for the Department of Justice’s Civil Rights Division. This amount is $2.75 million above the FY2005 level. The report states that the committee’s recommendation “fully funds the Civil Rights Division’s efforts to combat human trafficking, and the Committee expects the Department to continue submitting yearly updates regarding efforts to address human trafficking.”

Bureau of Prisons (BOP): According to the report, “The Committee is troubled by a recent Inspector General report on sexual abuse in the BOP. The Committee directs the BOP to continue taking steps to address this problem. Sexual abuse of inmates should not be tolerated, and the Director of the BOP should make a top priority the elimination of this behavior.”

Office on Violence Against Women
Programs under the Violence Against Women Act (VAWA) would receive $389.5 million in FY2006, $5.4 million more than FY2005 and $24.5 million more than the administration’s request. The report states that “funding included under this heading will continue to provide resources to expand units of law enforcement officers and prosecutors specifically targeted at crimes against women, to develop and implement effective arrest and prosecution policies to prevent, identify and respond to violent crimes against women, and to provide much needed victim services including specialized domestic violence court advocates to obtain protection orders.” VAWA programs would receive the following:

  • $187.3 million for grants to combat violence against women, including $5 million for the National Institute of Justice, $10 million for the Safe Start Program, and $15 million for transitional housing assistance;
  • $39.7 million for rural domestic violence assistance grants;
  • $9.2 million to reduce violent crimes against women on college campuses;
  • $39.7 million for civil legal assistance for victims;
  • $4.6 million for enhancing protection for older and disabled women from domestic violence and sexual assault;
  • $14.1 million for the Safe Haven Project;
  • $7.3 million for education and training to end violence against, and abuse of, women with disabilities;
  • $11.9 million for court appointed special advocates;
  • $1.93 million to train judicial personnel;
  • $983,000 for televised testimony;
  • $4.4 million for training programs; and
  • $3 million for a stalking database.

 

Justice Assistance
In FY2006, the National Institute of Justice (NIJ) would receive $56 million, a $1.7 million increase over FY2005, but $27.7 million below the administration’s request. According to the report, “NIJ is the Nation’s primary source of research and development in the field of criminal justice. NIJ fosters innovation in law enforcement technologies and practices, investigates causes and patterns of crime, and informs the public of research and development findings. The Committee encourages NIJ to work with Federal law enforcement agencies in the development of law enforcement technologies to ensure coordination of research and development efforts.”

The bill would provide $48 million for the Missing Children Program in FY2006, $1.73 million more than FY2005 and $9.2 million above the budget request. The total would include $24 million for the National Center for Missing and Exploited Children (NCMEC), $14.5 million for the Internet Crimes Against Children Task Force, and $5 million for the AMBER Alert program.

The report notes that the committee “is concerned about the perpetration of crimes against children via the Internet and is troubled by the failure of many Internet Service Providers (ISPs) to report at all, and the failure of some ISPs to report in a meaningful and useful way, about the apparent child pornography violations appearing in their servers…According to NCMEC, which is statutorily mandated to receive such reports and forward them to law enforcement, the reports often lack the content and clarity sufficient to form viable leads for law enforcement, or providers delete the underlying evidence from their servers before law enforcement has an opportunity to pursue an investigation. The Committee encourages the Department to consider whether clearer guidance to providers is required to remedy the problem.”

State and Local Law Enforcement Assistance
The Edward Byrne Justice Assistance Grants program would receive $369.9 million in FY2006, $264.1 million less than FY2005. Under the administration’s budget request, this program would not have been funded.

H.R. 2862 would provide $85 million for the Boys and Girls Clubs, a $1.1 million increase over FY2005 and $15 million more than the administration’s request.

Under the bill, $40 million would be provided to implement the Prison Rape Elimination Act of 2003 (P.L. 108-79). The amount is $3.49 million above FY2005 and $29.8 more than the amount requested by President Bush.

The report states that the committee “is disappointed that the Administration’s request for this program significantly reduces funding for the program and believes this action demonstrates a lack of commitment in fully implementing the Prison Rape Elimination Act,” adding, “The Committee understands that experts have conservatively estimated that at least 13 percent of the inmates in the United States have been sexually assaulted in prison and that many inmates have suffered repeated assaults. Under this estimate, nearly 200,000 inmates now incarcerated have been, or will be, the victims of prison rape. The total number of inmates who have been sexually assaulted in the past twenty years likely exceeds [1 million]. The Committee understands that prison rape contributes to the spread of sexually-transmitted diseases, such as HIV and AIDS. The Committee also recognizes that mentally ill and juvenile inmates are particularly vulnerable to sexual victimization. The Committee further understands that most prison staff are not adequately trained or prepared to prevent, report, or treat inmate sexual assaults, and that prison rape often goes unreported. The Committee is deeply troubled by these statistics and hopes the Administration will fully support this program in future budget requests.”

The measure would provide $10 million in FY2006 for a program to provide assistance to victims of trafficking, $134,000 more than FY2005. President Bush did not request funding for the program. The report states that “once again, the Committee is disappointed that the Administration continues to propose the elimination of this program. According to the Central Intelligence Agency, between 18,000 and 20,000 people are trafficked into the United States annually. The Committee believes the Administration must continue to work to address these crimes and must provide sufficient resources to address the needs of the victims of this horrific crime.”

H.R. 2682 would provide $177.1 million in FY2006 for a DNA and forensics initiative, $68.5 million less than FY2005 and equal to the administration’s request. According to the report, “The Committee recognizes that DNA technology will allow law enforcement to identify certain criminals quickly and accurately, solve additional crimes, especially violent crimes such as murder and rape, and identify persons mistakenly accused or convicted of crimes. Funds are available for the following activities: 1) reduce the backlog of DNA samples; 2) increase state and local lab capacity; 3) conduct research, development, demonstrations, and evaluations; 4) provide training and technical assistance; 5) identify missing persons and unidentified remains; and 6) test DNA after convictions.”

Juvenile Justice Programs: Under the bill, $333.7 million would be allocated for juvenile justice programs in FY2006, a $45.3 million decrease below FY2005 and $101.5 million more than the budget request. The total would include $15 million for the Victims of Child Abuse Act, $200,000 more than FY2005 and $3.23 million above the administration’s request. Of that amount, $3 million would be provided for regional Child Advocacy Centers.

Independent Agencies

The Legal Services Corporation would be level-funded at $331 million, $12.7 million more than the administration’s request.

The bill would provide $590 million for the Small Business Administration, $20 million less than FY2005 and $3 million below the administration’s request. Of that amount, $12.5 million would be provided for women’s business centers, $500,000 above the FY2005 level. In addition, the National Women’s Business Council would be level-funded at $750,000.

As requested by the administration, H.R. 2862 would include $9.1 million for the Commission on Civil Rights in FY2006. This amount is $121,000 above the FY2005 level.

The Equal Employment Opportunity Commission would receive $331.23 million in FY2006, a $4.43 million increase over FY2005 and equal to the budget request.

Finally, the measure would allocate $5.64 billion for the National Science Foundation, a $171 million increase over FY2005 and $38 million more than the administration’s request. The total would include $60 million for Math and Science Partnerships, $19 million less than FY2005 as requested by President Bush.

Department of Defense

On June 16, the House began its debate on the FY2006 Department of Defense spending bill (H.R. 2863). The House Appropriations Committee approved the measure on June 7 (see The Source, 6/10/05).

H.R. 2863 would allocate $408 billion for the Department of Defense in FY2006, a $55.6 billion increase over FY2005 and $41.3 billion more than the administration’s request. Of that amount, $45 billion would be included to cover the projected costs of continuing operations in Iraq and Afghanistan.

The bill also would provide $20 million for the Family Advocacy Program, $3 million more than FY2005.

Although most funding for the Defense Health Program is now provided in the annual Military Quality of Life and Veterans Affairs spending bill, H.R. 2863 would include $17 million for military HIV/AIDS research. This amount is $2.86 million above FY2005 and $10 million more than the budget request.

The House is expected to complete its consideration of H.R. 2863 next week.

Committee Action

Labor, Health and Human Services, Education, and Related Agencies

On June 16, the House Appropriations Committee approved, by voice vote, the FY2006 Labor, Health and Human Services, Education, and Related Agencies spending bill (as-yet-unnumbered). A House Appropriations subcommittee approved the measure on June 9 (see The Source, 6/10/05).

The measure would provide $142.5 billion in FY2006, a $164.1 million decrease below FY2005 and $923.78 million more than the administration’s request.

During consideration of the bill, Rep. Dave Weldon (R-FL) offered an amendment that would have prohibited the National Institutes of Health from providing grants to any state or local government or university that conducts research on human embryonic stem cells for reproductive or therapeutic purposes. The amendment was defeated, 29-36.

Information on additional amendments was not available as of press time.

The House will consider the bill next week.

Subcommittee Action

Transportation, Treasury, Housing and Urban Development, the Judiciary, and the District of Columbia

On June 15, the House Appropriations Subcommittee on Transportation, Treasury, Housing and Urban Development, the Judiciary, and the District of Columbia approved, by voice vote, its FY2006 spending bill (as-yet-unnumbered).

The measure would allocate $66.94 billion in FY2006, a $3.76 billion increase over FY2005 and $6.23 billion more than the administration’s request.

Department of Transportation

The bill includes funding for job access and reverse commute grants, which are used to aid welfare-to-work recipients who live in “urbanized areas with populations greater than 200,000” and have transportation costs associated with their jobs. In addition, the measure provides funding for the Minority Business Resource Center, funding for minority business outreach, and funding for the Occupant Protection Incentive Grants. More details will be made available after full committee consideration.

Department of Housing and Urban Development

Under the bill, $1.34 billion would be provided for homeless programs, $100 million more than FY2005, but $60 million less than the budget request.

In FY2006, the Housing Opportunities for Persons with AIDS program would receive $285 million. This amount is $3 million above FY2005 and $17 million more than the amount requested by President Bush.

The measure would include $15.53 billion for Section 8 voucher renewals, $765 million more than FY2005, but $314 million below the administration’s request.

District of Columbia

The bill would allocate $604 million for the District of Columbia in FY2006, a $48 million increase over FY2005 and $30.6 million more than the budget request.

As requested by the administration, the measure would provide $221.7 million in FY2006 for the operation of the D.C. Courts, $32.5 million more than the FY2005 level. The total would include funding for the Family Court, which handles all cases in the District pertaining to child abuse and neglect, domestic violence, adoption, and foster care.

In FY2006, $41.6 million would be included for D.C. schools. This amount is $1.9 million more than FY2005 and equal to the administration’s request.

Included in the bill is a provision that would maintain current law prohibiting the use of federal funds to implement a D.C. law that permits municipal employees to purchase health insurance benefits for their domestic partners, regardless of gender or marital status.

The bill also would maintain current law with respect to the prohibition on the use of local and federal funds for abortion coverage for low-income women on Medicaid. Exceptions for abortion coverage would be made in cases of rape, incest, or life endangerment.

In addition, the measure would maintain current law prohibiting the use of local and federal funds for a needle exchange program.

Office of National Drug Control Policy

The bill would provide level funding of $120 million in FY2006 for the National Youth Anti-Drug Media Campaign.

Finally, the measure would maintain current law requiring health plans participating in the Federal Employees Health Benefits Program (FEHBP) to cover prescription contraceptives if they cover other prescription drugs. Physicians and others who provide contraceptives are exempted from the requirement if they object based on religious beliefs. Religiously affiliated health plans also are exempt. Additionally, the measure would prohibit abortion coverage under FEHBP, except when the life of the mother is endangered or in the case of rape or incest.

Foreign Operations, Export Financing, and Related Agencies

On June 16, the House Appropriations Subcommittee on Foreign Operations, Export Financing, and Related Agencies approved, by voice vote, its FY2006 spending bill (as-yet-unnumbered).

The measure would allocate $20.27 billion in FY2006, a $730 million increase over FY2005, but $2.55 billion less than the administration’s request.

While all of the funding levels for programs of particular interest to women and their families were not available at press time, the following are highlights from the bill:

The measure would provide $2.7 billion in FY2006 for HIV/AIDS prevention activities, $502 million more than FY2005 and $131 million above the budget request. The total would include $400 million for the Global Fund to Fight AIDS, Tuberculosis, and Malaria, $62.2 million above FY2005 and $200 million more than the amount requested by President Bush.

Under the bill, $432 million would be included for international family planning programs in FY2006. This amount is $9 million less than FY2005 and $7 million more than the administration’s request. In FY2006, the UNFPA would receive level funding of $34 million, $9 million above the budget request. The administration has blocked the release of all UNFPA funds in fiscal years 2002 through 2004. At this time, it remains unclear as to whether the FY2005 funds will be released.

The measure would provide $1.75 billion for the Millennium Challenge Corporation, $262 million more than FY2005, but $1.25 billion below the administration’s request.

The Peace Corps would receive $325 million in FY2006, an $8 million increase over FY2005, but $20 million less than the amount requested by President Bush.

Finally, the bill would provide $69 million for the Darfur region of Sudan.

The full committee will consider the measure on June 21.

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