This week, the House approved the FY2008 Commerce, Justice, Science, and Related Agencies and the Transportation, Housing and Urban Development (HUD) spending bills. The House Appropriations Committee approved the Department of Defense spending bill. In addition, the Senate approved the Homeland Security spending bill.
The committee reports accompanying the bills include language detailing a number of programs affecting women and their families. Although report language is not binding, federal agencies give careful consideration to such language as it indicates programs or initiatives that are particularly important to appropriators.
Floor Action
On July 26, the House approved, 281-142, the FY2008 Commerce, Justice, Science, and Related Agencies spending bill (H.R. 3093), after rejecting, 209-215, a motion to recommit by Rep. Jerry Lewis (R-CA). The House Appropriations Committee approved the bill on July 12 (see The Source, 7/13/07).
The measure would allocate $53.551 billion in discretionary spending for FY2008, $3.207 billion above FY2007 and $2.312 billion more than the administration’s request.
An amendment by Rep. Shelly Moore Capito (R-WV) that would increase funding for the Office on Violence Against Women by $10 million, offset by a transfer from the National Science Foundation Agency Operations and Award Management program, was approved, 243-186.
Speaking in support of her amendment, Rep. Capito said, “Today I rise to offer an amendment to help break the cycle of violence against women, especially those living in the rural areas. We are facing an epidemic in this country. Sexual and domestic violence can happen to anyone, regardless of race, age, sexual orientation, religion, or gender…My amendment builds on the successes of the last decade and prevents more women from suffering in silence. Victims of domestic violence and sexual assault in rural and remote communities face unique obstacles in their efforts to escape abusive and dangerous relationships. The geographic isolation, economic structure, and particularly strong cultural pressures and social pressures, and lack of available resources in rural jurisdictions significantly compound the problems confronted by those seeking support and services.” She continued, “Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance grants fund cooperative efforts between law enforcement, prosecutors, and victim services. They provide treatment, counseling, and assistance to victims, and work with rural communities to develop education and prevention strategies. Last year Congress funded this program with $38.8 million. The committee’s recommended funding level for this year amounts to only a $1.2 million increase over last year’s appropriation for the Rural Domestic Violence Grants program. Meanwhile, the National Science Foundation Agency Operations and Award Management line item, which was the old salary and expense line item, stands to receive $285.59 million. This amounts to an increase of over $37 million, or 13 percent. My amendment would boost funding for the Rural Domestic Violence and Child Abuse Enforcement Assistance Grants by $10 million without costing the taxpayers additional money. I ask my colleagues to join me in support of this important amendment to help provide victims with the protection and services in the rural areas they need to pursue safe and healthy lives while simultaneously enabling communities to hold offenders accountable for their violence.”
Speaking in opposition to Rep. Capito’s amendment, Rep. Brian Baird (D-WA) said, “I have great respect for the gentlelady’s intent here. As a clinical psychologist before entering this body, I worked with victims of domestic violence and have been a strong advocate for the Violence Against Women Act and other things to support victims of domestic violence. The challenge I face here, and I think we all face, is that this is not a good offset. As chair of the Research and Education Subcommittee of the Science Committee, I have met extensively with the National Science Foundation [NSF], and I will tell you that they are already substantially overstretched in their ability to manage the numbers of grant applications and oversee the grants that are already being administered. The president himself has asked for a substantial increase in funding for the National Science Foundation. That has broad bipartisan support within this body and within the other body. If we were to cut the management funds, as this proposes, we would dramatically impair the NSF’s ability to manage that increase; indeed, to manage their current workload. I have met with the people managing the grant process at the NSF. I have met with the applicants, and we have spent extensive time on this in our subcommittee. While I support the intent of trying to provide more funding for violence against women, this is not the way to do it.”
The House approved, 412-18, an amendment by Reps. Jay Inslee (D-WA) and Dan Burton (R-IN) that would provide $14 million for grants for the Office on Violence Against Women to assist, advocate for, and provide services to children and youth exposed to violence; fund the national tribal sex offender registry; and fund research relating to violence against Indian women, offset by reducing funds for Department of Justice salaries and expenses.
“First of all, I want to thank Mr. Inslee for introducing this amendment,” said Rep. Burton. He continued, “I’m very proud to cosponsor it with you. It’s very needed, and the reason I know it’s very needed is because the things you talked about I experienced as a boy…I can remember when we went to police headquarters with my mother after we’d been beaten and my father had beaten my mother, and the police sergeant said, ‘If you don’t get these kids home, I’m going to have you arrested for child abuse.’ That’s the way it was in those days. There was no place for a woman to hide, and the children had to experience this. At four o’clock in the morning, when you hear your mother being beaten and you come down the stairs and your hair is standing straight up on the back of your head and your father turns and says to you, ‘If you don’t get back up the stairs, you’re going to get some of this,’ kids should not have to endure that…And the women who are treated like that should never have to endure that as well…We really need to find a way to get these women and kids into shelters and away from these abusive parents, fathers and sometimes mothers, and we need to help the women who are abused. As [Rep. Inslee] just said, in the Native American community, there are women who are being raped and beaten, and there’s really no place for them to turn. There’s no registry so we can track these guys. That’s a horrible thing to have to experience. So I just want to say to my colleagues…that between 3.3 million and 10 million children witness domestic violence every year. Can you imagine, up to 10 million kids that witness domestic violence in the home and elsewhere every single year? That’s unforgivable. And at one time, in one day, one 24-hour period, there were 18,000 children in the United States that received services and support because they were experiencing domestic violence, in one day. That’s something, in my opinion, that’s inexcusable. This is a very, very important piece of legislation. I would urge all of my colleagues to vote for this.”
Rep. Alan Mollohan (D-WV) stated, “Mr. Chairman, I rise in opposition to the amendment, and first of all, I want to acknowledge the compelling story of the gentleman from Indiana. That’s truly moving. There’s no two ways about it, and that’s why we have this program, and that’s why the subcommittee and the full committee strongly supported funding for VAWA and all of these grant programs, acknowledging at the same time that there are additional grant programs authorized under VAWA that have not received funding…But let me suggest to the body that we would love to increase funding for programs like this, the Violence Against Women Act Programs…We funded, at $430 million, VAWA programs, a $60 million increase over the president’s request, and $47 million over the 2007 funding level. That is a sizeable increase to this very worthy program, not that there couldn’t be more. So I can’t argue for one second to either of my colleagues against adding funding to VAWA. The real point is that we have significantly increased that funding because we share the concerns of the gentlemen who have spoken here, and I hope that we can all understand and agree with that. We are again targeting offsets in a general administration account. A $14 million cut to the Department of Justice general administration account will require layoffs…At some point, everybody has to appreciate that there has to be some money in these administrative accounts to administer these programs that we all care about, and we have to get real about this process….We are cutting Department of Justice general administration accounts below the level in which they can effectively operate and administer the very programs which we are increasing. So, reluctantly, I oppose the amendment. At the same time, I do look forward to working with the gentlemen, no matter what the outcome of the amendment, as the process moves forward.”
An amendment by Reps. Dave Reichert (R-WA) and Chris Murphy (D-CT) that would increase funding by $5 million for the Office on Violence Against Women Prevention and Prosecution Programs for court training, offset by reducing funding for the Department of Justice salaries and expenses fund also was approved, 405-25.
“I spent 33 years of my life working in law enforcement, and during that time I walked into many unpredictable domestic violence situations,” said Rep. Reichert. He continued, “Statistics show that every year almost one million incidents of violence occur against current and former spouses, boyfriends, girl friends, and each year nearly 10 million children are exposed to domestic violence. We need to implement and fund every tool at our disposal to combat this terrible problem. One of the key ways to reduce the impact of domestic violence is to ensure that our justice system has the tools to deal with these cases. Too often lives hang in the balance as judges and court personnel make decisions without an understanding of the dynamics of abuse and violence in relationships. Judges themselves have repeatedly cited a need and a desire for specialized knowledge and judicial education regarding sex offenders and victims. The desperate need for trained judges and court personnel was recently brought to light in the tragic case of Yvette Cade. On the morning of October 10, 2005, Yvette was doused with gasoline and set on fire by her estranged husband while at work here in the suburbs of Washington, D.C. At the time of the attack, she had a protection order out against him, but a judge had dismissed her protection order three weeks before, saying she didn’t need it…Better trained judges are essential if we are to keep victims and children alive and hold abusers and rapists accountable for their behavior. I urge my colleagues to support this amendment to improve our courts, protect the victims of domestic violence and sexual abuse, prevent future crimes, and ensure that perpetrators are appropriately punished.”
The House rejected the following amendments:
- an amendment by Rep. John Campbell (R-CA) to reduce discretionary spending by .05 percent, 192-228;
- an amendment by Rep. Marilyn Musgrave (R-CO) to reduce discretionary spending by .5 percent, 186-235;
- an amendment by Rep. Tom Price (R-GA) to reduce discretionary spending by $750 million, 159-261; and
- an amendment by Rep. Jim Jordan (R-OH) to reduce discretionary spending by three percent, 159-261.Report Language
Department of Justice
U.S. Marshals: The U.S. Marshals Service would be funded at $883.766 million in FY2008, $71.696 million more than FY2007 and $16.109 million less than President Bush’s request. Included in that amount is $7.845 million for “54 additional positions to enable the U.S. Marshals to apprehend convicted sex offenders who have failed to comply with sex offender registration requirements of the Adam Walsh Child Protection and Safety Act [P.L. 109-248].”
FBI: The FBI would receive $6.498 billion in FY2008, $508.93 million over FY2007 and $148.161 million more than the budget request. Of that amount, $2.356 million would be allocated to the Crimes Against Children/Innocent Images National Initiative for 14 positions “to provide a coordinated investigative, operational, and intelligence effort to combat crimes against children and to address child abductions, predators who sexually assault children, and child prostitution.”
The committee report states, “The Innocent Images National Initiative is an intelligence-driven, proactive, multi-agency investigative operation to combat the proliferation of child pornography and child sexual exploitation facilitated by an online computer. The program provides centralized coordination and analysis of case information that by its very nature is national and international in scope, requiring unprecedented coordination with state, local, and international governments, and among FBI field offices and legal attachés. The committee encourages the FBI to provide increased resources to child pornography crimes.”
Violence Against Women Act (VAWA) Prevention and Prosecution Programs: VAWA programs would receive $430 million in FY2008, $47.429 million above FY2007 and $59.995 million above the budget request. The following VAWA programs would be funded:
- $205 million for grants to combat violent crimes against women, including $2 million for the National Institute of Justice for research and evaluation of violence against women; and $20 million for transitional housing assistance grants for victims of domestic violence, stalking, or sexual assault;
- $63 million for grants to encourage arrest policies;
- $40 million for rural domestic violence and child abuse enforcement assistance grants;
- $10 million to reduce violent crimes against women on college campuses;
- $3 million for grants to improve the stalking and domestic violence databases;
- $40 million for legal assistance for sexual assault victims;
- $5 million for enhancing protection for older women from domestic violence and sexual assault;
- $15 million for safe havens for children;
- $8 million for education and training to end violence against, and abuse of, women with disabilities;
- $10 million for a new program that would offer assistance to victims of sexual assault and their families; and
- $10 million for a new program, Engaging Men and Youth in Prevention Efforts, designed to teach respect and nonviolence in relationships.Justice Assistance
In FY2008, the National Institute of Justice would receive $60 million.
The Missing Children’s Program would receive $61.4 million, $14.013 million above FY2007 and $61.4 million more than the administration’s request. The committee “recognizes the critical role that national, regional, and local law enforcement agencies and non-profit organizations perform in the protection of children from predators. The department is strongly encouraged to fully engage these entities in the implementation of new and enhanced child protection programs with grant initiatives, training, and technical assistance, including those authorized by the Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162), and the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322).”
The Justice for All Act (P.L. 108-405) would receive $12 million in FY2008. These funds would be used to support the Statewide Automated Victim Information Notification (SAVIN) program. The SAVIN program “helps protect the legal rights of crime victims by providing registered victims with timely and accurate information about any changes to the status of their offender, such as trial dates, times, or changes; probation hearings; inmate relocation; and offender release.”
State and Local Law Enforcement Assistance: The Edward Byrne Memorial Justice grants program, which assists state and local law enforcement officials, would receive $600 million in FY2008, $80.148 million more than FY2007. The administration had proposed consolidating the Edward Byrne Memorial Justice grants and other justice assistance programs into a single grant program: the Edward Byrne Public Safety and Protection Program. President Bush proposed funding the new grant program at $350 million in FY2008.
Programs to assist victims of trafficking authorized by the Trafficking Victims Protection Reauthorization Act of 2005 (P.L. 109164) would receive $15 million in FY2008, $5.128 million more than FY2007. The administration had proposed consolidating this program into the Edward Byrne Public Safety and Protection Program.
The prison rape prevention program administered by the Bureau of Prisons would receive $25 million, $7.057 million more than FY2007. The administration had proposed consolidating this program into the Edward Byrne Public Safety and Protection Program. Of that amount, the committee “directs that $1.8 million be transferred to the National Prison Rape Elimination Commission, of which $500,000 is made available to conduct a report to the Committees on Appropriations on how previously appropriated federal funds have been spent and the impact this funding has had on reducing prison rape.”
Sex offender management programs would receive $10 million in FY2008.
The committee “includes $12 million for the Criminal Records Upgrade program. The goal of this program is to ensure that accurate records are available for use in law enforcement and to permit states to identify ineligible firearm purchasers, persons ineligible to hold positions involving children, the elderly, or the disabled, and persons subject to protective orders or wanted, arrested, or convicted of stalking and/or domestic violence. This program helps states build their infrastructure to connect to national record check systems both to supply information and to conduct the requisite checks.”
Programs to expand and support DNA analysis would receive $175 million in FY2008, $17.184 million more than FY2007. Under the administration’s request, this program would not have been funded. Of that amount, $151 million would be available for reducing DNA analysis backlogs. The committee “recognizes that DNA technology enables law enforcement to identify certain criminals quickly and accurately, solve more crimes, especially violent crimes, such as murder and rape, and identify persons mistakenly accused or convicted of crimes.”
Juvenile justice programs would receive $399.9 million, $61.539 million above FY2007 and $119.9 million more than the budget request. Included in that amount is $25 million for enforcing underage drinking laws and $15 million for programs for child abuse victims.
Related Agencies
Legal Services Corporation: The Legal Services Corporation would receive $377 million in FY2008, $28.422 million more than FY2007 and $66.14 million above the administration’s request.
Equal Employment Opportunity Commission (EEOC): The EEOC would be funded at $332.748 million, $4.002 million above FY2007 and $5 million more than the budget request.
Homeland Security
On July 26, the Senate approved, 89-4, the FY2008 Homeland Security spending bill (H.R. 2638), after approving, by voice vote, a substitute amendment by Sens. Robert Byrd (D-WV) and Thad Cochran (R-MS). The Senate Appropriations Committee approved the bill on June 18. The House approved the bill on June 15 (see The Source, 6/15/07). The bill is headed to a House-Senate conference committee, which will reconcile differences in the two measures.
The bill appropriates $37.623 billion in discretionary spending for FY2008, $2.826 billion above FY2007 (not including emergency and supplemental funding) and $2.25 billion more than the administration’s request.
During consideration of the bill, the Senate approved, by voice vote, an amendment by Sen. Dianne Feinstein (D-CA) to prohibit sexual abuse of prisoners held in custody at the direction of or under an agreement with the federal government.
Report Language
The committee “continues to be concerned about separation of families detained by the Border Patrol. The committee received the report on the Hutto Family Center in Williamson, Texas as required by Senate Report 109-273. The report provides an excellent description of the facility and the steps ICE [Immigration and Customs Enforcement] has taken to ensure compliance with national detention standards. However, the report lacks updated forecasts of family detention space needs for the next two years, as requested. The committee directs ICE to provide quarterly briefings to the committee on family detention space needs and additional steps ICE is taking to ensure the highest level of compliance with national detention standards, including training of ICE detention personnel on adherence to standards. The first quarterly briefing should occur no later than July 31, 2007.”
The committee “is disappointed it has not yet received the report on unaccompanied alien minors which, according to conference report 109699, was due to the Committees on Appropriations of the Senate and House of Representatives on February 8, 2007. Updating and coordinating policies in regard to unaccompanied alien minors, who are often exploited by alien smugglers, between DHS [Department of Homeland Security] and the Office of Refugee Resettlement should be a key priority for the department. The Committee directs the submission of the report immediately.”
As requested by the administration, the committee would provide level funding of $8.366 million for United States Secret Service investigation related to missing and exploited children.
Transportation, Housing and Urban Development
On July 24, the House approved, 268-153, the FY2008 Transportation, Housing and Urban Development (HUD), and Related Agencies spending bill (H.R. 3074), after rejecting, 201-220, a motion to recommit by Rep. Jerry Lewis (R-CA). The House Appropriations Committee approved the bill on July 11 (see The Source, 6/13/07).
The measure would allocate $50.777 billion in discretionary funds in FY2008, $2.558 billion more than FY2007 and $2.777 billion more than President Bush’s request.
During consideration of the measure, the House approved the following amendments by voice vote:
- an amendment by Rep. Michael Turner (R-OH) to increase funding for the HOME Investment Partnership program by $6.7 million, offset by a transfer from the Office of the Inspector General; and
- an amendment by Rep. Tim Walberg (R-MI) that would prohibit funds from being used by the Department of Transportation (DOT) to promulgate regulations based on race, ethnicity, and sex.Speaking on behalf of his amendment, Rep. Walberg said, “Today I am offering an amendment to the transportation bill we are currently debating that would stipulate no funding in this bill may be used by the Department of Transportation to discriminate based on race, ethnicity, or sex. Though this policy may be motivated by good intention, I agree with Justice Clarence Thomas about the DOT’s affirmative action programs where he states, ‘The paternalism that appears to lie at the heart of this program is at war with the principle of inherent equality that underlies and infuses our Constitution’…My support of nondiscrimination compels me to state on this floor that every American deserves equal treatment when competing for business contracts, and our federal government should treat all applicants for such contracts on an equal basis. The federal government should never view any American as part of a group, but rather look at them as an individual. By granting the Department of Transportation the ability to discriminate based on race or sex, this House would essentially create affirmative action preferences for our nation’s highways.”
Rep. John Olver (D-MA) said, “Either this is not a serious amendment or it is an exceedingly serious amendment. This amendment is either totally unnecessary or it has a really nefarious purpose. We do have rules and regulations, I think, that might come under the material of the legislation that support and require certain set-asides for minority- or women-owned businesses in providing among all of our contracting in transportation departments, in some of those departments, and under certain circumstances. I think those are entirely appropriate. I don’t know whether this is the sort of thing that the gentleman was trying to get at, but I think that this has some entirely unknown effects. Perhaps I should have asked the gentleman whether he had particular things in mind that he knew about because I couldn’t at first think of any. Mr. Chairman, my chairman [of the Appropriations Committee, Rep. David Obey (D-WI)] says I should accept the amendment, and I am going to accept the amendment.”
The House rejected the following amendments:
- an amendment by Rep. Steve Chabot (R-OH) that would have cut funding for Section 8 housing assistance by $330 million, 121-300;
- an amendment by Rep. Jim Jordan (R-OH) to reduce the bill’s discretionary spending by $3.2 billion, 133-292;
- an amendment by Rep. Tom Price (R-GA) to reduce the bill’s discretionary spending by one percent, 177-250; and
- an amendment by Rep. Marilyn Musgrave (R-CO) to reduce the bill’s discretionary spending by .5 percent, 198-229.Committee Action
On July 25, the House Appropriations Committee approved, by voice vote, the FY2008 Department of Defense spending bill (as-yet-unnumbered). The House Appropriations Subcommittee on Defense approved the measure in a closed session on July 12.
The bill would allocate $459.594 billion in FY2008, $39.723 billion above FY2007 (excluding emergency and supplemental appropriations) and $3.549 billion less than the administration’s request.
The measure would provide $22.957 billion for Department of Defense health programs, $1.74 billion above FY2007 and $416.06 million more than President Bush’s request. Included in that amount is $10 million for global HIV/AIDS research, $5 million for the gynecological cancer center at Walter Reed Army Medical Center, $127.5 million for the peer-reviewed breast cancer research program, and $10 million for the peer-reviewed ovarian cancer research program.
Army medical technology programs would receive $183.334 million in FY2008, $106.79 million above the budget request. Included in that amount is $4 million for the Cold Spring Harbor Laboratory Women’s Cancer Genomics Center.
Report Language
Family support programs would receive $2.916 billion in FY2008, $558.413 million more than the budget request. Included in that amount is $671.4 million for family advocacy programs, $438.813 million more than the administration’s request. Child care programs across the Army, Navy, Marines, and Air Force would receive a combined total of $606.4 million, $81.6 million more than President Bush’s request.
According to the committee report, “The makeup of the military has changed dramatically since the advent of the all-volunteer force 25 years ago. Where the nation’s force was once largely comprised of single men, today nearly half the men and women in uniform are fathers and mothers. Family assistance, reliable child care, and quality education for military dependents has become a military necessity and directly affects military retention. These programs are essential to the health and welfare of the nation’s soldiers and their families, and the communities in which they live.”
The committee “believes the additional funding provided will enhance the activities of the family advocacy programs (FAP) and provide for children and families managing the difficulties of military service. The committee is cognizant of, and concerned about, the growing need for family members to have access to personal counseling to help alleviate the mental stresses associated with deployments. FAP programs also provide comprehensive programs for prevention, identification, and treatment of child and spousal abuse, and provide family assistance for severely injured service members and their families.”
The committee “provides $2 million for Parents as Teachers Heroes at Home, a parent education and family support program for young military families. At a time when military families are increasingly impacted by repeat deployments, demands at home, and the stress of being away, this program brings professional parenting support and child development information right to the home of these young families.”
The report states, “Over the past 10 years, the department has made dramatic improvements in the management and operation of child development programs for children aged six weeks to 12 years old. The efforts to improve child care have been based on the recognition that those who make up the force are not only personnel, they are also parents. To perform well under the stresses of a demanding, high-operating tempo, service members should not be preoccupied with the basic well-being of their families.”
The committee directs the secretary of Defense “to conduct a comprehensive assessment of recruiting efforts, admissions policies, graduation rates, and career success rates (i.e., the percentage who graduate from each academy, complete their initial service obligation, and rank as of the year of the report), in terms of the social representation, particularly with regard to race, religion, sex, and national origin, at the service academies. The study should cover the academies’ classes over the last 10 years in order to evaluate past trends and current standings. The secretary shall provide the committee with an action plan detailing ways to improve diversity and representation among the nation’s service academies, as appropriate.”
|
