LEGISLATIVE UPDATE FOR FEBRUARY 2005

HOMELAND SECURITY CHAIRMAN CHRISTOPHER COX WINS BATTLE FOR PERMANENT COMMITTEE

The Select Committee on Homeland Security that existing in the 108^th Congress was replaced by a permanent Homeland Security Committee when the House of Representatives adopted its organizing resolution (H Res 5) on January 4.

Although the permanent committee was given the significant jurisdiction it was looking for, the new House rules include provisions, called legislative history, that could allow chairmen of other committees to request referrals on homeland-related bills. The rules package gives ten committees besides Homeland Security a piece of jurisdiction over activities of the Department of Homeland Security. Most importantly, the Energy and Commerce will still handle first-responders, as well as some cybersecurity policies. Transportation and Infrastructure will oversee the Coast Guard and the Federal Emergency Management Agency (FEMA); the Financial Services Committee will retain jurisdiction over money laundering and terrorist financing; Government Reform will keep handling cybersecurity measures; and the Judiciary Committee will control immigration policy and enforcement of immigration laws.

NAPO worked hard with members of the House of Representatives to guide and facilitate the consolidation of oversight and jurisdictional claims from other committees in order to aid the creation of a permanent Homeland Security Committee. The 9/11 Commission Report recommends the restructuring of intelligence and homeland security oversight by Congress in order to effectively adjust to a post-9/11 world; a new reality that has forever changed that needs and responsibilities of America’s first responders. NAPO believes it is imperative that the appropriate channels be put in place at the federal, state, and local levels to assist them with their efforts. NAPO is proud to report that there is now one committee that is responsible for providing protective measures for critical infrastructure, information sharing among the states and local communities, and proper funding for training equipment, among other things.

ATTORNEY GENERAL NOMINEE GONZALES GRILLED BY SENATE JUDICIARY COMMITTEE

On January 6^th, 2005 President Bush’s nominee for Attorney General of the United States, the highest law enforcement position in the nation, appeared before the Senate Judiciary Committee for his confirmation hearing. Alberto Gonzales, current White House counsel and former member of the Texas Supreme Court, was given a verbal going-over by Committee members, especially the Democrats. The White House counsel faced intense questioning about his role in the administration’s policy toward prisoners detained in Iraq and as part of the campaign against terrorism, as well as his views on the applicability of international treaties and laws, including the Geneva Convention. What spurred this line of questioning were memos written by Gonzales as White House counsel that helped dictate the Bush administration’s view of the legal status of detained suspects. In one memo, Gonzales described the legal protections afforded by the Geneva Conventions as “obsolete.”

Despite these deep concerns felt by members of the panel, many gave Gonzales praises for his extensive legal career and intelligence, as well as highlights of his Mexican heritage, before and after questioning him. There is no indication that those concerns have generated sufficient opposition to endanger his nomination. All members of the panel are expected to vote to recommend Senate confirmation of Gonzales. The committee will most likely vote on Gonzales’ nomination at the end of the month.

BUSH NAMES NOMINEE FOR HOMELAND SECURITY DEPARTMENT

President Bush on January 11, 2005 nominated Federal Appeals Court Judge Michael Chertoff to replace Tom Ridge as the Secretary to the Department of Homeland Security. Bush praised Chertoff as strong and decent man, saying that he had an impressive record of cutting through red tape as an assistant attorney general. Chertoff was the assistant attorney general in the Department of Justice’s criminal division from 2001-2003. He currently sits on the 3^rd U.S. Circuit Court of Appeals, which handles appeals from New Jersey, Delaware, Pennsylvania, and the Virgin Islands.

Most notably, Chertoff argued the government’s case against terror suspect Zacarias Moussaoui’s request for access to other al Qaeda suspects in U.S. custody, saying that allowing such access would do great harm to U.S. national security. He also played a significant role in linking al Qaeda to the September 11^th attacks.

Bush’s first choice for the post of Secretary of Homeland Security was former New York Police Commissioner Bernard Kerik, who withdrew his name from consideration a week after being nominated after the discovery that a former household employee had questionable immigration status. Questions were also raised concerning misuse of resources while head of the New York Police Department.

SENATOR FEINSTEIN ANNOUNCES PLANS TO PUSH AHEAD WITH

ANTI-GANG LEGISLATION

Senator Dianne Feinstein (D-CA) announced plans on December 27^th, 2004 to reintroduce legislation with Senator Orrin Hatch (R-UT) to help stem gang violence by increasing criminal penalties and targeting the most destructive aspects of gang activity, including the recruitment of children to join street gangs. The “Gang Prevention and Deterrence Act of 2005” will greatly assist state and local law enforcement in their efforts against gang expansion and violence.

The legislation will address the gang problem by authorizing $650 million over the next five years to assist federal, state, and local efforts against gang violence and support intervention and prevention programs for at risk youth. It will also create new criminal gang prosecution offenses, strengthening prosecutors’ ability to combat gang activities.

NAPO looks forward to fighting for this legislation passage in the 109^th Congress, as it has in previous Congresses.