LEGISLATIVE UPDATE FOR JANUARY 2005

Law Enforcement Takes Hits in Intelligence Bill and FY 2005 Omnibus Bill

In the on-going struggle to pass the fiscal year 2005 appropriations omnibus bill and the national intelligence measure, Congress cut important law enforcement initiatives right and left.

FY 2005 Appropriations Omnibus

On Saturday, November 20, the House and Senate passed the massive omnibus appropriations bill (included in H.R. 4818) that completes work on spending for fiscal year 2005. The omnibus combined the nine unfinished appropriations bills that stalled this session, including the Commerce, Justice, State and the Judiciary appropriations bill, which provides the majority of state and local law enforcement funding.

Appropriators continued the yearly reduction of funding to the COPS program by reducing funding for grants to hire police officers within the program from the already slim $118.7 million to just $10 million in the FY 2005 omnibus bill. In addition, funding for the other two principal law enforcement programs – the Local Law Enforcement Block Grant (LLEBG) and the Edward Byrne Memorial Grant Program were severely cut. Congress agreed to the President’s proposal to combine the Byrne Grant Program’s state formula and the Local Law Enforcement Block Grant Program into a single program known as the Edward Byrne Justice Assistance Grant (JAG), but the separate Byrne discretionary grants were retained.

The omnibus bill was signed into law by President Bush Tuesday, December 7.

Intelligence Overhaul Bill

Despite NAPO’s greatest efforts, in conjunction with Representative Anthony Weiner (D-NY) and Senator Joseph Biden (D-DE), the COPS reauthorization language was deleted from the consensus intelligence overhaul bill. Also deleted from the bill was language concerning “faster and smarter funding for first responders.” Despite constant lobbying by NAPO and members of the House Select Homeland Security Committee to change the formula for distributing federal homeland security grants, the bill would not change the formula. Instead, it includes “sense of Congress” language, which offers the opinion of Congress, but does not change the law, addressing that homeland security grants should be distributed to cities and states based on the threat of terrorism.

Tuesday, December 7 Congress finally produced a consensus intelligence reform bill that was passed and delivered to the President and signed into law on Wednesday, December 8.

Change in Emphasis in Homeland Security Funding

On December 3, the Homeland Security Department awarded $2.5 billion in grants to state and local governments on the basis of the risk of terrorist threat. The overall amount was less than in 2004, however, with the revised funding formula cities and urban areas with the greatest security needs will receive more money than ever in 2005.

The Homeland Security Department manages two primary grant programs for local and state governments, the State Homeland Security Grant Program and the Urban Area Security Initiative (UASI). The purpose of the State Homeland Security Grant Program, which will distribute about $1.66 billion in grants in 2005, is to create a baseline of preparedness across the nation. UASI, which targets grants to areas with the greatest security needs based on population, will distribute about $855 million.

Although the amount of funding through the UASI program is the highest it’s been since its creation three years ago, the Homeland Security budget reduces funding for other grant programs. Programs such as Citizen Corps, Fire Act Grants, state and local training initiatives, training exercises, and technical assistance are facing a budget decrease of about $800 million from fiscal year 2004.

Deep Cuts in Crucial Programs

Fiscal year 2005 funding continues the steady downward trend within the last four years in the funding levels for the three primary law enforcement grant programs - the Local Law Enforcement Block Grant (LLEBG), the Edward Byrne Memorial Grant Program, and the Community Oriented Policing Services (COPS). The funding levels of these programs have declined by almost $1.24 billion since fiscal year 2002, which is a 50% cut in these essential programs.

Under the appropriations omnibus bill, the consolidated grant program (JAG) will receive $634 million. Of this amount, $85 million is earmarked for the Boys and Girls Club of America, $10 million is set aside for law enforcement technology projects at the National Institute of Justice, and $2.5 million is reserved for the USA Freedom Corps.

Although Congress gave the grant program $126 million more than President Bush requested, the amount represents a $250 million decrease from fiscal year 2004 funding. Furthermore, funding for the LLEGB and the Bryne grant programs have been cut by $743 million over the past two years. These cuts are unconscionable in a time when America’s law enforcement needs to be at full capacity as they assume more duties each day to protect communities against terrorist threats and continue to fight against domestic crime.

NAPO is fighting harder than ever to prove to Congress that these programs are crucial to America’s law enforcement and its ability to protect the people. It is imperative to regain the funding levels these crucial law enforcement programs had four years ago. NAPO is working with Senator Biden and the House Select Committee on Homeland Security during the holiday break to find new ways to impress the importance of these grant programs on Congress.

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.

End of 108^th Congress Legislative Victories

Mentally Ill Offender Treatment and Crime Reduction Act

On October 30 President Bush signed into law, S. 1194, the “Mentally Ill Offender Treatment and Crime Reduction Act of 2004.” This law is meant to increase public safety by fostering collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse systems to ensure that resources are effectively and efficiently used within these systems.

Victims’ Rights Guarantees and DNA Testing Expansion

NAPO is happy to report that on October 30^th President Bush signed into law HR 5107, the “Justice for All Act of 2004.” This bill has two aspects to it: victims’ rights guarantees and DNA Testing Expansion. The first codifies eight separate rights for all federal crime victims including the right to be reasonably protected from the accused and to participate in the trial proceedings. The second aspect is that it is a bill to eliminate the substantial backlog of DNA samples collected from crime scenes and convicted offenders, to improve and expand the DNA testing capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA testing

technologies, to develop new training programs regarding the collection and use of DNA evidence, to provide post-conviction testing of DNA evidence to exonerate the innocent, and to improve the performance of counsel in State capital cases.

Enchance 911 Act of 2004

On December 23, 2004, President Bush signed into law, H.R. 5419, the “Enchance 911 Act of 2004.” This law authorizes $250 million in grants over the next five years to upgrade the nation’s emergency call centers to allow dispatchers to pinpoint the location of cellular phone callers. The matching grants could be used for planning, infrastructure, equipment, and training for up to half the cost of the Enhanced 911 implementation. The law would also create an Enhanced 911 Coordination Office to speed the spread of E-911 services.