May 26, 2006

 

SENATE BUDGET RESOLUTION INCREASES

FIRST RESPONDER FUNDING

 

On March 15, the Senate approved its fiscal 2007 budget resolution, S Con Res 83, which although non-binding, maps out Congressional goals and spending for the 2007 fiscal year.   During debate over the budget resolution, the Senate approved amendments that support increases in homeland security funding and funding for first responders.

 

Justice Assistance Grants (JAG)

One such amendment, offered by Senators Mark Dayton (D-MN) and Saxby Chambliss (R-GA), would restore funding to the Byrne Justice Assistance Grant (JAG) Program, which the President’s budget proposal sets to eliminate.  The amendment, S.Amdt. 3018, would restore funding for the JAG Program to the FY 2003 level of $900 million - a $484 million increase over current funding levels.

 

Homeland Security Grants

Also approved was an amendment offered by Senators Joseph Lieberman (D-CT) and Susan Collins (R-ME) that would ensure that first responder and state and local government grant programs that are critical to homeland security are funded at no less than FY 2006 levels, and would provide increases in funding for port security, first responder programs, rail/transit security, and National Response Plan Training.  The increase in funding provides an additional $986 million for homeland security grants funds, including restoring funding to the Law Enforcement Terrorism Prevention Program (LETPP) to last year’s level of $400 million.  The amendment, S.Amdt 3066, would also increase funding for the State Homeland Security Grant (SHSG) Program to $700 million.

 

Bulletproof Vest Partnership

In January, the Bulletproof Vest Partnership Grant Program was reauthorized by Congress for the third time since its inception in 1998 as part of the Violence Against Women and Department of Justice Reauthorization Act (PL 109-162).  The law authorizes $50 million per year through fiscal year 2009 for the program; however, the President’s FY 2007 budget proposal would slash the program’s funding and leave it at a mere $9 million. 

 

The Senate opposes the huge cut in funding proposed by the President’s budget and approved a floor amendment to the Senate Budget Resolution for FY 2007 to fully fund the BVP program at $50 million.    Senators Arlen Specter (R-PA) and Patrick Leahy (D-VT) are leading the way toward pushing for full funding of the program.  On April 6, the Senators sent a letter to Chairman Richard C. Shelby (R-AL) and Ranking Member Barbara Mikulski (D-MD) of the Senate Appropriations Subcommittee on Commerce, Justice and Science asking them to support appropriations for the BVP program at $50 million or more.


 COPS

Senators, led by Senator Joseph Biden (D-DE) also sent a letter to Chairman Shelby and Ranking Member Mikulski asking for their support in rejecting the massive cuts proposed by the President’s budget to the Office of Community Oriented Policing Services (COPS).  The senators are asking the Subcommittee to fund the COPS program at the recently authorized level of $1.05 billion for hiring local officers and purchasing technology critical to law enforcement.   Additionally, the letter asks that $60 million of the $1.05 billion be directed towards the creation of a nationwide hiring and recruitment effort to help spur interest in a career in law enforcement. 

 

The President’s budget proposal would cut the COPS program by 79% and would eliminate funding for the COPS Hiring Grant Program for FY 2007.

 

HOUSE REAUTHORIZES ONDCP

AND INCREASES FUNDING TO FIGHT METH ABUSE

 

On March 9, the House voted to reauthorize the Office of National Drug Control Policy (ONDCP) through 2011, as well as the High Intensity Drug Trafficking Areas (HIDTA) Program.   The reauthorizing bill, H.R. 2829, permits funding for the HIDTA program at $280 million for fiscal 2007, and an increase in funding by increments of $10 million every two years until the program is set to sunset.  

 

$15 million of the HIDTA funding must be allocated to fight methamphetamine abuse.  H.R. 2829 also requires that no more than five percent of HIDTA federal funds can be spent on establishing prevention programs.   

 

Congressional concern about meth abuse in this country is evident in the many amendments adopted to H.R. 2829.  One amendment is designed to curb access to precursor chemicals used in the production of methamphetamine, while another amendment creates a National Methamphetamine Information Clearing House to assist local communities in dealing with the growing problem of meth addiction.  The Clearing House will be an internet database, open to both law enforcement and the public, promoting the sharing of information regarding successful law enforcement tactics, treatment, prevention, environmental clean-up of meth labs and social services programs dealing with the effects of methamphetamines.

On March 13, the bill was sent to the Senate and is under consideration in the Senate Judiciary Committee.



UPDATE: PENSION PROTECTION ACT NEGOTIATIONS STALLED

                                                                            

Conferees have made little progress over the past few months reconciling the differences between the House and Senate versions of the pension overhaul legislation.  The stalemate is focused on the issue of requiring companies with low credit ratings to better fund their pension plans.  Conferees who support this issue believe a company’s credit rating is a good predictor of financial trouble, while those who oppose it feel that the use of credit ratings could hurt companies that have fully-funded plans but low credit ratings. 

 

House and Senate GOP leaders are hoping to combine a new tax cut package with the stalled pension overhaul bill, which would make it easier for the tax cuts to be passed without debate. Adding the tax cut measures has complicated the division over the pension bill, causing the conference committee to miss its third deadline of having the pension conference report to be cleared before Congress leaves for Memorial Day recess on May 26.

 

The NAPO-supported provision– the HELPS Retirees Act of 2005 – within the House bill (HR 2830) is not an issue of contention so far and remains in the legislation.   NAPO has been a supporter of the “HELPS Retirees Act” since it was introduced and will continue to work hard to keep this language included as part of the Pension Protection Act conference report.  If passed, this Act would allow retired public safety officers to use up to $5,000 annually from their pension funds, including defined benefit plans and defined contribution plans, to pay for qualified health insurance premiums without taxing these distributions.

 

SENATE ACTS TO PROHIBIT FLAG BURNING AND

TOUGHEN JAIL TERMS FOR SEX OFFENDERS

 

With a floor calendar filled with debates on immigration reform, an emergency supplemental spending measure, and failed attempts to pass a FY 2007 Budget Resolution, the Senate managed to move forward on two pieces of legislation.  On Thursday, May4, a Senate Judiciary subcommittee approved a proposed constitutional amendment that would give Congress the power to prohibit the physical desecration of the flag of the United States.  The bill is expected to pass out of the Judiciary Committee and hit the Senate floor for a vote by the July 4 holiday.  The House passed similar legislation last year.

 

Additionally, the Senate passed a bill on May 4, which would create new registration requirements for sex offenders and establish tougher punishments for those who fail to comply.  The bipartisan bill, S. 1086, sponsored by Senator Orrin Hatch (R-UT), provides mandatory minimum sentences for violent crimes against children under the age of 12.  A convicted sex offender would receive 30 years to life in prison for a crime that resulted in death, 20 years to life for a kidnapping or maiming, and 10 years to life for crimes involving a dangerous weapon.  S. 1082 also makes federal grant funds available to states for distribution to local law enforcement agencies to offset the costs directly incurred because of the legislation. 

 

Dozens of bills to toughen penalties for sex offenders have been introduced in Congress since the beginning of last year.  With the House saying that it might simply clear S. 1086 without a conference, this bill looks the most promising to pass into law. 

 

 

SENATE PASSES AMENDMENT TO COMPENSATE FIRST RESPONDERS WHO SUFFER ADVERSE EFFECTS FROM NEW PANDEMIC FLU VACCINES

 

On May 3, the Senate passed an amendment to the Emergency Supplemental spending bill, H.R. 4939, that would ensure that police officers, firefighters, and health care professionals are provided compensation should they suffer injury from any new pandemic flu vaccinations.  The amendment, sponsored by Senator Joe Biden (D-DE) and Senator Ted Kennedy (D-MA), appropriates $289 million to fund the pandemic flu vaccine compensation injury program for first responders. 

 

The Senate’s emergency supplemental spending measure appropriates $108.9 billion in funding - $14 million over the House version and the $94.5 billion limit President Bush set for the legislation.  With the President threatening to veto the bill and a fight looming with the House in conference, the pandemic flu vaccine compensation amendment looks to be in jeopardy. 

 

 

CONGRESS LOOKING TO INCREASE

PORT SECURITY

 

On May 4, the House passed broad port security legislation, H.R. 4954, by an overwhelming majority.  The bill would authorize more than $5 billion over six years for port security.  Among its many provisions, it would require the Department of Homeland Security (DHS) to consult with federal, state and local officials to establish an integrated network of maritime security command centers at appropriate U.S. seaports and maritime regions.  State and local


law enforcement agencies are expected to participate in the maritime security


command centers in order to provide the best protection for the nation’s ports.

 


The Senate companion bill, S. 2459, was approved by the Homeland Security and Governmental Affairs committee on May 2, but has yet to be scheduled for a vote on the Senate floor.  Similar to the House bill, S. 2459 creates joint operation centers and indicates that it expects state and local law enforcement and first responder agencies to participate in each joint operations center for maritime and cargo security.

 

Because H. 4954 and S. 2459 are so similar, neither the House nor the Senate Homeland Security Committees anticipate any conflicts arising in conference between the two versions of the port security legislation.