By Rhea Arledge

Events

2006 Project Safe Neighborhoods Conference

Clockwise starting upper left: Shaun Campbell, National Crime Prevention Council; John Wilkinson, Steven Jansen, Andy Wright, American Prosecutors Research Institute; U.S. Attorney General Alberto Gonzales; Kristen Beam, International Association of Chiefs of Police.

On May 2–4, 2006, NDAA past vice president James Fox, district attorney, San Mateo County, CA, had the opportunity to both attend and present during the United States Department of Justice’s 2006 National Project Safe Neighborhoods Conference in Denver, Colorado. NDAA Executive Director Tom Charron and APRI Program Directors Steven Jansen, National Center for Community Prosecution; John Wilkinson, Gun Violence Prosecution Program; and Andy Wright, Drug Prosecution and Prevention Program, were also in attendance during the conference.

Paul McNulty United States Deputy Attorney General

Installation Of Deputy Attorney General (May)

On May 15, former United States attorney for the Eastern District of Virginia, Paul McNulty, was installed as the United States deputy attorney general in the Great Hall of the Robert F. Kennedy Main Justice Building. Mr. McNulty was endorsed by NDAA during the confirmation process.

Though having undertaken the job since last November, Attorney General Alberto Gonzales felt the installation was an appropriate means of celebrating Mr. McNulty’s commitment to public service over the past 20 years. NDAA Chief of Staff Roger Floren had the privilege of being invited to attend the installation ceremony.

2006 Project Safe Childhood Initiative (May)

The National District Attorneys Association was present on May 17 for the roundtable discussion held by Attorney General Alberto Gonzales to launch the Project Safe Childhood initiative. Also present during the discussion were representatives from a variety of federal agencies, including the FBI, Secret Service, U.S. Postal Inspection Service, as well as state agencies and national organizations.

The attorney general’s initiative calls for the partnering of United States attorneys with Internet Crimes Against Children Task Forces and various federal, state and local law enforcement agencies to investigate and prosecute crimes against children. The training of federal, state and local law enforcement and the integration of federal, state and local efforts to investigate and prosecute child sexual exploitation facilitated by the Internet and other technological advances are two of the initiative’s five components.

The roundtable discussion was followed by a press conference during which the attorney general, FBI Director Robert Mueller, and Assistant Secretary for Immigration and Customs Enforcement (ICE) Julie Meyers spoke on the issue of Internet predators. The press conference remarks can be accessed at http://www.usdoj.gov/ag/speeches/2006/ag_speech_060517.html; the Project Safe Childhood guide can be reviewed at http://www.projectsafechildhood.gov/guide.htm

Federal Provincial Territorial (FPT) Heads of Prosecutions 2006 Meeting in St. John’s, Newfoundland

NDAA Executive Director Tom Charron and NDAA President Paul Logli had an opportunity to address the attendees during the meeting of the Federal ;;Provincial Territorial Heads of Prosecution held in St. John’s, Newfoundland. The FPT Heads of Prosecutions is comparable to the National District Attorneys Association inasmuch as its aim is to openly discuss the issues of concern for Canadian prosecutors and to facilitate the cooperation and coordination among prosecutions across the various levels of government and jurisdictions.

NDAA/NCPIC Partners with the United States Secret Service (June)

The National Center for the Prosecution of Identity Crimes and the United States Secret Service anticipate partnering for a three-day training course on the prosecution of identity theft in October 2006.

The United States Secret Service has graciously offered the use of its facility in Washington, DC, along with access to their faculty for the training program. This will be a wonderful opportunity for increased collaboration and cooperation with our federal counterparts in the fight against the burgeoning crime of stolen identity.

NDAA is very grateful for the work done by Donald Santarelli in conjunction with the United States Secret Service in arranging this project. Mr. Santarelli has served as a member of the American Prosecutors Research Institute Board of Directors for approximately seven years and has worked tirelessly over the last year-and-a-half towards the expansion of NDAA’s National Center for the Prosecution of Identity Crimes.

Status Of NDAA Legislative Priorities1

Synopsis of Justice Related Appropriations Bills

Despite the absence of a Congressional Budget Resolution for fiscal year 2007, the House of Representatives passed, as amended, the FY 2007 appropriations bill for the federal science programs and the Departments of State, Justice and Commerce (H.R. 5672) on June 29. The Senate Committee on Appropriations is scheduled to consider the bill on July 13.

The following chart is provided so that the funding levels can be tracked during the appropriations process. Included are the appropriation bills for the Department of Labor, Health and Human Services, Education, and Related Agencies (child support enforcement programs), the Departments of Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia and independent agencies (ONDCP/HIDTA), and the Departments of State, Justice, Commerce and the federal science programs.

The program receiving the largest increase over the recommended funding level by the House Committee on Appropriations was the Edward Byrne Memorial Justice Assistance Grants (formula). The full House passed H.R. 5672, which provides that the formula grant program receive an additional $77 million over that recommended by the House Committee bringing the total amount of funding to $444.852 million. This figure represents a $123.375 million increase over the enacted level for fiscal year 2006.

The President’s Budget Request for FY 2007 proposed the rescission of the Victims of Crime Act (VOCA) fund in addition to the transfer of the High Intensity Drug Trafficking Area (HIDTA) program from the Office of National Drug Control Policy to the Department of Justice. However, H.R. 5672, as passed by the full House, does not include a rescission from the VOCA fund and H.R 5576, as passed by the House, funds the HIDTA program as part of the Office of National Drug Control Policy at $235 million for fiscal year 2007.

For other justice related appropriations see charts on pages 28–29.

Student Loan Forgiveness for Prosecutors and Public Defenders
S. 2039, the Prosecutors and Public Defenders Incentive Act of 2005

On May 25, S.2039 was favorably reported, without amendment, out of the Judiciary Committee to the full Senate. The bill passed on a voice vote.

The bill has been placed on the Senate Legislative Calendar/General Orders for further action. A press release by Senator Durbin the same day included the follow statement by NDAA President Paul Logli:

“Today’s action by the Senate Judiciary Committee is very good news—not only for the young men and women who will benefit from this program directly, but also for the victims of crime,” said Paul Logli, president of the National District Attorneys Association and state’s attorney in Winnebago County, Illinois. “If we want to attract the best and brightest young attorneys to handle significant cases, then we need legislation like this.”

Click to download chart

The complete press release can be accessed at: http://durbin.senate.gov/record.cfm?id=256192.

The House version of the legislation, H.R. 198, the Prosecutor and Public Defenders Incentive Act of 2005, has been referred to the Subcommittee on 21st Century Competitiveness. At the current time no action has been taken on the bill.

Establishment of a Prosecutor Caucus in the Senate

A Senate Prosecutor Caucus has been established by former prosecutors Senator John Kerry (D-MA) and Senator Lindsey Graham (R-SC). The caucus will provide Senate members with a forum in which to discuss issues unique to prosecutors at the federal, state and local levels.

Endnotes

1 This article was prepared on July 5, 2006. As a result, information contained herein may be outdated at the time of publication. If you have any questions regarding the status of the information provided please contact Rhea Arledge at either 703.519.1679 or rhea.arledge@ndaa.org.

2 The Senate Committee on Appropriations is scheduled to consider the Appropriations bill for Commerce, Justice and Science on July 13.

3 The FY 2007 President Budget Request proposed the transfer of the HIDTA program from ONDCP to the Department of Justice. The Committee on Appropriations specifically rejected this proposal.

4 House Amendment 1026 offered by Representative Hooley to increase funding for the HIDTA program by $8 million was agreed to by recorded vote, 348-76.

5 The House Committee on Appropriations did not accept the President’s Budget Request to consolidate the State and Local Law Enforcement Assistance programs with all other OJP programs under the “Justice Assistance” category. Please note that H.R. 5672, Title VII, Rescissions, provides that of any un-obligated balances under State and Local Law Enforcement Assistance from prior years that $127.5 M will be rescinded.

6 Byrne Discretionary Grants were funded separately in FY2006 rather than as a deduction from the Byrne Memorial Justice Assistance Grants total. The $416.478 represents $85M for the Boys and Girls Clubs; $10M for the National Institute of Justice; and $321.478M for the formula grants.

7 The Byrne-JAG program was authorized for $1.1 billion in the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law No. 109-162) for FY2006.

8 Specifically the House Committee recommended $75M for the Boys and Girls Clubs; $115.225M for discretionary grants; and $367.852M for formula grants.

9 Please note that this amount has been amended by several amendments offered on the House floor during consideration. The total amount of the Edward Byrnes Justice Assistance Grants (formula) is increased by $77M.

10 The House Committee Report specifically states that “the Committee expects OJP to examine each of the following proposals, to provide grants if warranted, and to submit a report to the Committee on its intentions for each proposal . . .” Among the recipients listed is the American Prosecutors Research Institute.

11 Please note that this amount has been increased by $25 million by amendment during consideration on the House floor

12 Please note that H.R. 5672, Title VII, Rescissions, provides that of any unobligated balances under the Community Oriented Policing Services from prior years that $127.5M will be rescinded.

13 President’s Budget Request for FY 2007 proposed the incorporation of Weed and Seed; Project Childsafe; Criminal Records Upgrade (NCHIP); Project Sentry; Gang Technical Assistance; and Stalker Database in Project Safe Neighborhoods.

14 The House Committee report states that “the Committee expects OJP to allocate funds as described in the statement of managers accompanying the Department of Justice Appropriations Act of 2006.”

15 This amount includes $11.897M for the court appointed special advocate program; $2.287M for child abuse training programs for judicial personnel and practitioners; $14.808M transitional housing assistance grants for victims of domestic violence, stalking or sexual assault; $63.075M for grants to encourage arrest policies; $39.166M for rural domestic violence and child abuse enforcement assistance grants; $2.962M to improve stalking and domestic violence databases; $9.054M for grants to reduce violent crimes against women on campus; $42M for legal assistance for victims; $4.540M for enhancing protection of older and disabled women from domestic violence and sexual assault; $13.894M for safe havens for children program; and $7.155M for education and training to end violence against and abuse of women with disabilities.

16 This amount has been increased by $10 million by amendment during consideration of the bill on the House floor.