By Rhea S. Arledge, Legislative Counsel

Status Update on Funding for the National District Attorneys Association’s Training Programs at the Ernest F. Hollings National Advocacy Center

At the time of this writing the Congress is in recess for the Thanksgiving holiday. We are approximately eight weeks into the 2008 Fiscal Year and only one appropriations bill has been enacted.1 Eleven more spending bills require resolution—the most important bill from NDAA’s perspective being the Commerce, Justice and Science appropriations bill. This spending bill provides, in part, the funding for the operation of the United States Department of Justice and, in turn, NDAA’s training programs at the Ernest F. Hollings National Advocacy Center.

In November Congress passed, and the president signed, a second continuing resolution (H.R. 3222, P.L. 110-116) to keep the federal government, agencies and related programs operating.2 The continuing resolution is scheduled to expire on December 14 and, with the Congress scheduled to return to Washington on December 4, there is very little time for the completion of all the appropriations bills. As a result there is the possibility of an additional continuing resolution or an omnibus spending bill. The end of the First Session of the 110th Congress is strangely reminiscent of the end of the Second Session of the 109th Congress when a continuing resolution was adopted to keep the government operating through February 14. Ultimately, a year long continuing resolution was passed with the elimination of all earmarks.

As previously reported in the July/August issue of The Prosecutor, S. 1745, the appropriations bill for the Departments of Commerce and Justice, Science and Related Agencies (CJS spending bill), was favorably reported by the full committee3 to the full Senate. The spending bill, if enacted, would provide that of the 550 million dollars appropriated for community-oriented policing services under the Office of Justice Programs, U.S. Department of Justice, that five million dollars is “for the National District Attorneys Association to conduct prosecutorial training by the National Advocacy Center.”

The CJS spending bill, as amended, was passed by the full Senate on October 16. H.R. 3093. The House CJS spending bill, was passed by the full House on July 26 and does not contain funding for the NDAA training programs at the National Advocacy Center. Because of differences between the bills a conference committee was appointed with conferees named by the Senate and House on October 16 and November 8 respectively. The House and Senate conferees are as follows:

House Chair: Alan B. Mollohan (D-WV)

Patrick J. Kennedy (D-RI)

Chaka Fattah (D-PA)

C.A “Dutch” Ruppersberger (D-MD)

Adam Schiff (D-CA)

Michael Honda (D-CA)

Rosa L. DeLauro (D-CT)

David E. Price (D-NC)

Dave Obey (D-WI), Ex Officio

Ranking Member: Rodney P. Frelinghuysen (R-NJ)

John Abney Culberson (R-TX)

Harold Rogers (R-KY)

Tom Latham (R-IA)

Robert B. Aderholt (R-AL)

Jerry Lewis (R-CA), Ex Officio

Senate Chair: Barbara Mikulski (D-MD)

Daniel Inouye (D-HI)

Patrick Leahy (D-VT)

Herb Kohl (D-WI)

Tom Harkin (D-IA)

Byron Dorgan (D-ND)

Dianne Feinstein (D-CA)

Jack Reed (D-RI)

Frank Lautenberg (D-NJ)

Robert Byrd (D-WV)

Ranking Member: Richard Shelby (R-AL)

Judd Gregg (R-NH)

Ted Stevens (R-AK)

Pete Domenici (R-NM)

Mitch McConnell (R-KY)

Kay Bailey Hutchison (R-TX)

Sam Brownback (R-KS)

Lamar Alexander (R-TN)

Thad Cochran (R-MS)

Previously scheduled meetings for the conference committee on November 8 and 15 were canceled and a new date for the committee meeting is unknown at this time.

NDAA Executive Director Tom Charron and staff have spent considerable time meeting with House conferees to explain the importance of the NDAA training programs at the National Advocacy Center to the nation’s prosecutors. In addition, NDAA membership, the NDAA board of directors and members of the National Association of Prosecutor Coordinators have worked tirelessly on this funding issue and their efforts are greatly appreciated by the association. NDAA staff will keep the membership informed of further action by the conference committee.

Status Update on Student Loan Repayment Assistance/ Forgiveness

The John R. Justice Prosecutors and Defenders Incentive Act (S. 442) was passed by the full Senate as part of S. 1642 (Higher Education Amendments of 2007) in July. The House recently introduced their version of the higher education bill with the John R. Justice Prosecutors and Defenders Act (H.R. 916) included. The House Education and Labor Committee passed the Higher Education reauthorization bill out of committee on November 15 and the legislation is now awaiting a full House vote. This legislation essentially provides loan repayment assistance for prosecutors who commit to work in a prosecutor’s office for three years. Up to $10,000 in repayment assistance per year would be available with an aggregate amount of loan repayment assistance capped at $60,000. This legislation was intended to be both a recruitment and retention tool and will hopefully assist prosecutors already in employment. As previously reported in the July/August issue of The Prosecutor, there are some differences between the Senate passed version of the John R. Justice Prosecutors and Defenders Incentive Act and the legislative language contained in H.R. 916.

First Meeting of the Senate Prosecutor Caucus

On October 3 the Senate Prosecutor Caucus formed by Senator John Kerry (D-MA) and Senator Lindsey Graham (R-SC) met for a roundtable discussion on state implementation of SORNA, the Sex Offender Registration and Notification Act. SORNA was enacted as Title I of the Adam Walsh Act last year. Current members of the caucus in addition to Senators Kerry and Graham include:

Senator Ken Salazar (D-CO)

Senator Max Baucus (D-MT)

Senator Norm Coleman (R-MN)

Senator Amy Klobuchar (D-MN)

Senator Sheldon Whitehouse (D-RI)

Senator Arlen Specter (R-PA)

Senator Mark Pryor (D-AR)

Senator Claire McCaskill (D-MO)

Individuals invited from NDAA to participate included NDAA Board Member David Barber, District Attorney, 10th Judicial Circuit, Birmingham, AL; NDAA Board Member Patricia C. Jessamy, State’s Attorney, City of Baltimore, MD; and Lori McPherson, Senior Attorney, NDAA’s National Center for Prosecution of Child Abuse.

Other participants present for the roundtable discussion included:

• Mary Beth Heffernan, Undersecretary of Criminal Justice, Massachusetts
• Geline Williams, Excecutive Director, Massachusetts District Attorneys Association
• Jennifer Star, Assistant Attorney General, Massachusetts
• Laura Rogers, Director, Department of Justice SMART Office
• Leslie Hagen, Assistant U.S. Attorney, Department of Justice SMART Office
• Ernie Allen, President, NCMEC (National Center for Missing and Exploited Children)
• Virginia Davis, National Congress of American Indians
• Trey Gowdy, 7th Circuit Solicitor, Spartanburg, South Carolina
• Emma J. Devillier, Assistant Attorney General, Criminal Division, Baton Rouge, Louisiana
  

The three-hour meeting provided the forum for a meaningful discussion between the state, local, and tribal government representatives and the director of the SMART Office, Office of Justice Programs, U.S. Department of Justice, about the difficulties encountered as the various jurisdictions strive to become compliant with the new law. Laura Rogers, director of the SMART Office, thoroughly explained the responsibilities of the SMART Office; outlined the proposed guidelines for SORNA; and noted that the SMART Office will assist states as they work towards “substantial compliance” with the law. State, local and tribal government representatives were able to discuss the many issues that they have encountered while beginning the compliance process, i.e. conflicts with state laws and constitutions; the inclusion of juveniles in the database; and the expense of compliance.

For your reference, the text of the Sex Offender Registration and Notification Act can be accessed at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ248.109 and the Department of Justice proposed guidelines for state implementation of SORNA can be reviewed at http://www.ojp.usdoj.gov/smart/guidelines.htm.

October 30 Executive Working Group

On October 30, representatives from the National District Attorneys Association Board of Directors, the National Association of Attorneys General, the Criminal and Civil Divisions of the United States Department of Justice and the Executive Office of United States Attorneys met at the United States Department of Justice to participate in a day-long roundtable discussion on the issues of immigration and human trafficking.

Acting United States Attorney General Peter Keisler and Acting Deputy Attorney General Craig Morford met briefly with the participants to discuss immigration and human trafficking issues as well as issues related to homeland security.

The participant groups each had an opportunity to discuss immigration-related developments and issues arising in their respective federal, state, and local jurisdictions. Discussed at some length was Section 287 (g) of the Immigration and Nationality Act, a program designed to assist state and local law enforcement with immigration-related issues and to promote cooperation among law enforcement at all levels of government. The “287 (g) program” is an intensive training for state and local law enforcement officers, which upon completion authorizes officers to enforce immigration law as authorized by a memorandum of understanding between the state/local agency and the U.S. Department of Homeland Security. Additional information on the “287(g) program” can be obtained at http://www.ice.gov/partners/287g/Section287_g.htm.

If you have questions or need a contact number at the Bureau of Immigration and Customs Enforcement please contact Rhea Arledge at 703.519.1679.

The next Executive Working Group meeting is scheduled for January 18, 2008, in Denver, Colorado.

National District Attorneys Association’s 2008 Legislative Conference

The National District Attorneys Association’s 2008 Capital Conference is scheduled for Tuesday, January 29, and Wednesday, January 30, at the Grand Hyatt in Washington, DC (http://grandwashington.hyatt.com/ hyatt/hotels/index.jsp).

Departing from the agenda of recent legislative conferences, this meeting will be an exclusively interactive legislative conference. Participants will meet briefly on the mornings of January 29 and 30 for informational briefings and question and answer sessions. This format will provide participants with the time necessary for scheduled meetings with their members of Congress.

As is customary, the National District Attorneys Association will host a reception for the members of Congress and their staff on the evening of Tuesday, January 29. Invitations will be delivered to all members of Congress by the National District Attorneys Association during the first week of December. However, it is also requested that participants extend an invitation to their members of Congress at their home district offices during the December holiday recess. If you do so, please ask that the members respond to Mickie Wilson at 703.519.1681.

Please make certain that you schedule your appointments on January 29 and 30 well in advance of the meeting date. If you have questions regarding the scheduling of an appointment, please contact Rhea Arledge at 703.519.1679. Further information concerning priority legislative issues will be forthcoming.

The 2008 Capital Conference brochure and registration form can be found on page 47 of this issue.

1 The Department of Defense appropriations bill was signed by the president on November 13. The appropriations bill for the Departments of Labor, Health and Human Services and Education was passed by the House and Senate but vetoed by the president. A subsequent override vote fell short of the necessary two-thirds needed to override the president’s veto.

2 The first continuing resolution (HJ Res. 52) was passed by the House and Senate in September and signed by the president on September 29 (P.L. 110-92). It expired on November 16.

3 The final committee report reflects five million dollars for “National Prosecutors.” The Committee report also specifically states: “National District Attorneys Association—Columbia, SC, to train State and local prosecutors nationwide. Sponsor: Graham.”