Federal Legislation

March, 2009, Update From Washington, D.C.

The Economic Stimulus package has been signed into law. The President has presented his Budget Request to Congress for Fiscal Year 2010. Since the government is only funded into March, the House passed H.R. 1105, to fund the government through 2009. Federal funds for state and local law enforcement have increased in all three packages, as outlined below. 

Economic Stimulus
The conference report for H.R. 1, the "American Recovery and Reinvestment Act of 2009'' passed the House and Senate on February 13, 2009 and was signed into law by the President on February 17^th. The conference report provides $8.8 billion to states (fiscal relief) for public safety, or other high priority needs.

The conference report provides funding for state and local law enforcement efforts.  Here is where you will find important information on how the funds will be allocated and administered: www.ojp.usdoj.gov/recovery Please note that in the case of the Byrne Grant (JAG) the State Administering Authority will be setting priorities and allocating funds within the state. 

• $2 billion for the Edward Byrne Memorial Justice Assistance Grant program.
• $1 billion for Community Oriented Policing Services, for hiring and rehiring of additional career law enforcement officers.
• $225,000,000, for competitive grants to improve the functioning of the criminal justice system, to assist victims of crime (other than compensation), and youth mentoring grants.
• $40,000,000, for competitive grants to provide assistance and equipment to local law enforcement along the Southern border and in High-Intensity Drug Trafficking Areas to combat criminal narcotics activity stemming from the Southern border.
• $100,000,000, to be distributed by the Office for Victims of Crime
• $125,000,000, for assistance to law enforcement in rural States and rural areas, to prevent and combat crime, especially drug-related crime.
• $50,000,000, for Internet Crimes Against Children (ICAC) initiatives.
• $100,000,000 for expedited development and deployment of border security technology on the Southwest border.

For a complete copy of the conference report on H.R. 1:  www.conferencereport.gpoaccess.gov

Appropriations for Current Fiscal Year 2009

The House passed H.R. 1105 making omnibus appropriations for the fiscal year ending September 30, 2009. This bill would wrap up the work on the fiscal year 2009 appropriation bills. State and local law enforcement and crime prevention grants are increased $495 million above the Fiscal Year 2008 level. Highlights for law enforcement include:

• Such sums as are necessary for Public Safety Officers Benefits, which provides a one time death benefit to officers killed or permanently injured in the line of duty

• $4,100,000 for educational assistance for survivors of officers killed in the line of duty

• $400,000,000 for the State Criminal Alien Assistance Program

• $550 million for COPS

• $546,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act, of which $5,000,000 is for use by the National Institute of Justice in assisting units of local government to identify, select, develop, modernize, and purchase new technologies for use by law enforcement,

• $31,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal governments for costs associated with the prosecution of criminal cases declined by local offices of the United States Attorneys;

• $3,000,000 for the Northern Border Prosecutor Initiative to reimburse State, county, parish, tribal or municipal governments for the costs associated with the prosecution of criminal cases declined by local offices of United States Attorneys;

• $178,500,000 for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation

• $30,000,000 for competitive grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation)

• $12,500,000 for prison rape prevention and prosecution and other programs, as authorized by the Prison Rape Elimination Act of 2003 (Public Law 108-79);

• $10,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act;

• $55,000,000 for the Juvenile Accountability Block Grants program

President’s Budget Request for Fiscal Year 2010

The President submitted his budget request to Congress for Fiscal Year 2010 on February 26, 2009. The President’s Budget is an overview of his priorities and marks the beginning of the budget process for 2010. Over the next few months the Budget Committees will be hold hearings and develop a Budget Resolution. Here are the highlights of the President’s budget that relate to law enforcement:

Department of Homeland Security Budget for 2010: 

“Provides $1.4 billion for Immigration and Customs Enforcement programs to ensure that undocumented immigrants who commit crimes are expeditiously identified and removed from the United States.” The Budget states that it “making the federal government a better partner to states and localities on key homeland security initiatives is an Administration priority.” For more information download the Department of Homeland Security's Funding Highlights PDF file.

Department of Justice Budget for 2010:  The proposed Budget is $26.5 billion

• The Budget proposes expanding the COPS Hiring Grants to begin hiring 50,000 additional police officers to “help States and communities prevent growth of crime during the economic downturn.”
• The Budget “includes additional funding for a comprehensive approach to enforcement along the Nation’s borders that combines law enforcement and prosecutorial component efforts to investigate arrest, detain, and prosecute illegal immigrants and other criminals.”  This initiative “also enhances the Department’s ability to track fugitives from justice and combat gunrunners and illegal drug traffickers.”
• $6 billion for the Bureau of Prisons and $1.4 billion for the Office of the Detention Trustee to “ensure that sentenced criminals and detainees are housed in facilities that are safe, humane, cost-efficient, and appropriately secure.”
• $109 million for prisoner re-entry programs, including $75 million to expand the Second Chance Act that provide counseling, job training, drug treatment and other transitional assistance to former prisoners.

For more information download the Department of Justic Funding Highlights PDF file.

Legislation Passed
H.RES.47 passed the House of Representatives on February 25^th. This resolution Expresses support for the goals of Peace Officers Memorial Day to honor federal, state, and local peace officers killed or disabled in the line of duty.

Bills Recently Introduced
The following bills of importance/interest have been introduced in the 111th Congress. 

Protecting Officers Personal Information

• S. 141, introduced by Senator Feinstein, and H.R.122, introduced by Congressman Frelinghuysen, would limit the misuse of Social Security numbers and establish criminal penalties for such misuse.  This bill contains a provision supported by ALADS that would prohibit inmate access to social security numbers by prohibiting federal, state and local governments from employing, or entering into a contract to employ, prisoners in any capacity that would allow them access to social security numbers of other individuals.

Collective Bargaining

• H.R.413, introduced by Congressman Kildee, would provide collective bargaining rights for public safety officers employed by States or their political subdivisions.  ALADS strongly supports this measure.

National Right-to-Carry

• H.R. 197, introduced by Congressman Stearns, would provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.

Criminal Aliens

• S.168, introduced by Senator Feinstein, would provide for compensation to States incarcerating undocumented aliens charged with a felony or 2 or more misdemeanors.
• H.R. 128, introduced by Congressman Gallegly, would establish criminal penalties for an alien who is permitted to depart voluntarily and subsequently enters, attempts to enter, or is present in the United States unlawfully.
• Restricting Cell Phones in Prisons and Jails
• H.R. 560, introduced by Congressman Brady, and S. 251, introduced by Senator Hutchinson, would permit targeted interference with mobile radio services within prison facilities.

Gangs

• S.132, introduced by Senator Feinstein, would increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs.

Cell Phones In Prisons

• S. 251, introduced by Senator Hutchinson, would permit targeted interference with mobile radio services within prison facilities.