Policy Issues

Webb Crime Commission bill
During floor time for the FY’12 “Minibus” package, which included the FY’12 Commerce-Justice-Science spending package, Senator Webb’s National Criminal Justice Commission Act was offered as an amendment by him as a last-ditch effort to move his bill in 2011. NDAA has voiced its opposition to this bill in the past and circulated its reasons for opposition to Senate offices prior to floor debate. NDAA’s opposition was also noted on the Senate floor by Senator Tom Coburn of Oklahoma and Senator Kay Bailey Hutchison of Texas during the debate. The amendment ultimately failed to garner enough support for passage (57-43; 60 votes needed to pass).

Since the failed vote on the amendment, NDAA has met and worked closely with Senator Webb’s office and made several suggestions to improve the bill, including increasing the length of time it takes to create such a study (currently an 18-month timetable), refining the focus of the study and improving on the current process to select the study’s commissioners.

Forensics Reform
NDAA continues to work closely with Senator Leahy’s Judiciary Committee staff and with other law enforcement stakeholder groups and crime lab advocacy groups on the formulation of a “second draft” of a comprehensive forensics reform bill. While Senator Leahy’s original forensics reform bill was an earnest effort to address concerns raised in the National Academy of Sciences’ report on forensic sciences, unfortunately there were problems with some of the legislative language contained in the bill and concerns were raised by all sides on the issue. A re-draft could be introduced by Senator Leahy as early as February.

In addition to Senator Leahy’s efforts on forensic science reform in the Senate Judiciary Committee, Senator Rockefeller from West Virginia and Chairman of the Senate Commerce Committee held a hearing in December on the subject. NDAA prepared and submitted a Statement for the Record, which was placed in the hearing record. Based on the tone and debates raised in this hearing, there is the potential for additional legislation on forensic sciences being introduced outside of the Senate Judiciary Committee during 2012.

Electronic Communications Privacy Act (ECPA) Reauthorization
While broad ECPA Reauthorization efforts have stalled in recent months since Senator Leahy introduced a bill on the subject early in 2011, it looks as if several sections of ECPA regarding cyber security and online piracy may be addressed early on in 2012. NDAA has met with both House and Senate Judiciary Committee staffers during December on ECPA and we continue to participate in law enforcement advocacy group meetings to discuss potential bill language for a broad-based reform bill for ECPA. Last authorized in 1986, ECPA could end up being reauthorized section-by-section as legislative solutions are needed. NDAA will be sure to keep you updated on any further developments.

As always, we will keep an ear to the ground on all issues important to NDAA and America’s state and local prosecutors and will update each of you as important events arise.

Jason Baker
Director of Government Affairs
National District Attorneys Association