By Rhea Arledge, Legislative Counsel

Federal Update

109th Congress (2005-2006)
The Second Session of the 109th Congress concluded with the enactment of only two appropriations bills (Department of Defense and the Department of Homeland Security). A third continuing resolution was passed on December 9 to fund all other federal agencies and programs through February 15, 2007.1 This is approximately one week after the President is expected to deliver his FY 2008 budget proposal to Congress.

What impact will the continuing resolution have on the funding of federal programs and agencies for FY 2007? Generally spending levels will be set at the lowest of the following levels:

• FY 2006 enacted level;
• FY 2007 House passed version; or
• FY 2007 Senate passed version.

For example, Byrne Memorial Justice Assistance Grants (Formula) will be funded at the FY 2006 enacted level of $324.478 million, although the House of Representatives-passed version of the FY 2007 appropriations for these grants was $444.852 million.

What happens to the remaining spending bills at the end of a Congress when a continuing resolution is adopted? It is possible that each bill can be considered individually by the new Congress; an omnibus bill incorporating all of the spending bills can be enacted; or a “year long” continuing resolution can be adopted to fund the agencies and programs through September 30, the end of the fiscal year.

It is expected that the 110th Congress will pass a “year long” continuing resolution in lieu of passing each individual spending bill separately or passing an omnibus package. This will give Congress the ability to focus on the FY 2008 appropriations process.

Due to the lack of resolution on the FY 2007 spending bills at the time of this writing and the start of the FY 2008 appropriations process, association staff will continue to monitor FY 2007 bills in conjunction with the submission of the FY 2008 budget proposal; the filing of appropriations requests; and the legislative activities on the FY 2008 spending bills.

110th Congress (2007-2008)
Members of the 110th Congress were sworn in and the first session of the 110th Congress convened on January 4. The following are the new leadership members in the House and Senate:

Senate
Majority Leader: Senator Harry Reid (Nevada)
Majority Whip: Senator Richard Durbin (Illinois)

Minority Leader: Senator Mitch McConnell (Kentucky)
Minority Whip: Senator Trent Lott (Mississippi)

House of Representatives
Speaker of the House of Representatives: Nancy Pelosi (California)
Majority Leader: Representative Steny Hoyer (Maryland)
Majority Whip: Representative James Clyburn (South Carolina)

Minority Leader: Representative John Boehner (Ohio)
Minority Whip: Representative Roy Blunt (Missouri)

Below are the new committee chairmen and ranking members on standing committees with jurisdiction over issues of importance to the National District Attorneys Association. At the time of this article committee membership was not finalized.2

Committee on the Judiciary
Senate

Majority: Patrick Leahy (VT), Chairman
Minority: Arlen Specter (PA), Ranking Member

House of Representatives
Majority: John Conyers (MI-14th District), Chairman
Minority: Lamar Smith (TX-21st District), Ranking Member

Sub-Committee on Appropriations
Senate (Commerce, Justice, Science)

Majority: Barbara Mikulski (MD), Chairwoman
Minority: Richard Shelby (AL), Ranking Member

House of Representatives (Science, State, Justice and Commerce and Related Agencies)
Majority: Alan Mollohan (WV-1st District), Chairman
Minority: Rodney Frelinghuysen (NJ-11th District), Ranking Member

The House and Senate will be in session Monday through Friday from January 4 through the expected date of adjournment, October 26, with the following recesses:

• January 15, Martin Luther King Day Recess
• February 19-23, Presidents’ Day Recess
• April 2-9, Senate Easter Recess
• April 2-13, House Easter Recess
• May 28-June 1, Memorial Day Recess
• July 2-6, Fourth of July Recess
• August 6-September 3, August Recess

Opportunity Available To Make Historic Policy/Procedural Changes in the Iraqi Criminal Justice System

Military Professional Resources, Inc. (MPRI), a federal contractor with the U. S. Department of Justice (DOJ), has asked that the National District Attorneys Association publish the following information regarding a newly created legal specialist position that will be responsible for providing guidance in the development of historic policy and procedural changes in the Iraqi criminal justice system.

The legal specialist position will deploy to Iraq and join the existing DOJ team of advisors training the investigative arm of the Commission on Public Integrity (CPI). The legal specialist will act as a conduit between Iraqi investigators and the country’s investigative judges and assist with the creation of new legal principles and procedures in the Iraqi criminal justice system.

MPRI, as part of its contractual obligation with DOJ to procure goods and services, is seeking a current or former prosecutor with extensive criminal prosecution experience in cases of public corruption and white collar crime, as well as demonstrated proficiency in the application for judicial approval and implementation of electronic surveillance. In addition, candidates should possess sensitivity for the culture and politics of Iraq, and be in good physical condition in order to keep pace with activity in a war zone. Upon selection, the candidate will be required to complete a firearms training course and a one-week military pre-deployment training orientation at Ft. Bliss, Texas. The anticipated salary will range from $175,000 to $195,000. This salary will be increased by 70 percent for hazardous duty and post-differential pay while in Iraq.

The legal specialist will typically remain inside the International Zone and will not be routinely permitted to enter the Red Zone during this one-year unaccompanied tour of duty. However, as with any employment in a war zone there are inherent risks associated.

Persons interested in this position should forward a copy of their resume to: Thomas J. Charron, Executive Director, National District Attorneys Association, 99 Canal Center Plaza, Ste. 510, Alexandria, VA 22314.

More information regarding this position can be obtained by contacting: Judson M. Ray, Senior Police Consultant, MPRI/DOJ/ICITAP, ICITAP Headquarters, 1331 F St. NW, Ste. 500, Washington, DC 20530, 703.509.3323 (MPRI), 202.305.4262 (DOJ/ICITAP), Judd.Ray@usdoj.gov

National Methamphetamine Awareness Day (November 30, 2006)

As announced in the November/December issue of The Prosecutor, November 30 was designated by President Bush as National Methamphetamine Awareness Day—a day set aside for federal, state and local authorities to educate the public about the dangers of methamphetamine use. As a part of the educational efforts that day, United States Attorney General Alberto Gonzales moderated a panel discussion on methamphetamine hosted by the George Washington University Medical Center and held on the campus of the George Washington University, Washington, D.C.

Representatives from the National District Attorneys Association were fortunate to be able to experience this interesting dialogue regarding the history of the methamphetamine epidemic; the effects of methamphetamine on the user; the federal, state and local response to the drug; the hazards to the environment and community created by methamphetamine usage; treatment of addicts; and the prevention of use. Panelists included Virginia Attorney General Robert McDonnell; Dr. Nora Volkow, Director of the National Institute on Drug Abuse (NIH); Joseph Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration; Dr. H. Westley Clark, Director of the Center for Substance Abuse Treatment (SAMHSA); and Vickie West Sickels, Research Counselor, Iowa Health.

National Association of Prosecutor Coordinators Winter Conference (December 6-8)

The National Association of Prosecutor Coordinators held their Winter Conference in Perdido Beach, Alabama, during the week of December 4 and NDAA staff was able to attend several days of these very informative and productive meetings.

Sessions included discussion on the newly created National Computer Forensic Institute in Alabama; a presentation by the National Center for Missing and Exploited Children; public relations for prosecutors as well as training and legislative roundtable discussions.

NDAA would like to extend its appreciation to the National Association of Prosecutor Coordinators and the Alabama District Attorneys Association for their hospitality during the conference.

Executive Working Group (December 13, 2006)

NDAA President Mat Heck served as chairman of the Executive Working Group for Federal-State-Local Prosecutorial Relations on December 13 held at the U. S. Department of Justice. The Executive Working Group was created “to encourage and enhance the efforts of Federal-State-Local Law Enforcement Committees and other forms of intergovernmental liaison.”

The meeting was well attended and provided a forum for open and productive discussions on a variety of issues. In attendance from the Department of Justice/Executive Office of United States Attorneys were:

• Tom Moss, United States Attorney, Idaho
• Don Washington, United States Attorney, Western District, Louisiana
• Patrick Meehan, United States Attorney, Eastern District, Pennsylvania
• Alice Fisher, Assistant Deputy Attorney General, Criminal Division, USDOJ
• Craig Haller, Project Safe Childhood Coordinator, EOUSA
• Julie Warren, Associate Director, Office of Intergovernmental and Public Liaison, USDOJ

The following participated on behalf of the National Association of Attorneys General:

• Attorney General Jim Hood, Mississippi
• Attorney General Tom Corbett, Pennsylvania
• Attorney General Charles Foti, Louisiana
• Attorney General Pat Crank, Wyoming
• Greg Zeller, Chief Deputy, Office of the Attorney General, Indiana
• Michael Shipp, Assistant Attorney General, Office of the Attorney General, New Jersey
• Lynne Ross, Executive Director, NAAG

The following members of the board of directors participated on behalf of the National District Attorneys Association:

• Mat Heck, Prosecuting Attorney, Montgomery County, Ohio
• Jim Fox, District Attorney, San Mateo County, California
• Paul Logli, Prosecuting Attorney, Winnebago County, Illinois
• Joe Hynes, District Attorney, Brooklyn, New York
• Pat Jessamy, State’s Attorney, Baltimore City, Maryland
• Mike Thomas, Prosecuting Attorney, Saginaw County, Michigan
• Tom Charron, Executive Director, NDAA

The EWG meeting agenda focused primarily on federal, state and local efforts on the Project Safe Childhood initiative announced in May 2006 by Attorney General Gonzales. A portion of the meeting was also spent on a discussion of prisoner reentry efforts at the federal, state and local levels.

Deputy Attorney General Paul McNulty provided participants with a recap of the Project Safe Childhood conference hosted by the Department of Justice on December 4-6 in Washington, D.C.; an update on the National Security Division; and a discussion of the newly released guidelines for requests by federal prosecutors for a waiver of attorney-client privilege from corporate counsel.

In addition, Mr. McNulty provided information about the National Gang Intelligence Center (NGIC) and the National Gang Targeting Enforcement and Coordination Center (GangTECC). Because gang activity is multi-jurisdictional, the goal of the centers is to connect the work being done at the local, state and federal levels regarding certain gangs.

Mississippi Attorney General Jim Hood gave a presentation on the Mississippi Cyber-Crime Center designed to facilitate prosecution, forensic analysis of evidence, and the training of law enforcement, prosecutors and judges. The center also provides information to the public to raise awareness of the issues associated with computer intrusion, Internet fraud, child exploitation, cyberstalking and identity theft. Additional information on the center can be found at http://www.ago.state.ms.us/divisions/pid/cybercrime/index.html.

Pennsylvania Attorney General Tom Corbett discussed his Internet safety program for children, parents and teachers. Additional information on the program Operation Safe Surf can be found at www.attorneygeneral.gov. United States Attorney Tom Moss (Idaho) and Don Washington (Eastern District, Louisiana) discussed their respective Project Safe Childhood strategic plans as well as implementation of the plans to date.

A short round-table discussion with Attorney General Alberto Gonzales preceded discussions on prisoner reentry efforts at the federal, state and local levels. Brooklyn District Attorney Joe Hynes discussed his Drug Treatment Alternative Program—DTAP3 and Saginaw County, Prosecuting Attorney Mike Thomas explained the Michigan Prison Initiative in detail. David Hagy, Deputy Assistant Attorney General, Office of Justice Programs discussed the two reentry programs being used at the federal level: Serious and Violent Offender Reentry Initiative (SVORI-evaluation.org) and the President’s Reentry Initiative while Stuart Rolls of the Federal Bureau of Prisons discussed their two-prong approach to reentry.

1 The first continuing resolution was adopted on 9/29/06 and was effective through November 17. The second continuing resolution was adopted on November 17 and continued the first resolution through December 8. The third continuing resolution was adopted on December 9 and continues the first resolution, as amended until February 15, 2007. The third CR amendments do not appear to substantively alter the impact of the first CR.

2 The committee membership has not been listed as it is still subject to Steering Committee and leadership approval.

3 Additional information can be found at http://www.brooklynda.org/dtap/dtap.htm.

4 Additional information can be located at http://www.nwm.org/mprimodel.asp.