State of the Union Law Enforcement Initiatives
In his State of the Union speech, President Bush outlined two programs that have direct impact on local law enforcement — integrating prisoners back into their communities and combating juvenile drug abuse. While details and funding for the programs are still preliminary, the basics are outlined below.
One note of caution, the president announced his Advancing Justice Through DNA Technology initiative last year and called for $232.6M in funding for this fiscal year; Congress answered by providing $100M. Congressional response to the presidential Fiscal Year 2005 (FY05) funding requests for these programs will be played out in the upcoming budget debates.
Integrating Prisoners Back into Their Communities
The president proposed a four-year, $300 million initiative to reduce recidivism by helping former inmates find work when they return to their communities. The initiative would have faith-based and community organizations use their resources and experience to help returning inmates.
Studies cited by the White House show that approximately two-thirds of ex-offenders are rearrested within three years of release. This year, more than 600,000 adult inmates will complete their sentences and be released. To help ex-offenders stay away from crime, a substantial number of inner-city faith-based and community leaders have created resourceful programs. Working with business and service providers, these organizations provide job training, housing options and transitional services that help ex-offenders contribute to their communities.
This proposal expands on elements of pilot programs now underway at the Department of Labor under the Ready4Work initiative. Ready4Work is a $22.5 million partnership bringing together businesses, the criminal justice system and faith-based organizations to reduce recidivism by helping ex-offenders successfully transition back into their communities.
Juvenile Substance Abuse
According to research from the Substance Abuse and Mental Health Services Administration, approximately 1.4 million American teenagers between the ages of 12 and 17 are in need of drug treatment. Data also show that if a child does not start using drugs in his or her teen years, he or she is much less likely to develop a substance abuse problem later. A leading national survey found 400,000 fewer drug users among eighth, 10th and 12th graders. This represents an 11 percent decline in drug use among these age groups, ahead of the president’s two-year goal of a 10 percent decline. The president’s budget for FY05 will include $25 million, a $23 million increase for student drug testing program grants and an extension of the benefits of early intervention programs.
A portion of the program will encourage professional athletes to serve as role models for young athletes. He called on major sports leagues and athletes to end the use of performance-enhancing drugs. Their use by even a minority of elite athletes sets a dangerous example for millions of young Americans, encouraging young people to take dangerous risks with their health and safety. The president will ask major sports leagues and athletes to implement stringent drug policies to set a healthier and more positive example for America’s young people. These policies will also protect the integrity of their sport and ensure the health and well-being of athletes.
Fiscal Year 2005 Appropriations
The ink was barely dry on the president’s signature on the FY04 omnibus appropriations bill (covering October 1, 2003–September 30, 2004) when his budget for FY05 had to be submitted to Congress.
Normally, the next step would be for respective houses to “divvy” up the anticipated funds available in a budget resolution (non-binding) and allocate them to the separate appropriations subcommittees to use as benchmarks in developing the 13 separate appropriations bills. This step has been circumvented for the upcoming fiscal year by the passage last year of a two-year budget resolution. In theory, this will speed up the appropriations process this year.
Then, using the president’s budget request as a template, the appropriations for the federal departments and agencies (the congress and the judiciary are developed by the respective congressional committees) are ultimately passed in comparable versions by both houses and signed into law, all before the end of the current fiscal year.
Except that it never works like that.
As you can see from the following budget summary, which depicts the funding areas most pertinent to local prosecutors, Congress has its own ideas on spending.
This is also an election year, placing extra pressure on the process. Members of Congress don’t want to spend any more time in Washington then necessary. However, they also don’t want to lose any lagniappe they have acquired for their home districts.
To complicate matters, fiscal conservatives will want to limit or cut funding to states and localities and cut taxes, while fiscal moderates and liberals will want to continue funding for more discretionary and social-based programs. The congressional schedule doesn’t help matters. At this time they are scheduled to be out from February 16-20; April 5-16; May 24-31; June 28-July 5; July 26–September 6 and adjourn by October 1 (the start of the new fiscal year).
While local law enforcement funding has traditionally come in large part from the DOJ, the budget for the Department of Homeland Security also has significant impact on local issues. Note that while the COPS funding has significantly decreased in the DOJ budget request, it is more than made up for in DHS’s first-responder funding. Also, note that while the SCAAP funding is zeroed out for DOJ, there would appear to be funds for a comparable program under DHS immigration initiatives.
Department of Homeland Security. The budget request for the Department of Homeland Security (DHS) is $40.2B, a 10 percent increase from FY04. One significant expenditure is a management infrastructure for the new department including $133.5M to implement a new DHS personnel system; $37M for the Homeland Security Operations Center; and $121.1M for ongoing costs to establish a DHS headquarters facility.
The key themes of the DHS budget are:
Strengthening Border and Port Security. $411M in new funding to maintain and enhance border security activities, including the expansion of pre-screening cargo containers in high-risk areas and the detection of individuals attempting to illegally enter the United States.
Included in this funding are: the Visitor and Immigrant Status Indicator Technology program to screen travelers; aerial surveillance and sensor technology to increase effectiveness of border control; Radiation Detection Monitors to screen passengers; intelligence systems to identify high-risk cargo and passengers; and the Customs Trade Partnership Against Terrorism, focusing on partnerships to improve security along the entire supply chain, starting on the factory floor.
Enhancing Biodefense. $2.5B for Project BioShield for the development and pre-purchase of necessary medical countermeasures against weapons of mass destruction, and improved bio-surveillance by expanding air monitoring for biological agents in high-threat cities and high-value targets such as stadiums and transit systems.
Information Analysis and Infrastructure Protection. $864.6M for the Information Analysis and Infrastructure Protection Directorate, to enhance capabilities to receive intelligence and information from an expanded set of sources, to assess the vulnerabilities of the nation’s assets and critical infrastructure, to assess consequences and to add capabilities in remediation and protective actions.
Improving Aviation Security. $890M is provided for aviation security to improve integration of explosive detection system equipment into airports’ baggage processing and to enhance the Federal Air Marshal Service.
Support for State and Local First Responders. $3.6B to support first-responder grants with the allotment of more of the funds to high-threat areas. DHS will continue grants for law enforcement terrorism prevention efforts, and direct grants to improve fire departments’ response to terrorism and other major incidents.
Enhancing Immigration Security and Enforcement. $186M would fund improvements in immigration enforcement. $108M would expand ongoing fugitive apprehension efforts and the removal from the United States of jailed offenders; and support additional detention and removal capacity; $78M would be used to find individuals in the United States who are in violation of immigration laws or who are engaging in immigration-related fraud.
Department of Justice Budget. The president’s FY05 budget proposal for the Department of Justice (DOJ) is $22.1B. This is a 4.5 percent increase in funding for federal law enforcement and an 11.4 percent increase for the FBI. It also includes 123 new agents for the DEA to offset those FBI agents who had been engaged in drug investigations and were diverted to terrorism assignments after 9/11.
In one disturbing note, the budget apparently envisions that the FBI would begin charging local law enforcement for the use of its national laboratory, with the goal of collecting $35M a year.
DOJ’s strategic plan contains four goals that are the basis of their FY05 budget request:
- Strategic Goal 1: Prevent terrorism and promote the nation’s security, $2.81B.
- Strategic Goal 2: Enforce federal laws and represent the rights and interests of the American people, $9.10B.
- Strategic Goal 3: Assist state, local, and tribal efforts to prevent or reduce crime and violence, $3.33B.
- Strategic Goal 4: Ensure the fair and efficient operation of the federal justice system, $6.97B.
Goal 1: Protecting the American People by Preventing Terrorist Acts. DOJ’s top priority is to provide funding for federal law enforcement counter-terrorism investigative capabilities to identify, track and prevent terrorist cells from operating in the U.S. and overseas as well as for enhancing its counterintelligence analysis capabilities. The FBI gets, by far, the lion’s share of funding in this category. In total, it is targeted to receive 948 new positions and $5.1B (27 percent of the total funding for DOJ), of which $326M is for counter-terrorism activities.
Goal 2: Enforcing Federal Laws and Representing the Rights and Interests of the American People. This goal incorporates many of the traditional federal law enforcement functions including drug enforcement, gun crime enforcement, corporate fraud and crimes against children.
Drug Enforcement. The DOJ FY 2005 Budget asks for $25.1M for the Organized Crime Drug Enforcement Task and $48.9M million for the Drug Enforcement Administration.
Gun Crimes Enforcement. Project Safe Neighborhoods (PSN) would receive $95.7M, of which $3M is for U.S. attorneys, $16.2M for the Bureau of Alcohol, Tobacco, Firearms and Explosives, and $76.5M for the Office of Justice Programs (OJP). The OJP programs would include: $15.75M for state and local PSN projects; $19.3M for Project Sentry (to reduce juvenile gun violence); and $56.2M for the National Criminal History Improvement Program to be used, in part, to provide grants to states to improve their criminal history and related records so that they are complete and accurate and available for use by federal, state and local law enforcement.
Combating Corporate Fraud. The FY05 budget requests $1.45 million in additional resources to combat corporate fraud.
Crimes Against Children and Obscenity. The president’s FY05 budget provides increases of $13M to fund federal efforts to protect our children from pornography and exploitation; to stop Internet crime against children; to prosecute adult obscenity offenses; and to create a nationwide AMBER Alert network.
Goal 3: Assisting State, Local and Tribal Efforts to Prevent or Reduce Crime and Violence. The budget requests $2.06B in new and directed funding to state, local and tribal governments, strengthening their criminal and juvenile justice capabilities by providing grant monies, training, technical assistance and other services. This is, in part, the new JAG grant.
It would also provide funding for the president’s Advancing Justice Through DNA Technology. The request is for $175.8M.
These programs, which will improve the nation’s capacity to prevent and control crime, administer justice and assist crime victims include:
State and Local Anti-Terrorism Training Program. A new program, the FY05 budget proposes $11M for this initiative.
Offender Re-entry. $15M for DOJ programs; other funding from the Departments of Labor and Housing and Urban Development.
Goal 4: Ensuring the Fair and Efficient Operation of the Federal Justice System. Operating funds for the federal justice system.
Fiscal Year Funding Comparisons
Byrne Memorial Grants
FY02: $594.5M (Formula Grants $500M/Discretionary Grants $94.5M)
FY03: $650.9M (Formula Grants $500M/Discretionary $150.9M)
FY04 Presidential Request: 0
FY04 Final: $659M (Formula Grants $500M/Discretionary Grants $159M)
FY05 Presidential Request: 0
Local Law Enforcement Block Grants (LLEBG)
FY02: $400M
FY03: $400M
FY04 Presidential Request: 0
FY04 Final: $225M
FY05 Presidential Request: 0
Justice Assistance Grant (JAG) Program
FY03: 0
FY04 Presidential Request: $599.7M
FY04 Final: 0
FY05 Presidential Request: $586M
Juvenile Accountability Incentive Block Grants (JAIBG)
FY02: $249.5M
FY03: $190M
FY04 Presidential Request: 0
FY04 Final: $60M
FY05 Presidential Request: 0
Drug Courts
FY02: $50M
FY03: $45M
FY04 Presidential Request: $64.4M
FY04 Final: $38.5M
FY05 Presidential Request: $67.5M
Violence Against Women Act (VAWA) Programs
FY02: $390.6M
FY03: $390.2M
FY04 Presidential Request: $373.5M
FY04 Final: $387.6M
FY05 Presidential Request: $362.5M
Juvenile Justice Programs
FY02: $305.9M
FY03: $275M
FY04 Presidential Request: $222.7M
FY04 Final: $352.7M (includes JAIBG grants)
FY05 Presidential Request: $180.4M
DNA Programs
FY04 Presidential Request: $174.4M
FY04 Final: $100M
FY05 Presidential Request: $175.8M
State Criminal Alien Assistance Programs (SCAAP)
FY02: $565
FY03: $250M
FY04 Presidential Request: 0
FY04 Final: $300M
FY05 Presidential Request: 0
Community Prosecution
FY02: Southwest Border Initiative: $50M/Gun Violence Reduction: $49.7M
FY03: Southwest Border Initiative: $40M/Gun Violence Reduction: $45M
FY04 Presidential Request: Southwest Border Initiative: $49.4M/Gun Violence Reduction: $49.2M
FY04 Final: Southwest Border Initiative: $30M/Gun Violence Reduction: $30M
FY05 Presidential Request: Southwest Border Initiative: $47.4M/Gun Violence Reduction: $45.1M
Community Oriented Policing (COPS) Program
FY02: $1.05B
FY03: $928.9M
FY04 Presidential Request: $163.7M
FY04 Final: $756.3M (includes the Community Prosecution funding shown above)
FY05 Presidential Request: $97.1M
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