[Congressional Record Volume 158, Number 144 (Tuesday, November 13, 2012)]
[Senate]
[Page S6733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        REQUEST FOR CONSULTATION

  Mr. COBURN. Mr. President, I ask consent that the following letter be 
printed in the Congressional Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  U.S. Senate,

                                                November 13, 2012,
     Hon. Mitch McConnell,
     Senate Minority Leader,
     U.S. Senate, Washington, DC.
       Dear Senator McConnell: I am requesting that I be consulted 
     before the Senate enters into any unanimous consent 
     agreements or time limitations regarding H.R. 6062, Edward 
     Byrne Memorial Justice Assistance Grant Program 
     Reauthorization Act of 2012.
       I support the goals of this legislation and believe state 
     and local law enforcement agencies are a vital part of the 
     criminal justice system in this country. However, I believe 
     the responsibility to support, fund, and hold accountable 
     state and local law enforcement agencies lies with the states 
     and local communities these brave law enforcement officers 
     serve. Furthermore, while I do not believe this issue is the 
     responsibility of the federal government; if Congress does 
     act, we can and must do so in a fiscally responsible manner. 
     My concerns are included in, but not limited to, those 
     outlined in this letter.

  While this bill is well-intentioned, it could cost the American 
people approximately $800 million per year for 5 years without 
corresponding offsets, totaling $4 billion. Furthermore, with the 
exception of the extra stimulus funding in 2009 through the American 
Recovery and Reinvestment Act (ARRA), the Byrne Justice Assistance 
Grant Program (JAG) has never received funding at the level authorized 
in this legislation. According to the Congressional Research Service 
(CRS), JAG funding has averaged $461 million per year since its first 
appropriation in FY 2005, and appropriations have actually been 
trending downward since that time. Without including the 2009 ARRA 
funding, the most Congress has ever appropriated to Byrne JAG in a 
single year is $546 million in FY 2009. I recognize this legislation 
reduces the overall authorization for the Byrne JAG program; however, I 
do not believe this reduction is sufficient to address the growing 
federal spending problem in this country.

       It is irresponsible for Congress to jeopardize the future 
     standard of living of our children by borrowing from future 
     generations. The U.S. national debt is now over $16 trillion. 
     That means over $51,000 in debt for each man, woman and child 
     in the United States. A year ago, the national debt was $14.7 
     trillion. Despite pledges to control spending, Washington 
     adds billions to the national debt every single day. In just 
     one year, our national debt has grown by $19 trillion or 
     8.8%.
       In addition to these fiscal concerns, there are several 
     problems specific to this legislation. First, the Byrne JAG 
     program duplicates other sources of federal funding. State 
     and local governments can use Byrne JAG funds for projects in 
     seven different purpose areas: (1) law enforcement programs; 
     (2) prosecution and court programs; (3) prevention and 
     education programs; (4) corrections and community corrections 
     programs; (5) drug treatment programs; (6) planning, 
     evaluation, and technology improvement programs; and (7) 
     crime victim and witness programs. Several of these broad 
     purpose areas are already covered by other federal grant 
     programs including Community Oriented Policing Services 
     (COPS), Second Chance Act grants, drug and mental health 
     court grants, and the Debbie Smith DNA Backlog Grant program, 
     among others.

  Second, Congress, particularly the Senate, has not performed 
sufficient oversight of the Byrne JAG program to justify its 
reauthorization at this time. Before reauthorizing this or any program, 
Congress should perform oversight to determine how a grant program is 
performing, evaluate how grantees use federal funds, measure the 
results of the program, and analyze whether there are other federal 
programs funding the same purposes. In my federal deficit reduction 
plan, Back in Black, I noted that critics on the right and left, along 
with the Department of Justice Office of the Inspector General, agree 
Byrne JAG experiences waste, fraud, and abuse in a variety of ways and 
should be reformed. Thus, I do not believe Congress should blindly 
reauthorize this program without oversight through a detailed review of 
its policies and practices.

       Finally, I do not believe the federal government has the 
     authority under the Constitution to provide federal funds to 
     state and local governments for use on state and local 
     criminal justice systems. Article I, Section 8 of the 
     Constitution enumerates the limited powers of Congress, and 
     nowhere are we tasked with funding or becoming involved with 
     state and local criminal issues.

  There is no question state and local law enforcement play a vital 
role in maintaining order and safety in many communities. However, I 
believe this issue is the responsibility of the states and not the 
federal government. Despite these constitutional limitations, if 
Congress does act in this area we should evaluate the program as most 
American individuals and companies must do with their own resources; we 
should review current programs, determine any needs that may exist, and 
prioritize those needs for funding by cutting from the federal budget 
programs fraught with waste, fraud, abuse, and duplication.
           Sincerely,
                                              Tom A. Coburn, M.D.,
     United States Senator.

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