[House Report 110-729]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-729

======================================================================



 
TO AUTHORIZE THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM 
                AT FISCAL YEAR 2006 LEVELS THROUGH 2012

                                _______
                                

 June 23, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3546]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 3546) to authorize the Edward Byrne Memorial Justice 
Assistance Grant Program at fiscal year 2006 levels through 
2012, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     5
Constitutional Authority Statement...............................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     6
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    H.R. 3546 amends the Omnibus Crime Control and Safe Streets 
Act of 1968 to authorize appropriations for the Edward Byrne 
Memorial Justice Assistance Grant Program in the amount of 
$1.095 billion for each fiscal year through 2012. Currently, 
authorization for the program expires at the end of fiscal year 
2009.

                Background and Need for the Legislation

    The Edward Byrne Memorial Justice Assistance Grant Program 
(Byrne-JAG) allows States and local governments to support a 
broad range of activities to prevent and control crime and to 
improve the criminal justice system.\1\ States and local 
governments have come to rely on Byrne-JAG grants to help 
ensure public safety. These grants are used to support: law 
enforcement activities; criminal prosecution and court 
programs; prevention and education; corrections and community 
programs; drug treatment, planning, and evaluation programs; 
technology improvement programs; and crime victim and witness 
programs (other than compensation).\2\ In short, they are an 
indispensable resource that States use to combat crime.
---------------------------------------------------------------------------
    \1\http://www.ojp.usdoj.gov/BJA/grant/jag.html.
    \2\Id.
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    Although Congress authorized more than $1 billion for 
fiscal year 2006,\3\ only $520 million was appropriated for 
fiscal year 2007. In fiscal year 2008, the appropriation for 
the Byrne-JAG program was cut by two-thirds, to $170.4 million. 
The President has proposed further cuts for the fiscal year 
2009 budget.
---------------------------------------------------------------------------
    \3\Section 3758 of title 42 of the United States Code authorized 
$1.095 billion for fiscal year 2006 and such sums as may be 
appropriated thereafter. 42 U.S.C. Sec. 3758.
---------------------------------------------------------------------------
    The trend toward reducing the grant funding may result, in 
part, from concerns about instances where Byrne-JAG funding may 
have been abused. For example, Byrne-JAG grants funded a rogue 
police narcotics officer's arrest in Tulia, Texas of dozens of 
people, most of them African-American, based on false cocaine 
trafficking charges. In other instances, jurisdictions used the 
funding to fund task forces that focused solely on ineffective, 
low-level drug arrests, which has put the task force concept--
and the diminished standards of drug enforcement that it has 
come to represent--in the national spotlight.
    But reducing Byrne-JAG funding should not be the answer. 
Instead, safeguards such as effective oversight of States' 
anti-drug task forces, through a collaborative establishment of 
guidelines by the United States Attorney General with State 
attorneys general, should be instituted to ensure that the 
funds are used appropriately.
    Nationwide, the Byrne-JAG grant program has resulted in 
major innovations in crime control, including drug courts, gang 
prevention strategies, and prisoner re-entry programs, all of 
which provide proven and highly effective crime prevention. 
These innovations demonstrate that the best crime policy 
incorporates programs that help at-risk youth avoid criminal 
behavior, and prepares prisoners for reentry into society so 
they have meaningful and productive alternatives to crime when 
they return home.

                                Hearings

    The Subcommittee on Crime, Terrorism and Homeland Security 
held, on May 20, 2008, 1 day of hearings on H.R. 3546. 
Testimony was received from Domingo Herraiz, Director, Bureau 
of Justice Assistance, United States Department of Justice; 
Dustin McDaniel, National Association of Attorneys General; 
James Fox, President, National District Attorneys' Association; 
Sheriff Craig Webre, President, National Sheriff's 
Organization; Ronald C. Rueker, President, International 
Association of Chiefs of Police; Ronald Brooks, President, 
National Narcotic Officers' Association Coalition, with 
additional material submitted by the Alabama Narcotics Officers 
Association, and a joint letter submitted by The American Civil 
Liberties Union, American Civil Liberties Union of Texas, The 
Brennan Center for Justice, Colorado Criminal Justice Reform 
Coalition, Community Court, Drug Policy Alliance, Drug Reform 
Coordination Network, Interfaith Drug Policy Initiative, 
Justice Policy Institute, Legal Services for Prisoners with 
Children, National Association of Blacks in Criminal Justice, 
National African-American Drug Policy Coalition, National Black 
Police Association, National Council of La Raza, Open Society 
Policy Center, Prisons Foundation, The Rebecca Project for 
Human Rights, Reentry Solutions, Tejano Center for Community 
Concerns, United Methodist Church, General Board of Church and 
Society, and Unitarian Universalist Association of 
Congregations

                        Committee Consideration

    On June 10, 2008, the Subcommittee on Crime, Terrorism, and 
Homeland Security met in open session and ordered the bill, 
H.R. 3546, favorably reported, without amendment, by voice 
vote, a quorum being present. On June 18, 2008, the Committee 
met in open session and ordered the bill, H.R. 3546, favorably 
reported, without amendment, by voice vote, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 3546.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3546, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 20, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3546, a bill to 
authorize the Edward Byrne Memorial Justice Assistance Grant 
program at fiscal year 2006 levels through 2012.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 3546--A bill to authorize the Edward Byrne Memorial Justice 
        Assistance Grant Program at fiscal year 2006 levels through 
        2012.

                                SUMMARY

    H.R. 3546 would authorize the appropriation of $1.095 
billion annually for each fiscal year through 2012 for the 
Edward Byrne Memorial Justice Assistance Grant (JAG) program. 
Current law authorizes funding for this program through fiscal 
year 2009. CBO estimates that implementing H.R. 3546 would cost 
about $3 billion over the 2008-2013 period, assuming 
appropriation of the authorized amounts. Enacting the bill 
would not affect direct spending or receipts.
    H.R. 3546 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded mandates reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 3546 is shown in the 
following table. Current law authorizes the appropriation of 
$1.095 billion for fiscal year 2006 and such sums as may be 
necessary for fiscal years 2007 through 2009 for the JAG 
program. The Congress appropriated $358 million for this 
program for 2008, however, and CBO estimated the current 
authorization level for 2009 by adjusting that amount for 
inflation.
    For this estimate, CBO assumes that the amounts authorized 
by H.R. 3546 will be appropriated by the beginning of each 
fiscal year and that outlays will follow the historical 
spending rates for these activities. We also assume that there 
will be no additional appropriations enacted for fiscal year 
2008 for the JAG program. The cost of this legislation falls 
within budget function 750 (administration of justice).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                              2008     2009     2010     2011     2012     2013
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law
  Budget Authority/Authorization Level\1\                       358      367        0        0        0        0
  Estimated Outlays                                             636      525      366      219      102       48

Proposed Changes
  Estimated Authorization Level                                   0      728    1,095    1,095    1,095        0
  Estimated Outlays                                               0      160      459      715      898      806

Spending Under H.R. 3546
  Budget Authority/Authorization Level\1\                       358    1,095    1,095    1,095    1,095        0
  Estimated Outlays                                             636      685      825      934    1,000      854
----------------------------------------------------------------------------------------------------------------
1. The 2008 level is the amount appropriated for that year for the JAG program.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 3546 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments. Assuming appropriation of 
authorized amounts, state, local, or tribal governments would 
receive an additional $3 billion over the 2008-2013 period for 
law enforcement programs. Any costs to those governments would 
be incurred voluntarily as a condition of receiving federal 
assistance.

                         PREVIOUS CBO ESTIMATE

    On March 26, 2007, CBO transmitted a cost estimate for S. 
231, a bill to authorize the Edward Byrne Memorial Justice 
Assistance Grant Program at fiscal year 2006 levels through 
2012, as ordered reported by the Senate Committee on the 
Judiciary on March 15, 2007. The two pieces of legislation are 
identical. The cost estimates for S. 231 and H.R. 3546 reflect 
different assumptions about the enactment date for the 
legislation.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell 
    (225-3220)
Impact on the Private Sector: MarDestinee C. Perez (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3546, will reauthorize the Edward Byrne-Justice Assistance 
Grant Program at $1.095 billion for each fiscal year through 
2012, which will assist States in strengthening their criminal 
justice systems.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 1 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3546 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Authorization of Grants. Section 1 amends section 
508 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968, 42 U.S.C. 3758, which currently provides that the 
authorization of the Edward Byrne-Justice Assistance Grant 
Program expires at the end of fiscal year 2009. As amended by 
section 1, section 508 authorizes $1.095 billion to be 
appropriated for each year through 2012.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

 SECTION 508 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this 
subpart $1,095,000,000 [for fiscal year 2006 and such sums as 
may be necessary for each of fiscal years 2007 through 2009.] 
for each of the fiscal years 2006 through 2012

                                  
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