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110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-784

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



 
 TO AUTHORIZE FUNDING TO CONDUCT A NATIONAL TRAINING PROGRAM FOR STATE 
                         AND LOCAL PROSECUTORS

                                _______
                                

 July 29, 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. 6083]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 6083) to authorize funding for the National Advocacy 
Center, having considered the same, reports favorably thereon 
with amendments and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendments...................................................     1
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Constitutional Authority Statement...............................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     7

                             The Amendments

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. TRAINING FOR STATE AND LOCAL PROSECUTORS.

  The Attorney General is authorized to award a grant to a nonprofit 
organization (such as the National District Attorneys Association) to 
conduct a national training program for State and local prosecutors for 
the purpose of improving the professional skills of State and local 
prosecutors and enhancing the ability of Federal, State, and local 
prosecutors to work together.

SEC. 2. COMPREHENSIVE CONTINUING LEGAL EDUCATION.

  The Attorney General may provide assistance to the grantee under 
section 1 to carry out the training program described in such section, 
including comprehensive continuing legal education in the areas of 
trial practice, substantive legal updates, support staff training, and 
any other assistance the Attorney General determines to be appropriate.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Attorney General to 
carry out this Act $6,500,000 for each of the fiscal years 2009 through 
2012, to remain available until expended.

  Amend the title so as to read:

    A bill to authorize funding to conduct a national training 
program for State and local prosecutors.

                          Purpose and Summary

    H.R. 6083 will authorize the United States Attorney General 
to grant funding for providing State and local prosecutors with 
specialized training to prosecute difficult crimes such as 
child and elder abuse, identity theft, and gang-related 
activities, as well as crimes presenting complex evidentiary 
issues involving the use of DNA. In the past, the Attorney 
General has provided funding through various grant programs 
(most often Byrne-Justice Assistance Grants), to the National 
District Attorneys Association (NDAA) for this purpose. 
Unfortunately, funding for this critical training has decreased 
in recent years, primarily because the NDAA has had to compete 
with other grant applicants for increasingly scarce resources. 
By authorizing a separate appropriation, H.R. 6083 better 
ensures that State and local prosecutor training programs will 
receive this important assistance.

                Background and Need for the Legislation

                                OVERVIEW

    Since 1998, the NDAA provided valuable training for 
approximately 3,000 State and local prosecutors each year at 
the Ernest F. Hollings National Advocacy Center (NAC). The NDAA 
uses the NAC to equip the Nation's prosecutors with advocacy 
skills to represent their communities and constituents 
effectively in the courtroom in order to ensure community 
safety. It provides prosecutors with specialized knowledge and 
skills needed to: (1) effectively prosecute difficult crimes 
such as child/elder abuse and identity theft; (2) address 
quality of life issues in their communities such as gang-
related activities; and (3) proficiently handle complex 
evidentiary issues, such as the use of DNA.
    The NAC was originally envisioned by Attorney General 
Griffin Bell during the Carter Administration as a center for 
training the Nation's prosecutors. The concept was introduced 
to the NDAA by Attorney General William Barr during the first 
Bush Administration. During the Clinton Administration, then 
NDAA President Mike Barnes and Attorney General Janet Reno 
entered into a Memorandum of Understanding to construct and 
operate the NAC as a joint effort by NDAA and the Department of 
Justice.

                    FUNDING HISTORY AND DIFFICULTIES

    Historically, NDAA's training program at the NAC has been 
funded through Justice Department appropriations, specifically 
through the Edward Byrne Memorial Grants Program (Byrne-JAG). 
For fiscal year 2005, the NAC received $4.75 million through 
Byrne-JAG. For fiscal year 2006, the NAC was funded through the 
Appropriations Act for the Department of Justice, which 
specifically designated that the funding ($4.5 million) come 
from the Project Safe Neighborhoods Program.
    For fiscal year 2007, a year-long continuing resolution was 
passed and it did not include the $4.5 million funding for the 
NAC. The continuing resolution did, however, provide that the 
funds for the Byrne JAG and COPS programs would be appropriated 
to the Justice Department's Office of Justice Programs to be 
distributed through the competitive grant process. The NDAA 
applied for funding for the training program under two separate 
grants (fiscal year 2007 Byrne- JAG and the State and Local 
Prosecutors National Training Program). The Association 
received $2 million in funding from the State and Local 
Prosecutors National Training Program, but received no funding 
through the Byrne Discretionary Grants program.
    During the appropriations process for fiscal year 2008, 
Senator Lindsey Graham (R-SC) submitted to the Senate Commerce, 
Justice and Science Appropriations Subcommittee a request that 
$6.5 million be appropriated for the NAC. Although the Senate 
passed appropriations legislation that included $5 million for 
training at the NAC by the NDAA, its House counterpart did not 
include any such funding. Ultimately, the Consolidated 
Appropriations Act, FY 2008 enacted into law likewise did not 
include any funding for the NDAA's training program at the NAC.
    The NDAA has been advised by the Justice Department that 
$16 million in Byrne competitive grants are available for 
application by national organizations. Unfortunately, it is not 
likely that the NDAA will receive the previously requested $6.5 
million given the limited amount of funds and the potential 
number of grantees. Consequently, the NDAA has been forced to 
lay off four employees from its Education Division (comprised 
of the National College of District Attorneys and NAC staff) 
and terminate one contract employee. In addition, four 
employees from the Education Division have left the Association 
since January 2007 and, as a result of limited funding, have 
not been replaced.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
6083.

                        Committee Consideration

    On July 16, 2008, the Committee met in open session and 
ordered the bill, H.R. 6083, favorably reported with an 
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. 6083.

                      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. 6083, 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, July 18, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
completed the enclosed cost estimate for H.R. 6083, a bill to 
authorize funding to conduct a national training program for 
State and local prosecutors.
    If you wish futher details on this estimate, we will be 
pleased to provide them. The CBO staff contact for this 
estimate is Leigh Angres, who can be reached at 226-2860.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 6083--A bill to authorize funding to conduct a national training 
        program for State and local prosecutors.

                                SUMMARY

    H.R. 6083 would authorize the appropriation of $6.5 million 
a year over the 2009-2012 period for the Department of Justice 
(DOJ) to award a grant for a national training program for 
State and local prosecutors. CBO estimates that implementing 
the legislation would cost $26 million over the 2009-2013 
period. Enacting H.R. 6083 would not affect direct spending or 
revenues.
    H.R. 6083 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 costs of this legislation fall within budget function 
750 (administration of justice). The estimated budgetary impact 
of H.R. 6083 is shown in the following table. For this 
estimate, CBO assumes that the legislation will be enacted near 
the start of 2009 and that the authorized amounts will be 
appropriated each year. Estimated outlays are based on 
historical spending patterns for similar DOJ grant programs.

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                    2009   2010   2011   2012   2013   2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level                                                    7      7      7      7      0          26

Estimated Outlays                                                      6      7      7      7      1          26
----------------------------------------------------------------------------------------------------------------
Note: Amounts do not sum to totals because of rounding.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 6083 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on State, 
local, or tribal governments.

                         PREVIOUS CBO ESTIMATE

    On May 23, 2008, CBO transmitted a cost estimate for S. 
2942, a bill to authorize funding for the National Advocacy 
Center, as ordered reported by the Senate Committee on the 
Judiciary on May 15, 2008. S. 2942 and H.R. 6083 are similar, 
and their estimated costs are identical.

                         ESTIMATE PREPARED BY:

Federal Costs: Leigh Angres (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell 
    (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Theresa Gullo
Deputy 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. 
6083 will authorize funding for a national training program for 
State and local prosecutors.

                   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 18 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 6083 does not contain any 
limited tax benefits or limited tariff benefits as defined in 
clause 9(e) or 9(f). The Committee is treating the bill, which 
authorizes a grant in a specific amount to a specific entity, 
as an earmark, as defined in clause 9(d), and is treating the 
sponsor of the bill, Representative John Spratt (SC-5), as the 
requester; the National District Attorneys Association, which 
operates its training program at the National Advocacy Center 
on the University of South Carolina Campus in Columbia, South 
Carolina, as the recipient; and the authorization, $6.5 million 
per year for each of fiscal years 2009-2012, as the requested 
amount.



                      Section-by-Section Analysis

    Sec. 1. Training at the National Advocacy Center. Section 1 
authorizes the United States Attorney General to grant funding 
to a non-profit organization (such as the National District 
Attorneys Association) to use the National Advocacy Center for 
improving the skills of state and local prosecutors and to 
enable them to work more productively with Federal prosecutors.
    Sec. 2. Comprehensive Continuing Legal Education. Section 2 
provides that the Attorney General may assist in carrying out a 
comprehensive continuing legal education in the areas of trial 
practice, substantive legal updates, and support staff training 
authorized by section 1
    Sec. 3. Authorization of Appropriations. Section 3 
authorizes appropriations in the amount of $6.5 million for 
each of fiscal years 2009 through 2012 to carry out this Act.