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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
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
The Amendments................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
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 are as follows:
Strike all after the enacting clause and insert the
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
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
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.
The Committee on the Judiciary held no hearings on H.R.
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.
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
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
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
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.
Peter R. Orszag,
Honorable Lamar S. Smith.
H.R. 6083--A bill to authorize funding to conduct a national training
program for State and local prosecutors.
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
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
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
Impact on the Private Sector: Paige Piper/Bach (226-2940)
ESTIMATE APPROVED BY:
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
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
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.