On November 18, 2011, the President signed as Public Law 112-55 the Consolidated and Further Continuing Appropriations Act, 2012, (HR 2112; H.Rpt. 112-284) which provides full-year funding for programs under three appropriations bills–Agriculture; Commerce-Justice-Science; and Transportation-Housing and Urban Development. In this Memorandum, we report on the funding levels for select programs at the Department of Justice (DOJ) which includes appropriations for the Tribal Law Enforcement Assistance and COPS programs.
The Conference Report states that instructions in either the House or Senate Appropriations Committee reports (H.Rpt. 112-169 and S.Rpt. 112-78) accompanying HR 2112 are approved by the conferees unless changed by the Conference Report.
The overall FY 2012 DOJ discretionary funding is $27.4 billion, which is $18.5 million above the FY 2011 level but is $1.3 billion below the President’s request. We report below the Conference Report language and funding levels for the various DOJ programs of particular interest to tribes.
Flexible Tribal Criminal Justice Assistance Proposal Rejected. Congress did not concur with the Administration’s proposed FY 2012 funding plan of a seven percent set-aside for a new flexible tribal criminal justice assistance program, which would have resulted in well over $100 million if Congress had appropriated Office of Justice Programs, COPS and other discretionary funding at the requested levels. Instead, PL 112-55 continues to provide tribal assistance funding under a program-by-program method, albeit at significantly lower levels than either those proposed by the President or FY 2011 enacted.
Tribal Consultation. As recommended in the Senate Report, the Conference Report includes similar language that directs the Department to report on how the tribal consultation process will be utilized to coordinate DOJ/Department of the Interior programs and funding opportunities. The Conference Report states:
The conferees are aware that the Department continues to develop its formal strategy on how to enhance public safety in Indian country. Not later than 120 days after the enactment of this Act, the Attorney General shall provide the Committees on Appropriations a report on how DOJ will use the tribal consultation process to further streamline and coordinate programs and funding opportunities for Native Americans, both within DOJ and with relevant programs of the Department of the Interior. (H.Rpt. 112-284, p. 231)
The House Committee Report, which was not changed by the conferees, directed tribal consultations to include Indian treaty rights of fisheries and marine mammal protection as it relates to tribal economic and business development. The Committee Report states:
Native American Affairs.—The Committee directs that within the funds provided for Departmental Management, funds shall be made available to the extent possible to support outreach efforts of the Senior Advisor for Native American Affairs in conducting regional meetings and tribal consultations that include Indian treaty rights of fisheries and marine mammal protection that are aimed at enhancing economic and business development and trade and tourism for Native American tribes. (H.Rpt. 112-169, p. 43)
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
FY 2011 Enacted $417.6 million
FY 2012 Admin. Request $454.8 million
FY 2012 Enacted $412.5 million
Services, Training, Officers, & Prosecutors (STOP) Grants
FY 2011 Enacted $210 million
FY 2012 Admin. Request $182 million
FY 2012 Enacted $189 million
The FY 2012 funding levels for other programs with Indian set-asides or applicability are as follows:
Grants to Encourage Arrest Policies $50 million
Rural Domestic Violence Assistance Grants $34 million
Violence on College Campuses $9 million
Civil Legal Assistance $41 million
Sexual Assault Victims Services Program $23 million
Elder Abuse Grant Program $4.25 million
Safe Havens Project $11.5 million
Education & Training–Disabled Female Victims $5.75 million
Court Training and Improvements $4.5 million
Ntl. Resource Center on Workplace Responses $1 million
Consolidated Youth-Oriented Program $10 million (see below)
• Consolidated Youth-Oriented Program – $10 million. The Administration proposed to consolidate four previously funded programs (Services to Advocate for and Respond to Youth; Grants to Assist Children and Youth Exposed to Violence; Engaging Men and Youth in Preventing Domestic Violence; and Supporting Teens through Education). The FY 2011 funding for these four programs totaled $12 million. The conference bill incorporates the consolidation but at $4 million less than requested.
• Clearinghouse on the Sexual Assault of American Indian and Alaska Native Women – $500,000, as requested. The Administration requested new funds to establish a national clearinghouse on the sexual assault of American Indian and Alaska Native women. It is hoped that the clearinghouse will evolve to enable tracking emerging trends in the field and aid with the development of a global perspective on sexual assault in Indian Country.
• Violence Against Native Women – $1 million. The Administration had proposed increased funding for Research on Violence Against Indian Women to $3 million.
• Transitional Housing Assistance – $25 million, as requested. This program was previously funded under the STOP account; $18 million was appropriated in FY 2011. The purpose of this program is to provide safe and affordable transitional housing for homeless victims of domestic violence, sexual assault, dating violence, and stalking. Projects funded under this program provide a variety of support services, and help victims achieve economic independence.
OFFICE OF JUSTICE PROGRAMS
Bureau of Justice Statistics–Research, Evaluation & Statistics
FY 2011 Enacted $234.5 million
FY 2012 Admin. Request $178.5 million
FY 2012 Enacted $113.0 million
Within the above total is $500,000 for Indian Country Statistics, as requested.
State and Local Law Enforcement Assistance. State and Local Law Enforcement Activities is funded at $2.2 billion, which is $569.8 million below the FY 2011 level (excluding earmarks) and $856 million below the FY 2012 budget request. Specific amounts include:
Tribal Law Enforcement Assistance
FY 2011 Enacted $50 million
FY 2012 Admin. Request est. $139.5 million* see Flexible Tribal Criminal Justice Assistance below
FY 2012 Enacted $38 million
Flexible Tribal Criminal Justice Assistance. The conferees did not concur with the Administration’s proposed FY 2011 funding plan of a seven percent set-aside for a new flexible tribal criminal justice assistance program in lieu of dedicated tribal and tribal-eligible funding under the various State and Local Law Enforcement Assistance accounts. The flexible tribal account would have resulted in $139.5 million if Congress had appropriated Office of Justice Programs funding at the requested level. The Conference Report states:
Tribal assistance.–The conference agreement includes $38,000,000 for tribal grant programs. The conferees expect OJP to consult closely with tribal stakeholders in determining how tribal assistance funds will be allocated among grant programs that help improve public safety in tribal communities, such as grants for detention facilities under section 20109 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), civil and criminal legal assistance as authorized by title I of Public Law 106-559, tribal courts, and alcohol and substance abuse reduction assistance programs. The conferees direct OJP to submit, as part of the Department’s spending plan for fiscal year 2012, a plan for the use of these funds that has been informed by such consultation. The conferees note that the conference agreement includes additional grant funding for tribal law enforcement programs through COPS and OVW. (H.Rpt. 112-284, p. 247)
Edward Byrne Competitive Grants
FY 2011 Enacted $40 million
FY 2012 Admin. Request $25 million
FY 2012 Enacted $15 million
Funds may be used for a variety of purposes including preventing crime, improving administration of justice, and providing services to crime victims. Tribal governments are among those eligible to apply for these funds.
Bulletproof Vests Partnerships
FY 2011 Enacted $30 million
FY 2012 Admin. Request –0–
FY 2012 Enacted $24 million
This program reimburses law enforcement agencies (including tribal programs) for up to 50 percent of the cost of each vest purchased for eligible public safety officers. This program was previously funded under the COPS Programs.
Implementation of the Adam Walsh Act
The bill provides $20 million of the requested $30 million to fund a new discretionary grant program to provide funding for start-up and ongoing maintenance costs associated with implementation of the Sex Offender Registration and Notification Act (SORNA). The budget justification stated “…costs may cover information technology infrastructure development and enhancement for sex offender registry systems, personnel costs for SORNA implementation activities such as sex offender records review, and the development of new policies and procedures needed to fully implement SORNA.”
Attorney General’s Initiative on Children Exposed to Violence
The bill provides $10 million of the Administration’s requested $25 million for this new initiative that will be coordinated with the Department of Health and Human Services. Among the several components that were to comprise the Initiative was the “Seed” Grants for Coordinated Services at State, Local, and Tribal Levels ($5.0 million). This funding would support grants to communities and states to implement evidence-based intervention and treatment activities for children exposed to violence. The outcome on whether the seed grants will be funded and at what level will not be known until the DOJ files its final spending plan.
Preventing Violence Against Law Enforcement and Ensuring Officer Resilience and Survivability Initiative (VALOR)
Instead of the requested $3.5 million in new funds, the conferees provided
$2 million within the overall Byrne Memorial Justice Assistance Grants (JAG) to fund a new national officer safety training and technical assistance program. As proposed, tribes are eligible for this program.
Community Oriented Policing Service (COPS) Grants
FY 2011 Enacted $494.9 million
FY 2012 Admin. Request $709.8 million
FY 2012 Enacted $198.5 million
FY 2011 Enacted $40.3 million
FY 2012 Admin. Request –0–
FY 2012 Enacted $12.5 million
This program provides grants to state and local law enforcement for activities related to the removal and disposal of hazardous materials from meth labs. The law contains language to make tribal governments and territories eligible for these grants. The FY 2012 funds will be transferred to and administered by the Drug Enforcement Administration.
COPS Hiring Program
FY 2011 Enacted $298 million
FY 2012 Admin. Request $600 million
FY 2012 Enacted $166 million
These funds are used to award hiring grants to state, local, and tribal law enforcement programs to assist in meeting the Administration’s goal of adding an additional 50,000 community policing officers throughout the country.
COPS Policing Development
FY 2011 Enacted $12.0 million
FY 2012 Admin. Request $20.5 million
FY 2012 Enacted ($10.0 million)
The bill does not provide separate funding for this program, instead allocating $10 million from within the total $166 million provided for COPS Hiring. Grant funds are provided to state, local, and tribal governments for purposes including implementing community policing through training and technical assistance and developing innovative community policing strategies.
COPS Tribal Hiring. As previously noted, the Administration proposed a seven percent set-aside for tribal programs, which would have resulted in $42 million for the hiring tribal law enforcement officers if COPS Hiring was funded at the requested level. Congress did not agree to this proposal. Instead, the bill provides $15 million from within the above COPS Hiring Grants total to be transferred to the Tribal Resources Grant Program, as explained below.
Tribal Resources Grant Program (TRGP)
FY 2011 Enacted $40 million
FY 2012 Admin. Request $20 million
FY 2012 Enacted $20 million
The bill provides $20 million in direct appropriations and $15 million transferred from COPS Hiring for the Tribal Resources Grant Program. The combined resources can be used as follows:
The conference agreement provides a total of $35,000,000 in funding targeted entirely to tribal communities through the TRGP. Within the TRGP, $20,000,000 is provided through direct appropriations and $15,000,000 is provided by transfer from the COPS Hiring program. The conferees note that all funds available to the TRGP may be used for equipment and hiring or training of tribal law enforcement. (H.Rpt. 112-284, p. 249)
Law Enforcement Technology and Interoperability Program (COPS Technology Grants)
FY 2011 Enacted $170.2 million
FY 2012 Admin. Request –0–
FY 2012 Enacted –0–
The Administration did not request, nor did Congress provide, funding for the COPS technology program. The program provided funding to entities to upgrade their telecommunications and information technology infrastructure.
Juvenile Justice Programs
FY 2011 Enacted $275.4million
FY 2012 Admin. Request $280.0 million
FY 2012 Enacted $262.5 million
From the above total, the bill provides $20 million for the Juvenile Justice Incentive Grants, which includes $10 million for tribal youth grants ($25 million in FY 2011). Funds may be used for delinquency prevention, alcohol and substance abuse prevention and other programs intended for at-risk youth.
The Administration had proposed that the Juvenile Justice formula programs and Incentive Grants be consolidated under a new Race to the Top-Style Juvenile Incentive System Improvement Grants program ($120 million requested). The dedicated amount for tribal youth grants was proposed to be replaced by the Flexible Tribal Criminal Justice Assistance seven percent set-aside. The Congress did not concur with the proposal and instead provides dedicated funding.
Victims of Child Abuse Programs – $18 million in FY 2012; $20 million in
FY 2011. These funds are allocated for several programs, including the Regional Child Advocacy Centers (RCACs) and the National Children’s Alliance (NCA), which have established a number of joint initiatives—including the support and development of tribal Child Advocacy Centers.
Youth Mentoring – $78 million in FY 2012; $100 million in FY 2011. Funds are used for competitive grants to support national, regional and local organizations in nurturing and mentoring at-risk children and youth.
Please let us know if we may provide additional information regarding FY 2012 appropriations for Department of Justice programs.