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 In 1997, Hobbs Straus lawyers assisted the Susanville Indian Rancheria become one of the first tribes in the country to use the provisions of ISDEAA to successfully acquire Department of Army surplus property in trust under the Base Realignment and Closure Act.

General Memorandum 12-093

General Memorandum 12-093
Status of FY 2013 Department of Justice Appropriations

This Memorandum reports on the status of the Department of Justice (DOJ) appropriations as contained in the FY 2013 Commerce, Justice, Science and Related Agencies appropriations bill (HR 5326, H.Rpt. 112-463 and S 2323, S.Rpt. 112-158). On April 19, 2012, the Senate Appropriations Committee approved and reported S 2323 for full Senate consideration. The House approved its version on May 10, by a vote of 247 to 163.

Current expectations are that Congress will not enact FY 2013 funding bills prior to the beginning of the fiscal year (October 1) and that funding will be provided under a Continuing Resolution (CR) lasting past the November election and possibly into the next Congress. We report on pending FY 2013 appropriations bills as they may have an effect on a CR and/or on final appropriations bills.

The House and Senate Committee bills rejected the Administration's budget proposal to eliminate a number of funding categories and to consolidate a number of programs, including creating a seven percent set-aside for a new flexible tribal criminal justice assistance program, in lieu of the present method of tribal set-asides under various grant programs. Instead, the House and Senate Committee bills utilize the budget structure and categories (unless otherwise specified) as in previous years. Thus, tribal assistance would continue to be provided on a program-by-program basis.

The Administration requested $27.46 billion for the FY 2013 DOJ discretionary funding level, which compares to the House bill and FY 2012 level of $27.4 billion. The Senate Committee bill recommends a small increase to $27.86 billion. We report below on the recommended funding levels for various DOJ programs of interest to tribes.

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

FY 2012 Enacted $412.5 million
FY 2013 Admin. Request $412.5 million*
FY 2013 House $415.0 million
FY 2013 Senate Committee $412.5 million

*The Administration's request included a $144.5 million transfer from the Crime Victims Fund (CVF; mandatory funding) and $268 million in FY 2013 appropriations.

Services, Training, Officers, & Prosecutors (STOP) Grants

FY 2012 Enacted $189 million
FY 2013 Admin. Request $189 million (includes $144.5 million from CVF)
FY 2013 House $189 million
FY 2013 Senate Committee $189 million

The FY 2013 proposed funding levels for other programs with specific Indian set-asides or applicability follows. Unless otherwise indicated, the House and Senate Committee amounts are the same as the budget request and/or FY 2012 level.

Grants to Encourage Arrest Policies $50 million
Rural Domestic Violence Assistance Grants Request: $37.5 million; House: $36.5 million Senate: $35 million; FY12: $34 million
Violence on College Campuses $9 million
Civil Legal Assistance Request/House/FY12: $41 million; Senate: $39 million
Sexual Assault Victims Services Program Request/House/FY12: $23 million Senate: $25 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
Natl. Resource Center on Workplace Responses Request/House: $500,000 Senate/FY12: $1 million
Consolidated Youth-Oriented Program $10 million (see below)
Family Civil Justice Program Senate: $15 million

• Consolidated Youth-Oriented Program. This program would 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) in order to "fund a comprehensive array of prevention and intervention services for children and youth victims of domestic violence, dating violence, sexual assault and stalking."
• Clearinghouse on the Sexual Assault of American Indian and Alaska Native Women. The Administration requested, and both bills would provide, $500,000 to continue developing a national clearinghouse on the sexual assault of American Indian and Alaska Native women. The clearinghouse would 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 Research. The Administration requested, and both bills would provide, $1 million for Research on Violence Against Indian Women.
• Transitional Housing Assistance. Both bills would provide $25 million, which is $3 million above the FY 2012 level and the budget request, for the Transitional Housing program. The purpose of this grant 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

Research, Evaluation & Statistics
(Administered by the Bureau of Justice Assistance)

FY 2012 Enacted $113 million
FY 2013 Admin. Request $136 million
FY 2013 House $112 million
FY 2013 Senate Committee $126 million

Within the above total, the Senate Committee bill, but not the House, would provide $500,000 for Indian Country Statistics, as requested.

State and Local Law Enforcement Assistance
The State and Local Law Enforcement Assistance budget request is $781.5 million, not including an additional $220.5 million requested under Crime Victims Fund. This compares to an FY 2012 level of $1.16 billion. The House and Senate both rejected the proposal to include partial funding under the Crime Victims Fund. Instead, the House would provide $962.5 million, the Senate $1.06 billion. The Senate report states "… the Committee has rejected the administration's proposal to fund $220,500,000 in discretionary programs through the mandatory Crime Victims Fund." Specific amounts within the total include:
Tribal Law Enforcement Assistance

FY 2012 Enacted $38 million
FY 2013 Admin. Request *set-aside (see below)
FY 2013 House $38 million
FY 2013 Senate Committee $35 million

The Administration proposed, as it did in FY 2012, bill language that would provide a seven percent set-aside for tribal criminal justice assistance, in lieu of dedicated amounts under State and Local Law Enforcement Assistance and Juvenile Justice. The proposed bill language stated:
7 percent of funds made available for grant or reimbursement programs: (1) under the heading "State and Local Law Enforcement Assistance"; or (2) under the headings "Research, Evaluation, and Statistics" and "Juvenile Justice Programs", to be transferred to and merged with funds made available under the heading "State and Local Law Enforcement Assistance", shall be available for tribal criminal justice assistance without regard to the authorizations for such grant or reimbursement programs.

Neither the House nor Senate Committees bills provide for the tribal set-aside, instead providing $38 million and $35 million, respectively, for the Tribal Assistance program.

The Committee reports state:
The Committee expects 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 Committee directs OJP to submit, as part of the Department's spending plan for fiscal year 2013, a plan for the use of these funds that has been informed by such consultation. The Committee notes that the bill includes additional grant funding for tribal law enforcement programs through COPS and OVW.

Edward Byrne Competitive Grants

FY 2012 Enacted $15 million
FY 2013 Admin. Request $25 million
FY 2013 House $20 million
FY 2013 Senate Committee $18 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 2012 Enacted $24 million
FY 2013 Admin. Request $24 million
FY 2013 House $20 million
FY 2013 Senate Committee $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 formerly funded under the COPS Programs.

Implementation of the Adam Walsh Act

The House and Senate Committee bills would provide $20 million, the same as the budget request and the FY 2012 level. However, instead of funds coming from the Crime Victims Fund as proposed by the Administration, it would remain a discretionary grant program. Funds are used for start-up and ongoing maintenance costs associated with implementation of the Sex Offender Registration and Notification Act (SORNA).

Attorney General's Initiative on Children Exposed to Violence

The Senate Committee bill, but not the House, would provide $15 million of the Administration-requested $23 million for this joint initiative with the Department of Health and Human Services. The FY 2012 level was $10 million. Funds would remain a separate line item instead of being funded under the Crime Victims Fund as proposed by the Administration. The Senate report states:
These funds will be used to build on investments made by Congress in recent years to advance effective practices at the State, local, and tribal levels that help children and adolescents who are victims of, or witnesses to, violence in their homes, schools, and neighborhoods, and may suffer devastating consequences beyond the physical harm. According to DOJ’s National Survey on Children Exposed to Violence, 61 percent of children experienced some type of violence, crime, or abuse in 2011 alone. Without the proper support and treatment, children who survive serious early-life trauma are more likely to abuse drugs and alcohol; suffer from depression, anxiety, and post-traumatic disorders; fail or have difficulty in school; and become future victims or offenders. (S.Rpt.112-158, pp. 78-79)

Preventing Violence Against Law Enforcement and Ensuring Officer Resilience and Survivability Initiative (VALOR)

Both the House and Senate Committee bills would provide $5 million, the requested amount, within the overall Byrne Memorial Justice Assistance Grants (JAG) to fund the national officer safety training and technical assistance program. The FY 2012 level was $2 million. There is tribal eligibility for this program.

Problem Solving Justice Program

The Administration requested $52 million for a new Problem Solving Justice program. The purpose of the programs would be to "help state, local, and tribal governments develop multi-faceted strategies that together bring criminal justice (particularly the courts), social services, and public health agencies, as well as community organizations to develop system-wide responses to offender risks."

The proposal would have consolidated two programs – the Drug Courts ($35 million in FY 2012) and Mentally Ill Offender Act programs ($9 million in FY 2012) – and expand to include other problem solving strategies at the state, local, and tribal levels. Neither the House nor the Senate Committee bills provide consolidated funding. Instead, the House recommends Drug Courts funding at $41 million; Senate Committee recommends $35 million. Both bills recommend $9 million for the Mentally Ill Offender Program.

COMMUNITY ORIENTED POLICING SERVICE (COPS) GRANTS

FY 2012 Enacted $198.5 million
FY 2013 Admin. Request $289.6 million
FY 2013 House $72.5 million
FY 2013 Senate Committee $247.5 million

Methamphetamine Clean-Up

FY 2012 Enacted $12.5 million
FY 2013 Admin. Request $12.5 million
FY 2013 House $12.5 million
FY 2013 Senate Committee $12.5 million

The Administration proposed that funds for this activity be managed by the COPS Division rather than being transferred to the Drug Enforcement Administration (DEA), as in prior years. Both the House and Senate Committee bills retain the current process, thus DEA would provide the grants to state and local law enforcement for activities related to the removal and disposal of hazardous materials from meth labs. Tribal governments and territories are eligible for these grants.

COPS Hiring Program

FY 2012 Enacted $166 million
FY 2013 Admin. Request $257 million
FY 2013 House $40 million
FY 2013 Senate Committee $215 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 increasing the number of community policing officers throughout the country.

COPS Tribal Hiring. The House and Senate Committee bills would provide $15 million, as requested, from within the above COPS Hiring Grants total to be transferred to the Tribal Resources Grant Program (TRGP), as explained below. The bills do not include the Administration-proposed bill language that would have restricted use of these funds, after transfer to the TRGP, to the hiring and rehiring of tribal law enforcement officers.

COPS Policing Development Initiative. Within the COPS Hiring total, the Administration requested $15 million for the Policing Development Initiative. The Senate Committee bill would provide $10 million, same as in FY 2012. Grant funds are provided to state, local, and tribal governments to implement community policing through training and technical assistance, and innovative community policing strategies, among other things.

Tribal Resources Grant Program (TRGP)

FY 2012 Enacted $20 million
FY 2013 Admin. Request $20 million
FY 2013 House $20 million
FY 2013 Senate Committee $20 million

The Senate Committee report provides the following explanation regarding the TRGP and the transferred amount from the COPS Tribal Hiring allocation:
The Committee has provided a total $35,000,000 in programs targeted entirely to tribal communities through the Tribal Resources Grant Program [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. All funds available to the TRGP can be used for equipment and hiring or training of tribal law enforcement. This will allow tribes maximum flexibility to respond the priorities they deem most urgent. (S.Rpt.112-158, p. 83)

JUVENILE JUSTICE PROGRAMS

FY 2012 Enacted $262.5 million
FY 2013 Admin. Request $245.0 million
FY 2013 House $209.5 million
FY 2013 Senate Committee $278.0 million

From the above total, the Senate Committee bill, but not the House, would provide $30 million for the Juvenile Delinquency Incentive Grants, which would include $10 million for tribal youth grants (same as in FY 2012). The Administration requested $20 million for the Incentive Grants. 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, instead of a dedicated amount for tribal youth grants, it be replaced by the seven percent set-aside. Both the House and the Senate Committee rejected this proposal.

The Administration had also requested $20 million for a new Evidence-Based Competitive Demonstration Program, which neither bill provides. The program would "support and increase the use of evidence-based programs and innovative practices in the juvenile justice system, and improve juvenile justice outcomes." The proposal included tribal eligibility.

Victims of Child Abuse Programs. The Senate Committee bill would provide $19 million, compared to the House and FY 2012 amounts of $18 million. The Administration did not request any FY 2013 funds. 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 CACs.

Youth Mentoring. The Senate Committee bill would provide $61 million, compared to the House-recommended $90 million and the FY 2012 level of $78 million. The Administration requested $58 million. 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 2013 appropriations for the Department of Justice programs.

# # #

Inquiries may be directed to:
Marie Osceola-Branch (mosceola-branch@hobbsstraus.com)

Available Documents for Download ( any referenced attachments are included in download )


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