WHEREAS, driving under the influence of illegal drugs has become a significant problem worldwide; and

WHEREAS, 13 percent of 16-20 year olds report driving within two hours after drug use (Substance Abuse and Mental Health Services Administration 1998 and CASA “Non-Medical Marijuana II April 2004); and

WHEREAS, the World Health Organization estimates that 1.2 million people are killed on roads every year and up to 50 million more are injured. These casualties of the road will increase if action is not taken; and

WHEREAS, according to data from the National Highway Traffic Safety Administration (NHTSA), in 2002, 17,419 people were killed in crashes involving alcohol, representing 41 percent of the 42,815 people killed in all traffic crashes; and

WHEREAS, the Centers for Disease Control and Prevention estimates that drugs other than alcohol (e.g., marijuana and cocaine) have been identified as factors in 18% of motor vehicle driver deaths; and

WHEREAS, drug impaired drivers are less frequently detected, prosecuted, or referred to treatment than drunk drivers; and

WHEREAS, there is a lack of uniformity or consistency in the way the that governments around the world approach drug impaired drivers; and

WHEREAS, too few police officers have been trained to detect drug impaired drivers, and too few prosecutors have been trained to prove drug driving cases beyond a reasonable doubt and too few Judges have been trained with regarded to drug impaired driving; and

WHEREAS, while all governments are committed to stopping its citizens from operating a motor vehicle while under the influence of alcohol and other drugs, there is no consistent method for identifying drug impairment and the presence of drugs in the body; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 111th Annual Conference in Los Angeles, California, supports congressional development of Drugged Driving legislation, with a mandatory provision that a person operating a motor vehicle with any detectable amount of a controlled substance present in their system can be charged with drug impaired driving. The legislation should also provide for programs that support and enhance officer training and use of drug recognition techniques, training for prosecutors and Judges in the techniques of drug recognition, and funding for advance technology that enables officers to test for alcohol and all controlled substances in the field. Additional support for this legislation should be sought from the National District Attorney’s Association.

WHEREAS, federal programs designed to assist state and local law enforcement agencies have played a vital role in reducing the use of illicit drugs and drug related crime which has resulted in reducing the nation's crime rate; and

WHEREAS, the International Association of Chiefs of Police (IACP) recognizes that the High Intensity Drug Trafficking Area (HIDTA) Program which is administered by the Executive Office of the President, Office of National Drug Control Policy (ONDCP) is a partnership among federal, state, and local governments to reduce crime and create safer, more drug resistant communities; and

WHEREAS, ONDCP has authorized twenty-eight areas as HIDTA. HIDTA-designated counties encompass approximately 13 percent of U.S. counties, with HIDTA having a presence in 43 states, Puerto Rico, the U.S. Virgin Islands and the District of Columbia. These designated HIDTAs exist to provide additional federal resources to federal, state and local law enforcement agencies in those areas to help eliminate or reduce drug trafficking and its harmful consequences; and,

WHEREAS, state and local law enforcement agencies, including those supported by HIDTA or Byrne Grant funding, are on the front lines in confronting international drug trafficking and money laundering organizations which are the most powerful and sophisticated organized crime groups ever to challenge domestic law enforcement; and

WHEREAS, federal state and local law enforcement agencies, including those supported by HIDTA and Byrne Grant funding, also lead investigative and enforcement efforts against the nation’s domestic drug threats including: the cultivation and distribution of high potency marijuana, the manufacture and distribution of methamphetamine, and the diversion and distribution of prescription drugs; and

WHEREAS, the IACP supports efforts to improve the functioning of the criminal justice system with emphasis on reducing drug abuse, violent crime and serious offenders, and the enforcement of state and local laws similar to those in the Federal Controlled Substances Act; and

WHEREAS, the problems presented by the unprecedented trafficking of drugs by international criminal syndicates continues to be a threat to all areas of the United States, including middle to smaller sized cities, as well as rural areas; and

WHEREAS, much of the violent crime, gang activity and property crime in America is associated with drug trafficking, manufacturing or use; and

WHEREAS, each HIDTA is governed by an Executive Board, comprised of federal, state and local members. These Boards facilitate inter-agency drug control efforts to eliminate or reduce drug threats. The Executive Boards ensure threat specific strategies and initiatives are developed, employed, supported and evaluated. By using this balanced system of governance and the neutrality provided by having the HIDTA Program administered by ONDCP, a non-law enforcement agency, the HIDTA Program fosters a strong and equal partnership between federal, state and local law enforcement agencies participating in the program; and

WHEREAS, HIDTA funded programs and initiatives have proven to be invaluable resources for cooperative federal, state and local anti-crime policing strategies. HIDTAs fund multi-jurisdictional drug task forces that give law enforcement access to the latest crime-fighting technologies. HIDTAs also mandate the use of intelligence led policing strategies and tactical deconfliction, to improve efficiency, interagency cooperation, and officer safety; and

WHEREAS, moving the HIDTA Program from the neutrality of the Office of National Drug Control Policy may diminish the system of balanced partnership among the federal, state and local law enforcement agencies participating in the HIDTA Program; and

WHEREAS, a reduction in funding for HIDTA along with those proposed to the Byrne Program and COPS Program will severely affect the ability of state and local law enforcement to continue current drug enforcement and demand reduction efforts; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police strongly urges Congress to maintain funding for the HIDTA Program at the FY 2005 Funding level; and be it

FURTHER RESOLVED, that the High Intensity Drug Trafficking Area Program should continue to be administered by the Executive Office of the President, Office of National Drug Control Policy with a continued emphasis on intelligence-led policing and a balanced system of governance which promotes a partnership among federal, state and local participants to address regional drug trafficking and drug related violent crime issues, while encouraging participation in the National Drug Control Strategy.

WHEREAS, federal programs designed to assist state and local law enforcement agencies have played a vital role in reducing the nation’s crime rate; and WHEREAS, federal, state and local law enforcement agencies are on the front lines in confronting the most powerful and sophisticated organized crime groups ever to challenge domestic law enforcement agencies, i.e. the international drug trafficking organizations; and WHEREAS, the International Association of Chiefs of Police (IACP) acknowledges that the Byrne Formula Grant Program was created by the Anti-Drug Abuse Act of 1988; and WHEREAS, the IACP recognizes that the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant Program is a partnership among federal, state, and local governments to create safer communities; and WHEREAS, the problems presented by the unprecedented flow of drugs into this country by these international criminal syndicates continues to be a threat in many areas of the United States, particularly middle and smaller sized cities, and rural areas; and WHEREAS, the 50 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands are eligible to apply for formula grant funds; and WHEREAS, the IACP supports the efforts to improve functioning of the criminal justice system with emphasis on violent crime and serious offenders, and the enforcement of state and local laws similar to those in the Federal Controlled Substances Act; and WHEREAS, the lack of Byrne Grant funding will severely affect the ability of state and local law enforcement to continue drug enforcement and demand reduction efforts; and WHEREAS, state and local police are often the first responders to a terrorist attack. The IACP believes that it is important to distinguish between the assistance funds that are provided to state and local law enforcement from programs administered by the Department of Homeland Security and those provided from the existing programs at the Department of Justice; and WHEREAS, effective anti-crime programs are effective anti-terrorism programs; and evidence indicates that terrorist organizations which are funded in part by the sale of illegal drugs adds a new dimension to the need for continued investigation of narcotics-related crime; and WHEREAS, the Byrne Grant Funding Program has proven itself an invaluable resource for cooperative federal, state and local anti-crime policing strategies, funding multi-jurisdictional drug task forces and D.A.R.E. training, which are critical to state and local law enforcement responses to the drug threat; and WHEREAS, in Fiscal Year 2005, the Byrne Grant and Local Law Enforcement Block Grant were combined into one program—the Edward Byrne Memorial Justice Assistance Grant, resulting in a significant decrease in funding; and WHEREAS, for Fiscal Year 2006 there is a proposal to terminate the state grants component of the Edward Byrne Memorial Justice Assistance Grant Program which would eliminate approximately $723 million that Congress appropriated last year for the Byrne Grants; now therefore be it RESOLVED, that the IACP strongly urges Congress not to reduce the funding levels for the Edward Byrne Memorial Justice Assistance Grant Program below funding levels for Fiscal Year 2005.

WHEREAS, the events of September 11, 2001 greatly heightened the need for America’s public safety forces to prevent, deter, and detect possible terrorism incidents on America’s soil, in addition to addressing all aspects of preparedness; and

WHEREAS, law enforcement’s mission entails the unique requirement to prevent, detect, and deter terrorism, in addition to response preparedness; and

WHEREAS, the Congress of the United States recognized this unique prevention role of law enforcement with the creation of the Law Enforcement Terrorism Prevention Program (LETPP) within the Department of Homeland Security funding for 2004 and 2005; and

WHEREAS, Representative Christopher Cox, Chair of the House Committee on Homeland Security recognized law enforcement’s unique prevention role when he commented in a February 2005 television interview that, “preventing terrorism equates to intelligence” (e. g., information sharing); and

WHEREAS, according to past practice by domestic and foreign terrorists, the planning and gathering of resources for a terrorist act will most likely occur within the counties, cities, villages, and townships outside of Urban Area Security Initiatives (UASI) designated, metropolitan areas; and

WHEREAS, the administration’s proposed 2006 budget to Congress has eliminated funding for LETPP from the 2004 levels of $500 million and the 2005 funding level of $400 million; and

WHEREAS, the Byrne Memorial Funding Program and Local Law Enforcement Block Grant Program have been merged into the Justice Assistance Grant (JAG) programs; and

WHEREAS, the proposed 2006 budget to Congress has eliminated funding for JAG from the 2004 level of $588.2 million and the 2005 funding level of $495.5 million; and

WHEREAS, the national shared mission of preventing terrorism requires the recognition that there exists unique local issues, situations, and forces that dictate the need to permit state and local law enforcement and homeland security planning agencies the flexibility to allow for degrees of variation in the use of all homeland security funding; now therefore be it

RESOLVED, that the International Association of Chiefs of Police (IACP) urges the Congress of the United States to restore the LETPP program in 2006 to the 2005 levels of funding; restore the JAG program in 2006 to the 2004 levels of funding; and respectfully request that any restrictions on the use of law enforcement prevention funding be removed and not restricted to formula, percentage funding, as is currently proposed.

WHEREAS, four years after the tragedy of September 11, 2001, terrorism continues to be a significant and substantial threat to the United States, and other countries represented in the International Association of Chiefs of Police (IACP), and to the rule of law to which the IACP is dedicated; and

WHEREAS, the detection, disruption, and prevention of terrorism remains the top priority of the United States and many other countries; and

WHEREAS, international, federal, state, local and tribal law enforcement and intelligence organizations, as well as private-sector security, are integral partners in counter-terrorism, and have made significant strides in the sharing of information and intelligence through cooperative efforts; and

WHEREAS, in the United States, federal, state, local, and tribal law enforcement have integrated investigative resources in the Joint Terrorism Task Force’s prevention strategy; and

WHEREAS, key provisions of the USA PATRIOT Act eliminating restrictions on sharing criminal intelligence in terrorism investigations are due to expire; and

WHEREAS, key provisions of the USA PATRIOT Act regarding the use of preexisting tools in terrorism investigations are due to expire; and

WHEREAS, key provisions of the USA PATRIOT Act expanding the ability for law enforcement to obtain business records in terrorism investigations are due to expire; and

WHEREAS, key provisions of the USA PATRIOT Act preventing terrorists from exploiting new technology are due to expire; and

WHEREAS, these provisions of the USA PATRIOT Act, as enacted after the tragic terrorist attacks on the United States on September 11, 2001, have proven to a be critical tool for law enforcement’s counter-terrorism efforts in the United States; and,

WHEREAS, Making these provisions permanent will ensure all legal means are used to detect, disrupt, and prevent terrorism in the United States and thus contribute to international counter-terrorism efforts and the safety of our nation; and now therefore be it

RESOLVED, that the IACP fully supports and recognizes the importance of making permanent the provisions of the USA PATRIOT Act that are due to expire, and encourages the U.S. Congress to do so. The IACP and its members remain fully committed to taking the actions necessary to detect, disrupt, and prevent terrorism worldwide.

WHEREAS, the threat of terrorism extends beyond the city limits of major metropolitan areas; and

WHEREAS, law enforcement agencies may be confronted by threats to the transportation infrastructure, agriculture, water supplies, power grids, and other critical items; and

WHEREAS, Congress directed the Department of Homeland Security to better prepare smaller communities to prevent, deter, and respond to terrorism; and

WHEREAS, the Office of State and Local Government Cooperation and Preparedness (SGLCP) created the Commercial Equipment Direct Assistance Program (CEDAP) to provide law enforcement technologies directly to smaller jurisdictions throughout the United States; and

WHEREAS, CEDAP is designed to benefit those agencies that may otherwise be ineligible for funding and allows these agencies to select and procure specialized equipment; and

WHEREAS, CEDAP also provides the training and technical assistance to ensure that recipients are able to use the equipment effectively; and

WHEREAS, CEDAP is a direct assistance program, not a grant program, and there is no lengthy application process and no matching fund requirements; and

WHEREAS, CEDAP provides a wide range of equipment, including communications interoperability systems, information sharing software, chemical detection and sensor devices, and personal protective equipment; and

WHEREAS, $8 million in equipment transfers was available in 2005 (Phase I) and $24 million in 2005-2006 (Phase II); and

WHEREAS, future funding (Phase III) for this vital program is undetermined at this time; now, therefore be it

RESOLVED that federal funding of the CEDAP program be sustained at $50 million or more per year.

WHEREAS, law enforcement’s mission entails the unique requirement to prevent, detect, and deter terrorism, in addition to response preparedness; and

WHEREAS, 650,000 law enforcement officers at the state, local, and tribal level are the core component of the nation’s terrorist prevention efforts; and

WHEREAS, the Congress of the United State recognized this unique prevention role of law enforcement with the creation of the Law Enforcement Terrorism Prevention Program (LETPP) within the Department of Homeland Security’s Grant Program funding for 2004, 2005 and 2006; and

WHEREAS, Representative Christopher Cox, former Chair of the House Committee on Homeland Security, recognized law enforcement’s unique prevention role when he commented in a February 2005 television interview that “preventing terrorism equates to intelligence” (e.g., information sharing); and

WHEREAS, according to past practice by domestic and foreign terrorists, the planning and gathering of resources for a terrorist act will most likely occur within the counties, cities, villages, and townships outside of metropolitan areas designated by the Urban Area Security Initiatives (UASI); and

WHEREAS, LETPP funding for 2006 was $400 million, a $13.7 million increase from 2005; and

WHEREAS, the national shared mission of preventing terrorism requires the recognition that there exists unique local issues, situations, and forces that dictate the need to permit state and local law enforcement and homeland security planning agencies the flexibility to allow for degrees of variation in the use of all homeland security funding; now, therefore be it

RESOLVED that the International Association of Chiefs of Police (IACP) urges Congress to sustain the LETPP program in 2007 at least at the 2006 level of $400 million, and respectfully requests that there be minimum restrictions placed on the use of these funds.

WHEREAS, the Mobile Enforcement Team (MET) Program was created by the U.S. Drug Enforcement Administration (DEA) in 1995 as a response to the overwhelming problem of drug-related violent crime that plagues neighborhoods and communities throughout the United States; and

WHEREAS, the International Association of Chiefs of Police (IACP) recognizes that the MET Program assists local law enforcement by identifying major drug traffickers and organizations that commit violent crimes; collecting, analyzing, and sharing intelligence with state and local counterparts; cultivating investigations against violent drug offenders and gangs; arresting drug traffickers and assisting in the arrests of violent offenders and gangs; seizing the assets of violent drug offenders and gangs; and providing support to federal, state, and local prosecutors; and

WHEREAS, since 1995, DEA has completed over 480 MET deployments throughout the United States, which have made a significant contribution to the reduction of drug and violent crimes, including over 20,000 arrests and asset seizures totaling over 39 million dollars; and

WHEREAS, since 1995, MET teams have seized over 2,800lbs of cocaine, 1,300lbs of methamphetamine, 240lbs of heroin, and 11,900lbs of marijuana; and

WHEREAS, in FY 2005, 41% of all MET cases initiated involved methamphetamine; and

WHEREAS, in FY 2006, MET teams have successfully disrupted 21 methamphetamine trafficking organizations, dismantled 14, and arrested 619 individuals (Figures as of 3rd Quarter FY 2006); and

WHEREAS, much of the violent crime, gang activity and property crime in America is associated with drug trafficking, manufacturing, or use; and

WHEREAS, the MET Program has proven itself to be an invaluable resource for cooperative federal, state, and local anti-crime policing strategies.

WHEREAS, the MET Program includes pre-deployment assessments of the problem, including identification of the drug trafficking individuals and organizations, as well as post-deployment evaluation, which has consistently demonstrated an overwhelmingly positive response from the law enforcement community and public; now, therefore be it

RESOLVED, that the International Association of Chiefs of Police strongly urges Congress to maintain full funding for the MET Program at the FY 2006 funding level.

WHEREAS, federal programs designed to assist local, state, and tribal law enforcement agencies have played a vital role in reducing the nation’s crime rate; and

WHEREAS, federal law enforcement agencies often have more resources available to direct at specific large-scale criminal drug organizations than state and local agencies and are increasingly sharing these resources at the local level; and

WHEREAS, federal law enforcement agencies in partnership with local, state, and tribal law enforcement agencies are on the front lines in confronting the most powerful and sophisticated organized crime groups ever to challenge domestic law enforcement agencies, i.e., the international drug trafficking organizations and transnational gangs; and

WHEREAS, the problems presented by the unprecedented flow of drugs into this country by international criminal syndicates and transnational gangs continues to be a threat in most areas of the United States; and

WHEREAS, the number of arrests for drug abuse violations has been increasing (U.S. Department of Justice, Bureau of Justice Statistics, October 17, 2005); and

WHEREAS, the Preliminary Annual Uniform Crime Report, 2005, indicates that as a whole, law enforcement agencies throughout the United States reported an increase of 2.5 percent from 2004 in the number of violent crimes (FBI Uniform Crime Reports, Preliminary Annual Report, June 12, 2006); and

WHEREAS, gangs are associating with organized crime entities, such as Mexican drug organizations, Asian criminal groups, and Russian organized crime groups (2005 National Gang Threat Assessment); and

WHEREAS, gang members are becoming more sophisticated in their use of computers and technology, and these new tools are used to communicate, facilitate criminal activity, and avoid detection by law enforcement (2005 National Gang Threat Assessment); and

WHEREAS, federal law enforcement investigative resources and technology are critical to the support of local, state, and tribal law enforcement efforts to combat transnational gangs and large-scale drug trafficking organizations; now, therefore be it

RESOLVED that the International Association of Chiefs of Police strongly urges Congress to fully fund all federal agencies involved in combating drug crime.

WHEREAS, federal programs designed to assist local, state, and tribal law enforcement agencies have played a vital role in reducing the nation’s crime rate; and

WHEREAS, local, state, and tribal law enforcement agencies are on the front lines in confronting the most powerful and sophisticated organized crime groups ever to challenge domestic law enforcement agencies, i.e., the international drug trafficking organizations; and

WHEREAS, the International Association of Chiefs of Police (IACP) acknowledges that the Byrne Formula Grant Program was created by the Anti-Drug Abuse Act of 1988; and

WHEREAS, the IACP recognizes that the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant Program is a partnership among federal, state, and local governments to create safer communities; and

WHEREAS, the problems presented by the unprecedented flow of drugs into this country by these international criminal syndicates continues to be a threat in many areas of the United States, particularly middle- and smaller-sized cities and rural areas; and

WHEREAS, the 50 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands are eligible to apply for formula grant funds; and

WHEREAS, the IACP supports efforts to improve functioning of the criminal justice system with emphasis on violent crime and serious offenders and the enforcement of state and local laws similar to those in the Federal Controlled Substances Act; and

WHEREAS, the lack of Byrne Grant funding will severely affect the ability of state, tribal, and local law enforcement to continue drug enforcement and demand reduction efforts; and

WHEREAS, since state, tribal, and local police are often the first responders to a terrorist attack; and

WHEREAS, the IACP believes that it is important to distinguish between the assistance funds that are provided to state and local law enforcement from programs administered by the Department of Homeland Security and those provided from the existing programs at the Department of Justice; and

WHEREAS, effective anti-crime programs are effective anti-terrorism programs, and evidence indicates that terrorist organizations and transnational gangs that are funded in part by the sale of illegal drugs add a new dimension to the need for continued investigation of narcotics-related crime; and

WHEREAS, the Byrne Grant Funding Program has proven itself an invaluable resource for cooperative federal, state, and local anti-crime policing strategies, funding multi-jurisdictional drug task forces and D.A.R.E. training, which are critical to state, tribal, and local law enforcement responses to the drug threat; and

WHEREAS, in Fiscal Year 2005 the Byrne Grant and Local Law Enforcement Block Grant were combined into one program—the Edward Byrne Memorial Justice Assistance Grant, resulting in a significant decrease in funding; now, therefore be it

RESOLVED that the IACP Annual Conference strongly urges Congress to restore full funding to the Edward Byrne Memorial Justice Assistance Grant Program.

WHEREAS, the reduction of firearms-related violent crime has been and continues to be a major goal of the International Association of Chiefs of Police (IACP); and

WHEREAS, innovative methods that can increase officer safety have been and continue to be sought by the IACP; and

WHEREAS, the latest crime statistics show murders jumped in the United States 4.8 percent and overall crime is up 2.5 for the year, marking the largest annual increase in crime since 1991; and

WHEREAS, of March 5, 2006, 33 law enforcement officers have died in line-of-duty deaths over the same period in 2005, when 23 officers made the ultimate sacrifice (“Line-of-Duty Deaths Increase in 2006,” The Police Chief, May 2006); and

WHEREAS, studies have shown that firearm offenders have a higher recidivist rate for committing other firearms-related violent crime with firearms than sexual offenders; and

WHEREAS, a sexual offenders registry established by law enforcement agencies within each state has shown to be effective toward tracking such offenders and preventing future crimes; and

WHEREAS, initiating a registry, similar to the sexual offenders registry, for offenders who have been previously convicted of a felony firearm violation or a misdemeanor that involved violent or threatening acts with firearms would have great benefit at little cost toward preventing and investigating a myriad of violent crimes, as well as establishing a computerized list of dangerous offenders that could be utilized as a notification system to alert officers of potential danger; now, therefore be it

RESOLVED that the IACP recommend the creation of a firearms offenders registry for every state, and make this recommendation known to its members and other law enforcement organizations; and be it

FURTHER RESOLVED that the IACP present Congress with our recommendation that it also enact a federal firearm registry of firearm offenders, similar to that of the present federal sexual offenders registry; and be it

FURTHER RESOLVED that the IACP present state and local authorities with our recommendations that states also enact a firearm registry of firearm offenders, similar to that of the present sexual offenders registry, and that state and local law enforcement resources be increased, enabling participating agencies to gain the maximum benefit from the firearm offender registry and an electronic alert of such offenders’ names to encountering officers; and, be it

FURTHER RESOLVED that the IACP present Congress with our recommendation that additional funding sources be found at the federal level to assist state and local law enforcement agencies in maintaining sufficient resources for enactment in every state of a firearm offenders registry and electronic alert of offenders’ names to encountering officers; and be it

FURTHER RESOLVED that the Governing Body of the IACP present copies of this resolution to all IACP members.

EXC.036.a07

 

WHEREAS, many police agencies have severe personnel shortages in their firearm units; and,

WHEREAS, there is currently a need for National Integrated Ballistic Information Network (NIBIN) technicians and firearm examiners in many police laboratories; and,

WHEREAS, as a result of the shortages of trained firearm experts nationwide, many agencies have experienced backlogs in evidence being processed, thus causing the potential for delays in identifying, apprehending, and prosecuting criminals who have used firearms in the commission of crimes; and,

WHEREAS, the Global War on Terror has caused some members of the United States military to become disabled; and,

WHEREAS, some of these disabled veterans are police officers on military leave from their departments when they become disable; and,

WHEREAS, some many of these disabled veterans need to be retrained in order to start new careers as a result of their disabilities; now therefore be it

RESOLVED that the IACP strongly supports the creation, and full funding, of a program that would allow disabled veterans to be trained as ballistic laboratory technicians and as firearm examiners and other law enforcement investigative/support disciplines.