Justice Blogs

Today, I was honored to join Acting Associate Attorney General Stuart F. Delery at the National Congress of American Indian’s Tribal Leader Briefing to announce the Department of Justice’s FY 2015 Coordinated Tribal Assistance Solicitation (CTAS) grants. This year, the Department, through its three grantmaking components, is making 206 grants totaling more than $97 million to enhance and sustain crime prevention and intervention efforts in tribal communities. In 2015, the Office on Violence Against Women made 52 awards in the amount of $30.8 million to enhances the ability of tribes to respond to domestic and sexual violence, enhance the safety of American Indian and Alaska Native women, develop education and prevention strategies, and improve law enforcement and court systems to support tribal sovereignty.

A list of all 2015 CTAS awards is available at http://www.justice.gov/tribal/file/771691/download.

For more information on CTAS and other Department of Justice resources and information for tribal communities, visit the Justice Department’s Tribal Justice and Safety web site http://www.justice.gov/tribal/.

As Fiscal Year 2015 is quickly drawing to an end, agencies are hard at work processing more and more requests to close out the year strongly.  OIP encourages agencies to focus these last weeks of the fiscal year on their FOIA administration to help reduce any backlogs.  One of the main tools agencies use for tracking the efficiency of their FOIA workflows and ensuring the accuracy of their Annual FOIA Report is their case management system.       

A key component of President Obama's FOIA Memorandum is the direction to "use modern technology to inform citizens about what is known and done by their Government."  Over the past several years agencies have reported in their Chief FOIA Officer Reports widespread use of technology in receiving and tracking FOIA requests and preparing agency Annual FOIA Reports. 

Agencies currently use various case management systems for tracking and processing their FOIA requests, and each agency should ensure that they are using the system that best serves their particular FOIA needs.  As outlined in DOJ's Annual FOIA Report Handbook, agencies are ultimately responsible for the quality of their Annual FOIA Report data.  They should exercise due diligence in testing their systems to ensure accuracy for the benefit of both their year-end reports as well as workflow reports that they rely on during the year to manage their FOIA administration. 

At the Department of Justice, our components use a number of different methods and tools to track their FOIA requests tailored to their unique needs.  OIP has been working with EPA to develop enhancements to FOIAonline, the EPA’s multi-agency FOIA tracking system, that meet our specific needs, and we are pleased to announce that beginning in early 2016, OIP will be using FOIAonline as our case management system.  In addition to tracking the requests it processes and the Department’s administrative FOIA appeals, OIP will be using FOIAonline to prepare and validate the Department’s Annual FOIA Report. 

OIP's use of FOIAonline builds on the great work between OIP, EPA, and the partner agencies that has existed from the very beginning of FOIAonline.  OIP has worked closely with EPA and the FOIAonline partners from the start to ensure the system produces an accurate Annual FOIA Report, as well as to make sure that any enhancements function appropriately in compliance with the FOIA statute and DOJ guidance. 

OIP is excited to be working with EPA on the development of additional enhancements to FOIAonline and the future possibilities for how FOIAonline can assist agencies with their FOIA case management needs. 

Courtesy of Deputy Assistant Attorney General Eve Hill of the Civil Rights  

Twenty-five years ago, our nation committed itself to the elimination of discrimination against people with disabilities through the Americans with Disabilities Act (ADA).  The U.S. Department of Justice’s Civil Rights Division is proud to play a critical role in enforcing the ADA, working towards a future in which all the doors are open to equality of opportunity, full participation, independent living, integration and economic self-sufficiency for persons with disabilities.  In honor of the 25th anniversary of the ADA, each month the department will spotlight efforts that are opening gateways to full participation and opportunity for people with disabilities.  This month, we spotlight the stories of Catherine Hafsi and Cherie Clark and how the department’s work enforcing the ADA is improving access to sidewalks, parking spaces, curb ramps and city facilities throughout Cedar Rapids, Iowa.

Catherine Hafsi uses a walker.  When Ms. Hafsi was invited to attend the Cedar Rapids’ 25^th ADA anniversary event at the federal courthouse, she was excited and thrilled.  On her way to the event, she encountered problems with the entrance door to the parking pay system of a municipal lot.  Specifically, she had difficulty keeping the door open while maneuvering her walker through the door in order to pay for parking.  Ms. Hafsi’s problem is not uncommon in Cedar Rapids.  She noted that some parking pay systems stations have heavy entrance doors that make it almost impossible for people with disabilities to pay for parking at parking facilities.

Ms. Hafsi also encountered issues with sidewalks when she visited the Fair Housing Office at the Veteran’s Memorial Building.  In order to access the sidewalk in front of the Veteran’s Memorial Building, Ms. Hafsi had to walk in the street with her walker and risk her safety because there were no accessible curb ramps.

Cherie Clark, uses a wheelchair and walker, and has also encountered several accessibility issues with sidewalks and entrances to city facilities in Cedar Rapids.  When Ms. Clark visits the Cedar Rapids Public Library, which she normally does four to five times per month, the automatic doors to the library entrance do not work properly and the toilet room doors are very heavy and difficult to operate.  Both Ms. Hafsi and Ms. Clark experienced similar issues with inaccessible sidewalks, curb ramps, entrances to facilities, and inaccessible parking in Cedar Rapids.

Over the next years, experiences like Ms. Hafsi’s and Ms. Clark’s will become a thing of the past.  Cedar Rapids and the Justice Department have reached an agreement under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the ADA.  One of the hallmarks of the agreement is the requirement that Cedar Rapids install, repair or replace thousands of sidewalks and curb ramps throughout the city to bring them into compliance with current ADA standards.

Under this agreement, Cedar Rapids will ensure that its services, programs and activities are fully accessible to people with disabilities.  Cedar Rapids will also target its city parking lots and toilet rooms to make sure that they are accessible to persons with disabilities and enhance accessibility throughout the city’s park system.

Over the past 15 years, nearly 220 communities have signed agreements with the Department of Justice to ensure that their citizens with disabilities enjoy the same services, programs and activities that all others enjoy.  For more information about the ADA, today’s agreement, the Project Civic Access initiative, or the ADA Best Practices Tool Kit for state and local governments, individuals may access the ADA Web page at http://www.ada.gov/civicac.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

OIP offers a number of FOIA training opportunities throughout the year as a part of our responsibility to encourage agency compliance with the FOIA. For Fiscal Year 2016, the dates and topics for our regularly scheduled training sessions are:

Introduction to the FOIA
April 26, 2016

The FOIA for Attorneys and Access Professionals
November 3-4, 2015
January 26-27, 2016
April 12-13, 2016
July 12-13, 2016

Advanced FOIA Seminar
May 10, 2016

FOIA Litigation Seminar
October 19, 2015

This year, OIP is offering two new courses – a FOIA Processing Workshop and a program entitled Continuing FOIA Education. The FOIA Processing Workshop is a half-day program designed to take attendees through the steps of processing a FOIA request one-on-one in a small class setting. The Continuing FOIA Education course is designed as a program for experienced FOIA professionals with lectures on new or recent developments in FOIA administration as well as an update on recent FOIA court decisions. The dates for these new course offerings are:

FOIA Processing Workshop
February 17, 2016

Continuing FOIA Education
June 1, 2016

All of these seminars will be held in Washington DC, and are open to all federal government employees. Information about registration, general topics covered, and class sizes for each course are available on the Training page of our site. The Training page also includes descriptions of each course, general topics covered, and the intended audience.

In addition to these scheduled training programs, OIP also offers various other training programs and workshops throughout the year such as our Best Practices Workshop series and our refresher training on the preparation of Agency Annual FOIA and Chief FOIA Officer Reports. Details on all of our training opportunities will always be announced here on FOIA Post and through OIP’s Twitter account, @FOIAPost.

To register for any of the training seminars listed above, please email your name to OIP's Training Staff at DOJ.OIP.FOIA@usdoj.gov. In the subject line of your email, please specify the name of the course and the date you wish to attend the training. If registering multiple individuals, please include email addresses for each individual in the registration message. Once you are registered, you will be sent a confirmation email with the location of the training. Any questions regarding these training opportunities may also be directed to OIP’s Training Staff at (202) 514-FOIA (3642).

Justice Department Announces First-Ever Second Chance Fellow

Courtesy of Attorney General Loretta E. Lynch

Just days before my visit to Goucher College’s Prison Education Partnership at the Maryland Correctional Institution in Jessup, Maryland with Secretary of Education Arne Duncan, I had the honor of chairing my first meeting of the Federal Interagency Reentry Council – a group comprised of representatives from more than 20 federal agencies that works to align and advance reentry efforts across the federal government with an overarching aim to not only reduce recidivism and high correctional costs, but also to improve public health, child welfare, employment, education, housing and other key reintegration outcomes.  It was a privilege to sit beside my colleagues from across the government to discuss the pressing issues before us.  And given President Obama’s recent commutations and his visit to El Reno Federal Correctional Institution to highlight these critical issues, the meeting provided a timely opportunity for us to share information about recent accomplishments, and more importantly, discuss upcoming policy considerations.

Each year, more than 600,000 individuals are released from state and federal prisons, and over 11 million cycle through local jails.  In addition, a broader population – approximately one in three U.S. adults – has an arrest record, mostly for relatively minor, non-violent offenses, and sometimes as a result of crimes committed decades in the past.  The long-term – sometimes lifetime – impact of a criminal record will keep many of these people from obtaining employment, accessing housing, higher education, loans, and credit – even if they have paid their debt to society, turned their lives around, and demonstrated that they are unlikely to reoffend.  At the same time, research sponsored by the National Institute of Justice (NIJ) shows that individuals who stay out of trouble for just a few years after an arrest are largely indistinguishable from the general population in terms of their likelihood of committing a crime.  Further, participation in pro-social behaviors like employment, education and civic engagement – the very things that people with criminal records are often barred from participating in – actually reduce recidivism. 

As a lifelong prosecutor, I understand how important it is to aggressively prosecute criminal behavior as a means of keeping our communities safe.  But I also recognize that prosecution is only one aspect of a comprehensive justice system – particularly when nearly every person behind bars will one day come home.  In order to truly make our communities safer, we must make sure that people who have served their time are able to fully and productively engage in our society – whether through education or employment or some other constructive means. 

Listening to my colleagues on the Reentry Council discuss their commitment to this mission and their dedication to this cause makes me confident that we will continue to make progress.  For example, Labor Secretary Tom Perez briefed the Reentry Council on DOL’s new Linking Employment Activities Pre-release (LEAP) grants, which support the development and implementation of specialized American Job Centers inside the correctional facility that directly connect local inmates to the full-service AJC within their community.  Providing incarcerated individuals with a range of workforce services while they transition out of local correctional facilities better prepares them to reenter the workforce and improves their opportunities for finding suitable employment immediately upon release.   

Administrator Maria Contreras-Sweet of the Small Business Administration updated the Council on SBA’s efforts to increase access to their Microloan Program.  SBA published a final rule for the Microloan Program that provides more flexibility to SBA non-profit intermediaries and expands the pool of microloan recipients.  The change will make small businesses that have an owner who is currently on probation or parole eligible for microloan programs, aiding individuals who face significant barriers to traditional employment as they seek to reenter the workforce. 

During the meeting, I had the distinct pleasure of announcing Daryl Atkinson as DOJ’s first-ever Second Chance Fellow.  This position was designed to bring in a person with expertise as a leader in the criminal justice field – and as a formerly incarcerated individual.  Recognizing that many of those directly impacted by the criminal justice system hold significant insight into reforming the justice system, the Bureau of Justice Assistance – led by Director Denise O’Donnell – released a competitive solicitation that led to Daryl’s selection.

Daryl has a remarkable story.  In 1996, Daryl served 40 months in prison after pleading guilty to a first-time non-violent drug crime – and when he was released, he faced a series of collateral consequences.  He lost his driver’s license, making it difficult for him to secure employment.  He was barred from receiving federal financial student aid, which presented obstacles to furthering his education.  And he was unable to vote in his home state of Alabama, restricting his ability to participate in the civic life of his community.  But through all of these obstacles and challenges, Daryl persevered – earning a bachelor’s degree and then a law degree, and ultimately rising to become a Senior Staff Attorney at the Southern Coalition for Social Justice where he focuses on criminal justice reform issues, particularly removing the legal barriers triggered by contact with the criminal justice system. 

Last year, Daryl was recognized by the White House as a “Reentry and Employment Champion of Change.”  Then-Attorney General Eric Holder recognized Daryl’s transformative journey in his remarks when he said “Daryl overcame his own involvement with the criminal justice system and has since worked to build a better future not only for himself – but for countless others who deserve a second chance.”  And now, Daryl will work with us, as a colleague to the Reentry Council, as an advisor to the BJA Second Chance programs, and as a conduit to engage the broader justice-involved population so that DOJ and the Administration are hearing from all stakeholders as we move forward in strengthening our nation and empowering our communities.

Although the path ahead of us is far from easy, there is momentum – across federal agencies, across political parties, and across the United States – to reform our criminal justice system and give people a legitimate chance to earn their way back and lead law-abiding lives.  Working with my colleagues, I look forward to continuing the good work of the Reentry Council and taking concrete steps to achieve the President’s vision for meaningful criminal justice reform.

This post can also be found on the Huffington Post Blog.

Courtesy of Director Ronald L. Davis of the Office of Community Oriented Policing Services

I can recall the pride of the President’s Task Force on 21^st Century Policing when the 11 outstanding members handed the final report to the president on May 18, 2015.  The smiles and expressions on their faces while sitting in the White House spoke volumes about their accomplishment.  That pride, however, was not simply because they delivered a report; it was also because the report represented a defining moment in American policing and a once-in-a-lifetime opportunity to redefine policing in a democratic society—a goal every member of the task force is committed to seeing through well beyond the completion of the report.

Their pride grew even stronger when the president sat down with the task force and began to discuss the importance of the recommendations and the report’s potential transformative impact on the field.  The president made it clear that the report would not sit on a shelf, but would serve as a catalyst for the type of police reform needed in communities across the country.

On July 23, the White House and the Office of Community Oriented Policing Services (COPS Office) took a notable step toward that goal and co-hosted a forum on the President’s Task Force on 21^st Century Policing.  More than 150 participants—including representatives from law enforcement, elected officials and community partners representing more than 40 cities—attended the event.  Throughout the full-day forum, senior administration officials joined attendees to discuss and share strategies for implementing the recommendations outlined in the task force report, and developed ideas that police and their communities across the country can use to enhance public safety while building trust.

Police chiefs, sheriffs, mayors, community leaders and other law enforcement professionals rolled up their sleeves to identify best practices and document implementation strategies to be included in a forthcoming publication that will serve as a national playbook for implementing the recommendations in the final task force report.  The collaborations I witnessed were not merely impressive—they were truly inspiring.

I have often said that advancement of community policing is the key strategy for improving public safety and security in this nation, and if the collaboration and strategizing I observed yesterday is any indication of what the future holds, we are moving in the right direction.  But there is still work to be done.

The COPS Office has already started to meet the challenges put forth by the task force and to implement recommendations outlined in the final report.  The COPS Office will continue to build community policing capacity and help make the streets of America safer through its hiring grants.  Our grants will also support programs aimed at building trust, reducing bias and helping law enforcement transform their agencies into departments that live up to the expectations of their communities.

To further assist the field in implementing the task force recommendations, the COPS Office has announced the creation of a new section within the COPS Office—the Policing Practices and Accountability Section—which will work closely with practitioners and researchers to provide technical assistance, identify industry best practices, provide crisis response services and develop strategies to best implement the recommendations in the field.

But we know that true change can only come from the field.  The COPS Office is committed to helping the field advance the field.

We are therefore asking you to answer the president’s call to action and use your leadership skills to advance the task force recommendations.  And as you do this work, please tell us how you are implementing the recommendations.  We are eager to learn what you are doing in your communities and to find out how your agency is moving the law enforcement profession forward—whether it’s a new department policy designed to encourage citizen engagement, a social media tool that helps gauge community sentiment or solve crimes, a training program intended to reduce implicit bias or a targeted enforcement effort that has been effective in reducing crime while maintaining civic involvement.

Please visit the task force’s new website and tell us about your efforts.

Thank you!

Courtesy of Acting Associate Attorney General Stuart F. Delery

Today, as we observe Military Consumer Protection Day, I want to highlight the resources available to help servicemembers and veterans protect themselves against fraud and make informed decisions about managing their money.  Protecting the rights and interests of the brave men and women of our military is a priority for the Department of Justice.  The Department endeavors to protect the health, safety, and economic security of servicemembers and veterans through criminal prosecutions and civil enforcement actions, including cases that help recoup money lost through fraud, loan defaults, and the abuse of federal funds.  We work closely with the Department of Defense, the Department of Veterans Affairs, and other agencies to identify and address the greatest threats to members of the military and veterans as consumers.  And U.S. Attorneys’ Offices around the country have established strong working relationships with military installations in their districts, collaborating with JAG Corps officers and others.

Military Consumer Protection Day also gives us an opportunity to focus on the federal and state laws directed at safeguarding the rights of servicemembers and veterans.   The Department has developed enforcement toolkits for U.S. Attorneys, State Attorneys General, and Judge Advocates detailing the specialized laws and resources available to respond to consumer fraud targeted at servicemembers, veterans and their families.  One of those laws is the Servicemembers Civil Relief Act (SCRA), which eases financial burdens on servicemembers by providing relief from credit obligations and court proceedings while they are on active duty.  It also postpones, suspends, terminates, or reduces the amount of certain civil obligations – including interest rates – for members of the armed forces.

We want to make sure servicemembers know about these protections – and know how to take advantage of them if they encounter illegal practices.  The Department’s recent successes in enforcing the SCRA demonstrate the breadth and importance of the rights it creates.  For example, the SCRA can protect servicemembers facing problems related to –

Student Loans: In United States v. Sallie Mae, Inc., 77,795 servicemembers will receive $60 million in compensation for having been charged excess interest on their student loans.  The settlement has also led the Department of Education to streamline the process under which servicemembers can obtain the interest rate benefit for their government-owned and guaranteed student loans.

Auto Repossession:  In United States v. Santander Consumer USA, Inc.,  Santander is required to pay over $10 million to more than 1,100 SCRA-protected servicemembers whose motor vehicles were repossessed unlawfully between January 2008 and February 2015.

Storage Auctions: In United States v. Horoy, Inc. d/b/a/ Across Town Movers, the consent order requires the defendants to pay $169,900 in damages to ten servicemembers for unlawfully auctioning off their stored goods without obtaining court orders, as required by the SCRA.

Mortgage Foreclosures: In the first wave of SCRA payments to go out under the National Mortgage Settlement, from JP Morgan Chase, Wells Fargo, Citi and GMAC Mortgage, 952 servicemembers are eligible to receive over $123 million for non-judicial foreclosures.  The banks will repair any negative credit report entries related to the allegedly wrongful foreclosures and will not pursue any remaining amounts owed under the mortgages. This joint federal-state agreement includes expanded protections for servicemembers.

The Department’s recently created Servicemembers and Veterans Initiative is further strengthening our comprehensive legal support and protection network for servicemembers, veterans and their families, through enforcement, education and access to justice. We’ll maintain an active website of resources, and perform outreach at military installations throughout the country – such as our participation in Military Consumer Protection Day activities at Joint Base McGuire/Dix/Lakehurst in New Jersey today.

We encourage servicemembers and veterans to be proactive in rooting out consumer fraud as well.  If you think your rights under the SCRA or other statutes  have been violated, or if you think there is a fraud scheme targeting servicemembers in your area, please reach out to your commander or legal services on your base.

The Servicemembers and Veterans Initiative and Military Consumer Protection Day are two examples of ways the U.S. government helps our men and women in uniform give their full attention to their military and professional responsibilities without adverse consequences for themselves or their families. Enhancing support for consumer protections will allow servicemembers to focus on their work safeguarding the country and help veterans live securely in the country they have sacrificed so much to protect and defend. 

Find detailed information about servicemembers’ and veterans’ consumer rights at http://www.military.ncpw.gov/ and www.servicemembers.gov.

Courtesy of Eve Hill, Deputy Assistant Attorney General for the Civil Rights Division

In 2000, Congress expanded the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act) to give federally-funded protection and advocacy systems (P&As) authority to investigate possible abuse or neglect occurring in the community, including in facilities, like schools, that provide services to people with mental illness. Congress’ goal in expanding the PAIMI Act was to fully protect individuals with mental illness.  Approximately 13.3 percent of school-age children nationwide receive treatment for a serious mental, behavioral or emotional disorder.  Researchers have identified schools as a critical location for screening and support services for children with mental health disabilities.  As a result, the national network of P&As plays a significant role in ensuring compliance with both PAIMI and the Americans with Disabilities Act (ADA). 

This month, the Departments of Justice and Health and Human Services filed a statement of interest in federal court in the case Disability Rights New York v. North Colonie Board of Education arguing that the PAIMI Act should be enforced to protect students with mental illness from abuse or neglect in public schools.  Specifically, the statement of interest argues that federal law authorizes Disability Rights New York (DRNY), a designated P&A in New York State, to investigate complaints about treatment of students with disabilities at New York State schools.  DRNY received six complaints about possible neglect, which led them to open an investigation.  As the departments noted in their statement of interest, it is not possible for the Justice Department to investigate every claim of abuse or neglect, but P&As are able to investigate many more PAIMI violations and often represent individuals in administrative hearings and in federal court to challenge abuse or neglect, including unnecessary seclusion or restraint.

The statement of interest highlights the critical role that P&As play in defending the rights of individuals with mental illness and all persons with disabilities, especially when it comes to children.  These children, who spend most of their day under the care and supervision of schools, are among the most vulnerable populations served by P&As and schools play an incredibly important role in screening and providing support services for children with mental illness.  However, if programs are not properly administered, children may be placed at risk.  As the statement of interest argues, the ability of P&As to monitor and investigate allegations of possible harm to children with mental illness in local schools is crucial to the system of protections against abuse and neglect that Congress created when it passed the PAIMI Act. 

The department’s filing in Disability Rights New York v. North Colonie Board of Education is just one example of the Justice Department’s Civil Rights Division’s efforts, especially as it comes to protecting students with mental illness from abuse or neglect in public schools. The division works to achieve equal opportunity for people with disabilities in the United States by implementing the ADA and other statutes.  The division’s enforcement, regulatory, coordination, and technical assistance activities, combined with an innovative mediation program and a robust technical assistance program, provide a cost-effective and dynamic approach for carrying out the ADA's mandates.

President Obama and Attorney General Holder emphasized in their FOIA Memoranda the importance of agencies working with FOIA requesters “in a spirit of cooperation.”  A key element of that cooperation is establishing and maintaining good communication with requesters.  In 2010, before the first anniversary of the issuance of Attorney General Holder’s FOIA Guidelines, the Office of Information Policy (OIP) issued guidance entitled The Importance of Good Communication with FOIA Requesters.  That guidance addressed several ways in which agencies could improve their communication practices. 

One of the topics addressed in OIP’s 2010 guidance was the use of  what is known as a “still-interested” inquiry, i.e., when an agency asks a requester whether he or she remains interested in the continued processing of their request.  OIP’s 2010 guidance advised agencies to be “mindful of the manner in which such inquiries are made,” and to afford requesters a reasonable amount of time to indicate their continued interest.

Today, OIP has released new guidance designed to further improve the way “still-interested” inquiries are utilized by agencies.  As noted in this new guidance:

“While use of ‘still-interested’ inquiries is an understandable way to help ensure that agency resources are appropriately spent processing requests for records where the requester remains interested in receiving the documents, it is equally important that requesters are not in any way disadvantaged by their use.”

The new guidance outlines a series of procedures that agencies should use when inquiring whether a requester remains interested in the continued processing of his or her request. 

These include:

• Reasonable Grounds to Make “Still-Interested” Inquiry in the First Instance – any “still-interested” inquiry should be limited to those situations where the agency has a reasonable basis to conclude that  the  requester’s interest in the records may have changed;
   
• Limiting the Number of Times “Still-Interested” Inquiries are Made – absent good cause, agencies should not inquire more than once whether a requester is still interested in the request;
   
• Using Requester’s Preferred Method of Communicating – email or telephone are often the most efficient ways to communicate with requesters and should be used as the default;
   
• Providing Requesters with a Reasonable Amount of Time and Method to Respond to “Still-Interested” Inquiries – the time period to allow requesters to respond to “still-interested” inquiries should be no shorter than thirty (30) working days and a simple response over the telephone, a reply to an email, or the checking of a box on a self-addressed form are all examples of easy methods that agencies can make available to requesters so that they can most readily respond to the inquiry; and
   
• Ensuring Requesters are Not Disadvantaged – in the event  a requester responds to a “still-interested” inquiry within a reasonable time after the deadline has passed, agencies should simply reopen the request and place it back into the agency’s queue in the same position it would have been had the “still-interested” inquiry not been sent.

Agencies should review their procedures on the use of “still-interested” inquiries to ensure they are in conformity with this new guidance.  OIP has prepared an implementation checklist to assist agencies in doing so. 

The full text of the guidance and its accompanying checklist, along with all other guidance issued by OIP, is available on our guidance page.   

Courtesy of Eve Hill, Deputy Assistant Attorney General of the Civil Rights Division

There are almost 90,000 units of state and local governments, each of which plays a fundamental role in the lives of its residents.  Not only do these governmental entities provide a wide array of programs, services, and activities to their residents, they also rely on their residents to participate in civic activities by voting, serving on advisory boards, running for office, volunteering in schools and countless other activities.  In the United States, more than 55 million Americans—18% of our population—have disabilities.  This number includes many people who became disabled while serving in the military.  And, by the year 2030, approximately 71.5 million baby boomers will be over age 65 and may need services and surroundings that meet their age-related physical needs.  And they, like all Ameri­cans, want to fully and meaningfully participate in all their state and local government has to offer.  The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities.  Under Title II of the ADA, people with disabilities are entitled to all of the rights, privileges, advan­tages and opportunities that others have when participating in civic activities.

To help state and local governments understand how the ADA applies to their particular programs, services and activities, the department has published a new technical assistance document, ADA Update: A Primer for State and Local Governments.  This 16-page illustrated guide provides practical, non-legal information that addresses Title II’s general nondiscrimination requirements, such as provisions relating to program accessibility, service animals, communicating with people with disabilities, power-driven mobility devices and policies and procedures.  The document also addresses how the 2010 ADA Standards for Accessible Design apply to existing buildings and facilities, new construction and alterations.  In addition to this primer, the department helps state and local governments through Project Civic Access—a wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the ADA.

This new document is available on the department’s ADA Website at http://www.ada.gov/regs2010/titleII_2010/title_ii_primer.html.  Also available on the ADA Website are a variety of additional technical assistance materials specifically for State and local governments addressing such topics as voting, emergency management, and community integration.  Individuals who have questions about this document, the requirements of Title II, or the ADA in general may call the department’s ADA Information Line (1-800-514-0301, Voice; 1-800-514-0383, TTY).  Specialists are available to answer questions Monday – Friday from 9:30 a.m. – 5:30 p.m. (Eastern Time), except on Thursdays when the hours are 12:30 p.m. – 5:30 p.m.  Calls are confidential. 

Courtesy of Principal Deputy Director Bea Hanson of the Office on Violence Against Women

As many of us are preparing for the end of school and summer vacation, communities across the world are gearing up to commemorate World Elder Abuse Awareness Day (WEAAD) on June 15. WEAAD was launched in 2006, to shine a spotlight on the abuse and neglect experienced by millions of older adults that is too often overlooked or unreported. On this day, we have the opportunity to increase awareness about abuse in later life, learn what to do if we suspect abuse or neglect, and stand united against elder abuse.

The Office on Violence Against Women (OVW) remains committed to raising awareness about abuse in later life.  Since 2006, 77 communities have received funding through OVW’s Enhanced Training and Services to End Abuse in Later Life Program. The Abuse in Later Life Program has made it possible for thousands of law enforcement officials, prosecutors, judges, victim service providers, and other professionals who work with older victims to receive vital training to on how to recognize and address elder abuse.  

On April 22 – 23, 2015, OVW and the National Clearinghouse on Abuse in Later Life (NCALL) convened a roundtable with national leaders and subject matter experts to talk about ways to improve the criminal justice and victim services responses to elder abuse. Based on this roundtable, OVW is working with NCALL to identify enhanced training opportunities and resources for criminal justice professionals and develop guiding principles, standards and practice guidelines on effectively serving older victims/survivors of abuse for both domestic violence and sexual assault programs and aging services organizations.

As the percentage of Americans over the age of 50 continues to grow, the number of older adults experiencing abuse in later life is also increasing. We encourage you to get involved in local WEAAD events because you can make a difference. Here are some ideas:

• Take advantage of World Elder Abuse Awareness Day to highlight domestic violence, sexual assault and stalking in later life in your community

• Use the phrase “victims across the lifespan” to promote recognition of older victims in written materials

• Include images of older adults in brochures, posters and presentations

• Include examples of abuse in later life in educational events

• Conduct outreach where older adults gather

• Highlight older victims during domestic violence, sexual violence and stalking awareness months

• Work collaboratively with experts in aging network services and elder abuse

Information and resources on elder abuse is available through the National Clearinghouse on Abuse in Later Life (NCALL), U.S. Department of Justice Elder Justice Website and the National Center on Elder Abuse (NCEA).  Additional information on World Elder Abuse Awareness Day can be found on the Administration for Community Living website.

If you or someone you know is experiencing abuse, neglect, or exploitation visit, U.S. Department of Justice Elder Justice Website,  NCEA’s State Resources webpage or call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY). 

Courtesy of Stuart F. Delery, Acting Associate Attorney General

The Department of Justice’s Office of Community Oriented Policing Services provides essential support to state, local, and tribal police departments.  Led by a former police chief who served for over 28 years in the Oakland and East Palo Alto Police Departments, the COPS Office is one of the nation’s foremost resources on building trust and mutual respect between law enforcement officers and the communities they serve.  It has worked with hundreds of police departments to provide training, lead collaborative efforts to improve policies and practices, and coordinate emergency assistance in response to a crisis.  It also administers grants that have allowed state, local, and tribal police departments to hire and retain an additional 126,000 officers, focused on top national priorities like preventing terrorism and violent crime.

Law enforcement organizations and civil rights leaders have praised the COPS Office’s work.  And its work is all the more critical given the tensions that recent incidents in Baltimore, Ferguson, North Charleston, and elsewhere have laid bare.

But instead of maintaining or expanding the COPS Office’s programs, the budget that the House of Representatives is about to consider would effectively eliminate them.  The White House Office of Management and Budget recently released a letter to the Hill expressing serious concerns about the House budget proposal.  It would cut all funding for the COPS Office’s training and critical response efforts, as well as funding for advancing community policing innovation in the field.  It would eliminate the COPS hiring grants.  Almost all of the existing functions of the COPS Office would lose their entire budget at the start of the next fiscal year. 

The proposed budget relocates the funding for peripherally related programs currently run out of other offices to the COPS Office.  But none of that money would fund the efforts that have been at the core of the COPS Office’s success. The COPS program is just one of many examples of the troubling, short-sighted cuts that result from Congressional Republicans’ insistence on maintaining sequestration funding levels in their FY 2016 budget. Sequestration was never intended to take effect: rather, it was supposed to threaten such drastic cuts to both defense and non-defense funding that policymakers would be motivated to come to the table and reduce the deficit through smart, balanced reforms.

Gutting the COPS Office would result in an estimated 1,300 fewer officers in cities and towns all across the country and diminish the capacity of the nation’s first responders.  Its full impact, however, would go beyond the loss of law enforcement personnel safeguarding communities.  That impact is best understood by looking at the kinds of remarkable support for police departments that also would be lost. 

For example, after a dramatic increase in officer-involved shootings in 2011, the Las Vegas Metropolitan Police Department Sheriff recognized a problem and called the COPS Office for help.  As part of a multi-year, voluntary collaborative review process, the COPS Office identified 75 findings and made recommendations that the department could implement to reduce the number of officer-involved shootings.

Three years after the initial report was issued, the Las Vegas department has implemented almost every recommendation.  Officer-involved shootings involving unarmed suspects have been significantly reduced.  The use of tasers, pepper spray, and batons has declined.  And the number of arrests has gone down, while public safety and community relations have improved considerably. 

Las Vegas is just one of the jurisdictions that have benefited from the COPS Office’s expertise.  Large cities like Philadelphia, regional centers like Spokane and Fayetteville, and smaller cities like Calexico and Salinas in California all are currently working with the COPS Office to address issues ranging from use of force to racial profiling, training, accountability systems, and community engagement.  Agencies across the nation are using COPS Office reports as self-assessment tools.

Just as importantly, when communities like Baltimore and Ferguson have faced crises, the COPS Office has helped law enforcement agencies respond swiftly, drawing on a nationwide network of experts and successfully connecting them with the people responsible for coordinating the law enforcement response on the ground.  Within days of recent outbreaks of violence, for example, the COPS Office has assembled a group of experience police chiefs to provide advice on best practices for crowd control that respected First Amendment rights while also protecting officers.  The COPS Office also provided critical response resources to police departments in Detroit, San Diego, New Orleans, and numerous other cities and towns facing a variety of challenges.

The payoff from an investment in the COPS programs has been more effective policing and safer communities. As we continue an emerging national dialogue about improving police-community relationships, the remarkable expertise and resources that the COPS Office brings to the table – including its ability to serve as a liaison between community and law enforcement leaders – are more important than ever.  Eliminating such a resource would be disastrous.  I urge Congress to restore funding for the COPS programs.