SEARCH Annual Meeting Federal Legislative Briefing

							 SEARCH Annual Meeting
Federal Legislative Briefing




     Robert R. Belair
  SEARCH General Counsel
      July 23, 2004
     Chicago, Illinois
            Criminal Justice Funding
       The House approved the FY 2005 CJS
        Appropriations bill on July 8th. The
        Senate has yet to consider the bill.
       The House bill includes the following:
         Byrne Discretionary Grants: $110 million
         SEARCH: Soft earmark
         Byrne Formula Grants: $634 million
         COPS: $686.2 million
         DNA Backlog: $175.8 million
         Weed and Seed: $51.1 million

                          Robert R. Belair
      Criminal Justice Funding

   BJS: $34 million
   NIJ: $55 million
   RISS: $40 million
   LLEBG: zeroed out, merged into Byrne
   Missing Children: $41 million
   NCHIP: $50 million
   White Collar Crime: $9 million



                    Robert R. Belair
      Criminal Justice Funding
   With crime rates decreasing and budget
    pressures increasing, little or no growth
    is expected in Justice Assistance funding
   In a flat funding environment,
    earmarking is expected to increase
   In a flat funding environment,
    discretionary grant funding is expected
    to decrease


                  Robert R. Belair
          Homeland Security Funding
       The House approved the FY 2005
        Department of Homeland Security
        appropriations bill on June 18th. The
        Senate Appropriations Committee
        approved its version on June 17th.
       The bills include the following:
         ODP basic formula grants: House - $1.25
          billion; Senate - $970 million
         Terrorism grants: House - $500 million; Senate
          - $400 million

                          Robert R. Belair
    Homeland Security Funding

   High-Threat area grants: House - $1.0
    billion; Senate - $1.2 billion
   Firefighter Grants: House - $600 million;
    Senate - $700 million
   Information Analysis and Infrastructure
    Protection Grants: House - $854.6
    million; Senate $875.6 million


                  Robert R. Belair
    Homeland Security Funding

   Both DHS bills include $2 billion for
    passenger screening
   Both DHS bills include $340 million for
    US-VISIT
   Both DHS bills include over $200 million
    for DHS information technology
    enhancements


                  Robert R. Belair
               DOJ Reauthorization
       March 31, 2004: House passed H.R. 3036
        Eliminates most OJP discretionary grant
         programs; merged these programs into new
         state and local block grant programs
        Partially reorganizes OJP including an Office of
         Applied Law Enforcement Technology to
         “provide leadership and focus to those grants
         of the Department …for…using or improving
         law enforcement computer systems.”



                          Robert R. Belair
                DOJ Reauthorization
       Creates a Community Capacity
        Development Office within OJP
         Promotes coordination of public and private
          efforts and resources
         Provides information, training and technical
          assistance
         Provides support for inter- and intra-agency
          task forces




                           Robert R. Belair
           DOJ Reauthorization
   Reauthorizes COPS but effectively merges
    OJP and COPS
   Strengthens BJS’ responsibility for criminal
    history improvement; NICS improvement;
    and state participation in national CHRI
    programs
   Eliminates BJA
   Reauthorizes Crime Identification
    Technology Act (CITA)

                     Robert R. Belair
           DOJ Reauthorization
   Creates a permanent Office of Weed and
    Seed Strategies
   Requires states to upload to CODIS the
    DNA of all persons convicted of a violent
    felony
   Creates anti-terrorism training grants for
    state and local law enforcement
   Strips DOJ of authority to reorganize OJP
    without first obtaining congressional
    authorization

                     Robert R. Belair
      Background Check Legislation

 Currently tracking almost 40 background
  check bills. Few, if any, will be enacted.
 Bills are inconsistent or silent on many key
  issues
   State or federal check or both?
   Prints or name-only?
   Fees?




                       Robert R. Belair
        Background Check Legislation

 Bills are piecemeal and require checks for a
  myriad of positions and licenses
 Generally, bills prescribe backgrounding for
  individuals:
     Providing services to vulnerable populations
     With access to protected areas
     With access to sensitive information or materials
     With national security or other important
      responsibilities



                         Robert R. Belair
           Pending Background Check
                  Legislation
   Two bills with background check provisions have
    passed one house:
     • H.R. 6: Requires background checks re: nuclear

       materials. Passed in the House on April 11, 2003.
       Failed in Senate in December, 2003.
     • S. 165: Requires background checks for all cargo

       aircraft employees. No mention of fees or
       fingerprints. Passed in Senate on May 8, 2003
       No action in House.



                          Robert R. Belair
             Pending Background Check
                    Legislation
   Bills that have been introduced require
    checks for:
    •   H.R. 18: Providers of Medicare services
    •   H.R. 208: Long-term care workers
    •   H.R. 364: Providers of medical transportation
        services to the elderly
    •   H.R. 439: Businesses that send employees into
        people’s houses
    •   H.R. 833: Mortgage brokers
    •   H.R. 891: Those with access to “sealed sources” of
        radioactive material

                           Robert R. Belair
       Pending Background Check
              Legislation
•   H.R. 1401/H.R. 2880: Mentors for foster care
    children
•   H.R. 1407: Locksmiths who provide services at
    federal executive and judicial facilities
•   H.R. 1644: Employees transporting nuclear
    materials
•   H.R. 1855: Employees in home health agencies
•   H.R. 2144: Airport screening personnel
•   H.R. 2145: Camp employees
•   H.R. 2463: Department of Defense contractors
•   H.R. 2761: Employees at nuclear facilities


                     Robert R. Belair
        Pending Background Check
               Legislation
•   H.R. 3534: Electronic fingerprints from US
    passport applicants
•   H.R. 3798: Miscellaneous airport employees
•   H.R. 3972: Online checks by state social services
    officers of individuals who are the subject of, or
    reside with, minors when child abuse or
    negligence investigation occurs
•   H.R. 4022: Security guards
•   H.R. 4060: Peace Corp volunteer checks
•   H.R. 4312: TSA checks of certain airport workers
•   H.R. 4504: Foster and adoptive parents
                      Robert R. Belair
        Pending Background Check
               Legislation

•   S. 6/S. 131: Employees at sensitive nuclear
    facilities
•   S. 157: Individuals with access to dangerous
    chemicals
•   S. 165: Employees of air cargo companies
•   S. 208: Air cargo handlers
•   S. 236: Alien flight school applicants



                      Robert R. Belair
        Pending Background Check
               Legislation
•   S. 333/S. 958: Nursing home employees
•   S. 342: Foster and adoptive parents
•   S. 769/S. 1743: Private security officers
•   S. 1043: All employees of nuclear facilities
•   S. 1601: Individuals working with native
    Americans
•   S. 1807: Purchasers of firearms at gun shows
•   S. 2279: Coordination and funding for background
    checks for transportation workers


                      Robert R. Belair
                Pending NICS/Brady Act
                      Legislation

•   S. 1706/H.R. 3237, NICS Improvement Act of 2003:
    Introduced Oct. 2, 2003
    •   Findings are adverse
        •   NICS rejected 632,000 individuals between
            11/98 and 8/03
        •   23 million state criminal records are not
            accessible to NICS
        •   15 million more state criminal records are
            incomplete

                            Robert R. Belair
               Pending NICS/Brady Act
                     Legislation
•   States are the primary cause of NICS delays
    and problems
    •   Failure to automate
    •   Failure to update
    •   Failure to format for NICS
    •   Only 45% of CHRI in the III includes dispositions
    •   40 states do not automate or make available
        mental health records to NICS



                           Robert R. Belair
              Pending NICS/Brady Act
                    Legislation
•   Of the 10 states submitting mental health
    data to NICS
    •   8 states have submitted less than 40 records per
        state
    •   One state has submitted 1,600 records
    •   Only one state has submitted all mental health
        records (50,000)
•   8 states do not make domestic violence
    restraining orders available to NICS
•   14 states do not make domestic violence
    misdemeanor conviction records available to
    NICS
                           Robert R. Belair
               NICS Act Provisions
•   3 years after enactment, states are eligible
    for a waiver of the 10% match under NCHIP
    if the state electronically provides 90% of
    information 30 years old or less relevant to
    eligibility to purchase a firearm
•   States shall also make available to the
    Attorney General all information regarding
    misdemeanor crimes of domestic violence
•   States shall also make available to the
    Attorney General all information regarding
    persons adjudicated as mentally defective
                      Robert R. Belair
                  NICS Act Provisions
•   $250 million a year is authorized for FY ’05 -
    FY ’07 for grants to the states consistent
    with NCHIP for:
    •   Electronic reporting systems to NICS
    •   NICS background checks
    •   Capturing final dispositions
    •   Supplying accurate and timely mental health
        information
    •   Supplying accurate and timely domestic violence
        information

                          Robert R. Belair
                  NICS Act Provisions
•   Penalties
    •   After 3 years, Attorney General may withhold up
        to 3% of Justice Assistance funding, and after 5
        years, 5%, if state fails to provide less than 60%
        of the relevant NICS information
    •   Attorney General may waive penalty if state is
        making a “reasonable effort” to comply




                           Robert R. Belair
                  NICS Act Provisions
•   Studies and reports
    •   BJS shall evaluate NICS’ operations and provide
        annual report to Congress
    •   BJS shall evaluate and report on state
        participation annually




                          Robert R. Belair
                  NICS Act Provisions
•   Grants to the courts
    •   Attorney General shall make grants to each state
        for the court system to improve transmittal to
        NICS of disposition information, domestic
        violence orders and mental health adjudications




                          Robert R. Belair
               Pending NICS/Brady Act
                     Legislation
   Other NICS/Brady Act legislation includes:
       H.R. 221: Licensed gun dealers to notify NICS of
        any background check conducted on a prospective
        gun buyer in previous 30 days
       H.R. 260: Registration of gun show promoters
       H.R. 899: All gun owners and purchasers in the
        U.S. to be licensed
       H.R. 936/S. 448/S. 22: Background checks for gun
        show purchases
       H.R. 2038: Background checks for transfers of
        semi-automatic and automatic weapons

                           Robert R. Belair
           Pending NICS/Brady Act
                 Legislation
   H.R. 3832: Background checks for gun show
    purchasers
   S. 2102: Disqualifies from buying firearms
    offenders convicted outside of US of a crime
    punishable by more than one year in jail
   S. 2129: Requires locking devices for handguns
   S. 2333: Disqualifies from buying firearms
    individuals convicted of two or more gang-related
    offenses


                       Robert R. Belair
       Pending Biometrics Legislation
 No legislation requiring or affecting the use of
  biometrics has been enacted during the 108th
  Congress
    H.R. 115: Requires all airport security screeners to
     be issued biometric security badges
    H.R. 1171: Authorizes AG to provide grants to law
     enforcement agencies to use iris scan technology
    H.R. 2376: Requires a biometric card to be issued
     to seaport employees
    S. 565: Authorizes grants to state and local
     governments to safeguard against counterfeiting
     of government documents; safeguards may
     include biometric identifiers

                         Robert R. Belair
    Pending Biometrics Legislation

 H.R. 4417: Extends by one year the deadline for
  machine readable, tamper resistant, biometric
  passports
 S. 2234: Accomplishes the same goal as H.R. 4417
 S. 2393: Grants for biometrics for aviation security




                      Robert R. Belair
                Pending Cyber-Security
                      Legislation
   S. 187: Requires the Chief Information
    Officer of each federal agency to:
       Identify the vulnerability of the agency’s
        information technology
       Establish performance goals for the agency to
        identify, train personnel and develop tools for
        protecting technology
       Report annually to OMB on its progress
       Undergo a review by the National Institute of
        Science and Technology

                           Robert R. Belair
             Pending Cyber-Security
                   Legislation
   H.R. 4520: Directs federal agencies to
    pursue improvements in information
    security
   S. 2021: DHS grants for information
    security
   S. 2145: Spyware notice and consent




                      Robert R. Belair
     Areas of Future Privacy Legislation
     Impacting Criminal Justice
   Camera surveillance
   RFID tags
   GPS and tracking
   Profiling and matrix
   Biometrics




                     Robert R. Belair
     Areas of Future Privacy Legislation
     Impacting Criminal Justice
   Private sector CHRI databases
   Access to court records
   Display of CHRI on the Internet
   Corrections databases
   Real-time access to CHRI
   Reintegration of offenders



                     Robert R. Belair