SEARCH Annual Meeting Federal Legislative Briefing

SEARCH Annual MeetingSEARCH Annual MeetingFederal Legislative BriefingFederal Legislative Briefing

Robert R. BelairRobert R. Belair

SEARCH General CounselSEARCH General Counsel

July 23, 2004July 23, 2004

Chicago, IllinoisChicago, Illinois


Criminal Justice FundingCriminal Justice Funding The House approved the FY 2005 CJS The House approved the FY 2005 CJS

Appropriations bill on July 8Appropriations bill on July 8thth. The . The Senate has yet to consider the bill.Senate has yet to consider the bill.

The House bill includes the The House bill includes the following:following:

Byrne Discretionary Grants: $110 millionByrne Discretionary Grants: $110 million SEARCH: Soft earmarkSEARCH: Soft earmark Byrne Formula Grants: $634 millionByrne Formula Grants: $634 million COPS: $686.2 millionCOPS: $686.2 million DNA Backlog: $175.8 millionDNA Backlog: $175.8 million Weed and Seed: $51.1 millionWeed and Seed: $51.1 million


Criminal Justice FundingCriminal Justice Funding

BJS: $34 millionBJS: $34 million NIJ: $55 millionNIJ: $55 million RISS: $40 millionRISS: $40 million LLEBG: zeroed out, merged into ByrneLLEBG: zeroed out, merged into Byrne Missing Children: $41 millionMissing Children: $41 million NCHIP: $50 millionNCHIP: $50 million White Collar Crime: $9 millionWhite Collar Crime: $9 million


Criminal Justice FundingCriminal Justice Funding With crime rates decreasing and With crime rates decreasing and

budget pressures increasing, little budget pressures increasing, little or no growth is expected in Justice or no growth is expected in Justice Assistance fundingAssistance funding

In a flat funding environment, In a flat funding environment, earmarking is expected to increaseearmarking is expected to increase

In a flat funding environment, In a flat funding environment, discretionary grant funding is discretionary grant funding is expected to decrease expected to decrease


Homeland Security Homeland Security FundingFunding

The House approved the FY 2005 The House approved the FY 2005 Department of Homeland Security Department of Homeland Security appropriations bill on June 18appropriations bill on June 18thth. The . The Senate Appropriations Committee Senate Appropriations Committee approved its version on June 17approved its version on June 17thth..

The bills include the following:The bills include the following: ODP basic formula grants: House - $1.25 ODP basic formula grants: House - $1.25

billion; Senate - $970 millionbillion; Senate - $970 million Terrorism grants: House - $500 million; Terrorism grants: House - $500 million;

Senate - $400 millionSenate - $400 million



High-Threat area grants: House - High-Threat area grants: House - $1.0 billion; Senate - $1.2 billion$1.0 billion; Senate - $1.2 billion

Firefighter Grants: House - $600 Firefighter Grants: House - $600 million; Senate - $700 millionmillion; Senate - $700 million

Information Analysis and Information Analysis and Infrastructure Protection Grants: Infrastructure Protection Grants: House - $854.6 million; Senate House - $854.6 million; Senate $875.6 million $875.6 million



Both DHS bills include $2 billion for Both DHS bills include $2 billion for passenger screeningpassenger screening

Both DHS bills include $340 million Both DHS bills include $340 million for US-VISITfor US-VISIT

Both DHS bills include over $200 Both DHS bills include over $200 million for DHS information million for DHS information technology enhancements technology enhancements


DOJ ReauthorizationDOJ Reauthorization March 31, 2004: House passed H.R. March 31, 2004: House passed H.R.

30363036 Eliminates most OJP discretionary grant Eliminates most OJP discretionary grant

programs; merged these programs into programs; merged these programs into new state and local block grant programsnew state and local block grant programs

Partially reorganizes OJP including an Partially reorganizes OJP including an Office of Applied Law Enforcement Office of Applied Law Enforcement Technology to “provide leadership and Technology to “provide leadership and focus to those grants of the Department focus to those grants of the Department …for…using or improving law enforcement …for…using or improving law enforcement computer systems.”computer systems.”


DOJ ReauthorizationDOJ Reauthorization Creates a Community Capacity Creates a Community Capacity

Development Office within OJPDevelopment Office within OJP Promotes coordination of public and Promotes coordination of public and

private efforts and resourcesprivate efforts and resources Provides information, training and Provides information, training and

technical assistancetechnical assistance Provides support for inter- and intra-Provides support for inter- and intra-

agency task forcesagency task forces


DOJ ReauthorizationDOJ Reauthorization Reauthorizes COPS but effectively Reauthorizes COPS but effectively

merges OJP and COPSmerges OJP and COPS Strengthens BJS’ responsibility for Strengthens BJS’ responsibility for

criminal history improvement; NICS criminal history improvement; NICS improvement; and state participation improvement; and state participation in national CHRI programsin national CHRI programs

Eliminates BJAEliminates BJA Reauthorizes Crime Identification Reauthorizes Crime Identification

Technology Act (CITA)Technology Act (CITA)


DOJ ReauthorizationDOJ Reauthorization Creates a permanent Office of Weed Creates a permanent Office of Weed

and Seed Strategiesand Seed Strategies Requires states to upload to CODIS Requires states to upload to CODIS

the DNA of all persons convicted of a the DNA of all persons convicted of a violent felonyviolent felony

Creates anti-terrorism training grants Creates anti-terrorism training grants for state and local law enforcementfor state and local law enforcement

Strips DOJ of authority to reorganize Strips DOJ of authority to reorganize OJP without first obtaining OJP without first obtaining congressional authorizationcongressional authorization


Background Check Background Check LegislationLegislation

Currently tracking almost 40 Currently tracking almost 40 background check bills. Few, if any, background check bills. Few, if any, will be enacted.will be enacted.

Bills are inconsistent or silent on many Bills are inconsistent or silent on many key issueskey issues State or federal check or both?State or federal check or both? Prints or name-only?Prints or name-only? Fees?Fees?


Background Check Background Check LegislationLegislation

Bills are piecemeal and require checks Bills are piecemeal and require checks for a myriad of positions and licensesfor a myriad of positions and licenses

Generally, bills prescribe Generally, bills prescribe backgrounding for individuals:backgrounding for individuals: Providing services to vulnerable Providing services to vulnerable

populationspopulations With access to protected areasWith access to protected areas With access to sensitive information or With access to sensitive information or

materialsmaterials With national security or other important With national security or other important

responsibilitiesresponsibilities


Pending Background Check Pending Background Check LegislationLegislation

Two bills with background check provisions Two bills with background check provisions have passed one house:have passed one house:• H.R. 6: Requires background checks re: H.R. 6: Requires background checks re:

nuclear materials. Passed in the House on nuclear materials. Passed in the House on April 11, 2003. Failed in Senate in April 11, 2003. Failed in Senate in December, 2003.December, 2003.

• S. 165: Requires background checks for all S. 165: Requires background checks for all cargo aircraft employees. No mention of cargo aircraft employees. No mention of fees or fingerprints. Passed in Senate on fees or fingerprints. Passed in Senate on May 8, 2003 No action in House.May 8, 2003 No action in House.



Bills that have been introduced require Bills that have been introduced require checks for:checks for:• H.R. 18: Providers of Medicare servicesH.R. 18: Providers of Medicare services• H.R. 208: Long-term care workers H.R. 208: Long-term care workers • H.R. 364: Providers of medical H.R. 364: Providers of medical

transportation services to the elderlytransportation services to the elderly• H.R. 439: Businesses that send employees H.R. 439: Businesses that send employees

into people’s housesinto people’s houses• H.R. 833: Mortgage brokers H.R. 833: Mortgage brokers • H.R. 891: Those with access to “sealed H.R. 891: Those with access to “sealed

sources” of radioactive materialsources” of radioactive material



• H.R. 1401/H.R. 2880: Mentors for foster care H.R. 1401/H.R. 2880: Mentors for foster care childrenchildren

• H.R. 1407: Locksmiths who provide services H.R. 1407: Locksmiths who provide services at federal executive and judicial facilitiesat federal executive and judicial facilities

• H.R. 1644: Employees transporting nuclear H.R. 1644: Employees transporting nuclear materialsmaterials

• H.R. 1855: Employees in home health H.R. 1855: Employees in home health agenciesagencies

• H.R. 2144: Airport screening personnelH.R. 2144: Airport screening personnel• H.R. 2145: Camp employeesH.R. 2145: Camp employees• H.R. 2463: Department of Defense H.R. 2463: Department of Defense

contractors contractors • H.R. 2761: Employees at nuclear facilitiesH.R. 2761: Employees at nuclear facilities



• H.R. 3534: Electronic fingerprints from US H.R. 3534: Electronic fingerprints from US passport applicantspassport applicants

• H.R. 3798: Miscellaneous airport employeesH.R. 3798: Miscellaneous airport employees• H.R. 3972: Online checks by state social H.R. 3972: Online checks by state social

services officers of individuals who are the services officers of individuals who are the subject of, or reside with, minors when child subject of, or reside with, minors when child abuse or negligence investigation occursabuse or negligence investigation occurs

• H.R. 4022: Security guardsH.R. 4022: Security guards• H.R. 4060: Peace Corp volunteer checksH.R. 4060: Peace Corp volunteer checks• H.R. 4312: TSA checks of certain airport H.R. 4312: TSA checks of certain airport

workers workers • H.R. 4504: Foster and adoptive parentsH.R. 4504: Foster and adoptive parents



• S. 6/S. 131: Employees at sensitive nuclear S. 6/S. 131: Employees at sensitive nuclear facilitiesfacilities

• S. 157: Individuals with access to dangerous S. 157: Individuals with access to dangerous chemicalschemicals

• S. 165: Employees of air cargo companiesS. 165: Employees of air cargo companies• S. 208: Air cargo handlersS. 208: Air cargo handlers• S. 236: Alien flight school applicantsS. 236: Alien flight school applicants



• S. 333/S. 958: Nursing home employeesS. 333/S. 958: Nursing home employees• S. 342: Foster and adoptive parentsS. 342: Foster and adoptive parents• S. 769/S. 1743: Private security officersS. 769/S. 1743: Private security officers• S. 1043: All employees of nuclear facilitiesS. 1043: All employees of nuclear facilities• S. 1601: Individuals working with native S. 1601: Individuals working with native

AmericansAmericans• S. 1807: Purchasers of firearms at gun showsS. 1807: Purchasers of firearms at gun shows• S. 2279: Coordination and funding for S. 2279: Coordination and funding for

background checks for transportation workersbackground checks for transportation workers


Pending NICS/Brady Act Pending NICS/Brady Act LegislationLegislation

• S. 1706/H.R. 3237, NICS Improvement Act of S. 1706/H.R. 3237, NICS Improvement Act of 2003: Introduced Oct. 2, 20032003: Introduced Oct. 2, 2003• Findings are adverseFindings are adverse

• NICS rejected 632,000 individuals NICS rejected 632,000 individuals between 11/98 and 8/03between 11/98 and 8/03

• 23 million state criminal records are not 23 million state criminal records are not accessible to NICSaccessible to NICS

• 15 million more state criminal records are 15 million more state criminal records are incompleteincomplete



• States are the primary cause of NICS States are the primary cause of NICS delays and problemsdelays and problems• Failure to automateFailure to automate• Failure to updateFailure to update• Failure to format for NICSFailure to format for NICS• Only 45% of CHRI in the III includes Only 45% of CHRI in the III includes

dispositionsdispositions• 40 states do not automate or make 40 states do not automate or make

available mental health records to NICS available mental health records to NICS



• Of the 10 states submitting mental Of the 10 states submitting mental health data to NICShealth data to NICS• 8 states have submitted less than 40 8 states have submitted less than 40

records per staterecords per state• One state has submitted 1,600 recordsOne state has submitted 1,600 records• Only one state has submitted all mental Only one state has submitted all mental

health records (50,000)health records (50,000)• 8 states do not make domestic violence 8 states do not make domestic violence

restraining orders available to NICSrestraining orders available to NICS• 14 states do not make domestic 14 states do not make domestic

violence misdemeanor conviction violence misdemeanor conviction records available to NICSrecords available to NICS


NICS Act ProvisionsNICS Act Provisions• 3 years after enactment, states are 3 years after enactment, states are

eligible for a waiver of the 10% match eligible for a waiver of the 10% match under NCHIP if the state electronically under NCHIP if the state electronically provides 90% of information 30 years old provides 90% of information 30 years old or less relevant to eligibility to purchase a or less relevant to eligibility to purchase a firearmfirearm

• States shall also make available to the States shall also make available to the Attorney General all information regarding Attorney General all information regarding misdemeanor crimes of domestic violencemisdemeanor crimes of domestic violence

• States shall also make available to the States shall also make available to the Attorney General all information regarding Attorney General all information regarding persons adjudicated as mentally defectivepersons adjudicated as mentally defective


NICS Act ProvisionsNICS Act Provisions• $250 million a year is authorized for FY $250 million a year is authorized for FY

’05 -FY ’07 for grants to the states ’05 -FY ’07 for grants to the states consistent with NCHIP for:consistent with NCHIP for:• Electronic reporting systems to NICSElectronic reporting systems to NICS• NICS background checksNICS background checks• Capturing final dispositionsCapturing final dispositions• Supplying accurate and timely mental Supplying accurate and timely mental

health informationhealth information• Supplying accurate and timely domestic Supplying accurate and timely domestic

violence informationviolence information


NICS Act ProvisionsNICS Act Provisions

• PenaltiesPenalties• After 3 years, Attorney General may After 3 years, Attorney General may

withhold up to 3% of Justice Assistance withhold up to 3% of Justice Assistance funding, and after 5 years, 5%, if state fails funding, and after 5 years, 5%, if state fails to provide less than 60% of the relevant to provide less than 60% of the relevant NICS informationNICS information

• Attorney General may waive penalty if state Attorney General may waive penalty if state is making a “reasonable effort” to complyis making a “reasonable effort” to comply



• Studies and reportsStudies and reports• BJS shall evaluate NICS’ operations and BJS shall evaluate NICS’ operations and

provide annual report to Congressprovide annual report to Congress• BJS shall evaluate and report on state BJS shall evaluate and report on state

participation annuallyparticipation annually



• Grants to the courtsGrants to the courts• Attorney General shall make grants to each Attorney General shall make grants to each

state for the court system to improve state for the court system to improve transmittal to NICS of disposition transmittal to NICS of disposition information, domestic violence orders and information, domestic violence orders and mental health adjudicationsmental health adjudications



Other NICS/Brady Act legislation Other NICS/Brady Act legislation includesincludes:: H.R. 221: Licensed gun dealers to notify NICS H.R. 221: Licensed gun dealers to notify NICS

of any background check conducted on a of any background check conducted on a prospective gun buyer in previous 30 daysprospective gun buyer in previous 30 days

H.R. 260: Registration of gun show promotersH.R. 260: Registration of gun show promoters H.R. 899: All gun owners and purchasers in H.R. 899: All gun owners and purchasers in

the U.S. to be licensedthe U.S. to be licensed H.R. 936/S. 448/S. 22: Background checks for H.R. 936/S. 448/S. 22: Background checks for

gun show purchasesgun show purchases H.R. 2038: Background checks for transfers of H.R. 2038: Background checks for transfers of

semi-automatic and automatic weaponssemi-automatic and automatic weapons



H.R. 3832: Background checks for gun show H.R. 3832: Background checks for gun show purchaserspurchasers

S. 2102: Disqualifies from buying firearms S. 2102: Disqualifies from buying firearms offenders convicted outside of US of a crime offenders convicted outside of US of a crime punishable by more than one year in jailpunishable by more than one year in jail

S. 2129: Requires locking devices for S. 2129: Requires locking devices for handgunshandguns

S. 2333: Disqualifies from buying firearms S. 2333: Disqualifies from buying firearms individuals convicted of two or more gang-individuals convicted of two or more gang-related offensesrelated offenses


Pending Biometrics Pending Biometrics LegislationLegislation

No legislation requiring or affecting the use of No legislation requiring or affecting the use of biometrics has been enacted during the 108biometrics has been enacted during the 108thth Congress Congress H.R. 115: Requires all airport security screeners H.R. 115: Requires all airport security screeners

to be issued biometric security badgesto be issued biometric security badges H.R. 1171: Authorizes AG to provide grants to H.R. 1171: Authorizes AG to provide grants to

law enforcement agencies to use iris scan law enforcement agencies to use iris scan technology technology

H.R. 2376: Requires a biometric card to be H.R. 2376: Requires a biometric card to be issued to seaport employeesissued to seaport employees

S. 565: Authorizes grants to state and local S. 565: Authorizes grants to state and local governments to safeguard against governments to safeguard against counterfeiting of government documents; counterfeiting of government documents; safeguards may include biometric identifierssafeguards may include biometric identifiers


Pending Biometrics Pending Biometrics LegislationLegislation

H.R. 4417: Extends by one year the deadline H.R. 4417: Extends by one year the deadline for machine readable, tamper resistant, for machine readable, tamper resistant, biometric passportsbiometric passports

S. 2234: Accomplishes the same goal as H.R. S. 2234: Accomplishes the same goal as H.R. 44174417

S. 2393: Grants for biometrics for aviation S. 2393: Grants for biometrics for aviation securitysecurity


Pending Cyber-Security Pending Cyber-Security LegislationLegislation

S. 187: Requires the Chief Information S. 187: Requires the Chief Information Officer of each federal agency to:Officer of each federal agency to: Identify the vulnerability of the agency’s Identify the vulnerability of the agency’s

information technologyinformation technology Establish performance goals for the agency Establish performance goals for the agency

to identify, train personnel and develop to identify, train personnel and develop tools for protecting technologytools for protecting technology

Report annually to OMB on its progressReport annually to OMB on its progress Undergo a review by the National Institute Undergo a review by the National Institute

of Science and Technologyof Science and Technology


Pending Cyber-Security Pending Cyber-Security LegislationLegislation

H.R. 4520: Directs federal agencies to H.R. 4520: Directs federal agencies to pursue improvements in information pursue improvements in information securitysecurity

S. 2021: DHS grants for information S. 2021: DHS grants for information securitysecurity

S. 2145: Spyware notice and consentS. 2145: Spyware notice and consent


Areas of Future Privacy Areas of Future Privacy Legislation Impacting Criminal Legislation Impacting Criminal JusticeJustice

Camera surveillanceCamera surveillance RFID tagsRFID tags GPS and trackingGPS and tracking Profiling and matrixProfiling and matrix BiometricsBiometrics


Areas of Future Privacy Areas of Future Privacy Legislation Impacting Criminal Legislation Impacting Criminal JusticeJustice

Private sector CHRI databasesPrivate sector CHRI databases Access to court recordsAccess to court records Display of CHRI on the InternetDisplay of CHRI on the Internet Corrections databasesCorrections databases Real-time access to CHRIReal-time access to CHRI Reintegration of offendersReintegration of offenders

Documents

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