SEARCH Mid-Year Meeting Federal Legislative Briefing

SEARCH Mid-Year MeetingSEARCH Mid-Year MeetingFederal Legislative BriefingFederal Legislative Briefing

Robert R. BelairRobert R. BelairOldaker, Biden & BelairOldaker, Biden & Belair

January 25, 2006January 25, 2006Los Angeles, CALos Angeles, CA

Robert R. BelairRobert R. Belair

Criminal Justice Funding FY Criminal Justice Funding FY ‘06‘06

FY ‘06 CJS Appropriation provides FY ‘06 CJS Appropriation provides mostly level funding but with some mostly level funding but with some decreasesdecreases

The Conference Report includes the The Conference Report includes the following:following:

Byrne Discretionary Grants: $191.7 millionByrne Discretionary Grants: $191.7 million Byrne Formula Grants: $416.478 millionByrne Formula Grants: $416.478 million COPS: $478.3 millionCOPS: $478.3 million COPS Technologies: $139.9 millionCOPS Technologies: $139.9 million Weed and Seed: $50 millionWeed and Seed: $50 million CITA: $28.78 millionCITA: $28.78 million



• BJS: $35 millionBJS: $35 million NIJ: $55 millionNIJ: $55 million RISS: $40.2 millionRISS: $40.2 million Missing Children: $24 millionMissing Children: $24 million NCHIP: $10 millionNCHIP: $10 million White Collar Crime: $9 millionWhite Collar Crime: $9 million Offender Reentry: $5 millionOffender Reentry: $5 million Interoperable Communications: $139.9 Interoperable Communications: $139.9

millionmillion Global Justice Info Sharing Initiative: $10 Global Justice Info Sharing Initiative: $10

millionmillion



• SEARCH received an increase from SEARCH received an increase from 1.75 million in ’05 to 2.0 million in ’06.1.75 million in ’05 to 2.0 million in ’06.

• Number of Byrne earmarks jumped Number of Byrne earmarks jumped from 238 earmarks in ’05 to 402 from 238 earmarks in ’05 to 402 earmarks in ’06earmarks in ’06

• Number of “national earmarks” fell Number of “national earmarks” fell from 54 to 35from 54 to 35

• Technology related earmarks Technology related earmarks increased in Byrne to almost 15%increased in Byrne to almost 15%



• Projections for ’07:Projections for ’07:• Little or no growth for ’07 Justice Little or no growth for ’07 Justice

Assistance fundingAssistance funding• Earmarking is expected to be Earmarking is expected to be

under intense pressure and under intense pressure and criticismcriticism


Homeland Security Funding FY Homeland Security Funding FY ‘06‘06

In October, Congress approved the In October, Congress approved the DHS appropriations bill with some DHS appropriations bill with some decreasesdecreases

The bill includes:The bill includes: ODP discretionary grants: $1.155 billionODP discretionary grants: $1.155 billion ODP formula grants: $550 millionODP formula grants: $550 million


Homeland Security Funding FY Homeland Security Funding FY ’06’06

• High-threat area grants: $765 High-threat area grants: $765 millionmillion

Firefighter grants: $655 millionFirefighter grants: $655 million Information security and Information security and

infrastructure protection grants: infrastructure protection grants: $542.157 million $542.157 million

US-VISIT: $340 millionUS-VISIT: $340 million Information technology investment Information technology investment

and enhancement: $115 millionand enhancement: $115 million


DOJ ReauthorizationDOJ Reauthorization December 17, 2005: Congress passes the DOJ December 17, 2005: Congress passes the DOJ

Reauthorization Act, HR 3402Reauthorization Act, HR 3402 Includes express language authorizing SEARCH’s Includes express language authorizing SEARCH’s

National Technical Assistance and Training ProgramNational Technical Assistance and Training Program Sec. 1184. SEARCH GRANTSSec. 1184. SEARCH GRANTS (a) IN GENERAL.- Pursuant to subpart 1 of part E of (a) IN GENERAL.- Pursuant to subpart 1 of part E of

title I of the Omnibus Crime Control and Safe Streets title I of the Omnibus Crime Control and Safe Streets Act of 1968, the Attorney General may make grants to Act of 1968, the Attorney General may make grants to SEARCH, the National Consortium for Justice SEARCH, the National Consortium for Justice Information and Statistics, to carry out the operations Information and Statistics, to carry out the operations of the National Technical Assistance and Training of the National Technical Assistance and Training Program .Program .

(b) AUTHORIZATION OF APPROPRIATIONS. – There are (b) AUTHORIZATION OF APPROPRIATIONS. – There are authorized to be appropriated to the Attorney General authorized to be appropriated to the Attorney General to carry out this section $4,000,000 for each of fiscal to carry out this section $4,000,000 for each of fiscal years 2006 through 2009.years 2006 through 2009.


DOJ ReauthorizationDOJ Reauthorization Merges Byrne grants with Local Law Merges Byrne grants with Local Law

Enforcement Block grants to create Enforcement Block grants to create the Edward Byrne Memorial Justice the Edward Byrne Memorial Justice Assistance Grant ProgramAssistance Grant Program

Eliminates discretionary Byrne Eliminates discretionary Byrne grantsgrants

Establishes an Office of Applied Law Establishes an Office of Applied Law Enforcement Technology to Enforcement Technology to coordinate OJP grants made for the coordinate OJP grants made for the purpose of using/improving law purpose of using/improving law enforcement computer systemsenforcement computer systems


DOJ ReauthorizationDOJ Reauthorization Creates an Office of Community Capacity Creates an Office of Community Capacity

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

efforts and resourcesefforts and resources Provides information, training and technical Provides information, training and technical

assistanceassistance Provides support for inter- and intra-agency Provides support for inter- and intra-agency

task forcestask forces Assess neighborhood and community-based Assess neighborhood and community-based

law enforcement and crime prevention law enforcement and crime prevention strategies in coordination with NIJstrategies in coordination with NIJ


DOJ ReauthorizationDOJ Reauthorization Creates an Office of Audit, Creates an Office of Audit,

Assessment, and Management Assessment, and Management within OJPwithin OJP Assess and audit the performance of Assess and audit the performance of

grant programs conducted by the OJPgrant programs conducted by the OJP Evaluations do not impact NIJ program Evaluations do not impact NIJ program

evaluations, except that the directors of evaluations, except that the directors of OAAM and NIJ must consult with one OAAM and NIJ must consult with one anotheranother


DOJ ReauthorizationDOJ Reauthorization Reauthorizes COPS but effectively Reauthorizes COPS but effectively

consolidates it into a single grant consolidates it into a single grant programprogram

COPS remains legally independent of OJPCOPS remains legally independent of OJP Strengthens BJS’ responsibility for Strengthens BJS’ responsibility for

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

Enhances BJS authority for NCHIP and Enhances BJS authority for NCHIP and integrated CHRI systemintegrated CHRI system


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

Seed StrategiesSeed Strategies Amends the DNA Identification Act of Amends the DNA Identification Act of

1994 to permit law enforcement agents 1994 to permit law enforcement agents to take DNA samples from individuals to take DNA samples from individuals arrested/detained under federal arrested/detained under federal authorityauthority

Individuals can have the sample expunged if Individuals can have the sample expunged if they are not prosecuted, if they are they are not prosecuted, if they are acquitted, or if their conviction is overturnedacquitted, or if their conviction is overturned


DOJ ReauthorizationDOJ Reauthorization Includes Protect Act expansion and Includes Protect Act expansion and

reauthorizationreauthorization Expands pilots to any nonprofit providing Expands pilots to any nonprofit providing

care to children, the elderly or the care to children, the elderly or the handicappedhandicapped

Increases the number of background Increases the number of background checks per year under the pilot from checks per year under the pilot from 100,000 to 200,000100,000 to 200,000

Extends the pilot program for an additional Extends the pilot program for an additional 30 months (through the end of 2008)30 months (through the end of 2008)


Sex Offender RegistrySex Offender Registry Children’s Safety Act of 2005Children’s Safety Act of 2005

H.R. 3132 passed the House on September 14H.R. 3132 passed the House on September 14thth (371-52)(371-52)

Comprehensively amends the national sex Comprehensively amends the national sex offender registration programoffender registration program

In Senate Judiciary CommitteeIn Senate Judiciary Committee S. 1086S. 1086

Reported out of committee by voice vote in Reported out of committee by voice vote in OctoberOctober

Incorporates “Dru’s Law” which has already Incorporates “Dru’s Law” which has already passed the Senatepassed the Senate

Senate not planning on taking up House bill; Senate not planning on taking up House bill; will move Senate version and go to conferencewill move Senate version and go to conference


Sex Offender Registry: House Sex Offender Registry: House BillBill

Require each jurisdiction to maintain a Require each jurisdiction to maintain a jurisdiction wide sex offender databasejurisdiction wide sex offender database

Require sex offenders to register, including Require sex offenders to register, including retroactively, and update changesretroactively, and update changes

Require registry to include facts of the sex Require registry to include facts of the sex offense/criminal historyoffense/criminal history

Require registration for a minimum of 20 yearsRequire registration for a minimum of 20 years Require registrants to appear in person every 6 Require registrants to appear in person every 6

months for verification of informationmonths for verification of information Require officials to verify registrant addresses Require officials to verify registrant addresses

quarterly for misdemeanor offenders/monthly quarterly for misdemeanor offenders/monthly for felony/multiple offendersfor felony/multiple offenders



Direct Attorney General to use registry data to Direct Attorney General to use registry data to provide a publicly-available, searchable provide a publicly-available, searchable registry via the Internet.registry via the Internet.

Require each state to notify its attorney Require each state to notify its attorney general of impending release of sexually general of impending release of sexually violent predator or high-risk individualsviolent predator or high-risk individuals

Require each state to monitor any sex Require each state to monitor any sex offender who has been unconditionally offender who has been unconditionally released by the State and who has not been released by the State and who has not been civilly committed for at least a yearcivilly committed for at least a year

Reduce by 25% state funds through the Reduce by 25% state funds through the Violent Crime Control and Law Enforcement Violent Crime Control and Law Enforcement Act if a state fails to complyAct if a state fails to comply



Require registration officers to inform Require registration officers to inform certain local parties of the location of certain local parties of the location of each sex offendereach sex offender

Fund a demonstration project for sex Fund a demonstration project for sex offender monitoring devicesoffender monitoring devices

Provide access to the database for Provide access to the database for NCMECNCMEC

Provide a criminal penalty of 5-20 years Provide a criminal penalty of 5-20 years for failure to registerfor failure to register

Provide for civil commitment of sex Provide for civil commitment of sex offendersoffenders



Provide a grant program for sex offender Provide a grant program for sex offender apprehensionapprehension

Provide a penalty of 10 years to life for use of Provide a penalty of 10 years to life for use of a controlled substance in a sex offensea controlled substance in a sex offense

Expand the use of “DNA fingerprinting” in sex Expand the use of “DNA fingerprinting” in sex offender prosecutionoffender prosecution

Provide an aggravated penalty for sex offense Provide an aggravated penalty for sex offense against childrenagainst children

Require prospective foster parents to undergo Require prospective foster parents to undergo background checksbackground checks

Require sex offenders to submit to searches Require sex offenders to submit to searches based upon reasonable suspicionbased upon reasonable suspicion



Allow access to various FBI databases by child Allow access to various FBI databases by child welfare agencieswelfare agencies

Require GAO to study potential for using Require GAO to study potential for using driver’s license registration process as an driver’s license registration process as an additional registration requirement for sex additional registration requirement for sex offendersoffenders

Expansion of training/technology efforts with Expansion of training/technology efforts with Federal, State, and local law enforcement Federal, State, and local law enforcement officers by Attorney General and OJJDPofficers by Attorney General and OJJDP

Require DOJ/HHS to conduct a study into the Require DOJ/HHS to conduct a study into the creation of a nationwide, interstate tracking creation of a nationwide, interstate tracking system of individuals convicted of, or under system of individuals convicted of, or under investigation for child abuseinvestigation for child abuse



Authorizes school districts to access Authorizes school districts to access federal fingerprint based criminal federal fingerprint based criminal history records for prospective history records for prospective employees who will come in close employees who will come in close contact with studentscontact with students

Creates a national child abuse registry Creates a national child abuse registry within DOJwithin DOJ


REAL ID Act, H.R. 418REAL ID Act, H.R. 418 State participation is optionalState participation is optional Drivers license standards:Drivers license standards:

Physical security featuresPhysical security features Common machine-readable technologyCommon machine-readable technology Personal informationPersonal information VerificationVerification Legally allowed in countryLegally allowed in country


Immigration ReformImmigration Reform H.R. 4437 passed the House on December 16H.R. 4437 passed the House on December 16thth

Currently in SenateCurrently in Senate Provisions:Provisions:

Requires employers to electronically verify Requires employers to electronically verify work eligibility of all their workers within 6 work eligibility of all their workers within 6 yearsyears

Doubles employers’ penalties for hiring Doubles employers’ penalties for hiring undocumented workersundocumented workers

Establishes a task force to create a Establishes a task force to create a “comprehensive database” on fraudulent “comprehensive database” on fraudulent immigration documents that would be immigration documents that would be available to all law enforcement agenciesavailable to all law enforcement agencies


Immigration ReformImmigration Reform DHS has 3 to 10 days to investigate DHS has 3 to 10 days to investigate

fraudulent Social Security numbersfraudulent Social Security numbers No guest worker programNo guest worker program

Senate Judiciary Committee calls Senate Judiciary Committee calls immigration reform “top priority”immigration reform “top priority”


HAZMATHAZMAT SAFETEA (H.R. 3) was signed into law in SAFETEA (H.R. 3) was signed into law in

August 2005.August 2005. Requires TSA to create uniform standards for Requires TSA to create uniform standards for

licensing of hazardous material driverslicensing of hazardous material drivers Background check requirement required by PATRIOT Background check requirement required by PATRIOT

Act.Act. TSA has to create standards that would relate to TSA has to create standards that would relate to

collection, transmission, review of background collection, transmission, review of background information by the states, reasonable fees and information by the states, reasonable fees and standards to disqualify applicants.standards to disqualify applicants.

Bill prohibits Mexican/Canadian hazmat Bill prohibits Mexican/Canadian hazmat drivers unless they undergo a background drivers unless they undergo a background check as required by lawcheck as required by law

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