SEARCH Mid-Year Meeting Federal Legislative Briefing

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

Robert R. BelairRobert R. Belair

SEARCH General CounselSEARCH General Counsel

January 28, 2005January 28, 2005

St. Petersburg, Florida St. Petersburg, Florida


Criminal Justice FundingCriminal Justice Funding FY 2005 CJS Appropriation provides FY 2005 CJS Appropriation provides

level funding with some decreases level funding with some decreases The Conference Report includes the The Conference Report includes the

following:following: Byrne Discretionary Grants: $170 millionByrne Discretionary Grants: $170 million Byrne Formula Grants: $634 millionByrne Formula Grants: $634 million COPS: $606 millionCOPS: $606 million COPS Technologies: $138.6 millionCOPS Technologies: $138.6 million DNA Backlog: $110 millionDNA Backlog: $110 million Weed and Seed: $62 millionWeed and Seed: $62 million CITA: $28.45 millionCITA: $28.45 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: $46.9 millionMissing Children: $46.9 million NCHIP: $25 millionNCHIP: $25 million White Collar Crime: $9 millionWhite Collar Crime: $9 million Offender Reentry: $10 millionOffender Reentry: $10 million Interoperable Communications: $100 Interoperable Communications: $100

millionmillion Global Justice Info Sharing Initiative: Global Justice Info Sharing Initiative:

$10.5 million$10.5 million


Criminal Justice FundingCriminal Justice Funding• SEARCH received its first ever decrease, SEARCH received its first ever decrease,

from $2.0 million to $1.75 millionfrom $2.0 million to $1.75 million• Number of Byrne earmarks jumped from Number of Byrne earmarks jumped from

about 100 earmarks in ’04 to 238 about 100 earmarks in ’04 to 238 earmarks in ’05earmarks in ’05

• Number of “national earmarks” jumped Number of “national earmarks” jumped from 20 to 54from 20 to 54

• Technology related earmarks reduced in Technology related earmarks reduced in Byrne to less than 10%Byrne to less than 10%


Criminal Justice FundingCriminal Justice Funding

Little or no growth is expected for Little or no growth is expected for ’06 Justice Assistance funding’06 Justice Assistance funding

Earmarking is expected to continue Earmarking is expected to continue to explodeto explode

Block grant funding is expected to Block grant funding is expected to decrease decrease


Homeland Security Homeland Security FundingFunding

In October, Congress approved the In October, Congress approved the DHS appropriations billDHS appropriations bill

The bill includes:The bill includes: ODP discretionary grants: $3.086 billionODP discretionary grants: $3.086 billion ODP formula grants: $1.1 billionODP formula grants: $1.1 billion Terrorism grants: $400 millionTerrorism grants: $400 million



High-threat area grants: $885 High-threat area grants: $885 millionmillion

Firefighter grants: $715 millionFirefighter grants: $715 million Information analysis and Information analysis and

infrastructure protection grants: infrastructure protection grants: $761.6 million $761.6 million



Passenger screening: $1.45 billionPassenger screening: $1.45 billion US-VISIT: $340 millionUS-VISIT: $340 million Information technology investment Information technology investment

and enhancement: $208 millionand enhancement: $208 million


Background Check Background Check LegislationLegislation

On December 17On December 17thth, the Congress , the Congress enacted S. 2845 (H.R. 10), the enacted S. 2845 (H.R. 10), the Intelligence Reform and Terrorism Intelligence Reform and Terrorism Prevention Act of 2004Prevention Act of 2004

Extends the Protect Act’s pilots and Extends the Protect Act’s pilots and study for National Child Protection Act study for National Child Protection Act background checks for another 12 background checks for another 12 months (until the fall of 2005)months (until the fall of 2005)



Enacts private security officer Enacts private security officer background legislation:background legislation: Private security industry authorized to Private security industry authorized to

submit fingerprints to the ID Bureau in a submit fingerprints to the ID Bureau in a participating state in which the employer participating state in which the employer is located for a state and national criminal is located for a state and national criminal record background checkrecord background check

All states deemed to be “participating All states deemed to be “participating states” unlessstates” unless the state adopts a law the state adopts a law opting-out or the governor issues an opting-out or the governor issues an order opting-outorder opting-out

All participating states are permitted to All participating states are permitted to assess “reasonable fees”assess “reasonable fees”



As originally introduced in the House, As originally introduced in the House, H.R. 10 would have permitted any H.R. 10 would have permitted any employer, with state authorization, to employer, with state authorization, to obtain access to IAFIS for background obtain access to IAFIS for background checkingchecking

As amended in the House, H.R. 10 As amended in the House, H.R. 10 would have required the Attorney would have required the Attorney General to conduct a pilot to test the General to conduct a pilot to test the feasibility of employer access to IAFISfeasibility of employer access to IAFIS



As adopted in conference, S. 2845 As adopted in conference, S. 2845 requires the Attorney General to conduct requires the Attorney General to conduct a comprehensive study of criminal a comprehensive study of criminal background check issues. The study must background check issues. The study must address:address: All statutory requirements for criminal history All statutory requirements for criminal history

record checks that are required to be record checks that are required to be conducted by the Department of Justiceconducted by the Department of Justice

The effectiveness and efficiency of utilizing The effectiveness and efficiency of utilizing commercially available databases as a commercially available databases as a supplement to IAFIS checkssupplement to IAFIS checks

Any security concerns created by the Any security concerns created by the existence of these commercially available existence of these commercially available databasesdatabases

The effectiveness of utilizing state databasesThe effectiveness of utilizing state databases



Any feasibility studies by the Department Any feasibility studies by the Department of Justice regarding the resources and of Justice regarding the resources and structures to establish a system to provide structures to establish a system to provide criminal history informationcriminal history information

Privacy rights and other employee Privacy rights and other employee protectionsprotections

The scope and means of processing The scope and means of processing background checks for private employers background checks for private employers utilizing data maintained by the FBI in utilizing data maintained by the FBI in cases where the authority for such checks cases where the authority for such checks is not available at the state levelis not available at the state level

Any restrictions that should be placed on Any restrictions that should be placed on the ability of an employer to charge an the ability of an employer to charge an employee or applicant for the checkemployee or applicant for the check



Requirements that should apply to the Requirements that should apply to the handling of incomplete recordshandling of incomplete records

The circumstances under which the actual The circumstances under which the actual criminal history record (rap sheet) should criminal history record (rap sheet) should be disseminated by the employerbe disseminated by the employer

The type of restrictions that should be The type of restrictions that should be imposed concerning response timesimposed concerning response times

Any infrastructure that may need to be Any infrastructure that may need to be developed to support these checks, developed to support these checks, including the means by which information including the means by which information and fingerprints are collected and and fingerprints are collected and submitted and the system capacity needed submitted and the system capacity needed to process such checks at the federal and to process such checks at the federal and state levelstate level



The Attorney General has only six The Attorney General has only six months to complete the studymonths to complete the study After six months, the Attorney General After six months, the Attorney General

must file a report with the House and must file a report with the House and Senate Judiciary Committees conveying Senate Judiciary Committees conveying recommendations for “improving, recommendations for “improving, standardizing, and consolidating the standardizing, and consolidating the existing statutory authorization, programs existing statutory authorization, programs and procedures for the conduct of criminal and procedures for the conduct of criminal history record checks for non-criminal history record checks for non-criminal justice purposes”justice purposes”



In conducting this study, the Act requires In conducting this study, the Act requires the Attorney General to consult with the Attorney General to consult with “representatives of state criminal history “representatives of state criminal history repositories, the National Crime Prevention repositories, the National Crime Prevention and Privacy Compact Council, appropriate and Privacy Compact Council, appropriate representatives of private industry, and representatives of private industry, and representatives of labor, as determined by representatives of labor, as determined by the Attorney General”the Attorney General”



DOJ study under way at the same time DOJ study under way at the same time as nearly identical SEARCH/BJS Task as nearly identical SEARCH/BJS Task Force Study and ReportForce Study and Report

Explosion in backgrounding and 9/11 Explosion in backgrounding and 9/11 concerns are motivating Congress to concerns are motivating Congress to comprehensively reform the CHRI comprehensively reform the CHRI background check processbackground check process



Congress came close to acting Congress came close to acting preemptively and definitively last yearpreemptively and definitively last year

May be late in ‘05 or ‘06 before May be late in ‘05 or ‘06 before Congress becomes fully engaged Congress becomes fully engaged


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


DOJ ReauthorizationDOJ Reauthorization

Senate bill, S. 2863, introduced by Senate bill, S. 2863, introduced by Judiciary Committee Chairman Orrin Judiciary Committee Chairman Orrin Hatch (R-UT) on Sept. 29, 2004Hatch (R-UT) on Sept. 29, 2004


DOJ ReauthorizationDOJ Reauthorization Includes express language authorizing SEARCH’s Includes express language authorizing SEARCH’s

National Technical Assistance and Training ProgramNational Technical Assistance and Training Program Sec. 237. SEARCH, THE NATIONAL CONSORTIUM FOR Sec. 237. SEARCH, THE NATIONAL CONSORTIUM FOR

JUSTICE INFORMATION AND STATISTICS.JUSTICE INFORMATION AND STATISTICS.(a) IN GENERAL.- Pursuant to subpart 1o of part E of (a) IN GENERAL.- Pursuant to subpart 1o 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 Director of the Bureau of Justice Act of 1968, the Director of the Bureau of Justice Assistance shall make grants to SEARCH, the Assistance shall make grants to SEARCH, the National Consortium for Justice Information and National Consortium for Justice Information and Statistics, to carry out the operations of the National Statistics, to carry out the operations of the National Technical Assistance and Training Program operated Technical Assistance and Training Program operated by SEARCH under the direction of the Office of by SEARCH under the direction of the Office of Justice Programs.Justice Programs.(b) AUTHORIZATION OF APPROPRIATIONS. – There (b) AUTHORIZATION OF APPROPRIATIONS. – There are authorized to be appropriated in each of fiscal are authorized to be appropriated in each of fiscal years 2005, 2006 and 2007, $4,000,000 to carry out years 2005, 2006 and 2007, $4,000,000 to carry out this section.this section.


DOJ ReauthorizationDOJ Reauthorization Senate bill does not include most of Senate bill does not include most of

House OJP reorganization provisionsHouse OJP reorganization provisions Merges Byrne formula and Local Law Merges Byrne formula and Local Law

Enforcement block grantsEnforcement block grants Enhances BJS authority for NCHIP and Enhances BJS authority for NCHIP and

integrated CHRI system authorityintegrated CHRI system authority Provides authorization for NCPC Provides authorization for NCPC

(McGruff) with a 30% match(McGruff) with a 30% match Provides authorization for Boys and Provides authorization for Boys and

Girls ClubsGirls Clubs


NICS LegislationNICS Legislation

Bills introduced in 10Bills introduced in 10thth Congress aimed Congress aimed at forcing states to report to NICSat forcing states to report to NICS Mental healthMental health Misdemeanor domestic violenceMisdemeanor domestic violence Felony dispositionsFelony dispositions

““Carrot and stick” approach, including a Carrot and stick” approach, including a $250 million grant program$250 million grant program

Broad agreement that NICS needs Broad agreement that NICS needs improvement. Wide fear of bringing gun improvement. Wide fear of bringing gun legislation to floor.legislation to floor.


Other Legislative IssuesOther Legislative Issues

FBI computer systemsFBI computer systems Uniform biometricUniform biometric Breeder documentsBreeder documents Computer securityComputer security Immigration reformImmigration reform Offender reentryOffender reentry Access to court records and public Access to court records and public

recordsrecords Data mining and MatrixData mining and Matrix

Documents

SEARCH Mid-Year Meeting Federal Legislative Briefing