1. SEARCH Annual Meeting Federal Legislative Briefing Robert R. Belair SEARCH General Counsel July 2005 Washington, D.C.

2. Robert R. Belair Criminal Justice Funding  The House approved the FY 2006 CJS Appropriations bill (H.R. 2862) on June 16 th. The Senate has reported its version as a substitute amendment to the House bill, but has yet to approve it.

3. Robert R. Belair Criminal Justice Funding  The House and Senate bills include the following:  Byrne Discretionary Grants: House - $110 million; Senate - $177 million  SEARCH: House - Soft earmark; Senate – No earmarks in CJS bill  Byrne Formula Grants: House - $348.5 million; Senate - $625 million

4. Robert R. Belair Criminal Justice Funding  COPS: House - $520 million; Senate - $515 million  DNA Backlog: House - $177 million; Senate - $89.5 million  Weed and Seed: House - $50 million; Senate - $50.3 million  BJS: House - $35 million; Senate - $ 34.1 million

5. Robert R. Belair Criminal Justice Funding  NIJ: House - $56 million; Senate - $54 million  RISS: House - $40.5 million; Senate - $40 million  Missing Children: Both bills provide $48 million  NCHIP: House - $25 million; Senate - $20 million

6. Robert R. Belair Criminal Justice Funding  White Collar Crime: House - $9 million; Senate – not included due to Senate Rule prohibiting unauthorized appropriations

7. Robert R. Belair Criminal Justice Funding  The appropriators have rejected President Bush’s plan to merge Byrne and Local Law Enforcement Block Grants.  The House number on Byrne Discretionary is lower than usual, but we expect the final number to be closer to the Senate, around $170 million.

8. Robert R. Belair Criminal Justice Funding The House has given SEARCH a soft earmark. The new Senate Appropriations Committee leaders, Richard Shelby (R- AL) and Barbara Mikulski (D-MD), have for the first time opted not to earmark CJS. We expect the conference report to include earmarks.

9. Robert R. Belair Homeland Security Funding  The House approved the FY 2006 Department of Homeland Security appropriations bill on May 17th.  The Senate Appropriations Committee approved its version on June 16 th.  The full Senate began consideration of the bill on July 12 th.

10. Robert R. Belair Homeland Security Funding  The bills include the following:  ODP basic formula grants: House - $1.15 billion; Senate - $1.52 million  Both DHS bills include $400 million in terrorism grants.  High-threat area grants: House - $850 million; Senate – none

11. Robert R. Belair Homeland Security Funding  Firefighter grants: House - $600 million; Senate - $615 million  Information analysis and infrastructure protection grants: House - $663 million; Senate - $701.8 million  TSA baggage screening: House - $884 million; Senate - $931 million

12. Robert R. Belair Homeland Security Funding  US-VISIT: House - $390.23 million; Senate - $340 million  DHS information technology enhancements: House - $218 million; Senate - $210.8 million

13. Robert R. Belair Homeland Security Funding There are no earmarks in the House or Senate bills There are no earmarks in the House or Senate bills We expect to see limited earmarks in the Conference Report We expect to see limited earmarks in the Conference Report If so, this will be the first time and is likely to be limited to infrastructure support funding If so, this will be the first time and is likely to be limited to infrastructure support funding

14. Robert R. Belair DOJ Reauthorization  In the House, Chairman Sensenbrenner is expected to reintroduce his DOJ reauthorization from last year. Senate legislation remains uncertain.  Last year’s bill would have:  Eliminated most OJP discretionary grant programs; merged these programs into new state and local block grant programs

15. Robert R. Belair DOJ Reauthorization Partially reorganized OJP, to include 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.”Partially reorganized OJP, to include 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.”

16. Robert R. Belair DOJ Reauthorization  Created 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

17. Robert R. Belair DOJ Reauthorization  Reauthorized COPS but effectively merged OJP and COPS  Strengthened BJS’ responsibility for criminal history improvement; NICS improvement; and state participation in national CHRI programs  Reauthorized Crime Identification Technology Act (CITA)

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

19. Robert R. Belair DOJ Reauthorization  S. 2863, the 2004 Senate DOJ Reauthorization Act, included an authorization for SEARCH

20. Robert R. Belair DOJ Reauthorization “Section 237, SEARCH, The National Consortium for Justice Information and Statistics. “Section 237, SEARCH, The National Consortium for Justice Information and Statistics. (a) IN GENERAL – Pursuant to subpart 1 of part E of title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, the Director of the Bureau of Justice Assistance shall make grants to SEARCH, the National Consortium for Justice Information and Statistics, to carry out the operations of the National Technical Assistance and Training Program operated by SEARCH under the direction of the Office of Justice Programs. (a) IN GENERAL – Pursuant to subpart 1 of part E of title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, the Director of the Bureau of Justice Assistance shall make grants to SEARCH, the National Consortium for Justice Information and Statistics, to carry out the operations of the National Technical Assistance and Training Program operated by SEARCH under the direction of the Office of Justice Programs. (b) AUTHORIZATION OF APPROPRIATIONS – There are authorized to be appropriated in each of fiscal years 2005, 2006, and 2007, $4,000,000 to carry out this section.” (b) AUTHORIZATION OF APPROPRIATIONS – There are authorized to be appropriated in each of fiscal years 2005, 2006, and 2007, $4,000,000 to carry out this section.”

21. Robert R. Belair The REAL-ID Act On May 10, President Bush signed into law the REAL-ID Act. The Act gives states the “option” to produce standardized, tamper-resistant driver's licenses that would include machine- readable, encoded data. Noncompliance would create hardship for state residents: No access to federal buildings or federal benefits, No access to commercial flights.

22. Robert R. Belair The REAL-ID Act As a condition of receiving grant funds or other financial assistance under the Act, states are required to participate in the interstate compact regarding the sharing of driver's license data (the Driver License Agreement).

23. Robert R. Belair The REAL-ID Act The Secretary of Homeland Security is directed to: Improve communications systems of Federal agencies to facilitate integrated communications among such agencies, state and local government agencies, and Indian tribes on border security matters; and Enhance related information sharing among such entities.

24. Robert R. Belair The REAL-ID Act The Department of Homeland Security is directed to study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each Customs and Border Protection field office that has responsibility for U.S. borders with Canada and Mexico.

25. Robert R. Belair The REAL-ID Act  Employees authorized to issue the new identification documents are required to undergo “appropriate security clearance requirements.”  The Secretary of Homeland Security may potentially issue security clearance guidelines that include background checks.

26. Robert R. Belair Anti-Gang Legislation The House has passed H.R. 1279. The Senate Judiciary Committee is considering its own version of the House bill, S. 155. Senator Richard Durban (D-IL) has a bill, S. 1322, to aid prosecution of gangs by defining “gangs” and types of “gang crimes.”

27. Robert R. Belair DHS Reauthorization The House has passed its DHS reauthorization bill, H.R. 1817. The bill creates an Assistant Secretary for Cybersecurity in the Department of Homeland Security (see H.R. 285 also). Enactment is uncertain – the administration is unenthusiastic.

28. 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?

29. 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

30. Robert R. Belair Background Check Legislation Two background check bills are in the conference process: Two background check bills are in the conference process: H.R. 3: Secretary of Transportation would issue security clearance guidelines for HazMat drivers, including backgrounds. H.R. 3: Secretary of Transportation would issue security clearance guidelines for HazMat drivers, including backgrounds. H.R. 6: Requires background checks for those with access to nuclear materials and secure areas of nuclear facilities. H.R. 6: Requires background checks for those with access to nuclear materials and secure areas of nuclear facilities.

31. Robert R. Belair Background Check Legislation One bill has been approved by its committee and is awaiting floor action: S. 864: would revise guidelines governing fingerprinting and criminal history record checks of individuals licensed or certificated to engage in activity subject to NRC regulation. (See also H.R. 2689 & S. 1150)

32. Robert R. Belair Background Check Legislation Other bills that have been introduced require checks for: Other bills that have been introduced require checks for: H.R. 822: Requires mentors of children in child care to submit to a screening program which would include criminal history background checks. H.R. 822: Requires mentors of children in child care to submit to a screening program which would include criminal history background checks. H.R. 1233: Ensure that appropriate State social services officers have the authority to access certain Federal databases for the purpose of carrying out checks in cases of child abuse and neglect and cases of missing children H.R. 1312: For purchases of assault weapons.

33. Robert R. Belair Background Check Legislation H.R. 1295: Establish and maintain a national database of licensed mortgage brokers. All federal and state laws regarding privacy and confidentiality would apply to the contents of the database. H.R. 1295: Establish and maintain a national database of licensed mortgage brokers. All federal and state laws regarding privacy and confidentiality would apply to the contents of the database. H.R. 1562: Access to dangerous chemical substances. H.R. 1562: Access to dangerous chemical substances. H.R. 2006: Require states to have a system of reporting criminal background information of licensed health care practitioners.

34. Robert R. Belair Background Check Legislation H.R. 2330 & S. 1033: Requires aliens to submit fingerprints and undergo a background check before the alien may change his or her status from alien to nonimmigrant. Would also require background checks for aliens applying for citizenship status. H.R. 2330 & S. 1033: Requires aliens to submit fingerprints and undergo a background check before the alien may change his or her status from alien to nonimmigrant. Would also require background checks for aliens applying for citizenship status. H.R. 2353: Require background checks of ten largest financial stakeholders of a Native American casino. H.R. 2353: Require background checks of ten largest financial stakeholders of a Native American casino.

35. Robert R. Belair Background Check Legislation H.R. 2621: Bounty hunter fingerprint-based background checks. H.R. 2621: Bounty hunter fingerprint-based background checks. H.R. 2649: Fingerprint-based criminal history background checks for preflight security officer or other airport job where the individual would have access to general aviation craft, aircraft, or secure areas of an airport. H.R. 2649: Fingerprint-based criminal history background checks for preflight security officer or other airport job where the individual would have access to general aviation craft, aircraft, or secure areas of an airport. H.R. 2688: fingerprint-based background checks for all unescorted airport personnel with access to sterile and secured airport areas.

36. Robert R. Belair Background Check Legislation H.R. 2748: Camp employees. S. 644: Requires aliens claiming asylum to be fingerprinted, and that the fingerprints and other required biometric data for background check. S. 987: Pilot program of tribal criminal history information for law enforcement purposes. S. 1052: Prohibit foreign HazMat drivers from driving in U.S. without U.S.-compliant background check.

37. Robert R. Belair NICS/Brady Act Legislation H.R. 1415, NICS Improvement Act of 2005: Introduced March 17, 2005 H.R. 1415, NICS Improvement Act of 2005: Introduced March 17, 2005 Findings are adverse Findings are adverse NICS rejected 790,000 individuals between 11/98 and 12/03 NICS rejected 790,000 individuals between 11/98 and 12/03 24 million state criminal records are not accessible to NICS 24 million state criminal records are not accessible to NICS 16 million more state criminal records are incomplete 16 million more state criminal records are incomplete

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

39. Robert R. Belair NICS/Brady Act Legislation Of the 10 states submitting mental health data to NICS Of the 10 states submitting mental health data to NICS 8 states have submitted less than 40 records per state 8 states have submitted less than 40 records per state One state has submitted 1,600 records One state has submitted 1,600 records Only one state has submitted all mental health records (50,000) Only one state has submitted all mental health records (50,000) 8 states do not make domestic violence restraining orders available to NICS 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 14 states do not make domestic violence misdemeanor conviction records available to NICS

40. Robert R. Belair NICS/Brady Act Legislation 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 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 misdemeanor crimes of domestic violence States shall also make available to the Attorney General all information regarding persons adjudicated as mentally defective States shall also make available to the Attorney General all information regarding persons adjudicated as mentally defective

41. Robert R. Belair NICS/Brady Act Legislation $250 million a year is authorized for FY ’06 - FY ’08 for grants to the states consistent with NCHIP for: $250 million a year is authorized for FY ’06 - FY ’08 for grants to the states consistent with NCHIP for: Electronic reporting systems to NICS Electronic reporting systems to NICS NICS background checks NICS background checks Capturing final dispositions Capturing final dispositions Supplying accurate and timely mental health information Supplying accurate and timely mental health information Supplying accurate and timely domestic violence information Supplying accurate and timely domestic violence information

42. Robert R. Belair NICS/Brady Act Legislation Penalties 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 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 Attorney General may waive penalty if state is making a “reasonable effort” to comply

43. Robert R. Belair NICS/Brady Act Legislation Studies and reports Studies and reports BJS shall evaluate NICS’ operations and provide annual report to Congress BJS shall evaluate NICS’ operations and provide annual report to Congress BJS shall evaluate and report on state participation annually BJS shall evaluate and report on state participation annually

44. Robert R. Belair NICS/Brady Act Legislation Grants to the courts 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 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 $125 million is authorized for FY ’06 to FY ’08. $125 million is authorized for FY ’06 to FY ’08.

45. Robert R. Belair NICS/Brady Act Legislation Other NICS/Brady Act legislation includes : Other NICS/Brady Act legislation includes : H.R. 662: Permits expungement of records of certain nonviolent criminal offenses H.R. 662: Permits expungement of records of certain nonviolent criminal offenses. H.R. 1168: Add to NICS database persons named in the Violent Gang and Terrorist Organization File. H.R. 1195: Add to NICS database persons who may be prevented from boarding an aircraft.

46. Robert R. Belair NICS/Brady Act Legislation H.R. 1225 & S. 578: Improve NICS terrorist matches. H.R. 3132 & 3133: Improve and expand requirements for sex offender registrants. H.R. 3132 & 3133: Improve and expand requirements for sex offender registrants.

47. Robert R. Belair Biometrics Legislation  Genetic Nondiscrimination Act (S. 306)  Unanimously passed the Senate.  House has not yet acted (H.R. 1227).  Bars use of genetic information by employers when making employment- related decisions (hiring, promotions, etc).  Bars health insurers from using genetic information  Bars health insurers from using genetic information to deny coverage or determine rates or premiums.

48. Robert R. Belair Biometrics Legislation H.R. 173, aka H.R. 478: Enhance port security by issuing biometric-based ID cards to port workers. H.R. 244: Create a DNA database for violent predators against children.  H.R. 875: Would create a tax break for taxpayers who purchase biometric verification devices for security purposes.  S. 1220: Increase frequency of sex offender database updates. Include DNA/photo/ fingerprints.

49. Robert R. Belair Biometrics Legislation H.R. 688: Amend the passport requirements of the federal visa waiver program to require that passports: Satisfy the international standard for machine readability; Be tamper-resistant; and Incorporate biometric and document authentication identifiers that comply with applicable biometric and document identifying standards established by the International Civil Aviation Organization."

50. Robert R. Belair Biometrics Legislation H.R. 1320: Would require the Department of Homeland Security to conduct a study on biometric technology to determine which biometric identifiers would best serve the uses of border control, including background checking. The bill contains a variety of provisions relating to surveillance, biometrics, and background checking in the border security context.

51. Robert R. Belair Biometrics Legislation H.R. 1602: Grants to reduce the DNA kit backlog. H.R. 2423 & S. 1086: New fingerprinting and DNA procedures for sex offenders, including federally maintained DNA database and requiring states to maintain DNA databases. H.R. 2623: Would set national standards for DNA testing used to establish the degree of genetic relatedness between two or more persons.

52. Robert R. Belair Biometrics Legislation H.R. 2659: grants to States to improve sex offender registries. H.R. 2672 & S. 853: Requires the Department of Homeland Security to identify biometric identification best practices and directs implementation of those standards, in cooperation with Mexico and Canada for border security purposes. H.R. 2796: Grants to expand use of DNA ID to prosecute sex offenders.

53. Robert R. Belair Biometrics Legislation S. 455: Secretary of State must submit a report to Congress detailing the feasibility of collecting biometric data for visas without requiring the applicant to appear at a U.S. mission in a foreign country. S. 980: monitoring convicted sex offenders by developing and implementing a program using global positioning systems

54. Robert R. Belair Cyber-Security Legislation Two spyware bills have passed the House and are awaiting action in Senate committees: Two spyware bills have passed the House and are awaiting action in Senate committees: H.R. 29 & S. 678: Require consent and notice to install any computer program (other than cookies, etc) on another’s computer. H.R. 29 & S. 678: Require consent and notice to install any computer program (other than cookies, etc) on another’s computer. H.R. 744: Criminalizes installation of spyware in furtherance of a crime. Authorizes $10 million to fight phishing. H.R. 744: Criminalizes installation of spyware in furtherance of a crime. Authorizes $10 million to fight phishing.

55. Robert R. Belair Cyber-Security Legislation H.R. 1069, H.R. 1080, H.R. 1263, H.R. 3140, S. 500, S. 751, S. 768, S. 1216, S. 1326, & S. 1332: Commercial entity (and sometimes government agency) information security and consumer notification of security breaches. H.R. 1069, H.R. 1080, H.R. 1263, H.R. 3140, S. 500, S. 751, S. 768, S. 1216, S. 1326, & S. 1332: Commercial entity (and sometimes government agency) information security and consumer notification of security breaches. H.R. 1653 & S. 810: Notice and consent to outsource personally identifiable information. H.R. 1653 & S. 810: Notice and consent to outsource personally identifiable information. H.R. 3109: Grants for colleges to establish or expand cybersecurity professional programs. S. 318: Restricts government use of intercepted computer trespass communications.