SEARCH Annual Meeting Federal Legislative Briefing Robert R. Belair Oldaker, Biden & Belair July 2006 St. Louis, MO

Robert R. Belair FY ’07 Criminal Justice Funding  On June 22, 2006, the House approved the FY 2007 SSJC Appropriations bill (H.R. 5672). On July 13 th, the Senate Appropriations Committee reported out their version of the DOJ appropriation

Robert R. Belair FY ’07 Criminal Justice Funding  The House and Senate bills both include a “soft” earmark for SEARCH’s National Technical Assistance and Training Program  SEARCH funding for FY ’06 was at $2 million  Funding request for FY ’07 - $4 million  Authorization level for SEARCH - $4 million

Robert R. Belair FY ’07 Criminal Justice Funding  OJP total -- $215.5 million in the House; $172 million in the Senate  NIJ -- $55 million in the House; $43 million in the Senate  BJS – $36 million in the House; $20 million in the Senate  White Collar -- $8 million in the House; 0.00 in the Senate  RISS -- $39.6 million in the House; $45 million in the Senate;  Missing Children -- $ 50.5 million in the House; $50.5 million in the Senate

Robert R. Belair FY ’07 Criminal Justice Funding  State and local law enforcement funding (total) -- $1.103 billion in the House; $810.1 million in the Senate  Byrne Block -- $367.8 million ($75 million to Boys and Girls Clubs) in the House; $430.1 in the Senate ($90 million to Boys and Girls Clubs and anti-terrorism training)  Byrne Discretionary -- $115.2 million in the House; $125 million in the Senate

Robert R. Belair FY ’07 Criminal Justice Funding  Drug Courts -- $40 million in the House; $15 million in the Senate  Global Justice Information Sharing Initiative -- $2 million in the House; 0.00 in the Senate  Sex Offender Registry -- $1.9 million in the House; $1.9 million in the Senate

Robert R. Belair FY ’07 Criminal Justice Funding  COPS (total) -- $570.5 million in the House; $537.6 million in the Senate  Law enforcement technologies and interoperable communications -- $100 million in the House; $110 million in the Senate  NCHIP – $4.8 million in the House; $5 million in the Senate  DNA -- $175.5 million in the House; same in the Senate

Robert R. Belair FY ’07 Criminal Justice Funding  CITA in the House; 0.00 in the Senate  Weed and Seed -- $49.3 million in the House; $40 million in the Senate (from justice assistance funds, not COPS funds)  Reentry -- $4.9 million in the House; $5 million in the Senate  Anti-gang -- $54.8 million in the House; $30 million in the Senate

Robert R. Belair Homeland Security Funding  On June 6, 2006, the House approved the FY 2007 Department of Homeland Security appropriations bill (H.R. 5441)  The Senate approved its version of the bill on July 13 th

Robert R. Belair Homeland Security Funding  ODP formula grants: $545 million in House; $500 million in Senate  Terrorism prevention grants: $400 million in House; $350 million in Senate  High-threat area grants: $750 million in House; $745 million in Senate

Robert R. Belair Homeland Security Funding  Firefighter grants: $540 million in House; $655 million in Senate  Information analysis and infrastructure protection grants: $549 million in House; $525 million in Senate  TSA baggage screening: $3.741 billion in House; $3.79 billion in Senate  US-VISIT: $362.5 million in House; $399 million in Senate  DHS information technology enhancements: $364.7 million in House; $306.7 million in Senate  There are no earmarks in the House or Senate DHS bills

Robert R. Belair JIEM Language in House Homeland Security Appropriation  The DHS House Report makes specific and positive mention of SEARCH’s JIEM software  “The Committee is aware that Justice Information Exchange Modeling (JIEM) software is being used successfully by criminal justice agencies. The Committee expects that the Department of Homeland Security will investigate this software and, if appropriate, encourage and promote its use by first responders to build integrated information systems to effectuate the sharing of critical information among first responders and criminal justice agencies and between these agencies, the Department of Homeland Security and other appropriate federal agencies.”

Robert R. Belair Sex Offender Legislation  On March 8, 2006, the House passed H.R  On May 4, 2006, the Senate passed S  Bills are similar but the House bill is more comprehensive

Robert R. Belair Sex Offender Legislation  Both bills establish “tiers” (levels of culpability) of sex offenders  Both bills establish a national sex offender registry  The House bill requires each state to establish a sex offender registry. The Senate bill makes the establishment of a state registry a requirement for eligibility for sex offender management grants  Both bills prescribe the information to be included in federal and state sex offender registries

Robert R. Belair Immigration Reform Legislation  House bill H.R and Senate bill S are quite different  Both bills would result in the use of systems to verify identity, including verifying identity for employment  The Senate Guest Worker Program would require a biometric and a criminal history background check

Robert R. Belair Background Checks for School Officials  The House has passed legislation, H.R. 4894, requiring the AG, upon request of a Governor, to conduct print-based CHRI checks for public and private schools  The legislation also requires that, “where possible”, the check also include state criminal history databases  S is a similar Senate bill

Robert R. Belair Truck Driver Screening  On June 22 nd, the House Infrastructure Subcommittee reported out H.R  Expands DHS discretion to identify “HAZMAT type”, sensitive cargo and limits drivers to those holding HAZMAT clearances  Authorizes additional CHRI background checking  Requires background checks of drivers entering from Mexico and Canada and carrying sensitive cargo

Robert R. Belair Chemical Plant Security Legislation Requires DHS to adopt “security performance standards” for petrochemical plants and other chemical “sources” Requires DHS to adopt “security performance standards” for petrochemical plants and other chemical “sources” Standard expected to include background checks for employees and contractors Standard expected to include background checks for employees and contractors Senate Committee on Homeland Security has reported out a bill (S. 2145) Senate Committee on Homeland Security has reported out a bill (S. 2145) Subcommittee on Infrastructure Security of House Homeland Security has reported out a similar bill (H.R. 5695) Subcommittee on Infrastructure Security of House Homeland Security has reported out a similar bill (H.R. 5695)

Robert R. Belair Miscellaneous Background Check Legislation Approximately 50 background check bills pending Approximately 50 background check bills pending Bills take significantly different approaches to fingerprinting; fees; and record sources Bills take significantly different approaches to fingerprinting; fees; and record sources Most, and perhaps all, of these bills will fail to be enacted before the end of this Congress Most, and perhaps all, of these bills will fail to be enacted before the end of this Congress

Robert R. Belair NICS/Brady Act Legislation  On May 18, 2006, the House Subcommittee on Crime, Terrorism and Homeland Security reported out H.R. 1415, the NICS Improvement Act of 2005  If passed, H.R would:  Require states to supply NICS with records pertaining to felony arrest dispositions;  Require states to supply “mentally defective” information to NICS, as well as citizenship status and domestic violations;

Robert R. Belair NICS/Brady Act Legislation  Provide a “waiver” of the 10 percent matching requirement for National Criminal History Improvement grants to states that provide, within 3 years of the bill’s enactment, at least 90 percent of the required records;  Allow the Attorney General to make grants to states for assistance in establishing or upgrading information and identification technologies for determining an individual’s eligibility to own a firearm; and

Robert R. Belair NICS/Brady Act Legislation  Impose penalties on states for noncompliance, including the withholding of federal funds.  During the two-year period beginning three years after the enactment of the bill, the Attorney General is authorized to withhold up to 3 percent of the amount that the state would normally receive under the Omnibus Crime Control and Safe Streets Act of 1968 from a state that provides less than 60 percent of the required information.

Robert R. Belair NICS/Brady Act Legislation  If, after that two year period, the state does not provide 90 percent of the information discussed above, the Attorney General is authorized to withhold up to 5 percent of the funding that the state would receive under the Omnibus Crime Control and Safe Streets Act of  States that show “substantial evidence” that a reasonable effort is being made to comply with the bill’s requirements may receive a waiver of penalties from the Attorney General.

Robert R. Belair NICS/Brady Act Legislation  SEARCH has urged the House to make the following changes to H.R. 1415:  The deletion of the “legislative findings”. These findings include charges that are unfairly critical of state repository performance.  The addition of language that would require an adjudicatory order before requiring states to notify the AG of a person’s commitment to a mental institution

Robert R. Belair NICS/Brady Act Legislation  The disposition reporting requirement be changed to 90 percent of the relevant disposition information for only the prior 10 years.  The removal of the penalty language that would allow the Attorney General to reduce a state’s federal justice assistance funding by up to 5 percent. The SEARCH Membership Group is on record as opposing any type of “stick” associated with NICS reporting requirements.

Robert R. Belair Anti-Gang Legislation  The House has passed anti-gang legislation – H.R and Title VIII of H.R  Defines “gangs”  Enhances penalties  Provides flexibility to try juvenile gang members as adults  S. 155 is pending in Senate Judiciary  Gang prevention program  Penalty enhancements

Robert R. Belair Offender Reentry Legislation H.R is seeing activity in House Judiciary. S is not moving in Senate Judiciary H.R is seeing activity in House Judiciary. S is not moving in Senate Judiciary Establishes grant program Establishes grant program Authorizes NIJ and BJS research Authorizes NIJ and BJS research

Robert R. Belair Biometric Legislation Almost two dozen bills are pending Almost two dozen bills are pending Most of the bills require biometrics as regards immigration; identification documentation; sex offender registries; and DNA databases Most of the bills require biometrics as regards immigration; identification documentation; sex offender registries; and DNA databases With the possible exception of the Genetic Nondiscrimination Act (S. 306, H.R. 1227), none of these bills are expected to pass With the possible exception of the Genetic Nondiscrimination Act (S. 306, H.R. 1227), none of these bills are expected to pass

Robert R. Belair Cyber Security Legislation Spyware bills are stalled Spyware bills are stalled NSA data mining issue may result in amendments to FISA and to EIPA NSA data mining issue may result in amendments to FISA and to EIPA Data breach legislation is stalled Data breach legislation is stalled Omnibus privacy legislation is attracting some interest but no action is expected in the near future Omnibus privacy legislation is attracting some interest but no action is expected in the near future

Robert R. Belair Criminal Justice Trend Lines Criminal justice areas of special concern: Criminal justice areas of special concern: Criminal aliens Criminal aliens Gangs Gangs Sex offenses Sex offenses Violent recidivists Violent recidivists Reentry Reentry Methamphetamines Methamphetamines

Robert R. Belair Criminal Justice Trend Lines Support for technology-based responses remains high: Support for technology-based responses remains high: DNA and DNA databases DNA and DNA databases Interoperable communications Interoperable communications Information systems and identification systems Information systems and identification systems Emerging areas: Emerging areas: Video surveillance Video surveillance Location tracking technologies Location tracking technologies Data mining Data mining International data sharing International data sharing