1. SEARCH Mid-Year Meeting Federal Legislative Briefing
Robert R. Belair
Oldaker, Biden & Belair
January 25, 2006
Los Angeles, CA

2. Criminal Justice Funding FY ‘06
FY ‘06 CJS Appropriation provides mostly level funding but with some decreases
The Conference Report includes the following:
Byrne Discretionary Grants: $191.7 million
Byrne Formula Grants: $ million
COPS: $478.3 million
COPS Technologies: $139.9 million
Weed and Seed: $50 million
CITA: $28.78 million
Robert R. Belair

3. Criminal Justice Funding FY ‘06
BJS: $35 million
NIJ: $55 million
RISS: $40.2 million
Missing Children: $24 million
NCHIP: $10 million
White Collar Crime: $9 million
Offender Reentry: $5 million
Interoperable Communications: $139.9 million
Global Justice Info Sharing Initiative: $10 million
Robert R. Belair

4. Criminal Justice Funding FY ‘06
SEARCH received an increase from 1.75 million in ’05 to 2.0 million in ’06.
Number of Byrne earmarks jumped from 238 earmarks in ’05 to 402 earmarks in ’06
Number of “national earmarks” fell from 54 to 35
Technology related earmarks increased in Byrne to almost 15%
Robert R. Belair

5. Criminal Justice Funding FY ‘07
Projections for ’07:
Little or no growth for ’07 Justice Assistance funding
Earmarking is expected to be under intense pressure and criticism
Robert R. Belair

6. Homeland Security Funding FY ‘06
In October, Congress approved the DHS appropriations bill with some decreases
The bill includes:
ODP discretionary grants: $1.155 billion
ODP formula grants: $550 million
Robert R. Belair

7. Homeland Security Funding FY ’06
High-threat area grants: $765 million
Firefighter grants: $655 million
Information security and infrastructure protection grants: $ million
US-VISIT: $340 million
Information technology investment and enhancement: $115 million
Robert R. Belair

8. DOJ Reauthorization
December 17, 2005: Congress passes the DOJ Reauthorization Act, HR 3402
Includes express language authorizing SEARCH’s National Technical Assistance and Training Program
Sec SEARCH GRANTS
(a) IN GENERAL.- Pursuant to subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, the Attorney General may 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 .
(b) AUTHORIZATION OF APPROPRIATIONS. – There are authorized to be appropriated to the Attorney General to carry out this section $4,000,000 for each of fiscal years 2006 through 2009.
Robert R. Belair

9. DOJ Reauthorization
Merges Byrne grants with Local Law Enforcement Block grants to create the Edward Byrne Memorial Justice Assistance Grant Program
Eliminates discretionary Byrne grants
Establishes an Office of Applied Law Enforcement Technology to coordinate OJP grants made for the purpose of using/improving law enforcement computer systems
Robert R. Belair

10. DOJ Reauthorization
Creates an Office of Community Capacity Development 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
Assess neighborhood and community-based law enforcement and crime prevention strategies in coordination with NIJ
Robert R. Belair

11. DOJ Reauthorization
Creates an Office of Audit, Assessment, and Management within OJP
Assess and audit the performance of grant programs conducted by the OJP
Evaluations do not impact NIJ program evaluations, except that the directors of OAAM and NIJ must consult with one another
Robert R. Belair

12. DOJ Reauthorization
Reauthorizes COPS but effectively consolidates it into a single grant program
COPS remains legally independent of OJP
Strengthens BJS’ responsibility for criminal history improvement; NICS enhancement; and state participation in national CHRI programs
Enhances BJS authority for NCHIP and integrated CHRI system
Robert R. Belair

13. DOJ Reauthorization
Creates a permanent Office of Weed and Seed Strategies
Amends the DNA Identification Act of 1994 to permit law enforcement agents to take DNA samples from individuals arrested/detained under federal authority
Individuals can have the sample expunged if they are not prosecuted, if they are acquitted, or if their conviction is overturned
Robert R. Belair

14. DOJ Reauthorization Includes Protect Act expansion and reauthorization
Expands pilots to any nonprofit providing care to children, the elderly or the handicapped
Increases the number of background checks per year under the pilot from 100,000 to 200,000
Extends the pilot program for an additional 30 months (through the end of 2008)
Robert R. Belair

15. Sex Offender Registry Children’s Safety Act of 2005
H.R passed the House on September 14th (371-52)
Comprehensively amends the national sex offender registration program
In Senate Judiciary Committee
S. 1086
Reported out of committee by voice vote in October
Incorporates “Dru’s Law” which has already passed the Senate
Senate not planning on taking up House bill; will move Senate version and go to conference
Robert R. Belair

16. Sex Offender Registry: House Bill
Require each jurisdiction to maintain a jurisdiction wide sex offender database
Require sex offenders to register, including retroactively, and update changes
Require registry to include facts of the sex offense/criminal history
Require registration for a minimum of 20 years
Require registrants to appear in person every 6 months for verification of information
Require officials to verify registrant addresses quarterly for misdemeanor offenders/monthly for felony/multiple offenders
Robert R. Belair

17. Sex Offender Registry: House Bill
Direct Attorney General to use registry data to provide a publicly-available, searchable registry via the Internet.
Require each state to notify its attorney general of impending release of sexually violent predator or high-risk individuals
Require each state to monitor any sex offender who has been unconditionally released by the State and who has not been civilly committed for at least a year
Reduce by 25% state funds through the Violent Crime Control and Law Enforcement Act if a state fails to comply
Robert R. Belair

18. Sex Offender Registry: House Bill
Require registration officers to inform certain local parties of the location of each sex offender
Fund a demonstration project for sex offender monitoring devices
Provide access to the database for NCMEC
Provide a criminal penalty of 5-20 years for failure to register
Provide for civil commitment of sex offenders
Robert R. Belair

19. Sex Offender Registry: House Bill
Provide a grant program for sex offender apprehension
Provide a penalty of 10 years to life for use of a controlled substance in a sex offense
Expand the use of “DNA fingerprinting” in sex offender prosecution
Provide an aggravated penalty for sex offense against children
Require prospective foster parents to undergo background checks
Require sex offenders to submit to searches based upon reasonable suspicion
Robert R. Belair

20. Sex Offender Registry: House Bill
Allow access to various FBI databases by child welfare agencies
Require GAO to study potential for using driver’s license registration process as an additional registration requirement for sex offenders
Expansion of training/technology efforts with Federal, State, and local law enforcement officers by Attorney General and OJJDP
Require DOJ/HHS to conduct a study into the creation of a nationwide, interstate tracking system of individuals convicted of, or under investigation for child abuse
Robert R. Belair

21. Sex Offender Registry: House Bill
Authorizes school districts to access federal fingerprint based criminal history records for prospective employees who will come in close contact with students
Creates a national child abuse registry within DOJ
Robert R. Belair

22. REAL ID Act, H.R. 418 State participation is optional
Drivers license standards:
Physical security features
Common machine-readable technology
Personal information
Verification
Legally allowed in country
Robert R. Belair

23. Immigration Reform H.R. 4437 passed the House on December 16th
Currently in Senate
Provisions:
Requires employers to electronically verify work eligibility of all their workers within 6 years
Doubles employers’ penalties for hiring undocumented workers
Establishes a task force to create a “comprehensive database” on fraudulent immigration documents that would be available to all law enforcement agencies
Robert R. Belair

24. Immigration Reform
DHS has 3 to 10 days to investigate fraudulent Social Security numbers
No guest worker program
Senate Judiciary Committee calls immigration reform “top priority”
Robert R. Belair

25. HAZMAT SAFETEA (H.R. 3) was signed into law in August 2005.
Requires TSA to create uniform standards for licensing of hazardous material drivers
Background check requirement required by PATRIOT Act.
TSA has to create standards that would relate to collection, transmission, review of background information by the states, reasonable fees and standards to disqualify applicants.
Bill prohibits Mexican/Canadian hazmat drivers unless they undergo a background check as required by law
Robert R. Belair