1. SEARCH Annual Meeting Federal Legislative Briefing Robert R. Belair SEARCH General Counsel July 23, 2004 Chicago, Illinois

2. Robert R. Belair Criminal Justice Funding  The House approved the FY 2005 CJS Appropriations bill on July 8 th. The Senate has yet to consider the bill.  The House bill includes the following:  Byrne Discretionary Grants: $110 million  SEARCH: Soft earmark  Byrne Formula Grants: $634 million  COPS: $686.2 million  DNA Backlog: $175.8 million  Weed and Seed: $51.1 million

3. Robert R. Belair Criminal Justice Funding  BJS: $34 million  NIJ: $55 million  RISS: $40 million  LLEBG: zeroed out, merged into Byrne  Missing Children: $41 million  NCHIP: $50 million  White Collar Crime: $9 million

4. Robert R. Belair Criminal Justice Funding  With crime rates decreasing and budget pressures increasing, little or no growth is expected in Justice Assistance funding  In a flat funding environment, earmarking is expected to increase  In a flat funding environment, discretionary grant funding is expected to decrease

5. Robert R. Belair Homeland Security Funding  The House approved the FY 2005 Department of Homeland Security appropriations bill on June 18 th. The Senate Appropriations Committee approved its version on June 17 th.  The bills include the following:  ODP basic formula grants: House - $1.25 billion; Senate - $970 million  Terrorism grants: House - $500 million; Senate - $400 million

6. Robert R. Belair Homeland Security Funding  High-Threat area grants: House - $1.0 billion; Senate - $1.2 billion  Firefighter Grants: House - $600 million; Senate - $700 million  Information Analysis and Infrastructure Protection Grants: House - $854.6 million; Senate $875.6 million

7. Robert R. Belair Homeland Security Funding  Both DHS bills include $2 billion for passenger screening  Both DHS bills include $340 million for US-VISIT  Both DHS bills include over $200 million for DHS information technology enhancements

8. Robert R. Belair DOJ Reauthorization  March 31, 2004: House passed H.R. 3036  Eliminates most OJP discretionary grant programs; merged these programs into new state and local block grant programs  Partially reorganizes OJP including 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.”

9. Robert R. Belair DOJ Reauthorization  Creates 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

10. Robert R. Belair DOJ Reauthorization  Reauthorizes COPS but effectively merges OJP and COPS  Strengthens BJS’ responsibility for criminal history improvement; NICS improvement; and state participation in national CHRI programs  Eliminates BJA  Reauthorizes Crime Identification Technology Act (CITA)

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

12. 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?

13. 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

14. Robert R. Belair Pending Background Check Legislation Two bills with background check provisions have passed one house: Two bills with background check provisions have passed one house: H.R. 6: Requires background checks re: nuclear materials. Passed in the House on April 11, 2003. Failed in Senate in December, 2003. H.R. 6: Requires background checks re: nuclear materials. Passed in the House on April 11, 2003. Failed in Senate in December, 2003. S. 165: Requires background checks for all cargo aircraft employees. No mention of fees or fingerprints. Passed in Senate on May 8, 2003 No action in House. S. 165: Requires background checks for all cargo aircraft employees. No mention of fees or fingerprints. Passed in Senate on May 8, 2003 No action in House.

15. Robert R. Belair Pending Background Check Legislation Bills that have been introduced require checks for: Bills that have been introduced require checks for: H.R. 18: Providers of Medicare services H.R. 18: Providers of Medicare services H.R. 208: Long-term care workers H.R. 208: Long-term care workers H.R. 364: Providers of medical transportation services to the elderly H.R. 364: Providers of medical transportation services to the elderly H.R. 439: Businesses that send employees into people’s houses H.R. 439: Businesses that send employees into people’s houses H.R. 833: Mortgage brokers H.R. 833: Mortgage brokers H.R. 891: Those with access to “sealed sources” of radioactive material H.R. 891: Those with access to “sealed sources” of radioactive material

16. Robert R. Belair Pending Background Check Legislation H.R. 1401/H.R. 2880: Mentors for foster care children H.R. 1401/H.R. 2880: Mentors for foster care children H.R. 1407: Locksmiths who provide services at federal executive and judicial facilities H.R. 1407: Locksmiths who provide services at federal executive and judicial facilities H.R. 1644: Employees transporting nuclear materials H.R. 1644: Employees transporting nuclear materials H.R. 1855: Employees in home health agencies H.R. 1855: Employees in home health agencies H.R. 2144: Airport screening personnel H.R. 2144: Airport screening personnel H.R. 2145: Camp employees H.R. 2145: Camp employees H.R. 2463: Department of Defense contractors H.R. 2463: Department of Defense contractors H.R. 2761: Employees at nuclear facilities H.R. 2761: Employees at nuclear facilities

17. Robert R. Belair Pending Background Check Legislation H.R. 3534: Electronic fingerprints from US passport applicants H.R. 3534: Electronic fingerprints from US passport applicants H.R. 3798: Miscellaneous airport employees H.R. 3798: Miscellaneous airport employees H.R. 3972: Online checks by state social services officers of individuals who are the subject of, or reside with, minors when child abuse or negligence investigation occurs H.R. 3972: Online checks by state social services officers of individuals who are the subject of, or reside with, minors when child abuse or negligence investigation occurs H.R. 4022: Security guards H.R. 4022: Security guards H.R. 4060: Peace Corp volunteer checks H.R. 4060: Peace Corp volunteer checks H.R. 4312: TSA checks of certain airport workers H.R. 4312: TSA checks of certain airport workers H.R. 4504: Foster and adoptive parents H.R. 4504: Foster and adoptive parents

18. Robert R. Belair Pending Background Check Legislation S. 6/S. 131: Employees at sensitive nuclear facilities S. 6/S. 131: Employees at sensitive nuclear facilities S. 157: Individuals with access to dangerous chemicals S. 157: Individuals with access to dangerous chemicals S. 165: Employees of air cargo companies S. 165: Employees of air cargo companies S. 208: Air cargo handlers S. 208: Air cargo handlers S. 236: Alien flight school applicants S. 236: Alien flight school applicants

19. Robert R. Belair Pending Background Check Legislation S. 333/S. 958: Nursing home employees S. 333/S. 958: Nursing home employees S. 342: Foster and adoptive parents S. 342: Foster and adoptive parents S. 769/S. 1743: Private security officers S. 769/S. 1743: Private security officers S. 1043: All employees of nuclear facilities S. 1043: All employees of nuclear facilities S. 1601: Individuals working with native Americans S. 1601: Individuals working with native Americans S. 1807: Purchasers of firearms at gun shows S. 1807: Purchasers of firearms at gun shows S. 2279: Coordination and funding for background checks for transportation workers S. 2279: Coordination and funding for background checks for transportation workers

20. Robert R. Belair Pending NICS/Brady Act Legislation S. 1706/H.R. 3237, NICS Improvement Act of 2003: Introduced Oct. 2, 2003 S. 1706/H.R. 3237, NICS Improvement Act of 2003: Introduced Oct. 2, 2003 Findings are adverse Findings are adverse NICS rejected 632,000 individuals between 11/98 and 8/03 NICS rejected 632,000 individuals between 11/98 and 8/03 23 million state criminal records are not accessible to NICS 23 million state criminal records are not accessible to NICS 15 million more state criminal records are incomplete 15 million more state criminal records are incomplete

21. Robert R. Belair Pending 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

22. Robert R. Belair Pending 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

23. Robert R. Belair NICS Act Provisions 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

24. Robert R. Belair NICS Act Provisions $250 million a year is authorized for FY ’05 - FY ’07 for grants to the states consistent with NCHIP for: $250 million a year is authorized for FY ’05 - FY ’07 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

25. Robert R. Belair NICS Act Provisions 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

26. Robert R. Belair NICS Act Provisions 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

27. Robert R. Belair NICS Act Provisions 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

28. Robert R. Belair Pending NICS/Brady Act Legislation Other NICS/Brady Act legislation includes : Other NICS/Brady Act legislation includes : H.R. 221: Licensed gun dealers to notify NICS of any background check conducted on a prospective gun buyer in previous 30 days H.R. 221: Licensed gun dealers to notify NICS of any background check conducted on a prospective gun buyer in previous 30 days H.R. 260: Registration of gun show promoters H.R. 260: Registration of gun show promoters H.R. 899: All gun owners and purchasers in the U.S. to be licensed H.R. 899: All gun owners and purchasers in the U.S. to be licensed H.R. 936/S. 448/S. 22: Background checks for gun show purchases H.R. 936/S. 448/S. 22: Background checks for gun show purchases H.R. 2038: Background checks for transfers of semi-automatic and automatic weapons H.R. 2038: Background checks for transfers of semi-automatic and automatic weapons

29. Robert R. Belair Pending NICS/Brady Act Legislation H.R. 3832: Background checks for gun show purchasers H.R. 3832: Background checks for gun show purchasers S. 2102: Disqualifies from buying firearms offenders convicted outside of US of a crime punishable by more than one year in jail S. 2102: Disqualifies from buying firearms offenders convicted outside of US of a crime punishable by more than one year in jail S. 2129: Requires locking devices for handguns S. 2129: Requires locking devices for handguns S. 2333: Disqualifies from buying firearms individuals convicted of two or more gang-related offenses S. 2333: Disqualifies from buying firearms individuals convicted of two or more gang-related offenses

30. Robert R. Belair Pending Biometrics Legislation  No legislation requiring or affecting the use of biometrics has been enacted during the 108 th Congress  H.R. 115: Requires all airport security screeners to be issued biometric security badges  H.R. 1171: Authorizes AG to provide grants to law enforcement agencies to use iris scan technology  H.R. 2376: Requires a biometric card to be issued to seaport employees  S. 565: Authorizes grants to state and local governments to safeguard against counterfeiting of government documents; safeguards may include biometric identifiers

31. Robert R. Belair Pending Biometrics Legislation  H.R. 4417: Extends by one year the deadline for machine readable, tamper resistant, biometric passports  S. 2234: Accomplishes the same goal as H.R. 4417  S. 2393: Grants for biometrics for aviation security

32. Robert R. Belair Pending Cyber-Security Legislation S. 187: Requires the Chief Information Officer of each federal agency to: S. 187: Requires the Chief Information Officer of each federal agency to: Identify the vulnerability of the agency’s information technology Identify the vulnerability of the agency’s information technology Establish performance goals for the agency to identify, train personnel and develop tools for protecting technology Establish performance goals for the agency to identify, train personnel and develop tools for protecting technology Report annually to OMB on its progress Report annually to OMB on its progress Undergo a review by the National Institute of Science and Technology Undergo a review by the National Institute of Science and Technology

33. Robert R. Belair Pending Cyber-Security Legislation H.R. 4520: Directs federal agencies to pursue improvements in information security H.R. 4520: Directs federal agencies to pursue improvements in information security S. 2021: DHS grants for information security S. 2021: DHS grants for information security S. 2145: Spyware notice and consent S. 2145: Spyware notice and consent

34. Robert R. Belair Areas of Future Privacy Legislation Impacting Criminal Justice Camera surveillance Camera surveillance RFID tags RFID tags GPS and tracking GPS and tracking Profiling and matrix Profiling and matrix Biometrics Biometrics

35. Robert R. Belair Areas of Future Privacy Legislation Impacting Criminal Justice Private sector CHRI databases Private sector CHRI databases Access to court records Access to court records Display of CHRI on the Internet Display of CHRI on the Internet Corrections databases Corrections databases Real-time access to CHRI Real-time access to CHRI Reintegration of offenders Reintegration of offenders