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Robert R. BelairRobert R. BelairOldaker, Biden & BelairOldaker, Biden & [email protected]@obblaw.com

(202) 496-3445(202) 496-3445January 23, 2008January 23, 2008San Francisco, CASan Francisco, CA

Robert R. BelairRobert R. Belair

FY ’08 Criminal Justice FY ’08 Criminal Justice FundingFunding

On July 26, 2007, the House passed On July 26, 2007, the House passed the Commerce, Justice, Science (CJS) the Commerce, Justice, Science (CJS) appropriations bill (H.R. 3093)appropriations bill (H.R. 3093)

On October 16On October 16thth, the Senate passed its , the Senate passed its CJS appropriations bill (S. 1745)CJS appropriations bill (S. 1745)

On December 18On December 18thth, the Congress , the Congress passed the Consolidated passed the Consolidated Appropriations Act of 2008 (H.R. 2764) Appropriations Act of 2008 (H.R. 2764) (the “Omnibus”) which included the (the “Omnibus”) which included the CJS appropriationCJS appropriation



On December 26On December 26thth, the President , the President signed the Omnibus into lawsigned the Omnibus into law

Many Justice Assistance programs saw Many Justice Assistance programs saw increases in the House and Senate CJS increases in the House and Senate CJS bills but significant decreases in the bills but significant decreases in the OmnibusOmnibus



Law Enforcement Assistance:Law Enforcement Assistance: In ’06 and ’07: $1.237 billion (the FY ’07 In ’06 and ’07: $1.237 billion (the FY ’07

CJS appropriation was carried in a CJS appropriation was carried in a Continuing Resolution and, thus, with a Continuing Resolution and, thus, with a few exceptions, was identical to the FY ’06 few exceptions, was identical to the FY ’06 CJS appropriation)CJS appropriation)

House ’08: House ’08: $1.315 billion$1.315 billion Senate ’08: Senate ’08: $1.430 billion$1.430 billion Omnibus ‘08: Omnibus ‘08: $1.008 billion$1.008 billion



Byrne Block Grant Funding:Byrne Block Grant Funding: In ’06 and ’07: In ’06 and ’07: $520 million$520 million House ’08: House ’08: $600 million$600 million Senate ’08: Senate ’08: $660 million$660 million Omnibus ‘08:Omnibus ‘08: $170 million$170 million



Byrne Discretionary:Byrne Discretionary: In ’06 and ’07: In ’06 and ’07: $191.7 million$191.7 million House ’08: House ’08: $124.5 million$124.5 million Senate ’08: Senate ’08: $190 million$190 million Omnibus ‘08:Omnibus ‘08: $187.5 million$187.5 million

COPS:COPS: In ’06 and ’07: In ’06 and ’07: $542 million$542 million House ’08: House ’08: $725 million$725 million Senate ’08: Senate ’08: $660 million$660 million Omnibus ’08: Omnibus ’08: $587.2 million$587.2 million



Law Enforcement Technology and Law Enforcement Technology and Interoperability (funding taken from Interoperability (funding taken from the $587.2 million for COPS):the $587.2 million for COPS):

In ’06 and ’07: In ’06 and ’07: $139.9 million$139.9 million House ’08:House ’08: $128 million$128 million Senate ’08:Senate ’08: $110 million$110 million Omnibus ’08:Omnibus ’08: $205.3 million$205.3 million



BJS:BJS: In ’06 and ’07: In ’06 and ’07: $35 million$35 million House ’08:House ’08: $45million$45million Senate ’08:Senate ’08: $10 million$10 million Omnibus ’08:Omnibus ’08: $34.7 million$34.7 million

NIJ:NIJ: In ’06 and ’07:In ’06 and ’07: $55 million$55 million House ’08:House ’08: $60 million$60 million Senate ’08:Senate ’08: $60 million$60 million Omnibus ’08:Omnibus ’08: $37 million (additional $37 million (additional

funding in other accounts)funding in other accounts)



Global:Global: In ’06 and ’07: In ’06 and ’07: $10 million$10 million House ’08:House ’08: $0.00$0.00 Senate ’08:Senate ’08: $0.00 $0.00 Omnibus ’08:Omnibus ’08: $0.00$0.00

NCHIP:NCHIP: In ’06 and ’07:In ’06 and ’07: $10 million$10 million House ’08:House ’08: $12 million (from COPS)$12 million (from COPS) Senate ’08:Senate ’08: $5 million (from COPS)$5 million (from COPS) Omnibus ’08:Omnibus ’08: $9.4 million (from COPS)$9.4 million (from COPS)



CITA:CITA: In ’06 and ’07:In ’06 and ’07: $28.7 million$28.7 million House ’08:House ’08: $0.00$0.00 Senate ’08:Senate ’08: $0.00$0.00 Omnibus ’08:Omnibus ’08: $0.00$0.00



Weed and Seed:Weed and Seed: In ’06 and ’07: In ’06 and ’07: $50 million$50 million House ’08:House ’08: $49.6 million (from $49.6 million (from

COPS)COPS) Senate ’08:Senate ’08: $50 million$50 million Omnibus ’08:Omnibus ’08: $32.1 million$32.1 million

DNA Backlog:DNA Backlog: In ’06 and ’07:In ’06 and ’07: $108.5 million$108.5 million House ’08:House ’08: $175 million$175 million Senate ’08:Senate ’08: $169 million$169 million Omnibus ’08:Omnibus ’08: $147.3 million (from COPS)$147.3 million (from COPS)



RISS:RISS: In ’06 and ’07: In ’06 and ’07: $40.2 million$40.2 million House ’08:House ’08: $50 million $50 million Senate ’08:Senate ’08: $60 million$60 million Omnibus ’08:Omnibus ’08: $40 million$40 million



Missing Children:Missing Children: In ’06 and ’07: In ’06 and ’07: $38.5 million$38.5 million House ’08:House ’08: $61.4 million $61.4 million Senate ’08:Senate ’08: $65 million$65 million Omnibus ’08:Omnibus ’08: $50 million$50 million

Reentry:Reentry: In ’06 and ’07:In ’06 and ’07: $5 million$5 million House ’08:House ’08: $15 million$15 million Senate ’08:Senate ’08: $10 million$10 million Omnibus ’08:Omnibus ’08: $11.7 million (from COPS)$11.7 million (from COPS)



Sex Offender Programs:Sex Offender Programs: In ’06 and ’07: In ’06 and ’07: $0.00$0.00 House ’08:House ’08: $10 million $10 million Senate ’08:Senate ’08: $2 million$2 million Omnibus ’08: Omnibus ’08: $15 million (from COPS) $15 million (from COPS)

Sex Offender Management:Sex Offender Management: $4.1 million$4.1 million Sex Offender Registry:Sex Offender Registry: $850 thousand$850 thousand



Gang Gun Crime Reduction:Gang Gun Crime Reduction: In ’06 and ’07:In ’06 and ’07: $15 million$15 million House ’08:House ’08: $80 million (from $80 million (from

COPS)COPS) Senate ’08:Senate ’08: $10 million$10 million Omnibus ’08:Omnibus ’08: $20 million (from COPS) $20 million (from COPS)

(additional monies in OJJDP account)(additional monies in OJJDP account) (Omnibus requires a special report by (Omnibus requires a special report by

April 2008 on gangs in suburban areas)April 2008 on gangs in suburban areas)



Methamphetamine Enforcement:Methamphetamine Enforcement: In ’06 and ’07:In ’06 and ’07: $70 million$70 million House ’08:House ’08: $85 million $85 million Senate ’08:Senate ’08: $80 million$80 million Omnibus ’08:Omnibus ’08: $61 million$61 million

Violence Against Women Act (VAWA):Violence Against Women Act (VAWA): In ’06 and ’07:In ’06 and ’07: $382.5 million$382.5 million House ’08:House ’08: $430 million$430 million Senate ’08:Senate ’08: $400 million$400 million Omnibus ’08:Omnibus ’08: $400 million$400 million



SEARCH:SEARCH: In ‘06/’07: In ‘06/’07: $2 million (’06 earmark; ’07 $2 million (’06 earmark; ’07

CR)CR) House ’08:House ’08: Provided no earmark funding Provided no earmark funding

for any national programs, including SEARCHfor any national programs, including SEARCH Senate ’08: $500,000 for the National Senate ’08: $500,000 for the National

Technical Assistance and Training Program; Technical Assistance and Training Program; $1 million for SEARCH to “support small to $1 million for SEARCH to “support small to medium sized law enforcement agencies and medium sized law enforcement agencies and help integrate information and criminal help integrate information and criminal justice records with national databases and justice records with national databases and to provide technical support”to provide technical support”



Omnibus ’08: Omnibus ’08: No earmark funding for any national No earmark funding for any national

programsprograms Includes SEARCH endorsement Includes SEARCH endorsement

language, “SEARCH National Technical language, “SEARCH National Technical Assistance and Training Program – the Assistance and Training Program – the Appropriations Committees support Appropriations Committees support efforts to assist States in the efforts to assist States in the development and use of information development and use of information systems to accelerate the automation of systems to accelerate the automation of fingerprint identification processes and fingerprint identification processes and criminal justice data which are criminal justice data which are compatible with the FBI Automated compatible with the FBI Automated Fingerprint Identification System”Fingerprint Identification System”



Byrne Competitive Grant is a new $16 Byrne Competitive Grant is a new $16 million competitive grant program. million competitive grant program. ($70 million competitive grant ($70 million competitive grant program is established within OJJDP program is established within OJJDP for youth mentoring grants, which it is for youth mentoring grants, which it is expected will be used for Boys and expected will be used for Boys and Girls Clubs; DARE; LRE: and other Girls Clubs; DARE; LRE: and other national juvenile justice earmark national juvenile justice earmark programs)programs)



OJP has 60 days to provide Congress with OJP has 60 days to provide Congress with a “Scope and Spend Plan” for Byrne a “Scope and Spend Plan” for Byrne competitive programcompetitive program

““It is expected that national programs It is expected that national programs that have received funding under the that have received funding under the Byrne discretionary program will be Byrne discretionary program will be eligible for funding under this competitive eligible for funding under this competitive grant program”grant program”



FBI Annual Name Check Report (60 FBI Annual Name Check Report (60 days after end of fiscal year)days after end of fiscal year)

Number of name checksNumber of name checks Average time to processAverage time to process Progress in minimizing delaysProgress in minimizing delays Progress in automating name checksProgress in automating name checks


FY ’08 Homeland Security FY ’08 Homeland Security FundingFunding

Infrastructure Protection and Infrastructure Protection and Information Security:Information Security:

’’07: 07: $533.9 million$533.9 million House ’08:House ’08: $532.8 million$532.8 million Senate ’08:Senate ’08: $527.1 million$527.1 million Omnibus ’08:Omnibus ’08: $654.7 million$654.7 million

Terrorism Prevention Grants:Terrorism Prevention Grants: ’’07:07: $375 million$375 million House ’08:House ’08: $400 million$400 million Senate ’08: Senate ’08: $375 million$375 million Omnibus ’08: Omnibus ’08: $442.5 million$442.5 million



State Homeland Security Grant State Homeland Security Grant Program:Program:

’’07:07: $525 million$525 million House ’08:House ’08: $550 million$550 million Senate ’08: Senate ’08: $0.00$0.00 Omnibus ’08: Omnibus ’08: $950 million $950 million

(25 percent earmarked for Terrorism (25 percent earmarked for Terrorism Prevention Program)Prevention Program)



High Threat Urban Area Grants:High Threat Urban Area Grants: ’’07: 07: $770 million$770 million House ’08:House ’08: $800 million$800 million Senate ’08:Senate ’08: $820 million$820 million Omnibus ’08:Omnibus ’08: $820 million (25 percent $820 million (25 percent

earmarked for Terrorism Prevention earmarked for Terrorism Prevention Program)Program)

Firefighter Grants:Firefighter Grants: ’’07:07: $662 million$662 million House ’08:House ’08: $805 million$805 million Senate ’08: Senate ’08: $705 million$705 million Omnibus ’08: Omnibus ’08: $750 million$750 million



US VISIT:US VISIT: ’’07:07: $362.5 million$362.5 million House ’08:House ’08: $462 million$462 million Senate ’08:Senate ’08: $362 million$362 million Omnibus ’08:Omnibus ’08: $475 million$475 million

TSA Screening:TSA Screening: ’’07:07: $3.768 billion$3.768 billion House ’08:House ’08: $4.218 billion$4.218 billion Senate ’08: Senate ’08: $4.074 billion$4.074 billion Omnibus ’08: Omnibus ’08: $3.768 billion$3.768 billion



REAL ID State Grants:REAL ID State Grants: ’’07: 07: $0.00$0.00 House ’08:House ’08: $50 million$50 million Senate ’08:Senate ’08: $0.00$0.00 Omnibus ’08:Omnibus ’08: $50 million$50 million


NICS Improvement ActNICS Improvement Act

Jan. 8, 2008: President signs NICS Jan. 8, 2008: President signs NICS Improvement Act, H.R. 2640Improvement Act, H.R. 2640

Ends an almost ten year effort to Ends an almost ten year effort to improve the reporting of relevant improve the reporting of relevant information to NICS including, in information to NICS including, in particular, mental health information particular, mental health information



States must provide the AG with a States must provide the AG with a “reasonable estimate” of the number “reasonable estimate” of the number of disqualifying records in the stateof disqualifying records in the state

Three years after enactment, states Three years after enactment, states may obtain a waiver of the 10 percent may obtain a waiver of the 10 percent CITA match if they are at 90 percent CITA match if they are at 90 percent reporting of all NICS relevant recordsreporting of all NICS relevant records

Also at three years after enactment, Also at three years after enactment, states states maymay lose up to 3 percent of a lose up to 3 percent of a state’s justice assistance funding if state’s justice assistance funding if the state is below a 50 percent the state is below a 50 percent reporting thresholdreporting threshold



At five years, states At five years, states maymay lose 4 percent lose 4 percent of funding if not at a 70 percent of funding if not at a 70 percent reporting levelreporting level

At ten years, states At ten years, states mustmust lose 5 lose 5 percent of their justice assistance percent of their justice assistance funding if they are not at a 90 percent funding if they are not at a 90 percent reporting level. However, DOJ may reporting level. However, DOJ may waive all or part of the penalty for waive all or part of the penalty for states making a “reasonable effort” to states making a “reasonable effort” to complycomply



The Act includes a 20 year “look-back” The Act includes a 20 year “look-back” periodperiod

The Act establishes a law enforcement The Act establishes a law enforcement grant program of $125 million in ’09; grant program of $125 million in ’09; $250 million in each of FY’10 and ’11; and $250 million in each of FY’10 and ’11; and $125 million in each of FY ’12 and ’13$125 million in each of FY ’12 and ’13

The Act also creates a state court grant The Act also creates a state court grant program with $62.5 million in FY ’09; program with $62.5 million in FY ’09; $125 million in each of FY ’10 and ’11; $125 million in each of FY ’10 and ’11; and $62.5 million in each of FY ’12 and and $62.5 million in each of FY ’12 and ’13’13



BJS is authorized to conduct a study of BJS is authorized to conduct a study of NICS and submit an annual report on NICS and submit an annual report on state estimates, grants and best state estimates, grants and best practicespractices

States must establish a “Relief from States must establish a “Relief from Disabilities” program to restore Disabilities” program to restore Second Amendment rights to persons Second Amendment rights to persons disqualified on mental health grounds disqualified on mental health grounds if they meet criteria in the Actif they meet criteria in the Act

DOJ must work with law enforcement DOJ must work with law enforcement and mental health to establish privacy and mental health to establish privacy recommendationsrecommendations



SEARCH Membership Group adopted SEARCH Membership Group adopted several Resolutions and SEARCH several Resolutions and SEARCH members and staff worked closely members and staff worked closely with Congress to improve the final billwith Congress to improve the final bill

Removed or softened congressional Removed or softened congressional findings critical of state repositoriesfindings critical of state repositories

Changed look-back period from 30 years Changed look-back period from 30 years to 20 yearsto 20 years

Reduced penalties to smaller percentagesReduced penalties to smaller percentages



Lengthened time period for compliance to Lengthened time period for compliance to ten yearsten years

Lowered required reporting levels Lowered required reporting levels Standard for judging reporting success is Standard for judging reporting success is

based on all records, not separate based on all records, not separate categories of recordscategories of records

Increased amount of grant fundingIncreased amount of grant funding Tied mental health reporting obligations to Tied mental health reporting obligations to

adjudicationsadjudications Identified BJS as key DOJ agencyIdentified BJS as key DOJ agency Emphasized protecting privacy of NICS Emphasized protecting privacy of NICS

subjectssubjects


Criminal Justice Legislation Criminal Justice Legislation in 2007in 2007

Court Security Improvement Act of Court Security Improvement Act of 20072007

Makes state courts eligible for grants to Makes state courts eligible for grants to improve securityimprove security

High court in each state is eligible for High court in each state is eligible for grants to establish and maintain a threat grants to establish and maintain a threat assessment databaseassessment database

Gun control legislationGun control legislation Immigration and employment Immigration and employment

eligibility legislationeligibility legislation Background check legislationBackground check legislation


Criminal Justice Legislation Criminal Justice Legislation in 2007in 2007

Identity theft legislationIdentity theft legislation Spyware and computer security Spyware and computer security

legislationlegislation Sex offender legislationSex offender legislation Gang violence legislationGang violence legislation


Criminal Justice Legislation Criminal Justice Legislation and Congressional Activity in and Congressional Activity in

20082008

DOJ Reauthorization ActDOJ Reauthorization Act FBI oversightFBI oversight

BiometricsBiometrics Next generation IAFISNext generation IAFIS Rap backRap back

Anti-gang legislationAnti-gang legislation Reentry legislationReentry legislation Comprehensive criminal justice reform Comprehensive criminal justice reform

legislationlegislation


Criminal Justice Legislation Criminal Justice Legislation and Congressional Activity in and Congressional Activity in

20082008

In 2008 Congress not expected to In 2008 Congress not expected to increase Justice Assistance increase Justice Assistance appropriation for FY ’09 appropriation for FY ’09

In spring ’08 Congress may move a In spring ’08 Congress may move a Supplemental to restore some Byrne block Supplemental to restore some Byrne block grant fundinggrant funding

Congress’ approach to earmarks for FY Congress’ approach to earmarks for FY ’09, and particularly for national ’09, and particularly for national earmarks, still uncertainearmarks, still uncertain


Criminal Justice Legislation and Criminal Justice Legislation and Congressional Activity in 2009-Congressional Activity in 2009-

20102010

Depending upon outcome of November Depending upon outcome of November ’08 elections, the 111’08 elections, the 111thth Congress may Congress may address:address:

Restoring Justice Assistance funding levelsRestoring Justice Assistance funding levels Reconciling DOJ and DHS appropriations Reconciling DOJ and DHS appropriations

overlapoverlap OJP organizational reformOJP organizational reform Harmonizing background checking laws and Harmonizing background checking laws and

inconsistent and anomalous laws regarding inconsistent and anomalous laws regarding access to, and use of, CHRIaccess to, and use of, CHRI

Biometrics and national identification Biometrics and national identification programsprograms

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