CJIS ADVISORY POLICY BOARD (APB) SPRING 2012 ADVISORY

191 Pages·2012·5.69 MB·English

CJIS ADVISORY POLICY BOARD (APB)
SPRING 2012 ADVISORY PROCESS MEETINGS
INFORMATION ONLY AGENDA as of 5/09/12
Informational Topic A*
Legislative Update
Informational Topic B
Integrated Automated Fingerprint Identification System (IAFIS) Enhancements Status
Informational Topic C
National Crime Prevention and Privacy Compact Council Update
Informational Topic D
Notification of Revised Fee Schedule
Informational Topic E
IAFIS Status Report
Informational Topic F
Biometric Information Sharing Update
Informational Topic G
CJIS Division Intelligence Group Overview
Informational Topic H
Federal Agency Participation in Automated Biometric Identification System (IDENT)
/IAFIS Interoperability
Informational Topic I
Biometric Interoperability Update
Informational Topic J
State Participation in IDENT/IAFIS Interoperability
Informational Topic K
National Crime Information Center (NCIC) Status Report
Informational Topic L
Law Enforcement National Data Exchange (N-DEx) Enhancements Status
Informational Topic M
Strategy to Promote N-DEx Usage by Fusion Centers
Informational Topic N
CJIS Division NCIC Enhancements Status
Informational Topic O
NCIC 2000 Header Requirement
Informational Topic P
Warrant Task Force Status Report
Informational Topic Q
NCIC Fiscal Year 2011 Audit Results Summary
Informational Topic R
National Center for Missing and Endangered Children (NCMEC) Notification of Missing
Juveniles in the NCIC Disability Category
Informational Topic S
Implementation of the Next Generation Identification (NGI) Enhanced Repository
Informational Topic T
Information Security Officer Update
Informational Topic U
NGI Program Implementation and Transition Update
Informational Topic V
The National Instant Criminal Background Check System (NICS) Section's Expansion of
the NICS Index to Include Information Pertaining to Persons Disqualified from
Possessing or Receiving a Firearm or a Firearm-Related Permit Based on State Law
Informational Topic W
NICS Update
Informational Topic X
Summary of Results from the CJIS APB Meeting, December 2011
Informational Topic Y
Removal of the Term "Forcible" from Sexual Offenses in the FBI's Uniform Crime
Reporting (UCR) Program
Informational Topic Z
Secondary Access to III Criminal History Records by Maine Bail Commissioners
* Updated for the APB Meeting
CJIS ADVISORY POLICY BOARD
SPRING 2011 ADVISORY PROCESS MEETINGS
INFORMATIONAL TOPICS
STAFF PAPER
INFORMATIONAL TOPIC A
Legislative Update
PURPOSE
To provide an overview of legislation introduced in the 112th Congress, which may
impact the CJIS Division and the user community.
AUTHOR
Ms. Melody Ferrell
FEEDBACK
Please send all questions or comments concerning this topic via the electronic feedback
form on Law Enforcement Online or via the feedback form provided to the Training and
Systems Education Unit at facsimile, [phone] or e-mail <[email protected]>.
ENACTED LEGISLATION
FAA MODERNIZATION AND REFORM ACT OF 2012
[Public Law (Pub. L.) 112-95]
On February 14, 2012, the President signed Pub. L. 112-95, formerly HR 658, the
Federal Aviation Administration (FAA) Modernization and Reform Act of 2012. Section
802 of the law authorizes the FAA to establish a process to conduct state and FBI
fingerprint-based criminal history background checks of airmen in compliance with the
National Crime Prevention and Privacy Compact Act of 1998 (Title 42, United States
Code (U.S.C.), Section 14616). The FAA may not use the authority to conduct criminal
investigations and may collect reimbursement for processing the fingerprint-based
checks, including the FBI fee.
Information Only Topic A, Page 1
JUMPSTART OUR BUSINESS STARTUPS ACT (Pub. L. 112-106)
On April 5, 2012, the President signed Pub. L. 112-106, formerly HR 3606, the
Jumpstart Our Business Startups Act. Section 302 of the bill is entitled the "Capital
Raising Online While Deterring Fraud and Unethical Nondisclosure Act of 2012" or
the "CROWDFUND Act" and amends 15 U.S.C. § 77a et. seq. by adding Section 4a.
This section requires the Securities and Exchange Commission to take measure to
reduce the risk of fraud by requiring the Commission to promulgate a rule that
includes obtaining a background and securities enforcement regulatory history
check on each officer, director, and person holding more than 20 percent equity of
each issuer whose securities are offered by such person. The rule shall establish
disqualification provisions which includes that an issuer, broker, or funding portal
has not been convicted of any felony or misdemeanor in connection with the
purchase or sale of any security or a false filing with the Commission. The bill does
not specifically indicate if this will include an FBI fingerprint check.
PROPOSED LEGISLATION
112th CONGRESS
2nd Session
Note: Categories are: Background Checks, NICS/Brady Act, Immigration, National
Crime Information Center, Sex Offender Registry, Uniform Crime Report, and
Miscellaneous.
All bills are "In Committee" unless otherwise indicated.
Bold indicates updates.
BACKGROUND CHECKS:
Bill Name: Safety for Our Schoolchildren Act of 2011
Designation: S 124
Sponsor: David Vitter (R-LA) 01/25/11
Cosponsor: 0-D, 0-R (as of 04/02/12)
Section 2 of the bill amends 20 U.S.C. § 7101 et. seq. by adding a new section
which requires that state or local educational agencies that receive federal funds obtain an
FBI background check, as defined under 42 U.S.C. § 1304, on school employees prior to
employment. As required under 42 U.S.C. § 1304, the background check would be a
fingerprint-based check and requires a state and FBI check. The agency must also report
to a local law enforcement agency if an individual that has applied for employment is a
sexual predator. School employees include employees in a public school, administrators,
teachers, substitute teachers, custodians, cafeteria workers, and school bus drivers and
also includes contractor employees that have exposure to students.
Information Only Topic A, Page 2
Bill Name: Passport Identity Verification Act
Designation: S 744
Sponsor: Ben Cardin (D-MD) 04/06/11
Cosponsor: 2-D, 0-R (as of 04/02/12)
Previously introduced in the 111th Congress as S. 3666, Section 3 of the bill
provides that data sharing activities, engaged in by Department of State (DOS) personnel,
relating to granting, refusal, revocation, or adjudication of a passport, will be considered
law enforcement activities that involve the administration of criminal justice, as defined
in 28 CFR § 20.3. The DOS personnel may access information in relevant databases
maintained by any federal, state, tribal, territory, local government department or agency,
or private organization which contains: (1) criminal history information; (2) driver's
license or motor vehicle information, including photographs; (3) marriage, birth, or death
information; (4) naturalization or immigration information; or (5) other information that
may be used to verify the identity of the passport applicant, detect fraud, or revoke a
passport. The DOS will promulgate regulations concerning this access. Section 4
requires the DOS, Department of Homeland Security (DHS), Attorney General (AG), and
the U.S. Postmaster General to conduct an analysis to determine if passport renewal
applicants should provide biometric information, including photographs, for the purpose
of verifying the identity and detecting passport fraud.
Bill Name: Foster Care Mentoring Act of 2011
Designation: S 420
Sponsor: Mary Landrieu (D-LA) 02/28/11
Cosponsor: 3-D, 0-R (as of 04/02/12)
Previously introduced in the 111th Congress as S 986, Section 3 of the bill amends
42 U.S.C. § 629, et. seq. by adding Section 440. This Section authorizes the Secretary of
the Department of Health and Human Services (DHHS) to conduct criminal background
checks of mentors to children in foster care. The bill does not specify how the
background checks are to be conducted.
Bill Name: Foster Care Mentoring Act of 2011
Designation: HR 2012
Sponsor: Karen Bass (D-CA) 05/26/11
Cosponsor: 11-D, 0-R (as of 04/02/12)
House version of S 420.
Information Only Topic A, Page 3
Bill Name: Child Protection Improvements Act of 2011
Designation: HR 1360
Sponsor: Adam Schiff (D-CA) 04/04/11
Cosponsor: 5-D, 1-R (as of 04/02/12)
Previously introduced in the 111th Congress as HR 1469, this bill requires the AG
to establish a criminal history review program to conduct national criminal history
background checks for child-serving organizations. The AG or the background check
designee shall handle inquiries from covered entities concerning national background
checks; provide participating entities with access to the national checks on covered
individuals; negotiate agreements with each state authorized agency; receive both paper
and electronic fingerprint submissions and convert paper cards to an electronic format;
negotiate agreements with each authorized state agency; collect both a state and FBI fee;
coordinate with the FBI and state authorized agencies to ensure background checks are
completed within the designated time period; and electronically transmit national
background check requests to the FBI and/or state agency within two business days. The
FBI and/or state authorized agency shall provide criminal history record information
(CHRI ) to the AG or criminal history review designee within two business days after
receipt of the request. The AG or criminal history review designee would be required to
establish procedures to receive CHRI from the FBI and state authorized agencies;
transmit the CHRI to the covered individual, along with a detailed notification of the
individual's rights; make determinations whether the CHRI bears upon the individual's
suitability to provide care to children, and convey information to the participating entity.
The fee charged may not exceed the actual cost to the AG or background check designee
and the criminal history review designee, and cannot be more than $25 for volunteers.
The fee may also be waived by the AG upon showing of substantial hardship.
Additionally, the state fee may not exceed $25. Any fingerprints or CHRI obtained under
this Act must be destroyed unless the individual signs a release permitting the retention
for up to five years. However, this does not apply to the retention of fingerprints by the
FBI, upon consent of the individual or in accordance with state or federal procedures, for
the purpose of subsequent verification or hit notification. Within one year, the AG is also
required to prepare a report to Congress concerning this program.
Bill Name: Child Protection Improvements Act of 2011
Designation: S 645
Sponsor: Charles Schumer (D-NY) 03/17/11
Cosponsor: 4-D, 4-R (as of 04/02/12)
Bill is almost identical to HR 1360.
Information Only Topic E, Page 10
Bill Name: Child Care Protection Act of 2011
Designation: S 581
Sponsor: Richard Burr (R-NC) 03/15/11
Cosponsor: 4-D, 4-R (as of 04/02/12)
Previously introduced in the 111th Congress as S 2903, this bill amends 42 U.S.C.
§ 9858 et. seq. by requiring states receiving funds under this section to have procedures
requiring criminal background checks for child care staff members and prospective child
care staff members. The criminal background check includes an FBI fingerprint check
and a search of the state criminal repositories, state-based child abuse and neglect
registries, the National Crime Information Center (NCIC), and the National Sex Offender
Registry (NSOR). The child care provider will submit the requests to the appropriate
state agency and must be submitted at least once during a five-year period. The results of
the background check shall be provided to the child care provider. The state may charge
a fee for conducting the criminal background check, but it may not exceed the actual cost
to the state.
Bill Name : Child Care Protection Act of 2011
Designation: HR 1726
Sponsor: C.A. Dutch Ruppersberger (D-MD) 05/04/11
Cosponsor: 0-D, 0-R (as of 04/02/12)
House version of S 581.
Bill Name: Child Care Criminal Background Check Act of 2011
Designation: HR 1711
Sponsor: Andre Carson (D-IN) 05/04/11
Cosponsor: 3-D, 0-R (as of 04/02/12)
This bill amends 42 U.S.C. § 9858 et. seq. and the purpose of the bill is to assist
states in improving the quality of child care services by providing a national criminal
background check of child care providers that are licensed by the state or receive funds
under the Child Care and Development Block Grant Act of 1990. However, the bill only
requires states receiving funds to obtain a State criminal background check of child care
services' employees, applicants, and family child care providers.
Bill Name: CARE for Kids Act of 2012
Designation: HR 3829
Sponsor: Gwen Moore (D-WI) 01/25/12
Cosponsor: 6-D, 0-R (as of 04/02/12)
Information Only Topic A, Page 5
This bill amends 42 U.S.C. § 9858 et. seq. by providing for a state and national
background check for an individual who is a child care staff member, family child care
provider, or an adult who resides in a family child care provider's home, that receives
funds under the Child Care and Development Block Grant Act of 1990. It also requires a
search of the NSOR, NCIC, and state abuse and neglect registries. The bill provides that
not more than one request for a state and national background check may be conducted in
a 5-year period. The state will provide a copy to the child care provider or, upon request,
to the individual subject to the criminal background check. The state may collect a fee
from the child care provider or family care provider, but it may not exceed the actual
costs to the state, and the fee for all background checks may not exceed $36. Money is
also authorized to be appropriated to offset the administrative costs of conducting the
state and national background check.
Bill Name: Domestic Minor Sex Trafficking Deterrence & Victims Support
Act of 2011
Designation: S 596
Sponsor: Ron Wyden (D-OR) 03/16/11
Cosponsor: 8-D, 4-R (as of 04/02/12)
Section 5 of the bill amends the Social Security Act (42 U.S.C. § 671(a)), by
requiring that states have procedures to require state child welfare agencies to promptly
report information of missing or abducted children to the law enforcement authorities for
entry into the NCIC. Section 3701(c) of the Crime Control Act of 1990 is also amended
by requiring the AG to prepare a statistical summary of the total number of reports and
entries made to the NCIC.
Bill Name: Strengthening the Child Welfare Response to Human
Trafficking Act of 2011
Designation: HR 2730
Sponsor: Karen Bass (D-CA) 08/01/11
Cosponsor: 4-D, 1-R (as of 04/02/12)
Section 2 has provisions similar to Section 5 of S 596.
Bill Name: Secure Chemical Facilities Act
Designation: S 709
Sponsor: Frank Lautenberg (D-NJ) 03/31/11
Cosponsor: 1-D, 0-R (as of 04/02/12)
This bill amends the Homeland Security Act of 2002 by requiring the DHS
Secretary to issue regulations to conduct security background checks of unescorted
visitors and permanent, part-time, temporary, and contract chemical facility personnel
Information Only Topic A, Page 6
having access to restricted areas or critical assets. The security background check,
including a check of relevant databases to verify and validate identity, criminal history
databases, and the consolidated terrorist watch list, would be conducted at no cost to the
individual. The regulations would determine how the background checks will be
conducted.
Bill Name: National Association of Registered Agents and Brokers Reform Act
of2011
Designation: HR 1112
Sponsor: Randy Neugebauer (R-TX) 03/16/11
Cosponsor: 26-D, 34-R (as of 04/02/12)
Previously introduced in the 111th Congress as HR 2554, Section 2 of the bill
amends 15 U.S.C. § 6751 et seq. by requiring the National Association of Registered
Agents and Brokers (Association), when requested by an insurance producer, to submit
identification information obtained from a state-licensed insurance producer to the FBI
for a criminal history record check. The FBI would return the CHRI to the Association, a
nonprofit corporation.
Bill Name: Internet Gambling Regulation, Consumer Protection, and
Enforcement Act
Designation: HR 1174
Sponsor: John Campbell (R-CA) 03/17/11
Cosponsor: 24-D, 5-R (as of 04/02/12)
Previously introduced in the 111th Congress as HR 2267, this bill requires persons,
including corporations, partnerships, or other business entities, who apply for Internet
gambling licenses, and individuals under their control, to have a background check
conducted. The Secretary of the Treasury will establish the procedures for conducting the
background checks.
Bill Name: Internet Gambling Prohibition, Poker Consumer Protection, and
Strengthening [Unlawful Internet Gambling Enforcement Act]
UIGEA Act of 2011
Designation: HR 2366
Sponsor: Joe L. Barton (R-TX) 06/24/11
Cosponsor: 19-D, 8-R (as of 04/02/12)
Section 104 of the bill requires each qualified state agency to conduct background
checks and investigations of Internet poker licensees and all significant vendors, as well
as any other person the state agency determines has a significant influence on the licensee
applicant.
Information Only Topic A, Page 7