Bill S5622-2013

Requires social services applicants to undergo a terrorist screening background check

Requires social services applicants to undergo a terrorist screening background check.

Details

Actions

  • May 6, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • May 29, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Meetings

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - May 6, 2014
Ayes (9): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, Zeldin, Addabbo, Latimer
Ayes W/R (3): Carlucci, Gipson, Tkaczyk
Nays (1): Sanders

Memo

BILL NUMBER:S5622

TITLE OF BILL: An act to amend the executive law, and the social services law, in relation to the cross check of social services applicants against the terrorist screening database

PURPOSE: This bill would establish the Terrorist Screening Database Support Council, and require that all applicants seeking social services receive clearance from the council prior to receiving such social services, certifying that such applicant and all persons residing with such applicant are not listed on the national terrorist watch list

SUMMARY OF SPECIFIC PROVISIONS:

Section One of this bill would establish the Terrorist Screening Database Support Council. Such council would consist of the Commissioners of the Division of Homeland Security Services, the Superintendent of the Division of the State Police, the Commissioner of the Division of Criminal Justice Services, the Commissioner of the Office of Temporary and Disability Assistance, and the Commissioner of Children and Family services. Staffed by the respective agency personnel, the purpose of the council would be to provide any assistance needed by local governments, including their law enforcement entities and social services districts, to obtain information from the Terrorist Screening Center, operated by the Federal Bureau of Investigation, with respect to individuals contained on the Terrorist Screening Database (the national terrorist watch list).

Section Two would require county social services commissioners to submit all persons applying for social services, together with all persons residing with such applicants, to the Terrorist Screening Database Support Council, to determine whether such applicant, and those who reside with the applicant are listed on the national terrorist watch list Pursuant to this section, the Council would submit such names so provided to the Terrorist Screening Center, operated by the FBI, for a cross check against the Terrorist Screening Database (the national terrorist watch list) If there is no cross match, the Council would immediately certify the applicant, so they could thereby receive the social service sought. If any of the persons to examined, however, do appear on the list, then the applicant would be denied the social service sought

JUSTIFICATION: Pursuant to Home land Security Presidential Directive 6 of 2003, the Federal Bureau of Investigation established the Terrorist Screening Center. This Center, located in Vienna, Virginia, under the Department of Justice guidelines, maintains the Terrorist Screening Database (commonly known as the National Terrorist Watch List) This consolidated Terrorist Watch list, which is a single database of identifying information about those known or reasonably suspected of being involved in terrorist activity, contains thousands of records that are updated daily and shared with federal, state, local, territorial, tribal law enforcement, and Intelligence Community members as well as international partners to ensure that individuals with links to terrorism are appropriately screened. Comprised of a portion of the National Counter Terrorism Center's (NCTC's) immense

and broad based Terrorist Identities Datamart Environment (TIDE), the Terrorist Screening Database, is significantly culled by the Terrorist Screening Center, and has only approximately five percent of its names who are American Citizens.

The recent events of the Boston Marathon Attacks, highlighted the fact that Al Qaeda inspired terrorists came to the United States, took advantage of our social services network, and rather than seeking gainful employment, spent their time planning and executing a large scale and murderous terrorist attack.

Although New York has a generous and compassionate social services system, the provision of social services need not be a platform to subsidize and facilitate a terrorist attack, Accordingly, this bill would provide a mechanism whereby applicants, and those who would reside with such, must receive pre-clearance that they are not on the national terrorist watch list.

As a result, this bill would provide two benefits. First it would assure that social services were not being misdirected to support and subsidize terrorist attacks, and second, it would provide a mechanism to report the location and activities of persons who are found on the national terrorist watch list

LEGISLATIVE HISTORY: This is a new bill in the Senate.

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: This act would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5622 2013-2014 Regular Sessions IN SENATE May 29, 2013 ___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the executive law, and the social services law, in relation to the cross check of social services applicants against the terrorist screening database THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 719 to read as follows: S 719. TERRORIST SCREENING DATABASE SUPPORT COUNCIL. THERE SHALL HERE- BY BE ESTABLISHED A TERRORIST SCREENING DATABASE SUPPORT COUNCIL WHICH SHALL CONSIST OF THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, WHO SHALL BE ITS CHAIR, THE SUPERINTENDENT OF THE DIVISION OF THE STATE POLICE, THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, AND THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES. THE COUNCIL SHALL BE STAFFED BY EMPLOYEES OF THE RESPECTIVE AGENCIES REPRESENTED ON THE COUNCIL, AS DIRECTED BY THE MEMBERS OF THE COUNCIL. IT SHALL BE THE PURPOSE OF THE COUNCIL TO PROVIDE ANY ASSIST- ANCE NEEDED BY LOCAL GOVERNMENTS, INCLUDING THEIR LAW ENFORCEMENT ENTI- TIES AND SOCIAL SERVICES DISTRICTS, TO OBTAIN INFORMATION FROM THE TERRORIST SCREENING CENTER, OPERATED BY THE FEDERAL BUREAU OF INVESTI- GATION, WITH RESPECT TO INDIVIDUALS CONTAINED ON THE TERRORIST SCREENING DATABASE. S 2. Section 65 of the social services law is amended by adding a new subdivision 5 to read as follows: 5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO COUNTY SHALL PROVIDE ANY SOCIAL SERVICE TO ANY PERSON, OTHER THAN EMER- GENCY MEDICAL TREATMENT OR PAYMENT THEREFORE, IF SUCH PERSON APPLYING FOR SUCH SOCIAL SERVICE HAS NOT RECEIVED TERRORIST SCREENING CLEARANCE
FROM THE TERRORIST SCREENING DATABASE SUPPORT COUNCIL, ESTABLISHED PURSUANT TO SECTION SEVEN HUNDRED NINETEEN OF THE EXECUTIVE LAW. UPON APPLICATION FOR ANY SOCIAL SERVICE, THE COUNTY SOCIAL SERVICES COMMIS- SIONER SHALL CAUSE TO BE FORWARDED TO THE TERRORIST SCREENING DATABASE SUPPORT COUNCIL, THE NAME AND NECESSARY INFORMATION OF SUCH PERSON APPLYING FOR SUCH SOCIAL SERVICE. UPON RECEIPT OF THE NAME AND NECESSARY INFORMATION OF SUCH PERSON, THE TERRORIST SCREENING DATABASE SUPPORT COUNCIL SHALL CONTACT THE TERRORIST SCREENING CENTER, OPERATED BY THE FEDERAL BUREAU OF INVESTIGATION, TO DETERMINE, PURSUANT TO A CROSS CHECK WITH THE TERRORIST SCREENING DATABASE, IF SUCH PERSON APPLYING FOR THE SOCIAL SERVICE IS LISTED UPON THE TERRORIST SCREENING DATABASE. IN THE EVENT SUCH PERSON APPLYING FOR THE SOCIAL SERVICE RESIDES WITH OTHER PERSONS, THE COUNTY SOCIAL SERVICES COMMISSIONER SHALL CAUSE TO BE FORWARDED TO THE TERRORIST SCREENING DATABASE SUPPORT COUNCIL, FOR CROSS CHECK WITH THE TERRORIST SCREENING DATABASE, THE NAME AND NECESSARY INFORMATION OF THE APPLICANT, AND THE NAMES AND THE NECESSARY INFORMA- TION OF ALL PERSONS WHO RESIDE WITH SUCH APPLICANT. IF IT IS DETERMINED UPON SUCH CROSS CHECK, THAT THE APPLICANT, AND ALL PERSONS WHO RESIDE WITH SUCH APPLICANT, DO NOT HAVE THEIR NAME CONTAINED ON THE TERRORIST SCREENING DATABASE, THEN THE TERRORIST SCREENING DATABASE SUPPORT COUN- CIL SHALL IMMEDIATELY PROVIDE THE COUNTY SOCIAL SERVICES COMMISSIONER WITH A CLEARANCE CERTIFICATION THAT SUCH PERSONS DO NOT HAVE THEIR NAMES CONTAINED ON THE TERRORIST SCREENING DATABASE. IF IT IS DETERMINED UPON SUCH CROSS CHECK PERFORMED BY THE TERRORIST SCREENING CENTER, HOWEVER, THAT THE APPLICANT, OR ANY PERSON RESIDING WITH THE APPLICANT, IS IN FACT LISTED UPON THE TERRORIST SCREENING DATABASE, THEN THE TERRORIST SCREENING DATABASE SUPPORT COUNCIL SHALL NOT PROVIDE THE COUNTY SOCIAL SERVICES COMMISSIONER WITH A CLEARANCE CERTIFICATION AND SUCH APPLICANT SHALL BE DENIED THE SOCIAL SERVICE SOUGHT. S 3. This act shall take effect immediately.

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