senate Bill S5622

2013-2014 Legislative Session

Requires social services applicants to undergo a terrorist screening background check

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 06, 2014 reported and committed to finance
Jan 08, 2014 referred to veterans, homeland security and military affairs
May 29, 2013 referred to veterans, homeland security and military affairs

Votes

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May 6, 2014 - Veterans, Homeland Security and Military Affairs committee Vote

S5622
9
1
committee
9
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Veterans, Homeland Security and Military Affairs Committee Vote: May 6, 2014

nay (1)
aye wr (3)

S5622 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §719, Exec L; amd §65, Soc Serv L

S5622 - Bill Texts

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

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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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5622

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11293-01-3

S. 5622                             2

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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