[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3136 Reported in Senate (RS)]
Calendar No. 1032
110th CONGRESS
2d Session
S. 3136
To encourage the entry of felony warrants into the NCIC database by
States and provide additional resources for extradition.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2008
Mr. Biden (for himself and Mr. Durbin) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
September 18 (legislative day, September 17), 2008
Reported by Mr. Leahy, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To encourage the entry of felony warrants into the NCIC database by
States and provide additional resources for extradition.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fugitive Information Networked
Database Act of 2008'' or the ``FIND Act''.
<DELETED>SEC. 2. DEFINITION.</DELETED>
<DELETED> In this Act, the term ``National Crime Information Center
database'' is the computerized index of criminal justice information
operated by the Federal Bureau of Investigation pursuant to section 534
of title 28, United States Code, and available to Federal, State, and
local law enforcement and other criminal justice agencies.</DELETED>
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nationwide, there are an estimated 2,800,000 to
3,200,000 active Federal, State, and local warrants for the
arrest of persons charged with felony crimes.
(2) State and local law enforcement authorities have
insufficient resources to devote to searching for and
apprehending fugitives. As a result, large numbers of fugitives
evade arrest. State and local law enforcement authorities also
lack resources for extraditing fugitives who have been arrested
in other States. As a result, such fugitives frequently are
released without prosecution.
(3) Increasing the resources available for conducting
fugitive investigations and transporting fugitives between
States would increase the number of fugitives who are arrested
and prosecuted.
(4) The United States Marshals Service (referred to in this
Act as the ``USMS'') plays an integral role in the apprehension
of fugitives in the United States, and has a long history of
providing assistance and expertise to Federal, State, and local
law enforcement agencies in support of fugitive investigations.
(5)(A) Pursuant to the Presidential Threat Protection Act
of 2000, the USMS created the Regional Fugitive Task Force
(referred to in this Act as the ``RFTF'') program. Through the
RFTFs, the USMS combines the efforts and resources of Federal,
State, and local law enforcement authorities for the purpose of
locating and apprehending fugitives.
(B) Between 2002 and 2006, the USMS established 6 RFTFs--
(i) the New York/New Jersey RFTF, based in New
York, NY;
(ii) the Pacific Southwest RFTF, based in Los
Angeles, CA;
(iii) the Great Lakes RFTF, based in Chicago, IL;
(iv) the Southeast RFTF, based in Atlanta, GA;
(v) the Capital Area RFTF, based in Washington, DC;
and
(vi) the Gulf Coast RFTF, based in Birmingham, AL.
(6) More than 230 Federal, State, and local law enforcement
agencies have partnered with the 6 RFTFs, creating a ``force
multiplier'' that significantly expands the capacity of each
agency to locate and apprehend fugitives. Since their
inception, these 6 RFTFs have arrested approximately 90,000
Federal and State felony fugitives. However, the USMS has not
received significant resources for developing additional RFTFs
since 2006.
(7)(A) The USMS believes that the following geographic
areas of the United States would benefit from the creation of
an RFTF:
(i) The Carolinas.
(ii) The Caribbean.
(iii) Texas.
(iv) New England (Massachusetts, Maine, New
Hampshire, Vermont, Rhode Island).
(v) Florida.
(vi) Northern California.
(vii) The Heartland (Missouri, Iowa).
(viii) Michigan and Ohio.
(ix) Pacific Northwest (Oregon, Washington, Alaska,
Idaho).
(x) Mountain (Colorado, Utah, Wyoming, Kansas,
Montana, Nebraska, North Dakota, South Dakota).
(xi) Mid-Atlantic (Pennsylvania, Delaware, West
Virginia).
(xii) Southwest (New Mexico, Arizona, Oklahoma).
(B) The establishment of RFTFs in each of these additional
regions would enable the USMS to provide effective fugitive
location and apprehension assistance to every State and
territory in the United States.
(8) The USMS utilizes the Justice Prisoner and Alien
Transportation Service (referred to in this Act as the
``JPATS'') to transport Federal detainees and prisoners. It
also makes JPATS available to a very limited number of State
and local law enforcement agencies on a reimbursable, space-
available basis for the purpose of transporting a fugitive from
the place where the fugitive was arrested to the jurisdiction
that issued the warrant for the fugitive's arrest. Through
JPATS, these agencies are able to reduce the cost of
extradition significantly.
(9) Expanding JPATS so that the USMS can make it available
to all State and local law enforcement agencies that
participate in an RFTF would lower the cost of transporting
fugitives for extradition and lead to the prosecution of a
greater number of fugitives.
(10) Since 1967, the Federal Bureau of Investigation has
operated the National Crime Information Center (referred to in
this Act as the ``NCIC''), which administers a nationwide
database containing criminal history information from the
Federal Government and the States, including outstanding arrest
warrants. The NCIC database allows a law enforcement officer
who stops a person in 1 State to obtain information about a
warrant for that person issued in another State. It contains
approximately 1,300,000 felony and misdemeanor warrants. It is
missing over half of the country's 2,800,000 to 3,200,000
felony warrants, including warrants for hundreds of thousands
of violent crimes.
(11) A State's failure to enter a warrant into the NCIC
database enables a fugitive to escape arrest even when the
fugitive is stopped by a law enforcement officer in another
State, because such officer is not aware there is a warrant for
the fugitive's arrest. Many such fugitives go on to commit
additional crimes. In addition, they pose a danger to officers
who encounter them without knowledge of their pending charges
or record of fleeing law enforcement authorities.
(12) All warrants entered into the NCIC database must be
validated on a regular basis to ensure that the information in
the warrant is still accurate and that the warrant is still
active.
(13) Improving the entry and validation of warrants in the
NCIC database would enable law enforcement officers to identify
and arrest a larger number of fugitives, improve the safety of
these officers, and better protect communities from crime.
(14) Federal funds for State and local law enforcement are
most effective when they do not supplant, but rather supplement
State and local funds.
SEC. 3. DEFINITIONS.
In this Act:
(1) Active warrant.--The term ``active warrant'' means a
warrant that has not been cleared. A warrant may be cleared by
arrest or by the determination of a law enforcement agency that
a warrant has already by executed or that the subject is
deceased.
(2) Felony warrant.--The term ``felony warrant'' means any
warrant for a crime that is punishable by a term of
imprisonment exceeding 1 year.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands and includes law enforcement agencies,
courts, and any other government agencies involved in the
issuance of warrants.
(4) Unit of local government.--The term ``unit of local
government''--
(A) means--
(i) any city, county, township, borough,
parish, village, or other general purpose
political subdivision of a State; or
(ii) any law enforcement district or
judicial enforcement district that is
established under applicable State law and has
the authority to, in a manner independent of
other State entities, establish a budget and
impose taxes; and
(B) includes law enforcement agencies, courts, and
any other government agencies involved in the issuance
of warrants.
(5) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(6) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a) and
includes tribal law enforcement agencies, tribal courts, and
any other tribal agencies involved in the issuance of warrants.
SEC. <DELETED>3</DELETED>4. GRANTS TO ENCOURAGE STATES TO ENTER FELONY
WARRANTS.
<DELETED> (a) State System.--A State Attorney General may, in
consultation with local law enforcement and any other relevant
government agencies, apply for a grant from the United States Attorney
General to--</DELETED>
<DELETED> (1) develop and implement secure, electronic
warrant management systems that permit the prompt preparation,
submission, and validation of warrants and are compatible and
interoperable with the National Crime Information Center
database; or</DELETED>
<DELETED> (2) upgrade existing electronic warrant management
systems to ensure compatibility and interoperability with the
National Crime Information Center database;</DELETED>
<DELETED>to facilitate information sharing and to ensure that felony
warrants entered into State and local warrant databases can be
automatically entered into the National Crime Information Center
database. The grant funds may also be used to hire additional
personnel, as needed, for the validation of warrants entered into the
National Crime Information Center database.</DELETED>
<DELETED> (b) Eligibility.--In order to be eligible for a grant
authorized under subsection (a), a State shall submit to the United
States Attorney General--</DELETED>
<DELETED> (1) a plan to develop and implement, or upgrade,
systems described in subsection (a);</DELETED>
<DELETED> (2) a report that--</DELETED>
<DELETED> (A) details the number of felony warrants
outstanding in the State;</DELETED>
<DELETED> (B) describes any backlog of warrants that
have not been entered into the State and local warrant
databases or into the National Crime Information Center
database, over the preceding 3 years (including the
number of such felony warrants);</DELETED>
<DELETED> (C) explains the reasons for the failure
of State and local government agencies to enter felony
warrants into the National Crime Information Center
database; and</DELETED>
<DELETED> (D) demonstrates that State and local
government agencies have made good faith efforts to
eliminate any such backlog; and</DELETED>
<DELETED> (3) guidelines for warrant entry by State and
local government agencies that will ensure that felony warrants
entered into State and local warrant databases will also be
entered into the National Crime Information Center database and
explain the circumstances in which, as a matter of policy,
certain felony warrants will not be entered into the National
Crime Information Center database.</DELETED>
<DELETED> (c) Authorization.--There are authorized to be
appropriated to the Attorney General $25,000,000 for each of the fiscal
years 2009 and 2010 for grants to State and local government agencies
for resources to carry out the requirements of this section.</DELETED>
(a) Authorization of Grants.--
(1) In general.--The Attorney General shall make grants to
States in a manner consistent with the National Criminal
History Improvement Program, which shall be used by States or
Indian tribes, in consultation with State, local, and tribal
government agencies, to--
(A)(i) develop and implement secure, electronic
warrant management systems that permit the prompt
preparation, submission, and validation of warrants and
are compatible and interoperable with the National
Crime Information Center database to facilitate
information sharing and to ensure that felony warrants
entered into State and local warrant databases by State
and local government agencies can be automatically
entered into the National Crime Information Center
database; or
(ii) upgrade existing electronic warrant management
systems to ensure compatibility and interoperability
with the National Crime Information Center database to
facilitate information sharing and to ensure that
felony warrants entered into State and local warrant
databases by State and local government agencies can be
automatically entered into the National Crime
Information Center database; and
(B) ensure that all State, local, and tribal
government agencies that need access to the National
Crime Information Center database for criminal justice
purposes can access the database.
Up to 5 percent of the grant funds awarded under this section
to each State and Indian tribe may also be used to hire
additional personnel, as needed, to validate warrants entered
into the National Crime Information Center database.
(2) Set-aside.--Up to 2 percent of the grant funding
available under this section shall be reserved for Indian
tribal governments.
(b) Eligibility.--In order to be eligible for a grant authorized
under subsection (a), a State or Indian tribe shall submit to the
Attorney General--
(1) a plan to develop and implement, or upgrade, systems
described in subsection (a)(1);
(2) a report that--
(A) details the number of active felony warrants
issued by the State, including felony warrants issued
by units of local government within the State or Indian
tribe;
(B) describes the number and type of active felony
warrants that have not been entered into a State,
local, or tribal warrant database or into the National
Crime Information Center database;
(C) explains the reasons State, local, and tribal
government agencies have not entered active felony
warrants into the National Crime Information Center
database; and
(D) demonstrates that State, local, and tribal
government agencies have made good faith efforts to
eliminate any such backlog; and
(3) guidelines for warrant entry by the State, including
units of local government, or Indian tribe that will ensure
felony warrants issued by the State, including units of local
government within the State, or Indian tribe will be entered
into the National Crime Information Center database, and a
description of the circumstances, if any, in which, as a matter
of policy, certain such warrants will not be entered into the
National Crime Information Center database.
(c) Report to the Attorney General.--A State or Indian tribe that
receives a grant under this section shall, 1 year after receiving the
grant, report to the Attorney General--
(1) the number of active felony warrants issued by that
State, including units of local government within that State or
Indian tribe;
(2) the number of those felony warrants entered into the
National Crime Information Center database; and
(3) with respect to felony warrants not entered into the
National Crime Information Center database, the reasons for not
entering such warrants.
(d) Authorization.--There are authorized to be appropriated to the
Attorney General $15,000,000 for each of the fiscal years 2009 and 2010
and $20,000,000 for fiscal year 2011 for grants to State and local
government agencies for resources to carry out the requirements of this
section.
SEC. <DELETED>4</DELETED>5. FBI COORDINATION.
The Federal Bureau of Investigation shall provide to State
<DELETED>and local government agencies the technological standard that
ensures compatibility and interoperability of all State and local
warrant databases with the National Crime Information Center
database.</DELETED>, local, and tribal government agencies the
technological standard to ensure the compatibility and interoperability
of all State and local warrant databases with the National Crime
Information Center database, as well as other technical assistance to
facilitate the implementation of automated State, local, and tribal
warrant management systems that are compatible and interoperable with
the NCIC database.
SEC. <DELETED>5</DELETED>6. REPORT REGARDING FELONY WARRANT ENTRY.
<DELETED> (a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the House and Senate Committees on the Judiciary a
report regarding--</DELETED>
<DELETED> (1) the number of felony warrants currently active
in each State;</DELETED>
<DELETED> (2) the number of those felony warrants that State
and local government agencies have entered into the National
Crime Information Center database;</DELETED>
<DELETED> (3) the number of times State and local law
enforcement in each State has been contacted regarding a
fugitive apprehended in another State over the preceding 3
years; and</DELETED>
<DELETED> (4) the number of fugitives from each State who
were apprehended in other States over the preceding 3 years but
not extradited.</DELETED>
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the House and Senate Committees on the Judiciary a
report regarding--
(1) the number of active felony warrants issued by each
State, including felony warrants issued by units of local
government, and Indian tribe;
(2) the number of those active felony warrants that State,
local, and tribal government agencies have entered into the
National Crime Information Center database; and
(3) for the preceding 3 years, the number of persons in
each State with an active felony warrant who were--
(A) apprehended in other States or in Indian
Country but not extradited; and
(B) apprehended in other States or in Indian
Country and extradited.
(b) Assistance.--To assist in the preparation of the report
required by subsection (a), the Attorney General shall provide the
Comptroller General of the United States with access to any information
collected and reviewed in connection with the grant application process
described in <DELETED>section 3</DELETED>section 4.
<DELETED> (c) Report to the Attorney General.--States that receive
grants under section 3 shall, as a condition of receiving the grant,
report to the Attorney General on an annual basis the number of felony
warrants entered into the State and local warrant databases, the number
of felony warrants entered into the National Crime Information Center
database, and, with respect to felony warrants not entered into the
National Crime Information Center database, the reasons for not
entering such warrants. On an annual basis, the Attorney General shall
submit to the House and Senate Committees on the Judiciary a report
containing the information received from the States under this
subsection.</DELETED>
(c) Report by Attorney General.--On an annual basis, the Attorney
General shall submit to the House and Senate Committees on the
Judiciary a report containing the information received from the States
and Indian tribes under this section.
<DELETED>SEC. 67. ADDITIONAL RESOURCES FOR FUGITIVE TASK FORCES AND
EXTRADITION.</DELETED>
<DELETED> (a) Presidential Threat Protection Act of 2000.--Section
6(b) of the Presidential Threat Protection Act of 2000 (28 U.S.C. 566
note) is amended by adding at the end the following: ``There are
authorized to be appropriated to the Attorney General for the United
States Marshals Service to carry out the provisions of this section
$20,000,000 for fiscal year 2009 and $10,000,000 for each of the fiscal
years 2010 through 2014.''</DELETED>
<DELETED> (b) Justice Prisoner and Alien Transport System.--There
are authorized to be appropriated to the Attorney General for the
United States Marshals Service $3,000,000 for each of fiscal years 2009
through 2014 to assist in extradition of fugitives through the Justice
Prisoner and Alien Transport System.</DELETED>
SEC. 7. ADDITIONAL RESOURCES FOR FUGITIVE TASK FORCES AND EXTRADITION.
(a) Presidential Threat Protection Act of 2000.--Section 6(b) of
the Presidential Threat Protection Act of 2000 (28 U.S.C. 566 note) is
amended by striking ``and $10,000,000 for each of fiscal years 2008
through 2012'' and inserting ``$10,000,000 for fiscal year 2008, and
$50,000,000 for each of the fiscal years 2009 through 2012 and
$25,000,000 for each of fiscal years 2013 through 2015 for--
``(1) hiring senior-level criminal investigator deputy
marshals and administrative analysts to increase staffing of
the 6 existing Regional Fugitive Task Forces;
``(2) establishing new Regional Fugitive Task Forces in the
areas of the country not currently served by existing Regional
Fugitive Task Forces;
``(3) hiring senior-level criminal investigator deputy
marshals and administrative analysts to staff each new Regional
Fugitive Task Force established under this section;
``(4) hiring senior-level criminal investigator deputy
marshals to increase the staffing of the United States Marshals
Service Technical Operations Group, which provides electronic
and air surveillance in support of fugitive investigations;
``(5) providing training facilities and enhancing training
opportunities for Federal, State, local, and tribal task force
officers from agencies that participate in the Regional
Fugitive Task Forces; and
``(6) other activities related to those described in
paragraphs (1) through (5).
Any funds made available under this subsection shall remain available
until expended.''.
(b) Justice Prisoner and Alien Transport System.--
(1) Authorization.--The Attorney General shall assist
States and units of local government that participate in a
Regional Fugitive Task Force by securing transportation
services for the extradition of fugitives via the United States
Marshals Service Justice Prisoner and Alien Transportation
Service.
(2) Funding.--There are authorized to be appropriated to
the Attorney General for the United States Marshals Service
$3,000,000 for each of fiscal years 2009 through 2014 to assist
in extradition of fugitives through the Justice Prisoner and
Alien Transport System. Any funds made available under this
subsection shall remain available until expended.
SEC. 8. EXTRADITION ASSISTANCE TO STATES.
(a) Grant Assistance.--
(1) Authorization of grant assistance.--
(A) In general.--The Attorney General shall,
subject to subsection (a)(4), make grants to States and
Indian tribes for periods of 1 year which shall be used
by States and units of local government and Indian
tribes to extradite fugitives from another State or
Indian country for prosecution.
(B) Set aside.--Up to 2 percent of the grant
funding available under this section shall be reserved
for Indian tribal governments, including tribal
judicial systems.
(2) Matching funds.--The Federal share of a grant received
under this section may not exceed 80 percent of the costs of a
program or proposal funded under this section unless the
Attorney General waives, wholly or in part, the requirements of
this paragraph in the event of extraordinary circumstances.
(3) Grant applications.--In its application for a grant
under this section, a State or Indian tribe shall--
(A) describe the process and any impediments to
extraditing fugitives apprehended in other States or in
Indian Country after being notified of such fugitives'
apprehension;
(B) specify the way in which grant amounts will be
used, including the means of transportation the State
or Indian tribe intends to use for extradition and
whether the State or Indian tribe will participate in
the United States Marshals Service Justice Prisoner and
Alien Transport System program, as well as whether it
has participated in that program in the past;
(C) specify the number of fugitives extradited
statewide by all jurisdictions for each of the 3 years
preceding the date of the grant application; and
(D) specify the total amount spent statewide by all
jurisdictions on fugitive extraditions for each of the
3 years preceding the date of the grant application.
(4) Eligibility.--
(A) In general.--In determining whether to award a
grant under this section to a State or Indian tribe,
the Attorney General shall consider the following:
(i) The information in the application
submitted under paragraph (3).
(ii) The percentage of felony warrants
issued by the State, including units of local
government within the State, or Indian tribe
that the State or Indian tribe entered into the
NCIC database, as calculated with the
information provided under subsection (b) and,
beginning 1 year after the date of enactment of
this Act, whether the State or Indian tribe has
made substantial progress in improving the
entry of felony warrants into the NCIC
database.
(iii) For grants issued after an initial 1
year grant, whether the State, including units
of local government within the State, or Indian
tribe has increased substantially the number of
fugitives extradited for prosecution.
(B) Preferences.--In allocating extradition grants
under this section, the Attorney General should give
preference to States that--
(i) 3 years after the date of enactment of
this Act, have entered at least 50 percent of
active felony warrants into the NCIC database;
(ii) 5 years after the date of enactment of
this Act, have entered at least 70 percent of
active felony warrants into the NCIC database;
and
(iii) 7 years after the date of enactment
of this Act, have entered at least 90 percent
of active felony warrants into the NCIC
database.
(5) Record keeping.--States, including units of local
government in the States, and Indian tribes that receive a
grant under this section shall maintain and report such data,
records, and information (programmatic and financial) as the
Attorney General may require.
(6) Audit.--The Attorney General shall conduct an audit of
States' and Indian tribe's use of funds allocated under this
section 18 months after the enactment of this Act and
biennially thereafter. A State or unit of local government or
Indian tribe that fails to increase substantially the number of
fugitives extradited after receiving a grant under this section
will be ineligible for future funds.
(7) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2009 through 2015.
(b) Active Felony Warrants Issued by States and Indian Tribes.--
(1) In general.--To assist the Attorney General in making a
determination under subsection (a)(4) concerning eligibility to
receive a grant, and not later than 180 days after the date of
the enactment of this Act and annually thereafter on a date
designated by the Attorney General, each State and Indian tribe
shall provide the Attorney General with the total number of
active felony warrants issued by the State, including units of
local government in the State, or Indian tribe, regardless of
the age of the warrants. The States and Indian tribes must
describe categories of felony warrants not entered into the
NCIC database and the reasons for not entering such warrants.
(2) Failure to provide.--A State or Indian tribe that fails
to provide the information described in paragraph (1) by the
date required under such paragraph shall be ineligible to
receive any funds under subsection (a), until such date as it
provides such information to the Attorney General.
(c) Attorney General Report.--
(1) In general.--Not later than January 31 of each year,
the Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report--
(A) containing the information submitted by the
States and Indian tribes under subsection (b);
(B) containing the percentage of active felony
warrants issued by those States and Indian tribes that
has been entered into the NCIC database, as determined
under subsection (a)(4)(A)(ii);
(C) containing a description of the categories of
felony warrants States and Indian tribes have not
entered into the NCIC database and the reasons such
warrants were not entered, as provided to the Attorney
General under subsection (b)(1);
(D) comparing the warrant entry information to data
from previous years and describing the progress of
States and Indian tribes in entering active felony
warrants into the NCIC database;
(E) containing the number of persons that each
State, including units of local government within the
State, or Indian tribe has extradited from other States
or in Indian country for prosecution and describing any
progress the State or Indian tribe has made in
improving the number of fugitives extradited for
prosecution; and
(F) describing the practices of the States and
Indian tribes regarding the collection, maintenance,
automation, and transmittal of felony warrants to the
NCIC, that the Attorney General considers to be best
practices.
(2) Best practices.--Not later than January 31 of each
year, the Attorney General shall also provide the information
regarding best practices, referred to in paragraph (1)(F), to
each State and Indian tribe submitting information to the NCIC.
Calendar No. 1032
110th CONGRESS
2d Session
S. 3136
_______________________________________________________________________
A BILL
To encourage the entry of felony warrants into the NCIC database by
States and provide additional resources for extradition.
_______________________________________________________________________
September 18 (legislative day, September 17), 2008
Reported with amendments