Short title

This Act may be cited as the

Fugitive Information Networked Database Act of 2008

or the FIND Act.

Definition

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.

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.

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.

Grants to encourage States to enter felony warrants

(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— (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 (2)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 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.

(b)

Eligibility

In order to be eligible for a grant authorized under subsection (a), a State shall submit to the United States Attorney General— (1)a plan to develop and implement, or upgrade, systems described in subsection (a); (2)a report that— (A)details the number of felony warrants outstanding in the State; (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); (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 (D)demonstrates that State and local government agencies have made good faith efforts to eliminate any such backlog; and (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. (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. (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.

FBI coordination

The Federal Bureau of Investigation shall provide to State 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.

, 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.

Report regarding felony warrant entry

(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 felony warrants currently active in each State; (2)the number of those felony warrants that State and local government agencies have entered into the National Crime Information Center database; (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 (4)the number of fugitives from each State who were apprehended in other States over the preceding 3 years but not extradited. (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 section 3section 4. (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. (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.

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 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. (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.

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

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.