[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3143 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3143

    To assist law enforcement agencies in locating, arresting, and 
                  prosecuting fugitives from justice.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2008

 Mr. Durbin (for himself and Mrs. Dole) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To assist law enforcement agencies in locating, arresting, and 
                  prosecuting fugitives from justice.

    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 ``Capture Arrest and Transport Charged 
Fugitives Act of 2008''.

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 escape 
        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 other 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 fugitive arrests. 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.
                    (v) Florida.
                    (vi) Northern California.
                    (vii) The Heartland.
                    (viii) Michigan and Ohio.
                    (ix) Pacific Northwest.
                    (x) Mountain.
                    (xi) Mid-Atlantic.
                    (xii) Southwest.
            (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 a 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 one 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 did not have accurate information 
        about the warrant. Many such fugitives go on to commit 
        additional crimes. In addition, they pose a danger to officers 
        who encounter them but have no knowledge of their pending 
        charges or record of fleeing law enforcement authorities.
            (12) Improving the completeness of the warrant records in 
        the NCIC database would enable law enforcement officers to 
        identify and arrest a larger number of fugitives and would 
        improve the safety of these officers.

SEC. 3. DEFINITIONS.

    As used in this Act, the following definitions shall apply:
            (1) Active warrant.--The term ``active warrant'' means a 
        warrant that has not been cleared.
            (2) Clear a warrant.--The term ``clear a warrant'' means 
        the execution of a warrant by arrest or a determination by a 
        law enforcement agency that a warrant has already been executed 
        or that the subject of a warrant is incarcerated or deceased.
            (3) Felony warrant.--The term ``felony warrant'' means a 
        warrant for a crime that is punishable by a term of 
        imprisonment exceeding 1 year, whether or not the jurisdiction 
        that issued the warrant anticipates extradition.
            (4) Serious misdemeanor warrant.--The term ``serious 
        misdemeanor warrant'' means a warrant for a crime that is 
        punishable by a term of imprisonment for 1 year or less but 
        that involves domestic violence, as described in section 
        921(a)(33)(A)(ii) of title 18, United States Code, or child 
        pornography as defined in section 2256 of title 18, United 
        States Code, whether or not the jurisdiction that issued the 
        warrant anticipates extradition.
            (5) 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, the 
        Northern Mariana Islands, and any Indian Tribe that performs 
        law enforcement functions, as determined by the Secretary of 
        the Interior.
            (6) Unit of local government.--The term ``unit of local 
        government'' means--
                    (A) any city, county, township, borough, parish, 
                village, or other general purpose political subdivision 
                of a State; or
                    (B) 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.

   TITLE I--EXPANSION OF THE UNITED STATES MARSHAL SERVICE FUGITIVE 
                          APPREHENSION PROGRAM

SEC. 101. AUTHORIZATION OF FUNDING FOR ADDITIONAL UNITED STATES MARSHAL 
              SERVICE REGIONAL FUGITIVE TASK FORCES.

    Section 6(b) of the Presidential Threat Protection Act of 2000 (28 
U.S.C. 566 note; Public Law 106-544) 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 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 the 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, and local 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.''.

SEC. 102. AUTHORIZATION OF FUNDING FOR FUGITIVE EXTRADITIONS.

    (a) 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 Marshal Service Justice Prisoner and 
Alien Transportation Service.
    (b) Funding.--There are authorized to be appropriated to carry out 
this section $2,000,000 for each of fiscal years 2009 through 2015. Any 
funds made available under this section shall remain available until 
expended.

  TITLE II--EXTRADITION ASSISTANCE AND TRANSMITTAL OF WARRANTS TO THE 
                                  NCIC

SEC. 201. EXTRADITION ASSISTANCE TO STATES.

    (a) Grant Assistance.--
            (1) Authorization of grant assistance.--
                    (A) In general.--The Attorney General shall, 
                subject to subsection (b)(2), make grants to States for 
                periods of 1 year per grant which shall be used by the 
                States and units of local government to extradite a 
                person from another State for prosecution.
                    (B) Set aside.--Up to 5 percent of the grant 
                funding available under this section may 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 title unless the Attorney 
        General waives, wholly or in part, the requirements of this 
        paragraph in the event of extraordinary circumstances.
            (3) Conditions.--
                    (A) First period.--During the 2-year period 
                beginning 3 years after the date of enactment of this 
                Act--
                            (i) a State shall not be eligible to 
                        receive a grant under this section if it 
                        provides less than 50 percent of the records 
                        required to be provided under this section, as 
                        determined for the State by the Attorney 
                        General under subsection (d), or fails to 
                        provide an estimate of the total number of 
                        active felony and serious misdemeanor warrants 
                        issued by the State and units of local 
                        government within the State, as required by 
                        subsection (b); and
                            (ii) a State shall not provide any portion 
                        of a grant received under this section to a 
                        unit of local government that provides to the 
                        NCIC less than 50 percent of the total number 
                        of serious misdemeanor and felony warrants that 
                        it has issued, as determined by the State and 
                        consistent with the method determined by the 
                        Attorney General in subsection (d).
                    (B) Second period.--During the 2-year period 
                beginning 5 years after the date of enactment of this 
                Act--
                            (i) a State shall not be eligible to 
                        receive a grant under this section if it 
                        provides less than 70 percent of the records 
                        required to be provided under this section, as 
                        determined for the State by the Attorney 
                        General under subsection (d), or fails to 
                        provide an estimate of the total number of 
                        active felony and serious misdemeanor warrants 
                        issued by the State and units of local 
                        government within the State, as required by 
                        subsection (b); and
                            (ii) a State shall not provide any portion 
                        of a grant received under this section to a 
                        unit of local government that provides to the 
                        NCIC less than 70 percent of the total number 
                        of serious misdemeanor and felony warrants that 
                        it has issued, as determined by the State and 
                        consistent with the method determined by the 
                        Attorney General in subsection (d).
                    (C) Third period.--After the expiration of the 
                period referred to in subparagraph (B)--
                            (i) a State shall not be eligible to 
                        receive a grant under this section if it 
                        provides less than 90 percent of the records 
                        required to be provided under this section, as 
                        determined for the State by the Attorney 
                        General under subsection (d), or fails to 
                        provide an estimate of the total number of 
                        active felony and serious misdemeanor warrants 
                        issued by the State and units of local 
                        government within the State, as required by 
                        subsection (b); and
                            (ii) a State shall not provide any portion 
                        of a grant received under this section to a 
                        unit of local government that provides to the 
                        NCIC less than 90 percent of the total number 
                        of serious misdemeanor and felony warrants that 
                        it has issued, as determined by the State and 
                        consistent with the method determined by the 
                        Attorney General in subsection (d).
                    (D) Minimum requirement.--A unit of local 
                government may not be eligible to receive a portion of 
                a grant received by the State under this section 
                unless, during the 1 year period covered by the grant, 
                the unit of local government has already extradited a 
                number of persons from other States for prosecution 
                that is equal to or greater than the average of the 
                number of persons extradited during the 3 year period 
                immediately preceding the date of enactment of this 
                Act.
                    (E) Oversight.--As a condition of receiving a grant 
                under this section, a State shall--
                            (i) specify the project or projects for 
                        which grant amounts will be used;
                            (ii) use such amounts only as specified; 
                        and
                            (iii) maintain and report such data, 
                        records and information (programmatic and 
                        financial) as the Attorney General may require.
                    (F) Audit.--The Attorney General or the Inspector 
                General of the Department of Justice may conduct an 
                audit of a State or unit of local government to ensure 
                compliance with the provisions of this subsection 
                concerning the conditions for receiving grant money and 
                subsection (b)(1) concerning the use of the Attorney 
                General's methodology to estimate the number of 
                warrants. A State or unit of local government that 
                violates this subsection shall be liable to the 
                Attorney General for the full amount of the grant 
                received under this section or any portion of the grant 
                found to be appropriate given the findings of the audit 
                or the nature of the violation.
            (4) 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) State Estimates.--
            (1) In general.--To assist the Attorney General in making a 
        determination under subsection (a) concerning eligibility to 
        receive a grant and section 202(d)(2) concerning the allocation 
        of grants, 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 shall provide 
        the Attorney General with a reasonable estimate, as calculated 
        by a method determined by the Attorney General, of the total 
        number of active felony and serious misdemeanor warrants issued 
        by the State and by local jurisdictions within the State, 
        regardless of the age of the warrants.
            (2) Failure to provide.--A State that fails to provide an 
        estimate 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 estimate to 
        the Attorney General.
    (c) Transmittal of Warrants to the NCIC.--
            (1) Availability.--Each State shall make electronically 
        available to the NCIC all serious misdemeanor and felony 
        warrants issued by the State and by local jurisdictions within 
        the State.
            (2) State update.--Each State, on being made aware that an 
        active serious misdemeanor or felony warrant has been cleared, 
        shall, as soon as practicable, provide an update to the NCIC 
        consistent with the NCIC's rules and policies.
            (3) NCIC update.--Upon receiving an update under paragraph 
        (2), the NCIC shall ensure that the records in the NCIC 
        database are updated within 15 days of receipt.
    (d) Determination of Transmittal Performance.--The Attorney 
General, for the purposes set forth in this section and section 202, 
shall determine the percentage of the total number of serious 
misdemeanor and felony warrants provided by a State to the NCIC and the 
method to be used by the States for determining the percentage of the 
total number of such warrants provided by a unit of local government to 
the NCIC.
    (e) 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 estimates submitted by the 
                States under subsection (b);
                    (B) describing the progress of States in making 
                warrants electronically available to the NCIC pursuant 
                to the requirements of subsection (c); and
                    (C) describing the practices of the States 
                regarding the collection, maintenance, automation, and 
                transmittal of serious misdemeanor and 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)(C), to 
        each State submitting information to the NCIC.

SEC. 202. IMPLEMENTATION ASSISTANCE TO STATES.

    (a) Authorization of Grant Assistance.--
            (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 the States 
        to establish or upgrade information and identification 
        technologies for serious misdemeanor and felony warrants, 
        including technologies used by local governments and State and 
        local courts.
            (2) Set aside.--Up to 5 percent of the grant funding 
        available under this section may be reserved for Indian tribal 
        governments, including tribal judicial systems.
    (b) Use of Grant Amounts.--Grants awarded to States or Indian 
tribes under this section may only be used to--
            (1) carry out, as necessary, assessments of the 
        capabilities of the courts and law enforcement agencies of a 
        State to automate and transmit serious misdemeanor and felony 
        warrants to the NCIC;
            (2) implement policies, systems, and procedures for the 
        automation and transmission of serious misdemeanor and felony 
        warrants to the NCIC;
            (3) create electronic systems which provide accurate and 
        up-to-date information on serious misdemeanor and felony 
        warrants to the NCIC;
            (4) supply accurate and timely information to the NCIC 
        concerning serious misdemeanor and felony warrants; and
            (5) collect and analyze data needed to demonstrate levels 
        of State compliance with this Act.
    (c) Condition.--
            (1) In general.--As a condition of receiving a grant under 
        this section, a State shall specify the projects for which 
        grant amounts will be used, and shall use such amounts only as 
        specified.
            (2) Violation.--A State that violates this subsection shall 
        be liable to the Attorney General for the full amount of the 
        grant received under this section.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $10,000,000 for each of fiscal years 
        2009 through 2013.
            (2) Allocations.--
                    (A) In general.--For fiscal years 2009 and 2010, 
                the Attorney General shall endeavor to allocate at 
                least 50 percent of the authorized appropriations to 
                those States providing to the NCIC more than 50 percent 
                of their total serious misdemeanor and felony warrants, 
                as determined for each State by the Attorney General 
                under section 201(d). For fiscal years 2011, 2012, and 
                2013, the Attorney General shall endeavor to allocate 
                at least 50 percent of the authorized appropriations to 
                those States providing to the NCIC more than 70 percent 
                of their total serious misdemeanor and felony warrants, 
                as determined for each State by the Attorney General 
                under section 201(d).
                    (B) Adjustments.--The allocations in this paragraph 
                shall be subject to the discretion of the Attorney 
                General, who shall have the authority to make 
                adjustments to the distribution of the authorized 
                appropriations as necessary to maximize incentives for 
                State compliance with section 201(c).
                                 <all>