[Congressional Record Volume 154, Number 99 (Monday, June 16, 2008)]
[Senate]
[Pages S5658-S5659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN:
  S. 3136. A bill to encourage the entry of felony warrants into the 
NCIC database by States and provide additional resources for 
extradition; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce the Fugitive 
Information Networked Database Act of 2008, or the FIND Act. This bill 
provides resources to law enforcement to ensure the entry of felony 
warrants into the national FBI database and to assist in tracking down 
and extraditing fugitives. It helps ensure that fugitives who flee 
their States will be located, apprehended, and brought to justice. It 
protects our communities by taking dangerous criminals off the streets.
  According to a recent series of articles in the St. Louis Post-
Dispatch, anywhere from 1.9 million to 2.7 million felony fugitives are 
on the run from law enforcement. When State and local law enforcement 
issue a warrant for a fugitive's arrest, they are expected to enter it 
into the FBI's National Crime Information Center database as well as 
into their own State and local databases. The national database is 
accessible to all State and local law enforcement agencies, which use 
the national database to track fugitives around the country.
  The national database is only as good as the information that States 
enter into it, however. Too often, State and local law enforcement 
agencies enter warrants into the State and local databases, but not 
into the national database. It is estimated that more than a third of 
all felony warrants have not been entered into the national database. 
That means anywhere from 800,000 to 1.6 million wanted felons can 
escape justice and remain at large in our communities simply by 
crossing State lines.
  Unless a warrant is entered into the national database, a sheriff or 
police officer who stops a fugitive has no way of knowing that he is 
wanted in another jurisdiction--sometimes for a violent crime. Many 
fugitives go on to commit additional crimes in other States. Some know 
that if they can flee across State lines, there's a good chance they 
can--in some cases--get away with murder. This is inexcusable.
  I have heard a range of reasons why State and local law enforcement 
have not been entering felony warrants into the national database. 
Some reasons are valid. For instance, if law enforcement is using a 
person suspected of a felony as an informant, it's understandable that 
they would not want to enter the informant's name into the database.

  Many jurisdictions don't enter warrants into the national database, 
however, simply because they don't have the time and resources to 
update and validate warrant entries, which is a resource- and time-
intensive process.
  Fortunately, the burden of warrant entry and validation can be 
alleviated. By developing new databases, or by upgrading existing ones, 
to ensure compatibility and interoperability with the national 
database, State and local law enforcement can facilitate information 
sharing and seamless warrant entry into databases at all levels of 
government. With additional resources to hire personnel for the 
validation process, State and local law enforcement can enter felony 
warrants into the national database without worrying about not having 
the resources to validate them.
  The FIND Act addresses the problem of warrant backlogs by providing 
State and local law enforcement with the resources necessary to develop 
and upgrade their systems, and hire additional personnel to perform the 
validation process. Specifically, it authorizes $25 million for fiscal 
years 2009 and 2010 for grants to States to develop new systems or 
upgrade existing systems so that they are interoperable with the NCIC 
database.
  Another reason law enforcement doesn't enter felony warrants into the 
national database is concern that the State will not have the resources 
to extradite the fugitive if he is found outside the State's borders. 
Helping State and local agencies enter their felony warrants into the 
national database is therefore only half the battle. We also need to 
ensure that when a dangerous fugitive is caught, the jurisdiction in 
which he is wanted can work with the U.S. Marshals Service to extradite 
him to face justice.
  While I was drafting this bill, I spoke to one sheriff who 
apprehended an individual wanted for rape in another State. The sheriff 
notified that State that he had their criminal in custody, but when the 
State said they didn't have the resources to extradite him, the sheriff 
had no choice but to free the rapist into his community.

[[Page S5659]]

  When we in Congress do not provide law enforcement with the basic 
resources they need to extradite dangerous criminals like this, we fail 
in our most basic duty to those we represent--the duty to protect them 
from violent crime.
  The U.S. Marshals Service is on the front lines of fugitive 
apprehension and extradition. We authorized funds several years ago for 
the development of Regional Fugitive Task Forces that combine the 
resources and expertise of State and local law enforcement and the U.S. 
Marshals Service. These task forces have been very successful and could 
do much more to track down and extradite fugitives if they had the 
proper resources.
  My bill authorizes an additional $20 million in fiscal year 2009 to 
fund existing and develop new regional task forces, and it provides $10 
million for fiscal years 2010 through 2014. It also authorizes $3 
million for each of fiscal years 2009 through 2014 to assist in the 
extradition of fugitives through the Justice Prisoner and Alien 
Transport System.
  The FIND Act provides essential resources to locate, capture, and 
bring to justice dangerous fugitives. It takes commonsense steps to 
protect our communities from rapists, murderers, and other violent 
criminals who have fled across State lines. I urge my colleagues to 
support it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3136

       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''.

     SEC. 2. 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.

     SEC. 3. 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.

     SEC. 4. 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.

     SEC. 5. 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.
       (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 3.
       (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.

     SEC. 6. 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.
                                 ______