II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fugitive Information 

5 Networked Database Act of 2008’’ or the ‘‘FIND Act’’. 


rfrederick on PROD1PC67 with BILLS
2 

•S 3136 RS

1 SEC. 2. DEFINITION. 

2 In this Act, the term ‘‘National Crime Information 

3 Center database’’ is the computerized index of criminal 

4 justice information operated by the Federal Bureau of In5 vestigation pursuant to section 534 of title 28, United 

6 States Code, and available to Federal, State, and local law 

7 enforcement and other criminal justice agencies. 

8 SEC. 2. FINDINGS. 

9 Congress finds the following: 

10 (1) Nationwide, there are an estimated 2,800,000 

11 to 3,200,000 active Federal, State, and local warrants 

12 for the arrest of persons charged with felony crimes. 

13 (2) State and local law enforcement authorities 

14 have insufficient resources to devote to searching for 

15 and apprehending fugitives. As a result, large num16 bers of fugitives evade arrest. State and local law en17 forcement authorities also lack resources for extra18 diting fugitives who have been arrested in other 

19 States. As a result, such fugitives frequently are re20 leased without prosecution. 

21 (3) Increasing the resources available for con22 ducting fugitive investigations and transporting fugi23 tives between States would increase the number of fu24 gitives who are arrested and prosecuted. 

25 (4) The United States Marshals Service (referred 

26 to in this Act as the ‘‘USMS’’) plays an integral role 


rfrederick on PROD1PC67 with BILLS
3 

•S 3136 RS

1 in the apprehension of fugitives in the United States, 

2 and has a long history of providing assistance and 

3 expertise to Federal, State, and local law enforcement 

4 agencies in support of fugitive investigations. 

5 (5)(A) Pursuant to the Presidential Threat Pro6 tection Act of 2000, the USMS created the Regional 

7 Fugitive Task Force (referred to in this Act as the 

8 ‘‘RFTF’’) program. Through the RFTFs, the USMS 

9 combines the efforts and resources of Federal, State, 

10 and local law enforcement authorities for the purpose 

11 of locating and apprehending fugitives. 

12 (B) Between 2002 and 2006, the USMS estab13 lished 6 RFTFs— 

14 (i) the New York/New Jersey RFTF, based 

15 in New York, NY; 

16 (ii) the Pacific Southwest RFTF, based in 

17 Los Angeles, CA; 

18 (iii) the Great Lakes RFTF, based in Chi19 cago, IL; 

20 (iv) the Southeast RFTF, based in Atlanta, 

21 GA; 

22 (v) the Capital Area RFTF, based in Wash23 ington, DC; and 

24 (vi) the Gulf Coast RFTF, based in Bir25 mingham, AL. 


rfrederick on PROD1PC67 with BILLS
4 

•S 3136 RS

1 (6) More than 230 Federal, State, and local law 

2 enforcement agencies have partnered with the 6 

3 RFTFs, creating a ‘‘force multiplier’’ that signifi4 cantly expands the capacity of each agency to locate 

5 and apprehend fugitives. Since their inception, these 

6 6 RFTFs have arrested approximately 90,000 Federal 

7 and State felony fugitives. However, the USMS has 

8 not received significant resources for developing addi9 tional RFTFs since 2006. 

10 (7)(A) The USMS believes that the following geo11 graphic areas of the United States would benefit from 

12 the creation of an RFTF: 

13 (i) The Carolinas. 

14 (ii) The Caribbean. 

15 (iii) Texas. 

16 (iv) New England (Massachusetts, Maine, 

17 New Hampshire, Vermont, Rhode Island). 

18 (v) Florida. 

19 (vi) Northern California. 

20 (vii) The Heartland (Missouri, Iowa). 

21 (viii) Michigan and Ohio. 

22 (ix) Pacific Northwest (Oregon, Washington, 

23 Alaska, Idaho). 


rfrederick on PROD1PC67 with BILLS
5 

•S 3136 RS

1 (x) Mountain (Colorado, Utah, Wyoming, 

2 Kansas, Montana, Nebraska, North Dakota, 

3 South Dakota). 

4 (xi) Mid-Atlantic (Pennsylvania, Delaware, 

5 West Virginia). 

6 (xii) Southwest (New Mexico, Arizona, 

7 Oklahoma). 

8 (B) The establishment of RFTFs in each of these 

9 additional regions would enable the USMS to provide 

10 effective fugitive location and apprehension assistance 

11 to every State and territory in the United States. 

12 (8) The USMS utilizes the Justice Prisoner and 

13 Alien Transportation Service (referred to in this Act 

14 as the ‘‘JPATS’’) to transport Federal detainees and 

15 prisoners. It also makes JPATS available to a very 

16 limited number of State and local law enforcement 

17 agencies on a reimbursable, space-available basis for 

18 the purpose of transporting a fugitive from the place 

19 where the fugitive was arrested to the jurisdiction that 

20 issued the warrant for the fugitive’s arrest. Through 

21 JPATS, these agencies are able to reduce the cost of 

22 extradition significantly. 

23 (9) Expanding JPATS so that the USMS can 

24 make it available to all State and local law enforce25 ment agencies that participate in an RFTF would 


rfrederick on PROD1PC67 with BILLS
6 

•S 3136 RS

1 lower the cost of transporting fugitives for extradition 

2 and lead to the prosecution of a greater number of fu3 gitives. 

4 (10) Since 1967, the Federal Bureau of Inves5 tigation has operated the National Crime Information 

6 Center (referred to in this Act as the ‘‘NCIC’’), which 

7 administers a nationwide database containing crimi8 nal history information from the Federal Government 

9 and the States, including outstanding arrest war10 rants. The NCIC database allows a law enforcement 

11 officer who stops a person in 1 State to obtain infor12 mation about a warrant for that person issued in an13 other State. It contains approximately 1,300,000 fel14 ony and misdemeanor warrants. It is missing over 

15 half of the country’s 2,800,000 to 3,200,000 felony 

16 warrants, including warrants for hundreds of thou17 sands of violent crimes. 

18 (11) A State’s failure to enter a warrant into the 

19 NCIC database enables a fugitive to escape arrest even 

20 when the fugitive is stopped by a law enforcement of21 ficer in another State, because such officer is not 

22 aware there is a warrant for the fugitive’s arrest. 

23 Many such fugitives go on to commit additional 

24 crimes. In addition, they pose a danger to officers 

25 who encounter them without knowledge of their pendVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S3136.RS S3136

rfrederick on PROD1PC67 with BILLS
7 

•S 3136 RS

1 ing charges or record of fleeing law enforcement au2 thorities. 

3 (12) All warrants entered into the NCIC data4 base must be validated on a regular basis to ensure 

5 that the information in the warrant is still accurate 

6 and that the warrant is still active. 

7 (13) Improving the entry and validation of war8 rants in the NCIC database would enable law enforce9 ment officers to identify and arrest a larger number 

10 of fugitives, improve the safety of these officers, and 

11 better protect communities from crime. 

12 (14) Federal funds for State and local law en13 forcement are most effective when they do not sup14 plant, but rather supplement State and local funds. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) ACTIVE WARRANT.—The term ‘‘active war18 rant’’ means a warrant that has not been cleared. A 

19 warrant may be cleared by arrest or by the deter20 mination of a law enforcement agency that a warrant 

21 has already by executed or that the subject is de22 ceased. 

23 (2) FELONY WARRANT.—The term ‘‘felony war24 rant’’ means any warrant for a crime that is punish25 able by a term of imprisonment exceeding 1 year. 


rfrederick on PROD1PC67 with BILLS
8 

•S 3136 RS

1 (3) STATE.—The term ‘‘State’’ means any State 

2 of the United States, the District of Columbia, the 

3 Commonwealth of Puerto Rico, the Virgin Islands, 

4 American Samoa, Guam, and the Northern Mariana 

5 Islands and includes law enforcement agencies, courts, 

6 and any other government agencies involved in the 

7 issuance of warrants. 

8 (4) UNIT OF LOCAL GOVERNMENT.—The term 

9 ‘‘unit of local government’’— 

10 (A) means— 

11 (i) any city, county, township, bor12 ough, parish, village, or other general pur13 pose political subdivision of a State; or 

14 (ii) any law enforcement district or ju15 dicial enforcement district that is estab16 lished under applicable State law and has 

17 the authority to, in a manner independent 

18 of other State entities, establish a budget 

19 and impose taxes; and 

20 (B) includes law enforcement agencies, 

21 courts, and any other government agencies in22 volved in the issuance of warrants. 

23 (5) INDIAN COUNTRY.—The term ‘‘Indian coun24 try’’ has the meaning given the term in section 1151 

25 of title 18, United States Code. 


rfrederick on PROD1PC67 with BILLS
9 

•S 3136 RS

1 (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

2 the meaning given the term in section 102 of the Fed3 erally Recognized Indian Tribe List Act of 1994 (25 

4 U.S.C. 479a) and includes tribal law enforcement 

5 agencies, tribal courts, and any other tribal agencies 

6 involved in the issuance of warrants. 

7 SEC. 34. GRANTS TO ENCOURAGE STATES TO ENTER FEL8 ONY WARRANTS. 

9 (a) STATE SYSTEM.—A State Attorney General may, 

10 in consultation with local law enforcement and any other 

11 relevant government agencies, apply for a grant from the 

12 United States Attorney General to— 

13 (1) develop and implement secure, electronic 

14 warrant management systems that permit the 

15 prompt preparation, submission, and validation of 

16 warrants and are compatible and interoperable with 

17 the National Crime Information Center database; or 

18 (2) upgrade existing electronic warrant manage19 ment systems to ensure compatibility and interoper20 ability with the National Crime Information Center 

21 database; 

22 to facilitate information sharing and to ensure that felony 

23 warrants entered into State and local warrant databases 

24 can be automatically entered into the National Crime In25 formation Center database. The grant funds may also be 


rfrederick on PROD1PC67 with BILLS
10 

•S 3136 RS

1 used to hire additional personnel, as needed, for the vali2 dation of warrants entered into the National Crime Infor3 mation Center database. 

4 (b) ELIGIBILITY.—In order to be eligible for a grant 

5 authorized under subsection (a), a State shall submit to 

6 the United States Attorney General— 

7 (1) a plan to develop and implement, or up8 grade, systems described in subsection (a); 

9 (2) a report that— 

10 (A) details the number of felony warrants 

11 outstanding in the State; 

12 (B) describes any backlog of warrants that 

13 have not been entered into the State and local 

14 warrant databases or into the National Crime 

15 Information Center database, over the pre16 ceding 3 years (including the number of such 

17 felony warrants); 

18 (C) explains the reasons for the failure of 

19 State and local government agencies to enter 

20 felony warrants into the National Crime Infor21 mation Center database; and 

22 (D) demonstrates that State and local gov23 ernment agencies have made good faith efforts 

24 to eliminate any such backlog; and 


rfrederick on PROD1PC67 with BILLS
11 

•S 3136 RS

1 (3) guidelines for warrant entry by State and 

2 local government agencies that will ensure that fel3 ony warrants entered into State and local warrant 

4 databases will also be entered into the National 

5 Crime Information Center database and explain the 

6 circumstances in which, as a matter of policy, cer7 tain felony warrants will not be entered into the Na8 tional Crime Information Center database. 

9 (c) AUTHORIZATION.—There are authorized to be ap10 propriated to the Attorney General $25,000,000 for each 

11 of the fiscal years 2009 and 2010 for grants to State and 

12 local government agencies for resources to carry out the 

13 requirements of this section. 

14 (a) AUTHORIZATION OF GRANTS.— 

15 (1) IN GENERAL.—The Attorney General shall 

16 make grants to States in a manner consistent with 

17 the National Criminal History Improvement Pro18 gram, which shall be used by States or Indian tribes, 

19 in consultation with State, local, and tribal govern20 ment agencies, to— 

21 (A)(i) develop and implement secure, elec22 tronic warrant management systems that permit 

23 the prompt preparation, submission, and valida24 tion of warrants and are compatible and inter25 operable with the National Crime Information 


rfrederick on PROD1PC67 with BILLS
12 

•S 3136 RS

1 Center database to facilitate information sharing 

2 and to ensure that felony warrants entered into 

3 State and local warrant databases by State and 

4 local government agencies can be automatically 

5 entered into the National Crime Information 

6 Center database; or 

7 (ii) upgrade existing electronic warrant 

8 management systems to ensure compatibility and 

9 interoperability with the National Crime Infor10 mation Center database to facilitate information 

11 sharing and to ensure that felony warrants en12 tered into State and local warrant databases by 

13 State and local government agencies can be auto14 matically entered into the National Crime Infor15 mation Center database; and 

16 (B) ensure that all State, local, and tribal 

17 government agencies that need access to the Na18 tional Crime Information Center database for 

19 criminal justice purposes can access the data20 base. 

21 Up to 5 percent of the grant funds awarded under 

22 this section to each State and Indian tribe may also 

23 be used to hire additional personnel, as needed, to 

24 validate warrants entered into the National Crime 

25 Information Center database. 


rfrederick on PROD1PC67 with BILLS
13 

•S 3136 RS

1 (2) SET-ASIDE.—Up to 2 percent of the grant 

2 funding available under this section shall be reserved 

3 for Indian tribal governments. 

4 (b) ELIGIBILITY.—In order to be eligible for a grant 

5 authorized under subsection (a), a State or Indian tribe 

6 shall submit to the Attorney General— 

7 (1) a plan to develop and implement, or up8 grade, systems described in subsection (a)(1); 

9 (2) a report that— 

10 (A) details the number of active felony war11 rants issued by the State, including felony war12 rants issued by units of local government within 

13 the State or Indian tribe; 

14 (B) describes the number and type of active 

15 felony warrants that have not been entered into 

16 a State, local, or tribal warrant database or into 

17 the National Crime Information Center data18 base; 

19 (C) explains the reasons State, local, and 

20 tribal government agencies have not entered ac21 tive felony warrants into the National Crime In22 formation Center database; and 

23 (D) demonstrates that State, local, and trib24 al government agencies have made good faith ef25 forts to eliminate any such backlog; and 


rfrederick on PROD1PC67 with BILLS
14 

•S 3136 RS

1 (3) guidelines for warrant entry by the State, in2 cluding units of local government, or Indian tribe 

3 that will ensure felony warrants issued by the State, 

4 including units of local government within the State, 

5 or Indian tribe will be entered into the National 

6 Crime Information Center database, and a descrip7 tion of the circumstances, if any, in which, as a mat8 ter of policy, certain such warrants will not be en9 tered into the National Crime Information Center 

10 database. 

11 (c) REPORT TO THE ATTORNEY GENERAL.—A State 

12 or Indian tribe that receives a grant under this section 

13 shall, 1 year after receiving the grant, report to the Attorney 

14 General— 

15 (1) the number of active felony warrants issued 

16 by that State, including units of local government 

17 within that State or Indian tribe; 

18 (2) the number of those felony warrants entered 

19 into the National Crime Information Center database; 

20 and 

21 (3) with respect to felony warrants not entered 

22 into the National Crime Information Center database, 

23 the reasons for not entering such warrants. 

24 (d) AUTHORIZATION.—There are authorized to be ap25 propriated to the Attorney General $15,000,000 for each of 


rfrederick on PROD1PC67 with BILLS
15 

•S 3136 RS

1 the fiscal years 2009 and 2010 and $20,000,000 for fiscal 

2 year 2011 for grants to State and local government agencies 

3 for resources to carry out the requirements of this section. 

4 SEC. 45. FBI COORDINATION. 

5 The Federal Bureau of Investigation shall provide to 

6 State and local government agencies the technological 

7 standard that ensures compatibility and interoperability of 

8 all State and local warrant databases with the National 

9 Crime Information Center database., local, and tribal gov10 ernment agencies the technological standard to ensure the 

11 compatibility and interoperability of all State and local 

12 warrant databases with the National Crime Information 

13 Center database, as well as other technical assistance to fa14 cilitate the implementation of automated State, local, and 

15 tribal warrant management systems that are compatible 

16 and interoperable with the NCIC database. 

17 SEC. 56. REPORT REGARDING FELONY WARRANT ENTRY. 

18 (a) IN GENERAL.—Not later than 270 days after the 

19 date of the enactment of this Act, the Comptroller General 

20 of the United States shall submit to the House and Senate 

21 Committees on the Judiciary a report regarding— 

22 (1) the number of felony warrants currently ac23 tive in each State; 

24 (2) the number of those felony warrants that 

25 State and local government agencies have entered 


rfrederick on PROD1PC67 with BILLS
16 

•S 3136 RS

1 into the National Crime Information Center data2 base; 

3 (3) the number of times State and local law en4 forcement in each State has been contacted regard5 ing a fugitive apprehended in another State over the 

6 preceding 3 years; and 

7 (4) the number of fugitives from each State 

8 who were apprehended in other States over the pre9 ceding 3 years but not extradited. 

10 (a) IN GENERAL.—Not later than 270 days after the 

11 date of the enactment of this Act, the Comptroller General 

12 of the United States shall submit to the House and Senate 

13 Committees on the Judiciary a report regarding— 

14 (1) the number of active felony warrants issued 

15 by each State, including felony warrants issued by 

16 units of local government, and Indian tribe; 

17 (2) the number of those active felony warrants 

18 that State, local, and tribal government agencies have 

19 entered into the National Crime Information Center 

20 database; and 

21 (3) for the preceding 3 years, the number of per22 sons in each State with an active felony warrant who 

23 were— 

24 (A) apprehended in other States or in In25 dian Country but not extradited; and 


rfrederick on PROD1PC67 with BILLS
17 

•S 3136 RS

1 (B) apprehended in other States or in In2 dian Country and extradited. 

3 (b) ASSISTANCE.—To assist in the preparation of the 

4 report required by subsection (a), the Attorney General 

5 shall provide the Comptroller General of the United States 

6 with access to any information collected and reviewed in 

7 connection with the grant application process described in 

8 section 3section 4. 

9 (c) REPORT TO THE ATTORNEY GENERAL.—States 

10 that receive grants under section 3 shall, as a condition 

11 of receiving the grant, report to the Attorney General on 

12 an annual basis the number of felony warrants entered 

13 into the State and local warrant databases, the number 

14 of felony warrants entered into the National Crime Infor15 mation Center database, and, with respect to felony war16 rants not entered into the National Crime Information 

17 Center database, the reasons for not entering such war18 rants. On an annual basis, the Attorney General shall sub19 mit to the House and Senate Committees on the Judiciary 

20 a report containing the information received from the 

21 States under this subsection. 

22 (c) REPORT BY ATTORNEY GENERAL.—On an annual 

23 basis, the Attorney General shall submit to the House and 

24 Senate Committees on the Judiciary a report containing 


rfrederick on PROD1PC67 with BILLS
18 

•S 3136 RS

1 the information received from the States and Indian tribes 

2 under this section. 

3 SEC. 67. ADDITIONAL RESOURCES FOR FUGITIVE TASK 

4 FORCES AND EXTRADITION. 

5 (a) PRESIDENTIAL THREAT PROTECTION ACT OF

6 2000.—Section 6(b) of the Presidential Threat Protection 

7 Act of 2000 (28 U.S.C. 566 note) is amended by adding 

8 at the end the following: ‘‘There are authorized to be ap9 propriated to the Attorney General for the United States 

10 Marshals Service to carry out the provisions of this section 

11 $20,000,000 for fiscal year 2009 and $10,000,000 for 

12 each of the fiscal years 2010 through 2014.’’ 

13 (b) JUSTICE PRISONER AND ALIEN TRANSPORT SYS14 TEM.—There are authorized to be appropriated to the At15 torney General for the United States Marshals Service 

16 $3,000,000 for each of fiscal years 2009 through 2014 

17 to assist in extradition of fugitives through the Justice 

18 Prisoner and Alien Transport System. 

19 SEC. 7. ADDITIONAL RESOURCES FOR FUGITIVE TASK 

20 FORCES AND EXTRADITION. 

21 (a) PRESIDENTIAL THREAT PROTECTION ACT OF

22 2000.—Section 6(b) of the Presidential Threat Protection 

23 Act of 2000 (28 U.S.C. 566 note) is amended by striking 

24 ‘‘and $10,000,000 for each of fiscal years 2008 through 

25 2012’’ and inserting ‘‘$10,000,000 for fiscal year 2008, and 


rfrederick on PROD1PC67 with BILLS
19 

•S 3136 RS

1 $50,000,000 for each of the fiscal years 2009 through 2012 

2 and $25,000,000 for each of fiscal years 2013 through 2015 

3 for— 

4 ‘‘(1) hiring senior-level criminal investigator 

5 deputy marshals and administrative analysts to in6 crease staffing of the 6 existing Regional Fugitive 

7 Task Forces; 

8 ‘‘(2) establishing new Regional Fugitive Task 

9 Forces in the areas of the country not currently served 

10 by existing Regional Fugitive Task Forces; 

11 ‘‘(3) hiring senior-level criminal investigator 

12 deputy marshals and administrative analysts to staff 

13 each new Regional Fugitive Task Force established 

14 under this section; 

15 ‘‘(4) hiring senior-level criminal investigator 

16 deputy marshals to increase the staffing of the United 

17 States Marshals Service Technical Operations Group, 

18 which provides electronic and air surveillance in sup19 port of fugitive investigations; 

20 ‘‘(5) providing training facilities and enhancing 

21 training opportunities for Federal, State, local, and 

22 tribal task force officers from agencies that partici23 pate in the Regional Fugitive Task Forces; and 

24 ‘‘(6) other activities related to those described in 

25 paragraphs (1) through (5). 


rfrederick on PROD1PC67 with BILLS
20 

•S 3136 RS

1 Any funds made available under this subsection shall re2 main available until expended.’’. 

3 (b) JUSTICE PRISONER AND ALIEN TRANSPORT SYS4 TEM.— 

5 (1) AUTHORIZATION.—The Attorney General 

6 shall assist States and units of local government that 

7 participate in a Regional Fugitive Task Force by se8 curing transportation services for the extradition of 

9 fugitives via the United States Marshals Service Jus10 tice Prisoner and Alien Transportation Service. 

11 (2) FUNDING.—There are authorized to be ap12 propriated to the Attorney General for the United 

13 States Marshals Service $3,000,000 for each of fiscal 

14 years 2009 through 2014 to assist in extradition of 

15 fugitives through the Justice Prisoner and Alien 

16 Transport System. Any funds made available under 

17 this subsection shall remain available until expended. 

18 SEC. 8. EXTRADITION ASSISTANCE TO STATES. 

19 (a) GRANT ASSISTANCE.— 

20 (1) AUTHORIZATION OF GRANT ASSISTANCE.— 

21 (A) IN GENERAL.—The Attorney General 

22 shall, subject to subsection (a)(4), make grants to 

23 States and Indian tribes for periods of 1 year 

24 which shall be used by States and units of local 

25 government and Indian tribes to extradite fugiVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\S3136.RS S3136

rfrederick on PROD1PC67 with BILLS
21 

•S 3136 RS

1 tives from another State or Indian country for 

2 prosecution. 

3 (B) SET ASIDE.—Up to 2 percent of the 

4 grant funding available under this section shall 

5 be reserved for Indian tribal governments, in6 cluding tribal judicial systems. 

7 (2) MATCHING FUNDS.—The Federal share of a 

8 grant received under this section may not exceed 80 

9 percent of the costs of a program or proposal funded 

10 under this section unless the Attorney General waives, 

11 wholly or in part, the requirements of this paragraph 

12 in the event of extraordinary circumstances. 

13 (3) GRANT APPLICATIONS.—In its application 

14 for a grant under this section, a State or Indian tribe 

15 shall— 

16 (A) describe the process and any impedi17 ments to extraditing fugitives apprehended in 

18 other States or in Indian Country after being 

19 notified of such fugitives’ apprehension; 

20 (B) specify the way in which grant 

21 amounts will be used, including the means of 

22 transportation the State or Indian tribe intends 

23 to use for extradition and whether the State or 

24 Indian tribe will participate in the United 

25 States Marshals Service Justice Prisoner and 


rfrederick on PROD1PC67 with BILLS
22 

•S 3136 RS

1 Alien Transport System program, as well as 

2 whether it has participated in that program in 

3 the past; 

4 (C) specify the number of fugitives extra5 dited statewide by all jurisdictions for each of 

6 the 3 years preceding the date of the grant appli7 cation; and 

8 (D) specify the total amount spent statewide 

9 by all jurisdictions on fugitive extraditions for 

10 each of the 3 years preceding the date of the 

11 grant application. 

12 (4) ELIGIBILITY.— 

13 (A) IN GENERAL.—In determining whether 

14 to award a grant under this section to a State 

15 or Indian tribe, the Attorney General shall con16 sider the following: 

17 (i) The information in the application 

18 submitted under paragraph (3). 

19 (ii) The percentage of felony warrants 

20 issued by the State, including units of local 

21 government within the State, or Indian 

22 tribe that the State or Indian tribe entered 

23 into the NCIC database, as calculated with 

24 the information provided under subsection 

25 (b) and, beginning 1 year after the date of 


rfrederick on PROD1PC67 with BILLS
23 

•S 3136 RS

1 enactment of this Act, whether the State or 

2 Indian tribe has made substantial progress 

3 in improving the entry of felony warrants 

4 into the NCIC database. 

5 (iii) For grants issued after an initial 

6 1 year grant, whether the State, including 

7 units of local government within the State, 

8 or Indian tribe has increased substantially 

9 the number of fugitives extradited for pros10 ecution. 

11 (B) PREFERENCES.—In allocating extra12 dition grants under this section, the Attorney 

13 General should give preference to States that— 

14 (i) 3 years after the date of enactment 

15 of this Act, have entered at least 50 percent 

16 of active felony warrants into the NCIC 

17 database; 

18 (ii) 5 years after the date of enactment 

19 of this Act, have entered at least 70 percent 

20 of active felony warrants into the NCIC 

21 database; and 

22 (iii) 7 years after the date of enact23 ment of this Act, have entered at least 90 

24 percent of active felony warrants into the 

25 NCIC database. 


rfrederick on PROD1PC67 with BILLS
24 

•S 3136 RS

1 (5) RECORD KEEPING.—States, including units 

2 of local government in the States, and Indian tribes 

3 that receive a grant under this section shall maintain 

4 and report such data, records, and information (pro5 grammatic and financial) as the Attorney General 

6 may require. 

7 (6) AUDIT.—The Attorney General shall conduct 

8 an audit of States’ and Indian tribe’s use of funds al9 located under this section 18 months after the enact10 ment of this Act and biennially thereafter. A State or 

11 unit of local government or Indian tribe that fails to 

12 increase substantially the number of fugitives extra13 dited after receiving a grant under this section will 

14 be ineligible for future funds. 

15 (7) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to carry out 

17 this section $50,000,000 for each of fiscal years 2009 

18 through 2015. 

19 (b) ACTIVE FELONY WARRANTS ISSUED BY STATES

20 AND INDIAN TRIBES.— 

21 (1) IN GENERAL.—To assist the Attorney Gen22 eral in making a determination under subsection 

23 (a)(4) concerning eligibility to receive a grant, and 

24 not later than 180 days after the date of the enact25 ment of this Act and annually thereafter on a date 


rfrederick on PROD1PC67 with BILLS
25 

•S 3136 RS

1 designated by the Attorney General, each State and 

2 Indian tribe shall provide the Attorney General with 

3 the total number of active felony warrants issued by 

4 the State, including units of local government in the 

5 State, or Indian tribe, regardless of the age of the 

6 warrants. The States and Indian tribes must describe 

7 categories of felony warrants not entered into the 

8 NCIC database and the reasons for not entering such 

9 warrants. 

10 (2) FAILURE TO PROVIDE.—A State or Indian 

11 tribe that fails to provide the information described in 

12 paragraph (1) by the date required under such para13 graph shall be ineligible to receive any funds under 

14 subsection (a), until such date as it provides such in15 formation to the Attorney General. 

16 (c) ATTORNEY GENERAL REPORT.— 

17 (1) IN GENERAL.—Not later than January 31 of 

18 each year, the Attorney General shall submit to the 

19 Committee on the Judiciary of the Senate and the 

20 Committee on the Judiciary of the House of Rep21 resentatives a report— 

22 (A) containing the information submitted 

23 by the States and Indian tribes under subsection 

24 (b); 


rfrederick on PROD1PC67 with BILLS
26 

•S 3136 RS

1 (B) containing the percentage of active fel2 ony warrants issued by those States and Indian 

3 tribes that has been entered into the NCIC data4 base, as determined under subsection 

5 (a)(4)(A)(ii); 

6 (C) containing a description of the cat7 egories of felony warrants States and Indian 

8 tribes have not entered into the NCIC database 

9 and the reasons such warrants were not entered, 

10 as provided to the Attorney General under sub11 section (b)(1); 

12 (D) comparing the warrant entry informa13 tion to data from previous years and describing 

14 the progress of States and Indian tribes in enter15 ing active felony warrants into the NCIC data16 base; 

17 (E) containing the number of persons that 

18 each State, including units of local government 

19 within the State, or Indian tribe has extradited 

20 from other States or in Indian country for pros21 ecution and describing any progress the State or 

22 Indian tribe has made in improving the number 

23 of fugitives extradited for prosecution; and 

24 (F) describing the practices of the States 

25 and Indian tribes regarding the collection, mainVerDate Aug 31 2005 02:10 Sep 19, 2008 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\S3136.RS S3136

rfrederick on PROD1PC67 with BILLS
27 

•S 3136 RS

1 tenance, automation, and transmittal of felony 

2 warrants to the NCIC, that the Attorney General 

3 considers to be best practices. 

4 (2) BEST PRACTICES.—Not later than January 

5 31 of each year, the Attorney General shall also pro6 vide the information regarding best practices, referred 

7 to in paragraph (1)(F), to each State and Indian 

8 tribe submitting information to the NCIC. 


rfrederick on PROD1PC67 with BILLS
Calendar No. 1032 

110TH CONGRESS 

2D SESSION S. 3136 

A BILL 

To encourage the entry of felony warrants into the 

resources for extradition. NCIC database by States and provide additional 

SEPTEMBER 18 (legislative day, SEPTEMBER 17), 2008 

Reported with amendments 


rfrederick on PROD1PC67 with BILLS