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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3136 Reported in Senate (RS)]

                                                      Calendar No. 1032
110th CONGRESS
  2d Session
                                S. 3136

  To encourage the entry of felony warrants into the NCIC database by 
        States and provide additional resources for extradition.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2008

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

           September 18 (legislative day, September 17), 2008

                 Reported by Mr. Leahy, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
  To encourage the entry of felony warrants into the NCIC database by 
        States and provide additional resources for extradition.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fugitive Information Networked 
Database Act of 2008'' or the ``FIND Act''.

<DELETED>SEC. 2. DEFINITION.</DELETED>

<DELETED>    In this Act, the term ``National Crime Information Center 
database'' is the computerized index of criminal justice information 
operated by the Federal Bureau of Investigation pursuant to section 534 
of title 28, United States Code, and available to Federal, State, and 
local law enforcement and other criminal justice agencies.</DELETED>

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Nationwide, there are an estimated 2,800,000 to 
        3,200,000 active Federal, State, and local warrants for the 
        arrest of persons charged with felony crimes.
            (2) State and local law enforcement authorities have 
        insufficient resources to devote to searching for and 
        apprehending fugitives. As a result, large numbers of fugitives 
        evade arrest. State and local law enforcement authorities also 
        lack resources for extraditing fugitives who have been arrested 
        in other States. As a result, such fugitives frequently are 
        released without prosecution.
            (3) Increasing the resources available for conducting 
        fugitive investigations and transporting fugitives between 
        States would increase the number of fugitives who are arrested 
        and prosecuted.
            (4) The United States Marshals Service (referred to in this 
        Act as the ``USMS'') plays an integral role in the apprehension 
        of fugitives in the United States, and has a long history of 
        providing assistance and expertise to Federal, State, and local 
        law enforcement agencies in support of fugitive investigations.
            (5)(A) Pursuant to the Presidential Threat Protection Act 
        of 2000, the USMS created the Regional Fugitive Task Force 
        (referred to in this Act as the ``RFTF'') program. Through the 
        RFTFs, the USMS combines the efforts and resources of Federal, 
        State, and local law enforcement authorities for the purpose of 
        locating and apprehending fugitives.
            (B) Between 2002 and 2006, the USMS established 6 RFTFs--
                    (i) the New York/New Jersey RFTF, based in New 
                York, NY;
                    (ii) the Pacific Southwest RFTF, based in Los 
                Angeles, CA;
                    (iii) the Great Lakes RFTF, based in Chicago, IL;
                    (iv) the Southeast RFTF, based in Atlanta, GA;
                    (v) the Capital Area RFTF, based in Washington, DC; 
                and
                    (vi) the Gulf Coast RFTF, based in Birmingham, AL.
            (6) More than 230 Federal, State, and local law enforcement 
        agencies have partnered with the 6 RFTFs, creating a ``force 
        multiplier'' that significantly expands the capacity of each 
        agency to locate and apprehend fugitives. Since their 
        inception, these 6 RFTFs have arrested approximately 90,000 
        Federal and State felony fugitives. However, the USMS has not 
        received significant resources for developing additional RFTFs 
        since 2006.
            (7)(A) The USMS believes that the following geographic 
        areas of the United States would benefit from the creation of 
        an RFTF:
                    (i) The Carolinas.
                    (ii) The Caribbean.
                    (iii) Texas.
                    (iv) New England (Massachusetts, Maine, New 
                Hampshire, Vermont, Rhode Island).
                    (v) Florida.
                    (vi) Northern California.
                    (vii) The Heartland (Missouri, Iowa).
                    (viii) Michigan and Ohio.
                    (ix) Pacific Northwest (Oregon, Washington, Alaska, 
                Idaho).
                    (x) Mountain (Colorado, Utah, Wyoming, Kansas, 
                Montana, Nebraska, North Dakota, South Dakota).
                    (xi) Mid-Atlantic (Pennsylvania, Delaware, West 
                Virginia).
                    (xii) Southwest (New Mexico, Arizona, Oklahoma).
            (B) The establishment of RFTFs in each of these additional 
        regions would enable the USMS to provide effective fugitive 
        location and apprehension assistance to every State and 
        territory in the United States.
            (8) The USMS utilizes the Justice Prisoner and Alien 
        Transportation Service (referred to in this Act as the 
        ``JPATS'') to transport Federal detainees and prisoners. It 
        also makes JPATS available to a very limited number of State 
        and local law enforcement agencies on a reimbursable, space-
        available basis for the purpose of transporting a fugitive from 
        the place where the fugitive was arrested to the jurisdiction 
        that issued the warrant for the fugitive's arrest. Through 
        JPATS, these agencies are able to reduce the cost of 
        extradition significantly.
            (9) Expanding JPATS so that the USMS can make it available 
        to all State and local law enforcement agencies that 
        participate in an RFTF would lower the cost of transporting 
        fugitives for extradition and lead to the prosecution of a 
        greater number of fugitives.
            (10) Since 1967, the Federal Bureau of Investigation has 
        operated the National Crime Information Center (referred to in 
        this Act as the ``NCIC''), which administers a nationwide 
        database containing criminal history information from the 
        Federal Government and the States, including outstanding arrest 
        warrants. The NCIC database allows a law enforcement officer 
        who stops a person in 1 State to obtain information about a 
        warrant for that person issued in another State. It contains 
        approximately 1,300,000 felony and misdemeanor warrants. It is 
        missing over half of the country's 2,800,000 to 3,200,000 
        felony warrants, including warrants for hundreds of thousands 
        of violent crimes.
            (11) A State's failure to enter a warrant into the NCIC 
        database enables a fugitive to escape arrest even when the 
        fugitive is stopped by a law enforcement officer in another 
        State, because such officer is not aware there is a warrant for 
        the fugitive's arrest. Many such fugitives go on to commit 
        additional crimes. In addition, they pose a danger to officers 
        who encounter them without knowledge of their pending charges 
        or record of fleeing law enforcement authorities.
            (12) All warrants entered into the NCIC database must be 
        validated on a regular basis to ensure that the information in 
        the warrant is still accurate and that the warrant is still 
        active.
            (13) Improving the entry and validation of warrants in the 
        NCIC database would enable law enforcement officers to identify 
        and arrest a larger number of fugitives, improve the safety of 
        these officers, and better protect communities from crime.
            (14) Federal funds for State and local law enforcement are 
        most effective when they do not supplant, but rather supplement 
        State and local funds.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Active warrant.--The term ``active warrant'' means a 
        warrant that has not been cleared. A warrant may be cleared by 
        arrest or by the determination of a law enforcement agency that 
        a warrant has already by executed or that the subject is 
        deceased.
            (2) Felony warrant.--The term ``felony warrant'' means any 
        warrant for a crime that is punishable by a term of 
        imprisonment exceeding 1 year.
            (3) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands and includes law enforcement agencies, 
        courts, and any other government agencies involved in the 
        issuance of warrants.
            (4) Unit of local government.--The term ``unit of local 
        government''--
                    (A) means--
                            (i) any city, county, township, borough, 
                        parish, village, or other general purpose 
                        political subdivision of a State; or
                            (ii) any law enforcement district or 
                        judicial enforcement district that is 
                        established under applicable State law and has 
                        the authority to, in a manner independent of 
                        other State entities, establish a budget and 
                        impose taxes; and
                    (B) includes law enforcement agencies, courts, and 
                any other government agencies involved in the issuance 
                of warrants.
            (5) Indian country.--The term ``Indian country'' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.
            (6) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 102 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a) and 
        includes tribal law enforcement agencies, tribal courts, and 
        any other tribal agencies involved in the issuance of warrants.

SEC. <DELETED>3</DELETED>4. GRANTS TO ENCOURAGE STATES TO ENTER FELONY 
              WARRANTS.

<DELETED>    (a) State System.--A State Attorney General may, in 
consultation with local law enforcement and any other relevant 
government agencies, apply for a grant from the United States Attorney 
General to--</DELETED>
        <DELETED>    (1) develop and implement secure, electronic 
        warrant management systems that permit the prompt preparation, 
        submission, and validation of warrants and are compatible and 
        interoperable with the National Crime Information Center 
        database; or</DELETED>
        <DELETED>    (2) upgrade existing electronic warrant management 
        systems to ensure compatibility and interoperability with the 
        National Crime Information Center database;</DELETED>
<DELETED>to facilitate information sharing and to ensure that felony 
warrants entered into State and local warrant databases can be 
automatically entered into the National Crime Information Center 
database. The grant funds may also be used to hire additional 
personnel, as needed, for the validation of warrants entered into the 
National Crime Information Center database.</DELETED>
<DELETED>    (b) Eligibility.--In order to be eligible for a grant 
authorized under subsection (a), a State shall submit to the United 
States Attorney General--</DELETED>
        <DELETED>    (1) a plan to develop and implement, or upgrade, 
        systems described in subsection (a);</DELETED>
        <DELETED>    (2) a report that--</DELETED>
                <DELETED>    (A) details the number of felony warrants 
                outstanding in the State;</DELETED>
                <DELETED>    (B) describes any backlog of warrants that 
                have not been entered into the State and local warrant 
                databases or into the National Crime Information Center 
                database, over the preceding 3 years (including the 
                number of such felony warrants);</DELETED>
                <DELETED>    (C) explains the reasons for the failure 
                of State and local government agencies to enter felony 
                warrants into the National Crime Information Center 
                database; and</DELETED>
                <DELETED>    (D) demonstrates that State and local 
                government agencies have made good faith efforts to 
                eliminate any such backlog; and</DELETED>
        <DELETED>    (3) guidelines for warrant entry by State and 
        local government agencies that will ensure that felony warrants 
        entered into State and local warrant databases will also be 
        entered into the National Crime Information Center database and 
        explain the circumstances in which, as a matter of policy, 
        certain felony warrants will not be entered into the National 
        Crime Information Center database.</DELETED>
<DELETED>    (c) Authorization.--There are authorized to be 
appropriated to the Attorney General $25,000,000 for each of the fiscal 
years 2009 and 2010 for grants to State and local government agencies 
for resources to carry out the requirements of this section.</DELETED>
    (a) Authorization of Grants.--
            (1) In general.--The Attorney General shall make grants to 
        States in a manner consistent with the National Criminal 
        History Improvement Program, which shall be used by States or 
        Indian tribes, in consultation with State, local, and tribal 
        government agencies, to--
                    (A)(i) develop and implement secure, electronic 
                warrant management systems that permit the prompt 
                preparation, submission, and validation of warrants and 
                are compatible and interoperable with the National 
                Crime Information Center database to facilitate 
                information sharing and to ensure that felony warrants 
                entered into State and local warrant databases by State 
                and local government agencies can be automatically 
                entered into the National Crime Information Center 
                database; or
                    (ii) upgrade existing electronic warrant management 
                systems to ensure compatibility and interoperability 
                with the National Crime Information Center database to 
                facilitate information sharing and to ensure that 
                felony warrants entered into State and local warrant 
                databases by State and local government agencies can be 
                automatically entered into the National Crime 
                Information Center database; and
                    (B) ensure that all State, local, and tribal 
                government agencies that need access to the National 
                Crime Information Center database for criminal justice 
                purposes can access the database.
        Up to 5 percent of the grant funds awarded under this section 
        to each State and Indian tribe may also be used to hire 
        additional personnel, as needed, to validate warrants entered 
        into the National Crime Information Center database.
            (2) Set-aside.--Up to 2 percent of the grant funding 
        available under this section shall be reserved for Indian 
        tribal governments.
    (b) Eligibility.--In order to be eligible for a grant authorized 
under subsection (a), a State or Indian tribe shall submit to the 
Attorney General--
            (1) a plan to develop and implement, or upgrade, systems 
        described in subsection (a)(1);
            (2) a report that--
                    (A) details the number of active felony warrants 
                issued by the State, including felony warrants issued 
                by units of local government within the State or Indian 
                tribe;
                    (B) describes the number and type of active felony 
                warrants that have not been entered into a State, 
                local, or tribal warrant database or into the National 
                Crime Information Center database;
                    (C) explains the reasons State, local, and tribal 
                government agencies have not entered active felony 
                warrants into the National Crime Information Center 
                database; and
                    (D) demonstrates that State, local, and tribal 
                government agencies have made good faith efforts to 
                eliminate any such backlog; and
            (3) guidelines for warrant entry by the State, including 
        units of local government, or Indian tribe that will ensure 
        felony warrants issued by the State, including units of local 
        government within the State, or Indian tribe will be entered 
        into the National Crime Information Center database, and a 
        description of the circumstances, if any, in which, as a matter 
        of policy, certain such warrants will not be entered into the 
        National Crime Information Center database.
    (c) Report to the Attorney General.--A State or Indian tribe that 
receives a grant under this section shall, 1 year after receiving the 
grant, report to the Attorney General--
            (1) the number of active felony warrants issued by that 
        State, including units of local government within that State or 
        Indian tribe;
            (2) the number of those felony warrants entered into the 
        National Crime Information Center database; and
            (3) with respect to felony warrants not entered into the 
        National Crime Information Center database, the reasons for not 
        entering such warrants.
    (d) Authorization.--There are authorized to be appropriated to the 
Attorney General $15,000,000 for each of the fiscal years 2009 and 2010 
and $20,000,000 for fiscal year 2011 for grants to State and local 
government agencies for resources to carry out the requirements of this 
section.

SEC. <DELETED>4</DELETED>5. FBI COORDINATION.

    The Federal Bureau of Investigation shall provide to State 
<DELETED>and local government agencies the technological standard that 
ensures compatibility and interoperability of all State and local 
warrant databases with the National Crime Information Center 
database.</DELETED>, local, and tribal government agencies the 
technological standard to ensure the compatibility and interoperability 
of all State and local warrant databases with the National Crime 
Information Center database, as well as other technical assistance to 
facilitate the implementation of automated State, local, and tribal 
warrant management systems that are compatible and interoperable with 
the NCIC database.

SEC. <DELETED>5</DELETED>6. REPORT REGARDING FELONY WARRANT ENTRY.

<DELETED>    (a) In General.--Not later than 270 days after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to the House and Senate Committees on the Judiciary a 
report regarding--</DELETED>
        <DELETED>    (1) the number of felony warrants currently active 
        in each State;</DELETED>
        <DELETED>    (2) the number of those felony warrants that State 
        and local government agencies have entered into the National 
        Crime Information Center database;</DELETED>
        <DELETED>    (3) the number of times State and local law 
        enforcement in each State has been contacted regarding a 
        fugitive apprehended in another State over the preceding 3 
        years; and</DELETED>
        <DELETED>    (4) the number of fugitives from each State who 
        were apprehended in other States over the preceding 3 years but 
        not extradited.</DELETED>
    (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the House and Senate Committees on the Judiciary a 
report regarding--
            (1) the number of active felony warrants issued by each 
        State, including felony warrants issued by units of local 
        government, and Indian tribe;
            (2) the number of those active felony warrants that State, 
        local, and tribal government agencies have entered into the 
        National Crime Information Center database; and
            (3) for the preceding 3 years, the number of persons in 
        each State with an active felony warrant who were--
                    (A) apprehended in other States or in Indian 
                Country but not extradited; and
                    (B) apprehended in other States or in Indian 
                Country and extradited.
    (b) Assistance.--To assist in the preparation of the report 
required by subsection (a), the Attorney General shall provide the 
Comptroller General of the United States with access to any information 
collected and reviewed in connection with the grant application process 
described in <DELETED>section 3</DELETED>section 4.
<DELETED>    (c) Report to the Attorney General.--States that receive 
grants under section 3 shall, as a condition of receiving the grant, 
report to the Attorney General on an annual basis the number of felony 
warrants entered into the State and local warrant databases, the number 
of felony warrants entered into the National Crime Information Center 
database, and, with respect to felony warrants not entered into the 
National Crime Information Center database, the reasons for not 
entering such warrants. On an annual basis, the Attorney General shall 
submit to the House and Senate Committees on the Judiciary a report 
containing the information received from the States under this 
subsection.</DELETED>
    (c) Report by Attorney General.--On an annual basis, the Attorney 
General shall submit to the House and Senate Committees on the 
Judiciary a report containing the information received from the States 
and Indian tribes under this section.

<DELETED>SEC. 67. ADDITIONAL RESOURCES FOR FUGITIVE TASK FORCES AND 
              EXTRADITION.</DELETED>

<DELETED>    (a) Presidential Threat Protection Act of 2000.--Section 
6(b) of the Presidential Threat Protection Act of 2000 (28 U.S.C. 566 
note) is amended by adding at the end the following: ``There are 
authorized to be appropriated to the Attorney General for the United 
States Marshals Service to carry out the provisions of this section 
$20,000,000 for fiscal year 2009 and $10,000,000 for each of the fiscal 
years 2010 through 2014.''</DELETED>
<DELETED>    (b) Justice Prisoner and Alien Transport System.--There 
are authorized to be appropriated to the Attorney General for the 
United States Marshals Service $3,000,000 for each of fiscal years 2009 
through 2014 to assist in extradition of fugitives through the Justice 
Prisoner and Alien Transport System.</DELETED>

SEC. 7. ADDITIONAL RESOURCES FOR FUGITIVE TASK FORCES AND EXTRADITION.

    (a) Presidential Threat Protection Act of 2000.--Section 6(b) of 
the Presidential Threat Protection Act of 2000 (28 U.S.C. 566 note) is 
amended by striking ``and $10,000,000 for each of fiscal years 2008 
through 2012'' and inserting ``$10,000,000 for fiscal year 2008, and 
$50,000,000 for each of the fiscal years 2009 through 2012 and 
$25,000,000 for each of fiscal years 2013 through 2015 for--
            ``(1) hiring senior-level criminal investigator deputy 
        marshals and administrative analysts to increase staffing of 
        the 6 existing Regional Fugitive Task Forces;
            ``(2) establishing new Regional Fugitive Task Forces in the 
        areas of the country not currently served by existing Regional 
        Fugitive Task Forces;
            ``(3) hiring senior-level criminal investigator deputy 
        marshals and administrative analysts to staff each new Regional 
        Fugitive Task Force established under this section;
            ``(4) hiring senior-level criminal investigator deputy 
        marshals to increase the staffing of the United States Marshals 
        Service Technical Operations Group, which provides electronic 
        and air surveillance in support of fugitive investigations;
            ``(5) providing training facilities and enhancing training 
        opportunities for Federal, State, local, and tribal task force 
        officers from agencies that participate in the Regional 
        Fugitive Task Forces; and
            ``(6) other activities related to those described in 
        paragraphs (1) through (5).
Any funds made available under this subsection shall remain available 
until expended.''.
    (b) Justice Prisoner and Alien Transport System.--
            (1) Authorization.--The Attorney General shall assist 
        States and units of local government that participate in a 
        Regional Fugitive Task Force by securing transportation 
        services for the extradition of fugitives via the United States 
        Marshals Service Justice Prisoner and Alien Transportation 
        Service.
            (2) Funding.--There are authorized to be appropriated to 
        the Attorney General for the United States Marshals Service 
        $3,000,000 for each of fiscal years 2009 through 2014 to assist 
        in extradition of fugitives through the Justice Prisoner and 
        Alien Transport System. Any funds made available under this 
        subsection shall remain available until expended.

SEC. 8. EXTRADITION ASSISTANCE TO STATES.

    (a) Grant Assistance.--
            (1) Authorization of grant assistance.--
                    (A) In general.--The Attorney General shall, 
                subject to subsection (a)(4), make grants to States and 
                Indian tribes for periods of 1 year which shall be used 
                by States and units of local government and Indian 
                tribes to extradite fugitives from another State or 
                Indian country for prosecution.
                    (B) Set aside.--Up to 2 percent of the grant 
                funding available under this section shall be reserved 
                for Indian tribal governments, including tribal 
                judicial systems.
            (2) Matching funds.--The Federal share of a grant received 
        under this section may not exceed 80 percent of the costs of a 
        program or proposal funded under this section unless the 
        Attorney General waives, wholly or in part, the requirements of 
        this paragraph in the event of extraordinary circumstances.
            (3) Grant applications.--In its application for a grant 
        under this section, a State or Indian tribe shall--
                    (A) describe the process and any impediments to 
                extraditing fugitives apprehended in other States or in 
                Indian Country after being notified of such fugitives' 
                apprehension;
                    (B) specify the way in which grant amounts will be 
                used, including the means of transportation the State 
                or Indian tribe intends to use for extradition and 
                whether the State or Indian tribe will participate in 
                the United States Marshals Service Justice Prisoner and 
                Alien Transport System program, as well as whether it 
                has participated in that program in the past;
                    (C) specify the number of fugitives extradited 
                statewide by all jurisdictions for each of the 3 years 
                preceding the date of the grant application; and
                    (D) specify the total amount spent statewide by all 
                jurisdictions on fugitive extraditions for each of the 
                3 years preceding the date of the grant application.
            (4) Eligibility.--
                    (A) In general.--In determining whether to award a 
                grant under this section to a State or Indian tribe, 
                the Attorney General shall consider the following:
                            (i) The information in the application 
                        submitted under paragraph (3).
                            (ii) The percentage of felony warrants 
                        issued by the State, including units of local 
                        government within the State, or Indian tribe 
                        that the State or Indian tribe entered into the 
                        NCIC database, as calculated with the 
                        information provided under subsection (b) and, 
                        beginning 1 year after the date of enactment of 
                        this Act, whether the State or Indian tribe has 
                        made substantial progress in improving the 
                        entry of felony warrants into the NCIC 
                        database.
                            (iii) For grants issued after an initial 1 
                        year grant, whether the State, including units 
                        of local government within the State, or Indian 
                        tribe has increased substantially the number of 
                        fugitives extradited for prosecution.
                    (B) Preferences.--In allocating extradition grants 
                under this section, the Attorney General should give 
                preference to States that--
                            (i) 3 years after the date of enactment of 
                        this Act, have entered at least 50 percent of 
                        active felony warrants into the NCIC database;
                            (ii) 5 years after the date of enactment of 
                        this Act, have entered at least 70 percent of 
                        active felony warrants into the NCIC database; 
                        and
                            (iii) 7 years after the date of enactment 
                        of this Act, have entered at least 90 percent 
                        of active felony warrants into the NCIC 
                        database.
            (5) Record keeping.--States, including units of local 
        government in the States, and Indian tribes that receive a 
        grant under this section shall maintain and report such data, 
        records, and information (programmatic and financial) as the 
        Attorney General may require.
            (6) Audit.--The Attorney General shall conduct an audit of 
        States' and Indian tribe's use of funds allocated under this 
        section 18 months after the enactment of this Act and 
        biennially thereafter. A State or unit of local government or 
        Indian tribe that fails to increase substantially the number of 
        fugitives extradited after receiving a grant under this section 
        will be ineligible for future funds.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section $50,000,000 for 
        each of fiscal years 2009 through 2015.
    (b) Active Felony Warrants Issued by States and Indian Tribes.--
            (1) In general.--To assist the Attorney General in making a 
        determination under subsection (a)(4) concerning eligibility to 
        receive a grant, and not later than 180 days after the date of 
        the enactment of this Act and annually thereafter on a date 
        designated by the Attorney General, each State and Indian tribe 
        shall provide the Attorney General with the total number of 
        active felony warrants issued by the State, including units of 
        local government in the State, or Indian tribe, regardless of 
        the age of the warrants. The States and Indian tribes must 
        describe categories of felony warrants not entered into the 
        NCIC database and the reasons for not entering such warrants.
            (2) Failure to provide.--A State or Indian tribe that fails 
        to provide the information described in paragraph (1) by the 
        date required under such paragraph shall be ineligible to 
        receive any funds under subsection (a), until such date as it 
        provides such information to the Attorney General.
    (c) Attorney General Report.--
            (1) In general.--Not later than January 31 of each year, 
        the Attorney General shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives a report--
                    (A) containing the information submitted by the 
                States and Indian tribes under subsection (b);
                    (B) containing the percentage of active felony 
                warrants issued by those States and Indian tribes that 
                has been entered into the NCIC database, as determined 
                under subsection (a)(4)(A)(ii);
                    (C) containing a description of the categories of 
                felony warrants States and Indian tribes have not 
                entered into the NCIC database and the reasons such 
                warrants were not entered, as provided to the Attorney 
                General under subsection (b)(1);
                    (D) comparing the warrant entry information to data 
                from previous years and describing the progress of 
                States and Indian tribes in entering active felony 
                warrants into the NCIC database;
                    (E) containing the number of persons that each 
                State, including units of local government within the 
                State, or Indian tribe has extradited from other States 
                or in Indian country for prosecution and describing any 
                progress the State or Indian tribe has made in 
                improving the number of fugitives extradited for 
                prosecution; and
                    (F) describing the practices of the States and 
                Indian tribes regarding the collection, maintenance, 
                automation, and transmittal of felony warrants to the 
                NCIC, that the Attorney General considers to be best 
                practices.
            (2) Best practices.--Not later than January 31 of each 
        year, the Attorney General shall also provide the information 
        regarding best practices, referred to in paragraph (1)(F), to 
        each State and Indian tribe submitting information to the NCIC.
                                                      Calendar No. 1032

110th CONGRESS

  2d Session

                                S. 3136

_______________________________________________________________________

                                 A BILL

  To encourage the entry of felony warrants into the NCIC database by 
        States and provide additional resources for extradition.

_______________________________________________________________________

           September 18 (legislative day, September 17), 2008

                        Reported with amendments
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