Federal Fugitives: More Timely Entry on National Wanted Person File Is Needed
GGD-96-64
Published: Feb 26, 1996. Publicly Released: Feb 26, 1996.
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Highlights
GAO reviewed the Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC) wanted person file, focusing on the: (1) length of time it takes federal law enforcement agencies to enter fugitives onto the file; (2) information that agencies have on data entry times and the means used to monitor entry times; and (3) agencies' plans to reduce entry delays.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Justice | The Attorney General should require the Directors of FBI and USMS and the Commissioner, INS, to ensure that they have written policies that require immediate entry of fugitives onto the NCIC wanted person file, unless imminent arrest is expected or other mitigating reasons exist. |
FBI provided information indicating that its policy states that a timely entry is one that is made immediately after a decision has been made to arrest or authorize arrest. FBI policy also defines an immediate fugitive entry as an entry into NCIC within 24 hours of obtaining an arrest warrant. The policy allows for the delayed entry of fugitives into NCIC where imminent arrest is expected or other mitigating reasons exist. The Marshals Service informed GAO that its policy requires that all Class I fugitives be immediately recorded (within 24 hours) as wanted persons in NCIC upon receipt of the proper warrant or notification. On December 3, 1996 DOJ's Office of Investigative Agency Policies (OIAP) issued Resolution 19 requiring INS to enter Wanted Persons Warrants into NCIC within 24 hours. The INS current policy of entering Wanted Persons Warrants into NCIC was within parameters of Resolution 19.
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| Department of the Treasury | The Secretary of the Treasury should require the Director, ATF, and the Commissioner of Customs to ensure that they have written policies that require immediate entry of fugitives onto the NCIC wanted person file, unless imminent arrest is expected or other mitigating reasons exist. |
The Customs Service informed GAO that it had issued revised policy guidance to require the entry of fugitives on NCIC within 24 hours. ATF further revised its existing policy guidance to call for entry within 24 hours.
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| Department of Justice | The Attorney General, as the official ultimately responsible for NCIC and the wanted person file, should seek consensus among federal law enforcement agencies on a definition of immediate entry and include this definition as guidance in the NCIC operating policies on the use of the wanted person file. |
During the June 12-13, 1996 meeting of the Criminal Justice Information Services (CJIS) Advisory Policy Board (Board), the Chairman of the NCIC Subcommittee presented the GAO report on federal fugitives and timely entry of records into the NCIC system to the Board. The Subcommittee outlined the GAO recommendations and put forth a motion for corrective action by the Board. The Board subsequently approved the Subcommittees action, set forth in the June 1996 Minutes of the CJIS Board, Topic 7 and Director Freeh's Resolution 19, dated December 3, 1996. NCIC users were notified of the policy changes approved by the Board during the June 1996 meeting via the November 8, 1996 edition of the NCIC Technical and Operational Update (attached). This publication serves as a vehicle to notify users of recent NCIC system changes, changes to the NCIC Code Manual, and to provide users with current NCIC operating statistics.
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| Department of Justice | The Attorney General and Secretary of the Treasury should require agency heads to establish and implement measures for ensuring compliance with the policy for immediate entry of fugitives' data onto the NCIC wanted person file, including periodically reviewing entry times and identifying and evaluating reasons for delays. |
FBI provided information indicating that its policy requires its regular periodic inspections of field office support services to include reviews of the timeliness of fugitive entries. Also, each field office NCIC coordinator and squad supervisor is responsible for ensuring timely entry. The Marshals Service's program review guidelines also require the review of field office records concerning the timeliness of entries. To facilitate these reviews, the Service recently added a "NCIC entry date" element to its Warrant Information Network. On December 18, 1996 DOJ's OIAP issued a review of the INS's procedure for entering Wanted Persons Warrants into NCIC. The Executive Advisory Board of the OIAP stated that INS's entry policy is within the parameters of Resolution 19 that requires warrants to be entered immediately.
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| Department of the Treasury | The Attorney General and Secretary of the Treasury should require agency heads to establish and implement measures for ensuring compliance with the policy for immediate entry of fugitives' data onto the NCIC wanted person file, including periodically reviewing entry times and identifying and evaluating reasons for delays. |
ATF issued a memorandum to its field offices reiterating its entry time policy and outlining steps taken or planned to enforce its policy, including establishing audit and follow-up procedures. ATF also planned to enhance its capacity to monitor entry times and identify problems by obtaining more information on entries. ATF's internal inspection staff also planned to consider examining entry times as part of its field office inspections. Customs planned to monitor entry times and contact field offices as necessary.
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| Department of Justice | The Attorney General and Secretary of the Treasury should require the heads of other agencies within their respective departments that use the wanted person file to determine whether they have adequate entry time policies and monitoring mechanisms and, if not, to establish such policies and mechanisms. |
During the June 12-13, 1996 meeting of the Criminal Justice Information Services (CJIS) Advisory Policy Board (Board), the Chairman of the NCIC Subcommittee presented the GAO report on federal fugitives and timely entry of records into the NCIC system to the Board. The Subcommittee outlined the GAO recommendations and put forth a motion for corrective action by the Board. The Board subsequently approved the Subcommittees action, set forth in the June 1996 Minutes of the CJIS Board, Topic 7 and Director Freeh's Resolution 19, dated December 3, 1996. NCIC users were notified of the policy changes approved by the Board during the June 1996 meeting via the November 8, 1996 edition of the NCIC Technical and Operational Update (attached). This publication serves as a vehicle to notify users of recent NCIC system changes, changes to the NCIC Code Manual, and to provide users with current NCIC operating statistics.
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| Department of the Treasury | The Attorney General and Secretary of the Treasury should require the heads of other agencies within their respective departments that use the wanted person file to determine whether they have adequate entry time policies and monitoring mechanisms and, if not, to establish such policies and mechanisms. |
During the June 12-13, 1996 meeting of the Criminal Justice Information Services (CJIS) Advisory Policy Board (Board), the Chairman of the NCIC Subcommittee presented the GAO report on federal fugitives and timely entry of records into the NCIC system to the Board. The Subcommittee outlined the GAO recommendations and put forth a motion for corrective action by the Board. The Board subsequently approved the Subcommittees action, set forth in the June 1996 Minutes of the CJIS Board, Topic 7 and Director Freeh's Resolution 19, dated December 3, 1996. NCIC users were notified of the policy changes approved by the Board during the June 1996 meeting via the November 8, 1996 edition of the NCIC Technical and Operational Update (attached). This publication serves as a vehicle to notify users of recent NCIC system changes, changes to the NCIC Code Manual, and to provide users with current NCIC operating statistics.
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| Department of Justice | The Attorney General should require the Director, FBI, working with the NCIC Advisory Policy Board to advise law enforcement organizations in federal departments and agencies outside of the Departments of Justice and the Treasury of the importance of timely entry and encourage them to determine whether they have adequate entry time policies and monitoring mechanisms. |
During the June 12-13, 1996 meeting of the Criminal Justice Information Services (CJIS) Advisory Policy Board (Board), the Chairman of the NCIC Subcommittee presented the GAO report on federal fugitives and timely entry of records into the NCIC system to the Board. The Subcommittee outlined the GAO recommendations and put forth a motion for corrective action by the Board. The Board subsequently approved the Subcommittees action, set forth in the June 1996 Minutes of the CJIS Board, Topic 7 and Director Freeh's Resolution 19, dated December 3, 1996. NCIC users were notified of the policy changes approved by the Board during the June 1996 meeting via the November 8, 1996 edition of the NCIC Technical and Operational Update (attached). This publication serves as a vehicle to notify users of recent NCIC system changes, changes to the NCIC Code Manual, and to provide users with current NCIC operating statistics.
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Topics
ArrestsCrimesCriminal procedureCriminalsData integrityInteragency relationsLaw enforcementLaw enforcement information systemsData entryFugitives