Testimony of Michael D. Kirkpatrick, Assistant Director
in Charge, Criminal Justice Information Services Division,
FBI
Before the Subcommittee
on Immigration, Border Security, and Citizenship, Committee
on the Judiciary
United States Senate
November 13, 2003
"The FBI's National Crime information Center"
Greetings, Mr. Chairman, and
Members of the Subcommittee. I am Michael D. Kirkpatrick,
Assistant Director in charge of the FBI's Criminal Justice
Information Services Division, otherwise known as CJIS. Thank
you for the opportunity to appear before you and provide testimony
about the National Crime Information Center.
The National Crime Information
Center, more commonly known as NCIC, is a computerized database
of documented criminal justice information available to virtually
every law enforcement agency nationwide, 24 hours a day, 365
days a year. NCIC became operational January 27, 1967, with
the goal to assist law enforcement in apprehending fugitives
and locating stolen property. This goal has been expanded
over the last thirty-six years to include locating missing
persons and further protecting law enforcement personnel and
the public. NCIC has operated under a shared management concept
between the Federal Bureau of Investigation (FBI) and state
and federal criminal justice users since its inception. The
FBI provides a host-computer and telecommunication network
to the control terminal agency in each of the 50 states, the
District of Columbia, Puerto Rico, the U.S. Virgin Islands,
Guam, and Canada, as well as federal criminal justice agencies.
Those jurisdictions, in turn, operate their own computer systems,
providing NCIC access to virtually all local criminal justice
agencies in the United States. Through this cooperative network,
more than 94,000 law enforcement and other criminal justice
agencies have direct on-line access to more than 52 million
records.
The NCIC database currently
consists of seventeen files. The seven property files contain
records of stolen articles, boats, guns, license plates, parts,
securities, and vehicles. The ten person files are the Convicted
Person on Supervised Release, Convicted Sexual Offender Registry,
Foreign Fugitive, Immigration Violator, Missing Person, Protection
Order, Unidentified Person, U.S. Secret Service, Violent Gang
and Terrorist Organization, and Wanted Person Files. The Interstate
Identification Index, which contains automated criminal history
record information, is also accessible through the NCIC network.
Now, I would like to outline
some of the NCIC files and features that assist in immigration
and border security. The Foreign Fugitive File, established
July 1, 1987, contains information on persons wanted in connection
with offenses committed outside the United States. There are
two types of records in the Foreign Fugitive File: Canadian
records and International Criminal Police Organization (otherwise
known as INTERPOL) records. Canadian records contain information
on persons wanted for violations of the criminal code of Canada
based upon Canada-wide warrants. INTERPOL records contain
information on persons wanted by authorities in other countries.
The INTERPOL National Central Bureau of any country may issue
a wanted flyer, known as a red notice, for a fugitive wanted
within its respective country. The red notice requests the
arrest of the fugitive with the intention that extradition
will occur. Upon receipt of a red notice, the United States
INTERPOL National Central Bureau reviews the information and
enters an NCIC Foreign Fugitive File record if the following
conditions are met: 1) the wanting country has an outstanding
arrest warrant that charges a crime which would be a felony
if committed in the United States; and 2) the wanting country
is a signatory to an extradition treaty/convention with the
United States. On October 29th, there were 1,543 records in
the Foreign Fugitive File.
The Immigration Violator File
was established on August 25th of this year. NCIC previously
included a Deported Felon File; today, this is a category
of records within the Immigration Violator File. The Immigration
Violator File includes two additional categories of records;
Absconders and NSEERS. The Deported Felon Category contains
records for previously deported felons convicted and deported
for drug trafficking, firearms trafficking, or serious violent
crimes. The Absconder Category contains records for individuals
with an outstanding administrative warrant of removal from
the United States who have unlawfully remained in the United
States. The NSEERS Category contains records for individuals
whom Department of Homeland Security, Bureau of Immigration
and Customs Enforcement has determined have violated the requirements
of the National Security Entry Exit Registration System. An
Immigration Violator File hit response includes guidance to
the local law enforcement agency on handling the hit. The
Department of Homeland Security, Bureau of Immigration and
Customs Enforcement, is the only agency authorized to enter
and maintain the Immigration Violator File records. On October
29th, there were 125,868 records in the NCIC Immigration Violator
File.
The FBI's CJIS Division implemented
the NCIC Violent Gang and Terrorist Organization File or "VGTOF"
in December 1994. This file is designed to provide identifying
information about violent criminal gang and terrorist organization
members to protect the law enforcement community and the public.
For our purposes today, I will limit my statement to the terrorist
records within VGTOF. During security preparations for the
2002 Winter Olympic Games in Salt Lake City, Utah, the FBI
determined that it would be advisable to have individuals
of FBI domestic or international terrorism investigative interest
included in VGTOF. Traditionally, NCIC person records serve
the needs of the criminal justice community and are supported
by the judicial process. But with the creation of VGTOF, that
philosophy was expanded to support law enforcement investigative
and information needs related to terrorism. The terrorist
records, in particular, support national security and homeland
security. Based on the positive results during the Olympics,
the FBI has continued to make this terrorism information available
to the criminal justice community and has enhanced VGTOF to
better support these records. Additionally, the FBI has coordinated
with other entities to include their terrorist subject records
in VGTOF with the goal of developing a centralized terrorist
watch list. The newly created Terrorist Screening Center will
use the NCIC VGTOF as part of its daily operations.
Since its inception in 1967,
NCIC has been an effective tool for information sharing. The
FBI's CJIS Division supports information sharing with local,
state, tribal and federal entities. Since May 2002, the FBI
has provided the U.S. Department of State with extracts of
the NCIC Wanted Person, Immigration Violator, Foreign Fugitive
Files, and VGTOF for inclusion in its Consular Lookout and
Support System (CLASS) as required by Section 403 of the USA
PATRIOT Act. The Department of State uses the information
to ascertain whether visa applicants have records indexed
in NCIC which might preclude the issuance of a visa.
During NCIC's first year of
operation, two million transactions were processed. In September
2003, NCIC processed an average of 3,775,678 transactions
per day with an average response time of 0.12 seconds. On
August 1, 2003, NCIC processed a record of 4,509,679 transactions.
The FBI's CJIS Division continuously monitors the NCIC System
and makes system upgrades to provide quality service. Based
upon an estimated growth of 17% per year, we have projected
that the current NCIC System can be annually upgraded to handle
the user processing demands through fiscal year 2006.
The Department of Homeland Security
components are undisputably NCIC's largest customer and have
been using the system for three decades. NCIC is a valuable
tool for immigration and border security as is clearly demonstrated
by the fact that one third of NCIC System transactions --
over 1.5 million transactions a day -- are performed by the
Department of Homeland Security, Bureau of Customs and Border
Protection. These transactions include inquiries on individuals
and property entering and exiting the United States and encompass
airline passenger manifests.
Over 17,000 law enforcement
agencies query NCIC in the performance of their daily activities,
to include routine patrols. The inclusion of the Department
of Homeland Security component information in NCIC makes that
information instantly available to over 700,000 law enforcement
officers nationwide and significantly multiplies the enforcement
resources brought to bear on immigration and border security
issues.
In closing, I would like to
thank you for allowing me the opportunity to explain the use
of NCIC for immigration and border security.
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