[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2516 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2516

   To fund task forces to locate and apprehend fugitives in Federal, 
State, and local felony criminal cases and give administrative subpoena 
            authority to the United States Marshals Service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2000

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

_______________________________________________________________________

                                 A BILL


 
   To fund task forces to locate and apprehend fugitives in Federal, 
State, and local felony criminal cases and give administrative subpoena 
            authority to the United States Marshals Service.

    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 Apprehension Act of 2000''.

SEC. 2. FUGITIVE APPREHENSION TASK FORCES.

    (a) In General.--The Director of the United States Marshal Service 
shall establish permanent Fugitive Apprehension Task Forces in areas of 
the United States as determined by the Director to locate and apprehend 
fugitives.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the United States Marshal Service to carry out the 
provisions of this section $32,100,000 for the fiscal year 2001, 
$5,000,000 for fiscal year 2002, and $8,000,000 for fiscal year 2003.

SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.

    (a) In General.--Chapter 49 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. l075. Administrative subpoenas to apprehend fugitives
    ``(a) In this section--
            ``(1) the term `fugitive' means a person who--
                    ``(A) having been indicted under Federal law or 
                having been convicted of committing a felony under 
                Federal law, flees or attempts to flee from or evades 
                or attempts to evade the jurisdiction of the court with 
                jurisdiction over the felony;
                    ``(B) having been indicted under State law or 
                having been convicted of committing a felony under 
                State law, flees or attempts to flee from, or evades or 
                attempts to evade, the jurisdiction of the court with 
                jurisdiction over the felony;
                    ``(C) escapes from lawful Federal or State custody 
                after having been indicted or having been convicted of 
                committing a felony under Federal or State law; or
                    ``(D) is in violation of subparagraph (2) or (3) of 
                the first undesignated paragraph of section 1073;
            ``(2) the term `investigation' means, with respect to a 
        State fugitive described in subparagraph (B) or (C) of 
        paragraph (1), an investigation in which there is reason to 
        believe that the fugitive fled from or evaded, or attempted to 
        flee from or evade, the jurisdiction of the court, or escaped 
        from custody, in or affecting, or using any facility of, 
        interstate or foreign commerce, or as to whom an appropriate 
        law enforcement officer or official of a State or political 
        subdivision has requested the Attorney General to assist in the 
        investigation, and the Attorney General finds that the 
        particular circumstances of the request give rise to a Federal 
        interest sufficient for the exercise of Federal jurisdiction 
        pursuant to section 1075;
            ``(3) the term `State' means a State of the United States, 
        the District of Colombia, and any commonwealth, territory, or 
        possession of the United States; and
            ``(4) the term `relevant or material' means there are 
        articulable facts that show the fugitive's whereabouts may be 
        discerned from the records sought.
    ``(b) In any investigation with respect to the apprehension of a 
fugitive, the Attorney General may subpoena witnesses for the purpose 
of the production of any records (including books, papers, documents, 
electronic data, and other tangible and intangible items that 
constitute or contain evidence) that the Attorney General finds 
relevant or material in the investigation. The attendance of witnesses 
and the production of records may be required from any place in any 
State or other place subject to the jurisdiction of the United States 
at any designated place where the witness was served with a subpoena, 
except that a witness shall not be required to appear more than 500 
miles distant from the place where the witness was served. Witnesses 
summoned under this section shall be paid the same fees and mileage 
that are paid witnesses in the courts of the United States.
    ``(c) A subpoena issued under this section may be served by any 
person designated in the subpoena to serve it. Service upon a natural 
person may be made by personal delivery of the subpoena to that person 
or by certified mail with return receipt requested. Service may be made 
upon a domestic or foreign corporation or upon a partnership or other 
unincorporated association that is subject to suit under a common name, 
by delivering the subpoena to an officer, to a managing or general 
agent, or to any other agent authorized by appointment or by law to 
receive service of process. The affidavit of the person serving the 
subpoena entered on a true copy thereof by the person serving it shall 
be proof of service.
    ``(d) In the case of the contumacy by or refusal to obey a subpoena 
issued to any person, the Attorney General may invoke the aid of any 
court of the United States within the jurisdiction of which the 
investigation is carried on or of which the subpoenaed person is an 
inhabitant, or in which he carries on business or may be found, to 
compel compliance with the subpoena. The court may issue an order 
requiring the subpoenaed person to appear before the Attorney General 
to produce records if so ordered. Any failure to obey the order of the 
court may be punishable by the court as contempt thereof. All process 
in any such case may be served in any judicial district in which the 
person may be found.
    ``(e) This section shall be construed and applied in a manner 
consistent with section 2703 and with section 1102 of the Right to 
Financial Privacy Act of 1978 (12 U.S.C. 3402).
    ``(f) The United States Marshals Service shall report to the 
Attorney General on a quarterly basis regarding administrative 
subpoenas issued pursuant to this section. The Attorney General shall 
transmit the report to Congress.
    ``(g) The Attorney General shall issue guidelines governing the 
issuance of administrative subpoenas by the United States Marshals 
Service. Such guidelines shall mandate that administrative subpoenas 
shall issue only after review and approval of the Director of the 
Marshals Service or his designee in a position of Assistant Director or 
higher.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
49 of title 18, United States Code, is amended by adding at the end the 
following:

``1075. Administrative subpoenas to apprehend fugitives.''.
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