[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2516 Referred in House (RFH)]
2d Session
S. 2516
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2000
Referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
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 Attorney General shall, upon consultation with
appropriate Department of Justice and Department of the Treasury law
enforcement components, establish permanent Fugitive Apprehension Task
Forces consisting of Federal, State, and local law enforcement
authorities in designated regions of the United States, to be directed
and coordinated by the United States Marshals Service, for the purpose
of locating and apprehending 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 $30,000,000 for the fiscal year 2001,
$5,000,000 for fiscal year 2002, and $5,000,000 for fiscal year 2003.
(c) Other Existing Applicable Law.--Nothing in this section shall
be construed to limit any existing authority under any other provision
of Federal or State law for law enforcement agencies to locate or
apprehend fugitives through task forces or any other means.
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. 1075. Administrative subpoenas to apprehend fugitives
``(a) Definitions.--In this section:
``(1) Fugitive.--The term `fugitive' means a person who--
``(A) having been accused by complaint,
information, or indictment 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 accused by complaint,
information, or indictment 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 accused by complaint, information, or
indictment 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) Investigation.--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) State.--The term `State' means a State of the United
States, the District of Colombia, and any commonwealth,
territory, or possession of the United States.
``(b) Subpoenas and Witnesses.--
``(1) Subpoenas.--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, based on articulable
facts, are relevant to discerning the whereabouts of the
fugitive. A subpoena under this subsection shall describe the
records or items required to be produced and prescribe a return
date within a reasonable period of time within which the
records or items can be assembled and made available.
``(2) Witnesses.--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) Service.--
``(1) Agent.--A subpoena issued under this section may be
served by any person designated in the subpoena as the agent of
service.
``(2) Natural person.--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.
``(3) Corporation.--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.
``(4) Affidavit.--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) Contumacy or Refusal.--
``(1) In general.--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.
``(2) Contempt.--Any failure to obey the order of the court
may be punishable by the court as contempt thereof.
``(3) Process.--All process in any case to enforce an order
under this subsection may be served in any judicial district in
which the person may be found.
``(4) Rights of subpoena recipient.--Not later than 20 days
after the date of service of an administrative subpoena under
this section upon any person, or at any time before the return
date specified in the subpoena, whichever period is shorter,
such person may file, in the district within which such person
resides, is found, or transacts business, a petition to modify
or quash such subpoena on grounds that--
``(A) the terms of the subpoena are unreasonable or
unnecessary;
``(B) the subpoena fails to meet the requirements
of this section; or
``(C) the subpoena violates the constitutional
rights or any other legal rights or privilege of the
subpoenaed party.
``(e) Report.--
``(1) In general.--The Attorney General shall report in
January of each year to the Committees on the Judiciary of the
Senate and the House of Representatives on the number of
administrative subpoenas issued under this section, whether
each matter involved a fugitive from Federal or State charges,
and identification of the agency or component of the Department
of Justice issuing the subpoena and imposing the charges.
``(2) Expiration.--The reporting requirement of this
subsection shall terminate in 3 years after the date of
enactment of this section.
``(f) Guidelines.--
``(1) In general.--The Attorney General shall issue
guidelines governing the issuance of administrative subpoenas
pursuant to this section.
``(2) Review.--The guidelines required by this subsection
shall mandate that administrative subpoenas may be issued only
after review and approval of senior supervisory personnel
within the respective investigative agency or component of the
Department of Justice.
``(g) Delayed Notice.--
``(1) In general.--Where an administrative subpoena is
issued under this section to a provider of electronic
communication service (as defined in section 2510 of this
title) or remote computing service (as defined in section 2711
of this title), the Attorney General may--
``(A) in accordance with section 2705(a) of this
title, delay notification to the subscriber or customer
to whom the record pertains; and
``(B) apply to a court, in accordance with section
2705(b) of this title, for an order commanding the
provider of electronic communication service or remote
computing service not to notify any other person of the
existence of the subpoena or court order.
``(2) Subpoenas for financial records.--If a subpoena is
issued under this section to a financial institution for
financial records of any customer of such institution, the
Attorney General may apply to a court under section 1109 of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3409) for an
order to delay customer notice as otherwise required.
``(3) Nondisclosure requirements.--
``(A) In general.--Except as provided in paragraphs
(1) and (2), the Attorney General may apply to a court
for an order requiring the party to whom an
administrative subpoena is directed to refrain from
notifying any other party of the existence of the
subpoena or court order for such period as the court
deems appropriate.
``(B) Order.--The court shall enter such order if
it determines that there is reason to believe that
notification of the existence of the administrative
subpoena will result in--
``(i) endangering the life or physical
safety of an individual;
``(ii) flight from prosecution;
``(iii) destruction of or tampering with
evidence;
``(iv) intimidation of potential witnesses;
or
``(v) otherwise seriously jeopardizing an
investigation or undue delay of a trial.
``(h) Immunity From Civil Liability.--Any person, including
officers, agents, and employees, who in good faith produce the records
or items requested in a subpoena shall not be liable in any court of
any State or the United States to any customer or other person for such
production or for nondisclosure of that production to the customer, in
compliance with the terms of a court order for nondisclosure.''.
(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.''.
SEC. 4. STUDY AND REPORT OF THE USE OF ADMINISTRATIVE SUBPOENAS.
Not later than December 31, 2001, the Attorney General, in
consultation with the Secretary of the Treasury, shall complete a study
on the use of administrative subpoena power by executive branch
agencies or entities and shall report the findings to the Committees on
the Judiciary of the Senate and the House of Representatives. Such
report shall include--
(1) a description of the sources of administrative subpoena
power and the scope of such subpoena power within executive
branch agencies;
(2) a description of applicable subpoena enforcement
mechanisms;
(3) a description of any notification provisions and any
other provisions relating to safeguarding privacy interests;
(4) a description of the standards governing the issuance
of administrative subpoenas; and
(5) recommendations from the Attorney General regarding
necessary steps to ensure that administrative subpoena power is
used and enforced consistently and fairly by executive branch
agencies.
Passed the Senate July 26, 2000.
Attest:
GARY SISCO,
Secretary.