[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2516 Reported in Senate (RS)]
Calendar No. 695
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, Mr. Biden, Mr. Helms, Mr. DeWine, Mr. Kyl,
Mr. Smith of New Hampshire, Mr. Johnson, and Mr. Hatch) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
July 20, 2000
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Fugitive Apprehension Act
of 2000''.</DELETED>
<DELETED>SEC. 2. FUGITIVE APPREHENSION TASK FORCES.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND
FUGITIVES.</DELETED>
<DELETED> (a) In General.--Chapter 49 of title 18, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. l075. Administrative subpoenas to apprehend
fugitives</DELETED>
<DELETED> ``(a) In this section--</DELETED>
<DELETED> ``(1) the term `fugitive' means a person who--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) is in violation of subparagraph (2)
or (3) of the first undesignated paragraph of section
1073;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(4) the term `relevant or material' means there
are articulable facts that show the fugitive's whereabouts may
be discerned from the records sought.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``1075. Administrative subpoenas to apprehend fugitives.''.
</DELETED>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. l075. 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 otherwise provided in
paragraphs (1) and (2), the Attorney General may
require the party to whom an administrative subpoena is
directed to refrain from notifying any other party of
the existence of the subpoena for 30 days.
``(B) Extension.--The Attorney General may apply to
a court for an order extending the time for such period
as the court deems appropriate.
``(C) Criteria for extension.--The court shall
enter an order under subparagraph (B) 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 in 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 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.
Calendar No. 695
106th CONGRESS
2d Session
S. 2516
_______________________________________________________________________
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.
_______________________________________________________________________
July 20, 2000
Reported with an amendment