[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