[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2761 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2761

   To fund task forces to locate and apprehend fugitives in Federal, 
 State, and local felony criminal cases and to provide administrative 
                          subpoena authority.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2000

  Mr. Leahy (for himself and Mr. Kohl) 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 to provide administrative 
                          subpoena authority.

    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 ``Capturing Criminals Act of 2000''.

 SEC. 2. FUGITIVE APPREHENSION TASK FORCES.

    (a) In General.--The Attorney General is authorized to establish, 
upon consultation with the Secretary of the Treasury and appropriate 
law enforcement officials in the States, Fugitive Apprehension Task 
Forces, consisting of Federal, State, and local law enforcement 
authorities in designated regions of the United States, to be 
coordinated by the Director of the United States Marshals Service, for 
the purpose of locating and apprehending fugitives, as defined by 
section 1075 of title 18, United States Code, as added by this Act.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the United States Marshals Service to carry out the 
provisions of this section $20,000,000 for fiscal year 2001, $5,000,000 
for fiscal year 2002, and $5,000,000 for fiscal year 2003.
    (c) Other Federal and State law.--Nothing in this section shall be 
construed to limit the authority under any other provision of Federal 
or State law to locate or apprehend a fugitive .

 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) the term `fugitive' means a person who--
                    ``(A) having been accused by complaint, information 
                or indictment, or having been convicted of committing, 
                a felony under Federal law, flees from or evades (or 
                attempts to flee from or evade) the jurisdiction of the 
                court with jurisdiction over the felony;
                    ``(B) having been accused by complaint, information 
                or indictment, or having been convicted of committing, 
                a felony under State law, flees from or evades (or 
                attempts to flee from or 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 convicted, of committing a felony under 
                Federal or State law; or
                    ``(D) is in violation of paragraph (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 
        under section 1075; and
            ``(3) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.
    ``(b) Scope.--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 upon articulable facts, are relevant to discerning the fugitive's 
whereabouts. 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.
    ``(c) Jurisdiction.--The attendance of witnesses and the production 
of records may be required from any place in any State or any other 
place subject to the jurisdiction of the United States at any 
designated place where the witness is 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 
subpoenaed under this section shall be paid the same fees and mileage 
that are paid witnesses in the courts of the United States.
    ``(d) Service.--A subpoena issued under this section may be served 
by any person designated in the subpoena as the agent of service. 
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, 
a partnership, or other unincorporated association that is subject to 
suit under a common name, by delivering the subpoena to an officer, 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 
agent of service shall be proof of service.
    ``(e)Enforcement.--
            ``(1) Noncompliance.--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.
            ``(2) Rights of a 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 court of the 
        United States for the judicial 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 right or privilege of the 
                subpoenaed party.
            ``(3) Time for response.--The time allowed for compliance 
        with a subpoena in whole or in part shall be suspended during 
        the pendency of a petition filed under paragraph (2). Such 
        petition shall specify the grounds upon which the petitioner 
        relies in seeking relief.
    ``(f) 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.--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. 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--
                    ``(A) endangering the life or physical safety of an 
                individual;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) otherwise seriously jeopardizing an 
                investigation or undue delay of a trial.
    ``(g) 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.
    ``(h) Delegation.--The Attorney General and the Secretary of the 
Treasury shall issue guidelines governing the issuance of 
administrative subpoenas. Such guidelines shall mandate that 
administrative subpoenas may be issued only after review and approval 
of senior supervisory personnel within the Department of Justice and 
the Department of the Treasury.
    ``(i) Report.--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 issuing the subpoena 
and imposing the charges. This reporting requirement shall terminate in 
3 years after enactment.''.
    (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.
                                 <all>