[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1351 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1351

  To provide administrative subpoena authority to apprehend fugitives.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2001

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

_______________________________________________________________________

                                 A BILL


 
  To provide administrative subpoena authority to apprehend fugitives.

    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 2001''.

SEC. 2. 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.
    ``(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 
                oppressive;
                    ``(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) 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 and of the United States Attorney for the 
        judicial district in which the administrative subpoena shall be 
        served.
    ``(f) Nondisclosure Requirements.--
            ``(1) In general.--Except as otherwise provided by law, 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.
            ``(2) 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--
                    ``(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.''.
    (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.''.
                                 <all>