[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4170 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4170

  To provide administrative subpoena authority to apprehend fugitives.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 2005

 Mr. Sessions (for himself, Mr. Boozman, Mr. Kuhl of New York, and Mr. 
 Daniel E. Lungren of California) introduced the following bill; which 
             was 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 Assistance Act 
of 2005''.

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', inter alia, means a 
        person who--
                    ``(A) having been accused of committing a felony 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 of committing a felony 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) in 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 Columbia, 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: Provided, 
        however, That procedures other than subpoenas shall be used to 
        obtain documents and information from Federal agencies.
            ``(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 person's residence 
        or 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.
            ``(3) Prohibitions.--Nothing in this section shall require 
        the attendance of witnesses or the production of records whose 
        attendance or production is otherwise prohibited by law.
    ``(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 in 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 10 days 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) 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, as 
        determined by the Attorney General, of the relevant component 
        of the Department of Justice, as the case may be.
    ``(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.--
                    ``(A) In general.--Except as otherwise provided in 
                paragraphs (1) and (2), the court may require the party 
                to whom an administrative subpoena is directed to 
                refrain from notifying any other party or person 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 paragraph (2) 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 or custody 
                        or confinement after conviction;
                            ``(iii) destruction or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses; 
                        or
                            ``(v) otherwise seriously jeopardizing an 
                        investigation or undue delay in trial.
    ``(g) Immunity From Civil Liability.--Any person including 
officers, agents, and employees, who in good faith produce the records 
or items required 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 of 
the following:

``1075. Administrative subpoenas to apprehend fugitives.''.
                                 <all>