[Congressional Record Volume 146, Number 55 (Monday, May 8, 2000)]
[Senate]
[Pages S3612-S3614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THURMOND (for himself and Mr. Biden):
  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; to the Committee on the Judiciary.


                   fugitive apprehension act of 2000

  Mr. THURMOND. Mr. President, I rise today to introduce legislation on 
behalf of myself and Senator Biden that will help address the growing 
problem of fugitives by giving the U.S. Marshals Service tools they 
need to apprehend fugitives from justice. Senator Biden and I have 
worked together many times over the years in support of Federal law 
enforcement.
  Fugitives are those who the courts have found warrant prosecution or 
have already been found guilty, but are attempting to beat the system. 
These are individuals who, by their conduct, have indicated a complete 
lack of respect for our Nation's criminal justice system. This 
situation represents not only an outrage to the rule of law but also a 
threat to the safety and security of Americans. Fugitives from justice 
often continue to commit additional crimes while running free on the 
streets.
  According to some estimates, there are approximately 45,000 fugitives 
from justice in Federal felony cases. The number of serious Federal 
offense warrants received by the U.S. Marshals Service has increased 
each year for the past 4 years. Also, over one-half million fugitives 
in State and local felony cases have been entered into the database of 
the National Crime Information Center or NCIC. This number is up from 
340,000 reported in 1990. Also, the NCIC receives only about 20 percent 
of all outstanding State and local felony warrants in the country. If 
the NCIC estimates are correct, then there could be over 2.5 million 
State local fugitive warrants in felony cases alone. This does not even 
include misdemeanor warrants.
  Mr. President, this is a serious problem. We must do more to address 
the growing threat of fugitives on the State and Federal level. It is 
critical to our fight against crime.
  Task forces have been shown to be successful in tracking fugitives. 
This legislation would create more multi-agency task forces around the 
country to locate and apprehend the enormous number of fugitives 
nationwide. The marshals involved would be directed by headquarters, so 
they would not be diverted to tasks such as courtroom security. Also, 
the task forces would be a joint effort, staffed by U.S. Marshals and 
State and local law enforcement authorities. These task forces would 
share case workload and intelligence to locate and apprehend fugitives 
wanted in their jurisdictions.
  Fugitives are the one investigative priority of the U.S. Marshals 
Service. Because of this expertise, the marshals have been able to 
specialize their personnel and investigative techniques to deal with 
this one critical mission. Conducting an investigation to make a 
criminal case against someone is nothing like trying to find a person 
who does not want to be found. The same techniques used to conduct 
criminal investigations cannot be used successfully in fugitive 
investigations. This puts the majority of law enforcement agencies at a 
disadvantage, especially State and local law enforcement, who are 
forced to put their resources into a wide variety of normal police 
duties. These task forces can help State and local law enforcement 
develop greater expertise in this area so they can be more efficient 
and successful in tracking fugitives.

  Fugitive investigations are very fluid and time sensitive. The 
difference between locating and apprehending a fugitive or missing the 
individual can be merely a matter of minutes.
  The time-sensitive nature of these investigations often creates 
problems under current Federal law. As a general matter, if there is no 
intent to indict the fugitive for escape, which is true in most 
fugitive cases, investigators may not use a grand jury subpoena to 
obtain information on the fugitive. Although investigators can get 
information through application to the court, the time necessary in 
seeking Federal court orders can make the difference between 
apprehension and further flight of the fugitive.
  This bill would remedy this deficiency in the law by providing the 
U.S. Marshals Service administrative subpoena authority in fugitive 
investigations. This subpoena authority is based on the same authority 
current law already provides to the Drug Enforcement Administration in 
drug investigations.

[[Page S3613]]

  In summary, this bill would help bring to justice dangerous fugitives 
that are roaming the streets of America. I hope my colleagues will 
support this important initiative.
  I ask unanimous consent to print into the Record a copy of the bill 
and a section-by-section explanation of its provisions.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2516

       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 
     2000''.

     SEC. 2. FUGITIVE APPREHENSION TASK FORCES.

       (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.
       (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.

     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) In this section--
       ``(1) the term `fugitive' means a person who--
       ``(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;
       ``(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;
       ``(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
       ``(D) is in violation of subparagraph (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 pursuant to section 1075;
       ``(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
       ``(4) the term `relevant or material' means there are 
     articulable facts that show the fugitive's whereabouts may be 
     discerned from the records sought.
       ``(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.
       ``(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.
       ``(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.
       ``(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).
       ``(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.
       ``(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.''.
       (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.''.
                                  ____


     Section-by-Section Analysis--Fugitive Apprehension act of 2000

     Section 1. Short title
       The title is the ``Fugitive Apprehension Act of 2000.''
     Section 2. Fugitive apprehension task forces
       The purpose of this provision is to assist Federal, state 
     and local law enforcement authorities by forming several 
     multiagency task forces around the country to locate and 
     apprehend fugitives wanted by their jurisdictions.
       The bill would authorize to be appropriated to the U.S. 
     Marshal Service funds to establish new permanent Fugitive 
     Apprehension Task Forces and supplement task forces already 
     operating in areas throughout the United States. The task 
     forces would be totally dedicated to locating and 
     apprehending fugitives under the direction of a National 
     Director and not under a specific District to insure that 
     they are not utilized for other USMS missions.
     Section 3. Administrative subpoena authority
       As a general matter, under Federal law, if there is no 
     intent to seek Federal indictment--as is true in a great 
     majority of fugitive apprehension investigations--law 
     enforcement officers may not use a grand jury subpoena to 
     obtain information relevant to a fugitive investigation. 
     Indeed, to do so would constitute abuse of the grand jury 
     process. Although there are some mechanisms to obtain this 
     information through application to the court, time spent by 
     law enforcement seeking state and federal court orders to 
     obtain the release of information can make the difference 
     between apprehension or further flight of a fugitive.
       This provision would remedy the current deficiency in the 
     law by providing for administrative subpoena authority in 
     fugitive investigations. The provision is based on the 
     administrative subpoena authority provided in title 21, 
     United States Code, Section 876, which authorizes the 
     Attorney General to issue administrative subpoenas in 
     controlled substance related criminal investigations and 
     administrative proceedings. However, this provision 
     incorporates significant restrictions on its use in order to 
     satisfy concerns over an expansion in the use of 
     administrative subpoenas.
       First, this is more narrowly tailored than Title 21, United 
     States Code, Section 876. The proposed section 1075 
     authorizes the Attorney General to obtain only documents in 
     response to the subpoena, not testimony.
       Second, the statute is limited in its application to 
     fugitives in Federal and state felony cases, not just those 
     suspected of committing crimes. The authority would only 
     apply to those who had been indicted.
       Third, the statute strictly controls any delegation of the 
     Attorney General's authority to issue such subpoenas, by 
     requiring that any such delegation be accomplished only 
     through formal Attorney General guidelines that would be 
     subject to scrutiny. These guidelines would require that an 
     official at the level of Assistant Director in the Marshals 
     Service must approve any such subpoena.
       Fourth, the statute requires that before a subpoena can be 
     issued, the Attorney General must find that the records 
     sought are ``relevant or material,'' i.e., there are 
     ``articulable facts'' that show the fugitive's whereabouts 
     may be discerned from the records sought.
       Fifth, the statute makes clear that an administrative 
     subpoena issued under this section does not ``trump'' 
     protections accorded records under existing statutes, such as 
     electronic records whose production is covered by section 
     2703 of Title 18 and financial records whose production is 
     covered by section 3402 of Title 12. Rather, this statute is 
     to be construed and applied consistent with such existing 
     statutes.
       Sixth, the statute requires the Marshals Service to report 
     to the Attorney General quarterly regarding the number of 
     administrative subpoenas issued, and this report will be 
     submitted to the Congress.

[[Page S3614]]

       This provision would help bring to justice the larger 
     number of federal fugitives whom the government has already 
     decided merit prosecution insofar as they have been 
     charged with and or convicted of a Federal felony offense 
     or have escaped after having been convicted of such an 
     offense. By their conduct, these individuals have 
     indicated a complete lack of respect for our nation's 
     criminal justice system. As to these fugitives, the 
     government does not need proof that they have moved in 
     interstate commerce prior to issuing a subpoena.
       The provision also would allow Federal law enforcement 
     officials to issue an administrative subpoena to assist state 
     law enforcement officials in apprehending state fugitives 
     when they affect interstate commerce or when there is a 
     request for assistance from the appropriate state official, 
     and the Attorney General finds that the request gives rise to 
     a Federal interest sufficient to warrant the exercise of 
     Federal jurisdiction under section 1705. This portion of the 
     statute is modeled on similar provisions in Title 28 U.S.C. 
     sections 540 and 540a. It responds to the need of state 
     officials to use the unique, nationwide detection and 
     enforcement capabilities of Federal law enforcement agencies 
     in apprehending fugitives, many of whom cross state lines to 
     avoid capture. It also recognizes the importance of, and 
     provides additional support for, ongoing cooperation between 
     state and Federal officials in capturing fugitives, 
     particularly in joint Federal/state task forces.
       Under Title 28 U.S.C. Section 566(e)(1)(B), the U.S. 
     Marshal Service has authority to investigate fugitive matters 
     ``as directed by the Attorney General.'' The FBI has 
     authority to investigate fugitive matters (in violation of 
     Title 18 U.S.C. section 1073) under Title 28 U.S.C. section 
     533(1). This bill would neither increase nor decrease the 
     Attorney General's authority under those statutory provisions 
     to direct the activities of the Marshal Service and the FBI.
       Finally, it would provide investigators a mechanism to 
     obtain documentary information in cases alleging a violation 
     under the Unlawful Flight to Avoid Prosecution (UFAP) statute 
     for fugitives fleeing from the testimonial responsibilities 
     or to avoid lawful process, 18 U.S.C. section 1073(2) and 
     (3). For this lower priority category of fugitives, it 
     incorporates by reference the UFAP interstate movement 
     requirement.
                                 ______