Congressional Record, Volume 146 Issue 99 (Wednesday, July 26, 2000)

[Congressional Record Volume 146, Number 99 (Wednesday, July 26, 2000)]
[Senate]
[Pages S7715-S7720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FUGITIVE APPREHENSION ACT OF 2000

Mr. DeWINE. Mr. President, I ask unanimous consent that the Senate
now proceed to the consideration of Calendar No. 695, S. 2516.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (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, and for other purposes.

There being no objection, the Senate proceeded to consider the bill
which had been reported from the Committee on the Judiciary, with an
amendment, as follows:

(Strike out all after the enacting clause and insert the part printed
in italic)

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 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. 1075. Administrative subpoenas to apprehend fugitives

[[Page S7716]]

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.

Amendment No. 4020

Mr. DeWINE. Mr. President, I send an amendment to the desk on behalf
of Senators Thurmond, Biden, and Leahy.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Ohio (Mr. DeWine) for Mr. Thurmond, Mr.
Biden, and Mr. Leahy, proposes an amendment numbered 4020.

The amendment is as follows:

(Purpose: To impose nondisclosure requirements, and for other purposes)

On page 14, beginning with line 21, strike through page 15,
line 20 and insert the following:
``(3) Nondisclosure requirements.--
``(A) In general.--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.
``(B) 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--
``(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 of a trial.
On page 16, line 9 insert ``, in consultation with the
Secretary of the Treasury,'' after ``eral''.

Mr. THURMOND. Mr. President, I am very pleased that tonight the
Senate is considering S. 2516, the Fugitive Apprehension Act. Senator
Biden and I introduced this important legislation to help address the
serious threat of federal and state fugitives. The need for it was
clearly demonstrated in a hearing I held on this matter last month in
my subcommittee.
The number of wanted persons is truly alarming. There are over 38,000
felony warrants outstanding in federal cases. There are over one-half
million felony or other serious fugitives listed in the National Crime
Information Center database. Yet, this is far less than the actual
number of dangerous fugitives roaming the streets because many states
do not put all dangerous wanted persons into the database. As recently
reported in the Washington Post, California has 2.5 million unserved
felony and misdemeanor warrants, and Baltimore has 61,000.
While violent crime in the United States has been decreasing in
recent years, the number of serious fugitives has been climbing. The
number of N.C.I.C. fugitives has doubled since 1987, and continues to
rise steadily each year.
Fugitives represent not only an outrage to the rule of law, they are
also a serious threat to public safety. Many of

[[Page S7717]]

them continue to commit additional crimes while they roam undetected.
The bill would provide $40 million dollars over three years for the
Marshals Service to form fugitive task forces with state and local
authorities. The Marshals Service is the lead federal agency regarding
this matter. Task forces combine the expertise of the Marshals Service
in these specialized investigations with the knowledge that local law
enforcement has about their communities. This teamwork helps
authorities prioritize and apprehend large numbers of dangerous
criminals.
The legislation would also provide administrative subpoena authority,
which would allow investigators to track down leads about wanted
persons faster and more efficiently. Currently, the time it takes to
get vital information, such as telephone or apartment rental records,
through a formal court order can make the difference between whether a
fugitive is apprehended or remains on the run.
This bill has been endorsed by various law enforcement organizations,
including the National Sheriffs Association, the Fraternal Order of
Police, and the National Association of Police Organizations, and the
subpoena authority is supported by the Administration. This is an
important step that we can take to help federal and state law
enforcement address the serious fugitive threat that exists in our
country.
I ask consent to have printed in the Record a section-by-section
analysis of the bill.
There being no objection, the analysis was ordered to be printed in
the Record, as follows:

Section-by-Section Analysis

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 multi-agency
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.
Marshals Service $40 million dollars over three years to
establish new, permanent Fugitive Apprehension Task Forces
and supplement the efforts of task forces already operating
in areas throughout the United States. The Fugitive
Apprehension 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 Marshals Service
missions.
Section 3. Administrative subpoena authority
This section of the bill creates a new section 1075 in
Title 18, United States Code, providing for administrative
subpoena authority to ascertain the whereabouts of fugitives.
Section 1075(a) contains various definitions for
``fugitive,'' ``investigation,'' and ``state,'' that delimit
the scope of the section's operative provisions.
Section 1075(b) provides for the issuance of administrative
subpoenas in investigations as defined in section 1075(a).
The Attorney General may subpoena witnesses for the
production of records the Attorney General finds, based on
articulable facts, are relevant to discerning the whereabouts
of a fugitive. A subpoena must 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. Witnesses may not be
required to travel more than 500 miles from the place of
service of the subpoena, and must be paid the same fees and
mileage paid witnesses in United States courts.
Section 1075(c) provides for methods of service of a
subpoena under this section.
Section 1075(d) empowers courts to enforce subpoenas issued
under this section. Subpoena recipients may move to modify or
quash an administrative subpoena within 20 days of service of
the subpoena, or prior to the return date, whichever period
is shorter, on specified grounds.
Section 1075(e) provides that the Attorney General must
issue a report to the Congress about the use of this section,
for the first three years following enactment of the statute.
Section 1075(f) provides that the Attorney General shall
issue guidelines governing the issuance of administrative
subpoenas aimed at the apprehension of fugitives as
authorized by this section. The guidelines shall mandate that
no such subpoenas issue absent review and approval of senior
supervisory personnel within the respective investigative
agency or component of the Department of Justice.
Section 1075(g) provides that administrative subpoenas
issued to a provider of electronic communication service (as
defined in 18 U.S.C. Sec. 2510) or remote computing service
(as defined in 18 U.S.C. Sec. 2711) may include delayed
notification and nondisclosure provisions consistent with 18
U.S.C. Sec. 2705. Paragraph (g) further provides that
subpoenas issued under this section for financial records are
subject to the Attorney General's power to request a delayed
customer notice pursuant to 12 U.S.C. Sec. 3409.
Administrative subpoenas issued pursuant to this section
should be governed, where appropriate, by 18 U.S.C. Sec. 2705
and 12 U.S.C. Sec. 3409. Otherwise, the Attorney General may
apply for a court order imposing a non-disclosure period for
specified reasons.
Section 1075(h) provides that good faith compliance with a
subpoena issued under this section, and good faith compliance
with a nondisclosure order under this provision (whether
incorporated in a subpoena by the Attorney General or
separately ordered by a court), will be immunized from civil
liability in state and federal courts.
Section 4. Study and report of the use of administrative
subpoenas
This section requires the Attorney General, in consultation
with the Secretary of the Treasury, to complete a study of
the use of administrative subpoena power, and report to the
Congress by December 31, 2001.
Mr. LEAHY. Mr. President, I am pleased that the Senate is passing S.
2516, ``The Fugitive Apprehension Act of 2000.''
During Senate Judiciary Committee consideration of this legislation,
we were able to reconcile in the Thurmond-Biden-Leahy substitute
amendment to S. 2516, the significant differences between that bill, as
introduced, and S. 2761, ``The Capturing Criminals Act,'' which I
introduced with Senator Kohl on June 21, 2000. I commend Senators
Thurmond and Biden for their leadership on this issue and am glad we
were able to make a number of changes to the bill to ensure that the
authority granted is consistent with privacy and other appropriate
safeguards.
As a former prosecutor, I am well aware that fugitives from justice
are an important problem and that their capture is an essential
function of law enforcement. According to the FBI, nearly 550,000
people are currently fugitives from justice on federal, state, and
local felony charges combined. This means that there are almost as many
fugitive felons as there are citizens residing in my home state of
Vermont.
The fact that we have more than one half million fugitives from
justice, a significant portion of whom are convicted felons in
violation of probation or parole, who have been able to flaunt courts
order and avoid arrest, breeds disrespect for our laws and poses
undeniable risks to the safety of our citizens.
Our federal law enforcement agencies should be commended for the job
they have been doing to date on capturing federal fugitives and helping
the states and local communities bring their fugitives to justice. The
U.S. Marshals Service, our oldest law enforcement agency, has arrested
over 120,000 federal, state and local fugitives in the past four years,
including more federal fugitives than all the other federal agencies
combined. In prior years, the Marshals Service spearheaded special
fugitive apprehension task forces, called FIST Operations, that
targeted fugitives in particular areas and was singularly successful in
arresting over 34,000 fugitive felons.
Similarly, the FBI has established twenty-four Safe Streets Task
Forces exclusively focused on apprehending fugitives in cities around
the country. Over the period of 1995 to 1999, the FBI's efforts have
resulted in the arrest of a total of 65,359 state fugitives.
Nevertheless, the number of outstanding fugitives is too large. The
substitute amendment we consider today will help make a difference by
providing new but limited administrative subpoena authority to the
Department of Justice to obtain documentary evidence helpful in
tracking down fugitives and by authorizing the Attorney General to
establish fugitive task forces.
``Administrative subpoena'' is the term generally used to refer to a
demand for documents or testimony by an investigative entity or
regulatory agency that is empowered to issue the subpoena independently
and without the approval of any grand jury, court or other judicial
entity. I am generally skeptical of administrative subpoena power.
Administrative subpoenas avoid the strict grand jury secrecy rules and
the documents provided in response to such subpoenas are, therefore,
subject to broader dissemination. Moreover, since investigative agents
issue such subpoenas directly, without review by

[[Page S7718]]

a judicial officer or even a prosecutor, fewer ``checks'' are in place
to ensure the subpoena is issued with good cause and not merely as a
fishing expedition.
Nonetheless, unlike initial criminal inquiries, fugitive
investigations present unique difficulties. Law enforcement may not use
grand jury subpoenas since, by the time a person is a fugitive, the
grand jury phase of an investigation is usually over. Use of grand jury
subpoenas to obtain phone or bank records to track down a fugitive
would be an abuse of the grand jury. Trial subpoenas may also not be
used, either because the fugitive is already convicted or no trial may
take place without the fugitive.
This inability to use trial and grand jury subpoenas for fugitive
investigations creates a gap in law enforcement procedures. Law
enforcement partially fills this gap by using the All Writs Act, 28
U.S.C. Sec. 1651(a), which authorizes federal courts to ``issue all
writs necessary or appropriate in aid of their respective jurisdictions
and agreeable to the usages and principles of law.'' The procedures,
however, for obtaining orders under this Act, and the scope and non-
disclosure terms of such orders, vary between jurisdictions.
Thus, authorizing administrative subpoena power will help bridge the
gap in fugitive investigations to allow federal law enforcement
agencies to obtain records useful for tracking a fugitive's
whereabouts.
The Thurmond-Biden-Leahy substitute amendment incorporates a number
of provisions from the Leahy-Kohl ``Capturing Criminals Act'' and makes
significant and positive modifications to the original version of S.
2516. First, as introduced, S. 2516 would have limited use of an
administrative subpoena to those fugitives who have been ``indicted,''
and failed to address the fact that fugitives flee after arrest on the
basis of a ``complaint'' and may flee after the prosecutor has filed an
``information'' in lieu of an indictment. The substitute amendment, by
contrast, would allow use of such subpoenas to track fugitives who have
been accused in a ``complaint, information or indictment.''
Second, S. 2516, as introduced, would have required the U.S. Marshal
Service to report quarterly to the Attorney General (who must transmit
the report to Congress) on use of the administrative subpoenas. While a
reporting requirement is useful, the requirement as described in the
original S. 2516 was overly burdensome and insufficiently specific. The
substitute amendment, as in the Capturing Criminals Act, would require
the Attorney General to report for the next three years to the
Judiciary Committees of both the House and Senate with the following
information about the use of administrative subpoenas in fugitive
investigations: the number issued, by which agency, identification of
the charges on which the fugitive was wanted and whether the fugitive
was wanted on federal or state charges.

Third, although the original S. 2516 outlined the procedures for
enforcement of an administrative subpoena, it was silent on the
mechanisms for contesting the subpoena by the recipient. The substitute
amendment expressly addresses this issue. As set forth in the Capturing
Criminals Act, this substitute amendment would allow a person who is
served with an administrative subpoena to petition a court to modify or
set aside the subpoena on grounds that compliance would be
``unreasonable or oppressive'' (a standard used in Fed. R. Crim. P. 17
for trial subpoenas) or would violate constitutional or other legal
rights of the person.
Fourth, the original S. 2516 did not provide, or set forth a
procedure, for the government to command a custodian of records not to
disclose or to delay notice to a customer about the existence of the
subpoena. This is particularly critical in fugitive investigations when
law enforcement does not want to alert the fugitive that the police are
on his/her trail. The substitute amendment incorporates from the
Capturing Criminals Act the express authority for law enforcement to
apply for a court order directing the custodian of records to delay
notice to subscribers of the existence of the subpoena on the same
terms applicable in current law to other subpoenas issued to phone
companies and other electronic service providers and to banks.
Fifth, the original S. 2516 did not provide any immunity from civil
liability for persons complying with administrative subpoenas in
fugitive investigations. As in the Capturing Criminals Act, the
substitute amendment would provide immunity from civil liability for
good faith compliance with an administrative subpoena, including non-
disclosure in compliance with the terms of a court order.
Sixth, S. 2516, as introduced, would have authorized use of an
administrative subpoena upon a finding by the Attorney General that the
documents are ``relevant and material,'' which is further defined to
mean that ``there are articulable facts that show the fugitive's
whereabouts may be discerned from the records sought.'' Changing the
standard for issuance of a subpoena from ``relevancy'' to a hybrid of
``relevant and material'' sets a confusing and bad precedent.
Accordingly, the substitute amendment would authorize issuance of an
administrative subpoena for documents if the Attorney General finds
based upon articulable facts that they are relevant to discerning the
fugitive's whereabouts.
Seventh, the original S. 2516 authorized the Attorney General to
issue guidelines delegating authority for issuance of administrative
subpoenas only to the Director of the U.S. Marshals Service, despite
the fact that the FBI, and the Drug Enforcement Administration also
want this authority to find fugitives on charges over which they have
investigative authority. The substitute amendment would authorize the
Attorney General to issue guidelines delegating authority for issuance
of administrative subpoenas to supervisory personnel within components
of the Department.
Eighth, the original S. 2516 did not address the issue that a variety
of administrative subpoena authorities exist in multiple forms in every
agency. The substitute amendment incorporates from the Capturing
Criminals Act a requirement that the Attorney General provide a report
on this issue.
Finally, as introduced, S. 2516 authorized the U.S. Marshal Service
to establish permanent Fugitive Apprehension Task Forces. By contrast,
the substitute amendment would authorize $40,000,000 over three years
for the Attorney General to establish multi-agencytask forces (which
will be coordinated by the Director of the Marshals Service) in
consultation with the Secretary of the Treasury and the States, so that
the Secret Service, BATF, the FBI and the States are able to
participate in the Task Forces to find their fugitives.
This Thurmond-Biden-Leahy substitute amendment makes necessary
changes to this bill that will help law enforcement--with increased
resources for regional fugitive apprehension task forces and
administrative subpoena authority--bring to justice both federal and
state fugitives who, by their conduct, have demonstrated a lack of
respect for our nation's criminal justice system.
Mr. DeWINE. Mr. President, I ask unanimous consent the amendment be
agreed to, the committee substitute amendment, as amended, agreed to,
the bill be read the third time and passed, the motion to reconsider be
laid upon the table, and that any statements relating to the bill be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4020) was agreed to.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill (S. 2516), as amended, was passed.

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.

[[Page S7719]]

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. 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.
``(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 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.
``(B) 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--
``(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 of a 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, in
consultation with the Secretary of the Treasury, 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;

[[Page S7720]]

(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.

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