[Congressional Record (Bound Edition), Volume 146 (2000), Part 11]
[Senate]
[Pages 16416-16420]
[From the U.S. 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

       ``(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.

[[Page 16417]]

       ``(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 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.

[[Page 16418]]

  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 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

[[Page 16419]]

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.

       (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

       ``(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;

[[Page 16420]]

       ``(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;
       (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.

                          ____________________