II

106TH CONGRESS

2D SESSION S. 2761

To fund task forces to locate and apprehend fugitives in Federal, State,

and local felony criminal cases and to provide administrative subpoena

authority.

IN THE SENATE OF THE UNITED STATES

JUNE 21, 2000

Mr. LEAHY (for himself and Mr. KOHL) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To fund task forces to locate and apprehend fugitives in

Federal, State, and local felony criminal cases and to

provide administrative subpoena authority.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Capturing Criminals

5 Act of 2000’’.

6 SEC. 2. FUGITIVE APPREHENSION TASK FORCES.

7 (a) IN GENERAL.—The Attorney General is author8 ized to establish, upon consultation with the Secretary of

9 the Treasury and appropriate law enforcement officials in
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1 the States, Fugitive Apprehension Task Forces, consisting

2 of Federal, State, and local law enforcement authorities

3 in designated regions of the United States, to be coordi4 nated by the Director of the United States Marshals Serv5 ice, for the purpose of locating and apprehending fugitives,

6 as defined by section 1075 of title 18, United States Code,

7 as added by this Act.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to the United States

10 Marshals Service to carry out the provisions of this section

11 $20,000,000 for fiscal year 2001, $5,000,000 for fiscal

12 year 2002, and $5,000,000 for fiscal year 2003.

13 (c) OTHER FEDERAL AND STATE LAW.—Nothing in

14 this section shall be construed to limit the authority under

15 any other provision of Federal or State law to locate or

16 apprehend a fugitive .

17 SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND FU18 GITIVES.

19 (a) IN GENERAL.—Chapter 49 of title 18, United

20 States Code, is amended by adding at the end the fol21 lowing:

22 ‘‘§ 1075. Administrative subpoenas to apprehend fugi23 tives

24 ‘‘(a) DEFINITIONS.—In this section—

25 ‘‘(1) the term ‘fugitive’ means a person who—
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1 ‘‘(A) having been accused by complaint, in2 formation or indictment, or having been con3 victed of committing, a felony under Federal

4 law, flees from or evades (or attempts to flee

5 from or evade) the jurisdiction of the court with

6 jurisdiction over the felony;

7 ‘‘(B) having been accused by complaint, in8 formation or indictment, or having been con9 victed of committing, a felony under State law,

10 flees from or evades (or attempts to flee from

11 or evade) the jurisdiction of the court with ju12 risdiction over the felony;

13 ‘‘(C) escapes from lawful Federal or State

14 custody after having been accused by complaint,

15 information or indictment, or convicted, of com16 mitting a felony under Federal or State law; or

17 ‘‘(D) is in violation of paragraph (2) or (3)

18 of the first undesignated paragraph of section

19 1073;

20 ‘‘(2) the term ‘investigation’ means, with re21 spect to a State fugitive described in subparagraph

22 (B) or (C) of paragraph (1), an investigation in

23 which there is reason to believe that the fugitive fled

24 from or evaded (or attempted to flee from or evade)

25 the jurisdiction of the court, or escaped from cus-
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1 tody, in or affecting, or using any facility of, inter2 state or foreign commerce, or as to whom an appro3 priate law enforcement officer or official of a State

4 or political subdivision has requested the Attorney

5 General to assist in the investigation, and the Attor6 ney General finds that the particular circumstances

7 of the request give rise to a Federal interest suffi8 cient for the exercise of Federal jurisdiction under

9 section 1075; and

10 ‘‘(3) the term ‘State’ means a State of the

11 United States, the District of Columbia, and any

12 commonwealth, territory, or possession of the United

13 States.

14 ‘‘(b) SCOPE.—In any investigation with respect to the

15 apprehension of a fugitive, the Attorney General may sub16 poena witnesses for the purpose of the production of any

17 records (including books, papers, documents, electronic

18 data, and other tangible and intangible items that con19 stitute or contain evidence) that the Attorney General

20 finds, based upon articulable facts, are relevant to dis21 cerning the fugitive’s whereabouts. A subpoena under this

22 subsection shall describe the records or items required to

23 be produced and prescribe a return date within a reason24 able period of time within which the records or items can

25 be assembled and made available.
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1 ‘‘(c) JURISDICTION.—The attendance of witnesses

2 and the production of records may be required from any

3 place in any State or any other place subject to the juris4 diction of the United States at any designated place where

5 the witness is served with a subpoena, except that a wit6 ness shall not be required to appear more than 500 miles

7 distant from the place where the witness was served. Wit8 nesses subpoenaed under this section shall be paid the

9 same fees and mileage that are paid witnesses in the

10 courts of the United States.

11 ‘‘(d) SERVICE.—A subpoena issued under this section

12 may be served by any person designated in the subpoena

13 as the agent of service. Service upon a natural person may

14 be made by personal delivery of the subpoena to that per15 son or by certified mail with return receipt requested.

16 Service may be made upon a domestic or foreign corpora17 tion, a partnership, or other unincorporated association

18 that is subject to suit under a common name, by delivering

19 the subpoena to an officer, a managing or general agent,

20 or to any other agent authorized by appointment or by

21 law to receive service of process. The affidavit of the per22 son serving the subpoena entered on a true copy thereof

23 by the agent of service shall be proof of service.

24 ‘‘(e)ENFORCEMENT.—
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1 ‘‘(1) NONCOMPLIANCE.—In the case of the con2 tumacy by or refusal to obey a subpoena issued to

3 any person, the Attorney General may invoke the aid

4 of any court of the United States within the jurisdic5 tion of which the investigation is carried on or of

6 which the subpoenaed person is an inhabitant, or in

7 which he carries on business or may be found, to

8 compel compliance with the subpoena. The court

9 may issue an order requiring the subpoenaed person

10 to appear before the Attorney General to produce

11 records if so ordered. Any failure to obey the order

12 of the court may be punishable by the court as con13 tempt thereof. All process in any such case may be

14 served in any judicial district in which the person

15 may be found.

16 ‘‘(2) RIGHTS OF A SUBPOENA RECIPIENT.—Not

17 later than 20 days after the date of service of an ad18 ministrative subpoena under this section upon any

19 person, or at any time before the return date speci20 fied in the subpoena, whichever period is shorter,

21 such person may file, in the district court of the

22 United States for the judicial district within which

23 such person resides, is found, or transacts business,

24 a petition to modify or quash such subpoena on

25 grounds that—
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1 ‘‘(A) the terms of the subpoena are unrea2 sonable or unnecessary;

3 ‘‘(B) the subpoena fails to meet the re4 quirements of this section; or

5 ‘‘(C) the subpoena violates the constitu6 tional rights or any other legal right or privilege

7 of the subpoenaed party.

8 ‘‘(3) TIME FOR RESPONSE.—The time allowed

9 for compliance with a subpoena in whole or in part

10 shall be suspended during the pendency of a petition

11 filed under paragraph (2). Such petition shall speci12 fy the grounds upon which the petitioner relies in

13 seeking relief.

14 ‘‘(f) DELAYED NOTICE.—

15 ‘‘(1) IN GENERAL.—Where an administrative

16 subpoena is issued under this section to a provider

17 of electronic communication service (as defined in

18 section 2510 of this title) or remote computing serv19 ice (as defined in section 2711 of this title), the At20 torney General may—

21 ‘‘(A) in accordance with section 2705(a) of

22 this title, delay notification to the subscriber or

23 customer to whom the record pertains; and

24 ‘‘(B) apply to a court, in accordance with

25 section 2705(b) of this title, for an order com-
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1 manding the provider of electronic communica2 tion service or remote computing service not to

3 notify any other person of the existence of the

4 subpoena or court order.

5 ‘‘(2) SUBPOENAS FOR FINANCIAL RECORDS.—If

6 a subpoena is issued under this section to a financial

7 institution for financial records of any customer of

8 such institution, the Attorney General may apply to

9 a court under section 1109 of the Right to Financial

10 Privacy Act of 1978 (12 U.S.C. 3409) for an order

11 to delay customer notice as otherwise required.

12 ‘‘(3) NONDISCLOSURE REQUIREMENTS.—Ex13 cept as provided in paragraphs (1) and (2), the At14 torney General may apply to a court for an order re15 quiring the party to whom an administrative sub16 poena is directed to refrain from notifying any other

17 party of the existence of the subpoena or court order

18 for such period as the court deems appropriate. The

19 court shall enter such order if it determines that

20 there is reason to believe that notification of the ex21 istence of the administrative subpoena will result

22 in—

23 ‘‘(A) endangering the life or physical safety

24 of an individual;

25 ‘‘(B) flight from prosecution;
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1 ‘‘(C) destruction of or tampering with evi2 dence;

3 ‘‘(D) intimidation of potential witnesses; or

4 ‘‘(E) otherwise seriously jeopardizing an

5 investigation or undue delay of a trial.

6 ‘‘(g) IMMUNITY FROM CIVIL LIABILITY.—Any per7 son, including officers, agents, and employees, who in good

8 faith produce the records or items requested in a subpoena

9 shall not be liable in any court of any State or the United

10 States to any customer or other person for such produc11 tion or for nondisclosure of that production to the cus12 tomer, in compliance with the terms of a court order for

13 nondisclosure.

14 ‘‘(h) DELEGATION.—The Attorney General and the

15 Secretary of the Treasury shall issue guidelines governing

16 the issuance of administrative subpoenas. Such guidelines

17 shall mandate that administrative subpoenas may be

18 issued only after review and approval of senior supervisory

19 personnel within the Department of Justice and the De20 partment of the Treasury.

21 ‘‘(i) REPORT.—The Attorney General shall report in

22 January of each year to the Committees on the Judiciary

23 of the Senate and the House of Representatives on the

24 number of administrative subpoenas issued under this sec25 tion, whether each matter involved a fugitive from Federal
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1 or State charges, and identification of the agency issuing

2 the subpoena and imposing the charges. This reporting re3 quirement shall terminate in 3 years after enactment.’’.

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

5 The analysis for chapter 49 of title 18, United States

6 Code, is amended by adding at the end the following:

‘‘1075. Administrative subpoenas to apprehend fugitives.’’.

7 SEC. 4. STUDY AND REPORT OF THE USE OF ADMINISTRA8 TIVE SUBPOENAS.

9 Not later than December 31, 2001, the Attorney

10 General shall complete a study on the use of administra11 tive subpoena power by executive branch agencies or enti12 ties and shall report the findings to the Committees on

13 the Judiciary of the Senate and the House of Representa14 tives. Such report shall include—

15 (1) a description of the sources of administra16 tive subpoena power and the scope of such subpoena

17 power within executive branch agencies;

18 (2) a description of applicable subpoena en19 forcement mechanisms;

20 (3) a description of any notification provisions

21 and any other provisions relating to safeguarding

22 privacy interests;

23 (4) a description of the standards governing the

24 issuance of administrative subpoenas; and
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1 (5) recommendations from the Attorney Gen2 eral regarding necessary steps to ensure that admin3 istrative subpoena power is used and enforced con4 sistently and fairly by executive branch agencies.

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