II

106TH CONGRESS

2D SESSION 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.

IN THE SENATE OF THE UNITED STATES

MAY 8, 2000

Mr. THURMOND (for himself and Mr. BIDEN) 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 give

administrative subpoena authority to the United States

Marshals Service.

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 ‘‘Fugitive Apprehension

5 Act of 2000’’.

6 SEC. 2. FUGITIVE APPREHENSION TASK FORCES.

7 (a) IN GENERAL.—The Director of the United States

8 Marshal Service shall establish permanent Fugitive Appre-
2

•S 2516 IS

1 hension Task Forces in areas of the United States as de2 termined by the Director to locate and apprehend fugi3 tives.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated to the United States

6 Marshal Service to carry out the provisions of this section

7 $32,100,000 for the fiscal year 2001, $5,000,000 for fis8 cal year 2002, and $8,000,000 for fiscal year 2003.

9 SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND FU10 GITIVES.

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

12 States Code, is amended by adding at the end the fol13 lowing:

14 ‘‘§ l075. Administrative subpoenas to apprehend fugi15 tives

16 ‘‘(a) In this section—

17 ‘‘(1) the term ‘fugitive’ means a person who—

18 ‘‘(A) having been indicted under Federal

19 law or having been convicted of committing a

20 felony under Federal law, flees or attempts to

21 flee from or evades or attempts to evade the ju22 risdiction of the court with jurisdiction over the

23 felony;

24 ‘‘(B) having been indicted under State law

25 or having been convicted of committing a felony
3

•S 2516 IS

1 under State law, flees or attempts to flee from,

2 or evades or attempts to evade, the jurisdiction

3 of the court with jurisdiction over the felony;

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

5 custody after having been indicted or having

6 been convicted of committing a felony under

7 Federal or State law; or

8 ‘‘(D) is in violation of subparagraph (2) or

9 (3) of the first undesignated paragraph of sec10 tion 1073;

11 ‘‘(2) the term ‘investigation’ means, with re12 spect to a State fugitive described in subparagraph

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

14 which there is reason to believe that the fugitive fled

15 from or evaded, or attempted to flee from or evade,

16 the jurisdiction of the court, or escaped from cus17 tody, in or affecting, or using any facility of, inter18 state or foreign commerce, or as to whom an appro19 priate law enforcement officer or official of a State

20 or political subdivision has requested the Attorney

21 General to assist in the investigation, and the Attor22 ney General finds that the particular circumstances

23 of the request give rise to a Federal interest suffi24 cient for the exercise of Federal jurisdiction pursu25 ant to section 1075;
4

•S 2516 IS

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

2 United States, the District of Colombia, and any

3 commonwealth, territory, or possession of the United

4 States; and

5 ‘‘(4) the term ‘relevant or material’ means there

6 are articulable facts that show the fugitive’s where7 abouts may be discerned from the records sought.

8 ‘‘(b) In any investigation with respect to the appre9 hension of a fugitive, the Attorney General may subpoena

10 witnesses for the purpose of the production of any records

11 (including books, papers, documents, electronic data, and

12 other tangible and intangible items that constitute or con13 tain evidence) that the Attorney General finds relevant or

14 material in the investigation. The attendance of witnesses

15 and the production of records may be required from any

16 place in any State or other place subject to the jurisdiction

17 of the United States at any designated place where the

18 witness was served with a subpoena, except that a witness

19 shall not be required to appear more than 500 miles dis20 tant from the place where the witness was served. Wit21 nesses summoned under this section shall be paid the

22 same fees and mileage that are paid witnesses in the

23 courts of the United States.

24 ‘‘(c) A subpoena issued under this section may be

25 served by any person designated in the subpoena to serve
5

•S 2516 IS

1 it. Service upon a natural person may be made by personal

2 delivery of the subpoena to that person or by certified mail

3 with return receipt requested. Service may be made upon

4 a domestic or foreign corporation or upon a partnership

5 or other unincorporated association that is subject to suit

6 under a common name, by delivering the subpoena to an

7 officer, to a managing or general agent, or to any other

8 agent authorized by appointment or by law to receive serv9 ice of process. The affidavit of the person serving the sub10 poena entered on a true copy thereof by the person serving

11 it shall be proof of service.

12 ‘‘(d) In the case of the contumacy by or refusal to

13 obey a subpoena issued to any person, the Attorney Gen14 eral may invoke the aid of any court of the United States

15 within the jurisdiction of which the investigation is carried

16 on or of which the subpoenaed person is an inhabitant,

17 or in which he carries on business or may be found, to

18 compel compliance with the subpoena. The court may

19 issue an order requiring the subpoenaed person to appear

20 before the Attorney General to produce records if so or21 dered. Any failure to obey the order of the court may be

22 punishable by the court as contempt thereof. All process

23 in any such case may be served in any judicial district

24 in which the person may be found.
6

•S 2516 IS

1 ‘‘(e) This section shall be construed and applied in

2 a manner consistent with section 2703 and with section

3 1102 of the Right to Financial Privacy Act of 1978 (12

4 U.S.C. 3402).

5 ‘‘(f) The United States Marshals Service shall report

6 to the Attorney General on a quarterly basis regarding

7 administrative subpoenas issued pursuant to this section.

8 The Attorney General shall transmit the report to Con9 gress.

10 ‘‘(g) The Attorney General shall issue guidelines gov11 erning the issuance of administrative subpoenas by the

12 United States Marshals Service. Such guidelines shall

13 mandate that administrative subpoenas shall issue only

14 after review and approval of the Director of the Marshals

15 Service or his designee in a position of Assistant Director

16 or higher.’’.

17 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

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

Æ