IA

106TH CONGRESS

2D SESSION S. 2516

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 2000

Referred to the Committee on the Judiciary

AN ACT

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’’.
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1 SEC. 2. FUGITIVE APPREHENSION TASK FORCES.

2 (a) IN GENERAL.—The Attorney General shall, upon

3 consultation with appropriate Department of Justice and

4 Department of the Treasury law enforcement components,

5 establish permanent Fugitive Apprehension Task Forces

6 consisting of Federal, State, and local law enforcement au7 thorities in designated regions of the United States, to be

8 directed and coordinated by the United States Marshals

9 Service, for the purpose of locating and apprehending fugi10 tives.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to the United States

13 Marshal Service to carry out the provisions of this section

14 $30,000,000 for the fiscal year 2001, $5,000,000 for fis15 cal year 2002, and $5,000,000 for fiscal year 2003.

16 (c) OTHER EXISTING APPLICABLE LAW.—Nothing in

17 this section shall be construed to limit any existing author18 ity under any other provision of Federal or State law for

19 law enforcement agencies to locate or apprehend fugitives

20 through task forces or any other means.

21 SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND FU22 GITIVES.

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

24 States Code, is amended by adding at the end the fol25 lowing:
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1 ‘‘§ 1075. Administrative subpoenas to apprehend fugi2 tives

3 ‘‘(a) DEFINITIONS.—In this section:

4 ‘‘(1) FUGITIVE.—The term ‘fugitive’ means a

5 person who—

6 ‘‘(A) having been accused by complaint, in7 formation, or indictment under Federal law or

8 having been convicted of committing a felony

9 under Federal law, flees or attempts to flee

10 from or evades or attempts to evade the juris11 diction of the court with jurisdiction over the

12 felony;

13 ‘‘(B) having been accused by complaint, in14 formation, or indictment under State law or

15 having been convicted of committing a felony

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

17 or evades or attempts to evade, the jurisdiction

18 of the court with jurisdiction over the felony;

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

20 custody after having been accused by complaint,

21 information, or indictment or having been con22 victed of committing a felony under Federal or

23 State law; or

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

25 (3) of the first undesignated paragraph of sec26 tion 1073.
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1 ‘‘(2) INVESTIGATION.—The term ‘investigation’

2 means, with respect to a State fugitive described in

3 subparagraph (B) or (C) of paragraph (1), an inves4 tigation in which there is reason to believe that the

5 fugitive fled from or evaded, or attempted to flee

6 from or evade, the jurisdiction of the court, or es7 caped from custody, in or affecting, or using any fa8 cility of, interstate or foreign commerce, or as to

9 whom an appropriate law enforcement officer or offi10 cial of a State or political subdivision has requested

11 the Attorney General to assist in the investigation,

12 and the Attorney General finds that the particular

13 circumstances of the request give rise to a Federal

14 interest sufficient for the exercise of Federal juris15 diction pursuant to section 1075.

16 ‘‘(3) STATE.—The term ‘State’ means a State

17 of the United States, the District of Colombia, and

18 any commonwealth, territory, or possession of the

19 United States.

20 ‘‘(b) SUBPOENAS AND WITNESSES.—

21 ‘‘(1) SUBPOENAS.—In any investigation with

22 respect to the apprehension of a fugitive, the Attor23 ney General may subpoena witnesses for the purpose

24 of the production of any records (including books,

25 papers, documents, electronic data, and other tan-
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1 gible and intangible items that constitute or contain

2 evidence) that the Attorney General finds, based on

3 articulable facts, are relevant to discerning the

4 whereabouts of the fugitive. A subpoena under this

5 subsection shall describe the records or items re6 quired to be produced and prescribe a return date

7 within a reasonable period of time within which the

8 records or items can be assembled and made avail9 able.

10 ‘‘(2) WITNESSES.—The attendance of witnesses

11 and the production of records may be required from

12 any place in any State or other place subject to the

13 jurisdiction of the United States at any designated

14 place where the witness was served with a subpoena,

15 except that a witness shall not be required to appear

16 more than 500 miles distant from the place where

17 the witness was served. Witnesses summoned under

18 this section shall be paid the same fees and mileage

19 that are paid witnesses in the courts of the United

20 States.

21 ‘‘(c) SERVICE.—

22 ‘‘(1) AGENT.—A subpoena issued under this

23 section may be served by any person designated in

24 the subpoena as the agent of service.
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1 ‘‘(2) NATURAL PERSON.—Service upon a nat2 ural person may be made by personal delivery of the

3 subpoena to that person or by certified mail with re4 turn receipt requested.

5 ‘‘(3) CORPORATION.—Service may be made

6 upon a domestic or foreign corporation or upon a

7 partnership or other unincorporated association that

8 is subject to suit under a common name, by deliv9 ering the subpoena to an officer, to a managing or

10 general agent, or to any other agent authorized by

11 appointment or by law to receive service of process.

12 ‘‘(4) AFFIDAVIT.—The affidavit of the person

13 serving the subpoena entered on a true copy thereof

14 by the person serving it shall be proof of service.

15 ‘‘(d) CONTUMACY OR REFUSAL.—

16 ‘‘(1) IN GENERAL.—In the case of the contu17 macy by or refusal to obey a subpoena issued to any

18 person, the Attorney General may invoke the aid of

19 any court of the United States within the jurisdic20 tion of which the investigation is carried on or of

21 which the subpoenaed person is an inhabitant, or in

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

23 compel compliance with the subpoena. The court

24 may issue an order requiring the subpoenaed person
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1 to appear before the Attorney General to produce

2 records if so ordered.

3 ‘‘(2) CONTEMPT.—Any failure to obey the order

4 of the court may be punishable by the court as con5 tempt thereof.

6 ‘‘(3) PROCESS.—All process in any case to en7 force an order under this subsection may be served

8 in any judicial district in which the person may be

9 found.

10 ‘‘(4) RIGHTS OF SUBPOENA RECIPIENT.—Not

11 later than 20 days after the date of service of an ad12 ministrative subpoena under this section upon any

13 person, or at any time before the return date speci14 fied in the subpoena, whichever period is shorter,

15 such person may file, in the district within which

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

17 a petition to modify or quash such subpoena on

18 grounds that—

19 ‘‘(A) the terms of the subpoena are unrea20 sonable or unnecessary;

21 ‘‘(B) the subpoena fails to meet the re22 quirements of this section; or

23 ‘‘(C) the subpoena violates the constitu24 tional rights or any other legal rights or privi25 lege of the subpoenaed party.
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1 ‘‘(e) REPORT.—

2 ‘‘(1) IN GENERAL.—The Attorney General shall

3 report in January of each year to the Committees on

4 the Judiciary of the Senate and the House of Rep5 resentatives on the number of administrative sub6 poenas issued under this section, whether each mat7 ter involved a fugitive from Federal or State

8 charges, and identification of the agency or compo9 nent of the Department of Justice issuing the sub10 poena and imposing the charges.

11 ‘‘(2) EXPIRATION.—The reporting requirement

12 of this subsection shall terminate in 3 years after

13 the date of enactment of this section.

14 ‘‘(f) GUIDELINES.—

15 ‘‘(1) IN GENERAL.—The Attorney General shall

16 issue guidelines governing the issuance of adminis17 trative subpoenas pursuant to this section.

18 ‘‘(2) REVIEW.—The guidelines required by this

19 subsection shall mandate that administrative sub20 poenas may be issued only after review and approval

21 of senior supervisory personnel within the respective

22 investigative agency or component of the Depart23 ment of Justice.

24 ‘‘(g) DELAYED NOTICE.—
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1 ‘‘(1) IN GENERAL.—Where an administrative

2 subpoena is issued under this section to a provider

3 of electronic communication service (as defined in

4 section 2510 of this title) or remote computing serv5 ice (as defined in section 2711 of this title), the At6 torney General may—

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

8 this title, delay notification to the subscriber or

9 customer to whom the record pertains; and

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

11 section 2705(b) of this title, for an order com12 manding the provider of electronic communica13 tion service or remote computing service not to

14 notify any other person of the existence of the

15 subpoena or court order.

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

17 a subpoena is issued under this section to a financial

18 institution for financial records of any customer of

19 such institution, the Attorney General may apply to

20 a court under section 1109 of the Right to Financial

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

22 to delay customer notice as otherwise required.

23 ‘‘(3) NONDISCLOSURE REQUIREMENTS.—

24 ‘‘(A) IN GENERAL.—Except as provided in

25 paragraphs (1) and (2), the Attorney General
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1 may apply to a court for an order requiring the

2 party to whom an administrative subpoena is

3 directed to refrain from notifying any other

4 party of the existence of the subpoena or court

5 order for such period as the court deems appro6 priate.

7 ‘‘(B) ORDER.—The court shall enter such

8 order if it determines that there is reason to be9 lieve that notification of the existence of the ad10 ministrative subpoena will result in—

11 ‘‘(i) endangering the life or physical

12 safety of an individual;

13 ‘‘(ii) flight from prosecution;

14 ‘‘(iii) destruction of or tampering with

15 evidence;

16 ‘‘(iv) intimidation of potential wit17 nesses; or

18 ‘‘(v) otherwise seriously jeopardizing

19 an investigation or undue delay of a trial.

20 ‘‘(h) IMMUNITY FROM CIVIL LIABILITY.—Any per21 son, including officers, agents, and employees, who in good

22 faith produce the records or items requested in a subpoena

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

24 States to any customer or other person for such produc25 tion or for nondisclosure of that production to the cus-
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1 tomer, in compliance with the terms of a court order for

2 nondisclosure.’’.

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

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

6 SEC. 4. STUDY AND REPORT OF THE USE OF ADMINISTRA7 TIVE SUBPOENAS.

8 Not later than December 31, 2001, the Attorney

9 General, in consultation with the Secretary of the Treas10 ury, shall complete a study on the use of administrative

11 subpoena power by executive branch agencies or entities

12 and shall report the findings to the Committees on the

13 Judiciary of the Senate and the House of Representatives.

14 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.

Passed the Senate July 26, 2000.

Attest: GARY SISCO,

Secretary.