II

Calendar No. 695

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, Mr. BIDEN, Mr. HELMS, Mr. DEWINE, Mr.

KYL, Mr. SMITH of New Hampshire, Mr. JOHNSON, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

JULY 20, 2000

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Fugitive Apprehension

3 Act of 2000’’.

4 SEC. 2. FUGITIVE APPREHENSION TASK FORCES.

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

6 Marshal Service shall establish permanent Fugitive Appre7 hension Task Forces in areas of the United States as de8 termined by the Director to locate and apprehend fugi9 tives.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated to the United States

12 Marshal Service to carry out the provisions of this section

13 $32,100,000 for the fiscal year 2001, $5,000,000 for fis14 cal year 2002, and $8,000,000 for fiscal year 2003.

15 SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND FU16 GITIVES.

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

18 States Code, is amended by adding at the end the fol19 lowing:

20 ‘‘§ l075. Administrative subpoenas to apprehend fugi21 tives

22 ‘‘(a) In this section—

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

24 ‘‘(A) having been indicted under Federal

25 law or having been convicted of committing a

26 felony under Federal law, flees or attempts to
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1 flee from or evades or attempts to evade the ju2 risdiction of the court with jurisdiction over the

3 felony;

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

5 or having been convicted of committing a felony

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

7 or evades or attempts to evade, the jurisdiction

8 of the court with jurisdiction over the felony;

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

10 custody after having been indicted or having

11 been convicted of committing a felony under

12 Federal or State law; or

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

14 (3) of the first undesignated paragraph of sec15 tion 1073;

16 ‘‘(2) the term ‘investigation’ means, with re17 spect to a State fugitive described in subparagraph

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

19 which there is reason to believe that the fugitive fled

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

21 the jurisdiction of the court, or escaped from cus22 tody, in or affecting, or using any facility of, inter23 state or foreign commerce, or as to whom an appro24 priate law enforcement officer or official of a State

25 or political subdivision has requested the Attorney
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1 General to assist in the investigation, and the Attor2 ney General finds that the particular circumstances

3 of the request give rise to a Federal interest suffi4 cient for the exercise of Federal jurisdiction pursu5 ant to section 1075;

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

7 United States, the District of Colombia, and any

8 commonwealth, territory, or possession of the United

9 States; and

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

11 are articulable facts that show the fugitive’s where12 abouts may be discerned from the records sought.

13 ‘‘(b) In any investigation with respect to the appre14 hension of a fugitive, the Attorney General may subpoena

15 witnesses for the purpose of the production of any records

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

17 other tangible and intangible items that constitute or con18 tain evidence) that the Attorney General finds relevant or

19 material in the investigation. The attendance of witnesses

20 and the production of records may be required from any

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

22 of the United States at any designated place where the

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

24 shall not be required to appear more than 500 miles dis25 tant from the place where the witness was served. Wit-
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1 nesses summoned under this section shall be paid the

2 same fees and mileage that are paid witnesses in the

3 courts of the United States.

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

5 served by any person designated in the subpoena to serve

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

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

8 with return receipt requested. Service may be made upon

9 a domestic or foreign corporation or upon a partnership

10 or other unincorporated association that is subject to suit

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

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

13 agent authorized by appointment or by law to receive serv14 ice of process. The affidavit of the person serving the sub15 poena entered on a true copy thereof by the person serving

16 it shall be proof of service.

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

18 obey a subpoena issued to any person, the Attorney Gen19 eral may invoke the aid of any court of the United States

20 within the jurisdiction of which the investigation is carried

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

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

23 compel compliance with the subpoena. The court may

24 issue an order requiring the subpoenaed person to appear

25 before the Attorney General to produce records if so or-
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1 dered. Any failure to obey the order of the court may be

2 punishable by the court as contempt thereof. All process

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

4 in which the person may be found.

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

6 a manner consistent with section 2703 and with section

7 1102 of the Right to Financial Privacy Act of 1978 (12

8 U.S.C. 3402).

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

10 to the Attorney General on a quarterly basis regarding

11 administrative subpoenas issued pursuant to this section.

12 The Attorney General shall transmit the report to Con13 gress.

14 ‘‘(g) The Attorney General shall issue guidelines gov15 erning the issuance of administrative subpoenas by the

16 United States Marshals Service. Such guidelines shall

17 mandate that administrative subpoenas shall issue only

18 after review and approval of the Director of the Marshals

19 Service or his designee in a position of Assistant Director

20 or higher.’’.

21 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

‘‘1075. Administrative subpoenas to apprehend fugitives.’’.
7

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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Fugitive Apprehension

3 Act of 2000’’.

4 SEC. 2. FUGITIVE APPREHENSION TASK FORCES.

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

6 consultation with appropriate Department of Justice and

7 Department of the Treasury law enforcement components,

8 establish permanent Fugitive Apprehension Task Forces

9 consisting of Federal, State, and local law enforcement au10 thorities in designated regions of the United States, to be

11 directed and coordinated by the United States Marshals

12 Service, for the purpose of locating and apprehending fugi13 tives.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated to the United States Marshal

16 Service to carry out the provisions of this section

17 $30,000,000 for the fiscal year 2001, $5,000,000 for fiscal

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

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

20 this section shall be construed to limit any existing author21 ity under any other provision of Federal or State law for

22 law enforcement agencies to locate or apprehend fugitives

23 through task forces or any other means.
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1 SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND FU2 GITIVES.

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

4 States Code, is amended by adding at the end the following:

5 ‘‘§ l075. Administrative subpoenas to apprehend fugi6 tives

7 ‘‘(a) DEFINITIONS.—In this section:

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

9 person who—

10 ‘‘(A) having been accused by complaint, in11 formation, or indictment under Federal law or

12 having been convicted of committing a felony

13 under Federal law, flees or attempts to flee from

14 or evades or attempts to evade the jurisdiction of

15 the court with jurisdiction over the felony;

16 ‘‘(B) having been accused by complaint, in17 formation, or indictment under State law or

18 having been convicted of committing a felony

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

20 or evades or attempts to evade, the jurisdiction

21 of the court with jurisdiction over the felony;

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

23 custody after having been accused by complaint,

24 information, or indictment or having been con25 victed of committing a felony under Federal or

26 State law; or
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1 ‘‘(D) is in violation of subparagraph (2) or

2 (3) of the first undesignated paragraph of section

3 1073.

4 ‘‘(2) INVESTIGATION.—The term ‘investigation’

5 means, with respect to a State fugitive described in

6 subparagraph (B) or (C) of paragraph (1), an inves7 tigation in which there is reason to believe that the

8 fugitive fled from or evaded, or attempted to flee from

9 or evade, the jurisdiction of the court, or escaped from

10 custody, in or affecting, or using any facility of,

11 interstate or foreign commerce, or as to whom an ap12 propriate law enforcement officer or official of a State

13 or political subdivision has requested the Attorney

14 General to assist in the investigation, and the Attor15 ney General finds that the particular circumstances of

16 the request give rise to a Federal interest sufficient for

17 the exercise of Federal jurisdiction pursuant to section

18 1075.

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

20 the United States, the District of Colombia, and any

21 commonwealth, territory, or possession of the United

22 States.

23 ‘‘(b) SUBPOENAS AND WITNESSES.—

24 ‘‘(1) SUBPOENAS.—In any investigation with re25 spect to the apprehension of a fugitive, the Attorney
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1 General may subpoena witnesses for the purpose of

2 the production of any records (including books, pa3 pers, documents, electronic data, and other tangible

4 and intangible items that constitute or contain evi5 dence) that the Attorney General finds, based on

6 articulable facts, are relevant to discerning the where7 abouts of the fugitive. A subpoena under this sub8 section shall describe the records or items required to

9 be produced and prescribe a return date within a rea10 sonable period of time within which the records or

11 items can be assembled and made available.

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

13 and the production of records may be required from

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

15 jurisdiction of the United States at any designated

16 place where the witness was served with a subpoena,

17 except that a witness shall not be required to appear

18 more than 500 miles distant from the place where the

19 witness was served. Witnesses summoned under this

20 section shall be paid the same fees and mileage that

21 are paid witnesses in the courts of the United States.

22 ‘‘(c) SERVICE.—

23 ‘‘(1) AGENT.—A subpoena issued under this sec24 tion may be served by any person designated in the

25 subpoena as the agent of service.
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1 ‘‘(2) NATURAL PERSON.—Service upon a natural

2 person may be made by personal delivery of the sub3 poena to that person or by certified mail with return

4 receipt requested.

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

6 a domestic or foreign corporation or upon a partner7 ship or other unincorporated association that is sub8 ject to suit under a common name, by delivering the

9 subpoena to an officer, to a managing or general

10 agent, or to any other agent authorized by appoint11 ment 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 contumacy

17 by or refusal to obey a subpoena issued to any person,

18 the Attorney General may invoke the aid of any court

19 of the United States within the jurisdiction of which

20 the investigation is carried on or of which the subpoe21 naed person is an inhabitant, or in which he carries

22 on business or may be found, to compel compliance

23 with the subpoena. The court may issue an order re24 quiring the subpoenaed person to appear before the

25 Attorney General to produce records if so ordered.
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1 ‘‘(2) CONTEMPT.—Any failure to obey the order

2 of the court may be punishable by the court as con3 tempt thereof.

4 ‘‘(3) PROCESS.—All process in any case to en5 force an order under this subsection may be served in

6 any judicial district in which the person may be

7 found.

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

9 later than 20 days after the date of service of an ad10 ministrative subpoena under this section upon any

11 person, or at any time before the return date specified

12 in the subpoena, whichever period is shorter, such

13 person may file, in the district within which such

14 person resides, is found, or transacts business, a peti15 tion to modify or quash such subpoena on grounds

16 that—

17 ‘‘(A) the terms of the subpoena are unrea18 sonable or unnecessary;

19 ‘‘(B) the subpoena fails to meet the require20 ments of this section; or

21 ‘‘(C) the subpoena violates the constitutional

22 rights or any other legal rights or privilege of the

23 subpoenaed party.

24 ‘‘(e) REPORT.—
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1 ‘‘(1) IN GENERAL.—The Attorney General shall

2 report in January of each year to the Committees on

3 the Judiciary of the Senate and the House of Rep4 resentatives on the number of administrative sub5 poenas issued under this section, whether each matter

6 involved a fugitive from Federal or State charges, and

7 identification of the agency or component of the De8 partment of Justice issuing the subpoena and impos9 ing the charges.

10 ‘‘(2) EXPIRATION.—The reporting requirement of

11 this subsection shall terminate in 3 years after the

12 date of enactment of this section.

13 ‘‘(f) GUIDELINES.—

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

15 issue guidelines governing the issuance of administra16 tive subpoenas pursuant to this section.

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

18 subsection shall mandate that administrative sub19 poenas may be issued only after review and approval

20 of senior supervisory personnel within the respective

21 investigative agency or component of the Department

22 of Justice.

23 ‘‘(g) DELAYED NOTICE.—

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

25 subpoena is issued under this section to a provider of
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1 electronic communication service (as defined in sec2 tion 2510 of this title) or remote computing service

3 (as defined in section 2711 of this title), the Attorney

4 General may—

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

6 this title, delay notification to the subscriber or

7 customer to whom the record pertains; and

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

9 section 2705(b) of this title, for an order com10 manding the provider of electronic communica11 tion service or remote computing service not to

12 notify any other person of the existence of the

13 subpoena or court order.

14 ‘‘(2) SUBPOENAS FOR FINANCIAL RECORDS.—If a

15 subpoena is issued under this section to a financial

16 institution for financial records of any customer of

17 such institution, the Attorney General may apply to

18 a court under section 1109 of the Right to Financial

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

20 delay customer notice as otherwise required.

21 ‘‘(3) NONDISCLOSURE REQUIREMENTS.—

22 ‘‘(A) IN GENERAL.—Except as otherwise

23 provided in paragraphs (1) and (2), the Attor24 ney General may require the party to whom an

25 administrative subpoena is directed to refrain
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1 from notifying any other party of the existence

2 of the subpoena for 30 days.

3 ‘‘(B) EXTENSION.—The Attorney General

4 may apply to a court for an order extending the

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

7 ‘‘(C) CRITERIA FOR EXTENSION.—The court

8 shall enter an order under subparagraph (B) if

9 it determines that there is reason to believe that

10 notification of the existence of the administrative

11 subpoena will result in—

12 ‘‘(i) endangering the life or physical

13 safety of an individual;

14 ‘‘(ii) flight from prosecution;

15 ‘‘(iii) destruction of or tampering with

16 evidence;

17 ‘‘(iv) intimidation of potential wit18 nesses; or

19 ‘‘(v) otherwise seriously jeopardizing

20 an investigation or undue delay in trial.

21 ‘‘(h) IMMUNITY FROM CIVIL LIABILITY.—Any person,

22 including officers, agents, and employees, who in good faith

23 produce the records or items requested in a subpoena shall

24 not be liable in any court of any State or the United States

25 to any customer or other person for such production or for
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1 nondisclosure of that production to the customer, in compli2 ance with the terms of a court order for nondisclosure.’’.

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

4 analysis for chapter 49 of title 18, United States Code, is

5 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 Gen9 eral shall complete a study on the use of administrative sub10 poena power by executive branch agencies or entities and

11 shall report the findings to the Committees on the Judiciary

12 of the Senate and the House of Representatives. Such report

13 shall include—

14 (1) a description of the sources of administrative

15 subpoena power and the scope of such subpoena power

16 within executive branch agencies;

17 (2) a description of applicable subpoena enforce18 ment mechanisms;

19 (3) a description of any notification provisions

20 and any other provisions relating to safeguarding

21 privacy interests;

22 (4) a description of the standards governing the

23 issuance of administrative subpoenas; and

24 (5) recommendations from the Attorney General

25 regarding necessary steps to ensure that administra-
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1 tive subpoena power is used and enforced consistently

2 and fairly by executive branch agencies.
Calendar No. 695

106TH CONGRESS

2D SESSION S. 2516

A BILL

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

cases and give administrative subpoena authorityto the United States Marshals Service.

JULY 20, 2000

Reported with an amendment