I 
109TH CONGRESS 
1ST SESSION H. R. 4170 
To provide administrative subpoena authority to apprehend fugitives. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 27, 2005 
Mr. SESSIONS (for himself, Mr. BOOZMAN, Mr. KUHL of New York, and Mr. 
DANIEL E. LUNGREN of California) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To provide administrative subpoena authority to apprehend 
fugitives. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fugitive Apprehension 
Assistance Act of 2005’’. 
SEC. 2. ADMINISTRATIVE SUBPOENAS TO APPREHEND FU-
GITIVES. 
(a) IN GENERAL.—Chapter 49 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 1075. Administrative subpoenas to apprehend fugi-
tives 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) FUGITIVE.—The term ‘fugitive’, inter alia, 
means a person who— 
‘‘(A) having been accused of committing a 
felony 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 jurisdic-
tion over the felony; 
‘‘(B) having been accused of committing a 
felony 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 juris-
diction over the felony; 
‘‘(C) escapes from lawful Federal or State 
custody after having been accused by complaint, 
information, or indictment or having been con-
victed 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 sec-
tion 1073. 
‘‘(2) INVESTIGATION.—The term ‘investigation’ 
means, with respect to a State fugitive described in 
subparagraph (B) or (C) in paragraph (1), an inves-
tigation 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 es-
caped from custody, in or affecting, or using any fa-
cility of, interstate or foreign commerce, or as to 
whom an appropriate law enforcement officer or offi-
cial 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 juris-
diction pursuant to section 1075. 
‘‘(3) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, 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 Attor-
ney General may subpoena witnesses for the purpose 
of the production of any records (including books, 
papers, documents, electronic data, and other tan-
gible 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 re-
quired 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 avail-
able: Provided, however, That procedures other than 
subpoenas shall be used to obtain documents and in-
formation from Federal agencies. 
‘‘(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 person’s resi-
dence or from the place where the witness was 
served. Witnesses summoned under this section shall 
be paid the same fees and mileage that are paid wit-
nesses in the courts of the United States.
‘‘(3) PROHIBITIONS.—Nothing in this section 
shall require the attendance of witnesses or the pro-
duction of records whose attendance or production is 
otherwise prohibited by law. 
‘‘(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 nat-
ural person may be made by personal delivery of the 
subpoena to that person or by certified mail with re-
turn 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 deliv-
ering 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 contu-
macy 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 jurisdic-
tion in 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 con-
tempt thereof. 
‘‘(3) PROCESS.—All process in any case to en-
force 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 ad-
ministrative subpoena under this section upon any 
person, or 10 days 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 pe-
tition to modify or quash such subpoena on grounds 
that—
‘‘(A) the terms of the subpoena are unrea-
sonable or unnecessary; 
‘‘(B) the subpoena fails to meet the re-
quirements of this section; or 
‘‘(C) The subpoena violates the constitu-
tional rights or any other legal rights or privi-
lege of the subpoenaed party. 
‘‘(e) GUIDELINES.— 
‘‘(1) IN GENERAL.—The Attorney General shall 
issue guidelines governing the issuance of adminis-
trative subpoenas pursuant to this section. 
‘‘(2) REVIEW.—The guidelines required by this 
subsection shall mandate that administrative sub-
poenas may be issued only after review and approval 
of senior supervisory personnel, as determined by 
the Attorney General, of the relevant component of 
the Department of Justice, as the case may be. 
‘‘(f) 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 serv-
ice (as defined in section 2711 of this title), the At-
torney 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 com-
manding the provider of electronic communica-
tion 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 court 
may require the party to whom an administra-
tive subpoena is directed to refrain from noti-
fying any other party or person 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 appro-
priate. 
‘‘(C) CRITERIA
FOR
EXTENSION.—The 
court shall enter an order under paragraph (2) 
if it determines that there is reason to believe 
that notification of the existence of the adminis-
trative subpoena will result in— 
‘‘(i) endangering the life or physical 
safety of an individual; 
‘‘(ii) flight from prosecution or cus-
tody or confinement after conviction; 
‘‘(iii) destruction or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; or 
‘‘(v) otherwise seriously jeopardizing 
an investigation or undue delay in trial. 
‘‘(g) IMMUNITY FROM CIVIL LIABILITY.—Any person 
including officers, agents, and employees, who in good 
faith produce the records or items required 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 produc-
tion or for nondisclosure of that production to the cus-
tomer, 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 of the following: 
‘‘1075. Administrative subpoenas to apprehend fugitives.’’. 
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