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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.-- This Act may be cited as the ``Tribal Government 
Homeland Security Coordination and Integration Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Office of tribal government homeland security.
Sec. 5. Report to congress.
Sec. 6. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Since the terrorist attacks of September 11, 2001, and 
        the subsequent introduction of weapons grade anthrax into the 
        United States Postal System and Congressional office buildings 
        in Washington, D.C., the President and the Congress have worked 
        closely to respond to the need to rebuild and strengthen the 
        nation's public health, national security, and emergency 
        response systems.
            (2) Based on Article I, section 8 of the United States 
        Constitution, treaties, Federal statutes, and court decisions, 
        the United States has a unique historical and legal 
        relationship with American Indian and Alaska Native people, 
        which serves as the basis for the Federal Government's trust 
        responsibility and obligations. There are currently 558 
        federally-recognized Indian tribes in the United States, with 
        some 40 percent of Indian tribes located in the State of 
        Alaska. Indian tribes have principle responsibility for lands 
        and people within their jurisdiction.
            (3) Despite the government-to-government relationship 
        between Indian tribes and the United States, the United States 
        has failed to include and consult with Indian tribes with 
        regard to homeland security prevention, protection, and 
        response activities planning. Moreover, there are no specific 
        provisions for the Bureau of Indian Affairs or the Indian 
        Health Service to participate in homeland security programs and 
        funding.
            (4) Throughout many areas of the United States, facilities 
        operated, and services, activities and government functions 
        carried out, by Indian tribes, the Bureau of Indian Affairs and 
        the Indian Health Service are the only sources available to 
        provide emergency health services, disaster response, and law 
        enforcement to the tribal and non-tribal community, thus 
        serving the role as ``first responders'' in the event of a 
        terrorist attack.
            (5) To provide for the public health and safety on tribal 
        lands and in the surrounding communities, it is imperative to 
        establish tribal participation in homeland security 
        initiatives. Indian tribes must be included in the national 
        strategy for homeland security and receive an appropriate share 
        of related funding.
            (6) The treatment of Indian tribes as State governments, as 
        appropriate, for developing funding methodologies, planning, 
        consultation, coordination, and for eligibility for grant 
        monies will ensure Indian tribes are adequately prepared to 
        respond to Homeland Security threats.
            (7) Indian tribes shall be treated as State, as 
        appropriate, for purposes of planning, consultation, 
        coordination, eligibility for grant monies and other purposes 
        to improve the United States capacity to prepare, prevent and 
        respond to terrorist activities.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To establish within the Department of Homeland Security 
        an office known as the Office of Tribal Government Homeland 
        Security.
            (2) To authorize the Secretary of Homeland Security to 
        appoint, in consultation with Indian tribes, a Director of 
        Tribal Government Homeland Security.
            (3) To provide for more effective management of, and 
        accountability for the proper discharge of, the Secretary's 
        trust responsibility to Indian tribes and individual American 
        Indians and Alaska Natives by establishing in the Department of 
        Homeland Security an Office of Tribal Government Homeland 
        Security.
            (4) To integrate and coordinate the efforts of the 
        Department of Homeland Security and Indian tribes to prepare 
        for, prevent, protect against, respond to, and recover from 
        terrorist attacks.
            (5) To provide strategic integration of the Homeland 
        Security activities of Indian tribes that will complement the 
        operational consolidation of the various directorates within 
        the Department.
            (6) To supplement the capacity of the Indian Health Service 
        and the Bureau of Indian Affairs to respond to the homeland 
        security needs of American Indians and Alaska Natives, without 
        jeopardizing the nonsecurity missions of the Indian Health 
        Service and the Bureau of Indian Affairs.
            (7) To serve as an information clearinghouse and to enhance 
        the integration and coordination of Indian tribes and in the 
        activities of the Department of Homeland Security.
            (8) To establish an organizational framework within the 
        Department of Homeland Security through which the Federal 
        Government, Indian tribes, and State and local governments can 
        work effectively and collaboratively on public health and 
        safety, terrorism detection, prevention, response, and 
        protection of critical infrastructure.

SEC. 3. DEFINITIONS.

     In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Tribal Government Homeland Security.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (3) Office.--The term ``Office'' means the Office of Tribal 
        Government Homeland Security established in section 4.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 4. OFFICE OF TRIBAL GOVERNMENT HOMELAND SECURITY.

    (a) In General.--
            (1) Establishment.--There is hereby established within the 
        Department of Homeland Security an office to be known as the 
        ``Office of Tribal Government Homeland Security''.
            (2) Director.--The Office shall be headed by a Director, 
        appointed by the Secretary in consultation with Indian tribes, 
        whose title shall be the Director of Tribal Government Homeland 
        Security. The Director shall be equal in pay and authority of 
        an Assistant Secretary.
    (b) Duties of Secretary; Director.--
            (1) Duties of the secretary.--The Secretary shall--
                    (A) ensure the coordination of Federal programs 
                that provide assistance (including financial and 
                technical assistance) to eligible Indian tribes and 
                provide those governments with treatment as State 
                governments, as appropriate, for planning, 
                consultation, and coordination and for eligibility for 
                Federal grant monies and funds to improve capacity and 
                help prepare, prevent, and respond to terrorist 
                activities, and for other related purposes in and near 
                tribal communities;
                    (B) ensure Indian tribes are included in the 
                coordination activities of the Homeland Security 
                Department's Border and Transportation functions in the 
                same manner as State and local law enforcement 
                entities;
                    (C) ensure Indian tribes with jurisdiction over 
                lands adjacent to the Canadian and Mexican borders are 
                adequately prepared to help protect United States 
                borders, territorial waters, waterways, and other 
                transportation systems;
                    (D) ensure the broad spectrum of infrastructure 
                throughout Indian Country, including nuclear and 
                electrical power plants, water and sanitation 
                facilities, agricultural, food processing, oil, timber, 
                and other natural resources is adequately protected 
                against terrorist threats;
                    (E) ensure that Indian tribes are properly equipped 
                to prepare for, prevent, and respond to terrorist 
                activities in the same manner as State and local 
                governments;
                    (F) provide Indian tribes the necessary equipment 
                for detection, protection, and decontamination in 
                emergencies involving weapons of mass destruction;
                    (G) provide Indian tribes with emergency 
                preparedness training and exercise programs and further 
                assistance for any emergency, including natural 
                disasters or disease;
                    (H) include Indian tribes in all facets of 
                research, development, resource assessment, and risk 
                analysis in the same manner as State and local 
                governments; and
                    (I) include Indian tribes, as appropriate, in the 
                coordination of the Homeland Security Department's 
                Immigration and Nationality functions in the same 
                manner as State and local law enforcement entities.
            (2) Duties of the director.--The Director shall--
                    (A) coordinate homeland security activities among 
                Indian tribes and related Federal agencies, including 
                integration and coordination of the efforts of the 
                Department of Homeland Security and Indian tribes to 
                prepare for, prevent, protect against, respond to, and 
                recover from terrorist attacks;
                    (B) provide strategic integration to complement the 
                operational consolidation of the various directorates 
                within the Department of Homeland Security, with 
                respect to Indian tribes;
                    (C) ensure that Indian tribes are included in the 
                gathering and analysis of terrorist threats and other 
                information in the same manner as Federal, State, and 
                local law enforcement entities;
                    (D) serve as the Secretary's key point of contact 
                for Indian tribes in need of assistance and information 
                homeland security grants for purposes of planning, 
                consultation, coordination, eligibility for grant 
                monies and other purposes to improve the United States 
                capacity to prepare, prevent and respond to terrorist 
                activities and to work with Indian tribes and executive 
                agencies in promoting homeland security;
                    (E) serve as the coordinating center intended to 
                facilitate communication between and integration with 
                Indian tribes and other Federal departments that have 
                homeland security responsibilities, including but not 
                limited to health surveillance, emergency preparation 
                and response, border security, critical infrastructure 
                protection, technology, and communication;
                    (F) establish a network through which the Federal 
                Government, Indian tribes, and State and local 
                governments work collaboratively on public health and 
                safety, terrorism detection, prevention, response, and 
                protection of critical infrastructure targets; and
                    (G) establish a mechanism for the distribution of 
                warnings and information to tribal communities.
    (c) Treatment of Indian Tribes as States.--
            (1) In general.--The Secretary shall--
                    (A) treat Indian tribes as States, as appropriate, 
                for the purpose of homeland security consultation, 
                planning, coordination, bioterrorism preparedness, 
                prevention, and response, emergency preparedness and 
                response, border and transportation security, and for 
                other purposes related to protecting the homeland;
                    (B) include Indian tribes in funding methodologies 
                for purposes of allocating any financial resources; and
                    (C) support and facilitate the capacity necessary 
                for the Indian Health Service and Bureau of Indian 
                Affairs to respond to the homeland security needs of 
                American Indians and Alaska Natives, without 
                jeopardizing their non-security missions.
            (2) Discretionary authority.--The Secretary may delegate to 
        such Indian tribes primary responsibility for homeland security 
        activities within its respective jurisdiction.
    (d) Information Sharing.--The Secretary shall provide assistance to 
enhance information technology capabilities of Indian tribes and 
ensure--
            (1) the active participation of Indian tribes in the 
        coordination with Federal, State, and local governments and the 
        private sector as related to Homeland Security activities; and
            (2) provide Indian tribes access to the same type of 
        information being exchanged between Federal, State, and local 
        authorities for the purpose of providing government personnel, 
        agencies, and authorities, with appropriate intelligence 
        information, including warnings, regarding threats posed by 
        terrorism in a timely and secure manner.
    (e) Federal Grants.--
            (1) General eligibility.--Indian tribes shall be eligible 
        to apply for, receive, direct, and supervise any homeland 
        security-related Federal grant programs.
            (2) Authority to award grants.--The Secretary may award 
        grants to Indian tribes for the following purposes:
                    (A) Planning, consultation, and coordination to 
                improve infrastructure, to prevent terrorist 
                activities.
                    (B) Training and education of employees responsible 
                for public health, safety and emergency response 
                activities.
                    (C) Addressing communication gaps and 
                infrastructure needs related to homeland security.
                    (D) Increasing the capacity of Indian tribes to 
                help prepare, prevent, and respond to terrorist 
                activities and other public health and safety 
                emergencies.
                    (E) Development of a comprehensive plan to help 
                prepare, prevent, and respond to terrorist activities 
                and other public health and safety emergencies.
                    (F) Implementation of plans to help prepare, 
                prevent, and respond to terrorist activities and other 
                public health and safety emergencies.
                    (G) The preparation of reports assessing the 
                emergency preparedness of Indian tribes, including an 
                assessment of Indian tribes' coordination with the 
                Department.
                    (H) Such other purposes related to the purposes of 
                this Act the Secretary considers appropriate.
    (f) Technical Assistance.--The Secretary shall--
            (1) directly or by contract, provide Indian tribes with 
        technical assistance in developing, implementing and managing 
        emergency response plans.
            (2) Ensure that legal, financial, and other expertise of 
        the Department of Homeland Security is made fully available in 
        an advisory capacity to Indian tribes to assist in the 
        development, implementation, and management of emergency 
        response plans.
            (3) Provide Department of Homeland Security programs 
        designed to provide legal, accounting, financial, or technical 
        assistance to eligible Indian tribes.
            (4) Facilitate cooperation with the heads of appropriate 
        Federal agencies working on Homeland Security initiatives.
            (5) Any other activity that the Secretary, in consultation 
        with the Director, considers appropriate to carry out this 
        section.
    (g) Assessment.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall submit an assessment report 
detailing the baseline readiness of Indian tribes to the Committee on 
Indian Affairs of the Senate and the Committee on Resources of the 
House of Representatives. In addition to an assessment of baseline 
readiness, the report shall contain any legislative recommendations 
necessary to improve coordination and integration of Indian tribes in 
the National Homeland Security Strategy.
    (h) Reporting.--The Secretary shall determine the effectiveness of 
the Office through the preparation of reports assessing the emergency 
preparedness of Indian tribes, including an assessment of Indian 
tribes' coordination with the Department of Homeland Security.
    (i) Prohibition.--The Secretary may not provide assistance under 
this section for any activity related to the operation of a gaming 
activity on Indian lands pursuant to the Indian Gaming Regulatory Act 
(25 U.S.C. 2701 et seq.).

SEC. 5. REPORT TO CONGRESS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Secretary, in 
consultation with the Director, shall prepare and submit to the 
Committee on Indian Affairs of the Senate and the Committee on 
Resources of the House of Representatives a report on the operation of 
the Office.
    (b) Contents of Report.--Each report prepared under subsection (a) 
shall include--
            (1) for the period covered by the report, a summary of the 
        activities conducted by the Secretary, in carrying out 
        subsections (b) through (h) of section 4; and
            (2) any recommendations for legislation that the Secretary, 
        in consultation with the Director, determines to be necessary 
        to carry out such sections.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated such sums are necessary to 
carry out this Act, to remain available until expended.
Tribal Government Homeland Security Coordination and Integration Act - Establishes the Office of Tribal Government Homeland Security (Office) within the Department of Homeland Security. Requires the Secretary of Homeland Security to appoint a Director to head the Office.

Prescribes the Secretary's and the Director's duties of coordination, infrastructure and equipment readiness, training, and inclusion of Indian tribes in homeland security preparedness. 
 
 Requires the Secretary to treat Indian tribes as states, as appropriate for the purpose of homeland security. Authorizes the Secretary to delegate to Indian tribes primary responsibility for homeland security activities within their respective jurisdictions. Requires the Secretary to integrate the roles of the Bureau of Indian Affairs and Indian Health Services with regard to homeland security. 
 
 Requires the Secretary to provide assistance to enhance information technology capabilities of tribes and ensure the participation of Indian tribes in the coordination with federal, state, and local governments and the private sector as related to Homeland Security activities. 
 
 Declares Indian tribes to be eligible to apply for, receive, direct, and supervise any homeland security-related federal grant program. 
 
 Authorizes the Secretary to award grants to Indian tribes for specified homeland security purposes. 
 
 Requires the Secretary to provide Indian tribes with: (1) technical assistance in developing, implementing, and managing emergency response plans; (2) Department of Homeland Security expertise and programs; (3) the cooperation of the heads of appropriate Federal agencies; and (4) any other activity the Secretary considers appropriate to provide homeland security technical assistance to Indian tribes.

SECTION 1. PUBLIC HEALTH SERVICE ACT; LIABILITY PROTECTIONS FOR HEALTH-
              CENTER PRACTITIONERS PROVIDING SERVICES IN EMERGENCY 
              AREAS.

    (a) In General.--Section 224(g) of the Public Health Service Act 
(42 U.S.C. 233(g)) is amended--
            (1) in paragraph (1)(B)(ii), by striking ``subparagraph 
        (C)'' and inserting ``subparagraph (C) and paragraph (6)''; and
            (2) by adding at the end the following paragraph:
    ``(6)(A) Subject to subparagraph (C), paragraph (1)(B)(ii) applies 
to health services provided to individuals who are not patients of the 
entity involved if, as determined under criteria issued by the 
Secretary, the following conditions are met:
            ``(i) The services are provided by a contractor or employee 
        of the entity who is a physician or other licensed or certified 
        health care practitioner and who is otherwise deemed to be an 
        employee for purposes of paragraph (1)(A) when providing 
        services with respect to the entity.
            ``(ii) The services are provided in an emergency area (as 
        defined in subparagraph (D)).
            ``(iii) The services of the contractor or employee 
        (referred to in this paragraph as the `out-of-area 
        practitioner') are provided under an arrangement with--
                    ``(I) an entity that is deemed to be an employee 
                for purposes of paragraph (1)(A) and that serves the 
                emergency area involved (referred to in this paragraph 
                as an `emergency-area entity)'; or
                    ``(II) a Federal agency that has responsibilities 
                regarding the provision of health services in such area 
                during the emergency.
            ``(iv) The purposes of the arrangement are--
                    ``(I) to coordinate, to the extent practicable, the 
                provision of health services in the emergency area by 
                the out-of-area practitioner with the provision of 
                services by the emergency-area entity, or by the 
                Federal agency, as the case may be;
                    ``(II) to identify a location in the emergency area 
                to which such practitioner should report for purposes 
                of providing health services, and to identify an 
                individual or individuals in the area to whom the 
                practitioner should report for such purposes; and
                    ``(III) to verify the identity of the practitioner 
                and that the practitioner is licensed or certified by 
                one or more of the States.
            ``(v) With respect to the licensure or certification of 
        health care practitioners, the provision of services by the 
        out-of-area practitioner in the emergency area is not a 
        violation of the law of the State in which the area is located.
    ``(B) In issuing criteria under subparagraph (A), the Secretary 
shall take into account the need to rapidly enter into arrangements 
under such subparagraph in order to provide health services in 
emergency areas promptly after the emergency begins.
    ``(C) Subparagraph (A) applies with respect to an act or omission 
of an out-of-area practitioner only to the extent that the practitioner 
is not immune from liability for such act or omission under the 
Volunteer Protection Act of 1997.
    ``(D) For purposes of this paragraph, the term `emergency area' 
means a geographic area for which--
            ``(i) the Secretary has made a determination under section 
        319 that a public health emergency exists; or
            ``(ii) a presidential declaration of major disaster has 
        been issued under section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act.''.
    (b) Effective Date.--With respect to paragraph (6) of section 
224(g) of the Public Health Service Act, as added by subsection (a) of 
this section:
            (1) Except as provided in this subsection, an arrangement 
        under subparagraph (A)(iii) of such paragraph (6) is deemed to 
        be in effect for any health professional who, within the 
        meaning of such paragraph--
                    (A) is an employee or contractor of a health center 
                under section 330 of such Act; and
                    (B) served or is serving as an out-of-area 
                practitioner in any emergency area declared as a result 
                of Hurricane Katrina or Hurricane Rita.
            (2) Such paragraph (6) is deemed to have taken effect on 
        August 27, 2005, for purposes of paragraph (1) of this 
        subsection. Such paragraph (6) otherwise takes effect on the 
        date of the enactment of this Act.
            (3) Paragraph (1) of this subsection applies until the 
        expiration of the 48-hour period beginning on the date on which 
        the Secretary of Health and Human Services publishes in the 
        Federal Register a notice that the applicability of such 
        paragraph is being terminated.
Amends the Public Health Service Act to deem certain physicians or other licensed or certified health care practitioners to be employees of the Public Health Service for purposes of any civil action that may arise due to services provided in an emergency area by a contractor or an employee of a qualified health center. Provides that such services must be provided under an arrangement with a qualified health center or with a federal agency with responsibility for providing health services in the emergency area.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fugitive Apprehension Assistance Act 
of 2005''.

SEC. 2. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.

    (a) In General.--Chapter 49 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1075. Administrative subpoenas to apprehend fugitives
    ``(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 
                jurisdiction 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 
                jurisdiction over the felony;
                    ``(C) escapes from lawful Federal or State custody 
                after having been accused by complaint, information, or 
                indictment or having been convicted 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 section 1073.
            ``(2) Investigation.--The term `investigation' means, with 
        respect to a State fugitive described in subparagraph (B) or 
        (C) in paragraph (1), an investigation 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 
        escaped from custody, in or affecting, or using any facility 
        of, interstate or foreign commerce, or as to whom an 
        appropriate law enforcement officer or official 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 
        jurisdiction 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 Attorney General may subpoena 
        witnesses for the purpose of the production of any records 
        (including books, papers, documents, electronic data, and other 
        tangible 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 required 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 available: Provided, 
        however, That procedures other than subpoenas shall be used to 
        obtain documents and information 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 residence 
        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 witnesses in the courts of the United 
        States.
            ``(3) Prohibitions.--Nothing in this section shall require 
        the attendance of witnesses or the production 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 natural person may be 
        made by personal delivery of the subpoena to that person or by 
        certified mail with return 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 delivering 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 contumacy 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 jurisdiction 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 contempt thereof.
            ``(3) Process.--All process in any case to enforce 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 administrative 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 petition to modify 
        or quash such subpoena on grounds that--
                    ``(A) the terms of the subpoena are unreasonable or 
                unnecessary;
                    ``(B) the subpoena fails to meet the requirements 
                of this section; or
                    ``(C) The subpoena violates the constitutional 
                rights or any other legal rights or privilege of the 
                subpoenaed party.
    ``(e) Guidelines.--
            ``(1) In general.--The Attorney General shall issue 
        guidelines governing the issuance of administrative subpoenas 
        pursuant to this section.
            ``(2) Review.--The guidelines required by this subsection 
        shall mandate that administrative subpoenas 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 service (as defined in section 2711 
        of this title), the Attorney 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 commanding the 
                provider of electronic communication 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 administrative subpoena is directed to 
                refrain from notifying 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 appropriate.
                    ``(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 administrative subpoena will 
                result in--
                            ``(i) endangering the life or physical 
                        safety of an individual;
                            ``(ii) flight from prosecution or custody 
                        or confinement after conviction;
                            ``(iii) destruction or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses; 
                        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 
production or for nondisclosure of that production to the customer, 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.''.

Fugitive Apprehension Assistance Act of 2005 - Amends the federal criminal code to authorize the Attorney General, in any investigation with respect to the apprehension of a fugitive, to subpoena witnesses for the production of records that are relevant to discerning the fugitive's whereabouts. Authorizes requiring the attendance of witnesses and the production of records from any place subject to U.S. jurisdiction, except that a witness shall not be required to appear more than 500 miles from the person's residence or the place where the witness was served.

Sets forth provisions regarding: (1) service of process to natural persons and corporations; (2) subpoena enforcement; and (3) the rights of subpoena recipients.

Directs the Attorney General to issue guidelines governing the issuance of administrative subpoenas.

Authorizes: (1) the Attorney General, where a subpoena is issued to a provider of electronic communication service or remote computing service or to a financial institution for financial records, to delay notice to the subscriber or customer to whom the records pertain if the court determines that there is reason to believe that notification of the subpoena's existence may have an adverse result; and (2) the court to require the party to whom the subpoena is directed to refrain from notifying any other party of the subpoena's existence for 30 days (with extensions under specified circumstances). Grants immunity from civil liability for good faith compliance with the terms of a court order for the production of records or for nondisclosure to the customer.