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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.