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 Representatives 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 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.
`(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.
`(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.
`(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.'.
END
