[Pages S3612-S3614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. THURMOND (for himself and Mr. Biden):
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 authority to the United States Marshals
Service; to the Committee on the Judiciary.
fugitive apprehension act of 2000
Mr. THURMOND. Mr. President, I rise today to introduce legislation on
behalf of myself and Senator Biden that will help address the growing
problem of fugitives by giving the U.S. Marshals Service tools they
need to apprehend fugitives from justice. Senator Biden and I have
worked together many times over the years in support of Federal law
enforcement.
Fugitives are those who the courts have found warrant prosecution or
have already been found guilty, but are attempting to beat the system.
These are individuals who, by their conduct, have indicated a complete
lack of respect for our Nation's criminal justice system. This
situation represents not only an outrage to the rule of law but also a
threat to the safety and security of Americans. Fugitives from justice
often continue to commit additional crimes while running free on the
streets.
According to some estimates, there are approximately 45,000 fugitives
from justice in Federal felony cases. The number of serious Federal
offense warrants received by the U.S. Marshals Service has increased
each year for the past 4 years. Also, over one-half million fugitives
in State and local felony cases have been entered into the database of
the National Crime Information Center or NCIC. This number is up from
340,000 reported in 1990. Also, the NCIC receives only about 20 percent
of all outstanding State and local felony warrants in the country. If
the NCIC estimates are correct, then there could be over 2.5 million
State local fugitive warrants in felony cases alone. This does not even
include misdemeanor warrants.
Mr. President, this is a serious problem. We must do more to address
the growing threat of fugitives on the State and Federal level. It is
critical to our fight against crime.
Task forces have been shown to be successful in tracking fugitives.
This legislation would create more multi-agency task forces around the
country to locate and apprehend the enormous number of fugitives
nationwide. The marshals involved would be directed by headquarters, so
they would not be diverted to tasks such as courtroom security. Also,
the task forces would be a joint effort, staffed by U.S. Marshals and
State and local law enforcement authorities. These task forces would
share case workload and intelligence to locate and apprehend fugitives
wanted in their jurisdictions.
Fugitives are the one investigative priority of the U.S. Marshals
Service. Because of this expertise, the marshals have been able to
specialize their personnel and investigative techniques to deal with
this one critical mission. Conducting an investigation to make a
criminal case against someone is nothing like trying to find a person
who does not want to be found. The same techniques used to conduct
criminal investigations cannot be used successfully in fugitive
investigations. This puts the majority of law enforcement agencies at a
disadvantage, especially State and local law enforcement, who are
forced to put their resources into a wide variety of normal police
duties. These task forces can help State and local law enforcement
develop greater expertise in this area so they can be more efficient
and successful in tracking fugitives.
Fugitive investigations are very fluid and time sensitive. The
difference between locating and apprehending a fugitive or missing the
individual can be merely a matter of minutes.
The time-sensitive nature of these investigations often creates
problems under current Federal law. As a general matter, if there is no
intent to indict the fugitive for escape, which is true in most
fugitive cases, investigators may not use a grand jury subpoena to
obtain information on the fugitive. Although investigators can get
information through application to the court, the time necessary in
seeking Federal court orders can make the difference between
apprehension and further flight of the fugitive.
This bill would remedy this deficiency in the law by providing the
U.S. Marshals Service administrative subpoena authority in fugitive
investigations. This subpoena authority is based on the same authority
current law already provides to the Drug Enforcement Administration in
drug investigations.
[[Page S3613]]
In summary, this bill would help bring to justice dangerous fugitives
that are roaming the streets of America. I hope my colleagues will
support this important initiative.
I ask unanimous consent to print into the Record a copy of the bill
and a section-by-section explanation of its provisions.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2516
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 Act of
2000''.
SEC. 2. FUGITIVE APPREHENSION TASK FORCES.
(a) In General.--The Director of the United States Marshal
Service shall establish permanent Fugitive Apprehension Task
Forces in areas of the United States as determined by the
Director to locate and apprehend fugitives.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the United States Marshal Service to
carry out the provisions of this section $32,100,000 for the
fiscal year 2001, $5,000,000 for fiscal year 2002, and
$8,000,000 for fiscal year 2003.
SEC. 3. 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. l075. Administrative subpoenas to apprehend fugitives
``(a) In this section--
``(1) the term `fugitive' means a person who--
``(A) having been indicted 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 indicted 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 indicted 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) the term `investigation' means, with respect to a
State fugitive described in subparagraph (B) or (C) of
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) the term `State' means a State of the United States,
the District of Colombia, and any commonwealth, territory, or
possession of the United States; and
``(4) the term `relevant or material' means there are
articulable facts that show the fugitive's whereabouts may be
discerned from the records sought.
``(b) 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 relevant or material in the
investigation. 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 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.
``(c) A subpoena issued under this section may be served by
any person designated in the subpoena to serve it. 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. 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. 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) 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 of 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. Any failure to obey the order
of the court may be punishable by the court as contempt
thereof. All process in any such case may be served in any
judicial district in which the person may be found.
``(e) This section shall be construed and applied in a
manner consistent with section 2703 and with section 1102 of
the Right to Financial Privacy Act of 1978 (12 U.S.C. 3402).
``(f) The United States Marshals Service shall report to
the Attorney General on a quarterly basis regarding
administrative subpoenas issued pursuant to this section. The
Attorney General shall transmit the report to Congress.
``(g) The Attorney General shall issue guidelines governing
the issuance of administrative subpoenas by the United States
Marshals Service. Such guidelines shall mandate that
administrative subpoenas shall issue only after review and
approval of the Director of the Marshals Service or his
designee in a position of Assistant Director or higher.''.
(b) Technical and Conforming Amendment.--The analysis for
chapter 49 of title 18, United States Code, is amended by
adding at the end the following:
``1075. Administrative subpoenas to apprehend fugitives.''.
____
Section-by-Section Analysis--Fugitive Apprehension act of 2000
Section 1. Short title
The title is the ``Fugitive Apprehension Act of 2000.''
Section 2. Fugitive apprehension task forces
The purpose of this provision is to assist Federal, state
and local law enforcement authorities by forming several
multiagency task forces around the country to locate and
apprehend fugitives wanted by their jurisdictions.
The bill would authorize to be appropriated to the U.S.
Marshal Service funds to establish new permanent Fugitive
Apprehension Task Forces and supplement task forces already
operating in areas throughout the United States. The task
forces would be totally dedicated to locating and
apprehending fugitives under the direction of a National
Director and not under a specific District to insure that
they are not utilized for other USMS missions.
Section 3. Administrative subpoena authority
As a general matter, under Federal law, if there is no
intent to seek Federal indictment--as is true in a great
majority of fugitive apprehension investigations--law
enforcement officers may not use a grand jury subpoena to
obtain information relevant to a fugitive investigation.
Indeed, to do so would constitute abuse of the grand jury
process. Although there are some mechanisms to obtain this
information through application to the court, time spent by
law enforcement seeking state and federal court orders to
obtain the release of information can make the difference
between apprehension or further flight of a fugitive.
This provision would remedy the current deficiency in the
law by providing for administrative subpoena authority in
fugitive investigations. The provision is based on the
administrative subpoena authority provided in title 21,
United States Code, Section 876, which authorizes the
Attorney General to issue administrative subpoenas in
controlled substance related criminal investigations and
administrative proceedings. However, this provision
incorporates significant restrictions on its use in order to
satisfy concerns over an expansion in the use of
administrative subpoenas.
First, this is more narrowly tailored than Title 21, United
States Code, Section 876. The proposed section 1075
authorizes the Attorney General to obtain only documents in
response to the subpoena, not testimony.
Second, the statute is limited in its application to
fugitives in Federal and state felony cases, not just those
suspected of committing crimes. The authority would only
apply to those who had been indicted.
Third, the statute strictly controls any delegation of the
Attorney General's authority to issue such subpoenas, by
requiring that any such delegation be accomplished only
through formal Attorney General guidelines that would be
subject to scrutiny. These guidelines would require that an
official at the level of Assistant Director in the Marshals
Service must approve any such subpoena.
Fourth, the statute requires that before a subpoena can be
issued, the Attorney General must find that the records
sought are ``relevant or material,'' i.e., there are
``articulable facts'' that show the fugitive's whereabouts
may be discerned from the records sought.
Fifth, the statute makes clear that an administrative
subpoena issued under this section does not ``trump''
protections accorded records under existing statutes, such as
electronic records whose production is covered by section
2703 of Title 18 and financial records whose production is
covered by section 3402 of Title 12. Rather, this statute is
to be construed and applied consistent with such existing
statutes.
Sixth, the statute requires the Marshals Service to report
to the Attorney General quarterly regarding the number of
administrative subpoenas issued, and this report will be
submitted to the Congress.
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This provision would help bring to justice the larger
number of federal fugitives whom the government has already
decided merit prosecution insofar as they have been
charged with and or convicted of a Federal felony offense
or have escaped after having been convicted of such an
offense. By their conduct, these individuals have
indicated a complete lack of respect for our nation's
criminal justice system. As to these fugitives, the
government does not need proof that they have moved in
interstate commerce prior to issuing a subpoena.
The provision also would allow Federal law enforcement
officials to issue an administrative subpoena to assist state
law enforcement officials in apprehending state fugitives
when they affect interstate commerce or when there is a
request for assistance from the appropriate state official,
and the Attorney General finds that the request gives rise to
a Federal interest sufficient to warrant the exercise of
Federal jurisdiction under section 1705. This portion of the
statute is modeled on similar provisions in Title 28 U.S.C.
sections 540 and 540a. It responds to the need of state
officials to use the unique, nationwide detection and
enforcement capabilities of Federal law enforcement agencies
in apprehending fugitives, many of whom cross state lines to
avoid capture. It also recognizes the importance of, and
provides additional support for, ongoing cooperation between
state and Federal officials in capturing fugitives,
particularly in joint Federal/state task forces.
Under Title 28 U.S.C. Section 566(e)(1)(B), the U.S.
Marshal Service has authority to investigate fugitive matters
``as directed by the Attorney General.'' The FBI has
authority to investigate fugitive matters (in violation of
Title 18 U.S.C. section 1073) under Title 28 U.S.C. section
533(1). This bill would neither increase nor decrease the
Attorney General's authority under those statutory provisions
to direct the activities of the Marshal Service and the FBI.
Finally, it would provide investigators a mechanism to
obtain documentary information in cases alleging a violation
under the Unlawful Flight to Avoid Prosecution (UFAP) statute
for fugitives fleeing from the testimonial responsibilities
or to avoid lawful process, 18 U.S.C. section 1073(2) and
(3). For this lower priority category of fugitives, it
incorporates by reference the UFAP interstate movement
requirement.
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