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.
(Sec. 3) Authorizes the Attorney General, in any investigation with respect to the apprehension of a fugitive, to subpoena witnesses for the production of relevant records from any place subject to U.S. jurisdiction, except that a witness shall not be required to appear more than 500 miles distant from the place where the witness was served. Allows a person to file a petition to modify or quash such subpoena on specified grounds. Directs the Attorney General to: (1) report each January to the Senate and House Judiciary Committees on the number of administrative subpoenas issued under this section, on whether each matter involved a fugitive from Federal or State charges, and on the agency or component of DOJ issuing the subpoena and imposing the charges (terminates this requirement in three years); and (2) issue guidelines governing the issuance of such subpoenas.
Authorizes the Attorney General: (1), where such a subpoena is issued to a provider of electronic communication service (ECS), to delay notification to the subscriber or customer to whom the record pertains and to apply to a court for an order commanding the provider of ECS or remote computing service not to notify any other person of the existence of the subpoena or court order; (2) if such a subpoena is issued to a financial institution for a customer's financial records, to apply to a court for an order to delay customer notice; and (3) to require the party to whom an administrative subpoena is directed to refrain from notifying any other party of the existence of the subpoena or court order for such period as the court deems appropriate. (Directs the court to enter such an order if it determines that notification of the existence of the subpoena will result in endangering the life or physical safety of an individual, flight from prosecution, destruction of or tampering with evidence, intimidation of potential witnesses, or otherwise seriously jeopardizing an investigation or undue delay of a trial.
Provides that any person who, in good faith, produces the records or items requested in a subpoena shall not be liable in any Federal or State court to any other person for such production or for compliance with the terms of a court order for non-disclosure.
(Sec. 4) Directs the Attorney General to complete a study on the use of administrative subpoena power by executive branch entities and to report the findings to the Senate and House Judiciary Committees.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3612-3613, S3613-3614)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3613)
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 695.
Measure laid before Senate by unanimous consent. (consideration: CR S7715-7720; text of measure as reported in Senate: CR S7715-7716)
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S7718-7720)
Passed Senate with an amendment by Unanimous Consent. (text: CR S7718-7720)
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Message on Senate action sent to the House.
Received in the House.
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime.