Antiterrorism Tools Enhancement Act of 2003 (Introduced in House)

HR 3037 IH


1st Session

H. R. 3037

To strengthen antiterrorism investigative tools, and for other purposes.


September 9, 2003

Mr. FEENEY introduced the following bill; which was referred to the Committee on the Judiciary


To strengthen antiterrorism investigative tools, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


This Act may be cited as the `Antiterrorism Tools Enhancement Act of 2003'.


Rule 41(b)(3) of the Federal Rules of Criminal Procedure is amended to read as follows:

`(3) a magistrate judge--in an investigation of (A) a Federal crime of terrorism (as defined in 18 U.S.C. 2332b(g)(g)); or (B) an offense under 18 U.S.C. 1001 or 1505 relating to information or purported information concerning a Federal crime of terrorism (as defined in 18 U.S.C. 2332b(g)(5))--having authority in any district in which activities related to the Federal crime of terrorism or offense may have occurred, may issue a warrant for a person or property within or outside that district.'.


(a) IN GENERAL- Chapter 113B of title 18, United States Code, is amended by inserting after section 2332f the following:

`Sec. 2332g. Administrative subpoenas in terrorism investigations

`(a) AUTHORIZATION OF USE- In any investigation concerning a Federal crime of terrorism (as defined in section 2332b(g)(5)), the Attorney General may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, electronic data, and other tangible things that constitute or contain evidence) that he finds relevant or material to the investigation. A subpoena under this section 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. The attendance of witnesses and the production of records may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing; except that a witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpoena. Witnesses summoned under this section shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

`(b) SERVICE- A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. Service upon a natural person may be made by personal delivery of the subpoena to him 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 by him on a true copy thereof shall be sufficient proof of service.

`(c) ENFORCEMENT- 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 the subpoenaed person resides, carries on business, or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person, in accordance with the subpoena, to appear, to produce records, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this subsection may be served in any judicial district in which the person may be found.

`(d)(1) NONDISCLOSURE REQUIREMENT- If the Attorney General certifies that otherwise there may result a danger to the national security, no person shall disclose to any other person that a subpoena was received or records were provided pursuant to this section, other than to (A) those persons to whom such disclosure is necessary in order to comply with the subpoena, (B) an attorney to obtain legal advice with respect to testimony or the production of records in response to the subpoena, or (C) other persons as permitted by the Attorney General. The subpoena, or an officer, employee, or agency of the United States in writing, shall notify the person to whom the subpoena is directed of such nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibition of disclosure.

`(2) ENFORCEMENT OF NONDISCLOSURE REQUIREMENT- Whoever knowingly violates subsection (d)(1) of this section shall be imprisoned for not more than one year, and if the violation is committed with the intent to obstruct an investigation or judicial proceeding, shall be imprisoned for not more than five years.

`(3) TERMINATION OF NONDISCLOSURE REQUIREMENT- When the Attorney General concludes that a nondisclosure requirement no longer is justified by a danger to the national security, an officer, employee, or agency of the United States shall notify the relevant person that the prohibition of disclosure is no longer applicable.

`(e) JUDICIAL REVIEW- At any time before the return date specified in the summons, the person or entity summoned may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the summons. Any such court may modify or set aside a nondisclosure requirement imposed under subsection (d) at the request of a person to whom a subpoena has been directed, unless there is reason to believe that the nondisclosure requirement is justified because otherwise there may result a danger to the national security. In all proceedings under this subsection, the court shall review the government's submission, which may include classified information, ex parte and in camera.

`(f) IMMUNITY FROM CIVIL LIABILITY- Any person, including officers, agents, and employees, who in good faith produce the records or items requested 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 or other person.

`(g) GUIDELINES- The Attorney General shall issue guidelines to ensure the effective implementation of this section.'.

(b) AMENDMENT TO TABLE OF SECTIONS- The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332f the following new item:

`2332g. Administrative subpoenas in terrorism investigations.'.