[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3037 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3037

    To strengthen antiterrorism investigative tools, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2003

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

_______________________________________________________________________

                                 A BILL


 
    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,

SECTION 1. SHORT TITLE.

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

SEC. 2. NATIONWIDE SEARCH WARRANTS IN TERRORISM INVESTIGATIONS.

    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.''.

SEC. 3. ADMINISTRATIVE SUBPOENAS IN TERRORISM INVESTIGATIONS.

    (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.''.
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