[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2555 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2555

 To authorize the use of judicially enforceable subpoenas in terrorism 
                            investigations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2004

    Mr. Kyl introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To authorize the use of judicially enforceable subpoenas in terrorism 
                            investigations.

    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 ``Judicially Enforceable Terrorism 
Subpoenas Act of 2004''.

SEC. 2. 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. Judicially enforceable terrorism subpoenas
    ``(a) Authorization of Use.--
            ``(1) In general.--In any investigation concerning a 
        Federal crime of terrorism (as defined under section 
        2332b(g)(5)), the Attorney General may issue in writing and 
        cause to be served a subpoena requiring the production of any 
        records or other materials that the Attorney General finds 
        relevant to the investigation, or requiring testimony by the 
        custodian of the materials to be produced concerning the 
        production and authenticity of those materials.
            ``(2) Contents.--A subpoena issued under paragraph (1) 
        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.
            ``(3) Attendance of witnesses and production of records.--
                    ``(A) In general.--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.
                    ``(B) Limitation.--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.
                    ``(C) Reimbursement.--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.--
            ``(1) In general.--A subpoena issued under this section may 
        be served by any person designated in the subpoena as the agent 
        of service.
            ``(2) Service of subpoena.--
                    ``(A) Natural person.--Service of a subpoena upon a 
                natural person may be made by personal delivery of the 
                subpoena to that person, or by certified mail with 
                return receipt requested.
                    ``(B) Business entities and associations.--Service 
                of a subpoena 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.
                    ``(C) Proof of service.--The affidavit of the 
                person serving the subpoena entered by that person on a 
                true copy thereof shall be sufficient proof of service.
    ``(c) Enforcement.--
            ``(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 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.
            ``(2) Order.--A court of the United States described under 
        paragraph (1) 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.
            ``(3) Service of process.--Any process under this 
        subsection may be served in any judicial district in which the 
        person may be found.
    ``(d)  Nondisclosure requirement.--
            ``(1) In general.--If the Attorney General certifies that 
        otherwise there may result a danger to the national security of 
        the United States, 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.
            ``(2) Notice of nondisclosure requirement.--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 the nondisclosure requirements under paragraph (1).
            ``(3) Further applicability of nondisclosure 
        requirements.--Any person who receives a disclosure under this 
        subsection shall be subject to the same prohibitions on 
        disclosure under paragraph (1).
    ``(4) Enforcement of nondisclosure requirement.--Whoever knowingly 
violates paragraphs (1) or (3) shall be imprisoned for not more than 1 
year, and if the violation is committed with the intent to obstruct an 
investigation or judicial proceeding, shall be imprisoned for not more 
than 5 years.
    ``(5) Termination of nondisclosure requirement.--If the Attorney 
General concludes that a nondisclosure requirement no longer is 
justified by a danger to the national security of the United States, 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.--
            ``(1) In general.--At any time before the return date 
        specified in a summons issued under this section, 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.
            ``(2) Modification of nondisclosure requirement.--Any court 
        described under paragraph (1) 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 of the United States.
            ``(3) Review of government submissions.--In all proceedings 
        under this subsection, the court shall review the submission of 
        the Federal Government, which may include classified 
        information, ex parte and in camera.
    ``(f) Immunity From Civil Liability.--Any person, including 
officers, agents, and employees of a non-natural person, 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, by rule, establish 
such guidelines as are necessary to ensure the effective implementation 
of this section.''.
    (b) Amendment to Table of Sections.--The table of sections of 
chapter 113B of title 18, United States Code, is amended by inserting 
after the item relating to section 2332f the following:

``2332g. Judicially enforceable terrorism subpoenas.''.
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