I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Antiterrorism Tools 

5 Enhancement Act of 2003’’. 

6 SEC. 2. NATIONWIDE SEARCH WARRANTS IN TERRORISM 

7 INVESTIGATIONS. 

8 Rule 41(b)(3) of the Federal Rules of Criminal Pro9 cedure is amended to read as follows: 

10 ‘‘(3) a magistrate judge—in an investigation of 

11 (A) a Federal crime of terrorism (as defined in 18 
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1 U.S.C. 2332b(g)(g)); or (B) an offense under 18 

2 U.S.C. 1001 or 1505 relating to information or pur3 ported information concerning a Federal crime of 

4 terrorism (as defined in 18 U.S.C. 2332b(g)(5))—

5 having authority in any district in which activities 

6 related to the Federal crime of terrorism or offense 

7 may have occurred, may issue a warrant for a per8 son or property within or outside that district.’’. 

9 SEC. 3. ADMINISTRATIVE SUBPOENAS IN TERRORISM IN10 VESTIGATIONS. 

11 (a) IN GENERAL.—Chapter 113B of title 18, United 

12 States Code, is amended by inserting after section 2332f 

13 the following: 

14 ‘‘§ 2332g. Administrative subpoenas in terrorism in15 vestigations 

16 ‘‘(a) AUTHORIZATION OF USE.—In any investigation 

17 concerning a Federal crime of terrorism (as defined in sec18 tion 2332b(g)(5)), the Attorney General may subpoena 

19 witnesses, compel the attendance and testimony of wit20 nesses, and require the production of any records (includ21 ing books, papers, documents, electronic data, and other 

22 tangible things that constitute or contain evidence) that 

23 he finds relevant or material to the investigation. A sub24 poena under this section shall describe the records or 

25 items required to be produced and prescribe a return date 
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1 within a reasonable period of time within which the 

2 records or items can be assembled and made available. 

3 The attendance of witnesses and the production of records 

4 may be required from any place in any State or in any 

5 territory or other place subject to the jurisdiction of the 

6 United States at any designated place of hearing; except 

7 that a witness shall not be required to appear at any hear8 ing more than 500 miles distant from the place where he 

9 was served with a subpoena. Witnesses summoned under 

10 this section shall be paid the same fees and mileage that 

11 are paid to witnesses in the courts of the United States. 

12 ‘‘(b) SERVICE.—A subpoena issued under this section 

13 may be served by any person designated in the subpoena 

14 as the agent of service. Service upon a natural person may 

15 be made by personal delivery of the subpoena to him or 

16 by certified mail with return receipt requested. Service 

17 may be made upon a domestic or foreign corporation or 

18 upon a partnership or other unincorporated association 

19 that is subject to suit under a common name, by delivering 

20 the subpoena to an officer, to a managing or general 

21 agent, or to any other agent authorized by appointment 

22 or by law to receive service of process. The affidavit of 

23 the person serving the subpoena entered by him on a true 

24 copy thereof shall be sufficient proof of service. 
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1 ‘‘(c) ENFORCEMENT.—In the case of the contumacy 

2 by, or refusal to obey a subpoena issued to, any person, 

3 the Attorney General may invoke the aid of any court of 

4 the United States within the jurisdiction of which the in5 vestigation is carried on or the subpoenaed person resides, 

6 carries on business, or may be found, to compel compli7 ance with the subpoena. The court may issue an order re8 quiring the subpoenaed person, in accordance with the 

9 subpoena, to appear, to produce records, or to give testi10 mony touching the matter under investigation. Any failure 

11 to obey the order of the court may be punished by the 

12 court as contempt thereof. Any process under this sub13 section may be served in any judicial district in which the 

14 person may be found. 

15 ‘‘(d)(1) NONDISCLOSURE REQUIREMENT.—If the At16 torney General certifies that otherwise there may result 

17 a danger to the national security, no person shall disclose 

18 to any other person that a subpoena was received or 

19 records were provided pursuant to this section, other than 

20 to (A) those persons to whom such disclosure is necessary 

21 in order to comply with the subpoena, (B) an attorney to 

22 obtain legal advice with respect to testimony or the pro23 duction of records in response to the subpoena, or (C) 

24 other persons as permitted by the Attorney General. The 

25 subpoena, or an officer, employee, or agency of the United 
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1 States in writing, shall notify the person to whom the sub2 poena is directed of such nondisclosure requirement. Any 

3 person who receives a disclosure under this subsection 

4 shall be subject to the same prohibition of disclosure. 

5 ‘‘(2) ENFORCEMENT OF NONDISCLOSURE REQUIRE6 MENT.—Whoever knowingly violates subsection (d)(1) of 

7 this section shall be imprisoned for not more than one 

8 year, and if the violation is committed with the intent to 

9 obstruct an investigation or judicial proceeding, shall be 

10 imprisoned for not more than five years. 

11 ‘‘(3) TERMINATION OF NONDISCLOSURE REQUIRE12 MENT.—When the Attorney General concludes that a non13 disclosure requirement no longer is justified by a danger 

14 to the national security, an officer, employee, or agency 

15 of the United States shall notify the relevant person that 

16 the prohibition of disclosure is no longer applicable. 

17 ‘‘(e) JUDICIAL REVIEW.—At any time before the re18 turn date specified in the summons, the person or entity 

19 summoned may, in the United States district court for the 

20 district in which that person or entity does business or 

21 resides, petition for an order modifying or setting aside 

22 the summons. Any such court may modify or set aside 

23 a nondisclosure requirement imposed under subsection (d) 

24 at the request of a person to whom a subpoena has been 

25 directed, unless there is reason to believe that the non-
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1 disclosure requirement is justified because otherwise there 

2 may result a danger to the national security. In all pro3 ceedings under this subsection, the court shall review the 

4 government’s submission, which may include classified in5 formation, ex parte and in camera. 

6 ‘‘(f) IMMUNITY FROM CIVIL LIABILITY.—Any per7 son, including officers, agents, and employees, who in good 

8 faith produce the records or items requested in a subpoena 

9 shall not be liable in any court of any State or the United 

10 States to any customer or other person for such produc11 tion or for nondisclosure of that production to the cus12 tomer or other person. 

13 ‘‘(g) GUIDELINES.—The Attorney General shall issue 

14 guidelines to ensure the effective implementation of this 

15 section.’’. 

16 (b) AMENDMENT TO TABLE OF SECTIONS.—The 

17 table of sections at the beginning of chapter 113B of title 

18 18, United States Code, is amended by inserting after the 

19 item relating to section 2332f the following new item:

‘‘2332g. Administrative subpoenas in terrorism investigations.’’.

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