II 

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. 

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 ‘‘Judicially Enforceable 

5 Terrorism Subpoenas Act of 2004’’. 

6 SEC. 2. ADMINISTRATIVE SUBPOENAS IN TERRORISM IN7 VESTIGATIONS. 

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

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

10 the following: 
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•S 2555 IS 

1 ‘‘§ 2332g. Judicially enforceable terrorism subpoenas 

2 ‘‘(a) AUTHORIZATION OF USE.— 

3 ‘‘(1) IN GENERAL.—In any investigation con4 cerning a Federal crime of terrorism (as defined 

5 under section 2332b(g)(5)), the Attorney General 

6 may issue in writing and cause to be served a sub7 poena requiring the production of any records or 

8 other materials that the Attorney General finds rel9 evant to the investigation, or requiring testimony by 

10 the custodian of the materials to be produced con11 cerning the production and authenticity of those ma12 terials. 

13 ‘‘(2) CONTENTS.—A subpoena issued under 

14 paragraph (1) shall describe the records or items re15 quired to be produced and prescribe a return date 

16 within a reasonable period of time within which the 

17 records or items can be assembled and made avail18 able. 

19 ‘‘(3) ATTENDANCE OF WITNESSES AND PRO20 DUCTION OF RECORDS.— 

21 ‘‘(A) IN GENERAL.—The attendance of 

22 witnesses and the production of records may be 

23 required from any place in any State, or in any 

24 territory or other place subject to the jurisdic25 tion of the United States at any designated 

26 place of hearing. 
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1 ‘‘(B) LIMITATION.—A witness shall not be 

2 required to appear at any hearing more than 

3 500 miles distant from the place where he was 

4 served with a subpoena. 

5 ‘‘(C) REIMBURSEMENT.—Witnesses sum6 moned under this section shall be paid the same 

7 fees and mileage that are paid to witnesses in 

8 the courts of the United States. 

9 ‘‘(b) SERVICE.— 

10 ‘‘(1) IN GENERAL.—A subpoena issued under 

11 this section may be served by any person designated 

12 in the subpoena as the agent of service. 

13 ‘‘(2) SERVICE OF SUBPOENA.— 

14 ‘‘(A) NATURAL PERSON.—Service of a sub15 poena upon a natural person may be made by 

16 personal delivery of the subpoena to that per17 son, or by certified mail with return receipt re18 quested. 

19 ‘‘(B) BUSINESS ENTITIES AND ASSOCIA20 TIONS.—Service of a subpoena may be made 

21 upon a domestic or foreign corporation, or upon 

22 a partnership or other unincorporated associa23 tion that is subject to suit under a common 

24 name, by delivering the subpoena to an officer, 

25 to a managing or general agent, or to any other 
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1 agent authorized by appointment or by law to 

2 receive service of process. 

3 ‘‘(C) PROOF OF SERVICE.—The affidavit of 

4 the person serving the subpoena entered by that 

5 person on a true copy thereof shall be sufficient 

6 proof of service. 

7 ‘‘(c) ENFORCEMENT.— 

8 ‘‘(1) IN GENERAL.—In the case of the contu9 macy by, or refusal to obey a subpoena issued to, 

10 any person, the Attorney General may invoke the aid 

11 of any court of the United States within the jurisdic12 tion of which the investigation is carried on, or the 

13 subpoenaed person resides, carries on business, or 

14 may be found, to compel compliance with the sub15 poena. 

16 ‘‘(2) ORDER.—A court of the United States de17 scribed under paragraph (1) may issue an order re18 quiring the subpoenaed person, in accordance with 

19 the subpoena, to appear, to produce records, or to 

20 give testimony touching the matter under investiga21 tion. Any failure to obey the order of the court may 

22 be punished by the court as contempt thereof. 

23 ‘‘(3) SERVICE OF PROCESS.—Any process under 

24 this subsection may be served in any judicial district 

25 in which the person may be found. 
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1 ‘‘(d) NONDISCLOSURE REQUIREMENT.— 

2 ‘‘(1) IN GENERAL.—If the Attorney General 

3 certifies that otherwise there may result a danger to 

4 the national security of the United States, no person 

5 shall disclose to any other person that a subpoena 

6 was received or records were provided pursuant to 

7 this section, other than to— 

8 ‘‘(A) those persons to whom such disclo9 sure is necessary in order to comply with the 

10 subpoena; 

11 ‘‘(B) an attorney to obtain legal advice 

12 with respect to testimony or the production of 

13 records in response to the subpoena; or 

14 ‘‘(C) other persons as permitted by the At15 torney General. 

16 ‘‘(2) NOTICE OF NONDISCLOSURE REQUIRE17 MENT.—The subpoena, or an officer, employee, or 

18 agency of the United States in writing, shall notify 

19 the person to whom the subpoena is directed of the 

20 nondisclosure requirements under paragraph (1). 

21 ‘‘(3) FURTHER APPLICABILITY OF NONDISCLO22 SURE REQUIREMENTS.—Any person who receives a 

23 disclosure under this subsection shall be subject to 

24 the same prohibitions on disclosure under paragraph 

25 (1). 
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1 ‘‘(4) ENFORCEMENT OF NONDISCLOSURE REQUIRE2 MENT.—Whoever knowingly violates paragraphs (1) or (3) 

3 shall be imprisoned for not more than 1 year, and if the 

4 violation is committed with the intent to obstruct an inves5 tigation or judicial proceeding, shall be imprisoned for not 

6 more than 5 years. 

7 ‘‘(5) TERMINATION OF NONDISCLOSURE REQUIRE8 MENT.—If the Attorney General concludes that a non9 disclosure requirement no longer is justified by a danger 

10 to the national security of the United States, an officer, 

11 employee, or agency of the United States shall notify the 

12 relevant person that the prohibition of disclosure is no 

13 longer applicable. 

14 ‘‘(e) JUDICIAL REVIEW.— 

15 ‘‘(1) IN GENERAL.—At any time before the re16 turn date specified in a summons issued under this 

17 section, the person or entity summoned may, in the 

18 United States district court for the district in which 

19 that person or entity does business or resides, peti20 tion for an order modifying or setting aside the sum21 mons. 

22 ‘‘(2) MODIFICATION OF NONDISCLOSURE RE23 QUIREMENT.—Any court described under paragraph 

24 (1) may modify or set aside a nondisclosure require25 ment imposed under subsection (d) at the request of 
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1 a person to whom a subpoena has been directed, un2 less there is reason to believe that the nondisclosure 

3 requirement is justified because otherwise there may 

4 result a danger to the national security of the 

5 United States. 

6 ‘‘(3) REVIEW OF GOVERNMENT SUBMISSIONS.— 

7 In all proceedings under this subsection, the court 

8 shall review the submission of the Federal Govern9 ment, which may include classified information, ex 

10 parte and in camera. 

11 ‘‘(f) IMMUNITY FROM CIVIL LIABILITY.—Any per12 son, including officers, agents, and employees of a non13 natural person, who in good faith produce the records or 

14 items requested in a subpoena, shall not be liable in any 

15 court of any State or the United States to any customer 

16 or other person for such production, or for nondisclosure 

17 of that production to the customer or other person. 

18 ‘‘(g) GUIDELINES.—The Attorney General shall, by 

19 rule, establish such guidelines as are necessary to ensure 

20 the effective implementation of this section.’’. 

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

22 table of sections of chapter 113B of title 18, United States 

23 Code, is amended by inserting after the item relating to 

24 section 2332f the following: 

‘‘2332g. Judicially enforceable terrorism subpoenas.’’. 

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