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.
Be it enacted by the Senate and House of Representa-
tives 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 Pro-
cedure 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 pur-
ported 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 per-
son or property within or outside that district.’’. 
SEC. 3. ADMINISTRATIVE SUBPOENAS IN TERRORISM IN-
VESTIGATIONS. 
(a) IN GENERAL.—Chapter 113B of title 18, United 
States Code, is amended by inserting after section 2332f 
the following: 
‘‘§ 2332g. Administrative subpoenas in terrorism in-
vestigations 
‘‘(a) AUTHORIZATION OF USE.—In any investigation 
concerning a Federal crime of terrorism (as defined in sec-
tion 2332b(g)(5)), the Attorney General may subpoena 
witnesses, compel the attendance and testimony of wit-
nesses, and require the production of any records (includ-
ing books, papers, documents, electronic data, and other 
tangible things that constitute or contain evidence) that 
he finds relevant or material to the investigation. A sub-
poena 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 hear-
ing 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 in-
vestigation is carried on or the subpoenaed person resides, 
carries on business, or may be found, to compel compli-
ance with the subpoena. The court may issue an order re-
quiring the subpoenaed person, in accordance with the 
subpoena, to appear, to produce records, or to give testi-
mony 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 sub-
section may be served in any judicial district in which the 
person may be found. 
‘‘(d)(1) NONDISCLOSURE REQUIREMENT.—If the At-
torney 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 pro-
duction 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 sub-
poena 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 REQUIRE-
MENT.—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 REQUIRE-
MENT.—When the Attorney General concludes that a non-
disclosure 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 re-
turn 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 non-
disclosure requirement is justified because otherwise there 
may result a danger to the national security. In all pro-
ceedings under this subsection, the court shall review the 
government’s submission, which may include classified in-
formation, ex parte and in camera. 
‘‘(f) IMMUNITY FROM CIVIL LIABILITY.—Any per-
son, 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 produc-
tion or for nondisclosure of that production to the cus-
tomer 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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