[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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