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FEB-25-2008 41:27 FBI 561 650 6951 P.@3-83 2nd Session H.R, 3048 ‘ AN ACT ° To amend Title 18, United States Code, to provide clearer coverage over threats #gainst former Presidents and members of their familics, and for other purposes. Be i! enucted by the Sonate and House of Representatives of the United States of America in Congress assembled. SEC_5 {a) IN GRNERAL- Section 3486(a) of title 18, United States Code, is amended -- (1) so that paragraph (1) reads as follows: (1}(A) In any investigation of-- (i)() a Federal health care offense; or (II) a Federal offense involving the sexual exploitation or abuse of children, the Attorney General; or (ii) an offense under section 871 or 879, or a threat against = person protected by the United States Scoret Service under paragraph (5) or (6) of'scction 3046, ifthe Director of the Secret Service determincs that the threat constituling the offunse or the threat against the person protected is imminent, the Secretary of the Treasury, may issue in writing and cause to be served a subpoena requiring the production and testimony described in subparagraph (B). (B) Except as provided in subparagraph (C), a subpoena issued under subparagraph (4) may require — Gi) the production of any records or other things relevant to the investigation; and (it) testimony by the custodian of the things required to be produced concerning the production and authenticity of those things. (C) A subpoena issued under subparagraph (A) with respect to a provider of electronic communication service orremote computing service, in an investigation of'a Federal offense involving the sexual exploitation or abuse of children shall not extend beyond «= (i) requiring thet provider to disclose the name, address, local and long distance telephane toll billing recards, telephone number or other subscriber number or identity, and length of service of'a subscriber to or customer of such service and the types of services the subscriber or customer utilized, which may be relevant t an authorized law enforcement inquiry; or (i) requiring 2 custodian of the records of that provider t give testimony concerning the production and authcatication of such records or information, (D) As used in this paragraph, the term ‘Federal offense involving the sexual exploitation or abuse of children’ means an offense under section 1201, 2241{c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423, in which the victim is an individual who has not attained the age of 18 years,’; (2) in paragraph (3) (A) by inserting ‘relating to a Federal health care offense’ after *praduction of records’; and (B) by adding at the end the following: “The production of things in any other case may be required from any place within the United States or subject to the laws or jurisdiction of the United States." and (3) by adding at the end the following: (5) At any time before the return 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, potition for an order modifying or setting aside the summons, or a prohibition of disclosure ordered by a court under pargpraph (6), ' (6)(A) A United State district court for the district in which the summons is or will be served, upon application of the United States, may issue an ex parts order that no person or entity discloge to any other person or entity (other than ta an attemey in order to obtain legal advice) the existence of such . sutmmons for a period of up to 90 days. (B) Such order may be issued on a showing that the things being sought may be relevant to the invesligation and there is reason to believe that such disclosure may result in-- (i) endangerment to the life or physical sufety of any person: (ii) flight te avoid prosecution: (iii) destruction of or tampering with evidence: or (iv) Intimidation of potential witnesses. {C) An order under this paragraph may be renewed for additional periods of up to 90 days upon a showing that the circumstances described in subparagraph (B) continue to exist. (7) A. summons issued under this section shall not require the production of anything that would be protected from production under the standards applicable to a subpoena duces teeum issued by a court of the United States. (8) 1? no case or procecding arises from the production af records or ather things pursuant to this scction within a reasonable time after those records or things are-produced, the agency to whick those records or things were dolivered shail, upon written demand made by the person producing those records or things, return them to that person, cxcept where the production required was only of copies rather than originals. (9) A subpoena issued under paragraph (L(A) or (1)(A))) may require production as saon as possible, but in no event less than 24 hours after service of the subpoena. {10} As soon as practicable following the issuance of a subporna under paragraph (1)}(A){i?), the Seoretary of the Treasury shall notify the Attomey General of its issuance.', (b) CONFORMING AMENDMENTS+ ‘ (1) SECTION HEADING- The heading for section 3486 of title 18, United States Code, is amended by striking: in Federal health earc invcstigutions'. _ @) TABLE OF SECTIONS- The item telating te section 3486 in the table of sections at the beginning of vhupter 223 of title 18, United States Code, is amended by striking: in Federa) health care investigations’, (3) CONFORMING REPEAL Scction 34864, and the item relating to that section in the tabla of sections at the beginning of chapter 223, of title 18, United States Code, are repealed. {c) TECHNICAL AMENDMENT: Section 3486 of title 18, United States Cods, is amended — (1) in subsection (2)(4), by suiking "summoned! and inserting ’subpocnaed": and (2) in subsection (d), by striking ‘summons' each place it appears and inserting "subpoena’, 03956-9807 TOTAL P.AR DOJ-OGR-00030124