DOJ-OGR-00030168.tif

DEC-22-2406 15:53 FBI WEST PALM BEACH RA P.@3 Public Law 544 - 106th Congress 2nd Session ER, 3048 AN ACT To amend Title 18, United States Code, to provide clearer coverage over threats against former Presidents and members of their families, and for other purposes, Be it enacted by the Senate and House of Represenratives of the United States of America in Congress assembled. SEC, § (a) IN GENBRAL- Sestion 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)(1) a Federal health care offense; or (1) 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 a person protected by the United States Secret Service under paragraph (5) or (6) of section 3056, if the Director of the Secret Service determines that the threat constituting the offense or the thrent 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 testirnony described in subparagraph (3). °o (B) Except as provided in subparagraph (C), a subpoena issued under subparagraph (A) may require -- (3} the production of any records or other things relevant to the investigation: and (ii) testimony by the custodian of the things required to be produced concerning the production and suthenticity of those things, (C) A subpoena issued under subparagraph (A) with respect to a provider of electronic communication service or.remote computing service, in an investigation of a Federal offense involving the sexual explojtation or abuse of children shall not exrend beyond -- (i) requiring that provider to disclose the name, address, local and long distance telephone tall billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such sérvice end the types of scrvices the subscriber or customer utilized, which may be relevant to an authorized law enforcement inquiry: or.(ii) requiring a custodian of the recards of that provider to give testimony conccming the production and authentication of such records or information. (D) As used in this paragraph, the term ‘Federal offense involving the sexual exploftation or abuse of children’ means an offense under section 1201, 2241 (c), 2242, 2243, 2251, 225] A, 2252, 3252A, 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 ‘production 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 Jaws or jurisdiction of the United Srates.'; and (3) by adding ut the end the following: (5) Atany time before the rerurn 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, or a prohibition of disclosure ordered by a court under paragraph {8). (6)(A) A United State district court for the district in which the suramons is.or will be served, upon application of the United States, may issue an ex parte order that no person or entity disclose to any other person or entity (other chan to an ayromey.in order to obtain legal advice) the existence of such Summons for 8 period of up 00.90 days. (8) Such order may be issued on 3 showing that the things being sought may be relevant to the investigation and there is reason to believe thet such disclosure may regult in-- . (i) endangerment to the life or physical safety of any person; (ii) flight to 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 2 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 tecum issued by a court of the United States. (8) Ifno case or proceeding arises from the production of records or other things pursuant to this section within a rcasonable time after those records or things are produced, the agency to which those records or things were delivered shall, upon written demand made by the person produciag those records or things, return them to that person, except where the production required wag only of copies rather than originals, (9) A subpoena issued under paragraph (1)(A)(i){(1I) or (1{A)(ii) may require production a3 soon as possible, but in no event less than 24 hours after Service of the subpoena. . (10) As soon as practicable following the issuance of 2 subpoena under paragraph AYA, the Secretary of the Treasury shall notify the Attorney General of its issuance.'. (b) CONFORMING AMENDMENTS- (1) SECTION HEADING- The heading for section 3486 of title 18, United States Cade, is amended by striking: . ao 03956-10601 DOJ-OGR- 00030168