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DEC-22-2886 15:59 FBI WEST PALM BEACH RA P.@3 Pubhe Law 544 - uth ongress 2nd Session. ’ TO BLR. 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 cnacted by the Senate and'House of Representatives of the United States of America in Congress assembled. ; 1. SEC. 5 (a) IN GENERAL- Section 3486(a) of tithe 18, United States Code, is amended -- (1) so that paragraph (1) reads as foltows: (1)(A) In any investigation of-- (i)(I) a Federal health care offense: or (II) a Federal offense involving the scxual exploitation or abuse of children, the Attomey General: or (ii) an offtnst under section 871 or 879, or a threat against a person protected by the United States Secret Service under paragraph (5) or (6) of scction 3056, if the Director of the Secret Service detcrmines that the threat constituting the offense 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 ag provided in subparagraph (C), a subpoena issued under subparagraph (A) may require -- (ij) the production of any records or other things relevant to the investigation; and (ii) testimony by the custadian of thc 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 or remote computing service, in an investigation of a Federal offense involving the sexual exploitation or abuse of children shall not extend beyond -- ({) requiring that provider to disclose the name, address, local and long distance telephone toll billing records, 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 fo an authorized law enforcement inquiry; or (ii) requiring a custodian of-the records of that provider to give testimony concerning the production and authentication of such records or information. (D) As used in this paragraph, the tcrm ‘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 ‘production of records‘; and (BY by adding at the end the following: "The production of things in any other ease sy 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 petson 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 sctiing dside the summans, or a prohibition of disclosure ordered by a court under paragraph (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 ox" parte order that no person or entity disclose to any orher person or entity (other than to an atcorney in order to obtain logal advice) the existence af such summons for a period of up to 90 days. (B) Such order may be issued on @ showing that the things being sought may be relevant to the investigation and there is reason to believe that such disclosure may result in-- . (i) endangerment to the life or physical safety of any person: (ii) flight to avoid prosecution; (iit) destruction of or tampering with evidence; or (iv) intimidation of potential wimesscs. (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 scction shall nat require the production of anything that would be protected from production under the standards applicable to a subpoena duces tecum issued by & court of the United States. (8) If no case or proceeding arises from the production of records or other things pursuant to this section within a reasonable 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 producing those records or things, return them to that person, except Where the production required was only of capies rather than originals. (9) A subpoena issucd under paragraph (1)(A)(i)(1D} or (1)(A)(ii) may require production as soon as possible, but in no event less than 24 hours after service of the subpoena. : (10) As soon as practicable following the issvance of a subpoena under paragraph (1)(A)(ii), the Sceretary 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 Code, is amended by striking: 03956-10624 12/22/2006 GzZ:48rPM DOJ-OGR-00030181