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FEB-25-2008 11:27 FBI 561 654 6951 P.@3-83 2nd Session H.R, 3048 ‘ AN ACT ° To amend Title 18, United States Code, to provide clearer coverage aver threats against former Presidents and members of their families, and for other purposes. Be il enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SEC.5 (a) IN GENERAL- 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)(1) a Federal health care offense; or (II) a Federal offense involving the scxua! exploitation or abuse of children, the Attorney General; or (ii) an offense under section 871 or 879, or a threat against 8 person protected by the United States Scoret Service under paragraph (5) or (6) of section 3056, ifthe Director of the Secret Service determincs 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 as provided in subparagraph (C), a subpoena issued under subparagraph (A) may require — (i) 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 conceming 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 a investigation ofa Federal offense involving the sexual exploitation or abuse of children sha] not extend beyond «= (i) requiring thet provider to disclose the name, address, local and long distance telephone 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 (ji) requiring 2 custodian of the records of that provider to give testimony concerning the production and authcatication of such records or information. (D) As used in this paragraph, the term ‘Federal offense involving tho 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 reeords'; 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: (S) At any time before the return date specified i the summons, the person or entity summoned may, in the United States district court for the district in which that person or entity dues business or resides, petition for an order modifying or setting aside the summons, or a prohibition of disclosure ordered by a court under paregraph (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 disclose to any other person or entity (other than ta an attomey in order to obtain legal advice) the existence of such . Surimons 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 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; (iil) destruction of or tumpering with evidence; or (iv) intimidation of potcntial 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 shail 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) If no case or proceeding arises from the production of records or ather things pursuant fo this scction within a reasonable time after those records or things are-produced, the agency to whick those records or things were dolivered shall, upon written demand mude by the person producing those records or things, return them to that person, except where the production required was only of copies rather than originals. (9) A subpocna issued under peragraph (1)(A)(i)(I1) or (1)(A)(ii) may require production as saon as possible, but in no event less than 24 hours after service of the subpocna. (10) As soon as practicable following the issuance of a subpoena under paragraph (1)(A)(ii), the Secretary of the Treasury shail notify the Altomey 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 carc investigations’. . @) TABLE OF SECTIONS. The item relating to section 3486 in the table of sections at the beginning of chupter 223 of title 18, United States Code, is amended by striking: in Federal health care investigations’, (3) CONFORMING REPEAL- Szction 3486A. and the item relating to that section in the table of sections at the beginning of chapter 223, of title 18, United States Code, are repeated. {c) TECHNICAL AMENDMENT- Section 3486 of title 18, United States Code, is amended ~ (1) in subsection (2)(4), by striking ‘summoned! and inserting ‘subpoenaed’: and (2) in subsection (d), by striking ‘summons' each place it appears and inserting ‘subpoena’, 03956-9807 TOTAL P.AR