◆ SpookStack

FEB-25-2008 11:27 FBI 561 650 6951 P.03/03 2nd $ession H.R, 3048 AN ACT To amend Titic 18, United States Code, to provide clearer coverage over threats against former Presidents and mcmbers of their familics, and for Other purposes. Be il enucted by the Scnate and House of Representatives of the United States of America in Congress assembled. SEC.5 (a) IN GRNERAL- Section 3486(a) of titlc 18, United States Code, is amended -- 1 so that paragraph (1 reads as follows: (1)(A) In any invcstigation of-- (i)(l) a Federal heaith care offense; or (II) a Federal offense involying thc scxua! exploitation or abusc of childrent, the Attorney Cieneral; or (ii) an offcnse under section 871 or 879, or a threat against & pcrson protected by the United States Sccret Service unde. paragraph (5) or (6) of scction 3056, if the Director of the Secret Srrvice dctcrmincs that the threat constituting thc offcnse or the threat against the. person protcctcd is imminent, the Secretary ofthe Treasury, may issue in writing and cause to he served a subpoena requiring th production and tcstimony described in subparagraph (B). (B) Exeept as providcd in subparagraph (C), a subpoena issued under subparagraph (A) may require -- (i) thc production of any records or other things relevant to the investigation; and (ii testimony by the custodian of the things required to be produced concerming the production and. authenticity ofthase things.. (C) A subpoena issued under subparagraph (A) with respect to a provider of electronic communication service orremote computing service, in anl investigation of a Federal offense involving the sexual exploitation or abuse of children shall not extend beyond -- (i) requiring that providcr to length ofservice of a subseriber to or customer of such service and the types of scrviccs the subscriber or customer utilized, which may be relevant t. an authorized law entorcement inquiry; or (ii requiring a custodian of thc records of that provider to give testimony concerning the production and autheatication of such records or information. (D) As used in this paragraph, the term Federal offense involving tho sexual exploitation or ahuse of children' means an offense under section 1201, 2241(c), 2242, 2243, 2251. 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423, in which thc victim is an individual who has not attained the age of 18 years'; (2 in paragraph 3- (A) by inserting *relating to a Fcderal 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 thc end the following (5) At any time before the return date specified in the summons. the person or cntity summoned may, in the United States district court for the district in by a court under paragraph (6). (6)(A) A United Statc district court for the district in which the summons is or will be scrved, upon application of the United Statcs, may issue an ex purte order that no person or entity disclose to any other person or entity (other than to an attomey in order to obtain Icgal advice) the existence of such summons for a period of up to 90 days. (B) Such order may be issued on a showing that the things being sought may he relevant to the invesligation 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; li destruction of or tumpering with cvidenceor (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 circumstanccs dcscribed in. subparagraph (B continue to exist. (7) A summons issued under this section shal! not require the production of anything that would be protected from production undcr the standards applicable to a subpoena duces tecum igsued by a court of the United States. (8) If no case or procceding ariscs from the production af records or ather things pursuant to this scction within a reasonable time after those records or things arc.produced, the agency to which those records or things wore delivered shall, upon written demand mude by thc pcrson producing those records or things, retun them to that person, cxcept where the production required was only of copics rather than originals. (9) A subpocna issued under paragraph (1)(A)(i)(II) or (1)(A)(ii) may require production as soon as possible, but in no cvent less than 24 hours after service of the subpoena (10) As soon as practicable tollowing thc issuance of a subpocna under paragraph (1)(A)(ii), the Secrelary of the Trcasury shall notify the Attomcy. General of its issuance (b) CONFORMING AMENDMENTS- (1) $ECTiON HEADING- Thc hcading for section 3486 of titie 18, United States Code, is amended by striking: in Federal health care invcstigutions'. (2) TABLE OF SECTlONS- The item relating to section 3486 in thc table of scctions at the beginning of chupter 223 of title 18, United States Code, is amendcd by striking: in Federal health care investigations'. (3) CONFORMING REPEAL- Section 3486A. and the item relating to that section in thc table of sections at the beginning of chapter 223, of title 18. United States Codc, are repeated.. (c) TECHNICAL AMENDMENT- Section 3486 oftitle 18, United States Cod is amcndcd - (1) in subsection (a)(4), by striking 'summoned' and inserting 'subpocnaed'; and (2) in subsection (d). by striking 'summons' each pJace it appears and inserting 'subpoena. 03956-9807