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DEC-22-2006 15:53
FBI WEST PALM BEACH RA
Public Law 544-106th Congress
2nd Session
H.R. 3048
AN ACT
P.03
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 Representatives of the United States of America in Congress assembled.
SEC. 5
(8) 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 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 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).
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(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 (ii) 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 or remote computing service, in an
investigation of a Federal offense involving the sexual exploitation or abuse of children shall not extend 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 service and the types of services the subscriber or customer utilized, which may be relevant to an
authorized law enforcement inquiry; or (ii) requiring a custodian of the records of that provider to give testimony concoming the production and
authentication 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 '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 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, petition for an order modifying or setting aside the summons, 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 ex
parte order that no person or entity disclose to any other person or entity (other than to an attorney in order to obtain legal 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 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;
(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 tecum issued by a 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 copies rather than originals.
(9) A subpoena issued under paragraph (1)(A)(i)(II) 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 issuance of a subpoena under paragraph (1) (A) (ii), 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 Çode, is amended by striking:
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