Page:United States Statutes at Large Volume 114 Part 4.djvu/655

 PUBLIC LAW 106-544—DEC. 19, 2000 114 STAT. 2717 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). "(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 commiuiication 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 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 to 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 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;

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