H. R. 3048—3
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 communication service or remote com-
puting 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 indi-
vidual 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 sum-
mons, 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;
H. R. 3048—4
‘‘(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 addi-
tional periods of up to 90 days upon a showing that the cir-
cumstances 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 Code, is amended by striking:
‘‘in Federal health care investigations’’.
(2) TABLE OF SECTIONS.—The item relating to section 3486
in the table of sections at the beginning of chapter 223 of
title 18, United States Code, is amended by striking:
‘‘in Federal health care investigations’’.
(3) CONFORMING
REPEAL.—Section 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 repealed.
(c) TECHNICAL AMENDMENT.—Section 3486 of title 18, United
States Code, is amended—
(1) in subsection (a)(4), by striking ‘‘summoned’’ and
inserting ‘‘subpoenaed’’; and
(2) in subsection (d), by striking ‘‘summons’’ each place
it appears and inserting ‘‘subpoena’’.
SEC. 6. FUGITIVE APPREHENSION TASK FORCES.
(a) IN GENERAL.—The Attorney General shall, upon consulta-
tion with appropriate Department of Justice and Department of
the Treasury law enforcement components, establish permanent
Fugitive Apprehension Task Forces consisting of Federal, State,
and local law enforcement authorities in designated regions of the
United States, to be directed and coordinated by the United States
Marshals Service, for the purpose of locating and apprehending
fugitives.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Attorney General for the United States
Marshals Service to carry out the provisions of this section
$30,000,000 for the fiscal year 2001, $5,000,000 for fiscal year
2002, and $5,000,000 for fiscal year 2003.
H. R. 3048—5
(c) OTHER EXISTING APPLICABLE LAW.—Nothing in this section
shall be construed to limit any existing authority under any other
provision of Federal or State law for law enforcement agencies
to locate or apprehend fugitives through task forces or any other
means.
SEC. 7. STUDY AND REPORTS ON ADMINISTRATIVE SUBPOENAS.
(a) STUDY ON USE OF ADMINISTRATIVE SUBPOENAS.—Not later
than December 31, 2001, the Attorney General, in consultation
with the Secretary of the Treasury, shall complete a study on
the use of administrative subpoena power by executive branch
agencies or entities and shall report the findings to the Committees
on the Judiciary of the Senate and the House of Representatives.
Such report shall include—
(1) a description of the sources of administrative subpoena
power and the scope of such subpoena power within executive
branch agencies;
(2) a description of applicable subpoena enforcement mecha-
nisms;
(3) a description of any notification provisions and any
other provisions relating to safeguarding privacy interests;
(4) a description of the standards governing the issuance
of administrative subpoenas; and
(5) recommendations from the Attorney General regarding
necessary steps to ensure that administrative subpoena power
is used and enforced consistently and fairly by executive branch
agencies.
(b) REPORT ON FREQUENCY OF USE OF ADMINISTRATIVE SUB-
POENAS.—
(1) IN GENERAL.—The Attorney General and the Secretary
of the Treasury shall report in January of each year to the
Committees on the Judiciary of the Senate and the House
of Representatives on the number of administrative subpoenas
issued by them under this section and the identity of the
agency or component of the Department of Justice or the
Department of the Treasury issuing the subpoena and imposing
the charges.
H. R. 3048—6
(2) EXPIRATION.—The reporting requirement of this sub-
section shall terminate in 3 years after the date of the enact-
ment of this section.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.