[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3048 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3048

   To amend section 879 of title 18, United States Code, to provide 
clearer coverage over threats against former Presidents and members of 
                their families, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 1999

 Mr. McCollum introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend section 879 of 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Threat Protection Act 
of 1999''.

SEC. 2. REVISION OF SECTION 879 OF TITLE 18, UNITED STATES CODE.

    (a) In General.--Section 879 of title 18, United States Code, is 
amended--
            (1) by striking ``or'' at the end of subsection (a)(2);
            (2) in subsection (a)(3)--
                    (A) by striking ``the spouse'' and inserting ``a 
                member of the immediate family''; and
                    (B) by inserting ``or'' after the semicolon at the 
                end;
            (3) by inserting after subsection (a)(3) the following:
            ``(4) a person protected by the Secret Service under 
        section 3056(a)(6);'';
            (4) in subsection (a)--
                    (A) by striking ``who is protected by the Secret 
                Service as provided by law,''; and
                    (B) by striking ``three years'' and inserting ``5 
                years''; and
            (5) in subsection (b)(1)(B)--
                    (A) by inserting ``and (a)(3)'' after ``subsection 
                (a)(2)''; and
                    (B) by striking ``or Vice President-elect'' and 
                inserting ``Vice President-elect, or major candidate 
                for the office of President or Vice President''.
    (b) Conforming Amendments.--
            (1) Heading.--The heading for section 879 of title 18, 
        United States Code, is amended by striking ``protected by the 
        Secret Service''.
            (2) Table of sections.--The item relating to section 879 in 
        the table of sections at the beginning of chapter 41 of title 
        18, United States Code, is amended by striking ``protected by 
        the Secret Service''.

SEC. 3. CLARIFICATION OF SECRET SERVICE AUTHORITY FOR SECURITY 
              OPERATIONS AT EVENTS AND GATHERINGS OF NATIONAL 
              SIGNIFICANCE.

    Section 3056 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) At the direction of the President, the United States Secret 
Service is authorized to participate, under the direction of the 
Secretary of the Treasury, in the planning, coordination, and 
implementation of security operations at events or gatherings of 
national significance, as determined by the President.''.

SEC. 4. NATIONAL THREAT ASSESSMENT CENTER.

    (a) Establishment.--The United States Secret Service (hereinafter 
in this section referred to as the ``Service''), at the direction of 
the Secretary of the Treasury, may establish the National Threat 
Assessment Center (hereinafter in this section referred to as the 
``Center'') as a unit within the Service.
    (b) Functions.--The Service may provide the following to Federal, 
State, and local law enforcement agencies through the Center:
            (1) Training in the area of threat assessment.
            (2) Consultation on complex threat assessment cases or 
        plans.
            (3) Research on threat assessment and the prevention of 
        targeted violence.
            (4) Facilitation of information sharing among all such 
        agencies with protective or public safety responsibilities.
            (5) Programs to promote the standardization of Federal, 
        State, and local threat assessments and investigations 
        involving threats.
            (6) Any other activities the Secretary determines are 
        necessary to implement a comprehensive threat assessment 
        capability.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Service shall submit a report to the 
committees on the judiciary of the Senate and the House of 
Representatives detailing the manner in which the Center will operate.

SEC. 5. ADMINISTRATIVE SUBPOENAS WITH REGARD TO PROTECTIVE INTELLIGENCE 
              FUNCTIONS OF THE SECRET SERVICE.

    (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) a Federal health care offense or 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 section 3056(a)(5), 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) 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) 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 for the 
purposes of an application modifying or setting aside the order) the 
existence of such summons for a period of 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 from prosecution;
            ``(iii) destruction of or tampering with evidence;
            ``(iv) intimidation of potential witnesses; or
            ``(v) defeating any remedy or penalty provided for the 
        violation of the laws of the United States.
    ``(C) An order under this paragraph may be renewed for additional 
90-day periods upon a showing that the circumstances described in 
subparagraph (B) continue to exist.
    ``(D) Whoever knowingly violates an order under this paragraph 
shall be fined under this title or imprisoned not more than 5 years, or 
both.
    ``(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.''.
    (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.

SEC. 6. FORFEITURE OF COMPUTERS AND OTHER DEVICES USED FOR 
              COUNTERFEITING.

    Section 492 of title 18, United States Code, is amended--
            (1) by striking the third and fourth undesignated 
        paragraphs;
            (2) by designating the remaining paragraphs as subsections 
        (a) and (b);
            (3) by adding the following new subsections:
    ``(c) All seizures and civil forfeitures pursuant to subsection (a) 
shall be governed by the procedures set forth in chapter 46 of this 
title pertaining to civil forfeitures, including section 981(d) which 
incorporates the customs laws (19 U.S.C. 1602 et seq.). The Attorney 
General shall have sole responsibility for disposing of petitions for 
remission or mitigation with respect to property involved in a judicial 
forfeiture proceeding.
    ``(d) A court in sentencing a person for a violation of this 
chapter or of sections 331-333, 335, 336, 642, or 1720 of this title, 
shall order the person to forfeit the property described in subsection 
(a). The forfeiture of property under this subsection, including any 
seizure and disposition of the property, and any related judicial or 
administrative proceeding, shall be governed by the provisions of 
section 413 (other than subsection (d) of that section) of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 
853).''; and
            (4) in subsection (b), as so designated by this section, by 
        striking ``fined not more than $100'' and inserting ``fined 
        under this title''.
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