[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3048 Placed on Calendar Senate (PCS)]
Calendar No. 775
106th CONGRESS
2d Session
H. R. 3048
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2000
Received; read the first time
September 5, 2000
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
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 2000''.
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) Under the direction of the Secretary of the Treasury, the
United States Secret Service is authorized to coordinate the design,
planning, and implementation of security operations for any special
event of national significance, as determined by the President or the
President's designee.''.
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 1 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)(I) 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).
``(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 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;
``(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.
``(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.
``(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''.
Passed the House of Representatives June 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 775
106th CONGRESS
2d Session
H. R. 3048
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
September 5, 2000
Read the second time and placed on the calendar