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






                                                 Union Calendar No. 375
106th CONGRESS
  2d Session
                                H. R. 3048

                          [Report No. 106-669]

   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

                             June 12, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on October 
                                8, 1999]

_______________________________________________________________________

                                 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 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 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)(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''.
                                                 Union Calendar No. 375

106th CONGRESS

  2d Session

                               H. R. 3048

                          [Report No. 106-669]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 12, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed