Congressional Record, Volume 146 Issue 135 (Wednesday, October 25, 2000)

[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[House]
[Pages H10872-H10874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PRESIDENTIAL THREAT PROTECTION ACT OF 2000

Mr. HUTCHINSON. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the bill (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, with Senate amendments thereto, disagree to the Senate
amendments numbered 2 and 4, concur in Senate amendments numbered 1 and
3, and concur in Senate amendment numbered 5, with an amendment.
The Clerk read the title of the bill.
The Clerk read the Senate amendments, and the House amendment to the
Senate amendment, as follows:

Page 3, strike out lines 19 through 24 and insert:
``(e)(1) When directed by 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
special events of national significance, as determined by the
President.
``(2) At the end of each fiscal year, the President through
such agency or office as the President may designate, shall
report to the Congress--
``(A) what events, if any, were designated special events
of national significance for security purposes under
paragraph (1); and
``(B) the criteria and information used in making each
designation.''.
Page 7, line 6, after ``offense'' insert: or apprehension
of a fugitive
Page 8, strike out lines 17 through 19
Page 9, strike out line 14 and insert:
issuance.
``(11) With respect to subpoenas issued under paragraph
(1)(A)(i)(III), the Attorney General shall issue guidelines
governing the issuance of administrative subpoenas pursuant
to that paragraph. The guidelines required by this paragraph
shall mandate that administrative subpoenas may be issued
only after review and approval of senior supervisory
personnel within the respective investigative agency or
component of the Department of Justice and of the United
States Attorney for the judicial district in which the
administrative subpoena shall be served.''.
Page 10, after line 8, insert:

SEC. 6. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.

(a) Authority of Attorney General.--Section 3486(a)(1) of
title 18, United States Code, as amended by section 5 of this
Act is further amended in subparagraph (A)(i)--
(1) by striking ``offense or'' and inserting ``offense,'';
and
(2) by inserting ``or (III) with respect to the
apprehension of a fugitive,'' after ``children,''.
(b) Additional Basis for Nondisclosure Order.--Section
3486(a)(6) of title 18, United States Code, as amended by
section 5 of this Act, is further amended in subparagraph
(B)--
(1) by striking ``or'' and the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting ``; or''; and
(3) by adding at the end the following:
``(v) otherwise seriously jeopardizing an investigation or
undue delay of a trial.''.
(c) Definitions.--Section 3486 of title 18, as amended by
section 5 of this Act, is further amended by adding at the
end the following:
``(g) Definitions.--In this section--
``(1) the term `fugitive' means a person who--
``(A) having been accused by complaint, information, or
indictment under Federal law of a serious violent felony or
serious drug offense, or having been convicted under Federal
law of committing a serious violent felony or serious drug
offense, flees or attempts to flee from, or evades or
attempts to evade the jurisdiction of the court with
jurisdiction over the felony;
``(B) having been accused by complaint, information, or
indictment under State law of a serious violent felony or
serious drug offense, or having been convicted under State
law of committing a serious violent felony or serious drug
offense, flees or attempts to flee from, or evades

[[Page H10873]]

or attempts to evade, the jurisdiction of the court with
jurisdiction over the felony;
``(C) escapes from lawful Federal or State custody after
having been accused by complaint, information, or indictment
of a serious violent felony or serious drug offense or having
been convicted of committing a serious violent felony or
serious drug offense; or
``(D) is in violation of subparagraph (2) or (3) of the
first undesignated paragraph of section 1073;
``(2) the terms `serious violent felony' and `serious drug
offense' shall have the meanings given those terms in section
3559(c)(2) of this title; and
``(3) the term `investigation' means, with respect to a
State fugitive described in subparagraph (B) or (C) of
paragraph (1), an investigation in which there is reason to
believe that the fugitive fled from or evaded, or attempted
to flee from or evade, the jurisdiction of the court, or
escaped from custody, in or affecting, or using any facility
of, interstate or foreign commerce, or as to whom an
appropriate law enforcement officer or official of a State or
political subdivision has requested the Attorney General to
assist in the investigation, and the Attorney General finds
that the particular circumstances of the request give rise to
a Federal interest sufficient for the exercise of Federal
jurisdiction pursuant to section 1075.''.

SEC. 7. FUGITIVE APPREHENSION TASK FORCES.

(a) In General.--The Attorney General shall, upon
consultation 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.
(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. 8. 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
mechanisms;
(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
Subpoenas.--
(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, whether each matter
involved a fugitive from Federal or State charges, 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.
(2) Expiration.--The reporting requirement of this
subsection shall terminate in 3 years after the date of
enactment of this section.
__

In lieu of the matter inserted by the Senate amendment
numbered 5, insert the following:

SEC. 6. FUGITIVE APPREHENSION TASK FORCES.

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
mechanisms;
(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
Subpoenas.--
(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.
(2) Expiration.--The reporting requirement of this
subsection shall terminate in 3 years after the date of
enactment of this section.

Mr. HUTCHINSON (during the reading). Mr. Speaker, I ask unanimous
consent that the Senate amendments be considered as read and printed in
the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
The SPEAKER pro tempore. Is there objection to the initial request of
the gentleman from Arkansas?
Mr. SCOTT. Mr. Speaker, reserving the right to object, I would ask
the gentleman to explain the purpose of his request and the amendments
that are being proposed.
Mr. HUTCHINSON. Mr. Speaker, will the gentleman yield?
Mr. SCOTT. I yield to the gentleman from Arkansas.
Mr. HUTCHINSON. Mr. Speaker, H.R. 3048, the Presidential Threat
Protection Act of 2000 passed the House by voice vote on June 26 of
this year.
The bill was introduced by the chairman of the Subcommittee on Crime,
the gentleman from Florida (Mr. McCollum), to clarify the authority of
the Secret Service to protect the President, former Presidents and
their families, and candidates for the Office of President and Vice
President and their families.
When this bill was considered in the other body, provisions were
added that would have authorized the Attorney General to issue
administrative subpoenas, principally through the U.S. Marshal Service
in connection with investigations of fugitives from justice.
These provisions have caused considerable concern in the House, and
in response to those concerns the unanimous consent request that I am
making today will strike all of the provisions dealing with the
administrative subpoenas in fugitive cases.
The unanimous request retains a provision from the Senate amendment
to the underlying bill that requires the Attorney General to establish
and fund fugitive apprehension task forces which are comprised of
Federal, State, and local law enforcement agencies who work together to
catch Federal and State fugitives.
Mr. Speaker, task forces such as these, led by the FBI with respect
to violent crimes generally and led by the Marshals Service in fugitive
cases, have proven effective over the years and should be continued.
The Attorney General retains the discretion as to where these task
forces should be located; however, we believe that fugitive task forces
created under this provision should not be located in places where they
might overlap with existing FBI violent crime task forces.
Finally, Mr. Speaker, the unanimous consent requests that I am making
today retain two minor amendments to the underlying Secret Service bill
requested by the Senate.
Mr. Speaker, as I have said, this bill first passed the House by
voice vote. The provisions added by the Senate that have caused concern
here in the House will be deleted by my request. It

[[Page H10874]]

is vitally important to the protective operation of the Secret Service
that the remaining portions of this bill, the provisions that have
passed without opposition, be enacted into law.
Mr. SCOTT. Mr. Speaker, based on the explanation, particularly in
light of the disagreement to Senate amendments numbered 2 and 4, and
the other amendments I do agree with, I support their concurrence.
Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the initial request of
the gentleman from Arkansas?
There was no objection.
A motion to reconsider was laid on the table.

____________________