[Congressional Record (Bound Edition), Volume 146 (2000), Part 17]
[House]
[Pages 24352-24353]
[From the U.S. 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:

       Senate Amendments:
       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 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.
                                    __
                                  
       House amendment to Senate amendment No. 5:
       In lieu of the matter inserted by the Senate amendment 
     numbered 5, insert the following:

     SEC. 6. 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. 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

[[Page 24353]]

     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 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.

                          ____________________