[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[House]
[Pages 12294-12296]
[From the U.S. Government Publishing Office, www.gpo.gov]



               PRESIDENTIAL THREAT PROTECTION ACT OF 2000

  Mr. COBLE. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
  The Clerk read as follows:

                               H.R. 3048

       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.''.

[[Page 12295]]



     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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Coble) and the gentleman from Ohio (Mr. Traficant) 
each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Coble).


                             General Leave

  Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3048, the Presidential Threat Protection Act of 
2000, was introduced by the chairman of the Crime Subcommittee, the 
gentleman from Florida (Mr. McCollum) and is the product of close 
collaboration between the gentleman from Florida and the staff of the 
Subcommittee on Crime and the Secret Service.
  The bill addresses several problems that the Director of the Secret 
Service raised at an oversight hearing held by the Subcommittee on 
Crime last year.
  The subcommittee reported the bill favorably by voice vote in March 
and the full Committee on the Judiciary reported the bill favorably by 
voice vote last month.
  The principal purpose of the bill is to clarify the Secret Service's 
jurisdiction to investigate threats made against former Presidents or 
their families and the immediate families of the President, Vice 
President, President-elect, the Vice President-elect and major 
candidates for the offices of President or Vice President.
  Under current law, Mr. Speaker, for the Secret Service to investigate 
a threat made against one of these persons, that person must be 
receiving Secret Service protection at the time the threat is made. 
Should a former President decline Secret Service protection, as has 
occurred in the past, threats made against him would not be Federal 
crimes and so could not be investigated by the Secret Service.
  This problem will be exacerbated in the future by a decision Congress 
made in 1994 that Secret Service protection for former Presidents and 
their spouses terminate 10 years after the President leaves office.
  To remedy this problem, H.R. 3048 will amend current law to make it a 
Federal crime which the Secret Service is authorized to investigate for 
any person to threaten any current or former President, the current 
Vice President, the President-elect, or Vice

[[Page 12296]]

President-elect, or the immediate family of such person, regardless of 
whether the Secret Service is protecting the person at the time the 
threat is made.
  This section of the bill will expand current Secret Service authority 
so that it may investigate threats made against the immediate family of 
major candidates for the office of President or Vice President. Under 
current law, the Secret Service may only investigate threats made 
against the candidate and his or her spouse. The bill will also clarify 
the Agency's authority to plan security for events of national 
significance such as an economic summit of G7 ministers or a meeting of 
the WTO, for example.
  In recent years, the President has directed the Service to 
participate in the design, planning and implementation of security 
operations at special events of national significance. In some cases, 
however, none of the persons traditionally protected by the Service may 
be present at these events or present at all times during the event. 
Therefore, the Service's authority to coordinate the security for these 
events is unclear.
  As the Service is the preeminent law enforcement agency in the world 
when it comes to expertise in planning security operations, it is 
appropriate that this expertise be brought to bear in the planning for 
events of this magnitude. This bill will make that authority clear.
  H.R. 3048 also authorizes the Secret Service to use administrative 
subpoenas in limited situations. Administrative subpoenas are subpoenas 
issued by a law enforcement agency rather than a United States court. 
Administrative subpoenas are authorized by the Attorney General under 
current law for investigations of drug crime, Federal health care 
offenses, or cases involving child abuse and child sexual exploitation.
  The Service has requested administrative subpoena authority for 
investigations of threats made against the President and its other 
protectees. There is no question that if the Service is delayed for 
several days in obtaining a subpoena it needs, such as when the courts 
are closed over a weekend or during a Federal holiday, the trail of a 
potential assassin could be lost. It seems reasonable to me to allow 
the Service to issue these types of subpoenas, but only in threat 
cases.
  This bill would give the Secretary of the Treasury the authority to 
issue such a subpoena, but only upon the determination of the Director 
of the Secret Service that a threat against one of its protectees is 
imminent. Further, the power is limited to requesting only the 
production of records and other tangible things. The subpoena may not 
be used to obtain the testimony of any person, except for the person 
who is the custodian of the records for an organization.
  This bill also creates a means by which a citizen can challenge an 
administrative subpoena in the courts, something for which current law 
does not specifically provide.
  The Secret Service is one of our Nation's oldest and best law 
enforcement agencies. We need to give it the statutory authority and 
investigative tools it needs to do the job that Congress has given it. 
This bill will help do that.
  Mr. Speaker, I urge all of my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TRAFICANT. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to start out by commending the gentleman from 
North Carolina (Mr. Coble), the gentleman from Virginia (Mr. Scott), 
the Committee on the Judiciary, the gentleman from Florida (Mr. 
McCollum), the gentleman from Illinois (Mr. Hyde), and the gentleman 
from Michigan (Mr. Conyers) on a bill that passed the Committee on the 
Judiciary unanimously, not only of its import but the significance of 
it in this timely fashion as we approach a season of presidential 
elections.

                              {time}  1415

  I too rise in strong support of H.R. 3048. It reflects that 
bipartisanship, and it is a pleasure to see such bipartisanship here in 
the House.
  As the gentleman from North Carolina (Mr. Coble) has stated, the bill 
would amend current law to make it clear that it is a Federal crime, a 
Federal crime which the Secret Service is authorized to investigate, 
for any person to threaten any current or former President, Vice 
President, or immediate family member of that person, notwithstanding 
the fact that the Secret Service may not be at that time, in fact, 
protecting the person that the threat is made on.
  It also expands current Secret Service authority to investigate 
threats made against the immediate family of candidates for the office 
of President or Vice President. Under current law, the protection 
covers only the candidates and their spouses.
  Another provision of the bill authorizes the Secret Service to 
participate in the planning, coordination, and implementation of 
security operations at events and gatherings of national significance, 
even if the President or Vice President is not scheduled to attend.
  In light of the Secret Service's expertise, second to none in the 
area of planning security operations of this type and its 
responsibilities in protecting diplomats, it makes for sound public 
policy to authorize the agency to participate in such planning and 
coordination, as they did at summit meetings such as the G-7 economic 
ministers meeting held here not so long ago.
  The bill also provides, as the gentleman from North Carolina (Mr. 
Coble) had so eloquently explained, a limited-use administrative 
subpoena authority by the Secret Service where there has been a threat 
against the President, a former President, or other persons protected 
by the Secret Service.
  I would just like to close by saying that the Secret Service is a 
very noble agency. I think they do a tremendous job for the American 
people. I believe this bill is fitting, and I want to commend the 
Committee on the Judiciary for its unanimous vote and its 
bipartisanship in addressing it in this season.
  Mr. TRAFICANT. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. COBLE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion 
offered by the gentleman from North Carolina (Mr. Coble) that the House 
suspend the rules and pass the bill, H.R. 3048, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________