[106th Congress Public Law 544]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ544.106]
[[Page 114 STAT. 2715]]
Public Law 106-544
106th Congress
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. <<NOTE: Dec. 19, 2000 - [H.R.
3048]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Presidential
Threat Protection Act of 2000.>>
SECTION 1. <<NOTE: 18 USC 871 note.>> 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''.
[[Page 114 STAT. 2716]]
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)(1) <<NOTE: President.>> 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.''.
SEC. 4. <<NOTE: 18 USC 3056 note.>> NATIONAL THREAT ASSESSMENT CENTER.
(a) Establishment.--The United States Secret Service (hereafter in
this section referred to as the ``Service''), at the direction of the
Secretary of the Treasury, may establish the National Threat Assessment
Center (hereafter 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) <<NOTE: Deadline.>> 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
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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;
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``(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.
``(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''.
SEC. 6. <<NOTE: 28 USC 566 note.>> 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.
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(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 <<NOTE: 5 USC 551 note.>> ADMINISTRATIVE
SUBPOENAS.
(a) <<NOTE: Deadline.>> 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.
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(2) Expiration.--The reporting requirement of this
subsection shall terminate in 3 years after the date of the
enactment of this section.
Approved December 19, 2000.
LEGISLATIVE HISTORY--H.R. 3048:
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HOUSE REPORTS: No. 106-669 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 146 (2000):
June 26, considered and passed House.
Oct. 13, considered and passed Senate, amended.
Oct. 25, House disagreed to and concurred in certain Senate
amendments, in another with an amendment.
Dec. 6, Senate receded from certain amendments and concurred
in House amendment.
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