Presidential Threat Protection Act of 2000

Summary: (Sec. 3) Authorizes the Secret Service, at the direction of: (1) the President, under the direction of the Secretary of the Treasury, to participate in the planning, coordination, and implementation of security operations at events or gatherings of national significance; and (2) the Secretary, to establish the National Threat Assessment Center as a unit within the Service. Sets forth provisions regarding functions of the Center and reporting requirements.
(Sec. 5) Rewrites provisions regarding administrative subpoenas in Federal health care investigations to provide that, in any investigation of a Federal health care offense or a Federal offense involving the sexual exploitation or abuse of children, the Attorney General (or, in the case of an offense involving threats against the President and successors to the Presidency, or against former Presidents and certain other persons protected by the Secret Service, if the Secret Service Director determines that such threat is imminent, the Secretary) may issue in writing and cause to be served a subpoena requiring the production of any records or other things relevant to the investigation and testimony by the custodian of the things required to be produced concerning the production and authenticity of those things.
Specifies that the production of records relating to a Federal health care offense shall not be required at any place more than 500 miles from the place where the subpoena for the production of such records is served, and that 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. Allows the person or entity summoned, at any time before the return date specified in the summons, to petition in U.S. district court for the district in which that person or entity does business or resides for an order modifying or setting aside the summons, or a prohibition of disclosure ordered by a court.
Authorizes a U.S. district court for the district in which the summons is or will be served, upon application of the United States, to issue an ex parte order that no person or entity disclose to any other person or entity (other than to an attorney to obtain legal advice) the existence of such summons for a 90-day period. Specifies that such order may be issued upon 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: (1) endangerment to the life or physical safety of any person; (2) flight to avoid prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) defeating any remedy or penalty provided for the violation of the laws of the United States.
Sets forth provisions regarding: (1) renewal for additional 90-day periods; and (2) penalties for violations. Prohibits such a summons from requiring the production of anything that would be protected from production under standards applicable to a subpoena duces tecum issued by a U.S. court. Directs the agency to which those records or things were delivered, if no case or proceeding arises from their production within a reasonable time, to return them (upon written demand) to that person, except where the production required only copies.
(Sec. 6) Directs the Attorney General to establish permanent Fugitive Apprehension Task Forces, consisting of Federal, State, and local law enforcement authorities, to locate and apprehend fugitives. Authorizes appropriations.
(Sec. 7) Requires the: (1) Attorney General to study and report to the Senate and House Judiciary Committees on the use of subpoena power by executive agencies or entities; and (2) Attorney General and Secretary to report to such committees on the number of subpoenas issued and the Federal agency or component issuing the subpoena.

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)(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.''.

SEC. 4. 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) 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 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.
    ``(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. 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 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 the enactment of this 
    section.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.