PUBLIC LAW 106–544—DEC. 19, 2000 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.

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’’.

18 USC 871 note.

Presidential

Threat Protection

Act of 2000.

Dec. 19, 2000

[H.R. 3048]

114 STAT. 2716 PUBLIC LAW 106–544—DEC. 19, 2000

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

Deadline.

18 USC 3056

note.

President.

PUBLIC LAW 106–544—DEC. 19, 2000 114 STAT. 2717

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;

114 STAT. 2718 PUBLIC LAW 106–544—DEC. 19, 2000

‘‘(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.

28 USC 566 note.

PUBLIC LAW 106–544—DEC. 19, 2000 114 STAT. 2719

(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.

Deadline.

5 USC 551 note.

114 STAT. 2720 PUBLIC LAW 106–544—DEC. 19, 2000

LEGISLATIVE HISTORY—H.R. 3048:

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.

Æ

(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.