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[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

[[Page 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;

[[Page 114 STAT. 2718]]

            ``(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.

[[Page 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 <<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.

[[Page 114 STAT. 2720]]

            (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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