IB
Union Calendar No. 375
106TH CONGRESS
2D SESSION
H. R. 3048
[Report No. 106–669]
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.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 8, 1999
Mr. MCCOLLUM introduced the following bill; which was referred to the
Committee on the Judiciary
JUNE 12, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on October 8, 1999]
A BILL
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Presidential Threat Pro-
tection 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 fol-
lowing:
‘‘(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 Se-
cret 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 ‘‘sub-
section (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 Serv-
ice’’.
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 amend-
ed by adding at the end the following:
‘‘(e) Under the direction of the Secretary of the Treas-
ury, the United States Secret Service is authorized to co-
ordinate the design, planning, and implementation of secu-
rity operations for any special event of national signifi-
cance, as determined by the President or the President’s des-
ignee.’’.
SEC. 4. NATIONAL THREAT ASSESSMENT CENTER.
(a) ESTABLISHMENT.—The United States Secret Serv-
ice (hereinafter in this section referred to as the ‘‘Service’’),
at the direction of the Secretary of the Treasury, may estab-
lish 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 fol-
lowing 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 pre-
vention of targeted violence.
(4) Facilitation of information sharing among
all such agencies with protective or public safety re-
sponsibilities.
(5) Programs to promote the standardization of
Federal, State, and local threat assessments and in-
vestigations 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 re-
port 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 Sec-
retary of the Treasury;
may issue in writing and cause to be served a subpoena
requiring the production and testimony described in sub-
paragraph (B).
‘‘(B) Except as provided in subparagraph (C), a sub-
poena 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 re-
quired 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 Fed-
eral 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 of-
fense 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 prohibi-
tion 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 ex-
istence 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) con-
tinue 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 sub-
poena duces tecum issued by a court of the United States.
‘‘(8) If no case or proceeding arises from the produc-
tion of records or other things pursuant to this section with-
in a reasonable time after those records or things are pro-
duced, the agency to which those records or things were de-
livered shall, upon written demand made by the person pro-
ducing 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 sub-
poena.
‘‘(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 sec-
tions 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’’.
Union Calendar No. 375
106TH CONGRESS
2D SESSION
H. R. 3048
[Report No. 106–669]
A BILL
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.
JUNE 12, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed