II
Calendar No. 775
106TH CONGRESS
2D SESSION
H. R. 3048
IN THE SENATE OF THE UNITED STATES
JULY 27, 2000
Received; read the first time
SEPTEMBER 5, 2000
Read the second time and placed on the calendar
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 Representa-
tives of the United States of America in Congress assembled,
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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 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
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 ‘‘sub-
section (a)(2)’’; and
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(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
amended by adding at the end the following:
‘‘(e) Under the direction of the Secretary of the
Treasury, the United States Secret Service is authorized
to coordinate the design, planning, and implementation of
security operations for any special event of national sig-
nificance, as determined by the President or the Presi-
dent’s designee.’’.
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SEC. 4. NATIONAL THREAT ASSESSMENT CENTER.
(a) ESTABLISHMENT.—The United States Secret
Service (hereinafter in this section referred to as the
‘‘Service’’), at the direction of the Secretary of the Treas-
ury, may establish 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 agen-
cies 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 deter-
mines 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
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‘‘(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 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 sub-
scriber 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 pro-
duction and authentication of such records or infor-
mation.
‘‘(D) As used in this paragraph, the term ‘Federal
offense involving the sexual exploitation or abuse of chil-
dren’ means an offense under section 1201, 2241(c),
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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 jurisdic-
tion 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 prohi-
bition 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 applica-
tion 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
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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 investiga-
tion 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
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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 sec-
tion 3486 of title 18, United States Code, is amend-
ed 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
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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 ‘‘sum-
moned’’ and inserting ‘‘subpoenaed’’; and
(2) in subsection (d), by striking ‘‘summons’’
each place it appears and inserting ‘‘subpoena’’.
Passed the House of Representatives June 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 775
106TH CONGRESS
2D SESSION
H. R. 3048
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.
SEPTEMBER 5, 2000
Read the second time and placed on the calendar