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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-669

======================================================================



 
               PRESIDENTIAL THREAT PROTECTION ACT OF 2000

                                _______
                                

 June 12, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3048]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3048) 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, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
The Amendment..............................................           2
Purpose and Summary........................................           4
Background and Need for the Legislation....................           4
Hearings...................................................           7
Committee Consideration....................................           7
Vote of the Committee......................................           7
Committee Oversight Findings...............................           7
Committee on Government Reform Findings....................           7
New Budget Authority and Tax Expenditures..................           7
Congressional Budget Office Cost Estimate..................           7
Constitutional Authority Statement.........................           9
Section-by-Section Analysis and Discussion.................           9
Agency Views...............................................          13
Changes in Existing Law Made by the Bill, as Reported......          15
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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) 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 significance, as determined by the President or the 
President's designee.''.

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 Treasury, 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 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 one 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.
    ``(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 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''.

                          Purpose and Summary

    The principle purpose of H.R. 3048 is to clarify the 
jurisdiction of the United States Secret Service to investigate 
threats made against former Presidents or their families, or 
the immediate families of the President, Vice President, 
President Elect, Vice President Elect, and major candidates for 
the office of President or Vice President and to provide the 
Service with appropriate investigative tools to investigate 
those threats. The bill also clarifies the authority of the 
Secret Service to participate in the design, planning, and 
implementation of security operations at special events of 
national significance. Further, the bill authorizes the Service 
to establish a National Threat Assessment Center as an office 
within the Service. Finally, H.R. 3048 authorizes the Secretary 
of the Treasury, in limited situations, to issue administrative 
subpoenas in cases involving threats made against a person whom 
the Secret Service is authorized to protect.

                Background and Need for the Legislation

    In 1998, the Department of Justice transmitted to the 
Speaker of the House a draft bill entitled the Threat 
Protection for Former Presidents Act of 1998 requesting the 
bill be introduced and enacted in the House. That bill proposed 
to expand the authority of the United States Secret Service in 
a manner similar to section 2 of H.R. 3048. In June, 1999, the 
Subcommittee on Crime held an oversight hearing of the Secret 
Service during which various issues concerning the work of the 
Service were discussed.\1\ During the hearing several areas 
were identified as to which legislative changes would be 
appropriate. The provisions of H.R. 3048 address a number of 
those areas.
---------------------------------------------------------------------------
    \1\ The transcript of that hearing is available from the committee 
as Serial No. 6.
---------------------------------------------------------------------------
    The principal change made by the bill is with respect to 
the jurisdiction of the Secret Service to investigate threats 
made against former Presidents or their families, or the 
immediate families of the President, Vice President, President 
Elect, the Vice President Elect, and major candidates for the 
office of President or Vice President. Under current law, in 
order for the Service to have jurisdiction to investigate a 
threat made against any person, that person must currently be 
receiving Secret Service protection.\2\ However, the immediate 
family of major candidates for the office of President and Vice 
President do not receive Secret Service protection and so, 
threats made against them are not Federal crimes and may not be 
investigated by the Service. Obviously, threats made against 
children of candidates for President or Vice President are 
often related to their candidacy, and should be investigated by 
the Federal law enforcement agency charged with protecting the 
candidate during the pendency of their campaign.
---------------------------------------------------------------------------
    \2\ 18 U.S.C. Sec. 879
---------------------------------------------------------------------------
    Similarly, should a former President decline Secret Service 
protection, as has occurred in the past,\3\ threats made 
against him would not be a Federal crime and may not be 
investigated by the Secret Service. This potential problem will 
be exacerbated by a change made to title 18 in 1994 which 
requires that Secret Service protection for former Presidents 
and their spouses terminate 10 years after the President leaves 
office.\4\
---------------------------------------------------------------------------
    \3\ Former President Nixon declined Secret Service protection as of 
August 1, 1985.
    \4\ 18 U.S.C. Sec. 3056(a)(3). This provision will only apply to 
Presidents who take office in and after 2001.
---------------------------------------------------------------------------
    To remedy this problem, H.R. 3048 will amend current law to 
make it clear that it will be a Federal crime, which the Secret 
Service is authorized to investigate, for any person to 
threaten any current or former President, Vice President, or 
the immediate family of that person, notwithstanding the fact 
that the Secret Service may not be protecting the person at the 
time the threat is made. This section of the bill will also 
expand current Secret Service authority so that it may 
investigate threats made against the immediate family of 
candidates for the office of President, or Vice President.
    H.R. 3048 will also clarify the authority of the Secret 
Service to coordinate the design, planning, and implementation 
of security operations at special events of national 
significance, as determined by the President or his designee. 
Under the authorizing statute for the Secret Service,\5\ the 
Service is authorized to protect a number of persons, 
including: the President, Vice President, former Presidents and 
their spouse and certain of their children, visiting heads of 
foreign states or governments, other distinguished visitors to 
the United States, major candidates for the office of President 
and Vice President, and certain other persons as to whom the 
President directs receive such protection. Recently, the 
President has directed the Secret Service to coordinate the 
design, planning, and implementation of security operations at 
special events of national significance. In some cases, 
however, none of the persons specified in section 3056 may be 
present at these events and, therefore, the Secret Service's 
authority to coordinate the security for these events is 
unclear.
---------------------------------------------------------------------------
    \5\ 18 U.S.C. Sec. 3056.
---------------------------------------------------------------------------
    Because the Secret Service is the preeminent law 
enforcement agency in the world in planning security 
operations, the committee believes it is appropriate that this 
expertise be brought to bear in regard to the planning for 
major events within the United States, such as summit meetings 
of the G-7 economic ministers and Olympic Games hosted by the 
United States. H.R. 3048 clarifies the authority of the Secret 
Service to do this by specifically authorizing it to coordinate 
the design, planning, and implementation of security operations 
at these events.
    H.R. 3048 also authorizes the Secretary of the Treasury to 
issue administrative subpoenas in limited situations. 
Administrative subpoenas are subpoenas issued by a law 
enforcement agency rather than a United States court. Under 
current law the authority to issue administrative subpoenas is 
given to the Attorney General, but limited to cases involving 
violations of Title 21 (i.e., drug cases), investigations 
concerning a Federal health care offense, or investigations 
involving child abuse and child sexual exploitation.\6\ During 
the oversight hearing of the Service held by the Subcommittee 
on Crime, the Service asked the committee to consider granting 
it administrative subpoena authority for investigations under 
sections 871 and 879 of title 18 (involving threats against the 
President, former Presidents, and other persons protected by 
the Service.). The bill grants the Secretary of the Treasury 
this authority but limits its use by the Secretary only to 
cases where the Director of the Service determines that the 
threat being investigated is imminent.
---------------------------------------------------------------------------
    \6\ 18 U.S.C. Sec. Sec. 3486, 3486A; 21 U.S.C. Sec. 876.
---------------------------------------------------------------------------
    The administrative subpoena power proposed in the bill 
would grant the Secretary the authority to require the 
production of records and other things relevant to an 
investigation (but not the testimony of persons) in cases 
involving violations of those two statutes. The Service has 
informed the committee that it would seek to use this power, 
for example, in a situation where a person has made threats 
against the President and is believed to be en route to act 
upon those threats. The administrative subpoena authority would 
enable the Service to expeditiously obtain credit card 
receipts, rental car receipts, hotel receipts, and other 
documentary evidence in an effort to track the progress of the 
potential assassin. The Service's ability to obtain this 
information promptly could be delayed under current law by the 
time it takes to seek a court order or a grand jury subpoena 
for this information, and could be delayed for several days if 
the information is sought over a weekend when courts are 
closed. Should the Service be delayed for several days in 
obtaining this information, the potential assassin could more 
easily elude interdiction prior to acting on his or her threat. 
For this reason also, H.R. 3480 authorizes the Service to 
request production of the records and relevant things sought 
through the administrative subpoena within 24 hours.
    The use by the Service of the new administrative subpoena 
authority set forth in the bill is limited to investigations 
involving the two types of cases listed above. The remainder of 
the statute set forth in the bill is a consolidation of the two 
administrative subpoena statutes that exist in title 18 today, 
together with the new authority granted to the Secretary of the 
Treasury under this bill, into one comprehensive statute. The 
re-draft also contains provisions designed to give citizens 
added protections against misuse of these subpoenas, including 
provisions that give citizens the right to move a court to 
quash an administrative subpoena and which describe the process 
by which that may be accomplished.

                                Hearings

    The committee's Subcommittee on Crime held no hearings on 
H.R. 3048. The subcommittee did hold an oversight hearing on 
the United States Secret Service on June 24, 1999 during which 
various issues to which the bill relates were discussed.

                        Committee Consideration

    March 16, 20000, the Subcommittee on Crime met in open 
session and ordered favorably reported the bill H.R.3048, as 
amended, by a voice vote, a quorum being present. On May 17, 
2000, the committee met in open session and ordered favorably 
reported the bill H.R. 3048 with an amendment by voice vote, a 
quorum being present.

                         Vote of the Committee

    During committee consideration of the bill, H.R. 3048, Mr. 
McCollum offered an amendment in the nature of a substitute 
incorporating amendments made to the bill during subcommittee 
consideration, which was adopted by voice vote. There were no 
rollcall votes.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the committee reports that the 
findings and recommendations of the committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform were received as referred to in clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the committee sets forth, with 
respect to the bill, H.R. 3048, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 12, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3048, the 
Presidential Threat Protection Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact for this 
estimate is Mark Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers Jr.
        Ranking Democratic Member
H.R. 3048--Presidential Threat Protection Act of 2000.
    CBO estimates that implementing this legislation would have 
no significant impact on the federal budget. The bill would 
affect direct spending and receipts, so pay-as-you-go 
procedures would apply, but we estimate that the amounts 
involved would be less than $500,000 a year. H.R. 3048 contains 
no intergovernmental or private-sector mandates as defined in 
the Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    H.R. 3048 would broaden the current laws against 
threatening persons protected by the Secret Service to cover 
certain family members of major candidates for President and 
Vice President. For cases involving threats against persons 
protected by the Secret Service, the bill would provide 
subpoena authority to the Secretary of the Treasury and would 
increase the maximum penalties for offenders. H.R. 3048 also 
would authorize the Secret Service to establish the National 
Threat Assessment Center as a unit within that agency to 
provide assistance to federal, state, and local law enforcement 
agencies.
    The Secret Service already provides assistance to federal 
and nonfederal agencies for threat assessments through its 
Office of Protective Research. Based on discussions with the 
agency, CBO expects that establishing the National Threat 
Assessment Center would not significantly increase the costs of 
such assistance.
    If H.R. 3048 were enacted, the federal government would be 
able to pursue cases that it otherwise would not be able to 
prosecute and could assign longer prison sentences to persons 
convicted of threatening certain persons protected by the 
Secret Service. CBO expects that any increase in federal costs 
for law enforcement, court proceedings, or prison operations 
would not be significant, however, because of the small number 
of cases likely to be involved. Any such additional costs would 
be subject to the availability of appropriated funds.
    Because those prosecuted and convicted under H.R. 3048 
could be subject to criminal fines, the federal government 
might collect additional fines if the bill is enacted. 
Collections of such fines are recorded in the budget as 
governmental receipts (revenues), which are deposited in the 
Crime Victims Fund and spent in subsequent years. CBO expects 
that any additional receipts and direct spending would be less 
than $500,000 each year.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the committee finds the authority for 
this legislation in Article I, section 8, clause 18 of the 
Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short Title.
    Section 1 of the bill states the short title of the Act as 
the ``Presidential Threat Protection Act of 2000.''
Section 2. Revision of Section 879 Title 18, United States Code.
    Section 2 of the bill amends section 879 of title 18, 
United States Code; the section that makes it a Federal crime 
to threaten to kill, kidnap, or inflict bodily harm against 
former Presidents or their families, or the immediate families 
of the President, President-elect, Vice President, or the Vice 
President-elect. Additionally, that section makes it a crime to 
threaten major candidates for the office of President or Vice 
President, or the spouses of those candidates. Under existing 
section 879, it is a crime to threaten these individuals only 
if the Secret Service is providing protection to them at the 
time the threat is made.
    The bill deletes the requirement that the Secret Service be 
protecting the person named in that statute in order for a 
threat made against that person to be a Federal crime. As a 
result, the Service will be authorized to investigate threats 
made against any of the persons named in section 879 regardless 
of whether the Service is protecting them because simply 
threatening a person named in that section will be a Federal 
crime.
    Section 2 of the bill also extends coverage of the statute 
to the immediate family of candidates for the office President 
or Vice President. Under current law, only the candidate and 
his or her spouse are covered by the statute. Threats against 
other members of the candidate's immediate family do not 
violate section 879 and, therefore, do not provide the Secret 
Service with a basis to investigate the threat. Under the 
change made by the bill, threats against the immediate family 
of candidates for the office of President or Vice President 
will violate section 879, and may be invested by the Service.
    Additionally, section 2 of the bill will amend section 879 
of title 18 to make it a Federal crime which the Secret Service 
would investigate to threaten any other person protected by the 
Secret Service. Under section 3056 of title 18, the Service is 
authorized to protect visiting heads of foreign states or 
governments, other distinguished foreign visitors to the United 
States, and certain other persons as to whom the President 
directs are to receive such protection. Currently, threats 
against these persons are not actionable under section 879.\7\ 
H.R. 3048 will make threats against these persons a violation 
of section 879, which will give the Service the authority to 
investigate the threats, if the person was protected by the 
Service at the time a threat was made.
---------------------------------------------------------------------------
    \7\ Threats against some of these persons might violate other 
Federal statutes. See, e.g., 18 U.S.C. Sec. Sec. 112, 1114.
---------------------------------------------------------------------------
    Finally, this section of the bill increases the maximum 
penalty for violations of section 879 from three years to five 
years. This change will bring the punishment for violations of 
section 879 in line with the maximum punishment for the other 
crimes listed in chapter 41 of title 18 (the chapter dealing 
with extortion and threats.)
Section 3. Clarification of Secret Service Authority for Security 
        Operations at Events and Gatherings of National Significance.
    The powers, authorities, and duties of the United States 
Secret Service are described in section 3056 of title 18.\8\ 
With respect to its protective functions, the Secret Service is 
authorized to protect a number of persons including: the 
President, Vice President, former Presidents and their spouses 
and some of their children, visiting heads of foreign states or 
governments, other distinguish foreign visitors to the United 
States, major candidates for the office the President and Vice 
President, and certain other persons as to whom the President 
directs are to receive such protection. In the past several 
years, however, the President has also directed the Secret 
Service to coordinate the design, planning, and implementation 
of security operations at special events of national 
significance (such as the 50th Anniversary Summit of the North 
Atlantic Treaty Organization in 1999 and the annual meeting of 
the International Monetary Fund and the World Bank in 2000.) 
Because none of the persons specified in section 3056 may be 
present at these events, or present at all times during the 
event, the authority of the Secret Service to coordinate the 
security for these events is unclear.
---------------------------------------------------------------------------
    \8\ Additional authorizing statutes concerning the Secret Service 
are set forth in section 1752 of title 18 and section 202 of title 3.
---------------------------------------------------------------------------
    The committee believes that it is appropriate that the 
expertise developed by the Secret Service in the area of 
protective operations over the last 100 years be brought to 
bear in coordinating the design, planning, and implementation 
of security operations for these events. Section 3 of the bill, 
therefore, extends the authority of the Secret Service so that 
it may coordinate the design, planning, and implementation of 
security operations for any special event of national 
significance. The determination as to whether an event is of 
such national significance as to fall within the meaning of 
section 3 of the bill is to be determined by the President or 
his designee. The decision as to whether the Service will 
participate in any specific event is to be determined by the 
Secretary of the Treasury. The committee intends that the 
involvement of the Service at these events be limited to 
security operations. This section of the bill is not intended 
to authorize the Service to act as the lead Federal agency with 
respect to all aspects of such event nor to usurp the authority 
of other Federal agencies to conduct crises management, 
consequence management, or criminal investigative activities in 
connection with that event.
Section 4. National Threat Assessment Center.
    Section 4 of the bill authorizes the Secret Service to 
establish a National Threat Assessment Center as a unit within 
the Service, at the direction of the Secretary of the Treasury. 
Under the authorizing statute governing the operation of the 
Service, no provision is made for it to share information or 
research in the area of threat assessment and prevention of 
targeted violence with other Federal, State, or local law 
enforcement agencies. During the oversight hearing on the 
Service held by the Subcommittee on Crime, the Service informed 
the committee that it would like to share such information and 
research, to consult with other law enforcement agencies in 
complex threat assessment cases or with respect to plans to 
prevent targeted violence, and to provide training to other 
Federal, State, and local law enforcement agencies in the area 
of threat assessment.
    Section 4 of the bill provides the Service with this 
authority, if directed to do so by the Secretary of the 
Treasury. This section of the bill specifies the activities 
that may be conducted through the National Threat Assessment 
Center. It also provides that the Secretary may authorize the 
center to perform such other activities that are necessary to 
``implement a comprehensive threat assessment capability.'' 
This section of the bill requires the Service to submit a 
report to the committee on the Judiciary of the Senate and of 
the House of Representatives detailing the manner in which the 
center will operate. The report is to be submitted not later 
than one year after the date of enactment of the bill.
Section 5. Administrative Subpoenas with Regard to Protective 
        Intelligence Functions of the Secret Service.
    Administrative subpoenas are subpoenas issued by a law 
enforcement agency, rather than a United States court. Under 
current law, the authority to issue administrative subpoenas is 
granted only to the Attorney General and then only in very 
limited situations.\9\ Only cases involving violations of title 
21 (i.e., drug cases) or investigations concerning a Federal 
health care offense \10\ or involving the sexual exploitation 
or other abuse of children \11\ form the basis for the issuance 
of an administrative subpoena.\12\
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    \9\ The committee notes that the Attorney General may from time to 
time make such provision s as he or she consider appropriate 
authorizing the performance by any other officer, employee, or agency 
of the Department of Justice of any function of the Attorney General. 
See 28 U.S.C. Sec. 510.
    \10\ Federal Health Care Offense is defined in 18 U.S.C. Sec. 24.
    \11\ Due to inconsistent acts of Congress, administrative subpoenas 
have been authorized in cases involving the sexual exploitation or 
abuse of children under both section 3486 and section 3486A. See Public 
Law No. 105- 277, Title I, Sec. 122 and Public Law No. 105-314, Title 
I, Sec. 606. Section 3486A lists specific crimes for which these 
subpoenas may be used while section 3486 does not. The authority under 
section 3486A is far more limited, however, and applies only when the 
subpoena is to be served on a provider of an ``electronic communication 
service'' or ``remote computing service.'' Those terms are defined in 
section 227 of the Victims of Child Abuse Act of 1990, which can be 
found at 42 U.S.C. Sec. 13032.
    \12\ 18 U.S.C. Sec. Sec. 3486, 3486A; 21 U.S.C. Sec. 876.
---------------------------------------------------------------------------
    Section 5 of the bill would extend administrative subpoena 
power to the Secretary of the Treasury \13\ for investigations 
of: 1) violations of section 871 of title 18 (threats made 
against the President, Vice President, or successor to the 
office of President), 2) violations of section 879 of title 18 
(threats made against former Presidents and their spouses, 
immediately family of the President and Vice President, or 
candidates for the office of President or Vice President), or 
3) threats made against visiting foreign heads of state or 
government, other distinguished foreign visitors to the United 
States protected by the Service, or official U.S. 
representatives performing missions abroad and who are 
receiving Secret Service protection. This power may only be 
exercised when the Director of the Secret Service determines 
that the threat being investigated is imminent.
---------------------------------------------------------------------------
    \13\ The committee notes that the Secretary may delegate the duties 
and powers of the Secretary to another officer or employee of the 
Department of the Treasury. See 31 U.S.C. Sec. 321(b)(2).
---------------------------------------------------------------------------
    The administrative subpoena power granted to the Secretary 
of the Treasury under the bill is further limited to requiring 
only the production of records and other things relevant to the 
investigation, and the testimony of the custodian of the 
records and things required to be produced concerning the 
production and authenticity of those things. Except for 
testimony by the custodian of the records or things, the 
administrative subpoena power of section 5 of the bill does not 
authorize the government to require the testimony of any 
person. The committee intends that the term ``records'' be 
interpreted broadly to include, for example, books, papers, and 
electronic media.
    Under the bill, the Secretary of the Treasury is required 
to notify the Attorney General whenever it issues an 
administrative subpoena as soon as practicable. This provision 
simply requires that notice be given. The Attorney General is 
not required to approve the issuance of such a subpoena and the 
failure by the Secretary to give this notice should not be 
construed to have any impact on the validity of the subpoena.
    Section 5 also amends current section 3486 of title 18, 
which authorizes the Attorney General to issue administrative 
subpoenas in connection with an investigation of a Federal 
health care offense and section 3486A of title 18, which 
authorizes the Attorney General to issue administrative 
subpoenas in cases involving the sexual exploitation or abuse 
of children. Section 5 of the bill repeals 3486A and folds the 
authority contained in that section, together with the new 
authority given to the Service under this bill, into section 
3486 as amended by the bill. The bill retains the limitation 
(currently in section 3486A) on the type of records that may be 
requested from providers of electronic communication services 
and remote computing services.\14\
---------------------------------------------------------------------------
    \14\ These terms are defined at 42 U.S.C. Sec. 13032.
---------------------------------------------------------------------------
    In consolidating these statutes into one section the bill 
also adds new provisions to the administrative subpoena 
statute, applicable in all instances in which a subpoena is 
issued under the statute, to protect the rights of citizens. 
For example, the bill provides a mechanism by which the person 
or entity upon whom the administrative subpoena is served may 
petition a United States District Court for an order modifying 
or setting a side the summons, and specifies the district in 
which such a petition may be filed. The bill also requires that 
if no case or proceeding arises from the production of records 
or things produced in response to an administrative subpoena 
within a responsible time after the records or things are 
produced, the person who produced the records or things may 
demand their return by submitting a written demand to the 
agency to which the records or things were delivered. The 
agency is required to return those records or things to that 
person, except where the production required was only of copies 
rather than originals. Further, administrative subpoenas issued 
by the Attorney General in child sexual exploitation and abuse 
cases, or issued by the Secretary of the Treasury in threat 
cases, may not require production of the things specified in 
the subpoena in less than 24 hours after service of the 
subpoena on the party required to make that production. Also, 
as amended by the bill, section 3486 will make explicit that 
any summons issued under the section is not to be construed to 
require the production of anything that would be protected from 
production under the standards applicable to a subpoena duces 
tecum issued by a United States court. Simply stated, the 
committee intends that administrative subpoenas not have any 
greater scope than would a subpoena issued by a United States 
court.
    Finally, section 5 of the bill also provides a mechanism by 
which the government may file an application in the United 
States District Court for the district in which the summons is 
or will be served, seeking an ex parte order prohibiting any 
person or entity from disclosing the existence of the summons 
for the period of up to 90 days. The statute specifies the 
showing the government must make to obtain such an order and 
provides that the order may be renewed for additional periods 
of up to 90 days each upon a further showing that the 
circumstances giving rise to the order continue to exist. There 
is no limit on the number of times the order may be renewed. 
The section also establishes a penalty of a fine, imprisonment 
for up to five years, or both for any person who knowingly 
violates an order of non-disclosure.

                              Agency Views

                        U.S. Department of Justice,
                             Office of Legislative Affairs,
                                      Washington, DC, June 9, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: This presents the views of the 
Department of Justice on H.R. 3048, the ``Presidential Threat 
Protection Act of 1999,'' as reported by the Subcommittee on 
Crime. Our comments are limited to sections 2 and 5 of the 
bill.

        Revision of Section 879 of Title 18, United States Code

    Section 2 of H.R. 3048 would expand the coverage of 18 
U.S.C. Sec. 879, which punishes threats against former 
Presidents, the immediate families of the President and Vice 
President, major Presidential and Vice Presidential candidates, 
and certain other persons protected by Secret Service. Because 
the statute expressly limits coverage to designated persons 
``who are protected by the Secret Service,'' there are 
important gaps that need to be addressed. For example, future 
protection of former Presidents by the Secret Service is 
limited by 18 U.S.C. Sec. 3056(a)(3). Similarly, 18 U.S.C. 
Sec. 3056(a)(7) provides for limited Secret Service protection 
for spouses, but not the immediate families, of major 
candidates for President and Vice President. Moreover, such 
major candidates may decline Secret Service protection. In our 
view, the Secret Service has a legitimate interest in 
investigating threats against a former President or a current 
major Presidential candidate regardless of whether the person 
is actually receiving Secret Service protection. The status of 
the person as a ``former President'' or ``major candidate'' is 
generally the reason such a person is the subject of a threat, 
not whether the person is protected by the Secret Service.
    In addition, the bill would extend the threat coverage in 
18 U.S.C. Sec. 879 to distinguished foreign visitors to the 
United States and certain other persons receiving Secret 
Service protection pursuant to 18 U.S.C. Sec. 3056(a)(6). 
Finally, the bill would increase the statutory maximum penalty 
for a violation of 18 U.S.C. Sec. 879 from three years to five 
years.
    The Department supports the changes made by section 2 of 
the bill.

  Administrative Subpoenas With Regard to the Protective Intelligence 
                    Functions of the Secret Service

    Section 5 of the bill would amend 18 U.S.C. Sec. 3486(a) 
(relating to administrative subpoenas in federal health care 
investigations), to allow the Secretary of the Treasury to 
issue a subpoena requiring the production of records and 
testimony in an investigation of an offense under 18 U.S.C. 
Sec. Sec. 871 or 879 (threats against certain Secret Service 
protectees) or a threat against a person protected by Secret 
Service under 18 U.S.C. Sec. 3056(a)(5).
    We appreciate the revisions to this section that were 
adopted by the Subcommittee on Crime to address some of the 
Department's concerns about this section. There remains, 
however, an additional outstanding issue: whether the extension 
of administrative subpoena power to the Secretary of the 
Treasury would more prudently be incorporated in a new 
statutory section related to the provisions that establish the 
Secret Service and set forth its mission (e.g., 18 U.S.C. 
Sec. 3056) rather than as an amendment to the existing health 
care fraud administrative subpoena authority granted to the 
Attorney General under section 3486. Also, we ask the Committee 
to reconsider the proposed incorporation of 18 U.S.C. 
Sec. 3486A (administrative subpoenas in child abuse and 
exploitation cases) into section 3486.
    The administrative subpoena power granted to the Attorney 
General in 18 U.S.C. Sec. 3486 reflects a delicate balancing of 
law enforcement, oversight, and privacy needs and issues, all 
within the limited context of health care fraud investigations. 
This statute, enacted as part of the Health Insurance 
Portability and Accountability Act of 1996 (``HIPAA''), was 
part of a special health care fraud and abuse initiative 
included in the HIPAA legislation. Section 3486 was not 
anticipated to serve as a vehicle by which to expand 
administrative subpoena authority to other Cabinet officers for 
special types of investigations unrelated to health care fraud.
    The balance in section 3486 is reflected, for example, in 
subsection (e)(3), which prohibits the reuse of health records 
disclosed pursuant to such a subpoena against the patient 
without prior court approval. Similar limitations on the Secret 
Service would, we believe, be inapplicable in connection with 
an administrative subpoena issued in the context of a 
presidential threat investigation. In such an investigation, 
the Secretary may need immediate access to information for the 
explicit purpose of using it against a target to evaluate the 
threat.
    Likewise, the purpose underlying section 3486 relating to 
health care fraud investigations is clearly distinguishable 
from the purposes behind section 3486A. The latter statute 
envisions the disclosure of records maintained by electronic 
service providers, not health care providers. Intermingling 
these two sections would, in our view, likely be 
counteproductive and would, at a minimum, cause needless 
confusion for investigators, prosecutors, and the courts. We 
ask that sections 3486 and 3486A not be merged in the manner 
contemplated by H.R. 3048.
    The Office of Management and Budget has advised that there 
is no objection to the submission of this report from the 
standpoint of the Administration's program. Please do not 
hesitate to call upon us if we may be of additional assistance.
            Sincerely,
                  Robert Raben, Assistant Attorney General.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *


                   CHAPTER 41--EXTORTION AND THREATS

Sec.
871.  Threats against President and successors to the Presidency.
     * * * * * * *
879.  Threats against former Presidents and certain other persons 
          [protected by the Secret Service].
     * * * * * * *

Sec. 879. Threats against former Presidents and certain other persons 
                    [protected by the Secret Service]

    (a) Whoever knowingly and willfully threatens to kill, 
kidnap, or inflict bodily harm upon--
            (1) a former President or a member of the immediate 
        family of a former President;
            (2) a member of the immediate family of the 
        President, the President-elect, the Vice President, or 
        the Vice President-elect; [or]
            (3) a major candidate for the office of President 
        or Vice President, or [the spouse] a member of the 
        immediate family of such candidate; or
            (4) a person protected by the Secret Service under 
        section 3056(a)(6);
[who is protected by the Secret Service as provided by law,] 
shall be fined under this title or imprisoned not more than 
[three] 5 years, or both.
    (b) As used in this section--
            (1) the term ``immediate family'' means--
                    (A)  * * *
                    (B) with respect to subsection (a)(2) and 
                (a)(3) of this section, a person to whom the 
                President, President-elect, Vice President, [or 
                Vice President-elect] Vice President-elect, or 
                major candidate for the office of President or 
                Vice President--
                            (i) is related by blood, marriage, 
                        or adoption; or
                            (ii) stands in loco parentis;

           *       *       *       *       *       *       *


                  CHAPTER 203--ARREST AND COMMITMENT

           *       *       *       *       *       *       *


Sec. 3056. Powers, authorities, and duties of United States Secret 
                    Service

    (a)  * * *

           *       *       *       *       *       *       *

    (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 significance, as determined 
by the President or the President's designee.

           *       *       *       *       *       *       *


                  CHAPTER 223--WITNESSES AND EVIDENCE

Sec.
3481.  Competency of accused.
3486.  Administrative subpoenas [in Federal health care investigations].
[3486A.  Administrative subpoenas in cases involving child abuse and 
          child sexual exploitation.]
     * * * * * * *

Sec. 3486. Administrative subpoenas [in Federal health care 
                    investigations]

    (a) Authorization.--[(1) In any investigation relating to 
any act or activity involving a Federal health care offense, or 
any act or activity involving a Federal offense relating to the 
sexual exploitation or other abuse of children, the Attorney 
General or the Attorney General's designee may issue in writing 
and cause to be served a subpoena--
            [(A) requiring the production of any records 
        (including any books, papers, documents, electronic 
        media, or other objects or tangible things), which may 
        be relevant to an authorized law enforcement inquiry, 
        that a person or legal entity may possess or have care, 
        custody, or control; or
            [(B) requiring a custodian of records to give 
        testimony concerning the production and authentication 
        of such records.] (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.

           *       *       *       *       *       *       *

    (3) The production of records relating to a Federal health 
care offense shall not be required under this section at any 
place more than 500 miles distant from the place where the 
subpoena for the production of such records is served. 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.
    (4) Witnesses [summoned] subpoenaed under this section 
shall be paid the same fees and mileage that are paid witnesses 
in the courts of the United States.
    (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.
    (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 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.

           *       *       *       *       *       *       *

    (d) Immunity From Civil Liability.--Notwithstanding any 
Federal, State, or local law, any person, including officers, 
agents, and employees, receiving a [summons] subpoena under 
this section, who complies in good faith with the [summons] 
subpoena and thus produces the materials sought, shall not be 
liable in any court of any State or the United States to any 
customer or other person for such production or for 
nondisclosure of that production to the customer.

           *       *       *       *       *       *       *


[Sec. 3486A. Administrative subpoenas in cases involving child abuse 
                    and child sexual exploitation

    [(a) Authorization.--
            [(1) In general.--In any investigation relating to 
        any act or activity involving a violation of section 
        1201, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 
        2260, 2421, 2422, or 2423 of this title in which the 
        victim is an individual who has not attained the age of 
        18 years, the Attorney General, or the designee of the 
        Attorney General, may issue in writing and cause to be 
        served a subpoena--
                    [(A) requiring a provider of electronic 
                communication service or remote computing 
                service 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
                    [(B) requiring a custodian of records to 
                give testimony concerning the production and 
                authentication of such records or information.
            [(2) Attendance of witnesses.--Witnesses summoned 
        under this section shall be paid the same fees and 
        mileage that are paid witnesses in the courts of the 
        United States.
    [(b) Procedures Applicable.--The same procedures for 
service and enforcement as are provided with respect to 
investigative demands in section 3486 apply with respect to a 
subpoena issued under this section.]

           *       *       *       *       *       *       *