Summary: H.R.3048 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

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House agreed to Senate amendment with amendment (10/25/2000)

Presidential Threat Protection Act of 2000 - Amends the Federal criminal code to expand the scope of provisions regarding threats to kill, kidnap, or inflict bodily harm upon former Presidents and certain other persons protected by the United States Secret Service to include: (1) a member of the immediate family of a major candidate for President or Vice President; and (2) certain distinguished foreign visitors to the United States and official U.S. representatives performing special missions abroad when the President directs that such protection be provided. Increases the term of imprisonment for such an offense.

(Sec. 3) Authorizes the Secret Service, at the direction of: (1) the President, under the direction of the Secretary of the Treasury, to participate in the planning, coordination, and implementation of security operations at events or gatherings of national significance; and (2) the Secretary, to establish the National Threat Assessment Center as a unit within the Service. Sets forth provisions regarding functions of the Center and reporting requirements.

(Sec. 5) Rewrites provisions regarding administrative subpoenas in Federal health care investigations to provide that, in any investigation of a Federal health care offense or a Federal offense involving the sexual exploitation or abuse of children, the Attorney General (or, in the case of an offense involving threats against the President and successors to the Presidency, or against former Presidents and certain other persons protected by the Secret Service, if the Secret Service Director determines that such threat is imminent, the Secretary) may issue in writing and cause to be served a subpoena requiring the production of any records or other things relevant to the investigation and testimony by the custodian of the things required to be produced concerning the production and authenticity of those things.

Specifies that the production of records relating to a Federal health care offense shall not be required at any place more than 500 miles from the place where the subpoena for the production of such records is served, and that 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. Allows the person or entity summoned, at any time before the return date specified in the summons, to petition in U.S. district court for the district in which that person or entity does business or resides for an order modifying or setting aside the summons, or a prohibition of disclosure ordered by a court.

Authorizes a U.S. district court for the district in which the summons is or will be served, upon application of the United States, to issue an ex parte order that no person or entity disclose to any other person or entity (other than to an attorney to obtain legal advice) the existence of such summons for a 90-day period. Specifies that such order may be issued upon 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: (1) endangerment to the life or physical safety of any person; (2) flight to avoid prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) defeating any remedy or penalty provided for the violation of the laws of the United States.

Sets forth provisions regarding: (1) renewal for additional 90-day periods; and (2) penalties for violations. Prohibits such a summons from requiring the production of anything that would be protected from production under standards applicable to a subpoena duces tecum issued by a U.S. court. Directs the agency to which those records or things were delivered, if no case or proceeding arises from their production within a reasonable time, to return them (upon written demand) to that person, except where the production required only copies.

(Sec. 6) Directs the Attorney General to establish permanent Fugitive Apprehension Task Forces, consisting of Federal, State, and local law enforcement authorities, to locate and apprehend fugitives. Authorizes appropriations.

(Sec. 7) Requires the: (1) Attorney General to study and report to the Senate and House Judiciary Committees on the use of subpoena power by executive agencies or entities; and (2) Attorney General and Secretary to report to such committees on the number of subpoenas issued and the Federal agency or component issuing the subpoena.