H.R. 3048 (eh) 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. [Engrossed in House] ...

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                  In the Senate of the United States,

                      October 13 (legislative day, September 22), 2000.
    Resolved, That the bill from the House of Representatives (H.R. 
3048) entitled ``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.'', do 
pass with the following

                              AMENDMENTS:

 (1)Page 3, strike out lines 19 through 24 and insert:
    ``(e)(1) 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.''.

 (2)Page 7, line 6, after ``offense'' insert: or apprehension of a 
fugitive

 (3)Page 8, strike out lines 17 through 19

 (4)Page 9, strike out line 14 and insert:
issuance.
    ``(11) With respect to subpoenas issued under paragraph 
(1)(A)(i)(III), the Attorney General shall issue guidelines governing 
the issuance of administrative subpoenas pursuant to that paragraph. 
The guidelines required by this paragraph shall mandate that 
administrative subpoenas may be issued only after review and approval 
of senior supervisory personnel within the respective investigative 
agency or component of the Department of Justice and of the United 
States Attorney for the judicial district in which the administrative 
subpoena shall be served.''.

 (5)Page 10, after line 8, insert:

SEC. 6. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.

    (a) Authority of Attorney General.--Section 3486(a)(1) of title 18, 
United States Code, as amended by section 5 of this Act is further 
amended in subparagraph (A)(i)--
            (1) by striking ``offense or'' and inserting ``offense,''; 
        and
            (2) by inserting ``or (III) with respect to the 
        apprehension of a fugitive,'' after ``children,''.
    (b) Additional Basis for Nondisclosure Order.--Section 3486(a)(6) 
of title 18, United States Code, as amended by section 5 of this Act, 
is further amended in subparagraph (B)--
            (1) by striking ``or'' and the end of clause (iii);
            (2) by striking the period at the end of clause (iv) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(v) otherwise seriously jeopardizing an 
                        investigation or undue delay of a trial.''.
    (c) Definitions.--Section 3486 of title 18, as amended by section 5 
of this Act, is further amended by adding at the end the following:
    ``(g) Definitions.--In this section--
            ``(1) the term `fugitive' means a person who--
                    ``(A) having been accused by complaint, 
                information, or indictment under Federal law of a 
                serious violent felony or serious drug offense, or 
                having been convicted under Federal law of committing a 
                serious violent felony or serious drug offense, flees 
                or attempts to flee from, or evades or attempts to 
                evade the jurisdiction of the court with jurisdiction 
                over the felony;
                    ``(B) having been accused by complaint, 
                information, or indictment under State law of a serious 
                violent felony or serious drug offense, or having been 
                convicted under State law of committing a serious 
                violent felony or serious drug offense, flees or 
                attempts to flee from, or evades or attempts to evade, 
                the jurisdiction of the court with jurisdiction over 
                the felony;
                    ``(C) escapes from lawful Federal or State custody 
                after having been accused by complaint, information, or 
                indictment of a serious violent felony or serious drug 
                offense or having been convicted of committing a 
                serious violent felony or serious drug offense; or
                    ``(D) is in violation of subparagraph (2) or (3) of 
                the first undesignated paragraph of section 1073;
            ``(2) the terms `serious violent felony' and `serious drug 
        offense' shall have the meanings given those terms in section 
        3559(c)(2) of this title; and
            ``(3) the term `investigation' means, with respect to a 
        State fugitive described in subparagraph (B) or (C) of 
        paragraph (1), an investigation in which there is reason to 
        believe that the fugitive fled from or evaded, or attempted to 
        flee from or evade, the jurisdiction of the court, or escaped 
        from custody, in or affecting, or using any facility of, 
        interstate or foreign commerce, or as to whom an appropriate 
        law enforcement officer or official of a State or political 
        subdivision has requested the Attorney General to assist in the 
        investigation, and the Attorney General finds that the 
        particular circumstances of the request give rise to a Federal 
        interest sufficient for the exercise of Federal jurisdiction 
        pursuant to section 1075.''.

SEC. 7. 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.
    (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. 8. STUDY AND REPORTS ON ADMINISTRATIVE SUBPOENAS.

    (a) 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, whether each matter involved 
        a fugitive from Federal or State charges, 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.
            (2) Expiration.--The reporting requirement of this 
        subsection shall terminate in 3 years after the date of 
        enactment of this section.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 3048

_______________________________________________________________________

                               AMENDMENTS

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