United States Secret Service Mission Improvement and Realignment Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7145 To transfer the United States Secret Service to the Department of the Treasury. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2020 Mr. WILLIAMS (for himself and Mr. HECK) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To transfer the United States Secret Service to the Department of the Treasury. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘United States Secret 4 Service Mission Improvement and Realignment Act of 5 2020’’. 6 SEC. 2. FUNCTIONS TRANSFERRED. 7 (a) IN GENERAL.—In accordance with this Act, there 8 shall be transferred to the Secretary of the Treasury the 9 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7145 IH functions, personnel, assets, and obligations of the United 1 States Secret Service, including the functions of the Sec- 2 retary of Homeland Security relating thereto. 3 (b) DISTINCT ENTITY.—The United States Secret 4 Service shall be maintained as a distinct entity within the 5 Department of the Treasury. 6 SEC. 3. TRANSITIONAL AUTHORITIES. 7 (a) PROVISION OF ASSISTANCE BY OFFICIALS.— 8 Until the transfer of the United States Secret Service to 9 the Department of the Treasury, any official having au- 10 thority over or functions relating to the United States Se- 11 cret Service immediately before the date of enactment of 12 this Act shall provide to the Secretary of the Treasury 13 such assistance, including the use of personnel and assets, 14 as the Secretary of the Treasury may request in preparing 15 for the transfer and integration of the United States Se- 16 cret Service into the Department of the Treasury. 17 (b) SERVICES AND PERSONNEL.—During the period 18 beginning on the date of enactment of this Act and ending 19 on the effective date of this Act, upon the request of the 20 Secretary of the Treasury, the head of any executive agen- 21 cy may, on a reimbursable basis, provide services or detail 22 personnel to assist with the transition. 23 (c) TRANSFER OF PERSONNEL, ASSETS, OBLIGA- 24 TIONS, AND FUNCTIONS.—Upon the transfer of the 25 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7145 IH United States Secret Service to the Department of the 1 Treasury— 2 (1) the personnel, assets, and obligations held 3 by or available in connection with the United States 4 Secret Service shall be transferred to the Secretary 5 of the Treasury for appropriate allocation, subject to 6 the approval of the Director of the Office of Man- 7 agement and Budget and in accordance with section 8 1531(a)(2) of title 31, United States Code; and 9 (2) the Secretary of the Treasury shall have all 10 functions relating to the United States Secret Serv- 11 ice that any other official could by law exercise in 12 relation to the United States Secret Service imme- 13 diately before such transfer, including all such func- 14 tions vested in the Secretary of Homeland Security 15 by the Homeland Security Act of 2002 (6 U.S.C. 16 101 et seq.) or any other law. 17 SEC. 4. SAVINGS PROVISIONS. 18 (a) COMPLETED ADMINISTRATIVE ACTIONS.— 19 (1) IN GENERAL.—Any completed administra- 20 tive action of the United States Secret Service shall 21 not be affected by the enactment of this Act or the 22 transfer of the United States Secret Service to the 23 Department of the Treasury, but shall continue in 24 effect according to the terms of the completed ad- 25 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7145 IH ministrative action until the completed administra- 1 tive action is amended, modified, superseded, termi- 2 nated, set aside, or revoked in accordance with law 3 by an officer of the United States or a court of com- 4 petent jurisdiction, or by operation of law. 5 (2) COMPLETED ADMINISTRATIVE ACTION DE- 6 FINED.—In this subsection, the term ‘‘completed ad- 7 ministrative action’’ includes an order, a determina- 8 tion, a rule, a regulation, a personnel action, a per- 9 mit, an agreement, a grant, a contract, a certificate, 10 a license, a registration, and a privilege. 11 (b) PENDING PROCEEDINGS.— 12 (1) IN GENERAL.—Any pending proceeding in 13 the United States Secret Service, including a notice 14 of proposed rulemaking and an application for a li- 15 cense, permit, certificate, grant, or financial assist- 16 ance, shall continue notwithstanding the enactment 17 of this Act or the transfer of the United States Se- 18 cret Service to the Department of the Treasury, un- 19 less the pending proceeding is discontinued or modi- 20 fied under the same terms and conditions and to the 21 same extent that such discontinuance could have oc- 22 curred if such enactment or transfer had not oc- 23 curred. 24 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7145 IH (2) ORDERS.—Any order issued in a proceeding 1 described in paragraph (1), or an appeal therefrom, 2 and any payment made pursuant to such an order, 3 shall issue in the same manner and on the same 4 terms as if this Act had not been enacted or the 5 United States Secret Service had not been trans- 6 ferred, and the order shall continue in effect until 7 amended, modified, superseded, terminated, set 8 aside, or revoked by an officer of the United States 9 or a court of competent jurisdiction, or by operation 10 of law. 11 (c) PENDING CIVIL ACTIONS.—Any pending civil ac- 12 tion shall continue notwithstanding the enactment of this 13 Act or the transfer of the United States Secret Service 14 to the Department of the Treasury, and in the pending 15 civil action, proceedings shall be had, appeals taken, and 16 judgments rendered and enforced in the same manner and 17 with the same effect as if such enactment or transfer had 18 not occurred. 19 (d) REFERENCES.—Any reference relating to the 20 United States Secret Service in a statute, an Executive 21 order, a rule, a regulation, a directive, or a delegation of 22 authority that precedes such transfer or the effective date 23 of this Act shall be deemed to refer, as appropriate, to 24 the Department of the Treasury and the United States 25 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7145 IH Secret Service, to its officers, employees, or agents, or to 1 its corresponding organizational units or functions. 2 (e) EMPLOYMENT PROVISIONS.— 3 (1) REGULATIONS.—The Secretary of the 4 Treasury may, in regulations prescribed jointly with 5 the Director of the Office of Personnel Management, 6 adopt the rules, procedures, terms, and conditions 7 established by statute, rule, or regulation before the 8 effective date of this Act relating to employment in 9 the United States Secret Service transferred to the 10 Department of the Treasury by this Act. 11 (2) EFFECT OF TRANSFER ON CONDITIONS OF 12 EMPLOYMENT.—Except as otherwise provided in this 13 Act, or under authority granted by this Act, the 14 transfer pursuant to this Act of personnel shall not 15 alter the terms and conditions of employment, in- 16 cluding compensation, of any employee so trans- 17 ferred. 18 (f) STATUTORY REPORTING REQUIREMENTS.—Any 19 statutory reporting requirement that applied to the United 20 States Secret Service transferred to the Department of 21 Treasury by this Act immediately before the date of enact- 22 ment of this Act shall continue to apply following that 23 transfer if the statutory requirement refers to the United 24 States Secret Service by name. 25 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7145 IH SEC. 5. INCIDENTAL TRANSFERS. 1 The Director of the Office of Management and Budg- 2 et, in consultation with the Secretary of the Treasury, is 3 authorized and directed to make such additional incidental 4 dispositions of personnel, assets, and liabilities held, used, 5 arising from, available, or to be made available, in connec- 6 tion with the functions transferred by this Act, as the Di- 7 rector determines necessary to accomplish the purposes of 8 this Act. 9 SEC. 6. REFERENCES. 10 With respect to any function transferred by this Act 11 and exercised on or after the effective date of this Act, 12 any reference in any other Federal law to the United 13 States Secret Service or any officer or office the functions 14 of which are so transferred shall be deemed to refer to 15 the Secretary of the Treasury or the official or component 16 of the Department of the Treasury to which such function 17 is so transferred. 18 SEC. 7. REPORT ON EXPENDITURES FOR THE PURPOSE OF 19 PROVIDING PROTECTION DURING THE 20 COURSE OF TRAVEL. 21 (a) DEFINITIONS.—In this section— 22 (1) the term ‘‘covered travel’’— 23 (A) means any trip by a protected indi- 24 vidual with a stop at a location that is not 25 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7145 IH owned or controlled by the Federal Government; 1 and 2 (B) includes any trip described in subpara- 3 graph (A) that is outside of the United States; 4 (2) the term ‘‘immediate family’’ does not in- 5 clude any child under the age of 26; 6 (3) the term ‘‘incidental expenditure’’— 7 (A) means a travel expenditure incurred by 8 United States Secret Service personnel and re- 9 imbursed by the United States Secret Service; 10 and 11 (B) does not include expenditures de- 12 scribed in clauses (i) or (ii) of subsection 13 (b)(1)(E); 14 (4) the term ‘‘protected individual’’ means the 15 President, the Vice President, and members of the 16 immediate family of the President and Vice Presi- 17 dent during the period for which a report is sub- 18 mitted under subsection (b); 19 (5) the term ‘‘travel expenditure’’— 20 (A) means any expenditure of funds by the 21 United States Secret Service for the purpose of 22 providing protection to a protected individual 23 during the course of covered travel; 24 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7145 IH (B) includes any expenditure incurred by 1 an Executive department or agency for the pur- 2 pose of providing protection to a protected indi- 3 vidual during the course of covered travel and 4 reimbursed by the United States Secret Service; 5 and 6 (C) does not include any expenditure for— 7 (i) the pay of United States Secret 8 Service personnel; 9 (ii) the operation or maintenance of 10 any permanent protective asset; or 11 (iii) incidental expenditures. 12 (b) REPORT.—Not later than December 31 of each 13 year, the Director of the United States Secret Service shall 14 submit to the committees listed in section 9 of the Presi- 15 dential Protection Assistance Act of 1976 (18 U.S.C. 16 3056 note), an annual report that, with respect to the pre- 17 vious fiscal year, includes, at a minimum— 18 (1) for each instance of covered travel, a state- 19 ment of— 20 (A) the protected individual or protected 21 individuals, if more than 1 protected individual 22 is traveling; 23 (B) the dates of departure and return; 24 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7145 IH (C) each city and State or, if outside of the 1 United States, city and country, visited; 2 (D) the total amount of travel expendi- 3 tures; 4 (E)(i) the total amount of expenditures for 5 operational costs, including the cost of using— 6 (I) any asset to transport a protected 7 individual; or 8 (II) any space and facility for oper- 9 ational purposes; and 10 (ii) the total amount of expenditures for 11 transportation, lodging, and per diem; and 12 (F) the name of and amount paid to— 13 (i) if the total amount paid is greater 14 than $5,000, any individual who is not an 15 employee of the Federal Government or a 16 foreign government; and 17 (ii) if the total amount paid is greater 18 than $5,000, any entity that is not an enti- 19 ty of the Federal Government or a foreign 20 government; and 21 (2) for each protected individual, the total 22 amount of incidental expenditures incurred for the 23 purpose of providing protection to the protected indi- 24 vidual during the reporting period. 25 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7145 IH (c) FORM OF REPORT.—The report required by sub- 1 section (b) shall be submitted in unclassified form, but 2 may include a nonpublic annex for information reported 3 under subsection (b)(1)(F) that the United States Secret 4 Service determines could harm the protective mission if 5 publicly disclosed and classified information. The non- 6 public annex and any draft of the annex shall be exempt 7 from disclosure under section 552 of title 5, United States 8 Code (commonly known as the ‘‘Freedom of Information 9 Act’’). 10 SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS. 11 (a) HOMELAND SECURITY ACT OF 2002.—The 12 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 13 is amended— 14 (1) in section 2(11) (6 U.S.C. 101(11)), by 15 striking ‘‘except—’’ and all that follows through 16 ‘‘the Coast Guard, when’’ and inserting ‘‘except the 17 Coast Guard, when’’; 18 (2) in section 103(d) (6 U.S.C. 113(d))— 19 (A) by striking paragraph (1); and 20 (B) by redesignating paragraphs (2) 21 through (5) as paragraphs (1) through (4), re- 22 spectively; 23 (3) in section 210G (6 U.S.C. 124n)— 24 (A) in subsection (a)— 25 VerDate Sep 11 2014 19:50 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7145.IH H7145 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7145 IH (i) by striking ‘‘the Secretary and the 1 Attorney General’’ and inserting ‘‘the Sec- 2 retary of Homeland Security, the Secretary 3 of the Treasury, and the Attorney Gen- 4 eral’ [Text truncated for display. Full text available on Congress.gov.]