United States Secret Service Mission Improvement and Realignment Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3552 To transfer the United States Secret Service to the Department of the Treasury. IN THE HOUSE OF REPRESENTATIVES MAY 18, 2023 Mr. WILLIAMS of Texas (for himself and Mr. KUSTOFF) introduced the fol- lowing 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 determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee con- cerned 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 2023’’. 6 VerDate Sep 11 2014 05:20 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3552 IH SEC. 2. FUNCTIONS TRANSFERRED. 1 (a) IN GENERAL.—In accordance with this Act, there 2 shall be transferred to the Secretary of the Treasury the 3 functions, personnel, assets, and obligations of the United 4 States Secret Service, including the functions of the Sec- 5 retary of Homeland Security relating thereto. 6 (b) DISTINCT ENTITY.—The United States Secret 7 Service shall be maintained as a distinct entity within the 8 Department of the Treasury. 9 SEC. 3. TRANSITIONAL AUTHORITIES. 10 (a) PROVISION OF ASSISTANCE BY OFFICIALS.— 11 Until the transfer of the United States Secret Service to 12 the Department of the Treasury, any official having au- 13 thority over or functions relating to the United States Se- 14 cret Service immediately before the date of enactment of 15 this Act shall provide to the Secretary of the Treasury 16 such assistance, including the use of personnel and assets, 17 as the Secretary of the Treasury may request in preparing 18 for the transfer and integration of the United States Se- 19 cret Service into the Department of the Treasury. 20 (b) SERVICES AND PERSONNEL.—During the period 21 beginning on the date of enactment of this Act and ending 22 on the effective date of this Act, upon the request of the 23 Secretary of the Treasury, the head of any executive agen- 24 cy may, on a reimbursable basis, provide services or detail 25 personnel to assist with the transition. 26 VerDate Sep 11 2014 05:20 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3552 IH (c) TRANSFER OF PERSONNEL, ASSETS, OBLIGA- 1 TIONS, AND FUNCTIONS.—Upon the transfer of the 2 United States Secret Service to the Department of the 3 Treasury— 4 (1) the personnel, assets, and obligations held 5 by or available in connection with the United States 6 Secret Service shall be transferred to the Secretary 7 of the Treasury for appropriate allocation, subject to 8 the approval of the Director of the Office of Man- 9 agement and Budget and in accordance with section 10 1531(a)(2) of title 31, United States Code; and 11 (2) the Secretary of the Treasury shall have all 12 functions relating to the United States Secret Serv- 13 ice that any other official could by law exercise in 14 relation to the United States Secret Service imme- 15 diately before such transfer, including all such func- 16 tions vested in the Secretary of Homeland Security 17 by the Homeland Security Act of 2002 (6 U.S.C. 18 101 et seq.) or any other law. 19 SEC. 4. SAVINGS PROVISIONS. 20 (a) COMPLETED ADMINISTRATIVE ACTIONS.— 21 (1) IN GENERAL.—Any completed administra- 22 tive action of the United States Secret Service shall 23 not be affected by the enactment of this Act or the 24 transfer of the United States Secret Service to the 25 VerDate Sep 11 2014 05:20 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3552 IH Department of the Treasury, but shall continue in 1 effect according to the terms of the completed ad- 2 ministrative action until the completed administra- 3 tive action is amended, modified, superseded, termi- 4 nated, set aside, or revoked in accordance with law 5 by an officer of the United States or a court of com- 6 petent jurisdiction, or by operation of law. 7 (2) COMPLETED ADMINISTRATIVE ACTION DE- 8 FINED.—In this subsection, the term ‘‘completed ad- 9 ministrative action’’ includes an order, a determina- 10 tion, a rule, a regulation, a personnel action, a per- 11 mit, an agreement, a grant, a contract, a certificate, 12 a license, a registration, and a privilege. 13 (b) PENDING PROCEEDINGS.— 14 (1) IN GENERAL.—Any pending proceeding in 15 the United States Secret Service, including a notice 16 of proposed rulemaking and an application for a li- 17 cense, permit, certificate, grant, or financial assist- 18 ance, shall continue notwithstanding the enactment 19 of this Act or the transfer of the United States Se- 20 cret Service to the Department of the Treasury, un- 21 less the pending proceeding is discontinued or modi- 22 fied under the same terms and conditions and to the 23 same extent that such discontinuance could have oc- 24 VerDate Sep 11 2014 05:20 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3552 IH curred if such enactment or transfer had not oc- 1 curred. 2 (2) ORDERS.—Any order issued in a proceeding 3 described in paragraph (1), or an appeal therefrom, 4 and any payment made pursuant to such an order, 5 shall issue in the same manner and on the same 6 terms as if this Act had not been enacted or the 7 United States Secret Service had not been trans- 8 ferred, and the order shall continue in effect until 9 amended, modified, superseded, terminated, set 10 aside, or revoked by an officer of the United States 11 or a court of competent jurisdiction, or by operation 12 of law. 13 (c) PENDING CIVIL ACTIONS.—Any pending civil ac- 14 tion shall continue notwithstanding the enactment of this 15 Act or the transfer of the United States Secret Service 16 to the Department of the Treasury, and in the pending 17 civil action, proceedings shall be had, appeals taken, and 18 judgments rendered and enforced in the same manner and 19 with the same effect as if such enactment or transfer had 20 not occurred. 21 (d) REFERENCES.—Any reference relating to the 22 United States Secret Service in a statute, an Executive 23 order, a rule, a regulation, a directive, or a delegation of 24 authority that precedes such transfer or the effective date 25 VerDate Sep 11 2014 05:20 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3552 IH of this Act shall be deemed to refer, as appropriate, to 1 the Department of the Treasury and the United States 2 Secret Service, to its officers, employees, or agents, or to 3 its corresponding organizational units or functions. 4 (e) EMPLOYMENT PROVISIONS.— 5 (1) REGULATIONS.—The Secretary of the 6 Treasury may, in regulations prescribed jointly with 7 the Director of the Office of Personnel Management, 8 adopt the rules, procedures, terms, and conditions 9 established by statute, rule, or regulation before the 10 effective date of this Act relating to employment in 11 the United States Secret Service transferred to the 12 Department of the Treasury by this Act. 13 (2) EFFECT OF TRANSFER ON CONDITIONS OF 14 EMPLOYMENT.—Except as otherwise provided in this 15 Act, or under authority granted by this Act, the 16 transfer pursuant to this Act of personnel shall not 17 alter the terms and conditions of employment, in- 18 cluding compensation, of any employee so trans- 19 ferred. 20 (f) STATUTORY REPORTING REQUIREMENTS.—Any 21 statutory reporting requirement that applied to the United 22 States Secret Service transferred to the Department of the 23 Treasury by this Act immediately before the date of enact- 24 ment of this Act shall continue to apply following that 25 VerDate Sep 11 2014 02:31 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3552 IH transfer if the statutory requirement refers to the United 1 States Secret Service by name. 2 SEC. 5. INCIDENTAL TRANSFERS. 3 The Director of the Office of Management and Budg- 4 et, in consultation with the Secretary of the Treasury, is 5 authorized and directed to make such additional incidental 6 dispositions of personnel, assets, and liabilities held, used, 7 arising from, available, or to be made available, in connec- 8 tion with the functions transferred by this Act, as the Di- 9 rector determines necessary to accomplish the purposes of 10 this Act. 11 SEC. 6. REFERENCES. 12 With respect to any function transferred by this Act 13 and exercised on or after the effective date of this Act, 14 any reference in any other Federal law to the United 15 States Secret Service or any officer or office the functions 16 of which are so transferred shall be deemed to refer to 17 the Secretary of the Treasury or the official or component 18 of the Department of the Treasury to which such function 19 is so transferred. 20 SEC. 7. REPORT ON EXPENDITURES FOR THE PURPOSE OF 21 PROVIDING PROTECTION DURING THE 22 COURSE OF TRAVEL. 23 (a) DEFINITIONS.—In this section— 24 (1) the term ‘‘covered travel’’— 25 VerDate Sep 11 2014 05:20 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3552 IH (A) means any trip by a protected indi- 1 vidual with a stop at a location that is not 2 owned or controlled by the Federal Government; 3 and 4 (B) includes any trip described in subpara- 5 graph (A) that is outside of the United States; 6 (2) the term ‘‘immediate family’’ does not in- 7 clude any child under the age of 26; 8 (3) the term ‘‘incidental expenditure’’— 9 (A) means a travel expenditure incurred by 10 United States Secret Service personnel and re- 11 imbursed by the United States Secret Service; 12 and 13 (B) does not include expenditures de- 14 scribed in clause (i) or (ii) of subsection 15 (b)(1)(E); 16 (4) the term ‘‘protected individual’’ means the 17 President, the Vice President, and members of the 18 immediate family of the President and Vice Presi- 19 dent during the period for which a report is sub- 20 mitted under subsection (b); and 21 (5) the term ‘‘travel expenditure’’— 22 (A) means any expenditure of funds by the 23 United States Secret Service for the purpose of 24 VerDate Sep 11 2014 02:31 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3552 IH providing protection to a protected individual 1 during the course of covered travel; 2 (B) includes any expenditure incurred by 3 an Executive department or agency for the pur- 4 pose of providing protection to a protected indi- 5 vidual during the course of covered travel and 6 reimbursed by the United States Secret Service; 7 and 8 (C) does not include any expenditure for— 9 (i) the pay of United States Secret 10 Service personnel; 11 (ii) the operation or maintenance of 12 any permanent protective asset; or 13 (iii) incidental expenditures. 14 (b) REPORT.—Not later than December 31 of each 15 year, the Director of the United States Secret Service shall 16 submit to the committees listed in section 9 of the Presi- 17 dential Protection Assistance Act of 1976 (18 U.S.C. 18 3056 note), an annual report that, with respect to the pre- 19 vious fiscal year, includes, at a minimum— 20 (1) for each instance of covered travel, a state- 21 ment of— 22 (A) the protected individual or protected 23 individuals, if more than 1 protected individual 24 is traveling; 25 VerDate Sep 11 2014 05:20 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3552 IH (B) the dates of departure and return; 1 (C) each city and State or, if outside of the 2 United States, city and country, visited; 3 (D) the total amount of travel expendi- 4 tures; 5 (E)(i) the total amount of expenditures for 6 operational costs, including the cost of using— 7 (I) any asset to transport a protected 8 individual; or 9 (II) any space and facility for oper- 10 ational purposes; and 11 (ii) the total amount of expenditures for 12 transportation, lodging, and per diem; and 13 (F) the name of and amount paid to— 14 (i) if the total amount paid is greater 15 than $5,000, any individual who is not an 16 employee of the Federal Government or a 17 foreign government; and 18 (ii) if the total amount paid is greater 19 than $5,000, any entity that is not an enti- 20 ty of the Federal Government or a foreign 21 government; and 22 (2) for each protected individual, the total 23 amount of incidental expenditures incurred for the 24 VerDate Sep 11 2014 02:31 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3552 IH purpose of providing protection to the protected indi- 1 vidual during the reporting period. 2 (c) FORM OF REPORT.—The report required by sub- 3 section (b) shall be submitted in unclassified form, but 4 may include a nonpublic annex for information reported 5 under subsection (b)(1)(F) that the United States Secret 6 Service determines could harm the protective mission if 7 publicly disclosed and classified information. The non- 8 public annex and any draft of the annex shall be exempt 9 from disclosure under section 552 of title 5, United States 10 Code (commonly known as the ‘‘Freedom of Information 11 Act’’). 12 SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS. 13 (a) HOMELAND SECURITY ACT OF 2002.—The 14 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 15 is amended— 16 (1) in section 2(11) (6 U.S.C. 101(11)), by 17 striking ‘‘except—’’ and all that follows through 18 ‘‘the Coast Guard, when’’ and inserting ‘‘except the 19 Coast Guard, when’’; 20 (2) in section 103(d) (6 U.S.C. 113(d))— 21 (A) by striking paragraph (1); and 22 (B) by redesignating paragraphs (2) 23 through (5) as paragraphs (1) through (4), re- 24 spectively; 25 VerDate Sep 11 2014 05:20 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3552.IH H3552 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 3552 IH (3) in section 210G (6 U.S.C. 124n)— 1 (A) in subsection (a)— 2 (i) by striking ‘‘the Secretary and the 3 Attorney General’’ and inserting ‘‘the Sec- 4 retary of Homeland Security, the Secretary 5 of the Treasury, and the Attorney G [Text truncated for display. Full text available on Congress.gov.]