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United States Secret Service Mission Improvement and Realignment Act of 2020
Introduced Jun 8, 2020 · Last action Aug 1, 2020 — Referred to the Subcommittee on Intelligence and Counterterrorism.
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Summary
This legislation is called the United States Secret Service Mission Improvement and Realignment Act of 2020. Referred to the Subcommittee on Intelligence and Counterterrorism.
Full bill text
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7145 Introduced in House (IH)]
<DOC>
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
determined 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Secret Service Mission
Improvement and Realignment Act of 2020''.
SEC. 2. FUNCTIONS TRANSFERRED.
(a) In General.--In accordance with this Act, there shall be
transferred to the Secretary of the Treasury the functions, personnel,
assets, and obligations of the United States Secret Service, including
the functions of the Secretary of Homeland Security relating thereto.
(b) Distinct Entity.--The United States Secret Service shall be
maintained as a distinct entity within the Department of the Treasury.
SEC. 3. TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until the transfer of
the United States Secret Service to the Department of the Treasury, any
official having authority over or functions relating to the United
States Secret Service immediately before the date of enactment of this
Act shall provide to the Secretary of the Treasury such assistance,
including the use of personnel and assets, as the Secretary of the
Treasury may request in preparing for the transfer and integration of
the United States Secret Service into the Department of the Treasury.
(b) Services and Personnel.--During the period beginning on the
date of enactment of this Act and ending on the effective date of this
Act, upon the request of the Secretary of the Treasury, the head of any
executive agency may, on a reimbursable basis, provide services or
detail personnel to assist with the transition.
(c) Transfer of Personnel, Assets, Obligations, and Functions.--
Upon the transfer of the United States Secret Service to the Department
of the Treasury--
(1) the personnel, assets, and obligations held by or
available in connection with the United States Secret Service
shall be transferred to the Secretary of the Treasury for
appropriate allocation, subject to the approval of the Director
of the Office of Management and Budget and in accordance with
section 1531(a)(2) of title 31, United States Code; and
(2) the Secretary of the Treasury shall have all functions
relating to the United States Secret Service that any other
official could by law exercise in relation to the United States
Secret Service immediately before such transfer, including all
such functions vested in the Secretary of Homeland Security by
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) or any
other law.
SEC. 4. SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--
(1) In general.--Any completed administrative action of the
United States Secret Service shall not be affected by the
enactment of this Act or the transfer of the United States
Secret Service to the Department of the Treasury, but shall
continue in effect according to the terms of the completed
administrative action until the completed administrative action
is amended, modified, superseded, terminated, set aside, or
revoked in accordance with law by an officer of the United
States or a court of competent jurisdiction, or by operation of
law.
(2) Completed administrative action defined.--In this
subsection, the term ``completed administrative action''
includes an order, a determination, a rule, a regulation, a
personnel action, a permit, an agreement, a grant, a contract,
a certificate, a license, a registration, and a privilege.
(b) Pending Proceedings.--
(1) In general.--Any pending proceeding in the United
States Secret Service, including a notice of proposed
rulemaking and an application for a license, permit,
certificate, grant, or financial assistance, shall continue
notwithstanding the enactment of this Act or the transfer of
the United States Secret Service to the Department of the
Treasury, unless the pending proceeding is discontinued or
modified under the same terms and conditions and to the same
extent that such discontinuance could have occurred if such
enactment or transfer had not occurred.
(2) Orders.--Any order issued in a proceeding described in
paragraph (1), or an appeal therefrom, and any payment made
pursuant to such an order, shall issue in the same manner and
on the same terms as if this Act had not been enacted or the
United States Secret Service had not been transferred, and the
order shall continue in effect until amended, modified,
superseded, terminated, set aside, or revoked by an officer of
the United States or a court of competent jurisdiction, or by
operation of law.
(c) Pending Civil Actions.--Any pending civil action shall continue
notwithstanding the enactment of this Act or the transfer of the United
States Secret Service to the Department of the Treasury, and in the
pending civil action, proceedings shall be had, appeals taken, and
judgments rendered and enforced in the same manner and with the same
effect as if such enactment or transfer had not occurred.
(d) References.--Any reference relating to the United States Secret
Service in a statute, an Executive order, a rule, a regulation, a
directive, or a delegation of authority that precedes such transfer or
the effective date of this Act shall be deemed to refer, as
appropriate, to the Department of the Treasury and the United States
Secret Service, to its officers, employees, or agents, or to its
corresponding organizational units or functions.
(e) Employment Provisions.--
(1) Regulations.--The Secretary of the Treasury may, in
regulations prescribed jointly with the Director of the Office
of Personnel Management, adopt the rules, procedures, terms,
and conditions established by statute, rule, or regulation
before the effective date of this Act relating to employment in
the United States Secret Service transferred to the Department
of the Treasury by this Act.
(2) Effect of transfer on conditions of employment.--Except
as otherwise provided in this Act, or under authority granted
by this Act, the transfer pursuant to this Act of personnel
shall not alter the terms and conditions of employment,
including compensation, of any employee so transferred.
(f) Statutory Reporting Requirements.--Any statutory reporting
requirement that applied to the United States Secret Service
transferred to the Department of Treasury by this Act immediately
before the date of enactment of this Act shall continue to apply
following that transfer if the statutory requirement refers to the
United States Secret Service by name.
SEC. 5. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary of the Treasury, is authorized and
directed to make such additional incidental dispositions of personnel,
assets, and liabilities held, used, arising from, available, or to be
made available, in connection with the functions transferred by this
Act, as the Director determines necessary to accomplish the purposes of
this Act.
SEC. 6. REFERENCES.
With respect to any function transferred by this Act and exercised
on or after the effective date of this Act, any reference in any other
Federal law to the United States Secret Service or any officer or
office the functions of which are so transferred shall be deemed to
refer to the Secretary of the Treasury or the official or component of
the Department of the Treasury to which such function is so
transferred.
SEC. 7. REPORT ON EXPENDITURES FOR THE PURPOSE OF PROVIDING PROTECTION
DURING THE COURSE OF TRAVEL.
(a) Definitions.--In this section--
(1) the term ``covered travel''--
(A) means any trip by a protected individual with a
stop at a location that is not owned or controlled by
the Federal Government; and
(B) includes any trip described in subparagraph (A)
that is outside of the United States;
(2) the term ``immediate family'' does not include any
child under the age of 26;
(3) the term ``incidental expenditure''--
(A) means a travel expenditure incurred by United
States Secret Service personnel and reimbursed by the
United States Secret Service; and
(B) does not include expenditures described in
clauses (i) or (ii) of subsection (b)(1)(E);
(4) the term ``protected individual'' means the President,
the Vice President, and members of the immediate family of the
President and Vice President during the period for which a
report is submitted under subsection (b);
(5) the term ``travel expenditure''--
(A) means any expenditure of funds by the United
States Secret Service for the purpose of providing
protection to a protected individual during the course
of covered travel;
(B) includes any expenditure incurred by an
Executive department or agency for the purpose of
providing protection to a protected individual during
the course of covered travel and reimbursed by the
United States Secret Service; and
(C) does not include any expenditure for--
(i) the pay of United States Secret Service
personnel;
(ii) the operation or maintenance of any
permanent protective asset; or
(iii) incidental expenditures.
(b) Report.--Not later than December 31 of each year, the Director
of the United States Secret Service shall submit to the committees
listed in section 9 of the Presidential Protection Assistance Act of
1976 (18 U.S.C. 3056 note), an annual report that, with respect to the
previous fiscal year, includes, at a minimum--
(1) for each instance of covered travel, a statement of--
(A) the protected individual or protected
individuals, if more than 1 protected individual is
traveling;
(B) the dates of departure and return;
(C) each city and State or, if outside of the
United States, city and country, visited;
(D) the total amount of travel expenditures;
(E)(i) the total amount of expenditures for
operational costs, including the cost of using--
(I) any asset to transport a protected
individual; or
(II) any space and facility for operational
purposes; and
(ii) the total amount of expenditures for
transportation, lodging, and per diem; and
(F) the name of and amount paid to--
(i) if the total amount paid is greater
than $5,000, any individual who is not an
employee of the Federal Government or a foreign
government; and
(ii) if the total amount paid is greater
than $5,000, any entity that is not an entity
of the Federal Government or a foreign
government; and
(2) for each protected individual, the total amount of
incidental expenditures incurred for the purpose of providing
protection to the protected individual during the reporting
period.
(c) Form of Report.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a nonpublic annex for
information reported under subsection (b)(1)(F) that the United States
Secret Service determines could harm the protective mission if publicly
disclosed and classified information. The nonpublic annex and any draft
of the annex shall be exempt from disclosure under section 552 of title
5, United States Code (commonly known as the ``Freedom of Information
Act'').
SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Homeland Security Act of 2002.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 2(11) (6 U.S.C. 101(11)), by striking
``except--'' and all that follows through ``the Coast Guard,
when'' and inserting ``except the Coast Guard, when'';
(2) in section 103(d) (6 U.S.C. 113(d))--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively;
(3) in section 210G (6 U.S.C. 124n)--
(A) in subsection (a)--
(i) by striking ``the Secretary and the
Attorney General'' and inserting ``the
Secretary of Homeland Security, the Secretary
of the Treasury, and the Attorney General'';
and
(ii) by striking ``the Secretary or'' and
inserting ``the Secretary of Homeland Security,
the Secretary of the Treasury, or'';
(B) in subsection (b)--
(i) in paragraph (2), by striking ``The
Secretary'' and inserting ``The Secretary of
Homeland Security, the Secretary of the
Treasury,'';
(ii) in paragraph (3), by striking ``The
Secretary'' and inserting ``The Secretary of
Homeland Security, the Secretary of the
Treasury,''; and
(iii) in paragraph (4), by striking ``The
Secretary'' and inserting ``The Secretary of
Homeland Security, the Secretary of the
Treasury,'';
(C) in subsection (c), by striking ``the
Secretary'' and inserting ``the Secretary of Homeland
Security, the Secretary of the Treasury,'';
(D) in subsection (d)--
(i) in paragraph (1), by striking ``The
Secretary,'' and inserting ``The Secretary of
Homeland Security, the Secretary of the
Treasury,''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``The Secretary'' and
inserting ``The Secretary of Homeland
Security, the Secretary of the
Treasury,''; and
(II) in subparagraph (B), by
striking ``The Secretary'' and
inserting ``The Secretary of Homeland
Security, the Secretary of the
Treasury,'';
(E) in subsection (e)--
(i) in paragraph (3), by inserting ``, the
Secretary of the Treasury,'' after ``the
Secretary of Homeland Security'';
(ii) in paragraph (4)--
(I) in the matter preceding
subparagraph (A), by inserting ``, the
Department of the Treasury,'' after
``Department of Homeland Security'';
and
(II) in subparagraph (C)--
(aa) by striking ``and the
Department of Justice'' and
inserting ``, the Department of
the Treasury, and the
Department of Justice, or any
combination of those
agencies,''; and
(bb) by striking ``either
agency'' and inserting ``any
such agencies''; and
(iii) in paragraph (5), by inserting ``,
the Department of the Treasury,'' after
``Department of Homeland Security'';
(F) in subsection (f), in the first sentence--
(i) by striking ``The Secretary'' and
inserting ``The Secretary of Homeland Security,
the Secretary of the Treasury,'';
(ii) by inserting ``, treasury,'' after
``homeland security''; and
(iii) by inserting ``, the Department of
the Treasury,'' after ``Department of Homeland
Security'';
(G) in subsection (g)--
(i) in paragraph (1), by striking ``the
Secretary'' and inserting ``the Secretary of
Homeland Security, the Secretary of the
Treasury,'';
(ii) in paragraph (3)--
(I) in subparagraph (E), by
inserting ``, the Department of the
Treasury,'' after ``Department of
Justice'';
(II) in subparagraph (F), by
striking ``how the Secretary,'' and
inserting ``how the Secretary of
Homeland Security, the Secretary of the
Treasury,''; and
(III) in subparagraph (G), by
striking ``how the Secretary,'' and
inserting ``how the Secretary of
Homeland Security, the Secretary of the
Treasury,''; and
(iii) in paragraph (5), in the first
sentence, by striking ``the Secretary'' and
inserting ``the Secretary of Homeland Security,
the Secretary of the Treasury,'';
(H) in subsection (h)--
(i) in paragraph (1), by striking ``the
Secretary or'' and inserting ``the Secretary of
Homeland Security, the Secretary of the
Treasury, or'';
(ii) in paragraph (2), by striking ``the
Secretary or'' and inserting ``the Secretary of
Homeland Security, the Secretary of the
Treasury, or'';
(iii) in paragraph (3), by inserting ``or
the Secretary of the Treasury'' after
``Attorney General'';
(iv) in paragraph (4)--
(I) by inserting ``or the Secretary
of the Treasury'' after ``the Secretary
of Homeland Security''; and
(II) by striking ``; or'' and
inserting a semicolon;
(v) by redesignating paragraph (5) as
paragraph (6);
(vi) by inserting after paragraph (4) the
following:
``(5) vest in the Secretary of the Treasury any authority
of the Secretary of Homeland Security or the Attorney General;
or''; and
(vii) in paragraph (6), as so
redesignated--
(I) by striking ``the Secretary
or'' and inserting ``the Secretary of
Homeland Security, the Secretary of the
Treasury, or the''; and
(II) by striking ``the Secretary
and'' and inserting ``the Secretary of
Homeland Security, the Secretary of the
Treasury, and the'';
(I) in subsection (j), by striking ``the
Secretary'' and inserting ``the Secretary of Homeland
Security, the Secretary of the Treasury,'';
(J) in subsection (k)--
(i) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by striking ``the
Secretary or'' and inserting
``the Secretary of Homeland
Security, the Secretary of the
Treasury, or''; and
(bb) by striking
``subparagraph (C)(i)(II) and
(C)(iii)(I)'' and inserting
``clauses (iii) and (iv)(I) of
subparagraph (C)'';
(II) in subparagraph (C)--
(aa) in the matter
preceding clause (i), by
striking ``one'' and inserting
``1'';
(bb) in clause (i)--
(AA) in the matter
preceding subclause
(I), by inserting ``of
Homeland Security''
after ``Secretary'';
(BB) in subclause
(I), by inserting
``or'' at the end;
(CC) by striking
subclause (II); and
(DD) by
redesignating subclause
(III) as subclause
(II);
(cc) by redesignating
clauses (iii) and (iv) as
clauses (iv) and (v),
respectively;
(dd) by inserting after
clause (ii) the following:
``(iii) missions authorized to be performed
by the Department of the Treasury, consistent
with governing statutes, regulations, and
orders issued by the Secretary of the Treasury
pertaining to United States Secret Service
protection operations pursuant to sections
3056(a) and 3056A(a) of title 18, United States
Code, and the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056
note);'';
(ee) in clause (iv), as so
redesignated, in the matter
preceding subclause (I)--
(AA) by inserting
``, the Department of
the Treasury,'' after
``Department of
Homeland Security'';
and
(BB) by striking
``the Secretary or''
and inserting ``the
Secretary of Homeland
Security, the Secretary
of the Treasury, or'';
and
(ff) in clause (v), as so
redesignated--
(AA) by striking
``clause (iii)'' and
inserting ``clause
(iv)''; and
(BB) by striking
``Secretary,'' and
inserting ``Secretary
of Homeland
Security,'';
(ii) in paragraph (5)--
(I) by inserting ``, treasury,''
after ``homeland security'';
(II) by striking ``the Secretary''
and inserting ``the Secretary of
Homeland Security, the Secretary of the
Treasury,''; and
(III) by inserting ``,
respectively,'' after ``Attorney
General'';
(iii) in paragraph (6), by inserting ``,
the Department of the Treasury,'' after
``Department of Homeland Security''; and
(iv) in paragraph (8), in the matter
preceding subparagraph (A), by striking ``the
Secretary'' and inserting ``the Secretary of
Homeland Security, the Secretary of the
Treasury,''; and
(K) in subsection (l)(1), in the matter preceding
subparagraph (A)--
(i) by striking ``Secretary shall'' and
inserting ``Secretary of Homeland Security
shall''; and
(ii) by inserting ``, the Secretary of the
Treasury,'' after ``Attorney General''; and
(4) in section 875(d)(1) (6 U.S.C. 455(d)(1)), in the first
sentence, by striking ``the Secret Service or''.
(b) Title 18.--Chapter 203 of title 18, United States Code, is
amended--
(1) in section 3056, in subsections (a), (b), (c), (e)(1),
(f), and (g), by striking ``of Homeland Security'' each place
that term appears and inserting ``of the Treasury''; and
(2) in section 3056A--
(A) in subsection (a), in the matter preceding
paragraph (1), in the second sentence, by striking ``of
Homeland Security'' and inserting ``of the Treasury'';
and
(B) in subsection (d), in the first and second
sentences, by striking ``of Homeland Security'' and
inserting ``of the Treasury''.
(c) Title 5.--Title 5, United States Code, is amended--
(1) in section 6324(b)(3), by striking ``of Homeland
Security'' and inserting ``of the Treasury''; and
(2) in section 10201(2), by striking ``the Department of
Homeland Security'' and inserting ``the Treasury''.
(d) Inspector General Act of 1978.--The Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in section 8D(b)(1)--
(A) in the first sentence, by inserting ``and by
the Office of Professional Responsibility of the United
States Secret Service'' after ``Trade Bureau''; and
(B) in the second sentence, by striking ``The head
of such'' and inserting ``The head of each such''; and
(2) in section 8I(e), in the first sentence, by striking
``the Office of Inspections of the United States Secret
Service,''.
(e) Department of Homeland Security Appropriations Act, 2007.--
Section 532 of the Department of Homeland Security Appropriations Act,
2007 (6 U.S.C. 382) is amended--
(1) in subsection (d), in the first sentence, by striking
``of Homeland Security'' and inserting ``of the Treasury''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``of Homeland
Security'' and inserting ``of the Treasury''; and
(B) in paragraph (2), by striking ``of Homeland
Security'' and inserting ``of the Treasury''.
(f) Implementing Recommendations of the 9/11 Commission Act of
2007.--Section 502 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 121 Stat. 310) is amended by
striking subsection (b) and redesignating subsection (c) as subsection
(b).
SEC. 9. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date that is
30 days after the date of enactment of this Act.
(b) Transition Period.--Any action authorized to be taken under
subsection (a) or (b) of section 3 may be taken beginning on the date
of enactment of this Act.
SEC. 10. RULE OF CONSTRUCTION.
Except as provided in section 8, nothing in this Act or the
amendments made by this Act shall be construed to modify or amend
section 3056 or 3056A of title 18, United States Code, or the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act and the amendments made by this Act.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Williams, Roger [R-TX-25]RHouseTX
Votes
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