[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5698 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5698
To create an independent advisory panel to comprehensively assess the
leadership structure, protocols, training, tools, and capabilities of
the United States Secret Service and make recommendations to improve
the efficiency and effectiveness of the Service, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 2014
Mr. McCaul introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To create an independent advisory panel to comprehensively assess the
leadership structure, protocols, training, tools, and capabilities of
the United States Secret Service and make recommendations to improve
the efficiency and effectiveness of the Service, and for other
purposes.
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
Accountability and Improvement Act of 2014''.
SEC. 2. FINDINGS.
(a) In General.--Congress finds the following:
(1) Several recent failures have drawn negative attention
to the protective mission of the United States Secret Service.
Such key failures include lapses in responding appropriately to
potential threats to the White House complex, United States
Secret Service personnel exhibiting conduct that is unbecoming
to the Service in several instances, and reports of United
States Secret Service personnel misusing the authorities and
resources of the Service.
(2) For example, on September 19, 2014, an individual
obtained unauthorized access to the White House. Such access
was obtained after failures in five security layers by the
United States Secret Service. In another example, on November
11, 2011, an individual fired multiple shots from a
semiautomatic rifle at the White House complex. It was revealed
that a total of seven bullets struck the exterior of the
building. The Service failed to fully investigate the incident
in a timely manner or to disclose it.
(3) On March 23, 2014, a Special Agent assigned to the
Counter Assault Team was found intoxicated to the point of
unconsciousness in a hotel in Amsterdam in advance of a
Presidential visit. In another example, on April 11, 2012,
conduct unbecoming to United States Secret Service personnel
was exhibited before a Presidential visit to Cartagena,
Columbia. Nine personnel were involved in serious misconduct.
(4) Surveillance personnel from the Washington field office
were diverted in 2011 from supporting the protective mission at
the request of senior leadership in order to provide protection
to a United States Secret Service employee at her home
following a neighborhood dispute. Such a diversion was outside
the scope of the Service's duties and violated the Standards of
Ethical Conduct for Employees of the Executive Branch.
(b) Further Findings.--Congress further finds that the protection
of the President, Vice President, First and Second Families, and former
Presidents is a matter of national security. Any issues that distract
from the protective mission of the United States Secret Service are a
threat to the national security of the United States.
SEC. 3. ESTABLISHMENT.
There is established in the legislative branch an independent
advisory panel to--
(1) examine the efficiency and effectiveness of the
leadership structure, protocols, training, tools, and
capabilities of the Department of Homeland Security's mission
to protect national leaders, visiting heads of state and
government, designated sites, and special events of national
significance (in accordance with paragraph (1) of section
3056(e) of title 18 United States Code); and
(2) make recommendations to improve the overall efficiency
and effectiveness of the United States Secret Service.
SEC. 4. MEMBERSHIP.
(a) In General.--The independent advisory panel (in this Act
referred to as the ``Panel'') established pursuant to section 3 shall
be composed of eight members, as follows:
(1) Two members shall be appointed by the Speaker of the
House of Representatives, in coordination with the chairs of
the Committee on the Judiciary and the Committee on Homeland
Security of the House of Representatives. Only one of such
members may be from the same political party as the Speaker of
the House of Representatives.
(2) Two members shall be appointed by the majority leader
of the Senate, in coordination with the chairs of the Committee
on the Judiciary and the Committee on Homeland Security and
Governmental Affairs of the Senate. Only one of such members
may be from the same political party as the majority leader of
the Senate.
(3) One member shall be appointed by the minority leader of
the House of Representatives, in coordination with the ranking
members of the Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
(4) One member shall be appointed by the minority leader of
the Senate, in coordination with the ranking members of the
Committee on the Judiciary and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(5) Two members shall be appointed by the President, in
consultation with the Secretary of Homeland Security. Only one
of such members may be from the same political party as the
President.
(b) Prohibition.--Except as provided in subsection (a), members of
the Panel may not be current appointees of the President's
Administration or Members of Congress, in order to ensure objectivity
of the Panel's assessments. No member may be or have been an employee
of the United States Secret Service at any point in their career.
(c) Deadline for Appointments.--All appointments to the Panel shall
be made not later than 90 days after the date of the enactment of this
Act.
(d) Co-Chairs.--The Panel shall have two co-chairs, as follows:
(1) A co-chair who shall be a member of the Panel
designated by the Speaker of the House of Representatives.
(2) A co-chair who shall be a member of the Panel
designated by the majority leader of the Senate.
(e) Vacancy.--In the event of a vacancy on the Panel, the
individual appointed to fill the vacant seat shall be--
(1) subject to paragraph (2), appointed by the same officer
(or the officer's successor) who made the appointment to the
seat when the Panel was first established; or
(2) if the officer's successor is of a party other than the
party of the officer who made the initial appointment when the
Panel was first established, chosen in consultation with the
senior officers of the House of Representatives and the Senate
of the party which is the party of the officer who made such
initial appointment.
(f) Government Employees.--Members of the Panel who are officers or
employees of the Federal Government shall serve without additional pay
(or benefits in the nature of compensation) for service as a member of
the Panel.
(g) Initial Meeting.--The Panel shall meet and begin the operations
of the Panel not later than 60 days after the appointment of all Panel
members under subsection (a).
SEC. 5. DUTIES.
The Panel shall assess the current leadership structure, protocols,
training, tools, and capabilities of the United States Secret Service,
including assessing--
(1) the unity of effort between the divisions of the United
States Secret Service, law enforcement agencies, and other
components of the Department of Homeland Security related to
the protective and investigative missions, including whether
mission duplication with other Federal entities exists;
(2) the impact of United States Secret Service personnel
culture on the effectiveness and efficiency of the Service,
including Special Agent and Uniformed Division retention;
(3) the impact any leadership or security deficiencies have
on the threat from acts of terrorism or other security
incidents;
(4) identification of all security breaches at locations
under United States Secret Service protection in the past five
years;
(5) the extent to which current resources provide for
accomplishing the mission of the United States Secret Service;
(6) the effectiveness of communications and dissemination
of homeland security information within the United States
Secret Service and with other law enforcement entities in
routine as well as emergency situations; and
(7) any necessary recommendations for congressional
consideration.
SEC. 6. POWERS AND AUTHORITIES.
(a) In General.--The Panel or, on the authority of the Panel, any
portion thereof, may, for the purpose of carrying out this section--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths (provided that the quorum for a hearing shall be two
members of the Panel); and
(2) subject to subsection (b), require by subpoena or
otherwise provide for the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents, as the Panel,
or such portion thereof, may determine advisable.
(b) Open to the Public.--Hearings and other activities conducted
under subsection (a) shall be open to the public unless the Panel, or,
on the authority of the Panel, any portion thereof, determines that
such is not appropriate, including for reasons relating to the
disclosure of information or material regarding the national security
interests of the United States or the disclosure of sensitive law
enforcement data.
(c) Subpoenas.--
(1) Issuance.--
(A) In general.--A subpoena may be issued under
this subsection only--
(i) by the two co-chairs; or
(ii) by the affirmative recorded vote of
six members of the Panel.
(B) Signature.--Subpoenas issued under this
subsection may be--
(i) issued under the signature of the two
co-chairs or any member designated by a
majority of the Panel; and
(ii) served by any person designated by the
two co-chairs or by any member designated by a
majority of the Panel.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under this
subsection, the United States district court for the
judicial district in which the subpoenaed person
resides, is served, or may be found, or where the
subpoena is returnable, may issue an order requiring
such person to produce documentary or other evidence.
Any failure to obey the order of the court may be
punished by the court as contempt of that court.
(B) Additional enforcement.--In the case of any
failure of any witness to comply with any subpoena, the
Panel may, by majority vote, certify a statement of
fact constituting such failure to the appropriate
United States attorney, who may bring the matter before
a grand jury for its action, under the same statutory
authority and procedures as if the United States
attorney had received a certification under sections
102 through 104 of the Revised Statutes of the United
States (2 U.S.C. 192 through 194).
(d) Personnel.--
(1) In general.--The Panel shall have the authorities
provided in section 3161 of title 5, United States Code, and
shall be subject to the conditions specified in such section,
except to the extent that such conditions would be inconsistent
with the requirements of this section.
(2) Compensation.--The co-chairs, in accordance with rules
agreed upon by the Panel, may appoint and fix the compensation
of a staff director and such other personnel as may be
necessary to enable the Panel to carry out its functions,
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and
General Schedule pay rates, except that no rate of pay fixed
under this paragraph may exceed the equivalent of that payable
for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(3) Detailees.--Any employee of the Federal Government may
be detailed to the Panel without reimbursement from the Panel,
and such employee shall retain the rights, status, and
privileges of such employee's regular employment without
interruption.
(4) Expert and consultant services.--The Panel is
authorized to procure the services of experts and consultants
in accordance with section 3109 of title 5, United States Code,
but at rates not to exceed the daily rate paid a person
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(5) Volunteer services.--Notwithstanding section 1342 of
title 31, United States Code, the Panel may accept and use
voluntary and uncompensated services as the Panel determines
necessary.
(e) Security Clearances.--The appropriate departments or agencies
of the Federal Government shall cooperate with the Panel in
expeditiously providing to the Panel members and staff appropriate
security clearances to the extent possible pursuant to existing
procedures and requirements, except that no person shall be provided
with access to classified information under this section without the
appropriate security clearances.
(f) Contracting.--The Panel may, to such extent and in such amounts
as are provided in appropriation Acts, enter into contracts to enable
the Panel to carry out its duties under this Act.
(g) Postal Services.--The Panel may use the United States mails in
the same manner and under the same conditions as departments and
agencies of the Federal Government.
(h) Support Services.--Upon request of the Panel, the Administrator
of General Services shall provide the Panel, on a reimbursable basis,
with the administrative support services necessary for the Panel to
carry out its duties under this Act. Such administrative services may
include human resource management, budget, leasing, accounting, and
payroll services.
(i) Rules of Procedure.--The Panel may establish rules for the
conduct of the Panel's business, if such rules are not inconsistent
with this Act or other applicable law.
(j) Nonapplicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Panel.
(k) Termination.--The Panel shall terminate on the date that is 60
days after the date of the submission of its final report.
SEC. 7. REPORTS TO CONGRESS.
(a) Interim Report.--Not later than nine months after the date of
the appointment of all the members of the Panel, the Panel shall submit
to the Committee on the Judiciary and the Committee on Homeland
Security of the House of Representatives and the Committee on the
Judiciary and the Committee on Homeland Security and Governmental
Affairs of the Senate an interim report, including the results and
findings of the assessments carried out in accordance with section 5.
(b) Other Reports and Briefings.--The Panel may from time to time
submit to the committees specified in subsection (a) such other reports
and briefings relating to the assessments carried out in accordance
with section 5 as the Panel considers appropriate. Such committees may
request information on the Panel's progress as it conducts its work.
(c) Final Report.--Not later than eighteen months after the date of
the appointment of all the members of the Panel, the Panel shall submit
to the committees specified in subsection (a) a final report on the
assessments carried out in accordance with section 5. Such final report
shall--
(1) include the findings of the Panel;
(2) identify lessons learned related to United States
Secret Service leadership issues; and
(3) include specific recommendations, including those for
congressional consideration, relating to--
(A) improving the efficiency and effectiveness of
the leadership structure, protocols, training, tools,
and capabilities of the Department of Homeland
Security's mission to protect national leaders,
visiting heads of state and government, designated
sites, and special events of national significance (in
accordance with paragraph (1) of section 3056(e) of
title 18 United States Code);
(B) improving unity of effort between the divisions
of the United States Secret Service and other law
enforcement agencies and other components of the
Department of Homeland Security relating to the
protective and, as applicable, investigative missions,
including whether duplication with other Federal
entities exists;
(C) eliminating barriers to effective
communications in routine as well as emergency
situations;
(D) identifying and mitigating cultural issues
within the United States Secret Service that detract
from the mission of the Service; and
(E) improvements needed to mitigate risks based on
past security breaches.
<all>