[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.
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