[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3636 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3636

 To transfer the United States Secret Service to the Department of the 
                               Treasury.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2020

 Mr. Graham (for himself and Mrs. Feinstein) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 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 the 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); and
            (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)''; and
                                    (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>