Congressional Record, Volume 161 Issue 119 (Monday, July 27, 2015)

[Congressional Record Volume 161, Number 119 (Monday, July 27, 2015)]
[House]
[Pages H5491-H5494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SECRET SERVICE IMPROVEMENTS ACT OF 2015

Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1656) to provide for additional resources for the Secret
Service, and to improve protections for restricted areas, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1656

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 ``Secret Service Improvements
Act of 2015''.

SEC. 2. PRESIDENTIAL APPOINTMENT OF DIRECTOR OF THE SECRET
SERVICE.

Section 3056 of title 18, United States Code, is amended by
adding at the end:
``(h) The Director of the Secret Service shall be appointed
by the President, by and with the advice and consent of the
Senate. The Director of the Secret Service is the head of the
Secret Service.''.

SEC. 3. RESTRICTED BUILDING OR GROUNDS.

Section 1752(a) of title 18, United States Code, is
amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by inserting ``or'' at the end; and
(3) by inserting after paragraph (4) the following:
``(5) knowingly, and with the intent to enter a restricted
building or grounds, causes any object to enter any
restricted building or grounds, when, or so that, such
object, in fact, impedes or disrupts the orderly conduct of
government business or official functions;''.

SEC. 4. THREATS AGAINST FORMER VICE PRESIDENTS.

Section 879(a)(4) of title 18, United States Code, is
amended by striking ``section 3056(a)(6)'' and inserting
``paragraph (6) or (8) of section 3056(a)''.

SEC. 5. INCREASED TRAINING.

Beginning in the first full fiscal year after the date of
enactment of this Act, the Director of the Secret Service
shall increase the annual number of hours spent training by
officers and agents of the Secret Service, including officers
of the United States Secret Service Uniformed Division
established under section 3056A of title 18, United States
Code and agents operating pursuant to section 3056 of title
18, United States Code, including joint training between the
two.

SEC. 6. TRAINING FACILITIES.

The Director of the Secret Service is authorized to
construct facilities at the Rowley Training Center necessary
to improve the training of officers of the United States
Secret Service Uniformed Division established under section
3056A of title 18, United States Code and agents of the
United States Secret Service, operating pursuant to section
3056 of title 18, United States Code.

SEC. 7. HIRING OF ADDITIONAL OFFICERS AND AGENTS.

The Director of the Secret Service is authorized to hire
not fewer than--
(1) 200 additional officers for the United States Secret
Service Uniformed Division established under section 3056A of
title 18, United States Code; and
(2) 85 additional agents for the United States Secret
Service Presidential Protective Detail, operating pursuant to
section 3056 of title 18, United States Code.

SEC. 8. EVALUATION OF VULNERABILITIES AND THREATS.

(a) In General.--The Director of the Secret Service shall
devise and adopt improved procedures for evaluating
vulnerabilities in the security of the White House and
threats to persons protected by the Secret Service, including
threats posed by unmanned aerial systems or explosive
devices.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Director of the Secret Service
shall report on the implementation of subsection (a) to--
(1) the Committee on the Judiciary of the House of
Representatives;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Homeland Security of the House of
Representatives;
(4) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(5) the Committee on Oversight and Government Reform of the
House of Representatives.

SEC. 9. EVALUATION OF USE OF TECHNOLOGY.

(a) In General.--The Director of the Secret Service, in
consultation with the Under Secretary for Science and
Technology of the Department of Homeland Security, and other
experts, shall devise and adopt improved procedures for--
(1) evaluating the ways in which technology may be used to
improve the security of the White House and the response to
threats to persons protected by the Secret Service; and

[[Page H5492]]

(2) retaining evidence pertaining to the duties referred to
in paragraph (1) for an extended period of time.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Director of the Secret Service
shall report on the implementation of subsection (a) to--
(1) the Committee on the Judiciary of the House of
Representatives;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Homeland Security of the House of
Representatives;
(4) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(5) the Committee on Oversight and Government Reform of the
House of Representatives.

SEC. 10. EVALUATION OF USE OF ADDITIONAL WEAPONRY.

The Director of the Secret Service shall evaluate the
practicability of equipping agents and officers with weapons
other than those provided to officers and agents of the
Secret Service as of the date of enactment of this Act,
including nonlethal weapons.

SEC. 11. SECURITY COSTS FOR SECONDARY RESIDENCES.

(a) In General.--The Presidential Protection Assistance Act
of 1976 (18 U.S.C. 3056 note) is amended by striking section
4 and inserting the following:

``SEC. 4. NOTIFICATION REGARDING EXPENDITURES ON NON-
GOVERNMENTAL PROPERTIES.

``The Secret Service shall notify the Committees on
Appropriations of the House and Senate of any expenditures
for permanent facilities, equipment, and services to secure
any non-Governmental property in addition to the one non-
Governmental property designated by each protectee under
subsection (a) or (b) of section 3.''.
(b) Conforming Amendments.--The Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056 note), as amended by
this Act, is further amended--
(1) in section 3(b), by striking ``any expenditures by the
Secret Service'' and all that follows through ``imposed under
section 4'' and inserting ``any expenditures by the Secret
Service for permanent facilities, equipment, and services to
secure the non-Governmental property previously designated
under subsection (a) are subject to the requirements set
forth in section 4''; and
(2) in section 5(c), by striking ``within the limitations
imposed under section 4''.

SEC. 12. ESTABLISHMENT OF ETHICS PROGRAM OFFICE.

Subject to the oversight of the Office of Chief Counsel of
the United States Secret Service, the Director of the Secret
Service shall establish an Ethics Program Office, consisting
of a minimum of 2 employees, to administer the provisions of
the Ethics in Government Act of 1978, as amended, and to
provide increased training to employees of the United States
Secret Service.

SEC. 13. SENSE OF CONGRESS.

It is the sense of Congress that an assessment made by the
Secretary of Homeland Security or the Director of the Secret
Service with regard to physical security of the White House
and attendant grounds, and any security-related enhancements
thereto should be accorded substantial deference by the
National Capital Planning Commission, the Commission of Fine
Arts, and any other relevant entities.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from Georgia (Mr. Johnson)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.

General Leave

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and to include extraneous materials on the bill currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the Secret Service has two primary missions: criminal
investigations and protection of the President, Vice President, and
other dignitaries. As a result, the Secret Service is entrusted with
protecting some of our most valuable assets. This is an extremely
difficult, high-profile mission, in an environment with zero margin for
error.
The Secret Service is comprised of many outstanding and upstanding
men and women who do excellent work; however, over the last few years,
a series of embarrassing scandals, security failures, and instances of
poor judgment have rocked the Secret Service. These incidents range
from agents' use of prostitutes while on official travel to Colombia;
to an incident in the Netherlands involving intoxicated agents; to the
agency's failure to initially apprehend fence jumper Omar Gonzalez, who
was later arrested inside the White House.
Following these incidents, the President appointed a new director of
the Secret Service, Joseph Clancy, who has implemented a number of
reforms. The President also appointed a panel of experts to recommend
changes to the Secret Service. Through this committee's oversight and
the recommendations of the panel, it is clear that, despite Director
Clancy's initiatives, legislative action is still necessary.
We must ensure that the agency's officers and agents are properly
trained in order to successfully identify potential threats and prevent
them from materializing, as well as to ensure that the agency has the
tools it needs to carry out its mission.
H.R. 1656, the Secret Service Improvements Act of 2015, is bipartisan
legislation introduced to provide much-needed resources to the agency
and implement many of the U.S. Secret Service Protective Mission
Panel's recommendations for improvements for the agency. I am pleased
to have worked on this legislation with Judiciary Committee Ranking
Member Conyers, Crime Subcommittee Chairman Sensenbrenner, and Ranking
Member Jackson Lee.
This bill makes much-needed improvements to the Secret Service. These
improvements strengthen the security of the President, other
protectees, and the White House complex; enhance Secret Service
officers' and agents' training; and increase the agency's manpower.
This legislation also improves transparency and accountability within
the agency by requiring Senate confirmation of the Director of the
Secret Service. The person entrusted to not only protect the President,
but to also head a $1.5 billion Federal law enforcement agency, should
be subject to the same process of advice and consent of the Senate as
his counterparts at other comparable agencies.
Finally, this legislation creates an ethics office within the office
of the general counsel in order to respond to rectify and help prevent
misconduct at the agency.
The resources and improvements provided by this legislation will help
to reform the Secret Service and to restore the trust that Congress,
the President, and the American people must have in the vital tasks
that the Secret Service carries out every single day.
This bill passed unanimously from the Judiciary Committee, and I urge
my House colleagues to join me in support of the legislation.
I reserve the balance of my time.

{time} 1600

Mr. JOHNSON of Georgia. Mr. Speaker, I yield myself such time as I
may consume.
H.R. 1656, the Secret Service Improvements Act, will assist the
Secret Service with its critical mission of protecting the President
and Vice President and other dignitaries as well as with its
investigative role in protecting our Nation's financial infrastructure
against criminal threats.
This important bill was introduced by the bipartisan leadership of
the Judiciary Committee: Chairman Bob Goodlatte, Ranking Member John
Conyers, Crime Subcommittee Chairman Jim Sensenbrenner, and Crime
Subcommittee Ranking Member Sheila Jackson Lee.
H.R. 1656 was developed to address shortcomings related to the Secret
Service that have come to light in recent years.
Unfortunately, the image of this once revered agency has been
tarnished both because of the misbehavior of agents and of the
performance issues that have resulted in security lapses. Last fall,
the Judiciary Committee held an important oversight hearing to review
the operation of this vitally important agency.
Then-Acting Director Joseph Clancy, who has since taken on the job on
a more permanent basis, came before the committee to discuss the
mission of the agency and issues relating to recent lapses in security
that could have jeopardized the individuals the agency is sworn to
protect. In particular, the committee engaged in a frank discussion
about the unacceptable incident last September in which a man was able
to jump over the White House's fence, run past Secret Service officers,
and enter the White House.

[[Page H5493]]

We learned that, while there were performance errors made by some of
the officers that day, the protective mission of the Secret Service has
been jeopardized largely because the agency has been allowed to fall
into a state of disrepair. Personnel levels are unacceptably low; the
long hours on duty leave little time for training; equipment and
technological systems are not upgraded or integrated sufficiently; and
the culture of the agency has suffered from poor leadership.
These conclusions were confirmed and expanded upon by the review
panel established by Department of Homeland Security Secretary Jeh
Johnson in the wake of the White House's intrusion last year. H.R. 1656
was introduced to address several categories of these challenges to the
mission of the Secret Service: leadership, resources, training,
authorities, and personal conduct:
With respect to leadership, the bill requires the position of
Director of the Secret Service to be confirmed by the Senate after the
Presidential nomination;
With respect to resources, the bill authorizes the hiring of
additional personnel and requires a review of the agency's use of
technology, an area of concern based on past security lapses;
With respect to training, the bill requires more training for agents
and Uniformed Division officers, and it also authorizes the
construction of better training facilities;
With respect to authorities, the bill allows the agency to
investigate threats against former Vice Presidents in the same way it
investigates threats against former Presidents;
With respect to personal conduct, the bill establishes an Ethics
Program Office that will emphasize the need for agency personnel to
conduct themselves according to established ethical standards.
The goal of this bill is to prevent future security lapses similar to
what the agency has experienced in recent years and to protect against
even more sophisticated threats that could result in far more harm.
This is a strong, bipartisan bill that, I hope, will soon become law.
Therefore, I urge my colleagues to vote in favor of it today.
I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
Mr. JOHNSON of Georgia. Mr. Speaker, I yield 3 minutes to the
gentlewoman from the District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Speaker, I certainly appreciate my good friend from
Georgia for yielding to me to speak on this Secret Service reform bill
and on the work of the chairman of the committee, Mr. Goodlatte from
Virginia, on this bill.
Our Oversight and Government Reform Committee held several hearings
on Secret Service reform, and much of the content, I am pleased to say,
is reflected in H.R. 1656. There, of course, have been an increasing
number of fence jumpers in recent years, but it took a stunning
penetration to the very interior of the White House by Omar Gonzalez
last year to make it clear that the reform of the Secret Service was
urgent.
At hearings, we learned that there had never been--not once--a top-
to-bottom review of the Secret Service in its more than 100 years of
existence. This was, clearly, urgently needed; so Secretary Jeh Johnson
appointed the first independent review panel. What it found was, across
the board, weakness and flaws in the United States Secret Service.
Although its mission has expanded greatly over the years, today, the
Secret Service simply does not reflect the post-9/11 experience, much
less that of today's ISIL and domestic terrorism. The fence jumpers had
already shown that the Secret Service could not be expected to meet its
zero failure mission.
Today's bill shows that Congress takes the reform of the Secret
Service very seriously. The funding, which is usually missing from such
reform these days, is authorized, and the bill adopts much of the
independent review's recommendations:
Instead of blaming overworked uniformed Secret Service and agents who
have been working 6 and 7 days a week for 12 hours a day because of no
additional personnel, the bill authorizes the addition of 80 agents and
200 Uniformed Division personnel, which is virtually what the
independent review panel recommended;
The bill increases the number of hours of training to meet the Secret
Service's expanded mission;
It faces the need to make greater use of technology, and it even
takes note of a post-fence jumper phenomenon, the unmanned drones that
have become a new form of fence jumping.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. JOHNSON of Georgia. Mr. Speaker, I yield the gentlewoman an
additional 1 minute.
Ms. NORTON. I appreciate that.
Mr. Speaker, the space in front of the White House is a First
Amendment park. I was invited down to a commemoration by citizens, who
come every Monday to urge the reform of our gun laws.
To respond to fence jumping, some had talked of making it difficult
for the public to come to that space in front of Pennsylvania Avenue.
At hearings, I was assured that that was not necessary; and this bill
backs that up. Spikes have been added for the fence jumpers, making it
difficult to jump over, but Mr. Speaker, I was pleased to see today
that the public continues to use Pennsylvania Avenue as the First
Amendment space it has always been.
Mr. JOHNSON of Georgia. Mr. Speaker, I yield back the balance of my
time.
Mr. GOODLATTE. Mr. Speaker, again, I thank the gentleman from Georgia
and the ranking member of the committee, Mr. Conyers, as well as Mr.
Sensenbrenner and the ranking member of the subcommittee, Ms. Jackson
Lee.
I urge my colleagues to support this bipartisan legislation.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise today in strong support of H.R.
1656, the ``Secret Service Improvements Act of 2015.''
The ``Secret Service Improvements Act,'' is important because it will
provide vital resources and strengthen protections of this important
agency.
The Secret Service agency is one of the most elite law enforcement
organizations in the world and has earned this reputation by providing
140 years of unparalleled service to this nation.
However, the Secret Service is facing a number of challenges,
including the need for more resources, better training, better use of
technology, and a better understanding of emerging threats.
This bill addresses each of these needs.
I am particularly pleased that Section 14 of this bill incorporates
my amendment to create an Ethics Program Office to fully and
effectively implement and administer the ethics laws, regulations, and
policies governing Secret Service employees.
In recent years, the image of this once-revered agency has been
tarnished--both because of misbehavior of agents and performance issues
that resulted in security lapses.
Much of the negative attention on the personal behavior of Secret
Service agents was initially prompted by the revelations in 2012
involving the solicitation of prostitutes by agents of the Secret
Service in Cartagena, Colombia.
At the time, it was reported that a dozen Secret Service agents
engaged the services of prostitutes before a presidential visit to
Colombia for the Summit of the Americas.
I attended that Summit and was appalled to have learned of the
behavior of some of the agents.
In my capacity as Ranking Member of the Judiciary's Subcommittee on
Crime and Senior Member of the Committee on Homeland Security, I
examined the Cartagena incident, and met with then-Director Mark
Sullivan to express my concern and press for strong corrective action.
In fact, I have engaged in persistent oversight with respect to
issues involving the Secret Service, ranging from the intrusion into
the White House last year to the 2009 incident in which a couple evaded
security to attend a state dinner at the White House honoring the Prime
Minister of India.
I have met with Directors of the Secret Service on multiple occasions
over the past several years to discuss and address performance and
misconduct issues.
Agent misconduct of the sorts that have taken place in recent years
is unacceptable.
It is more than offensive--it jeopardizes the ability of the agency
to carry out its core mission.
To address misconduct issues and ethical lapses by Secret Service
personnel, the manager's amendment includes a provision I developed, in
cooperation with the Secret Service, that will help elevate the issue
of ethical conduct at the agency through the creation of an Ethics
Program Office.
With respect to other issues related to the protection provided by
the Secret Service, it is

[[Page H5494]]

clear that the agency has been operating at an unacceptable level of
resources.
The agency is understaffed at the agent and Uniform Division levels,
resulting in shifts that are too long and which leave inadequate time
for training.
The agency also needs to better use state-of-the-art technology and
communications equipment.
All of these deficiencies contributed to the security breakdowns that
allowed a man to climb over the White House fence, evade Secret Service
officers while running across the White House lawn, and then run into
the White House itself.
The goal of H.R. 1656 is to prevent future such incidents--and to
protect against even more sophisticated threats that could result in
far more harm.
This bill also would require that future directors of the Secret
Service, after nomination by the President, be subject to Senate
confirmation.
The current Director, Joseph Clancy, appears to be doing a good job
in reinvigorating that agency, and we do not propose this as a
criticism of him, or the President's selection of him, in any way.
However, this position--as is the case with the directors of the
other law enforcement components of the Department of Homeland
Security--should be Senate-confirmed, reinforcing the need to appoint
the most highly-qualified candidates and elevating the position in
stature.
With the consideration of this legislation today, we recognize that
it is unfortunately the case that the Secret Service has recently
failed to live up to its high standards with respect to the protection
it provides our President and others.
By adopting the ``Secret Service Improvements Act,'' we can help
restore the agency so that it will be better prepared to achieve its
mission.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 1656, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

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