[House Report 117-446]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 117-446
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DEPARTMENT OF HOMELAND SECURITY SEAL
PROTECTION ACT OF 2022
_______
July 28, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 7778]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 7778) to amend the Homeland Security Act of 2002
to prohibit misuse of the Department of Homeland Security seal,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearing.......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 3
Federal Mandates Statement....................................... 4
Duplicative Federal Programs..................................... 4
Statement of General Performance Goals and Objectives............ 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security Seal
Protection Act of 2022''.
SEC. 2. PROHIBITION ON MISUSE OF THE DEPARTMENT OF HOMELAND SECURITY
SEAL.
Subsection (a) of section 875 of the Homeland Security Act of 2002 (6
U.S.C. 455) is amended to read as follows:
``(a) Seal.--
``(1) In general.--The Department shall have a seal, the
design of which shall be subject to the approval of the
President.
``(2) Protection of seal.--Except with the written permission
of the Secretary, no person may knowingly use the seal, or any
colorable imitation thereof, of the Department in a manner
reasonably calculated to convey the impression that the
Department or any organizational component or element of the
Department has approved, endorsed, or authorized such use.
``(3) Construction.--Nothing in this subsection may be
construed to restrict the use of the seal of the Department by
officers and employees of the Department in their course of
their official duties.
``(4) Existing design.--Notwithstanding paragraph (1),
nothing in this subsection renders unlawful the use of any seal
of the Department the design of which was lawful as of the date
of the enactment of this subsection.''.
Purpose and Summary
H.R. 7778, the ``Department of Homeland Security Seal
Protection Act of 2022,'' prohibits the use of the Department
of Homeland Security's (DHS) seal or colorable imitation of the
seal in a manner that gives the false impression that the
Department or its components have authorized such use except
with the written permission of the Secretary of Homeland
Security. This bill specifies that DHS personnel are permitted
to use the seal while conducting official duties. In addition,
the bill includes a provision to protect current lawful users
of existing seal designs at the time of enactment.
Background and Need for Legislation
On August 11, 2021, DHS submitted a legislative proposal to
Congress to enhance the protection of DHS's seal in response to
challenges it has encountered when relying upon the general
seal protection statute.
Since June 2003, DHS has maintained a seal to symbolize its
mission; it is incorporated in DHS uniforms and equipment as
well as the branding of DHS components. There are provisions of
law that generally prohibit the misappropriation or
exploitation of a Federal agency's symbol.\1\ However, the DHS
seal lacks specific statutory protections like the seals of
other Federal departments and agencies. Departments and
agencies with specific protections include the Department of
the Treasury, Department of Defense, Department of Veterans
Affairs, National Security Agency, Central Intelligence Agency,
U.S. Marshals Service, and U.S. Marine Corps.\2\
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\1\Unauthorized use is a violation of 18 U.S.C. 506, 701, and
1017.
\2\Examples of Federal departments and agencies whose seals are
protected include: the Department of the Treasury (31 U.S.C. 333);
Department of Defense (32 C.F.R. 212.6); Department of Veterans
Affairs (38 C.F.R. 1.9); National Security Agency (50 U.S.C. 3613);
Central Intelligence Agency (50 U.S.C. 3513); U.S. Marshals Service
(18 U.S.C. 709); and U.S. Marine Corps (10 U.S.C. 8921).
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DHS has identified substantial misuse of its seal
undermining the Department's core values of integrity,
vigilance, and respect. Individuals have used the seal to
impersonate DHS officers and agents and engage in crimes, and
businesses have used it to convey the impression that the
Department endorses their products or services to seek material
gain.\3\ The risks stemming from impersonators were
demonstrated in April 2022, when Federal prosecutors charged
two individuals of allegedly impersonating undercover DHS
agents to gain the trust of officers within the U.S. Secret
Service. According to court records, ``the men were not merely
playing dress-up'' but ``engaged in conduct that represented a
serious threat to the community, compromised the operations of
a federal law enforcement agency, and created a potential risk
to national security.''\4\
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\3\Documents on file with the Committee (DHS Slides for Committee
Staff Briefing on Mar. 23, 2022).
\4\Spencer S. Hsu, Peter Humm, and Matt Zapotosky, ``Men posing as
DHS employees created potential national security risk, prosecutors
say,'' Washington Post, (Apr. 8, 2022), available at https://
www.washingtonpost.com/dc-md-va/2022/04/08/men-impersonating-federal-
officers-detention/.
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Businesses misrepresenting endorsement or approval by DHS
of products and services include a tornado shelter manufacturer
using the seal to endorse its products, a third-party website
using the seal to advertise medical examinations, and online
retailers selling face masks displaying the seal during the
COVID-19 pandemic.\5\
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\5\Documents on file with the Committee, supra, at note 3.
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Hearings
For the purposes of clause 3(c)(6) of rule XIII of the
Rules of the House of Representatives, no hearings were used to
develop H.R. 7778.
Committee Consideration
The Committee met on May 19, 2022, a quorum being present,
to consider H.R. 7778 and ordered the measure to be favorably
reported to the House, as amended, by voice vote.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
recorded votes on the motion to report legislation and
amendments thereto.
No recorded votes were considered during consideration of
H.R. 7778.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X, are incorporated in the descriptive portions of this
report.
Congressional Budget Office Estimate, New Budget Authority, Entitlement
Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII and section 308(a) of the Congressional Budget Act of
1974, and with respect to the requirements of clause 3(c)(3) of
rule XIII and section 402 of the Congressional Budget Act of
1974, the Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 7778 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the objective of
H.R. 7778 is to enhance the protection of DHS's seal by
allowing the Department to prevent or pursue action against
individuals, organizations, or businesses that use the seal to
misrepresent endorsement or approval by DHS and harm the public
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI, this bill, as reported,
contains no congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that H.R. 7778 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section states that the Act may be cited as the
``Department of Homeland Security Seal Protection Act of
2022''.
Sec. 2. Prohibition on misuse of the Department of Homeland Security
seal
This section provides that DHS shall have a seal subject to
approval of the President of the United States.
This section states that no individual may knowingly use
the Department's seal, or colorable imitation, to convey the
Department or its components have approved, endorsed, or
authorized such use without written consent from the Secretary
of Homeland Security.
This section also states that this Act does not restrict
the use of the seal by officers and employees during official
duties and provides a clause to protect lawful users of designs
in existence at the time of enactment of this Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
SEC. 875. MISCELLANEOUS AUTHORITIES.
[(a) Seal.--The Department shall have a seal, whose design is
subject to the approval of the President.]
(a) Seal.--
(1) In general.--The Department shall have a seal,
the design of which shall be subject to the approval of
the President.
(2) Protection of seal.--Except with the written
permission of the Secretary, no person may knowingly
use the seal, or any colorable imitation thereof, of
the Department in a manner reasonably calculated to
convey the impression that the Department or any
organizational component or element of the Department
has approved, endorsed, or authorized such use.
(3) Construction.--Nothing in this subsection may be
construed to restrict the use of the seal of the
Department by officers and employees of the Department
in their course of their official duties.
(4) Existing design.--Notwithstanding paragraph (1),
nothing in this subsection renders unlawful the use of
any seal of the Department the design of which was
lawful as of the date of the enactment of this
subsection.
(b) Participation of Members of the Armed Forces.--With
respect to the Department, the Secretary shall have the same
authorities that the Secretary of Transportation has with
respect to the Department of Transportation under section 324
of title 49, United States Code.
(c) Redelegation of Functions.--Unless otherwise provided in
the delegation or by law, any function delegated under this Act
may be redelegated to any subordinate.
(d) Investigation of Certain Violent Acts, Shootings, and
Mass Killings.--
(1) In general.--At the request of an appropriate law
enforcement official of a State or political
subdivision, the Secretary, through deployment of the
Secret Service or United States Immigration and Customs
Enforcement, may assist in the investigation of violent
acts and shootings occurring in a place of public use,
and in the investigation of mass killings and attempted
mass killings. Any assistance provided by the Secretary
under this subsection shall be presumed to be within
the scope of Federal office or employment.
(2) Definitions.--For purposes of this subsection--
(A) the term ``mass killings'' means 3 or
more killings in a single incident; and
(B) the term ``place of public use'' has the
meaning given that term under section
2332f(e)(6) of title 18, United States Code.
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[all]