H.R. 5698 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5698 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. 1. Short title This Act may be cited as the United States Secret Service Accountability and Improvement Act of 2014. 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. 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. 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). 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. 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. 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.