,i #aacth ,,congress #b;d ,session ,h4 ,r4 #efih ,,in ,,the ,,house ,,of ,,representatives ,november #ac1 #bjad ,mr4 ,mc,caul introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to create an independent advisory panel to comprehensively assess the leadership structure1 protocols1 training1 tools1 and capabilities of the ,united ,states ,secret ,service and make recommendations to improve the efficiency and effectiveness of the ,service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,united ,states ,secret ,service ,accountability and ,improvement ,act of #bjad4 #b4 ,findings 7a7 ,in general ,congress finds the following3 7#a7 ,several recent failures have drawn negative attention to the protective mission of the ,united ,states ,secret ,service4 ,such key failures include lapses in responding appropriately to potential threats to the ,white ,house complex1 ,united ,states ,secret ,service personnel exhibiting conduct that is unbecoming to the ,service in several instances1 and reports of ,united ,states ,secret ,service personnel misusing the authorities and resources of the ,service4 7#b7 ,for example1 on ,september #ai1 #bjad1 an individual obtained unauthorized access to the ,white ,house4 ,such access was obtained after failures in five security layers by the ,united ,states ,secret ,service4 ,in another example1 on ,november #aa1 #bjaa1 an individual fired multiple shots from a semiautomatic rifle at the ,white ,house complex4 ,it was revealed that a total of seven bullets struck the exterior of the building4 ,the ,service failed to fully investigate the incident in a timely manner or to disclose it4 7#c7 ,on ,march #bc1 #bjad1 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 visit4 ,in another example1 on ,april #aa1 #bjab1 conduct unbecoming to ,united ,states ,secret ,service personnel was exhibited before a ,presidential visit to ,cartagena1 ,columbia4 ,nine personnel were involved in serious misconduct4 7#d7 ,surveillance personnel from the ,washington field office were diverted in #bjaa 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 dispute4 ,such a diversion was outside the scope of the ,service's duties and violated the ,standards of ,ethical ,conduct for ,employees of the ,executive ,branch4 7b7 ,further findings ,congress further finds that the protection of the ,president1 ,vice ,president1 ,first and ,second ,families1 and former ,presidents is a matter of national security4 ,any issues that distract from the protective mission of the ,united ,states ,secret ,service are a threat to the national security of the ,united ,states4 #c4 ,establishment ,there is established in the legislative branch an independent advisory panel to-- 7#a7 examine the efficiency and effectiveness of the leadership structure1 protocols1 training1 tools1 and capabilities of the ,department of ,homeland ,security's mission to protect national leaders1 visiting heads of state and government1 designated sites1 and special events of national significance 7in accordance with paragraph 7#a7 of section #cjef7;e7 of title #ah ,united ,states ,code72 and 7#b7 make recommendations to improve the overall efficiency and effectiveness of the ,united ,states ,secret ,service4 #d4 ,membership 7a7 ,in general ,the independent advisory panel 7in this ,act referred to as the ,panel7 established pursuant to section #c shall be composed of eight members1 as follows3 7#a7 ,two members shall be appointed by the ,speaker of the ,house of ,representatives1 in coordination with the chairs of the ,committee on the ,judiciary and the ,committee on ,homeland ,security of the ,house of ,representatives4 ,only one of such members may be from the same political party as the ,speaker of the ,house of ,representatives4 7#b7 ,two members shall be appointed by the majority leader of the ,senate1 in coordination with the chairs of the ,committee on the ,judiciary and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 ,only one of such members may be from the same political party as the majority leader of the ,senate4 7#c7 ,one member shall be appointed by the minority leader of the ,house of ,representatives1 in coordination with the ranking members of the ,committee on the ,judiciary and the ,committee on ,homeland ,security of the ,house of ,representatives4 7#d7 ,one member shall be appointed by the minority leader of the ,senate1 in coordination with the ranking members of the ,committee on the ,judiciary and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#e7 ,two members shall be appointed by the ,president1 in consultation with the ,secretary of ,homeland ,security4 ,only one of such members may be from the same political party as the ,president4 7b7 ,prohibition ,except as provided in subsection 7a71 members of the ,panel may not be current appointees of the ,president's ,administration or ,members of ,congress1 in order to ensure objectivity of the ,panel's assessments4 ,no member may be or have been an employee of the ,united ,states ,secret ,service at any point in their career4 7c7 ,deadline for appointments ,all appointments to the ,panel shall be made not later than #ij days after the date of the enactment of this ,act4 7d7 ,co-,chairs ,the ,panel shall have two co-chairs1 as follows3 7#a7 ,a co-chair who shall be a member of the ,panel designated by the ,speaker of the ,house of ,representatives4 7#b7 ,a co-chair who shall be a member of the ,panel designated by the majority leader of the ,senate4 7e7 ,vacancy ,in the event of a vacancy on the ,panel1 the individual appointed to fill the vacant seat shall be-- 7#a7 subject to paragraph 7#b71 appointed by the same officer 7or the officer's successor7 who made the appointment to the seat when the ,panel was first established2 or 7#b7 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 established1 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 appointment4 7f7 ,government employees ,members of the ,panel who are officers or employees of the ,federal ,government shall serve without additional pay 7or benefits in the nature of compensation7 for service as a member of the ,panel4 7g7 ,initial meeting ,the ,panel shall meet and begin the operations of the ,panel not later than #fj days after the appointment of all ,panel members under subsection 7a74 #e4 ,duties ,the ,panel shall assess the current leadership structure1 protocols1 training1 tools1 and capabilities of the ,united ,states ,secret ,service1 including assessing-- 7#a7 the unity of effort between the divisions of the ,united ,states ,secret ,service1 law enforcement agencies1 and other components of the ,department of ,homeland ,security related to the protective and investigative missions1 including whether mission duplication with other ,federal entities exists2 7#b7 the impact of ,united ,states ,secret ,service personnel culture on the effectiveness and efficiency of the ,service1 including ,special ,agent and ,uniformed ,division retention2 7#c7 the impact any leadership or security deficiencies have on the threat from acts of terrorism or other security incidents2 7#d7 identification of all security breaches at locations under ,united ,states ,secret ,service protection in the past five years2 7#e7 the extent to which current resources provide for accomplishing the mission of the ,united ,states ,secret ,service2 7#f7 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 situations2 and 7#g7 any necessary recommendations for congressional consideration4 #f4 ,powers and authorities 7a7 ,in general ,the ,panel or1 on the authority of the ,panel1 any portion thereof1 may1 for the purpose of carrying out this section-- 7#a7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 administer such oaths 7provided that the quorum for a hearing shall be two members of the ,panel72 and 7#b7 subject to subsection 7b71 require by subpoena or otherwise provide for the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 as the ,panel1 or such portion thereof1 may determine advisable4 7b7 ,open to the public ,hearings and other activities conducted under subsection 7a7 shall be open to the public unless the ,panel1 or1 on the authority of the ,panel1 any portion thereof1 determines that such is not appropriate1 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 data4 7c7 ,subpoenas 7#a7 ,issuance 7,a7 ,in general ,a subpoena may be issued under this subsection only-- 7i7 by the two co-chairs2 or 7ii7 by the affirmative recorded vote of six members of the ,panel4 7,b7 ,signature ,subpoenas issued under this subsection may be-- 7i7 issued under the signature of the two co-chairs or any member designated by a majority of the ,panel2 and 7ii7 served by any person designated by the two co-chairs or by any member designated by a majority of the ,panel4 7#b7 ,enforcement 7,a7 ,in general ,in the case of contumacy or failure to obey a subpoena issued under this subsection1 the ,united ,states district court for the judicial district in which the subpoenaed person resides1 is served1 or may be found1 or where the subpoena is returnable1 may issue an order requiring such person to produce documentary or other evidence4 ,any failure to obey the order of the court may be punished by the court as contempt of that court4 7,b7 ,additional enforcement ,in the case of any failure of any witness to comply with any subpoena1 the ,panel may1 by majority vote1 certify a statement of fact constituting such failure to the appropriate ,united ,states attorney1 who may bring the matter before a grand jury for its action1 under the same statutory authority and procedures as if the ,united ,states attorney had received a certification under sections #ajb through #ajd of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #aib through #aid74 7d7 ,personnel 7#a7 ,in general ,the ,panel shall have the authorities provided in section #cafa of title #e1 ,united ,states ,code1 and shall be subject to the conditions specified in such section1 except to the extent that such conditions would be inconsistent with the requirements of this section4 7#b7 ,compensation ,the co-chairs1 in accordance with rules agreed upon by the ,panel1 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 functions1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 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 #ecaf of title #e1 ,united ,states ,code4 7#c7 ,detailees ,any employee of the ,federal ,government may be detailed to the ,panel without reimbursement from the ,panel1 and such employee shall retain the rights1 status1 and privileges of such employee's regular employment without interruption4 7#d7 ,expert and consultant services ,the ,panel is authorized to procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 but at rates not to exceed the daily rate paid a person occupying a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7#e7 ,volunteer services ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,panel may accept and use voluntary and uncompensated services as the ,panel determines necessary4 7e7 ,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 requirements1 except that no person shall be provided with access to classified information under this section without the appropriate security clearances4 7f7 ,contracting ,the ,panel may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,panel to carry out its duties under this ,act4 7g7 ,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 ,government4 7h7 ,support services ,upon request of the ,panel1 the ,administrator of ,general ,services shall provide the ,panel1 on a reimbursable basis1 with the administrative support services necessary for the ,panel to carry out its duties under this ,act4 ,such administrative services may include human resource management1 budget1 leasing1 accounting1 and payroll services4 7i7 ,rules of procedure ,the ,panel may establish rules for the conduct of the ,panel's business1 if such rules are not inconsistent with this ,act or other applicable law4 7j7 ,nonapplicability of the ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,panel4 7k7 ,termination ,the ,panel shall terminate on the date that is #fj days after the date of the submission of its final report4 #g4 ,reports to ,congress 7a7 ,interim report ,not later than nine months after the date of the appointment of all the members of the ,panel1 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 report1 including the results and findings of the assessments carried out in accordance with section #e4 7b7 ,other reports and briefings ,the ,panel may from time to time submit to the committees specified in subsection 7a7 such other reports and briefings relating to the assessments carried out in accordance with section #e as the ,panel considers appropriate4 ,such committees may request information on the ,panel's progress as it conducts its work4 7c7 ,final report ,not later than eighteen months after the date of the appointment of all the members of the ,panel1 the ,panel shall submit to the committees specified in subsection 7a7 a final report on the assessments carried out in accordance with section #e4 ,such final report shall-- 7#a7 include the findings of the ,panel2 7#b7 identify lessons learned related to ,united ,states ,secret ,service leadership issues2 and 7#c7 include specific recommendations1 including those for congressional consideration1 relating to-- 7,a7 improving the efficiency and effectiveness of the leadership structure1 protocols1 training1 tools1 and capabilities of the ,department of ,homeland ,security's mission to protect national leaders1 visiting heads of state and government1 designated sites1 and special events of national significance 7in accordance with paragraph 7#a7 of section #cjef7;e7 of title #ah ,united ,states ,code72 7,b7 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 and1 as applicable1 investigative missions1 including whether duplication with other ,federal entities exists2 7,c7 eliminating barriers to effective communications in routine as well as emergency situations2 7,d7 identifying and mitigating cultural issues within the ,united ,states ,secret ,service that detract from the mission of the ,service2 and 7,e7 improvements needed to mitigate risks based on past security breaches4