,,ii #aafth ,,congress #b;d ,session ,s4 #cfcf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #f1 #bjbj,mr4 ,graham 7for himself and ,mrs4 ,feinstein7 introduced the following bill2 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 ,treasury4 #a4 ,short title ,this ,act may be cited as the ,united ,states ,secret ,service ,mission ,improvement and ,realignment ,act of #bjbj4 #b4 ,functions transferred 7a7 ,in general ,in accordance with this ,act1 there shall be transferred to the ,secretary of the ,treasury the functions1 personnel1 assets1 and obligations of the ,united ,states ,secret ,service1 including the functions of the ,secretary of ,homeland ,security relating thereto4 7b7 ,distinct entity ,the ,united ,states ,secret ,service shall be maintained as a distinct entity within the ,department of the ,treasury4 #c4 ,transitional authorities 7a7 ,provision of assistance by officials ,until the transfer of the ,united ,states ,secret ,service to the ,department of the ,treasury1 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 assistance1 including the use of personnel and assets1 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 ,treasury4 7b7 ,services and personnel ,during the period beginning on the date of enactment of this ,act and ending on the effective date of this ,act1 upon the request of the ,secretary of the ,treasury1 the head of any executive agency may1 on a reimbursable basis1 provide services or detail personnel to assist with the transition4 7c7 ,transfer of personnel1 assets1 obligations1 and functions ,upon the transfer of the ,united ,states ,secret ,service to the ,department of the ,treasury-- 7#a7 the personnel1 assets1 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 allocation1 subject to the approval of the ,director of the ,office of ,management and ,budget and in accordance with section #aeca7;a77#b7 of title #ca1 ,united ,states ,code2 and 7#b7 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 transfer1 including all such functions vested in the ,secretary of ,homeland ,security by the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 or any other law4 #d4 ,savings provisions 7a7 ,completed administrative actions 7#a7 ,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 ,treasury1 but shall continue in effect according to the terms of the completed administrative action until the completed administrative action is amended1 modified1 superseded1 terminated1 set aside1 or revoked in accordance with law by an officer of the ,united ,states or a court of competent jurisdiction1 or by operation of law4 7#b7 ,completed administrative action defined ,in this subsection1 the term completed administrative action includes an order1 a determination1 a rule1 a regulation1 a personnel action1 a permit1 an agreement1 a grant1 a contract1 a certificate1 a license1 a registration1 and a privilege4 7b7 ,pending proceedings 7#a7 ,in general ,any pending proceeding in the ,united ,states ,secret ,service1 including a notice of proposed rulemaking and an application for a license1 permit1 certificate1 grant1 or financial assistance1 shall continue notwithstanding the enactment of this ,act or the transfer of the ,united ,states ,secret ,service to the ,department of the ,treasury1 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 occurred4 7#b7 ,orders ,any order issued in a proceeding described in paragraph 7#a71 or an appeal therefrom1 and any payment made pursuant to such an order1 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 transferred1 and the order shall continue in effect until amended1 modified1 superseded1 terminated1 set aside1 or revoked by an officer of the ,united ,states or a court of competent jurisdiction1 or by operation of law4 7c7 ,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 ,treasury1 and in the pending civil action1 proceedings shall be had1 appeals taken1 and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred4 7d7 ,references ,any reference relating to the ,united ,states ,secret ,service in a statute1 an executive order1 a rule1 a regulation1 a directive1 or a delegation of authority that precedes such transfer or the effective date of this ,act shall be deemed to refer1 as appropriate1 to the ,department of the ,treasury and the ,united ,states ,secret ,service1 to its officers1 employees1 or agents1 or to its corresponding organizational units or functions4 7e7 ,employment provisions 7#a7 ,regulations ,the ,secretary of the ,treasury may1 in regulations prescribed jointly with the ,director of the ,office of ,personnel ,management1 adopt the rules1 procedures1 terms1 and conditions established by statute1 rule1 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 ,act4 7#b7 ,effect of transfer on conditions of employment ,except as otherwise provided in this ,act1 or under authority granted by this ,act1 the transfer pursuant to this ,act of personnel shall not alter the terms and conditions of employment1 including compensation1 of any employee so transferred4 7f7 ,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 name4 #e4 ,incidental transfers ,the ,director of the ,office of ,management and ,budget1 in consultation with the ,secretary of the ,treasury1 is authorized and directed to make such additional incidental dispositions of personnel1 assets1 and liabilities held1 used1 arising from1 available1 or to be made available1 in connection with the functions transferred by this ,act1 as the ,director determines necessary to accomplish the purposes of this ,act4 #f4 ,references ,with respect to any function transferred by this ,act and exercised on or after the effective date of this ,act1 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 transferred4 #g4 ,report on expenditures for the purpose of providing protection during the course of travel 7a7 ,definitions ,in this section-- 7#a7 the term covered travel-- 7,a7 means any trip by a protected individual with a stop at a location that is not owned or controlled by the ,federal ,government2 and 7,b7 includes any trip described in subparagraph 7,a7 that is outside of the ,united ,states2 7#b7 the term immediate family does not include any child under the age of #bf2 7#c7 the term incidental expenditure-- 7,a7 means a travel expenditure incurred by ,united ,states ,secret ,service personnel and reimbursed by the ,united ,states ,secret ,service2 and 7,b7 does not include expenditures described in clauses 7i7 or 7ii7 of subsection 7b77#a77;,e72 7#d7 the term protected individual means the ,president1 the ,vice ,president1 and members of the immediate family of the ,president and ,vice ,president during the period for which a report is submitted under subsection 7b72 and 7#e7 the term travel expenditure-- 7,a7 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 travel2 7,b7 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 ,service2 and 7,c7 does not include any expenditure for-- 7i7 the pay of ,united ,states ,secret ,service personnel2 7ii7 the operation or maintenance of any permanent protective asset2 or 7iii7 incidental expenditures4 7b7 ,report ,not later than ,december #ca of each year1 the ,director of the ,united ,states ,secret ,service shall submit to the committees listed in section #i of the ,presidential ,protection ,assistance ,act of #aigf 7#ah ,u4,s4,c4 #cjef note71 an annual report that1 with respect to the previous fiscal year1 includes1 at a minimum-- 7#a7 for each instance of covered travel1 a statement of-- 7,a7 the protected individual or protected individuals1 if more than #a protected individual is traveling2 7,b7 the dates of departure and return2 7,c7 each city and ,state or1 if outside of the ,united ,states1 city and country1 visited2 7,d7 the total amount of travel expenditures2 7,e7 7i7 the total amount of expenditures for operational costs1 including the cost of using-- 7,i7 any asset to transport a protected individual2 or 7,,ii7 any space and facility for operational purposes2 and 7ii7 the total amount of expenditures for transportation1 lodging1 and per diem2 and 7,f7 the name of and amount paid to-- 7i7 if the total amount paid is greater than #e1jjj1 any individual who is not an employee of the ,federal ,government or a foreign government2 and 7ii7 if the total amount paid is greater than #e1jjj1 any entity that is not an entity of the ,federal ,government or a foreign government2 and 7#b7 for each protected individual1 the total amount of incidental expenditures incurred for the purpose of providing protection to the protected individual during the reporting period4 7c7 ,form of report ,the report required by subsection 7b7 shall be submitted in unclassified form1 but may include a nonpublic annex for information reported under subsection 7b77#a77;,f7 that the ,united ,states ,secret ,service determines could harm the protective mission if publicly disclosed and classified information4 ,the nonpublic annex and any draft of the annex shall be exempt from disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 #h4 ,technical and conforming amendments 7a7 ,homeland ,security ,act of #bjjb ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended-- 7#a7 in section #b7aa7 7#f ,u4,s4,c4 #aja7aa771 by striking except-- and all that follows through the ,coast ,guard1 when and inserting except the ,coast ,guard1 when2 7#b7 in section #ajc7;d7 7#f ,u4,s4,c4 #aac7;d77-- 7,a7 by striking paragraph 7#a72 and 7,b7 by redesignating paragraphs 7#b7 through 7#e7 as paragraphs 7#a7 through 7#d71 respectively2 7#c7 in section #baj;,g 7#f ,u4,s4,c4 #abdn7-- 7,a7 in subsection 7a7-- 7i7 by striking the ,secretary and the ,attorney ,general and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 and the ,attorney ,general2 and 7ii7 by striking the ,secretary or and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 or2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#b71 by striking ,the ,secretary and inserting ,the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 7ii7 in paragraph 7#c71 by striking ,the ,secretary and inserting ,the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 and 7iii7 in paragraph 7#d71 by striking ,the ,secretary and inserting ,the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 7,c7 in subsection 7c71 by striking the ,secretary and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 7,d7 in subsection 7d7-- 7i7 in paragraph 7#a71 by striking ,the ,secretary1 and inserting ,the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 and 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by striking ,the ,secretary and inserting ,the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 and 7,,ii7 in subparagraph 7,b71 by striking ,the ,secretary and inserting ,the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 7,e7 in subsection 7e7-- 7i7 in paragraph 7#c71 by inserting 1 the ,secretary of the ,treasury1 after the ,secretary of ,homeland ,security2 7ii7 in paragraph 7#d7-- 7,i7 in the matter preceding subparagraph 7,a71 by inserting 1 the ,department of the ,treasury1 after ,department of ,homeland ,security2 and 7,,ii7 in subparagraph 7,c7-- 7aa7 by striking and the ,department of ,justice and inserting 1 the ,department of the ,treasury1 and the ,department of ,justice1 or any combination of those agencies12 and 7bb7 by striking either agency and inserting any such agencies2 and 7iii7 in paragraph 7#e71 by inserting 1 the ,department of the ,treasury1 after ,department of ,homeland ,security2 7,f7 in subsection 7f71 in the first sentence-- 7i7 by striking ,the ,secretary and inserting ,the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 7ii7 by inserting 1 treasury1 after homeland security2 and 7iii7 by inserting 1 the ,department of the ,treasury1 after ,department of ,homeland ,security2 7,g7 in subsection 7g7-- 7i7 in paragraph 7#a71 by striking the ,secretary and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 7ii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,e71 by inserting 1 the ,department of the ,treasury1 after ,department of ,justice2 7,,ii7 in subparagraph 7,f71 by striking how the ,secretary1 and inserting how the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 and 7,,iii7 in subparagraph 7,g71 by striking how the ,secretary1 and inserting how the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 and 7iii7 in paragraph 7#e71 in the first sentence1 by striking the ,secretary and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 7,h7 in subsection 7h7-- 7i7 in paragraph 7#a71 by striking the ,secretary or and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 or2 7ii7 in paragraph 7#b71 by striking the ,secretary or and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 or2 7iii7 in paragraph 7#c71 by inserting or the ,secretary of the ,treasury after ,attorney ,general2 7iv7 in paragraph 7#d7-- 7,i7 by inserting or the ,secretary of the ,treasury after the ,secretary of ,homeland ,security2 and 7,,ii7 by striking 2 or and inserting a semicolon2 7v7 by redesignating paragraph 7#e7 as paragraph 7#f72 7vi7 by inserting after paragraph 7#d7 the following3 7#e7 vest in the ,secretary of the ,treasury any authority of the ,secretary of ,homeland ,security or the ,attorney ,general2 or 2 and 7vii7 in paragraph 7#f71 as so redesignated-- 7,i7 by striking the ,secretary or and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 or the2 and 7,,ii7 by striking the ,secretary and and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 and the2 7,i7 in subsection 7j71 by striking the ,secretary and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 7,j7 in subsection 7k7-- 7i7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a7-- 7aa7 by striking the ,secretary or and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 or2 and 7bb7 by striking subparagraph 7,c77i77,,ii7 and 7,c77iii77,i7 and inserting clauses 7iii7 and 7iv77,i7 of subparagraph 7,c72 and 7,,ii7 in subparagraph 7,c7-- 7aa7 in the matter preceding clause 7i71 by striking one and inserting #a2 7bb7 in clause 7i7-- 7,,aa7 in the matter preceding subclause 7,i71 by inserting of ,homeland ,security after ,secretary2 7,,bb7 in subclause 7,i71 by inserting or at the end2 7,,cc7 by striking subclause 7,,ii72 and 7,,dd7 by redesignating subclause 7,,iii7 as subclause 7,,ii72 7cc7 by redesignating clauses 7iii7 and 7iv7 as clauses 7iv7 and 7v71 respectively2 7dd7 by inserting after clause 7ii7 the following3 7iii7 missions authorized to be performed by the ,department of the ,treasury1 consistent with governing statutes1 regulations1 and orders issued by the ,secretary of the ,treasury pertaining to ,united ,states ,secret ,service protection operations pursuant to sections #cjef7;a7 and #cjef;,a7a7 of title #ah1 ,united ,states ,code1 and the ,presidential ,protection ,assistance ,act of #aigf 7#ah ,u4,s4,c4 #cjef note72 2 7ee7 in clause 7iv71 as so redesignated1 in the matter preceding subclause 7,i7-- 7,,aa7 by inserting 1 the ,department of the ,treasury1 after ,department of ,homeland ,security2 and 7,,bb7 by striking the ,secretary or and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 or2 and 7ff7 in clause 7v71 as so redesignated-- 7,,aa7 by striking clause 7iii7 and inserting clause 7iv72 and 7,,bb7 by striking ,secretary1 and inserting ,secretary of ,homeland ,security12 7ii7 in paragraph 7#e7-- 7,i7 by inserting 1 treasury1 after homeland security2 7,,ii7 by striking the ,secretary and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 and 7,,iii7 by inserting 1 respectively1 after ,attorney ,general2 7iii7 in paragraph 7#f71 by inserting 1 the ,department of the ,treasury1 after ,department of ,homeland ,security2 and 7iv7 in paragraph 7#h71 in the matter preceding subparagraph 7,a71 by striking the ,secretary and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury12 and 7,k7 in subsection 7l77#a71 in the matter preceding subparagraph 7,a7-- 7i7 by striking ,secretary shall and inserting ,secretary of ,homeland ,security shall2 and 7ii7 by inserting 1 the ,secretary of the ,treasury1 after ,attorney ,general2 and 7#d7 in section #hge7;d77#a7 7#f ,u4,s4,c4 #dee7;d77#a771 in the first sentence1 by striking the ,secret ,service or4 7b7 ,title #ah ,chapter #bjc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #cjef1 in subsections 7a71 7b71 7c71 7e77#a71 7f71 and 7g71 by striking of ,homeland ,security each place that term appears and inserting of the ,treasury2 and 7#b7 in section #cjef;,a-- 7,a7 in subsection 7a71 in the matter preceding paragraph 7#a71 in the second sentence1 by striking of ,homeland ,security and inserting of the ,treasury2 and 7,b7 in subsection 7d71 in the first and second sentences1 by striking of ,homeland ,security and inserting of the ,treasury4 7c7 ,title #e ,title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #fcbd7;b77#c71 by striking of ,homeland ,security and inserting of the ,treasury2 and 7#b7 in section #ajbja7b71 by striking the ,department of ,homeland ,security and inserting the ,treasury4 7d7 ,inspector ,general ,act of #aigh ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #h;,d7b77#a7-- 7,a7 in the first sentence1 by inserting and by the ,office of ,professional ,responsibility of the ,united ,states ,secret ,service after ,trade ,bureau2 and 7,b7 in the second sentence1 by striking ,the head of such and inserting ,the head of each such2 and 7#b7 in section #h;,i7e71 in the first sentence1 by striking the ,office of ,inspections of the ,united ,states ,secret ,service14 7e7 ,department of ,homeland ,security ,appropriations ,act1 #bjjg ,section #ecb of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7#f ,u4,s4,c4 #chb7 is amended-- 7#a7 in subsection 7d71 in the first sentence1 by striking of ,homeland ,security and inserting of the ,treasury2 and 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking of ,homeland ,security and inserting of the ,treasury2 and 7,b7 in paragraph 7#b71 by striking of ,homeland ,security and inserting of the ,treasury4 7f7 ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg ,section #ejb of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7,public ,law #aaj-ec2 #aba ,stat4 #caj7 is amended by striking subsection 7b7 and redesignating subsection 7c7 as subsection 7b74 #i4 ,effective date 7a7 ,in general ,except as provided in subsection 7b71 this ,act and the amendments made by this ,act shall take effect on the date that is #cj days after the date of enactment of this ,act4 7b7 ,transition period ,any action authorized to be taken under subsection 7a7 or 7b7 of section #c may be taken beginning on the date of enactment of this ,act4 #aj4 ,rule of construction ,except as provided in section #h1 nothing in this ,act or the amendments made by this ,act shall be construed to modify or amend section #cjef or #cjef;,a of title #ah1 ,united ,states ,code1 or the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq474 #aa4 ,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 ,act4