January 3, 2025
Mr. Biggs of Arizona (for himself and Mr. Crane) introduced the following bill; which was referred to the Committee on the Judiciary
To transfer certain responsibilities of the United States Secret Service to the Federal Bureau of Investigation.
Section 1. Short title
This Act may be cited as the Secret Service Prioritization Act of 2025
.
Sec. 2. Functions transferred
(a) In general
In accordance with this Act, there shall be transferred to the Director of the Federal Bureau of Investigation the assets, functions, and obligations of the United States Secret Service to detect and arrest any person who violates—
(1)
section 508, 509, or 510 of title 18, United States Code, or, with respect to the Federal Deposit Insurance Corporation, Federal land banks, and Federal land bank associations, section 213, 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907, or 1909 of such title;
(2)
any of the laws of the United States relating to coins, obligations, and securities of the United States and of foreign governments; or
(3)
any of the laws of the United States relating to electronic fund transfer frauds, access device frauds, false identification documents or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution, except that the authority conferred by this paragraph shall be exercised subject to the agreement of the Attorney General and the Director of the Federal Bureau of Investigation and shall not affect the authority of any other Federal law enforcement agency with respect to those laws.
(b) Conforming amendment
Subsection (b) of section 3056 of title 18, United States Code, is amended to read as follows:
(b)
Under the direction of the Secretary of Homeland Security, the Secret Service is authorized to detect and arrest any person who violates section 871 and 879 of this title.
Sec. 3. Transitional authorities
(a) Provision of assistance by officials
Until functions and obligations of the United States Secret Service are transferred to the Federal Bureau of Investigation under section 2, any official who, immediately before the effective date of this Act, has authority over or is responsible for functions relating to the United States Secret Service shall provide to the Director of the Federal Bureau of Investigation such assistance, including the use of personnel and assets, as the Director of the Federal Bureau of Investigation may request in preparing for the transfer and integration of the functions and obligations of the United States Secret Service transferred under section 2 into the Federal Bureau of Investigation.
(b) Services and personnel
During the period beginning on the date of enactment of this Act and ending on the effective date of this Act, upon the request of the Director of the Federal Bureau of Investigation, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to assist with the transition.
(c) Transfer of obligations and functions
Upon the transfer of the functions and obligations of the United States Secret Service under section 2 to the Federal Bureau of Investigation—
(1)
the assets held by or available in connection with the United States Secret Service shall be transferred to the Director of the Federal Bureau of Investigation for appropriate allocation, subject to the approval of the Director of the Office of Management and Budget and in accordance with section 1531(a)(2) of title 31, United States Code; and
(2)
the Director of the Federal Bureau of Investigation shall have all functions and obligations 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 transfer, including all such functions vested in the Secretary of Homeland Security by the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) or any other law.
Sec. 4. Savings provisions
(a) Completed administrative actions
(1) 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 United States Secret Service functions and obligations to the Federal Bureau of Investigation under section 2, but shall continue in effect according to the terms of the completed administrative action until the completed administrative action is amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an office of the United States or a court of competent jurisdiction, or by operation of law.
(2) Completed administrative action defined
In this subsection, the term completed administrative action
includes an order, a determination, a rule, a regulation, a personnel action, a permit, an agreement, a grant, a contract, a certificate, a license, a registration, and a privilege.
(3) Pending proceedings
(A) In general
Any pending proceeding in the United States Secret Service relating to functions or obligations transferred under this Act, including a notice of proposed rulemaking and an application for a license, permit, certificate, grant, or financial assistance, shall continue notwithstanding the enactment of this Act or the transfer of United States Secret Service functions and obligations to the Federal Bureau of Investigation under section 2, 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 occurred.
(B) Orders
Any orders issued in a proceeding described in subparagraph (A), or an appeal therefrom and any payment made pursuant to such an order, shall issue in the same manner and on the same terms if this Act had not been enacted or the United States Secret Service functions and obligations transferred under section 2 of this Act had not been transferred, and the order shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an office of the United States or a court of competent jurisdiction, or by operation of law.
(4) Pending civil actions
Any pending civil actions shall continue notwithstanding the enactment of this Act or the transfer of United States Secret Service functions and obligations to the Federal Bureau of Investigation under section 2, and in the pending civil action, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred.
(5) References
Any reference relating to United States Secret Service functions and obligations transferred to the Federal Bureau of Investigation under section 2, in a statute, an Executive order, a rule, a regulation, a directive, or a delegation of authority that proceeds such transfer or the effective date of this Act shall be deemed to refer, as appropriate, to the Federal Bureau of Investigation and the United States Secret Service, to its officers, employees, or agents, or to its corresponding organizational units or functions.
(b) Employment provisions
(1) Regulations
The Director of the Federal Bureau of Investigation may, in regulations prescribed jointly with the Director of the Office of Personnel Management, adopt the rule, procedures, terms, and conditions established by statute, rule, or regulation before the effective date of this Act relating to employment in the United States Secret Service to perform functions and obligations transferred in section 2 to the Federal Bureau of Investigation.
(2) Direct hire authority
The Director of the Federal Bureau of Investigation may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter) of title 5, United States Code, qualified candidates to any positions in the competitive service to fulfill the functions and obligations transferred under section 2.
(3) Statutory reporting requirements
Any statutory reporting requirement that applied to the United States Secret Service with respect to any functions and obligations transferred to the Federal Bureau of Investigation under section 2 shall continue to apply following that transfer if the statutory requirement includes an explicit reference to the United States Secret Service and the functions and obligations transferred under section 2.
Sec. 5. Incidental transfers
The Director of the Office of Management and Budget, in consultation with the Director of the Federal Bureau of Investigation, is authorized and directed to make such additional incidental disposition of personnel, assets, and liabilities held, used, arising from, available, or to be made available, in connection with the functions transferred by this Act, as the Director determines necessary to accomplish the purposes of this Act.
Sec. 6. References
With respect to any function transferred by this Act and exercised on or after the effective date of this Act, any reference in any other Federal law to United States Secret Service with respect to functions and obligations transferred under section 2 shall be deemed to refer to the Director of the Federal Bureau of Investigation or the official or component of the Federal Bureau of Investigation to which such function or obligation is so transferred.
Sec. 7. Effective date
(a) In general
Except as otherwise provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of enactment of this Act.
(b) Transition period
Any action authorized to be taken under subsection (a) or (b) of section 3 may be taken beginning on the date of enactment of this Act.