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Protection - Presidential Candidates (1)
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Philip W. Buchen Files
Philip Buchen's General Subject Files
subjects
Department of Homeland Security. U.S. Secret Service. (2003 - )
First ladies
Vice-Presidents
Presidential campaign, 1976
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The original documents are located in Box 57, folder "Protection - Presidential
Candidates (1)" of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 57 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
Tuesday 12/31/74
11:20 Dave Macdonald called to talk about two things:
1. Having volunteered to solicit for the Michigan
Law School Fund, he came up with your name.
If you're going to give, it might be a good idea
to do it before the end of this year for income tax
purposes.
2. Some time ago, he sent proposed guidelines for the protection
of major candidates for the Presidency in 1976 for the
staff to look over. Wondered if you had any comments
from a legal standpoint.
BERALD R. FORD
END
December 3, 1968
FOR:
Philip W. Buchen
FROM:
Jay French
SUBJECT:
Secret Service Protection for Presidential Candidates
Several weekends ago, Congressman Merris Udall (D - Aris.) formally
announced his candidacy for the Democratic Presidential nomination.
Although it is premature to do so at this time, I thought I would acquaint
you with Public Law 90-331 which authorises the Secretary of the Treasury
to provide Secret Service protection to major Presidential and Vice
Presidential Candidates. This law was the result of a Joint Resolution
of the Congress which was passed and signed into law on June 6, 1968, as
a result of the death of Robert Kennedy. A copy is attached for your
information. It is important to note that the law does not define either
who n major candidate is or when protection should commence.
The pertinent language of the law authorises protection for major candidates
as determined by the Secretary of the Treasury after consultation with the
Advisory Committee. The Committee is composed of the Speaker and
Minority Lender of the House, the Majority and Minority Leaders of the
Senate, and one additional member elected by the others. Hearings were
not held on this resolution because of the press of time, and debate on
the floor of both houses was very brief.
In the House, Congressman Gerald R. Ford recognized the difficulty of
pinpointing and spelling out when a person becomes a "major" candidate.
He said that the Advisory Committee was set up for this reason to consult with
the Secretary of the Treasury. Vol. 114, Congressional Record, page 16270
(June 6, 1968, daily edition). During debate is the Senate, Senator Javite
said that he believed a "sectional" candidate could be a major candidate.
Senstor Monroney indicated that be was in accord with Senator Javits'
position and he further indicated that a major candidate might be one who
-
TOME
GERALD
2
has some degree of inter-state prominence as shown by opinion polls.
Vol. 114 Congressional Record, page 16169 (June 6, 1968, daily edition).
With regard to the commencement of protection, Senator Javite said that
the law was meant to protest candidates before the party convention as
well as after. Historically, protection was started in Jume of the 1968
campaign, a few days before passage of Public Law 90-331: and in the
1972 campaign, protection for approximately six to eight candidates was
started in March.
A third problem, raised by you, is how extensive should protection be
for each candidate?
I recommend no particular action on our part at this time since the
statutory responsibility belongs tottheSecretary and historically pro-
tection does not begin until the election year.
Attachment
LIBRARY GERALD P. FORD
Tuesday 1/14/75
is
11:45 This/the memo fromDavid Macdonald
you said Jay was supposed to remind me to give you.
Also attached is Jay's December 3 memo re protection
for Presidential candidates.
FORDO & LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
AdvisoryCommittee
approval of Treas,
policy
FORD j LIBRARY 938839
Wednesday 1/15/75
7:20
Jay said to let you know he's ready to discuss the
David Macdonald memorandum whenever you're
free to do so.
Denald Me 1)16/75
FORD i DERALD LIBRARY
Noted by W.E.S.
Date:
AUG 27 1974
MEMORANDUM FOR: SECRETARY SIMON
David R. Macdonald
From:
Assistant Secretary (Enforcement,
Operations, and Tariff Affairs)
Subject: Advisory Committee Guidelines for Assignment of
Secret Service Protection to Presidential Candidates
Pursuant to P.L. 90-331
As you know, P.L. 90-331 places upon the Secretary of
the Treasury the responsibility for determining those persons
who are entitled to protection as major Presidential and Vice
Presidential candidates. One of the FY '75 Presidential level
MBO's is the drafting of guidelines under P.L. 90-331 to
define those "Major Candidates" which are entitled to Secret
Service protection in the 1976 election year. The Secretary
of the Treasury consults, in making his determination, with
an Advisory Committee consisting of the Majority and Minority
Leaders of the Senate, and the Speaker and Minority Leader of
the House, together with an additional member selected by
those four persons.
Attached to this memo are the suggested Advisory Com-
mittee guidelines for identifying "Major Candidates."
SUMMARY OF GUIDELINES
The guidelines require all candidates to be declared
candidates actively campaigning on a national scale. Con-
sonant with the legislative history, the guidelines utilize
national public opinion polls to determine who is a "Major
Candidate." Briefly, with respect to the Republican and
Democratic Parties, any candidate for the nomination who
LIBRARY
receives a ten percent party preference would receive pro-
tection up to the time of the nomination. After the nomi-
nation, of course, the Presidential and Vice Presidential
candidates of the two major parties each receive protection.
Protection will also be accorded to third party candidates
who are favored with a ten percent preference in a national
Ves, Sec
Initiator
Reviewer
Reviewer
Reviewer
Reviewer
D
Surname
MACDONALD
WEBBER
SCHMULTS
BENNETT
GARDNER
ALBRECHT
Initials
DRM
JH 8/28
byJA 8/28
Form 0S-3129
8/29
165/9/3
RAH 2348/29 8/29
Department of Treasury
- 2 -
poll which includes the leading candidate of the Republican
and Democratic Parties. Protection commences on March 1,
1976, and once granted as to any candidate, will not be
withdrawn no matter how that candidate subsequently fares
in the public opinion polls. The guidelines are stated to
be non-inclusive; that is, the Secretary can always make
exceptions for unforeseen situations.
Attachment
DRM:mln
8/22/74
SUGGESTED ADVISORY COMMITTEE GUIDELINES FOR
ASSIGNMENT OF SECRET SERVICE PROTECTION TO
PRESIDENTIAL CANDIDATES PURSUANT TO P.L. 90-331
I.
Introduction
P.L. 90-331 - places upon the Secretary of the Treasury
(the "Secretary") responsibility for determining from time
to time, after consultation with an Advisory Committee (the
"Committee"), those persons who qualify as a major Presidential
and Vice Presidential Candidate ("Major Candidate") and thus
should be furnished with Secret Service protection, unless
declined. The Committee consists of the Majority Leader of
the Senate, the Minority Leader of the Senate, the Speaker
of the House of Representatives, the Minority Leader of the
House of Representatives and one additional member to be
selected by the members of such Committee. These guidelines
will assist the Committee and the Secretary in determining
who are the "major presidential or vice presidential candidates
who should receive.
protection
"
II.
Guidelines Relating to Persons Who Are Major Candidates
A. Candidates of the Democratic and Republican Parties
1. The nominees for President and Vice President
of the Democratic and Republican National Conventions
shall be deemed to be Major Candidates.
BERALD FORD LIBRARY
- 2 -
2. Prior to the National Conventions of the
candidate's party, a candidate seeking the nomination
of the Democratic or Republican Party for President
or Vice President shall be deemed to be a Major
Candidate when:
(a) the candidate has publicly announced
his or her candidacy;
(b) the candidate receives at least a 10%
party preference rating in any national Gallup
or Harris public opinion poll (or other national
poll designated by the Secretary, after consulta-
tion with the Committee) completed at any time
after thirty days prior to the Date of Commence-
ment of Protection, as defined in Part III, which
poll includes preference ratings with respect to
substantially all candidates of the same political
party for the office for which the person's
candidacy has been announced; and
(c) the candidate is seriously interested in,
and actively campaigning on a national basis for,
the office for which his or her candidacy has been
announced.
B. Candidates of Other Parties
1. A candidate for President or Vice President of
a party other than the Democratic or Republican Party
GERALD
- 3 -
shall be deemed to be a Major Candidate when:
(a) the candidate has publicly announced
his or her candidacy;
(b) the candidate receives at least a 10%
preference rating in any national Gallup or
Harris public opinion poll (or other national
poll designated by the Secretary, after consulta-
tion with the Committee) completed at any time
after thirty days prior to the Date of Commence-
ment of Protection, as defined in Part III, which
poll includes preference ratings for the candidate
and for the leading candidate of the Republican
and Democratic Parties for the office for which
the person's candidacy has been announced; and
(c) the candidate is seriously interested in,
and is actively compaigning on a national basis
for, the office for which the person's candidacy
has been announced.
III.
Commencement and Duration of Protection of Major Candidates
A. Commencement of Protection. No protection shall be
furnished pursuant to P.L. 90-331 earlier than thirty days prior
to the date of the first state primary election or March 1 of
the Presidential election year, whichever is earlier. After such
R.
FORD
GERALD
LIBRARY
- 4 -
date, protection shall be commenced forthwith upon a determina-
tion by the Secretary that a person is a Major Candidate.
B. Duration of Protection. When a determination by
the Secretary is made that protection is to be furnished a
Major Candidate, protection shall not be withdrawn so long
as the candidate remains seriously interested in, and is
actively campaigning on a national basis for, the office for
which the person's candidacy has been announced, unless the
candidate specifically declines protection or unless the
Secretary, after consultation with the Committee, specifically
so determines.
IV.
General
Nothing contained in these guidelines shall preclude
a determination by the Secretary, after consultation with the
Committee, that a person is a Major Candidate although the
guidelines set forth herein are not satisfied.
GERALD R. FORD
THE WHITE HOUSE
WASHINGTON
January 29, 1975
MEMORANDUM FOR:
JERRY JONES
FROM:
PHILIP W. BUCHEN T.W.B.
I have reviewed the attached materials concerning protection for major
candidates. These guidelines are necessary and I urge their approval.
Enclosure
AMERGIT GERALD B. FORD
THE WHITE HOUSE
WASHINGTON
January 28, 1975
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
JERRY JONES
SUBJECT:
Simon Memo pe Secret Service
Protection of Presidential
Candidates (Attached)
Don Rumsfeld would like your reactions to the attached
memo as soon as possible, Please send your comments
to the Office of the Staff Secretary.
Thank you very much.
road
GERALD
LIBRARY
THE SECRETARY OF THE TREASURY
WASHINGTON 20220
DEC 241974
Dear Don:
The Secretary of the Treasury has the responsi-
bility for determining those persons who are entitled
to Secret Service protection during the 1976 campaign
as "major" Presidential and Vice Presidential candidates.
Under P.L. 90-331, this determination is made after
consulting with an Advisory Committee, consisting of
the Majority and Minority Leaders of the Senate, the
Speaker and Minority Leader of the House, and a fifth
member selected by those four persons.
The Treasury Department, with the help of the
Secret Service, has developed guidelines for the use
of the Secretary and the Advisory Committee for
identifying major candidates. These guidelines are,
to some extent, based upon the legislative history of
the Act. Consonant with the legislative history, the
guidelines utilize national public opinion polls to
determine who is a "major candidate." Briefly, prior
to the nominating conventions, any candidate for the
Republican or Democratic nomination who receives a
10 percent party preference would receive protection
up to the time of the nomination. After the nomination,
of course, the Presidential and Vice Presidential
candidates of the two major parties each receive
protection. Protection will also be accorded to
third party candidates who are favored with a 10
percent preference in a national poll which includes
the leading candidate of the Republican and Democratic
Parties. Protection commences thirty days prior to
the first primary election (approximately February 8,
1976), and once granted as to any candidate, will not
be withdrawn no matter how that candidate subsequently
fares in public opinion polls. The guidelines are
FORD
GERALD
- 2 -
stated to be non-inclusive; that is, the Secretary
(upon the recommendation of the Advisory Committee)
can always make exceptions for unforeseen situations.
Before we propose these guidelines to the Advisory
Committee after the 94th Congress organizes itself in
early 1975, we would appreciate any comments that you
or the President might have regarding them. A copy
of the proposed guidelines is therefore enclosed,
together with the Report of the Senate Appropriations
Committee and the floor debate relating to the defini-
tion of the term "major candidate. 11- Also enclosed is
a chart indicating which of the Democratic candidates
in 1972 would have been protected (by receiving a
10 percent preference rating) under the guidelines
as proposed and when protection would have commenced
as to each. On the Republican side, only former
President Nixon would have been protected under the
guidelines in 1972.
In case you have any questions concerning the
guidelines, or desire any additional material,
Assistant Secretary David Macdonald should be able
to help.
Sincerely,
Bill
William E. Simon
The Honorable
Donald Rumsfeld
Assistant to the President
The White House
Washington, D. C. 20500
Enclosures
GERALD FORD LIBRANT
DRM:mln
8/22/74
SUGGESTED ADVISORY COMMITTEE GUIDELINES FOR
ASSIGNMENT OF SECRET SERVICE PROTECTION TO
PRESIDENTIAL CANDIDATES PURSUANT TO P.L. 90-331
I.
Introduction
P.L. 90-331 places upon the Secretary of the Treasury
(the "Secretary") responsibility for determining from time
to time, after consultation with an Advisory Committee (the
"Committee"), those persons who qualify as a major Presidential
and Vice Presidential Candidate ("Major Candidate") and thus
should be furnished with Secret Service protection, unless
declined. The Committee consists of the Majority Leader of
the Senate, the Minority Leader of the Senate, the Speaker
of the House of Representatives, the Minority Leader of the
House of Representatives and one additional member to be
selected by the members of such Committee. These guidelines
will assist the Committee and the Secretary in determining
who are the "major presidential or vice presidential candidates
who should receive.
protection.
"
II.
Guidelines Relating to Persons Who Are Major Candidates
A. Candidates of the Democratic and Republican Parties
1. The nominees for President and Vice President
of the Democratic and Republican National Conventions
shall be deemed to be Major Candidates.
BERALD LIBRA 08
- 2 -
2. Prior to the National Conventions of the
candidate's party, a candidate seeking the nomination
of the Democratic or Republican Party for President
or Vice President shall be deemed to be a Major
Candidate when:
(a) the candidate has publicly announced
his or her candidacy;
(b) the candidate receives at least a 10%
party preference rating in any national Gallup
or Harris public opinion poll (or other national
poll designated by the Secretary, after consulta-
tion with the Committee) completed at any time
after that date which is thirty days prior to
the Date of Commencement of Protection, as
defined in Part III, which poll includes
preference ratings with respect to substantially
all candidates of the same political party for
the office for which the person's candidacy has
been announced; and
(c) the candidate is seriously interested in,
and actively campaigning on a national basis for,
the office for which his or her candidacy has been
announced.
B. Candidates of Other Parties
FORD is FENALD LIBRAR
1. A candidate for President or Vice President of
a party other than the Democratic or Republican Party
- 3 -
shall be deemed to be a Major Candidate when:
(a) the candidate has publicly announced
his or her candidacy;
(b) the candidate receives at least a 10%
preference rating in any national Gallup or
Harris public opinion poll (or other national
poll designated by the Secretary, after consulta-
tion with the Committee) completed at any time
after that date which is thirty days prior to
the Date of Commencement of Protection, as
defined in Part III, which poll includes
preference ratings for the candidate and for
the leading candidate of the Republican and
Democratic Parties for the office for which
the person's candidacy has been announced; and
(c) the candidate is seriously interested in,
and is actively campaigning on a national basis
for, the office for which the person's candidacy
has been announced.
III.
Commencement and Duration of Protection of Major Candidate:
A. Commencement of Protection. No protection shall be
furnished pursuant to P.L. 90-331 earlier than thirty days prior
to the date of the first state primary election or March 1 of
the Presidential election year, whichever is earlier. After such
UERALD FORD LIBRAST
- 4 -
date, protection shall be commenced forthwith upon a determina-
tion by the Secretary that a person is a Major Candidate.
B. Duration of Protection. When a determination by
the Secretary is made that protection is to be furnished a
Major Candidate, protection shall not be withdrawn so long
as the candidate remains seriously interested in, and is
actively campaigning on a national basis for, the office for
which the person's candidacy has been announced, unless the
candidate specifically declines protection or unless the
Secretary, after consultation with the Committee, specifically
so determines.
IV.
General
Nothing contained in these guidelines shall preclude
a determination by the Secretary, after consultation with the
Committee, that a person is a Major Candidate although the
guidelines set forth herein are not satisfied.
FORD & LIBRAR STV8
the light of the tragle
vance routing which the Secret Service
I notice the Senator used the word
events of the week, we should realize
always works out. So I thoroughly agree.
"commission." That is what we have in
that this is of greatest and utmost ur-
Now, we had two problems in commit
mind, although the legislation at page 6
gency, because it threatens the very key-
tee. I believe we have déalt with them
on line 19 uses the term "advisory com-
stone of our governmental structure, and
both decently, and I would not dream
mittee."
that is the proper selection, by dezio-
of interrupting the Senator
I am satisfied, considering the sensitiv-
cratic means--and that means exposure
Mr. MONRONEY. I am happy to yield,
ity and solemnity of what is being done,
to all the citizens of the United States. if
because I desire to clear up this matter.
and with this legislative history, that it
possible-of the person of the candulate.
I believe it is an important point in the
will be administered as the Senator and
These tragic events have shown that this
discussion. I believe we have achieved
I and the committee have in mind.
is a hazardous undertaking today and
an end and guarantee the methods
Mr. MONRONEY. I am sure the Sen-
we must not ignore our responsibilities
sought to achieve that end by the distin-
ator is correct. I am sure the language
for the men who offer themselves for
guished Senator from New York.
on page 6, line 15 to line 19 where it
these major positions.
Mr. JAVITS. Two points arose that
provides, "the protection of persons who
The committee recommends that the
have troubled us, Mr. President. The first
are determined by the Secretary of the
Secret Service be specifically authorized.
point was already incorporated in the
Treasury from time to time as being
in addition to its other duties now pro-
provision which Senator MONRONEY had
major presidential or vice presidential
vided by law, to protect major presiden-
presented, and that was the question of
candidates who should receive such pro-
tial or vice-presidential candidates. No
who is a major candidate and is he a
tection-unless the candidate has de-
words can express our shock at the tragic
candidate before he is a nominee-thàt
clined such protection consulta
death of our colleague, Senator ROBERT
is, designated by a convention.
tion with an advisory committee" will
F. KENNEDY. This senseless act of vio-
The understanding of the legislative
be applicable after consultation with an
lence makes it clear to the committee-
history should be clear that by the use
advisory committee, and this shows the
and to every American-that it is in the
of the words "major presidential candi-
intent of the law that they are to have
public interest to protection to
date" we mean one who has not yet been
a great part in designating the persons
major candidates who are daily exposed
nominated by his party convention, and
who will have protection.
to the hazards and risks of national po-
we mean one who the decider-in this
Certainly, I feel they WIT lean on the
litical campaigns.
particular instance, as carried in the pro-
side of security. Certainly, in the case
May I say. as I read the newspapers
vision-in consultation-and the consul-
which the Senator mentioned. the former
carefully with respect to this tragedy,
tation is extremely important-with the
Governor of Alabama Would be entitled
that it might not have been prevented,
leadership in the House and Senate, will
to such protection. The other area was by
but there would have been a great chance
have decided that so-and-so is a-major
polls, or publicity, or by general judge
that this security would be enormously
presidential candidate He might even be
ment of people who have lived in the
increased had the provisions of the bill
a sectional candidate.
field of presidential elections for a
we are now considering provided Senatór
We spoke of former Governor Wallace
time.
KENNFDY with the services not only of
in that regard. He, too. could be within
I believe we have done about as well
the Secret Service but also, as the bill
that definition of a major presidential
as we could do. Time is neeting. We felt
provides, the helping hand to the Secret
candidate.
this matter had to Deunderway,and-to
Service of the narcotics agents, the FBI,
Mr. MONRONEY. The Senator is cor-
morrow is too late. Last week would have
the immigration inspectors, and other
rect. And there may be other major can-
been most helpful but we did have time
law-enforcement branches.
didates before we move forward.with the
to work out, after we had executive
As I read the accounts, the tragedy
final election, if they have some degree of
hearings, the settlement of committee
occurred in the exit going through the
interstate prominence as shown is opin-
jurisdiction which the distinguished
haliway to the kitchen. I know the
ion polls or in some other way- I would
ator, who is a member of the Committee
Secret Service and the FBI well enough
feel certain they could have this
on the Judiciary, knows is-a tremendous
that if that was the planned exit for the
protection.
hurdle. After time in consultation we
Senator, there would have been sur-
I do not think we dare reach. down to
cleared this matter with the:chairmen of
veillance of that particular point. In
people who run for publicity only, as in
the Committee on the Judiciary of both
many instances, with mob scenes, there
the cases of some of those who have ap-
Houses and their members.
is no way in which that safety can be
peared before various committees de-
We cleared the matter in many other
assured. but danger can be materially
manding equal time on network pro-
ways and we carefully considered the
lessened by the presence on duty of these
grams because major candidates were so
testimony.
men and, if necessary, the presence on
provided.
I hope it will be understood that we
duty of military detachments: because
This is not an unworkable problem nor
did have executive sessions because the
this lessens to a great degree-it will not
is it an unsolvable problem. We have pro-
publicity on lack of protection for these
prevent. but will lessen-the exposure to
tected the selection by guaranteeing that
men who are not guarded by the Secret
abnormal dangers that this week has
there will be a nonpartisan commission
Service caused in itself a tragedy. We
shown that the men who campaign for
of the highest level that could inake the
have been working quietly and both the
high office may be subject to.
final decision after the recommendation
minority and the majority side cooper-
Mr. President, I am happy to yield to
of the Secretary of the Treasury: who is
ated in presenting this bill today.
the distinguished Senator from New
the titular head of the Secret Service.
We have stricken out some things we
York.
(At this point, Mr. McGovern assumed
would have liked to have in the measure.
the chair.)
Mr. JAVITS. First, Mr. President, let
because the House of Representatives
me say that I join with the distin-
Mr. JAVITS. Mr. President, will the
might have held it up and made it neces-
guished Senator from Oklahoma [Mr.
Senator yield further?
sary to go to conference. We recognize
MONRONE in his views. as he has ex-
Mr. MONRONEY. I yield.
the emergency and we feel, in striking the
pressed them. as he expressed them in
Mr. JAVITS. It is very important that
amendment which the committee added,
the committee. I believe this is a most
this matter be made clear, because the
we will have acceptance by the House.
salutary provision, and It is just heart-
language which is contained at page 6,
thereby making It unnecessary to go
breaking that we should not have
line 15, and thereafter indicates rather
through another period of delay.
thought of it sooner. I thoroughly agree
general language which would seem to
I would like to see this bill passed by
with the Senator because I. too, have
give the complete determination of the
the Senate today. agreed to by the House,
some experience with these security pro-
question to the Secretary of the Treas-
and signed by the President this evening.
ury. However. I am satisfied. having
I know the President wants to get that
cedures. having been attorney general
locked the matter in with the legislative
done, too.
of my own State.
history which the Senator from Okla-
Mr. JAVITS. There was one other con-
I thoroughly agree with the Senator
homa and I are now making, and con-
sideration in our minds which has not
that it is inconceivable that Senator
sidering the sensitivity and seriousness of
been fully expressed. When candidate
KENNEDY would even have been led
the matter. that it will be administered
is a Governor, generally, he has the pro-
through such a passage, with the ad-
in that way.
tection of his State police organization.
CXTV--1019-Part 12
CNGRESSONAL SENATE
June 0, 1968
When he is not a Governor he does not
3. I suggested-and 'he committee
ed this under a career civil service officer,
have even that but depends on his private
adopted-language relating to assistance
to manage the protection of Presidents.
resour and his own organization.
by other agencies to the Secret Service
Vice Presidents, and other persons en-
So many of us thought that Senator
which provides that the Director of the
titled to protection and the candidates
ROBERT KENNEDY. who suffered so tragi-
Secret Service should have the power to
for President and Vice President, so that
cally, allowed himself to be exposed too
obtain this assistance. "unless such au-
no one could charge that one political
much, but this is now tragic history and
thority be revoked by the President of
faith or another was receiving better pro-
we are trying to prevent for the future
the United States." It seems to me alto-
tection.
what the tragic history of the past has
gether proper that the President should
The Senator now comes in with an
taught us.
possess residual power to modify or re-
amendment that gives us. shall we say,
However, the candidate who is not a
voke authority granted to the Director of
the best of both worlds. We have civil
Governor will have a form of saferuard
the Secret Service. If there is good and
service protection and we have opera-
which is not only in his interest but also
sufficient cause to do so.
tion on a day-by-day scheduling. and
in the national interest.
However, I did not, and I do not intend
the men needed. at times, when needed.
I wish to ask the Senator if he would
the language to have the effect of involv-
But we provide against any excess abuse
not agree with me, and it should be a
ing the President of the United States in
of power or. in that matter. an excessive
part of the legislative history. that we
the daily operating decisions of the Se-
negligence of security. by permitting the
do not loo!: with favor on the "daring do"
cret Service in carrying out this particu-
Chief Officer of the United States to re-
of declining this protection. and we also
lar authority. I realize that the assistance
claim or restrain or advise when the
fervently hope that every candidate will
of other Federal departments and agen-
overall picture is unsatisfactory.
accept it as being in the national inter-
cies should be on a continuous basis. I
It would be unthinkable for us to put
est If he aspires to be President of the
know that emergency sítuations-such
the President in the position of chief of
United States.
as the terrible tragedy we have just
the FBI or chief of the Secret Service.
Mr. MONRONEY. I could not agree
had-require prompt action at the oper-
I think we get the best of both worlds
more. I would say, indeed so. The Sena-
ating level. Under any circumstances.
in this. I think it would be most effec-
to: is absolutely right.
the Director of the Secret Service should
tive. I am grateful to the Senator from
In my judgment, having participated
not feel obligated to obtain advance
New York and the Senator from Colorado
in many presidential campaigns by pres-
clearance from the President before re-
for their great contribution in this mat-
idential candidates, those who would not
questing assistance. He should protect
ter.
accept ction, or vice-presidential
those persons for whom the Secret Serv-
Mr. JAVITS. Let me say in that regard
candidates who would not accept pro-
ice has protective responsibility with the
that when I broached the idea to the
tection would be questioned on their
full cooperation of other agencies of the
Senator from Colorado tMr. ALLOTT], he
udgment to occupy the highest office in
Government
immediately saw the point and Worked
the world.
The purpose of my language which is
out the language which is here con-
For that reason, I think it would be a
incorporated in the bill-with full co-
tained. He found the same receptivity
matter that would be accepted by his
operation and the desire of the Senator
from the Senator from New Hampshire
party; and if he were an independent,
from Oklahoma, because there is no ad-
[Mr. COTTON], my colleague on the com-
by thore men who advise him, and per-
versary attitude here at all-is to provide
mittee, and from the Senator from Okla-
haps some men who might want this
a means for periodic review by the Pres-
homa [Mr. MONRONEY] himself, who
"daring-do" spirit which the Senator
ident of the manner in which this all-
went to great pains to help us.
surgested, might be unduly expos-
thority has been exercised to guard
this could brook no delay and we had to
Ing themselves when they do not have
against any abuse or usurpation of re-
work it out. I thank my colleague from
to.
sponsibility. The decisions themselves
Colorado very deeply for his graciousness
Mr. JAVITS I thought it essential
should be made by the career official
in every way in working out the language,
that we nt least indicate our feeling on
having this responsibility-that is, the
and even in yielding to me to propose
the subject.
Secret Service Director. It is much more
the basic language which he had him-
The final question which concerned
preferable that this authority-in which
self been instrumental in working out.
me, and which proved to be of concern to
all Americans of all parties have a
Mr. BYRD of Virginia. Mr. President,
other Members also, is the rather broad
stake-be exercised at the operating level
will the Senator from Oklahoma yield?
grant of authority to the Director of the
rather than by the President or by a
Mr. MONRONEY. I yield.
Secret Service.
presidentially appointed official.
Mr. BYRD of Virginia. May I ask the
It will be noted at page 7, lines 1
On this basis, I feel my language will
Senator from Oklahoma if my under-
through 6, that the Director of the Secret
in no way inhibit the Secret Service and
standing is correct that a vice-presiden-
Service has the authority, and the word
other Federal agenciés from the effective
tial candidate, as used in this legisla-
used is "shall" to require other Federal
performance of these critical duties.
tion, means one who has been nominated
departments and agencies, which would
I would most respectfully ask the Sen-
for the position of Vice President?
naturally include the national defense
ator from Oklahoma whether he concurs
Mr. MONRONEY. This protects both
forces of the United States, to "assist the
with this understanding and interpreta-
the candidate who has been nominated,
Secret Service in the performance of its
tion.
and before the nomination. If he is an
protective duties."
Mr. MONRONEY. Mr. President. I am
announced vice-presidential candidate of
While we recognize the protective
happy to concur with the distinguished
stature of more than local interest, he
duties are limited to protect major pres-
senior Senator from New York [Mr.
would be entitled to request it. If found
Idential candidates chosen by a combined
JAVITSL. and with the distinguished sen-
to be a major candidate by the Secretary
foun of authority which the Senator
ior Senator from Colorado IMr. ALLOTT).
of the Treasury and this committee. he
from Oklahoma has described, we did
who participated in helping to make
would be entitled to have the same degree
realize. when dealing with such a sensi-
this paragraph effective yet safe in its
of protection. If he is not campaigning, I
tive matter-and this is a vast grant of
purposes.
would say he would have little chance
power-the Director of the Secret Service
The reason the original draft of the
of getting it because who knows. we
could technically justify an enormous
bill turned over to the Director of the
might have 100 vice-presidential candi-
control over the Armed Forces and other
Secret Service the right to invoke aid
dates in this Chamber and one never
sensitive agencies and departments of
from other Government law-enforce-
knows when the lightning might strike,
the United States.
ment agencies. including the military.
but this would not be a burden at all
On the other hand, we wanted to be
was to relieve the President of any re-
unless they were accepted the same as a
very careful that there was the assistance
sponsibility or liability for too much,
presidential candidate scriously inter-
which these other agencies and depart-
too little. or no protection at all of presi-
ested and actively campaigning for that
ments could bring.
dential or vice-presidential candidates
particular office-there are only two of-
The Senator from Oklahoma has prop-
of other parties. We all know the scur-
fices, of course, President and Vice Prest-
erly described that, so that. as a result,
rilous attacks which have been made in
dent.
we are including the words "unless such
the past. oftentimes on events that were
Mr. BYRD of Virginia. If an individual
authority be revoked by the President of
inevitable. which sought to blame the
is an active candidate for the post-
the United States"-that is in lines 2 and
President of the United States We want.
non of Vice President. 110 would
come under the terms of this legislation;
Service in the exercise of its protective
II
is
that
duties.
The Warren Commission concluded
Mr. MONRONEY. If he were a major
The personnel and facilities of Fed-
that there had been inadequate linison
candidate, yes. The committee would try
eral departments and agency are made
between the Secret Service and other
to rule out the insignificant. He does not
available as requested by the Secret Serv-
Government agencies in the performance
have to be active but he would have to be
ice. However, no legislative basis exists
of protective duties.
an announced candidate and he would
for the provision of this assistance. This
The Warren Commission conducted
have to be recognized by the Secretary
lack of specific statutory authority has
the most exhaustive investigation in our
of the Treasury and the bipartisan coni-
been an impediment to the making of
history on the problenis of presidential
mittee which we have set up as being a
more formal arrangements with various
protection. One of its primary missions
májor vice-presidential candidate.
departments for continuing and perma-
was to determine any means by which
Mr. BYRD of Virginia. The Senator's
nent assistance.
the quality of that protection could be
reply clarifies the point I was interested
This omission has become of such con-
improved.
in. As I see it, then, a major candidate
cern to me that I asked my staff to study
The Commission left no doubt as to its
for Vice President, seeking the nomina-
this problem and give me background
views. At page 459 of its report, we find
tion, would be covered under this legisla-
information on the need for better gov-
this conclusion:
tion the same as a major candidate seek-
ernmentwide coordination. Let me give
The protectión of the President Is In a real
Ing the presidential nomination?
you the results of that study.
sense a Government-wide responsibility
Mr. MONRONEY. That is correct.
I
which must necessarily be assumed by the
Mr. BYRD of Virginia. I thank the
Department of State, the FBI. the CIA, and
Protective functions for our Presidents
Senator.
the military intelligence agencies as well as
have grown increasingly difficult through
Mr. MONRONEY. Mr. President, in
the Secret Service
the years so that many agencies must
The Commission is convinced of the neces-
this connection, I commend the Presi-
provide assistance to the Secret Service.
sity of better coordination and direction of
dent of the United States for his prompt
We live in a shrinking globe of rapidly
the activities of all existing agencies of got-
action early Wednesday morning in di-
expanding travel by those who serve and
ernment which are in position to, and do.
recting that a protective U.S: Secret
have served us as Presidents of our coun-
furnish information and Services related to
Service detail be placed with each presi-
try: The job of protecting. them has be-
the security of the President
dential candidate and his family and
come far more difficult.
The Warren Commission felt so
that the FBI assist with supplying man-
The Warren Commission summarized
strongly about the Government-wide na-
power if necessary to supplement the
the problem in this language:
ture of protective duties that it proposed
Secret Service details. While there was
no specific authorization for this action,
Whatever their purpose, Presidential four-
a more formal coordinating mechanism
this was no time to ponder legalities. It
neys have greatly enlarged and complicated
Thus, the Commission's recommenda-
the task of protecting the President The
tions included the following:
is. however, exceedingly important that
Secret Service and Federal, State, and local
1. A committee of Cabinet members in-
the Congress support the President's ac-
law enforcement agencies which cooperate
cluding the Secretary of the Treasury and
tion by providing a legal foundation for
with it, have been confronted in recent years
the Attorney General, or the National Secu-
this continuing protection.
with Increasingly-difficult problems, created
rity Council, should be assigned the respon-
The bill provides authority for protec-
by the greater exposure of the President dur-
sibility of reviewing and overseeing the pro-
tion of persons who are determined by
ing his travels and the greater diversity of the
tective activities of the Secret Service and
the Secretary of the Treasury as being
audiences he must face in a world torn by
the other Federal agencies that ass!st in safe-
conflicting ideologies. (p. 427)
(Emphasis
major presidential and vice-presidential
guarding the President. Once given this re-
added.)
candidates after consultation with an
sponsibility, such a committee would Insure
advisory committee consisting of the.
Clearly. the frequency of presidential
that the marimum resources of the Federal
travel will not abate. And turmofl-both
Comment wit juiily engagen ... the iusn jur
majority icader of the Senate, the. mi-
protecting the President, and would provide
nority leader of the Senate, the Speak-
abroad and at home-will place maxi-
guidance In defining the general-nature of
er of the House of Representatives, the
mum demands on protective and security
domestic and foreign dängers to Presidential
minority leader of the House of Repre-
forces.
security.
sentatives and one additional member
Moreover, the number of persons to be
selected by the members of such com-
protected has also increased.
8. Even with an Increase in Secret Service
mittees. It is contemplated that pro-
Congress has provided specific statu-
personnel, the protection of the President
tection will be provided for. all major
tory authority to the Secret Service to
will continue to require the rescurces and
candidates for President until after the
protect the President and his family, the
cooperation of many Federal agencies. The
selection of nominees at the major politi-
President-elect, and the Vice President
Commission recommends that these agen-
cal conventions. The major nominees for
at his request.
cies, specifically the FBI, continue the prac-
tice as it has developed. particularly since the
President and Vice President will then
Congress has extended protection to
assassination, of assisting the Secret Service
be protected until election of the suc-
others next in line of succession to the
upon request by providing personnel or other
cessful candidates for the office of Presi-
Presidency, the Vice-President-elcct, and
aid. and that there be.a closer association
dent and Vice President.
a former President for a reasonable pe-
and Ilalson between the Secret Service and
This bill also gives us the opportunity
riod after he leaves office.
all Federal agencies.
Congress has extended the protection
III
to remedy a serious deficiency in exist-
ing law. It provides that, when requested
to include a former President and his
The President's Committee on the
by the Director of the Secret Service,
wife during his lifetime, and the widow
Warren Report determined that there
other Federal departments and agencies
and minor children of a former Presi-
must be continuing assistance to the
shall assist the Secret Service in the per-
dent for a period of 4 years after he
Secret Service in its performance of pro-
formance of its statutory protective
leaves or dies in office.
tective duties.
duties and those additional duties estab-
Congress has extended the period of
On September 27, 1964, President
lished by this bill.
protection for Mrs. John F. Kennedy and
Johnson designated the Secretary of the
The protection of the President of the
her children through 1969.
Treasury, Douglas Dillon, the Attorney
United States and the other persons en-
Now this bill extends needed protec-
General, Nicholas deB. Katzenbach, the
titled to protection is a governmentwide
tion to major presidential and vice-presi-
Director of the CIA, John McCone, and
responsibility. While primary responsi-
dential candidates during the presiden-
the President's Special Assistant for
bility rests with the U.S. Secret Serv-
tial campaign.
National Security Affairs, McGeorge
ice, the personnel and facilities of every
Of course. we want to provide adequate
Bundy. to act as a committee to study
agency must be available.
protection to our Presidents and those
the Warren Commission Report and
The Government became painfully
other persons whose contribution to this
make recommendations concerning
aware of the need for improving this
Nation has been so substantial. But it
Presidential protective functions
coordination after the assassination of
has become increasingly clear that the
When the Committee reported, it ex-
President Kennedy. The Warren Com-
increasing complexities of providing this
pressed this view:
mission stressed the absolute necessity
protection requires the resources of many
Because our country is so large and com-
of continuous assistance to the Secret
acencles.
plex, no one organization can, by itself, hope
Calendar No. 1153
90TH CONGRESS
-
SENATE
REPORT
2d Session
No. 1165
TREASURY, POST OFFICE, AND EXECUTIVE OFFICE
APPROPRIATION BILL, 1969
JUNE 5, 1968.-Ordered to be printed
Filed under authority of the order of the Senate of March 16, 1967
Mr. MONRONEY, from the Committee on Appropriations, submitted
the following
REPORT
[To accompany H.R. 16489]
C
The Committee on Appropriations, to which was referred the bill
(H,R. 164S9) making appropriations for the Treasury and Post Office
Departments, the Executive Office of the President, and certain
independent agencies for the fiscal year ending June 30, 1969, and for
other purposes, report the same to the Senate with various amend-
ments and present herewith information relative to the changes made:
85-010-63-1
LIBRARY GERALD FORD
10
COMPLIANCE
Appropriation, 1968
1 $496, 700, 000
Budget estimate, 1969
547, 551, 000
House allowance
541,500,000
Committee recommendation
541, 500, 000
Bill compared with-
1968 appropriation
44, 710, 000
Estimate, 1969
6, 051, 000
House allowance
1 Includes $1,900,000 proposed supplemental (H. Doc. 274).
The committee recommends an appropriation of $541,500,000 for
compliance activities of the Service. The amount allowed is $44.7
million over 1968, $6,051,000 under the estimate for 1969, and the
same as the House allowance.
This appropriation provides (1) for assistance to taxpayers in
understanding and complying with the tax laws, and (2) for detecting
and correcting instances of noncompliance. The increase allowed is
essential to maintain compliance program levels on income tax
returns that are estimated to rise from 109 million in 1968 to 112
million in 1969. Additional funds have also been provided to fund
1,200 of the 2,284 new positions requested in the fiscal 1969 budget.
These additional employees will help to reduce the delinquent return
investigation inventory and the delinquent account inventory.
OFFICE OF THE TREASURER
SALARIES AND EXPENSES
Appropriation, 1968
$6, 588, 000
Budget estimate, 1969
6,878,000
House allowance
6,878,000
Committee recommendation
6,878,000
Bill compared with-
1968 appropriation
+290,000
Estimate, 1969
House allowance
The committee recommends $6,878,000, the budget estimate and
House allowance, for salaries and expenses of the Office of the
Treasurer.
This Office (a) receives, keeps, and disburses the moneys of the
United States; (b) processes claims for the proceeds of Government
checks; (c) issues and redeems currency and Government securities;
(d) maintains fiscal accounts; and (e) prepares financial statements
and reports.
The amount allowed provides for and includes the full-year cost
of the salary increase and a net increase of 11 additional positions to
cope with the increased workload.
U.S. SECRET SERVICE
SALARIES AND EXPENSES
Appropriation, 1908
$17,030,000
Budget estimate, 1969
19,871,000
House allowance
19,300,000
Committee recommendation
21,300,000
Bill compared with-
1968 appropriation
+4,250,000
Estimate, 1969
+1,429,000
House allowance
+2,000,000
$ Includes $200,000 proposed supplemental for civilian Pay Act Increases.
R.FORD
GERALD
LIBRARY
The committee recommends an appropriation of $21,300,000 for
salaries and expenses of the U.S. Secret Service. This amount is $1,-
250,000 over the 1968 appropriation and an increase of $1,429,000
over the estimate and $2 million over the House allowance. The
committee has also proposed a language amendment, the explanation
for which follows:
It is the desire of the committee that the major condidates for
President and Vice President receive Secret Service protection as
authorized by this language. Therefore, funds, authority, and per-
sonnel beyond that requested by the President are provided the Secret
Service in the bill for that purpose. The excitement, tension, and
turbulence of a presidential campaign year create hazards and risks
for presidential and vice-presidential candidates substantially beyond
those of other political candidacy. In these circumstances, the com-
mittee considers it appropriate and in the national interest to provide
Secret Service protection to the candidates under the provision set
forth in the amendment proposed by the committee and set forth
hereinafter.
The additional funds in the amount of $2 million above the House
bill are recommended to carry out the added protective responsibilities
of the Secret Service provided by this bill and are based on the expecta-
tion that in the immediate period following its enactment six or seven
candidates will require such protection. However, during the period
C
immediately preceding the major conventions and during the conven-
tions themselves the number requiring protection may increase and
the persons to be protected may change. After the major conventions
the expectation would be that not more than six nominees would
require such protection. Existing law provides for the protection of the
President-elect and the Vice President-elect until inauguration.
The committee suggests that. in recommending to the Secretary
of the Treasury persons to whom protection is to be authorized, the
Advisory Committee provided for by this bill consider among other
factors the report of results of nationally recognized opinion polls,
and the extent to which any particular candidate is conducting his
campaign throughout the Nation. Moreover, it must be recognized
that protection can be afforded only to the extent that the candidate
accepts the advice of Secret Service as to what may be acceptable
or unacceptable risks.
It is estimated that the costs of this added protection will beapprox-
imately $1.5 million from early June until election day. However, the
committee has provided S2 million. The additional $500,000 is in the
nature of a contingency amount, to be used only if the original esti-
mate of $1.5 million should fall short of meeting the needs. There-
fore, if it is not used for the protection of the candidates, it should
remain unused by the Secret Service. The language also makes avail-
able $400.000 which could be used for the balance of the fiscal year
1968 for the candidates' protection.
The proposed language will provide specific authorization of a long-
established practice of utilizing other Federal departments in the pro-
tective assignments. This assistance may include, but is not limited
to, the provision of personnel and facilities for intelligence gathering,
medical. transportation. and communications purposes. It eliminates
any doubt of the legal basis for such practice and assures Treasury
direction of the protective functions.
FORD
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12
The language as proposed by the committee reads as follows:
For necessary expenses for the operation of the United States
Secret Service, including purchase (not to exceed one hundred
and serenty-one for policé-type use which may esceed by $300
each the general purchase price limitation for the current fiscal
year, of which one hundred and twenty-nine are for replacement
only), and hire of passenger motor rehicles. hire of aircraft.
services as authorized by title 5, United States Code, section
3109, purchase, repair, and cleaning of uniforms, and, in
addition, to other duties now provided by law, the protection of
persons who are determined by the Secretary of the Treasury
from time to time as being major presidential or rice presidential
candidates who should receire such protection (unless the
candidate has declined such protection), after consultation with
an advisory committee consisting of the majority leader of the
Senate, the minority leader of the Senate, the Speaker of the
House of Representatives, the minority leader of the House of
Representatives, and one additional member selected by the
members of such committee; $21,300,000, of which $400,000
shall be immediately arailable.
Hereafter, when requested by the Director of the Secret Service,
Federal departments and agencies, unless such authority be
revoked by the President, shall assist the Secret Service in the
performance of its protective duties sunder title 18, United
States Code, section 3056 and the preceding paragraph.
This service is responsible for investigation of counterfeiting of
currency, specie, and securities; forgery and conversion of Government
checks and bonds; and for the protection of the President, his imme-
diate family, and others as stipulated by law.
The permanent White House Police Force, funded by this appro-
priation, protects the Executive Mansion and Grounds in the District
of Columbia, and any building in which White House offices are
located.
The Treasury guard force also funded from this appropriation is
responsible for safeguarding paper currency and other Government
securities and also provides protection for the main Treasury Building
and its Annex.
CONSTRUCTION OF SECRET SERVICE TRAINING FACILITIES
Appropriation, 1968
(1)
Budget estimate, 1969
$1,000,000
House allowance
1,000,000
Committee recommendation
800,000
Bill compared with-
1968 appropriation
+800,000
Estimate, 1969
-200,000
House allowance
-200,000
1 No request.
The committee recommends $800.000. for construction of modern
outdoor firearms ranges at Beltsville, Md., on Government-owned
property.
The need for expanded and improved training facilities has been
previously demonstrated and documented. The Service is presently
GERALD
13
using a site at the National Arboretum which is inadequate and not
capable of accommodating the necessary firearms ranges. The proposed
ranges will facilitate the development of improved basic, refresher,
and specialized training for Secret Service agents, the White House
Police, the Treasury guard force, and other law enforcement personnel.
TITLE II-POST OFFICE DEPARTMENT
Appropriations totaling $7,128,000,000 are recommended for the
regular annual requirements of the Post Office Department for fiscal
year 1969. This is a decrease of $169,710,000 in the estimates and an
increase of $1,000,000 compared with the House bill amount of
$7,127,000,000. The amount recommended is $524,902,000 over the
1968 appropriation of $6,603,098,000 to date.
ADMINISTRATION AND REGIONAL OPERATION
Appropriation, fiscal year 1968 (to date)
$103,450,000
Proposed supplemental
4,011,000
Total obligational authority, fiscal year 1968 (estimate)
107,461,000
Budget estimate, fiscal year 1969
123,802,000
House allowance
119,000,000
Committee recommendation
119,000,000
Bill compared with-
Total obligational authority, fiseal year 196S (estimated)
+11,530,000
Estimate, fiscal year 1969
4, 802, 000
House allowance
C
1 Pending.
The committee recommends an appropriation of $119,000,000.
The amount recommended is $11,539,000 over the estimated 1968
appropriation, $4,802,000 under the estimate and the same as the
House allowance.
This limitation (appropriation) provides for the executive direction,
control, and administration of the Postal Establishment; for the postal
inspection and internal audit services; and for the direction and
administration of postal field activities under authority delegated by
Washington headquarters to the 15 regional administration offices
and six postal data centers. The amount recommended will fund 521
of the 964 additional positions requested.
RESEARCH, DEVELOPMENT, AND ENGINEERING
Appropriation, fiscal year 1968 (to date)
$23,148,000
Proposed supplemental
1 210,000
Total obligational authority, fiscal year 1968 (estimate)
23,338,000
Budget estimate, fiscal year 1969
36,380,000
House allowance
34,000,000
Committee recommendation
35,000,000
Bill compared with-
1968 appropriation
+11,642,000
Estimate, 1969
-1,386,000
House allowance
+1,000,000
1 Pending.
The committee recommends an appropriation of $35 million for
activities under this head. The amount recommended is $11,642,000
over the 1968 appropriation, including proposed supplementals.
FORD
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LIBRARY
Protection
GALLUP
HARRIS
Commenced
3/72
4/72
6/72
2/72
2/72
5/72
5/72
U KENNEDY
(March, Fall)
-
-
-
15
-
20
-
D MUSKIE
(March)
23
11
6
23
28
6
7
D
HUMPHREY
(March)
31
35
27
18
21
20
28
D
WALLACE (March)
15
18
25
11
12
19
21
D
LINDSAY
7
-
-
6
8
-
-
A
D
McCARTHY
5
3
2
4
5
3
4
D
McGOVERN
(March)
6
20
30
5
6
21
26
0
D
CHISHOLM
(May)
2
3
3
5
6
2
3
D
JACKSON
(March)
3
3
3
3
3
3
3
A
D
YORTY
under 1
-
under 1
1
1
-
-
D
HARTKE
1
-
-
1
1
-
-
I
0
MILLS
-
.
-
(May)
2
2
1
-
D
SANFORD
-
-
-
-
-
A
-
0
1
D
SPOCK
(Fall)
-
-
-
-
-
-
e
@ 0 D SCHMITZ
(Fall)
-
-
a
-
-
-
-
democratic voters
democratic
democratic and
voters
independent
voters
E
GERALD
A
FORDS
LIBRARY
January 29, 1975
Jay
rom:
Phil Buchen
would like your comments
the attached please.
FORD :- LIBRARY DERALD
THE WHITE HOUSE
WASHINGTON
January 29, 1975
MEMORANDUM FOR:
PHILIP W. BUCHEN
FROM:
JAY FRENCH Day
SUBJECT:
GUIDELINES FOR PROTECTION OF
MAJOR PRESIDENTIAL AND VICE
PRESIDENTIAL CANDIDATES
I have reviewed the attached materials. In light of our earlier discussion,
I have no further comment except that I believe these guidelines are
necessary and will make the process of directing protection for major
candidates a great deal easier and more uniform.
Attached is a separate memo for Jerry Jones.
Enclosure
FORD is GERALD LIBERRY
ESTABLISHING PROCEDURES AND REGULATIONS FOR
CERTAIN PROTECTIVE SERVICES PROVIDED BY THE
LIBRARY
U.S. SECRET SERVICE
FORD
GERALD
MARCH 20, 1975.-Ordered to be printed
Mr. FLOWERS, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 1214 which on January 14, 1975 was referred jointly to the
Committee on Government Operations and the Committee on the Judiciary]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 1244) to establish procedures and regulations for certain pro-
tective services provided by the United States Secret Service, having
considered the same, report favorably thereon with amendments and
recommend that the bill as amended do pass.
The amendments are as follows:
Page 2, lines 4 and 5, strike "(1) providing, with reimbursement,
personnel, equipment, or facilities on a temporary basis;" and insert:
(1) providing with reimbursement, services, equipment,
or facilities on a temporary basis except that the Department
of Defense and the Coast Guard may provide such services,
equipment, or facilities on a temporary basis without reim-
bursement when assisting the United States Secret Service
in its duties directly related to the protection of the Presi-
dent or Vice President of the United States;
Page 4, lines 21 through 24, and page 5, lines 1 and 2, strike:
If improvements or other items are not removed, the owner
of the property at the time of determination shall compen-
sate the Government for such improvements or other items to
the extent they have increased the fair market value of the
property as of the date of transfer or termination.
and insert:
If improvements or other items are not removed, the owner
of the property at the time of termination shall compensate
the Government for the original cost of such improvements
38-000
or other items or the amount they have increased the fair
market value of the property as of the date of transfer or
(3) upon advance written request of the Director of the
termination whichever is less.
U.S. Secret Service or his authorized representative and simi-
Page 5, line 24, after "Appropriations" insert ", Committees on
larly conditioned upon reimbursement by the Secret Service
of those expenditures exempted in section 2(1).'
of actual costs, the facilities, equipment, and services, re-
Page 5, line 14, after "Secret Service" insert ", Department of De-
quired by the U.S. Secret Service to secure any other prop-
fense and Coast Guard".
erty not in Government ownership or control to the extent
Page 5, line 16, after "Appropriations" insert: ", Committees on
that such expenditures do not cumulatively exceed $10,000
the Judiciary".
at any one property owned, leased, occupied, or otherwise
Page 5 , line 24, after "Appropriations" insert ", Committees on
utilized by persons entitled to protection under sections 3056
the Judiciary".
of Title 18, and section one of Public Law 90-331, unless
approved by the Committees on Appropriations of the House
PURPOSE
and Senate.
The purpose of the proposed legislation, as amended, is to provide
Section 3. This section limits expenditures by the U.S. Secret Service
limitations and set requirements for the implementation of the respon-
for maintaining a permanent guard detail and for permanent installa-
sibility of the Secret Service under section 3056 of Title 18, United
tions, facilities, and equipment to secure non-Government property
States Code, concerning protection of the President and other persons,
owned, leased, occupied, or otherwise utilized by persons entitled to
and under section 1 of Public Law 90-331 concerning protection of
protection under section 3056 of title 18 and section 1 of Public Law
major Presidential or Vice Presidential candidates.
90-331, to properties described in section 2(2) of the bill.
Section 4. This section provides that all purchases and contracts
SECTION-BY-SECTION ANALYSIS
concerning facilities, equipment, and services furnished by other Fed-
Section 1. This section provides that the Act may be cited as the
eral Departments and agencies under section 2 (2) and 2(3) are to be
"Presidential Protection Assistance Act of 1975".
made in accordance with the provisions of the Federal Property and
Administrative Services Act of 1949.
Section 2. This section provides that in assisting the Secret Service
in performing its duties in connection with the protection of the
Section 5. This section would bar payments made pursuant to the
President and others under section 3056 of Title 18, and in connection
provisions of the bill for services, equipment, or facilities ordered,
purchased, leased, or otherwise procured by persons other than officers
with the protection of major Presidential or Vice Presidential candi-
dates under section 1 of Public Law 90-331, Federal Departments and
or employees of the Federal Government who were duly authorized
by the Director of the United States Secret Service to make such
agencies shall provide the following:
procurements.
(1) services, equipment, or facilties with reimbursement,
Section 6. This section provides that all improvements and other
on a temporary basis except that such services, equipment or
items acquired pursuant to provisions of the bill are to remain the
facilities may be provided by the Department of Defense
property of the Federal Government and shall be removed at the ter-
and the Coast Guard on a temporary basis without reimburse-
mination of the protective responsibility of the United States Secret
ment in assisting the Secret Service in its duties directly re-
Service unless it is determined by the United States Secret Service
lated to the protection of the President or Vice President;
that it is economically unfeasible to do SO. Should the President. Pres-
(2) upon advance written request of the Director of the
ident-elect, former President, or other person subsequently designate
U.S. Secret Service or his authorized representative and con-
a different property to be SO secured, or should there be an end of
ditioned upon reimbursement by the United States Secret
entitlement to protection and the improvements or other items are not
Service of actual costs, the facilities, equipment, and services
removed, the owner would be required to compensate the Government
required by the U.S. Secret Service to provide full time secu-
for all expenditures made under this section with regard to the desig-
rity for each protectee at no more than one property not in
nated property for the original cost or the amount they have increased
Government ownership or control, when the property has
the fair market value as of the date of transfer or termination, which-
been designated by a President, President elect, former
ever is less. It is further provided that improvements or other items
president, or any other person entitled to such protection, as
are to be removed and the property restored regardless of the economic
the one property to be secured under this paragraph. Para-
feasibility determination if the owner requests removal. Thus, if the
graph (2) further provides that where more than one family
owner exercises his option of having the improvements or other items
member is eligible for protection, only one designation of
removed and the property restored, there would be no cost or increase
property is allowed per family, but this would not apply
requiring compensation under this provision.
when family members do not permanently reside with the
Section 7. This section provides that, with the exception of those
President.
expenditures exempted in section 2(1), expenditures under the provi-
sions of the proposed Act shall be from funds specifically appropriated
to the U.S. Secret Service for carrying out those provisions. The sec-
tion bars the use of public funds not SO appropriated for the purpose
of securing any nongovernmentally owned property owned, leased,
of the bill are intended to provide the basis for control and account-
occupied, or otherwise utilized by persons entitled to protection under
ability, as well as public disclosure, of Federal funds spent at private
section 3056 of title 18 and the first section of Public Law 90-331.
residences for persons entitled to protection under those statutory pro-
Section 8. This section provides that a detailed report of expendi-
visions which include the President, the Vice President, former Presi-
tures made pursuant to the provisions of this proposed Act shall be
dents and others. The need for this sort of statutory definition was
made on April 30 and September 30 of each year by Secret Service,
demonstrated in the course of hearings in 1973 before the Government
the Department of Defense, and Coast Guard to the Committees on
Activities Subcommittee of the House Committee on Government Op-
Appropriations, Committees on the Judiciary and Committees on
erations concerning the expenditure of Federal funds in support of
Government Operations of the House of Representatives and Senate.
Presidential properties and the investigation conducted by the staff
Section 9. Section 9 makes expenditures under the Act subject to
of that subcommittee on that subject.1 The Subcommittee on Govern-
General Accounting Office audit with right to access to relevant
ment Activities, at that time was chaired by the Honorable Jack
records. The Comptroller General would transmit reports of any such
Brooks, who is the sponsor of the bill H.R. 1244. The findings and
andits to the House and Senate Committees on Appropriations, Com-
conclusions of that subcommittee are embodied in the Government
mittees on the Judiciary and Government Operations,
Operations Committee report which was transmitted to the Speaker
Section 10. This section repeals Section 2 of the act entitled "An act
on May 20, 1974.2
to authorize the United States Secret Service to furnish protection to
In addition, the Comptroller General of the United States on De-
major presidential and vice presidential candidates" (Public Law 90-
cember 18, 1973, submitted a report to the Congress entitled Protec-
331, § 2, June 6, 1968, 82 Stat. 170), which is as follows:
tion of the President at Key Biscayne and San Clemente (With Infor-
SEC. 2. Hereafter, when requested by the Director of the
mation on Protection of Past Presidents). This committee has had
United States Secret Service, Federal Departments and
the advantage of studying these reports and hearings in the course
agencies, unless such authority is revoked by the President,
of its consideration of the bill H.R. 1244, and its earlier consideration
shall assist the Secret Service in the performance of its pro-
of the bills H.R. 11499 and the revised bill H.R. 17311, and they have
tective duties under section 3056 of title 18 of the United
proven to be of great assistance to the committee.
States Code and the first section of this joint resolution,
The questions raised over expenditures at the former President's
residences at San Clemente and Key Biscayne, and to a lesser extent. at
STATEMENT
other locations necessitated the studies and investigation referred to
above. There was concern over the amount of the total reported ex-
The bill H.R. 1244 is a bill which is similar to the bill H.R. 17311 of
penditures, and the expenditures relating to specific work, and also
the 93rd Congress which was favorably reported by the Committee on
the relation of the work to the protective function authorized under
the Judiciary on December 4, 1974 and passed the House on Decem-
applicable law. The conclusion of the Government Operations Com-
ber 16, 1974. In that Congress, the bill H.R. 17311 was a revised bill
mittee report expressed a serious concern about the trend of practices
which was introduced after subcommittee consideration and hearings
reviewed in its investigation. It is noted that in order to provide dis-
on the bill H.R. 11499. A hearing on the current bill, H.R. 1244, was
cretion to the Secret Service in the exercise of its responsibility to pro-
held on February 6, 1975.
tect national leaders, the Congress had "imposed few retraints" upon
The bill H.R. 1244 has been carefully drafted and contains provi-
that service. It was concluded that the manner in which the Secret
sions which were considered by the Judiciary Committee during the
Service and agencies acting in conjunction with it had operated
previous Congress and again in the present session. The purpose of
amounted in several instances to an abuse of discretion. It was found
the bill is not to restrict the level of protection extended to a President,
that there had been instances where public funds had been used to pro-
nor to interfere with the Secret Service's ability to carry out its legiti-
cure nonsecurity items. It was found that the procedures followed per-
mate activities. The provisions of the bill are intended to give force to
mitted non-Government personnel to commit Federal funds. In partic-
the principle that fiscal accountability for public expenditures should
ular, the report criticized the manner in which authorization was given
reside in the agency having the authority to obligate those expendi-
for certain work in instances the Subcommittee reviewed and the in-
tures.
formal or apparently casual nature of the procedures followed. The
The bill H.R. 1244 provides the specific statutory basis and defini-
Government Operations Committee pointed out also that there had
tion of the circumstances under which protection may be furnished to
been a large increase of expenditures for protection in recent years.
the President and other persons entitled to protection under 18 U.S.C,
The General Accounting Office advised the Committee that in the
3056, and under the first section of Public Law 90-331 providing for
course of its investigation it reviewed the matters with reference to
the protection of major presidential or vice presidential candidates,
protection in terms of budgeting, accounting, and auditing with a view
particularly with respect to security expenditures on property which
is not owned by the Government. It would also require a change in the
Pronerties, ernment Operations October 10. on 11. the 12, Expenditure and 15. 1973. of Federal Funds in Support of Presidential on
1 Hearings of the Government Activities Subcommittee of the Committee Gov-
manner in which protective work on private property by the Federal
departments and agencies is funded. In this connection the provisions
tional 2 Fifteenth and Report by the Committee on Government Operations, together with Addr-
Pronerties" Supplemental (H. Rent. No. Views 93-1052. "Expenditure 93d Cong.. 2d of sess. Federal Funds in Support of Presidential
8 United States General Accounting Office No. B-155950.
to identifying what had been done or still needed to be done to provide
basis" in this connection therefore covers the utilization of assistance
for rèsponsible supervision and control over these areas, and to also
provided to the Secret Service by other Federal departments or agen-
provide for oversight by Congress along with understanding by the
cies which are other than services, equipment or facilities provided in
public. As will be further discussed in this report, the recommenda-
connection with designated properties under the provisions of sub-
tions of the General Accounting Office form the basis for much of this
paragraphs (2) and (3) of section 2, or otherwise of a permanent or
bill, and those provisions are intended to provide for better controls
continuing nature.
over expenditures for protection.
The second recommendation of the General Accounting Office on the
The General Accounting Office found that after the enactment of
basis of its study was that the accounting system of the Secret Service
Public Law 90-331 of June 6, 1968, the Secret Service began to draw
should require that expenditures at private residences for protective
heavily on GSA appropriations in order to carry out Secret Service
purposes be authorized by the Director or Deputy Director of the
protection functions. The General Accounting Office concluded that
Service. H.R. 1244 provides that advance written request of the Di-
this had the weakness that GSA funds were not directly associated
rector or his authorized representative is required to obtain assistance
with Secret Service protection activities during the budget preparation
in making secure property not in Government ownership (Section 2,
and review process. It was also indicated that this apparently fostered
(2) (3))
a casual attitude in authorizing work because many requests were ver-
Third, the General Accounting Office recommended that the Secret
bal and it became difficult subsequently to determine who made specific
Service should make an annual public report to the Congress showing
requests or precisely what had been requested. In some cases the gen-
in as much detail as security will allow expenditures made on private
eral or vague nature of the request made it difficult to limit the scope
residences for protective purposes. H.R. 1244 provides that every
of the work.
department and agency, making expenditures under its provisions
At the hearings on August 21, 1974, and again on February 6, 1975
shall transmit a detailed report of such expenditures to the Committees
before this Committee's Subcommittee on Administrative Law and
on Appropriations and Committees on Government Operations on
Governmental Relations, the General Accounting Office witness de-
April 30 and September 30 of each year. (Section 8).
scribed the Comptroller General's recommendations following its
Fourth, the General Accounting Office recommended that the report
study. First, the General Accounting Office recommended that appro-
made by the Secret Service should be subject to audit by GAO and
priations for expenditures at private residences for protective purposes
GAO should be given complete access to all records, files, and docu-
should be made to the Secret Service and no other funds should be
ments supporting expenditures made by the Service. H.R. 1244 pro-
available for that purpose. In this connection, it is noted that both the
vides for this in Section 9 of the bill.
GSA and the Secret Service indicated in testimony before the com-
Fifth, the General Accounting Office recommended that appropria-
mittee that changes made in the financing of GSA public building
tions for expenditures at private residences of the President, not of a
activities under the Public Building Act Amendments of 1972 now
protective nature, should be made to the White House. The GAO took
require GSA to charge the Secret Service for services or facilities
the position that the White House should account for any such ex-
provided in protecting the security of a President or other person
penditures and make an annual report to the Congress subject to audit
entitled to protection. Such provision is not sufficient, however, to
by GAO in the same manner suggested for expenditures by the Secret
cover all potential expenditures that may be made by or on behalf of
Service for protective purposes. This is a matter outside the scope of
the Secret Service in connection with their protective responsibilities.
H.R. 1244, which is intended to deal with the subject of protection. At
For one. services or facilities utilized by the Secret Service may not be
the hearing, the GAO witness recognized this and stated that his
be under GSA's control. In addition, the Public Building Act Amend-
agency felt that consideration should be given to this recommendation
ments of 1972 authorize the Administrator of GSA to exempt anyone
by the appropriate committees.
from the charges if such would be "infeasible or impractical.' The bill,
In addition, the General Accounting Office suggested that Congress
II.R. 1214, addresses this problem by providing that expenditures for
might wish to consider limiting the number of private residences at
securing any nongovernmentally owned property shall only be from
which permanent protective facilities will be provided for a President
funds specifically appropriated to the Secret Service (Section 7). This
and that consideration should be given to the desirability of a Govern-
principle, with the exemption provided for in the committee amend-
ment owned residence in Washington for the Vice President. Public
ment as to the President and Vice President, also is embodied in the
Law 93-346, enacted July 12, 1974 implemented the latter suggestion
provisions of subparagraph (1) of section 2 concerning temporary
when it designated the premises then occupied by the Chief of Naval
assistance given the Secret Service by Federal departments and
Operations as the official residence of the Vice President. Section 1(2)
agencies. The earlier bill in the 93rd Congress stated in subparagraph
of H.R. 1244 deals with the limit on the number of residences at which
(1) of section 2 that assistance could be provided by Federal depart-
permanent protection facilities will be provided for a President. and
ments and agencies "on a temporary basis for a period not to exceed
others entitled to protection. In essence it would provide a President
two weeks". This was changed in the revised 93rd Congress bill, H.R.
with full time protection at no more than one privately owned property
17311, to read "on a temporary basis" just as in the present bill, H.R.
at a time.
1244. The two week restriction was deleted to provide for a practical
At the 1974 hearing. the General Accounting Office witness pointed
flexibility in the use of this authority. The use of the term "temporary
out that the earlier bill, H.R. 11499, in Section 2(2) allowed any person
9
designated under 18 U.S.C. 3056 or under the Act of June 6, 1968, to
therefore concluded that this amendment provides a practical solution
designate one non-Government property to be secured by the Secret
of problems which might arise in such situations. The Department of
Service. It was observed that since the President and his immediate
Defense and the Coast Guard would still have to report the amounts
family are all entitled to protection under 18 U.S.C. 3056, a President
of expenditures for protective activities pursuant to section 8 of the
and his wife could under the bill each designate a separate property
bill as amended by the committee.
not in Government ownership or control to be protected at public
The committee feels that the reimbursement requirements of this
expense. This is covered in H.R. 1244 by providing that in such a case
bill provide for fiscal responsibility in a manner which is practical
there shall be only one such designated property per family. Where
and consistent with current government accounting practice. At the
members of the immediate family do not permanently reside with the
hearing, questions were raised concerning the manner in which the
President, this limitation would not apply.
departments and agencies would fix the cost of assistance given the
In the present bill, H.R. 1244, another suggestion of the General
Secret Service in the discharge of its protective functions. Particu-
Accounting Office has been included. At the 1974 hearing, it was
lar reference was made to the Department of Defense in this connec-
pointed out that section 6 of H.R. 11499 provided for removal of se-
tion. Therefore, additional information was requested by the Com-
curity facilities upon termination of protective responsibility unless
mittee as to how this cost would be ascertained. The committee was
removal is "economically unfeasible." It was suggested that because
advised that the Department of Defense would consider the provision
some security facilities can detract from the value of the property
for reimbursement to include only incremental costs, that is, these
in the eyes of the owner it would seem reasonable to make provision
costs over and above the cost to the Department for maintaining a
for removal at his request whether such removal is economically fea-
given capability in support of its military mission. The committee was
misemental
sible or not. H.R. 1244 includes this language in section 6.
informally advised that the Department would not ask to be paid for
The bill provides for the repeal of Section 2 of the Act entitled "An
salaries. purchase of airplanes or any other costs that are normally
act to authorize the U.S. Secret Service to furnish protection to major
incurred in the operations of the Military Departments. It did indi-
Presidential and Vice Presidential candidates". As has been noted, this
cate it would seek reimbursement for the expenses related to pro-
section now provides:
tective activity incurred in the operation and maintenance of planes
and other equipment and the use of ordnance bomb disposal and other
Mother ther understand
SEC. 2. Hereafter, when requested by the Director of the
specialized personnel. The information given the committee indicates
United States Secret Service, Federal Departments and
that since the chargeable costs are incremental, they are in most cases
agencies, unless such authority is revoked by the President,
clearly identifiable. They would include items such as per diem, rental
shall assist the Secret Service in the performance of its pro-
cars, and aircraft support for a non-military mission. Should there
tective duties under section 3056 of title 18 of the United
be some doubt as to the proper division of costs, the agencies con-
States Code and the first section of this joint resolution.
cerned would be required to work out the matter. The Department of
It is apparent from the foregoing discussion, the provisions would be
Defense has indicated that its experience in fixing the amount for
superseded by the provisions of this bill. Accordingly, the bill provides
reimbursement in other situations has shown that any such questions
for this repeal.
can be resolved on a practical basis.
As has already been noted in connection with the discussion of the
The committee therefore concluded that the provisions of the bill
recommendations of the General Accounting Office, the committee
concerning reimbursement are consistent with normal interagency
amendment would make an exception in paragraph (1) of section 2
Federal practice. This requirement of reimbursement as contained in
relating to the President and Vice President. That paragraph of sec-
the bill together with the required reports will provide Congress
tion 2, of the bill as originally introduced, required reimbursement by
with the facts concerning the costs of providing protection now pro-
the Secret Service for assistance given it by other departments or agen-
vided for by Federal law.
cies of the Government under the authority of the section. The com-
mittee amendment would preserve this basic principle while providing
COMMITTEE VOTE
an exception that services, equipment, or facilities may be provided
on a temporary basis without reimbursement by the Department of
On Tuesday, March 11, 1975, the full committee on the Judiciary
approved the bill H.R. 1244 by voice vote.
Defense and the Coast Guard to assist the Secret Service in its duties
directly related to the protection of the President and Vice President.
COST
This amendment assures a degree of flexibility in connection with as-
sistance rendered on a temporary basis relating to the President or
The bill provides limitations and sets requirements for the imple-
Vice President. It is understood that the Department of Defense and
mentation of the protective responsibilities of the Secret Service, and
the Coast Guard provide support to the President and Vice President
to provide for control and responsibility in carrying out those func-
which is separate and distinct from the protective functions referred
tions. It is not possible to predict what impact or change these pro-
to in this bill. However, there may be instances when given activity
visions will have in terms of cost to the Government, but is possible to
may involve both supportive and protective aspects. The committee has
state that the aim is to adequately control and account for such costs.
II. Rept. 94-105
CONCLUSION
proper fulfillment of such responsibilities often requires the support
and cooperation of other Federal agencies. The purpose of Public
The committee has concluded that the facts presented to the com-
Law 90-331 was to eliminate any doubt as to the legal basis for such
mittee in connection with this legislation provide the basis for the
assistance and to assure that the Secret Service would be dominant in
approval of the amended bill. It is recommended that the amended
directing all protective functions.
bill be considered favorably.
GSA has no objection to assisting the Secret Service on a reimburs-
able basis as H.R. 11499 provides, but in view of the above defers to
TEXT OF STATUTE TO BE REPEALED
the Secret Service and to the Congress as to whether the bill is the
proper vehicle for accomplishing this objective, and as to the merits of
In compliance with paragraph 3, clause 1 of Rule XIII of the
other provisions of the bill which relate directly to the protective
Rules of the House of Representatives, the text of the portion of the
functions of the Secret Service.
statute proposed to be repealed is as follows:
However, to be as helpful as possible to the Committee, we offer the
(Section 2 of the Act entitled "An Act to authorize the United
following suggestions for amendments which we believe, if adopted,
States Secret Service to furnish protection to major presidential and
would improve the bill.
vice presidential candidates" (Public Law 90-331, § 2, June 6, 1968,
Paragraphs (2) and (3) in section 2 provide that security at full
82 Stat. 170.)
Government expense be on private property at no more than one
SEC. 2. Hereafter. when requested by the Director of the
location designated by the person to be protected: and with respect to
United States Secret Service, Federal Departments and agen-
other locations involving private property the Government's obliga-
cies, unless such authority is revoked by the President, shall
tion would be limited to $5,000. However, the $5,000 limitation ap-
assist the Secret Service in the performance of its protective
pears to apply only to reimbursable work and not to work performed
duties under section 3056 of title 18 of the United States
by contract. If paragraph (3) is to remain in the bill, we recommend
Code and the first section of this joint resolution.
that it be clarified in this report.
Since purchases and contracts for the protection functions of the
GENERAL SERVICES ADMINISTRATION,
Secret Service are already subject to the Federal Property and Ad-
Washington, D.C., August 21, 1974.
ministrative Services Act of 1949, as amended, we suggest that sec-
Hon. PETER W. RODINO, Jr.,
tion 4 be deleted as unnecessary. Section 5 also is unnecessary as we do
Chairman, Committee on the Judiciary,
not believe that existing law permits a Federal official to delegate his
House of Representatives, Washington, D.C.
contracting authority to one who is not a Federal employee.
DEAR MR. CHAIRMAN: This is in reply to your letter of January 28,
We suggest that section 6 either be deleted or alternatively be
1974, requesting an expression of the views of the General Services
amended to reflect the current law with respect to disposal of improve-
Administration on H.R. 11499, a bill to establish procedures and
ments and other items acquired for security purposes. Section 6 as
regulations for certain protective services provided by the United
presently drafted infers that such property shall remain the property
States Secret Service.
of the Federal government under circumstances where removal is eco-
The bill would repeal section 2 of the Act of June 6, 1968 (Public
nomically unfeasible which we do not believe is intended. The section
Law 90-331; 82 Stat. 170) which requires all Federal agencies to as-
also does not provide for restoration of property to the condition
sist the Secret Service in the performance of its protective duties
which existed prior to the making of the improvement when and if the
under section 3056 of title 18 of the United States Code. Insofar as
improvement is removed. In a memorandum of November 21, 1973,
we are aware, section 2 has not been interpreted to require the Secret
prepared within the Department of Justice, concerning title to im-
Service to reimburse or transfer to agencies the cost of rendering such
provements made on private property for security purposes. it was
assistance. H.R. 11499, if enacted, would continue to permit other
concluded that if items placed on the property are removed. the Fed-
Federal agencies to assist the Secret Service but, except in temporary
eral government is under a duty to return the premises to the owner in
assistance, only upon reimbursement of actual costs.
as good a condition as when the alterations were made. Accordingly,
In addition to the above. the bill proposes with one exception to
we recommend that upon termination of the responsibility to secure
limit the Secret Service to providing full security at Government
the property, or if such property is determined no longer needed for
expense at no more than one property not in Government control as
security purposes, the bill provide that the property be disposed of or
may be designated by the person entitled to protection. The excep-
transferred to another Federal agency in accordance with the Federal
tion stated in paragraph (3) of section 2 apparently is intended to
Property and Administrative Services Act of 1949, as amended.
limit expenditures on other private property to an amount which
Finally, we recommend that paragraph 8 be amended to require that
cumulatively does not exceed $5,000.
federal agencies submit reports only on non-reimbursable expendi-
The primary responsibility for the protection of the President and
tures. With respect to reimbursable expenditures, the Secret Service
others designated by law as requiring personal protection rests with
will have complete and detailed information making it unnecessary
the Secret Service. It has long been recognized, however, that the
for other agencies to submit reports thereon.
ALLAN G. KAUPINEN.
12
13
COMPTROLLER GENERAL OF THE NITED STATES.
One effect of section 2 is to take from the Secret Service a measure
Washington, D.C., May 10, 1974.
of its management discretion as to whether protection at a given loca-
Hon. PETER W. RODINO. Jr.,
tion will be provided by use of permanently installed facilities or, as
Chairman. Committee on the Judiciary,
an alternative, by temporary facilities and added Secret Service man-
House of Representatives, Washington D.C.
power-a decision which normally would take into consideration secu-
DEAR MR. CILAIRMAN: This refers to your request for our views on
rity effectiveness and cost.
II.R. 11499, 93d Congress, a bill which if enacted would be cited as the
Also, under section 2, the Secret Service can call upon other depart-
"Presidential Protection Assistance Act of 1973," and which is in-
ments and agencies, on a reimbursable basis, to do permanent work on
tended to establish procedures and regulations for certain protective
private property which is to be protected. This authority is a con-
services provided by the United States Secret Service.
tinuation of present practice, which we consider reasonable, whereby
This Office has prepared a report dealing with the problems which
the Secret Service has chosen to call on other agencies for such assist-
this bill is intended to meet, entitled "Protection of the President at
ance, rather than developing the capability to do permanent work
Key Biscayne and San Clemente (With Information on Protection of
itself.
Past Presidents), B-155950, December 18, 1973, copy enclosed. H.R.
Section 6 provides for removal of security facilities upon termina-
11499 is generally consistent with the recommendations in our report.
tion of protective responsibility unless removal is "economically un-
We note, however, that although the bill provides for annual reports
feasible." Because some security facilities can detract from the value
(to be made to the Committees on Appropriations and the Committees
of the property in the eyes of the owner it would seem reasonable to
on Government Operations) on expenditures by the Secret Service for
make provision for removal at his request whether such removal is.
protective services on private property (section 8), it does not provide
economically feasible or not.
specifically, as we suggested. that such expenditures be subject to audit
Sincerely yours,
by this Office, and that for that purpose we be given complete access to
ROBERT F. KELLER,
all records, files, and documents supporting reported expenditures. See
Acting Comptroller General
pp. 78-79 of the enclosed report.
of the United States.
With respect to specific provisions of the bill. WC offer the following
comments.
Section (1) would limit nonreimbursable assistance to the Secret
Service by Federal departments and agencies to "a period not to exceed
two weeks at any one location in any one year." We suggest that the
bill specify whether "one year" means a calendar year, a fiscal year, or
any twelve-month period. Also, it is not clear whether the two-week
limit at any one location applies separately to each person entitled to
protection under 18 U.S.C. 3056 or under the act of June 6, 1968, nor
whether a "location" is a city or a residence. These questions might
arise if, for example, there were visits in the same year to the same city
by various candidates for President and Vice President as well as by
the incumbent President and Vice President.
Section 2(2) allows any person designated under 18 U.S.C. 3056 or
under the act of June 6, 1968. to designate a non-Government property
to be secured by the Secret Service. Since a President and his immedi-
ate family are entitled to protection under 18 U.S.C. 3056, a Presi-
dent. his wife, and each of his children could under the bill each
designate a property not in Government ownership or control to be
protected at public expense.
The language of section 2(2) should perhaps be modified with re-
speet to reimbursement of certain costs where military equipment and
men are used. Protection of the President may, for example, involve
the use of Coast Guard vessels. It would not seem necessary or desir-
able that the Secret Service be required to reimburse the Coast Guard
for crew and operating expenses, including depreciation, of the Coast
Guard vessel. We take such a position on page 74 of the enclosed
report.
STATEMENTS UNDER CLAUSE 2(1) (3) OF RULE XI OF
THE RULES OF THE HOUSE OF REPRESENTATIVES
A
OVERSIGHT STATEMENT
This report embodies the findings and recommendations of the Sub-
committee on Administrative Law and Governmental Relations pur-
suant to its oversight responsibility over protective functions of the
Secret Service and related activities of the other Federal departments
and agencies under Rule VI(b) of the Rules of the Committee on the
Judiciary. They are:
(1) That Federal departments and agencies, in assisting the Secret
Service in protective functions under section 3056 of Title 18 and
under section 1 of Public Law 90-331 shall provide:
(a) Services, equipment and facilities with reimbursement on
a temporary basis except that the Departments of Defense and
Coast Guard may provide such assistance without reimbursement
when directly related to the protection of the President or Vice
President of the United States;
(b) Upon advance written request of the Director of the Secret
Service and upon reimbursement by the Secret Service of actual
costs, the facilities, equipment and services required to provide
full time security at no more than one property not in Govern-
ment ownership or control designated by a person entitled to
protection:
(c) Upon advance written request of the Director of the Secret
Service and conditioned on reimbursement, facilities, equipment
and services on any other nongovernmental property utilized by
a person entitled to protection, to the extent that the expenditures
do not exceed $10,000, unless otherwise authorized by law.
(2) A Secret Service permanent guard detail and permanent instal-
lations. facilities, and equipment relating to nongovernment property
utilized by persons entitled to protection under law should be limited
to a single non-government owned property designated by a protectee
in accordance with law.
(3) Facilities, equipment and services referred to above should be
purchased and contracted for under the provisions of the Federal Prop-
erty and Administrative Services Act of 1949, and can only be pro-
cured by officers or employees of the Federal Government duly author-
ized by the Director of the Secret Service.
(4) All improvements or other items acquired pursuant to the fore-
going requirements shall remain the property of the United States and
be disposed of only in connection with applicable law.
(15)
16
and without written requests for periods of no more than 2
(5) Except as otherwise provided by law, expenditures for protec-
weeks at any one location in one year.
tive functions by the Secret Service shall be from funds specifically
4. Provide that upon the transfer of private property when
appropriated to the Secret Service for that purpose.
Government expenditures have been made, or upon the term-
(6) Expenditures for protective functions should be the subject of
ination of entitlement to Secret Service protection, the Fed-
reports to the relevant committees of the Congress and such expendi-
eral Government shall be entitled to reimbursement in an
tures shall be subject to General Accounting Office audit.
amount by which such expenditures, if not otherwise recov-
erable, have increased the fair market value of the property
B
as of the date of such transfer or termination.
5. Require procurements to be made in accordance with
BUDGET STATEMENT
appropriate procurement statutes and regulations.
Clause 2(1) (3) (B) of Rule XI is not yet applicable bccause there
6. Prohibit the commitment of Government funds by non-
is as yet no Congressional Budget Resolution.
Government personnel.
7. Require that all improvements be removed upon ter-
C
mination of the protection requirement, if economically feas-
ible.
No estimate or comparison from the Director of the Congressional
8. Upon adoption of the above recommendations, repeal
Budget Office was received.
section 2 of Public Law 90-331, which has been interpreted
D
by GSA as leaving it open to unlimited expenditures, and by
the Secret Service as giving that agency unlimited authority
Under Clause 2(1) (3) (D) of Rule XI, the findings and recommen-
to obligate the funds of other agencies.
dations of the Committee on Government Operations in its 1974 re-
port "Expenditure of Federal Funds in Support of Presidential
Properties",1 are as follows:
B. RECOMMENDATIONS REQUIRING
LEGISLATION
Congress should consider adopting legislation that more
explicitly sets forth the conditions under which the Secret
Service can expend public funds on private property and the
terms under which it can seek the assistance of other Federal
agencies. This legislation should:
1. Provide for the installation and maintenance of perma-
nent security and administrative support facilities at no more
than one principal property at a time, such property to be
designated by the person being protected. Control over the
expenditures would be achieved by:
(a) Requiring advance written requests by the Secret
Service for these expenditures except in emergencies.
(b) Requiring the Secret Service to fund all such ex-
penditures and to reimburse other agencies for services
and equipment they provide.
(c) Requiring reports to Congress every 6 months of
such expenditures.
2. Strictly limit expenditures for permanent security in-
stallations at any location other than the designated principal
property.
3. Permit the Secret Service to borrow equipment, person-
nel, and facilities from other agencies without reimbursement
1 Fifteenth Report by the Committee on Government Operations "Expenditure of Fed-
eral Funds in Support of Presidential Properties." (H. Rept. No. 93-1052, 93 Coug. 2d
Sess.) page 6.
STATEMENT UNDER CLAUSE 2(1) (4) OF RULE XI OF THE
RULES OF THE HOUSE OF REPRESENTATIVES CON-
CERNING ANY INFLATIONARY IMPACT IN PRICES
AND COSTS IN THE OPERATION OF THE NATIONAL
ECONOMY
This bill would not have an inflationary effect on the national econ-
omy because it does not authorize additional expenditures. As has
been explained under the explanation relating to cost, the bill provides
limitations and sets requirements relating to the protective functions
of the Secret Service. The purpose of the bill is to provide for specific
fiscal control and responsibility in the Secret Service which now is
charged by law to provide the protective functions referred to in the
bill. The bill would require adequate control and accounting for ex-
penditures now authorized by law.
(19)
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT 94-
1st Session
105 PART 2
PRESIDENTIAL PROTECTION ASSISTANCE ACT OF 1975
APRIL 22, 1975.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. BROOKS, from the Committee on Government Operations,
submitted the following
REPORT
[To accompany H.R. 1244]
The Committee on Government Operations, to whom was referred
the bill (H.R. 1244) to establish procedures and regulations for certain
protective services provided by the United States Secret Service,
having considered the same, reports favorably thereon with an amend-
ment and recommends that the bill as amended do pass.
The amendment strikes out all after the enacting clause and inserts
in lieu thereof a substitute text which appears in boldface roman in the
reported bill.
EXPLANATION OF AMENDMENT
Inasmuch as the amendment is a substitute for the entire bill, the
sections of the report which follow provide its explanation.
SUMMARY AND PURPOSE
H.R. 1244 is designed to correct certain deficiencies in existing law
and procedure relating to the security and protection of the President,
Vice President, their families and other persons whom the Secret
Service is directed to protect.
A detailed investigation by the Government Activities Subcom-
mittee of this committee in the 93d Congress of recent practices of the
Secret Service in providing protection at privately owned properties
showed that excesses and abuses have occurred in the expenditures of
funds which in part could be attributed to the indefiniteness of existing
laws governing such expenditures. Those laws contain no effective
controls or limitations. H.R. 1244 would give a statutory basis for
many of the recommendations which resulted from the investigation
38-006
and were adopted by this committee in its detailed report on the
the office complexes established in connection with those lo-
subject.1
cations. Of this, approximately $9.4 million has been for
In brief summary, the bill will do the following:
capital improvements, communications, maintenance, and
Centralize responsibility for the expenditure of funds for
administrative support, with the remaining $7.6 million for
protection in one agency-the U.S. Secret Service;
permanently assigned personnel.
Enable the Secret Service to obtain assistance from other
B. GSA paid for items allegedly for security that were not
departments and agencies but the Secret Service must reimburse
requested by the Secret Service and that served no security
the assisting agencies. (An exception is provided, however, for the
function.
Department of Defense and the Coast Guard in temporarily
C. Secret Service agreed to seek GSA payment for items
assisting in the protection of the President, Vice President,
procured by private persons not authorized to commit the
or the next in succession);
Government and for which the Secret Service had not ini-
Limit full-time security to only one privately owned property
tiated a request.
each which may be designated by the President and-other pro-
D. GSA procured items which cost far in excess of what
tectees; and
was required to meet security requests.
Place a limitation of $10,000 on expenditures on any other
E. GSA officials authorized Federal Government pay-
property not in Government ownership or control unless a
ment for goods and services ordered by non-Government
resolution of approval is adopted by the Committees on Appro-
personnel.
priations of the House and Senate, respectively.
F. Location of obligational authority and accounting re-
The bill also will-
sponsibility in separate agencies has resulted in a loss of
Require that all expenditures for protective purposes under
fiscal responsibility.
this Act be made by one agency, the Secret Service, in accordance
G. Secret Service used the assistance provisions of Public
with the Federal Property and Administrative Services Act and
Law 90-331 to shift many routine agency expenditures to
with payments made only for procurements by authorized officers
the budgets of other agencies.
or employees of the Federal Government;
H. Secret Service failed to develop fundamental managerial
Cause all improvements made to property or other items
controls over expenditures of Federal funds in providing
furnished to continue to be the property of the Government and
security at private properties.
with certain exceptions, after termination of protection, to be
I. Secret Service and GSA developed no procedures for
removed; and
handling requests from the Secret Service for expenditures
Require semiannual reports of expenditures be made to certain
by GSA.
congressional committees and to authorize the Comptroller Gen-
J. Undue haste to complete improvements at San Clemente
eral to audit such expenditures.
within 1 month resulted in grossly increased costs.
K. GSA constructed and equipped a $720,000 single
BACKGROUND-OVERSIGHT
purpose office complex on Coast Guard property adjacent to
the San Clemente estate.
This legislation grew out of an oversight investigation conducted
L. Excessive numbers of Government personnel are
by the Government Activities Subcommittee of the Committee on
Government Operations, in the 93d Congress into the expenditure of
permanently assigned to the San Clemente and Key Biscayne
locations.
Federal funds in support of Presidential properties. The subcommittee
had received information concerning Government expenditures on
M. Inadequate consideration has been given to apportion-
the private properties of then President Nixon at San Clemente,
ing costs on private property between the Federal Govern-
Calif., and Key Biscayne, Fla., going far beyond the legitimate needs
ment and the property owner.
N. There has been no limitation on the number of homes
of Presidential protection. In its report2 on the investigation, the
owned by a President which can be made secure.
committee's findings and recommendations requiring legislation were
stated as follows:
RECOMMENDATIONS REQUIRING LEGISLATION
FINDINGS
Congress should consider adopting legislation that more
A. The White House, the Secret Service, White House
explicitly sets forth the conditions under which the Secret
Communications Agency, Department of Transportation,
Service can expend public funds on private property and the
Department of Defense, and General Services Administra-
terms under which it can seek the assistance of other Federal
tion have spent $17 million in public funds in connection with
agencies. This legislation should:
President Nixon's three privately owned properties and at
1. Provide for the installation and maintenance of perma-
Expenditure of Federal Funds in Support of Presidential Properties." Fifteenth Report
nent security and administrative support facilities at no
by the Committee on Government Operations, 93d Cong., 2d sess, H. Rept. No. 93-1052.
= H. Rept. No. 93-1052, 93d Cong., 2d sess., dated May 20, 1974.
more than one principal property at a time, such property
H.R. 103
H.R. 103
5
to be designated by the person being protected. Control over
the expenditures would be achieved by:
COMMITTEE VOTE
a. Requiring advance written requests by the Secret
Service for these expenditures except in emergencies.
At a meeting of the full Committee on Government Operations-
b. Requiring the Secret Service to fund all such
on April 17, 1975, a quorum being present, H.R. 1244 as amended was.
expenditures and to reimburse other agencies for
approved by a vote of 35 ayes and nays.
services and equipment they provide.
c. Requiring reports to Congress every 6 months of
HEARINGS
such expenditures.
2. Strictly limit expenditures for permanent security
Hearings on H.R. 1244 were held by the Subcommittee on Legis-
installations at any location other than the designated
lation and National Security on April 10, 1975, at which time testimony
principal property.
was heard from representatives of the General Accounting Office,
3. Permit the Secret Service to borrow equipment, person-
the U.S. Secret Service, and the Department of Defense. The GAO
nel, and facilities from other agencies without reimbursement
and the Defense Department strongly supported the legislation. The
and without written requests for periods of no more than 2
Secret Service reported that passage of the legislation would have no
weeks at any one location in 1 year.
detrimental effect on its protective functions.
4. Provide that upon the transfer of private property when
Government expenditures have been made, or upon the
GENERAL STATEMENT
termination of entitlement to Secret Service protection, the
Federal Government shall be entitled to reimbursement in
This committee is well aware of the necessity of providing adequate.
an amount by which such expenditures, if not otherwise
protection to the President, Vice President, and others whom the
recoverable, have increased the fair market value of the
Congress has designated as protectees. There is no attempt nor any
property as of the date of such transfer or termination.
intention to limit the security to which they are entitled and which
5. Require procurements to be made in accordance with
they need.
appropriate procurement statutes and regulations.
Under the law (18 U.S.C. 3056) the U.S. Secret Service of the
6. Prohibit the commitment of Government funds by non-
Treasury Department is the Federal agency responsible for such
Government personnel.
protection. Over the years, it has performed its duties well and such
7. Require that all improvements be removed upon
tragedies or near tragedies as have occurred did not result from any
termination of the protection requirement, if economically
known deficiencies on its part.
feasible.
In the wake of the murder of Senator Robert F. Kennedy in 1968,
S. Upon adoption of the above recommendations, repeal
and with the memory of the assassination of President John F.
section 2 of Public Law 90-331, which has been interpreted
Kennedy still fresh, the authority of the Secret Service was enlarged
by GSA as leaving it open to unlimited expenditures, and by
to protect Presidential and Vice Presidential candidates as well as.
the Secret Service as giving that agency unlimited authority
the occupants of those high offices.3 The same resolution required
to obligate the funds of other agencies.
Federal departments and agencies, when requested by the Secret
Service, to assist the Service in the performance of its duties. No
Following the issuance of the committee's report by a vote of
limits nor guidelines were imposed on the assistance and no provision
36 ayes, 0 nays, and 2 present, Chairman Brooks introduced H.R.
for reimbursement was made. Thus, as the committee's investigation
11499 to carry out the recommendations of the committee. This bill
revealed, a number of agencies were called upon to expend funds for
was referred to the Judiciary Committee, which reported favorably
protection with no centralized accounting or responsibility for the
a clean bill (H.R. 17311), and it passed the House on December 16,
resulting outlays.
1974, on the Suspension Calendar. The Senate, however, did not have
The intent of this bill is to tighten loose procedures and to centralize
time to act before adjournment.
accounting and responsibility.
In the 94th Congress, Chairman Brooks introduced H.R. 1244
First, the assistance to be rendered by other Federal departments
which, under the new rules of the House, was referred to both the
and agencies must be at the request of the Director of the Secret
Judiciary Committee and the Committee on Government Operations.
Service or his authorized representative. This will avoid any repetition
In the Judiciary Committee, the bill was assigned to the Subcom-
of incidents where other Government agencies have made procure-
mittee on Administrative Law and Governmental Relations which
ments or rendered service to protectees at the request of other officials
held hearings; and was reported favorably by the full Judiciary
of the Government, often on an ad hoc basis and sometimes at the
Committee with amendments on March 20, 1975 (H. Rept. No.
request of private persons not part of the Government at all.
94-105).
The Secret Service is required to reimburse the assisting agencies.
In the Government Operations Committee, the bill was assigned
from the Service's own appropriated funds for the services, equipment,
to the Subcommittee on Legislation and National Security, which
and facilities which the assisting agencies supply. This will provide
held hearings and unanimously reported the bill to the full committee.
a substantial control on expenditures and provide the centralized
H.R. 105
Public Law 90-331, approved June 0, 1968.
H.R. 103
6
responsibility that is needed. Government agencies routinely reim-
if it is uneconomical to do SO. The General Accounting Office, with its
burse each other for the use of facilities or personnel, and this provision
expertness in this field, is designated to determine the increase in the
places no special burden on the Secret Service. No difficulty should
fair market value of the improvements or items not removed SO that
be found in reducing any form of assistance to dollars and cents SO
the Government can be fairly compensated for them. Title would
that the monetary basis of the assistance can be ascertained. Nor
then pass to the owner of the property as in a negotiated disposal of
should there be any special problem in projecting the amount of
surplus Government property.
assistance needed in any fiscal year for budgetary purposes as such
With the exception of the Defense Department and Coast Guard
projections are made by most Federal agencies. The Secret Service
expenditures noted above, the bill states the policy that all expendi-
also has its experience in operating under existing law since 1968 which
tures for protection under the act shall be from funds appropriated to
ABRARY
it may rely upon.
the Secret Service. This should remedy the serious condition found
The committee recognized that there were some occasions in which
during the committee's investigation where it was almost impossible
reimbursement may be impractical and exempted the Secret Service
to determine the extent of the outlays and, in many cases, who had
from having to reimburse the Defense Department and the Coast
authorized them.
Guard for such facilities, services, and equipment as they may provide
The reporting requirements contained in the bill will assure proper
in the protection of the President, Vice President, and the officer next
congressional oversight of the bill's provisions.
in order of Presidential succession. The agencies provide services and
Obviously these expenditures should not be excepted from auditing
protection for the Commander in Chief as part of their regular duties
by the Comptroller General, and the bill directs such an audit with
and such expenditures are a part of their operating budgets.
full access by the Comptroller to all records relating to such expendi-
It seems reasonable that only one private property designated by
tures.
each protectee be given full-time protection at any one time. This will
CONCLUSION
avoid an uneconomical use of manpower and equipment with long
interim periods of idleness in anticipation of a visit. It will also reduce
For the reasons stated above, the committee favors enactment of
the likelihood of personal enrichment by the Government's attention
this measure. It is exceedingly timely in that we are in the early stages
to and supervision of a series of private properties owned by any one
of a new Presidential administration and appropriations for protective
protectee.
purposes for fiscal year 1977 have not yet been enacted as of the report-
Federal agencies may only provide cumulative expenditures for full-
ing of this bill.
time security at private properties, other than the one designated
by each protectee, up to $10,000 for each property, unless both the
SECTION-BY-SECTION ANALYSIS OF H.R. 1244 WITH SUBCOMMITTEE
Committees on Appropriations of the House and Senate approve. This
AMENDMENTS
ceiling will provide a rational fiscal control without unduly hampering
the Service in obtaining needed protection at these other private
SECTION 1
properties.
The committee saw no reason why the Secret Service and the
The short title of the bill is "Presidential Protection Assistance Act
assisting Federal agencies should not make their purchases and enter
of 1975."
into contracts in accordance with the policies and procedures Congress
SECTION 2
has laid down in the Federal Property and Administrative Services
Act, and we so provide. The Property Act applies already to the
Federal departments and agencies are directed to assist the United
Secret Service but its provisions sometimes were not heeded in the
States Secret Service in the performance of its protective duties as
past, so this requirement was included in this bill to resolve any doubts
follows:
about coverage. We were not informed of any special reasons why
(1) Providing, at the request of the Secret Service, services, equip-
protective services and procurements should be handled differently.
ment, and facilities on a temporary basis with reimbursement therefor
Likewise, the requirement that procurements be made only by offi-
from the Secret Service. The Secret Service will not be required to
cers or employees authorized by the Director of the Secret Service to
reimburse the Department of Defense and the Const Guard, however,
make them is designed to prevent persons other than designated
when temporarily assisting in Secret Service duties directly related to
Government officials from committing the Federal Government to
the protection of the President, Vice President of the United States,
or other officer next in order of succession to the office of Président.
expenditures, as the investigations of the committee noted had
occurred in connection with Presidential properties.
(2) Providing, upon written request of the Secret Service and on R
reimbursable basis, such facilities, equipment, and services as the
To avoid any possible misunderstanding, the bill directs that im-
Service needs to provide full-time security for each person the Service
provements and other items acquired for protective purposes shall
continue to be the property of the Federal Government and not, by
is required to protect, but at no more than one property at a time which
is not in Government ownership or control, and such property having
default of action or otherwise, become the property of the owner of the
been designated by a President, President-elect, former President, or
private property where placed. A procedure is devised calling for the
any other person entitled to protection as the one property to be
removal of the improvements or items upon termination of protection
secured. Where more than one family member is eligible for protection,
or designation of a different property, with alternative arrangements
only one such designated property is allowed per family. However,
H.R. 105
H.R. 103
SECTION 7
this limitation shall not be construed to apply to members of the
immediate family who do not permanently reside with the person
The expenditures made under this Act are required to be from funds
entitled to protection.
specifically appropriated to the Secret Service for carrying out the
(3) Providing, upon written request and on a reimbursable basis
provisions of the Act, except that the expenditures of the Depart-
therefor, facilities, equipment, and services as are required by the
ment of Defense and the Coast Guard, which are exempted from being
Secret Service to provide full-time security at a property not designated
reimbursed to the Secret Service in section 2(1), may be from funds
under the previous section and not in Government ownership or
appropriated to the Department of Defense and the Coast Guard.
control to the extent that such expenditures therefore do not altogether
Any public funds not appropriated as specified above shall not be used
exceed $10,000 at any one property owned, leased, occupied, or
to secure any non-Government-owned property utilized by persons
otherwise utilized by persons entitled to protection unless such ex-
entitled to protection under the specified laws.
penditures are approved by resolutions adopted by the Committees
on Appropriations of the House and Senate, respectiv ely.
SECTION 8
The Director of the Secret Service, the Secretary of Defense, and the
SECTION 3
Commandant of the Coast Guard are required to transmit a detailed
The expenditures by the Secret Service for maintaining a perma-
report of expenditures made under this act to the Committees on Ap-
nent guard detail and for permanent facilities, equipment, and serv-
propriations, Judiciary, and Government Operations of the House and
ices needed to secure non-Government property of those entitled to
the Senate on March 31 and September 30 of each year.
protection shall be limited to the properties designated as the property
to be secured under section 2(2) or such other property covered by
SECTION 9
section 2(3) above.
Expenditures under this act shall be subject to audit by the Comp-
SECTION 4
troller General. who shall have access to all records relating to such
This section restates, for emphasis, current law that purchases and
expenditures. He is required to transmit a report of the results of any
contracts entered into pursuant to sections 2(2), 2(3), and 3 above shall
audit that he makes to the committees listed in the previous section.
be made in accordance with the provisions of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
SECTION 10
SECTION 5
The language in section 2 of Public Law 90-331, which directs
Federal departments and agencies to assist the Secret Service unless
Payments are forbidden for services, equipment, or facilities
such authority is revoked by the President, is repealed. That language
ordered, purchased, leased, or otherwise procured by persons who are
contained no limits on the assistance the departments and agencies
not officers or employees of the Federal Government duly authorized
were required to provide nor did it require the Secret Service to reim-
by the Director of the Secret Service to make such procurements.
burse them for such assistance. The provisions of H.R. 1244 continue
the authority of the Secret Service to obtain assistance from other
SECTION 6
departments and agencies, but with appropriate limits and fiscal
controls.
All improvements made to property and other items acquired under
COST ESTIMATE
this Act shall be the property of the Federal Government. When a
person is no longer entitled to protection or designates a different
This bill places limitations on expenditures authorized by law and,
property to be secured, all improvements or other items shall be
of itself, should not create any additional costs except those that may
removed from the original property unless the Secret Service deter-
be associated with the preparation of reports and the transfer of funds
mines that it is economically unfeasible to do SO. However, the
between agencies. These costs should be minimal.
improvements and other items shall be removed and the property
restored to its original state, regardless of the determination of eco-
REVIEW OF EXISTING LAW
nomic unfeasibility, if the owner of the property at the time of the
termination of protection requests removal. If the improvements or
In compliance with subdivision (A) of clause 2(1)(3) of House Rule
other items are not removed and are to remain a part of the private
XI, the Subcommittee on Legislation and National Security of this
property, the owner of the property at the time protection is termi-
committee reviewed the application and administration of the laws
nated for the property shall compensate the Government for the
relating to the protection of the President, the Vice President, and
original cost of such improvements or other items, or the amount
certain other persons, and the organization and operation of Federal
which they have increased the fair market value of the property as
agencies responsible for such protection, and the committee deter-
determined by the General Accounting Office as of the date of transfer
mined that legislation should be enacted in the manner set forth in
of protection to another property or termination of protection by the
the bill.
Secret Service, whichever is less.
H.R. 103
H.R. 105
ESTIMATES OF THE CONGRESSIONAL BUDGET OFFICE
With respect to subdivision (C) of clause 2(1)(3) of House Rule XI,
the committee advises that no estimate or comparison has been pre-
pared by the Director of the Congressional Budget Office relative to
any of the provisions of H.R. 1244,
INFLATIONARY IMPACT
In compliance with clause 2(1) (4) of House Rule XI, this legislation
will have no inflationary impact on prices and costs in the operation
of the national economy.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3 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, existing law in which no change is proposed
is shown in roman):
JOINT RESOLUTION OF JUNE 6, 1968
JOINT RESOLUTION To authorize the United States Sccret Service to furnish
protection to major presidential or vice presidential candidates
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) the United States
Secret Service, in addition to other duties now provided by law, is
authorized to furnish protection to persons who are determined from
time to time by the Secretary of the Treasury, after consultation with
the advisory committee, as being major presidential or vice presidential
candidates who should receive such protection (unless the candidate
has declined such protection).
(b) The advisory committee referred to in subsection (a) shall
consist of the Speaker of the House of Representatives, the minority.
leader of the House of Representatives, the majority leader of the
Senate. the minority leader of the Senate and one additional member
selected by the other members of the committee.
[SEC. 2. Hereafter, when requested by the Director of the United
States Secret Service, Federal Departments and agencies, unless such
authority is revoked by the President, shall assist the Secret Service
in the performance of its protective duties under section 3056 of title
18 of the United States Code and the first section of this joint
resolution.
SEC. 3. For necessary expenses of carrying out the provisions of
this resolution, there is hereby appropriated out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending June
30, 1968, the sum of $400,000.
H.R. 103
OF
DEPARTMENT THE 1789 TREASURY
THE
THE DEPARTMENT OF THE TREASURY
WASHINGTON, D.C. 20220
ASSISTANT SECRETARY
May 20, 1975
MEMORANDUM FOR: The Honorable Philip W. Buchen
Counsel to the President
FROM:
David R. Macdonald /s/David R. Macdonald
Assistant Secretary (Enforcement,
Operations, and Tariff Affairs)
SUBJECT:
Revised Presidential Candidate
Protection Guidelines
As a result of a suggestion from Donald Rumsfeld,
we have revised our Presidential candidate protection
guidelines to base them upon the Campaign Reform Act
of 1974, rather than upon the results of national
preference polls. It was thought that this touch-
stone would be less subject to partisan misuse. I
enclose a copy of the revised guidelines, therefore,
as well as a memorandum of explanation.
We have now received inquiries concerning protec-
tion from Senators Fred Harris and Henry Jackson. It
does appear that the pressure is beginning to build for
the formation of the Advisory Committee and the consid-
eration of protective guidelines.
Attachments