Secret Service Authorization and Technical Modification Act of 2005

Section 1752 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) by amending paragraph (1) to read as follows:

(1) willfully and knowingly to enter or remain in any posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting;

(B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;

(C) by inserting after paragraph (1) the following new paragraph:

(2) willfully and knowingly to enter or remain in any posted, cordoned off, or otherwise restricted area of a building or grounds so restricted in conjunction with an event designated as a special event of national significance;

(D) in paragraph (3), as redesignated by subparagraph (B)—

(i) by inserting willfully, knowingly, and before with intent to impede or disrupt;

(ii) by striking designated and inserting described; and

(iii) by inserting or (2) after paragraph (1);

(E) in paragraph (4), as redesignated by subparagraph (B)—

(i) by striking designated or enumerated and inserting described; and

(ii) by inserting or (2) after paragraph (1); and

(F) in paragraph (5), as redesignated by subparagraph (B)—

(i) by striking designated or enumerated and inserting described; and

(ii) by inserting or (2) after paragraph (1);

(2) by amending subsection (b) to read as follows:

(b) Violation of this section, and attempts or conspiracies to commit such violations, shall be punishable by—

(1) a fine under this title or imprisonment for not more than 10 years, or both, if the offense is committed while in possession of a deadly or dangerous weapon, or results in bodily injury; and

(2) a fine under this title or imprisonment for not more than one year, or both, in any other case.; and

(3) by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

(1) The heading of such section is amended to read as follows:

(2) The item relating to such section in the table of sections at the beginning of chapter 84 of such title is amended to read as follows:

(1) in subsection (a)(6), by inserting or a sponsoring entity of an event designated as a special event of national significance after States;

(2) in subsection (c)(1), by inserting or a sponsoring entity of an event designated as a special event of national significance after States;

(3) in subsection (d)(3), by inserting a sponsoring entity of an event designated as a special event of national significance, after political subdivision of a State,; and

(4) in each of subsections (d)(4)(B) and (d)(6)(B), by inserting a sponsoring entity of an event designated by the President as a special event of national significance, after political subdivision of a State,.

Chapter 203 of title 18, United States Code, is amended by inserting after section 3056 the following:

(a) There is hereby created and established a permanent police force, to be known as the United States Secret Service Uniformed Division. Subject to the supervision of the Secretary of Homeland Security, the United States Secret Service Uniformed Division shall perform such duties as the Director, United States Secret Service, may prescribe in connection with the protection of the following:

(1) The White House in the District of Columbia.

(2) Any building in which Presidential offices are located.

(3) The Treasury Building and grounds.

(4) The President, the Vice President (or other officer next in the order of succession to the Office of President), the President-elect, the Vice President-elect, and their immediate families.

(5) Foreign diplomatic missions located in the metropolitan area of the District of Columbia.

(6) The temporary official residence of the Vice President and grounds in the District of Columbia.

(7) Foreign diplomatic missions located in metropolitan areas (other than the District of Columbia) in the United States where there are located twenty or more such missions headed by full-time officers, except that such protection shall be provided only—

(A) on the basis of extraordinary protective need;

(B) upon request of the affected metropolitan area; and

(C) when the extraordinary protective need arises at or in association with a visit to— except that such protection may also be provided for motorcades and at other places associated with any such visit and may be extended at places of temporary domicile in connection with any such visit.

(i) a permanent mission to, or an observer mission invited to participate in the work of, an international organization of which the United States is a member; or

(ii) an international organization of which the United States is a member;

(8) Foreign consular and diplomatic missions located in such areas in the United States, its territories and possessions, as the President, on a case-by-case basis, may direct.

(9) Visits of foreign government officials to metropolitan areas (other than the District of Columbia) where there are located twenty or more consular or diplomatic missions staffed by accredited personnel, including protection for motorcades and at other places associated with such visits when such officials are in the United States to conduct official business with the United States Government.

(10) Former Presidents and their spouses, as provided in section 3056(a)(3) of title 18.

(11) An event designated under section 3056(e) of title 18 as a special event of national significance.

(12) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates, as provided in section 3056(a)(7) of title 18.

(13) Visiting heads of foreign states or foreign governments.

(1) Under the direction of the Director of the Secret Service, members of the United States Secret Service Uniformed Division are authorized to—

(A) carry firearms;

(B) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and

(C) perform such other functions and duties as are authorized by law.

(2) Members of the United States Secret Service Uniformed Division shall possess privileges and powers similar to those of the members of the Metropolitan Police of the District of Columbia.

(c) Members of the United States Secret Service Uniformed Division shall be furnished with uniforms and other necessary equipment.

(d) In carrying out the functions pursuant to paragraphs (7) and (9) of subsection (a), the Secretary of Homeland Security may utilize, with their consent, on a reimbursable basis, the services, personnel, equipment, and facilities of State and local governments, and is authorized to reimburse such State and local governments for the utilization of such services, personnel, equipment, and facilities. The Secretary of Homeland Security may carry out the functions pursuant to paragraphs (7) and (9) of subsection (a) by contract. The authority of this subsection may be transferred by the President to the Secretary of State. In carrying out any duty under paragraphs (7) and (9) of subsection (a), the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State Department Basic Authorities Act of 1956.

The table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3056 the following new item:

Chapter 3 of title 3, United States Code, is repealed.

(1) Section 1537(d) of title 31, United States Code, is amended—

(A) by striking and the Executive Protective Service and inserting and the Secret Service Uniformed Division; and

(B) by striking their protective duties and all that follows and inserting their protective duties under sections 3056 and 3056A of title 18.

(2) Section 204(e) of the State Department Basic Authorities Act (sec. 6–1304(e), D.C. Official Code) is amended by striking section 202 of title 3, United States Code, or section 3056 and inserting sections 3056 or 3056A.

(3) Section 214(a) of the State Department Basic Authorities Act (sec. 6–1313(a), D.C. Official Code) is amended by striking sections 202(8) and 208 of title 3 and inserting section 3056A(a)(7) and (d) of title 18.

Title 12, United States Code, section 3414, Special procedures, is amended by striking 3 U.S.C. 202 in subsection (a)(1)(B) and inserting 18 U.S.C. 3056A.

(f) The State Department Basic Authorities Act of 1956 is amended—

(1) in the first sentence of section 37(c) (22 U.S.C. 2709(c)), by striking section 202 of title 3, United States Code, or section 3056 of title 18, United States Code and inserting section 3056 or 3056A of title 18, United States Code;

(2) in section 204(e) (22 U.S.C. 4304(e)), by striking section 202 of title 3, United States Code, or section 3056 of title 18, United States Code and inserting section 3056 or 3056A of title 18, United States Code; and

(3) in section 214(a) (22 U.S.C. 4314(a)), by striking sections 202(7) and 208 of title 3, United States Code and inserting subsections (a)(7) and (d) of section 3056A of title 18, United States Code.

(g) Section 8D(a)(1)(F) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking section 202 of title 3 and inserting section 3056A of title 18.

(h) Section 8I(a)(1)(E) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking section 202 of title 3 and inserting section 3056A of title 18.

This Act does not affect the retirement benefits of current employees or annuitants that existed on the day before the effective date of this Act.

This Act does not affect any Executive Order transferring to the Secretary of State the authority of section 208 of title 3 (now section 3056A(d) of title 18) in effect on the day before the effective date of this Act.

(g) The United States Secret Service shall be maintained as a distinct entity within the Department of Homeland Security and shall not be merged with any other Department function. No personnel and operational elements of the United States Secret Service shall report to an individual other than the Director of the United States Secret Service, who shall report directly to the Secretary of Homeland Security without being required to report through any other official of the Department.

Section 3056(a)(7) of title 18, United States Code, is amended by inserting The committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). after other members of the Committee..

Section 105 of Public Law 107–56 (18 U.S.C. 3056 note) is amended by inserting The electronic crimes task forces shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). after financial payment systems..