[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1967 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1967

    To amend title 18, United States Code, with respect to certain 
       activities of the Secret Service, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2005

  Mr. Specter introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, with respect to certain 
       activities of the Secret Service, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secret Service Authorization and 
Technical Modification Act of 2005''.

SEC. 2. INTERFERENCE WITH NATIONAL SPECIAL SECURITY EVENTS.

    (a) In General.--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.
    (b) Clerical Amendment.--(1) The heading of such section is amended 
to read as follows:
``Sec. 1752. Restricted building or grounds''.
    (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:

``1752. Restricted building or grounds.''.

SEC. 3. FALSE CREDENTIALS TO NATIONAL SPECIAL SECURITY EVENTS.

    Section 1028 of title 18, United States Code, is amended--
            (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,''.

SEC. 4. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND EXPLOITED 
              CHILDREN CASES.

    Section 3056(f) of title 18, United States Code, is amended by 
striking ``officers and agents of the Secret Service are'' and 
inserting ``the Secret Service is''.

SEC. 5. TRANSFER OF THE UNIFORMED DIVISION, UNITED STATES SECRET 
              SERVICE.

    (a) In General.--Chapter 203 of title 18, United States Code, is 
amended by inserting after section 3056 the following:
``Sec. 3056A. Powers, authorities, and duties of United States Secret 
              Service Uniformed Division
    ``(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--
                            ``(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;
                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.
            ``(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.
    ``(b)(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.''.
    (b) Amendment to Table of Sections.--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:

``3056A. Powers, authorities, and duties of United States Secret 
                            Service Uniformed Division.''.
    (c) Conforming Repeal to Effectuate Transfer.--Chapter 3 of title 
3, United States Code, is repealed.
    (d) Conforming Amendments to Laws Affecting District of Columbia.--
(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''.
    (e) Additional Conforming Amendments.--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''.

SEC. 6. SAVINGS PROVISIONS.

    (a) Retirement Benefits.--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.
    (b) Authority of Secretary of State.--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.

SEC. 7. MAINTENANCE AS DISTINCT ENTITY.

    Section 3056 of title 18, United States Code, is amended by adding 
the following at the end of the section:
    ``(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.''.

SEC. 8. EXEMPTIONS FROM THE FEDERAL ADVISORY COMMITTEE ACT.

    (a) Advisory Committee Regarding Protection of Major Presidential 
and Vice Presidential Candidates.--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.''.
    (b) Electronic Crimes Task Forces.--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.''.
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