1.This Act may be cited as the
Secret Service Authorization and
Technical Modification Act of 2005
.
2.Interference with
national special security events
(a)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)(1)The heading of such
section is amended to read as follows:
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.
.
3.False credentials
to national special security eventsSection 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,
.
4.Forensic and
investigative support of missing and exploited children casesSection 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
.
5.Transfer of the
Uniformed Division, United States Secret Service
(a)Chapter 203 of title 18, United States Code, is amended
by inserting after section 3056 the following:
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 sectionsThe 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 transferChapter 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 amendmentsTitle 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
.
6.
(a)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 StateThis 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.
7.Maintenance as
distinct entitySection 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.
.
8.Exemptions from
the Federal Advisory Committee
Act
(a)Advisory
Committee regarding protection of Major Presidential and Vice Presidential
candidatesSection 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 forcesSection 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.
.