Enabling Act 2006

House Report 109-333 - USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005


SEC. 605. 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 an 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-

(1) 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'.

(2) The State Department Basic Authorities Act of 1956 is amended--

(A) 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';

(B) 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

(C) 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'.

(3) 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'.

(4) 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'.
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