II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secret Service Author5 ization and Technical Modification Act of 2005’’. 

6 SEC. 2. INTERFERENCE WITH NATIONAL SPECIAL SECU7 RITY EVENTS. 

8 (a) IN GENERAL.—Section 1752 of title 18, United 

9 States Code, is amended— 

10 (1) in subsection (a)— 
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1 (A) by amending paragraph (1) to read as 

2 follows: 

3 ‘‘(1) willfully and knowingly to enter or remain 

4 in any posted, cordoned off, or otherwise restricted 

5 area of a building or grounds where the President 

6 or other person protected by the Secret Service is or 

7 will be temporarily visiting;’’; 

8 (B) by redesignating paragraphs (2), (3), 

9 and (4) as paragraphs (3), (4), and (5), respec10 tively; 

11 (C) by inserting after paragraph (1) the 

12 following new paragraph: 

13 ‘‘(2) willfully and knowingly to enter or remain 

14 in any posted, cordoned off, or otherwise restricted 

15 area of a building or grounds so restricted in con16 junction with an event designated as a special event 

17 of national significance;’’; 

18 (D) in paragraph (3), as redesignated by 

19 subparagraph (B)— 

20 (i) by inserting ‘‘willfully, knowingly, 

21 and’’ before ‘‘with intent to impede or dis22 rupt’’; 

23 (ii) by striking ‘‘designated’’ and in24 serting ‘‘described’’; and 
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1 (iii) by inserting ‘‘or (2)’’ after ‘‘para2 graph (1)’’; 

3 (E) in paragraph (4), as redesignated by 

4 subparagraph (B)— 

5 (i) by striking ‘‘designated or enumer6 ated’’ and inserting ‘‘described’’; and 

7 (ii) by inserting ‘‘or (2)’’ after ‘‘para8 graph (1)’’; and 

9 (F) in paragraph (5), as redesignated by 

10 subparagraph (B)— 

11 (i) by striking ‘‘designated or enumer12 ated’’ and inserting ‘‘described’’; and 

13 (ii) by inserting ‘‘or (2)’’ after ‘‘para14 graph (1)’’; 

15 (2) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) Violation of this section, and attempts or con18 spiracies to commit such violations, shall be punishable 

19 by— 

20 ‘‘(1) a fine under this title or imprisonment for 

21 not more than 10 years, or both, if the offense is 

22 committed while in possession of a deadly or dan23 gerous weapon, or results in bodily injury; and 
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1 ‘‘(2) a fine under this title or imprisonment for 

2 not more than one year, or both, in any other case.’’; 

3 and 

4 (3) by striking subsection (d) and redesignating 

5 subsections (e) and (f) as subsections (d) and (e), 

6 respectively. 

7 (b) CLERICAL AMENDMENT.—(1) The heading of 

8 such section is amended to read as follows: 

9 ‘‘§ 1752. Restricted building or grounds’’. 

10 (2) The item relating to such section in the table of 

11 sections at the beginning of chapter 84 of such title is 

12 amended to read as follows: 

‘‘1752. Restricted building or grounds.’’. 

13 SEC. 3. FALSE CREDENTIALS TO NATIONAL SPECIAL SECU14 RITY EVENTS. 

15 Section 1028 of title 18, United States Code, is 

16 amended— 

17 (1) in subsection (a)(6), by inserting ‘‘or a 

18 sponsoring entity of an event designated as a special 

19 event of national significance’’ after ‘‘States’’; 

20 (2) in subsection (c)(1), by inserting ‘‘or a 

21 sponsoring entity of an event designated as a special 

22 event of national significance’’ after ‘‘States’’; 

23 (3) in subsection (d)(3), by inserting ‘‘a spon24 soring entity of an event designated as a special 
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1 event of national significance,’’ after ‘‘political sub2 division of a State,’’; and 

3 (4) in each of subsections (d)(4)(B) and 

4 (d)(6)(B), by inserting ‘‘a sponsoring entity of an 

5 event designated by the President as a special event 

6 of national significance,’’ after ‘‘political subdivision 

7 of a State,’’. 

8 SEC. 4. FORENSIC AND INVESTIGATIVE SUPPORT OF MISS9 ING AND EXPLOITED CHILDREN CASES. 

10 Section 3056(f) of title 18, United States Code, is 

11 amended by striking ‘‘officers and agents of the Secret 

12 Service are’’ and inserting ‘‘the Secret Service is’’. 

13 SEC. 5. TRANSFER OF THE UNIFORMED DIVISION, UNITED 

14 STATES SECRET SERVICE. 

15 (a) IN GENERAL.—Chapter 203 of title 18, United 

16 States Code, is amended by inserting after section 3056 

17 the following: 

18 ‘‘§ 3056A. Powers, authorities, and duties of United 

19 States Secret Service Uniformed Division 

20 ‘‘(a) There is hereby created and established a per21 manent police force, to be known as the ‘United States 

22 Secret Service Uniformed Division’. Subject to the super23 vision of the Secretary of Homeland Security, the United 

24 States Secret Service Uniformed Division shall perform 

25 such duties as the Director, United States Secret Service, 
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1 may prescribe in connection with the protection of the fol2 lowing: 

3 ‘‘(1) The White House in the District of Colum4 bia. 

5 ‘‘(2) Any building in which Presidential offices 

6 are located. 

7 ‘‘(3) The Treasury Building and grounds. 

8 ‘‘(4) The President, the Vice President (or 

9 other officer next in the order of succession to the 

10 Office of President), the President-elect, the Vice 

11 President-elect, and their immediate families. 

12 ‘‘(5) Foreign diplomatic missions located in the 

13 metropolitan area of the District of Columbia. 

14 ‘‘(6) The temporary official residence of the 

15 Vice President and grounds in the District of Co16 lumbia. 

17 ‘‘(7) Foreign diplomatic missions located in 

18 metropolitan areas (other than the District of Co19 lumbia) in the United States where there are located 

20 twenty or more such missions headed by full-time of21 ficers, except that such protection shall be provided 

22 only— 

23 ‘‘(A) on the basis of extraordinary protec24 tive need; 
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1 ‘‘(B) upon request of the affected metro2 politan area; and 

3 ‘‘(C) when the extraordinary protective 

4 need arises at or in association with a visit to— 

5 ‘‘(i) a permanent mission to, or an ob6 server mission invited to participate in the 

7 work of, an international organization of 

8 which the United States is a member; or 

9 ‘‘(ii) an international organization of 

10 which the United States is a member; 

11 except that such protection may also be pro12 vided for motorcades and at other places associ13 ated with any such visit and may be extended 

14 at places of temporary domicile in connection 

15 with any such visit. 

16 ‘‘(8) Foreign consular and diplomatic missions 

17 located in such areas in the United States, its terri18 tories and possessions, as the President, on a case19 by-case basis, may direct. 

20 ‘‘(9) Visits of foreign government officials to 

21 metropolitan areas (other than the District of Co22 lumbia) where there are located twenty or more con23 sular or diplomatic missions staffed by accredited 

24 personnel, including protection for motorcades and 

25 at other places associated with such visits when such 
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1 officials are in the United States to conduct official 

2 business with the United States Government. 

3 ‘‘(10) Former Presidents and their spouses, as 

4 provided in section 3056(a)(3) of title 18. 

5 ‘‘(11) An event designated under section 

6 3056(e) of title 18 as a special event of national sig7 nificance. 

8 ‘‘(12) Major Presidential and Vice Presidential 

9 candidates and, within 120 days of the general Pres10 idential election, the spouses of such candidates, as 

11 provided in section 3056(a)(7) of title 18. 

12 ‘‘(13) Visiting heads of foreign states or foreign 

13 governments. 

14 ‘‘(b)(1) Under the direction of the Director of the Se15 cret Service, members of the United States Secret Service 

16 Uniformed Division are authorized to— 

17 ‘‘(A) carry firearms; 

18 ‘‘(B) make arrests without warrant for any of19 fense against the United States committed in their 

20 presence, or for any felony cognizable under the laws 

21 of the United States if they have reasonable grounds 

22 to believe that the person to be arrested has com23 mitted or is committing such felony; and 

24 ‘‘(C) perform such other functions and duties 

25 as are authorized by law. 
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1 ‘‘(2) Members of the United States Secret Service 

2 Uniformed Division shall possess privileges and powers 

3 similar to those of the members of the Metropolitan Police 

4 of the District of Columbia. 

5 ‘‘(c) Members of the United States Secret Service 

6 Uniformed Division shall be furnished with uniforms and 

7 other necessary equipment. 

8 ‘‘(d) In carrying out the functions pursuant to para9 graphs (7) and (9) of subsection (a), the Secretary of 

10 Homeland Security may utilize, with their consent, on a 

11 reimbursable basis, the services, personnel, equipment, 

12 and facilities of State and local governments, and is au13 thorized to reimburse such State and local governments 

14 for the utilization of such services, personnel, equipment, 

15 and facilities. The Secretary of Homeland Security may 

16 carry out the functions pursuant to paragraphs (7) and 

17 (9) of subsection (a) by contract. The authority of this 

18 subsection may be transferred by the President to the Sec19 retary of State. In carrying out any duty under para20 graphs (7) and (9) of subsection (a), the Secretary of 

21 State is authorized to utilize any authority available to the 

22 Secretary under title II of the State Department Basic 

23 Authorities Act of 1956.’’. 

24 (b) AMENDMENT TO TABLE OF SECTIONS.—The 

25 table of sections at the beginning of chapter 203 of title 
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1 18, United States Code, is amended by inserting after the 

2 item relating to section 3056 the following new item: 

‘‘3056A. Powers, authorities, and duties of United States Secret Service Uniformed Division.’’. 

3 (c) CONFORMING REPEAL TO EFFECTUATE TRANS4 FER.—Chapter 3 of title 3, United States Code, is re5 pealed. 

6 (d) CONFORMING AMENDMENTS TO LAWS AFFECT7 ING DISTRICT OF COLUMBIA.—(1) Section 1537(d) of 

8 title 31, United States Code, is amended— 

9 (A) by striking ‘‘and the Executive Protective 

10 Service’’ and inserting ‘‘and the Secret Service Uni11 formed Division’’; and 

12 (B) by striking ‘‘their protective duties’’ and all 

13 that follows and inserting ‘‘their protective duties 

14 under sections 3056 and 3056A of title 18.’’ 

15 (2) Section 204(e) of the State Department Basic 

16 Authorities Act (sec. 6–1304(e), D.C. Official Code) is 

17 amended by striking ‘‘section 202 of title 3, United States 

18 Code, or section 3056’’ and inserting ‘‘sections 3056 or 

19 3056A’’. 

20 (3) Section 214(a) of the State Department Basic 

21 Authorities Act (sec. 6–1313(a), D.C. Official Code) is 

22 amended by striking ‘‘sections 202(8) and 208 of title 3’’ 

23 and inserting ‘‘section 3056A(a)(7) and (d) of title 18’’. 
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1 (e) ADDITIONAL CONFORMING AMENDMENTS.—Title 

2 12, United States Code, section 3414, ‘‘Special proce3 dures’’, is amended by striking ‘‘3 U.S.C. 202’’ in sub4 section (a)(1)(B) and inserting ‘‘18 U.S.C. 3056A’’. 

5 (f) The State Department Basic Authorities Act of 

6 1956 is amended— 

7 (1) in the first sentence of section 37(c) (22 

8 U.S.C. 2709(c)), by striking ‘‘section 202 of title 3, 

9 United States Code, or section 3056 of title 18, 

10 United States Code’’ and inserting ‘‘section 3056 or 

11 3056A of title 18, United States Code’’; 

12 (2) in section 204(e) (22 U.S.C. 4304(e)), by 

13 striking ‘‘section 202 of title 3, United States Code, 

14 or section 3056 of title 18, United States Code’’ and 

15 inserting ‘‘section 3056 or 3056A of title 18, United 

16 States Code’’; and 

17 (3) in section 214(a) (22 U.S.C. 4314(a)), by 

18 striking ‘‘sections 202(7) and 208 of title 3, United 

19 States Code’’ and inserting ‘‘subsections (a)(7) and 

20 (d) of section 3056A of title 18, United States 

21 Code’’. 

22 (g) Section 8D(a)(1)(F) of the Inspector General Act 

23 of 1978 (5 U.S.C. App.) is amended by striking ‘‘section 

24 202 of title 3’’ and inserting ‘‘section 3056A of title 18’’. 
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1 (h) Section 8I(a)(1)(E) of the Inspector General Act 

2 of 1978 (5 U.S.C. App.) is amended by striking ‘‘section 

3 202 of title 3’’ and inserting ‘‘section 3056A of title 18’’. 

4 SEC. 6. SAVINGS PROVISIONS. 

5 (a) RETIREMENT BENEFITS.—This Act does not af6 fect the retirement benefits of current employees or annu7 itants that existed on the day before the effective date of 

8 this Act. 

9 (b) AUTHORITY OF SECRETARY OF STATE.—This 

10 Act does not affect any Executive Order transferring to 

11 the Secretary of State the authority of section 208 of title 

12 3 (now section 3056A(d) of title 18) in effect on the day 

13 before the effective date of this Act. 

14 SEC. 7. MAINTENANCE AS DISTINCT ENTITY. 

15 Section 3056 of title 18, United States Code, is 

16 amended by adding the following at the end of the section: 

17 ‘‘(g) The United States Secret Service shall be main18 tained as a distinct entity within the Department of 

19 Homeland Security and shall not be merged with any 

20 other Department function. No personnel and operational 

21 elements of the United States Secret Service shall report 

22 to an individual other than the Director of the United 

23 States Secret Service, who shall report directly to the Sec24 retary of Homeland Security without being required to re25 port through any other official of the Department.’’. 
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1 SEC. 8. EXEMPTIONS FROM THE FEDERAL ADVISORY COM2 MITTEE ACT. 

3 (a) ADVISORY COMMITTEE REGARDING PROTECTION

4 OF MAJOR PRESIDENTIAL AND VICE PRESIDENTIAL CAN5 DIDATES.—Section 3056(a)(7) of title 18, United States 

6 Code, is amended by inserting ‘‘The committee shall not 

7 be subject to the Federal Advisory Committee Act (5 

8 U.S.C. App.).’’ after ‘‘other members of the Committee.’’. 

9 (b) ELECTRONIC CRIMES TASK FORCES.—Section 

10 105 of Public Law 107–56 (18 U.S.C. 3056 note) is 

11 amended by inserting ‘‘The electronic crimes task forces 

12 shall not be subject to the Federal Advisory Committee 

13 Act (5 U.S.C. App.).’’ after ‘‘financial payment systems.’’. 

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