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Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Fairness for Homeowners Act of
2007''.

SEC. 2. ORIGINATIONS OF CONSUMER CREDIT TRANSACTIONS SECURED BY THE
CONSUMER'S PRINCIPAL DWELLING.

(a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.)
is amended by inserting after section 129 the following new section:
''Sec. 129A. Originations of consumer credit transactions secured by
the consumer's principal dwelling
''(a) Definitions.--For purposes of this section, the following
definitions shall apply:
''(1) Fully indexed rate.--The term 'fully indexed rate'
equals the index rate prevailing at the time a consumer credit
transaction secured by a consumer's principal dwelling is
originated, plus the margin that will apply after the
expiration of an introductory interest rate.
''(2) Mortgage broker.--The term 'mortgage broker' means
any person who is defined as a mortgage broker under applicable
State law.
''(b) Requirements for Originators.--
''(1) Ability to pay.--
''(A) In general.--No creditor or mortgage broker
may make, provide, or arrange for any consumer credit
transaction secured by a consumer's principal dwelling
without verifying the consumer's reasonable ability to
pay the scheduled payments of the following, as
applicable: principal; interest; real estate taxes;
homeowner's insurance, assessments, and mortgage
insurance premiums.
''(B) Variable interest rate.--In the case of any
consumer credit transaction secured by a consumer's
principal dwelling for which the applicable annual
percentage rate may vary over the life of the credit,
the reasonable ability to pay shall be determined, for
purposes of this paragraph, on the basis of a fully
indexed rate plus 200 basis points and a repayment
schedule which achieves full amortization over the life
of the extension of credit.
''(C) Verification of consumer income and financial
resources.--In the case of any consumer credit
transaction secured by a consumer's principal dwelling,
the income and financial resources of the consumer
shall be verified for purposes of this paragraph by tax
returns, payroll receipts, bank records, or other
similarly reliable documents.
''(D) Other criteria.--No provision of this
paragraph shall be construed as prohibiting reliance on
criteria other than a consumer's income and financial
resources to establish the reasonable ability of the
consumer to repay any consumer credit transaction
secured by the consumer's principal dwelling, to the
extent such other criteria are also verified through
reasonably reliable methods and documentation.
''(E) Consumer statement is insufficient proof.--A
statement by a consumer of the consumer's income or
financial resources shall not be sufficient to
establish the existence of any income or financial
resources when verifying the reasonable ability of the
consumer to repay any consumer credit transaction
secured by the consumer's principal dwelling, for
purposes of this paragraph.
''(2) Prohibition on steering.--No creditor or mortgage
broker may make, provide, or arrange for any consumer credit
transaction secured by a consumer's principal dwelling that is
of a lower investment grade if--
''(A) the consumer's credit score; or
''(B) comparable underwriting data, in any case in
which the creditor or mortgage broker does not utilize
credit scoring or a credit score for the consumer is
unavailable,
indicates that the borrower may qualify for a consumer credit
transaction, available from or through the creditor or mortgage
broker, that is of a higher investment grade.
''(3) Prohibition on prepayment penalties for arms.--
''(A) In general.--In the case of any consumer
credit transaction secured by a consumer's principal
dwelling that provides for variable rates of interest
on the credit extended under the transaction, the
transaction may not contain terms under which a
consumer must pay a prepayment penalty for paying all
or part of the principal before the date on which the
principal is due.
''(B) Exclusion for jumbo mortgages.--Subparagraph
(A) shall not apply to any consumer credit transaction
secured by a consumer's principal dwelling the
principal amount (as defined in subsection (c)(2)) of
which exceeds the maximum dollar amount limitation (for
a residence of the applicable size) on the amount of
the principal obligation of a mortgage for a 1- to 4-
family residence that may be purchased by the Federal
Home Loan Mortgage Corporation, as then in effect
pursuant to section 305(a)(2) of the Federal Home Loan
Mortgage Corporation Act.
''(c) Limitation on Financed Points, Charges, and Fees.--
''(1) In general.--No creditor or mortgage broker may, in
connection with any consumer credit transaction secured by the
consumer's principal dwelling, include in the principal amount
of such transaction any portion of any qualified finance charge
in excess of the amount which is equal to 5 percent of the
principal amount of the transaction.
''(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
''(A) Qualified finance charge.--The term
'qualified finance charge' means the sum of--
''(i) the finance charge as determined
under section 106, minus any interest and time
price differential; and
''(ii) all compensation paid to a mortgage
broker from any source in connection with this
transaction.
''(B) Principal amount.--The term 'principal
amount' means--
''(i) in the case of any consumer credit
transaction under an open end credit plan
secured by the consumer's principal dwelling,
the maximum amount of credit that may be
extended under the terms of such plan as
determined without taking into account any
amount included in determining the finance
charge under section 106; and
''(ii) in the case of any other consumer
credit transaction secured by a consumer's
principal dwelling, the amount financed (as
defined in section 138(a)(2)).
''(3) Prohibition on excessive finance charges.--No
creditor or mortgage broker may, in connection with any
consumer credit transaction secured by the consumer's principal
dwelling, impose or receive any amount included in determining
the qualified finance charge for such transaction that exceeds
the amount which is equal to 5 percent of the principal amount
of the transaction.
''(4) Exception.--This subsection shall not apply to any
consumer credit transaction secured by the consumer's principal
dwelling that is ensured or guaranteed by the Secretary of
Housing and Urban Development, the Secretary of Veterans
Affairs, or the Farmers Home Administration.
''(d) Mortgage Broker Duties of Agency.--
''(1) In general.--Any mortgage broker acting to obtain or
arrange for any consumer credit transaction secured by the
consumer's principal dwelling shall be considered to have an
agency relationship with the consumer in all cases by operation
of law and shall comply with the following duties:
''(A) Mortgage brokers shall act in the consumer's
best interest and in the utmost good faith toward each
consumer and shall not compromise a consumer's right or
interest in favor of another's right or interest,
including a right or interest of the mortgage broker.
''(B) A mortgage broker shall not accept, give, or
charge any undisclosed compensation or realize any
undisclosed remuneration, either through direct or
indirect means, that inures to the benefit of the
mortgage broker on an expenditure made for the
consumer.
''(C) Mortgage brokers shall carry out all lawful
instructions given by the consumer.
''(D) Mortgage brokers shall disclose to consumers
all material facts of which the mortgage broker has
knowledge which might reasonably affect the consumer's
rights, interests, or ability to receive the consumer's
intended benefit from the consumer credit transaction,
but not facts which are reasonably susceptible to the
knowledge of the consumer.
''(E) Mortgage brokers shall use reasonable care in
performing duties.
''(F) Mortgage brokers shall account to a consumer
for all the consumer's money and property received as
agent.
''(2) Scope.--The duty of agency between mortgage broker
and consumer applies when the mortgage broker is acting in the
capacity of mortgage broker providing mortgage brokerage
services with respect to any consumer credit transaction
secured by the consumer's principal dwelling for which the
broker is not the creditor.
''(3) Rules of construction.--
''(A) Fees for services rendered.--No provision of
this subsection shall be construed as prohibiting a
mortgage broker from contracting for or collecting a
fee for services rendered which had been disclosed to
the consumer in advance of the provision of such
services.
''(B) Duty of broker.--No provision of this
subsection shall be construed as requiring a mortgage
broker--
''(i) to obtain or arrange for any consumer
credit transaction secured by the consumer's
principal dwelling on behalf of a consumer that
contains terms or conditions not available to
the mortgage broker in the mortgage broker's
usual course of business; or
''(ii) to obtain or arrange for any
consumer credit transaction secured by the
consumer's principal dwelling from a creditor
with whom the mortgage broker does not have a
business relationship.
''(e) Independent Verification of Consumer Counseling Before
Refinancing Special Mortgages.--
''(1) In general.--No creditor or mortgage broker may make,
provide, or arrange for any consumer credit transaction secured
by the consumer's principal dwelling all or a portion of the
proceeds of which are used to fully or partially pay off a
special mortgage unless the borrower has obtained a written
certification from an authorized independent loan counselor
that the borrower has received counseling on the advisability
of the transaction.
''(2) Definitions.--For purposes of this section, the
following definitions shall apply:
''(A) Special mortgage.--The term 'special
mortgage' means any consumer credit transaction secured
by the consumer's principal dwelling that was
originated, subsidized, funded, or guaranteed by or
through a State, tribal, or local government, or
nonprofit organization, that bears 1 or more of the
following nonstandard payment terms which substantially
benefit the consumer:
''(i) Payments vary with income.
''(ii) Payments of principal or interest
are not required or can be deferred under
specified conditions.
''(iii) Principal or interest is forgivable
under specified conditions.
''(iv) Either no interest or an annual
interest rate of 2 percent or less is charged
in connection with the loan.
''(B) Authorized loan counselor.--The term
'authorized independent loan counselor' means any
nonprofit, third-party individual or organization
providing homebuyer education programs, foreclosure
prevention services, mortgage loan counseling, or
credit counseling that is certified by the Secretary of
Housing and Urban Development, or certified by any
State housing agency or nonprofit organization
designated by such Secretary, for such purposes.
''(f) Minimum Financial Requirements for Mortgage Brokers.--No
mortgage broker may obtain or arrange for any consumer credit
transaction secured by the consumer's principal dwelling unless at all
times the mortgage broker--
''(1) maintains a minimum net worth, net of intangibles, of
at least $500,000, as determined in accordance with generally
accepted accounting principles; or
''(2) maintains a surety bond or irrevocable letter of
credit in the amount of $50,000.
''(g) Enforcement.--For purposes of providing a cause of action for
any failure by a mortgage broker to comply with any requirement imposed
under this section, section 130(a) shall be applied with respect to any
such failure--
''(1) by substituting 'mortgage broker' for 'creditor' each
place such term appears in such section; and
''(2) by treating all qualified finance charges (as defined
in subsection (c)(2)(A)) incurred in the origination of any
consumer credit transaction secured by the consumer's principal
dwelling as actual damages sustained by the consumer as a
result of the failure.
''(h) Exclusion of Reverse Mortgages.--This section shall not apply
with respect to any consumer mortgage transaction that constitutes a
reverse mortgage.''.
(b) Technical and Conforming Amendments.--The Truth in Lending Act
is amended--
(1) in section 103 (u) (15 U.S.C. 1602(u)), by striking
''and the disclosures required by section 129(a)'' and
inserting ''and the provisions of section 129 and 129A''; and
(2) in section 130 (15 U.S.C. 1640), by inserting ''or
129A'' after section 129 each place such term appears.
(c) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act is amended by inserting after the item relating to
section 129 the following new item:

''129A. Originations of consumer credit transactions secured by the
consumer's principal dwelling.''.

Ex Output:
Fairness for Homeowners Act of 2007 - Amends the Truth in Lending Act to prohibit any creditor or mortgage broker from making, providing, or arranging for any consumer credit transaction secured by a consumer's principal dwelling without verifying the consumer's reasonable ability to make the scheduled payments of principal, interest (including variable interest), real estate taxes, homeowner's insurance, assessments, and mortgage insurance premiums.

Prescribes criteria for determining the reasonable ability to make such payments.

Prohibits steering (arranging for a lower investment grade credit transaction if the consumer qualifies for a higher investment grade transaction) and prepayment penalties for adjustable rate mortgages (ARMs) that are not jumbo mortgages.

Limits financed points, finance charges, and fees to 5% of a transaction's principal, unless the transaction is ensured or guaranteed by the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or the Farmers Home Administration.

Specifies duties of agency for mortgage brokers acting to obtain or arrange for any consumer credit transaction secured by the consumer's principal dwelling.

Requires creditors and mortgage brokers to obtain independent verification that a borrower seeking to refinance a special mortgage has received counseling on the transaction's advisability. Defines "special mortgage" as one that: (1) was originated, subsidized, funded, or guaranteed by or through a state, tribal, or local government, or nonprofit organization; and (2) bears one or more specified nonstandard payment terms which substantially benefit the consumer.

Prescribes minimum financial requirements for mortgage brokers.

Excludes reverse mortgages from coverage by this Act.

Ex Input:
SECTION 1. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR
GAINFUL EMPLOYMENT.

(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:

''SEC. 25E. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY
FOR GAINFUL EMPLOYMENT.

''(a) Allowance of Credit.--
''(1) In general.--In the case of an individual for which
there are 1 or more qualifying individuals (as defined in
subsection (b)(1)) with respect to such individual, there shall
be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the applicable
percentage of the employment-related expenses (as defined in
subsection (b)(2)) paid by such individual during the taxable
year.
''(2) Applicable percentage defined.--For purposes of
paragraph (1), the term 'applicable percentage' means 35
percent reduced (but not below 20 percent) by 1 percentage
point for each $2,000 (or fraction thereof) by which the
taxpayer's adjusted gross income for the taxable year exceeds
$15,000.
''(b) Definitions of Qualifying Individual and Employment-Related
Expenses.--For purposes of this section--
''(1) Qualifying individual.--The term 'qualifying
individual' means an individual who--
''(A) has attained age 50, and
''(B) is one of the following:
''(i) An individual who bears a
relationship to the taxpayer described in
subparagraph (C) or (D) of section 152(d)(2)
(relating to fathers, mothers, and ancestors).
''(ii) An individual would be a dependent
of the taxpayer (as defined in section 152,
determined without regard to subsections (b)(1)
and (b)(2)) as a qualifying relative described
in section 152(d)(1) if--
''(I) in lieu of subparagraphs (B)
and (C) thereof the following applied
with respect to the individual:
''(aa) the taxpayer has
provided over one-half of the
individual's support for the
calendar year in which such
taxable year begins and each of
the preceding 4 taxable years,
and
''(bb) the individual's
modified adjusted gross income
for the calendar year in which
such taxable year begins is
less than the exemption amount
(as defined in section 151(d)),
''(II) the individual is physically
or mentally incapable of caring for
himself or herself, and
''(III) who has the same principal
place of abode as the taxpayer for more
than one-half of such taxable year.
''(iii) The spouse of the taxpayer who is
physically or mentally incapable of caring for
himself or herself.
''(2) Modified adjusted gross income.--The term 'modified
adjusted gross income' means adjusted gross income determined
without regard to section 86.
''(3) Employment-related expenses.--
''(A) In general.--The term 'employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are 1 or more qualifying
individuals with respect to the taxpayer:
''(i) expenses for household services, and
''(ii) expenses for the care of a
qualifying individual, including expenses for
respite care and hospice care.
''(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
''(i) a qualifying individual described in
paragraph (1)(A), or
''(ii) a qualifying individual (not
described in paragraph (1)(A)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
''(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
''(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
''(ii) the requirements of subparagraph (B)
are met.
''(D) Dependent care center defined.--For purposes
of this paragraph, the term 'dependent care center'
means any facility which--
''(i) provides care for more than six
individuals (other than individuals who reside
at the facility), and
''(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
''(c) Dollar Limit on Amount Creditable.--The amount of the
employment-related expenses incurred during any taxable year which may
be taken into account under subsection (a) shall not exceed--
''(1) $3,000 if there is 1 qualifying individual with
respect to the taxpayer for such taxable year, or
''(2) $6,000 if there are 2 or more qualifying individuals
with respect to the taxpayer for such taxable year.
The amount determined under paragraph (1) or (2) (whichever is
applicable) shall be reduced by the aggregate amount excludable from
gross income under section 129 for the taxable year.
''(d) Earned Income Limitation.--Except as otherwise provided in
this subsection, the amount of the employment-related expenses incurred
during any taxable year which may be taken into account under
subsection (a) shall not exceed--
''(1) in the case of an individual who is not married at
the close of such year, such individual's earned income for
such year, or
''(2) in the case of an individual who is married at the
close of such year, the lesser of such individual's earned
income or the earned income of his spouse for such year.
''(e) Special Rules.--For purposes of this section--
''(1) Place of abode.--An individual shall not be treated
as having the same principal place of abode of the taxpayer if
at any time during the taxable year of the taxpayer the
relationship between the individual and the taxpayer is in
violation of local law.
''(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return for the taxable
year.
''(3) Marital status.--An individual legally separated from
his spouse under a decree of divorce or of separate maintenance
shall not be considered as married.
''(4) Certain married individuals living apart.--If--
''(A) an individual who is married and who files a
separate return--
''(i) maintains as his home a household
which constitutes for more than one-half of the
taxable year the principal place of abode of a
qualifying individual, and
''(ii) furnishes over half of the cost of
maintaining such household during the taxable
year, and
''(B) during the last 6 months of such taxable year
such individual's spouse is not a member of such
household, such individual shall not be considered as
married.
''(5) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid by the
taxpayer to an individual--
''(A) with respect to whom, for the taxable year, a
deduction under section 151(c) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
''(B) who is a child of the taxpayer (within the
meaning of section 152(f)(1)) who has not attained the
age of 19 at the close of the taxable year. For
purposes of this paragraph, the term 'taxable year'
means the taxable year of the taxpayer in which the
service is performed.
''(6) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
''(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
''(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
''(7) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under this
section with respect to any qualifying individual unless the
TIN of such individual is included on the return claiming the
credit.
''(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:

''Sec. 25E. Expenses for household and elder care services necessary
for gainful employment.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Ex Output:
Amends the Internal Revenue Code to allow a new tax credit for employment-related expenses necessary to care for a dependent of a taxpayer who has attained age 50, including expenses for household services and for the care of the dependent, including respite care and hospice care. Limits the amount of such credit to $3,000 for the care of one dependent and $6,000 for the care of two or more dependents of the taxpayer in a taxable year.

Ex Input:
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.''.

Ex Output:
Secret Service Authorization and Technical Modification Act of 2005 - Amends the federal criminal code to revise prohibitions on entering or remaining in areas the President or other person protected by the Secret Service is visiting. Prohibits willfully and knowingly entering or remaining in such an area that is restricted in conjunction with a special event of national significance, with intent to impede or disrupt business or access or to engage in violence. (Repeals provisions: (1) prohibiting willfully and knowingly entering or remaining, with such intent, in facilities designated by the Secretary of the Treasury as temporary residences and offices of the President, his staff, and other persons protected by the Secret Service; and (2) authorizing the Secretary to make such designations.) Specifies penalties for violations.

Revises prohibitions involving false or fraudulent identification documents to cover false documents that appear to represent a sponsoring entity of a special event of national significance.

Modifies the duties of the United States Secret Service Uniformed Division to include protection of: (1) any officer next in the order of succession to the Office of President after the Vice President, the President-elect, the Vice President-elect, and their immediate families; (2) former Presidents and their spouses; (3) a special event of national significance; (4) major presidential and vice presidential candidates and, within 120 days of the general presidential election, their spouses; and (5) visiting heads of foreign states or foreign governments. Specifies the authority of members of the Division to carry firearms and to make arrests without warrants for certain offenses.

Authorizes the Secretary of Homeland Security to carry out functions related to the protection of foreign diplomatic missions located in metropolitan areas (other than the District of Columbia) where 20 or more such missions are located, and visits of foreign government officials to such areas, by contract or by using the services, personnel, equipment, and facilities of state and local governments on a reimbursable basis.

Requires the Secret Service to be maintained as a distinct entity within the Department of Homeland Security with its members reporting only to its Director.