National Police Force?

[Ocotillo]

Patriot Act II - Sec 3056A

SEC. 605. THE UNIFORMED DIVISION, UNITED STATES SECRET SERVICE.

(a) In General- Chapter 203 of le 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 le 18.

`(11) An event designated under section 3056(e) of le 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 le 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 le 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 le 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 le 3, United States Code, is repealed.

(d) Conforming Amendments to Laws Affecting District of Columbia- (1) Section 1537(d) of le 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 le 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 le 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 le 3' and inserting `section 3056A(a)(7) and (d) of le 18'.

(e) Additional Conforming Amendments-

(1) le 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 le 3, United States Code, or section 3056 of le 18, United States Code' and inserting `section 3056 or 3056A of le 18, United States Code';

(B) in section 204(e) (22 U.S.C. 4304(e)), by striking `section 202 of le 3, United States Code, or section 3056 of le 18, United States Code' and inserting `section 3056 or 3056A of le 18, United States Code'; and

(C) in section 214(a) (22 U.S.C. 4314(a)), by striking `sections 202(7) and 208 of le 3, United States Code' and inserting `subsections (a)(7) and (d) of section 3056A of le 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 le 3' and inserting `section 3056A of le 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 le 3' and inserting `section 3056A of le 18'.

Do we really need this?

[Yonivore]

A uniformed Secret Service agent moves quickly to evacuate other government buildings in the Washington, D.C., area.

Patriot Act II - Sec 3056A

SEC. 605. THE UNIFORMED DIVISION, UNITED STATES SECRET SERVICE.

(a) In General- Chapter 203 of le 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:...

From their website [follow the link]:

"The Secret Service Uniformed Division, initially a force comprised of a few members of the military and the Metropolitan Police Department, began formalized protection of the White House and its grounds in 1860. This unit was under the direction of the White House Military Aide until 1922 when President Warren G. Harding prompted the establishment of a White House Police Force."

A lot of laws are redundant.

`(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...

This appeared to give you some heartburn. So, tell me, what federal law enforcement officer doesn't have the authority to "make arrests without warrant for any offense against the United States committed in their presence?" Just curious.

Do we really need this?

I say yes...but, it appears we've had this for over a century.

[Ocotillo]

The language "any offense" is vague. It worries me because of incidents like this.

Command Sergeant Major Tim Walz is a twenty-four-year veteran of the Army National Guard, now retired but still on active duty when a visit from President George W. Bush shortly before the 2004 election coincided with Walz's homecoming to Mankato, Minnesota. A high school teacher and football coach, he had left to serve overseas in Operation Enduring Freedom. Southern Minnesota is home to a large Guard contingent that includes Walz's unit, the First 125th Field Artillery Battalion, so the wars in Iraq and Afghanistan are naturally a pressing local concern—particularly to high school students headed into the armed services.

The president's visit struck Walz as a teachable moment, and he and two students boarded a Bush campaign bus that took them to a quarry where the president was to speak. But after they had passed through a metal detector and their tickets and IDs were checked, they were denied admittance and ordered back onto the bus. One of the boys had a John Kerry sticker on his wallet.

Indignant, Walz refused. "As a soldier, I told them I had a right to see my commander-in-chief," the normally jovial forty-one-year-old recently explained to a Democratic-Farmer-Labor Party dinner in the small town of Albert Lea, Minnesota.

His challenge prompted a KGB-style interrogation that was sadly characteristic of Bush campaign events. Do you support the president? Walz refused to answer. Do you oppose the president? Walz replied that it was no one's business but his own. (He later learned that his wife was informed that the Secret Service might arrest him.) Walz thought for a moment and asked the Bush staffers if they really wanted to arrest a command sergeant major who'd just returned from fighting the war on terrorism.

They did not.

Instead Walz was told to behave himself and permitted to attend the speech, albeit under heavy scrutiny. His students were not: they were sent home.

I don't trust the current administration as far as I can throw them and I don't doubt they would exploit this to punish dissent rather than protect the president or other federal office holders.

[Yonivore]

The language "any offense" is vague.

It's only vague because you took it out of context. I believe it is followed by the words, "...against the United States committed in their presence." Generally...no, in all cases, offenses are statutorily defined as such and, therefore, the law you're reading states that the Uniformed Division of the Secret Service can make an arrest, without a warrant, of any individual committing an offense (defined as such in law) against the United States committed in their presence.

And, your "story" was unrelated to this law.

Oh, and on an earlier point on which I was mistaken. This isn't a redundant law. It is a movement of the law (last amended in 1978) from one section of the Federal Code to another. The same sections were repealed from the 1978 statute as they were added to the Patriot Act.

I suspect this is in response to the Democrats demands (long resisted by the President) that there be a Department of Homeland Security under which EVERY federal crime fighter is now umbrellaed.

[FromWayDowntown]

Any peace officer in any jurisdiction is permitted to make an arrest without a warrant if he or she observes the commission of a crime. It's why, on a smaller scale, a cop doesn't need to get a warrant to pull someone over on a highway.

That provision of the law in question raises no Cons utional issue.

[Gerryatrics]

Secret Service agents wearing uniforms and arresting people committing crimes is a problem how?