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ieve that the person to be arrested has
committed or is committing such felony;
(D) offer and pay rewards for services and information leading
to the apprehension of persons involved in the violation or
potential violation of those provisions of law which the Secret
Service is authorized to enforce;
(E) pay expenses for unforeseen emergencies of a confidential
nature under the direction of the Secretary of Homeland Security
and accounted for solely on the Secretary's certificate; and
(F) perform such other functions and duties as are authorized
by law.
(2) Funds expended from appropriations available to the Secret
Service for the purchase of counterfeits and subsequently recovered
shall be reimbursed to the appropriations available to the Secret
Service at the time of the reimbursement.
(d) Whoever knowingly and willfully obstructs, resists, or
interferes with a Federal law enforcement agent engaged in the
performance of the protective functions authorized by this section
or by section 1752 of this title shall be fined not more than
$1,000 or imprisoned not more than one year, or both.
(e)(1) When directed by the President, the United States Secret
Service is authorized to participate, under the direction of the
Secretary of Homeland Security, in the planning, coordination, and
implementation of security operations at special events of national
significance, as determined by the President.
(2) At the end of each fiscal year, the President through such
agency or office as the President may designate, shall report to
the Congress -
(A) what events, if any, were designated special events of
national significance for security purposes under paragraph (1);
and
(B) the criteria and information used in making each
designation.
(f) Under the direction of the Secretary of Homeland Security,
officers and agents of the Secret Service are authorized, at the
request of any State or local law enforcement agency, or at the
request of the National Center for Missing and Exploited Children,
to provide forensic and investigative assistance in support of any
investigation involving missing or exploited children.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 818; July 16, 1951, ch. 226, Sec.
4, 65 Stat. 122; Aug. 31, 1954, ch. 1143, Sec. 2, 68 Stat. 999;
Pub. L. 86-168, title I, Sec. 104(h), Aug. 18, 1959, 73 Stat. 387;
Pub. L. 87-791, Oct. 10, 1962, 76 Stat. 809; Pub. L. 87-829, Sec.
3, Oct. 15, 1962, 76 Stat. 956; Pub. L. 89-186, Sept. 15, 1965, 79
Stat. 791; Pub. L. 89-218, Sept. 29, 1965, 79 Stat. 890; Pub. L.
90-608, ch. XI, Sec. 1101, Oct. 21, 1968, 82 Stat. 1198; Pub. L.
91-644, title V, Sec. 19, Jan. 2, 1971, 84 Stat. 1892; Pub. L.
91-651, Sec. 4, Jan. 5, 1971, 84 Stat. 1941; Pub. L. 93-346, Sec.
8, July 12, 1974, as added Pub. L. 93-552, title VI, Sec. 609(a),
Dec. 27, 1974, 88 Stat. 1765; Pub. L. 94-408, Sec. 2, Sept. 11,
1976, 90 Stat. 1239; Pub. L. 97-297, Sec. 3, Oct. 12, 1982, 96
Stat. 1318; Pub. L. 97-308, Sec. 2, Oct. 14, 1982, 96 Stat. 1452;
Pub. L. 98-151, Sec. 115(b), Nov. 14, 1983, 97 Stat. 977; Pub. L.
98-587, Sec. 1(a), Oct. 30, 1984, 98 Stat. 3110; Pub. L. 103-329,
title V, Sec. 530, Sept. 30, 1994, 108 Stat. 2412; Pub. L. 104-294,
title VI, Sec. 605(i), Oct. 11, 1996, 110 Stat. 3510; Pub. L.
106-544, Sec. 3, Dec. 19, 2000, 114 Stat. 2716; Pub. L. 107-56,
title V, Sec. 506(b), Oct. 26, 2001, 115 Stat. 367; Pub. L.
107-296, title XVII, Sec. 1703(a)(1), Nov. 25, 2002, 116 Stat.
2313; Pub. L. 108-21, title III, Sec. 322, Apr. 30, 2003, 117 Stat.
665.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 148, and on sections
264(x) and 986 of title 12, U.S.C., 1940 ed., Banks and Banking
(Dec. 23, 1913, ch. 6, Sec. 12B, subsection (x), as added June 16,
1933, ch. 89, Sec. 8, 48 Stat. 178; July 17, 1916, ch. 245, Sec.
31, sixth paragraph, 39 Stat. 382 (384); Dec. 11, 1926, ch. 2, Sec.
3, 44 Stat. 918; Aug. 23, 1935, ch. 614, Sec. 101, 49 Stat. 684,
703).
Section consolidates said section 148 of title 18, U.S.C., 1940
ed., and said sections 264(x) and 986 of title 12, U.S.C., 1940
ed., Banks and Banking.
Said section 148 of title 12, U.S.C., 1940 ed., Banks and
Banking, was concerned with offenses relating to counterfeiting and
passing, etc., of transportation requests and to the unlawful
possession or making of plates, stones, etc., used in making such
requests, which were defined in sections 146 and 147 of said title
18, now sections 508 and 509 of this title.
Said sections 264(x) and 986 of title 12, U.S.C., 1940 ed., Banks
and Banking, were concerned with various offenses as defined in
sections 981-985, 987 of said title 12, relating to Federal land
banks, joint-stock land banks and national farm loan associations,
and as defined in section 264 of said title 12 relating to the
Federal Deposit Insurance Corporation. All of the provisions of
said sections 981-985, 987 of said title 12, and the criminal
provisions of said section 264 of said title 12, were transferred
to this title where they were, in some instances, consolidated with
similar provisions from other sections. Such provisions are now
incorporated in sections 218, 221, 433, 493, 657, 709, 1006, 1007,
1011, 1013, 1014, 1907, and 1909 of this title. In most instances,
these sections, as the result of the consolidations, relate to
other organizations as well as those mentioned above, but, by
enumerating the Federal Deposit Insurance Corporation, Federal land
banks, joint-stock land banks, and national farm loan associations
in this section, the powers of the Secret Service are not broadened
beyond what they were in said sections 264(x) and 986 of said title
12.
In this section, the wording of said section 148 of title 18,
U.S.C., 1940 ed., and section 986 of title 12, U.S.C., 1940 ed.,
Banks and Banking reading "The Secretary of the Treasury is hereby
authorized to direct and use the Secret Service Division of the
Treasury Department" was adopted, rather than the wording of said
section 264(x) of said title 12, which read "The Secret Service
Division of the Treasury Department is authorized."
Words "of the United States marshal having jurisdiction",
following "custody" in all three of said sections, were omitted as
surplusage.
Changes were made in phraseology.
-REFTEXT-
REFERENCES IN TEXT
Section 216 of this title, referred to in subsec. (b)(1), was
repealed by Pub. L. 98-473, title II, Sec. 1107(b), Oct. 12, 1984,
98 Stat. 2146.
-MISC2-
AMENDMENTS
2003 - Subsec. (f). Pub. L. 108-21 added subsec. (f).
2002 - Subsecs. (a) to (c)(1), (e)(1). Pub. L. 107-296
substituted "of Homeland Security" for "of the Treasury" wherever
appearing.
2001 - Subsec. (b)(3). Pub. L. 107-56 substituted "access device
frauds, false identification documents or devices, and any fraud or
other criminal or unlawful activity in or against any federally
insured financial institution" for "credit and debit card frauds,
and false identification documents or devices".
2000 - Subsec. (e). Pub. L. 106-544 added subsec. (e).
1996 - Subsec. (a)(3). Pub. L. 104-294 redesignated subpars. (1)
and (2) as (A) and (B), respectively, and realigned margins.
1994 - Subsec. (a)(3). Pub. L. 103-329, Sec. 530(a), inserted
before period at end "unless the former President did not serve as
President prior to January 1, 1997, in which case, former
Presidents and their spouses for a period of not more than ten
years from the date a former President leaves office, except that -
"(1) protection of a spouse shall terminate in the event of
remarriage or the divorce from, or death of a former President;
and
"(2) should the death of a President occur while in office or
within one year after leaving office, the spouse shall receive
protection for one year from the time of such death:
Provided, That the Secretary of the Treasury shall have the
authority to direct the Secret Service to provide temporary
protection for any of these individuals at any time if the
Secretary of the Treasury or designee determines that information
or conditions warrant such protection".
Subsec. (a)(4). Pub. L. 103-329, Sec. 530(b), inserted before
period at end "for a period not to exceed ten years or upon the
child becoming 16 years of age, whichever comes first".
1984 - Pub. L. 98-587 amended section generally, providing
authority for the Secret Service to conduct criminal investigations
of, make arrests in, and present for prosecutorial consideration,
cases relating to electronic fund transfer frauds, and providing
the Secret Service with authority to conduct investigations and
make arrests relating to credit and debit card frauds, and false
identification documents and devices, to be exercised subject to
the agreement of the Attorney General and the Secretary of the
Treasury.
1983 - Subsec. (a). Pub. L. 98-151 inserted reference to section
510 of this section in fifth clause.
1982 - Subsec. (a). Pub. L. 97-297, Sec. 3(1), substituted "871,
and 879 of this title" for "and 871 of this title".
Pub. L. 97-297, Sec. 3(2), substituted "and Federal land bank
associations are concerned, of sections 213, 216" for ",
joint-stock land banks and Federal land bank associations are
concerned, of sections 218, 221".
Subsec. (b). Pub. L. 97-308 increased the limitation on fines to
$1,000 from $300.
1976 - Subsec. (a). Pub. L. 94-408 substituted ", and the members
of their immediate families unless the members decline such
protection;" for "; protect the members of the immediate family of
the Vice-President, unless such protection is declined;".
Subsec. (b). Pub. L. 94-408 inserted reference to other Federal
law enforcement agents.
1974 - Subsec. (a). Pub. L. 93-552 inserted provisions relating
to the protection of the immediate family of the Vice President
unless declined, and the payment of expenses for unforeseen
emergencies of a confidential nature under the direction of the
Secretary of the Treasury and accounted for solely on his
certificate.
1971 - Pub. L. 91-651 authorized the Secret Service to protect
the person of a visiting head of a foreign state or foreign
government and, at the direction of the President, other
distinguished foreign visitors to the United States and official
representatives of the United States performing special missions
abroad, and substituted "Director, Deputy Director, Assistant
Directors, Assistants to the Director" for "Chief, Deputy Chief,
Assistant Chief".
Pub. L. 91-644 designated existing provisions as subsec. (a) and
added subsec. (b).
1968 - Pub. L. 90-608 substituted the death or remarriage of a
former President's widow and the attainment by his minor children
of age 16 for the passage of a period of four years after he leaves
or dies in office as the events terminating Secret Service
protection for the widow and minor children, respectively, of a
former President.
1965 - Pub. L. 89-218 authorized the Chief, Deputy Chief,
Assistant Chief, inspectors, and agents of the Secret Service to
make arrests without warrant for offenses committed against the
United States 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 the felony and substituted "508, 509, and 871" for "508
and 509".
Pub. L. 89-186 substituted provision for the protection of the
person of a former President and his wife during his lifetime and
the person of a widow and minor children of a former President for
a period of four years after he leaves or dies in office, unless
the protection is declined, for provision calling for the
protection of a former President, at his request, for a reasonable
period after he leaves office.
1962 - Pub. L. 87-829 authorized the protection of the Vice
President, without requiring his request therefor, and any officer
next in the order of succession to the office of President, the
Vice-President-elect, and of a former president, at his request,
for a reasonable period after he leaves office.
Pub. L. 87-791 required moneys expended from Secret Service
appropriations for the purchase of counterfeits and subsequently
recovered to be reimbursed to the appropriation current at the time
of deposit.
1959 - Pub. L. 86-168 substituted "Federal land bank
associations" for "national farm loan associations".
1954 - Act Aug. 31, 1954, struck out "detect, and arrest any
person violating any laws of the United States directly concerning
official matters administered by and under the direct control of
the Treasury Department".
1951 - Act July 16, 1951, provided basic authority for the Secret
Service to perform certain functions and activities heretofore
carried out by virtue of authority contained in appropriation acts.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective on the date of transfer of
the United States Secret Service to the Department of Homeland
Security, see section 1703(b) of Pub. L. 107-296, set out as a note
under section 202 of Title 3, The President.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-552 effective July 12, 1974, see section
609(b) of Pub. L. 93-552, set out as a note under section 202 of
Title 3, The President.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-168 effective Dec. 31, 1959, see section
104(k) of Pub. L. 86-168.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of the functions, personnel, assets, and obligations
of the United States Secret Service, including the functions of the
Secretary of the Treasury relating thereto, to the Secretary of
Homeland Security, and for treatment of related references, see
sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-MISC3-
FUNDS FOR TRAINING
Pub. L. 108-90, title II, Oct. 1, 2003, 117 Stat. 1145, provided
in part: "That in fiscal year 2004 and thereafter, subject to the
reimbursement of actual costs to this account, funds appropriated
in this account shall be available, at the discretion of the
Director, for the following: training United States Postal Service
law enforcement personnel and Postal police officers, training
Federal law enforcement officers, training State and local
government law enforcement officers on a space-available basis, and
training private sector security officials on a space-available
basis".
EXPANSION OF NATIONAL ELECTRONIC CRIME TASK FORCE INITIATIVE
Pub. L. 107-56, title I, Sec. 105, Oct. 26, 2001, 115 Stat. 277,
provided that: "The Director of the United States Secret Service
shall take appropriate actions to develop a national network of
electronic crime task forces, based on the New York Electronic
Crimes Task Force model, throughout the United States, for the
purpose of preventing, detecting, and investigating various forms
of electronic crimes, including potential terrorist attacks against
critical infrastructure and financial payment systems."
NATIONAL THREAT ASSESSMENT CENTER
Pub. L. 106-544, Sec. 4, Dec. 19, 2000, 114 Stat. 2716, provided
that:
"(a) Establishment. - The United States Secret Service (hereafter
in this section referred to as the 'Service'), at the direction of
the Secretary of the Treasury, may establish the National Threat
Assessment Center (hereafter in this section referred to as the
'Center') as a unit within the Service.
"(b) Functions. - The Service may provide the following to
Federal, State, and local law enforcement agencies through the
Center:
"(1) Training in the area of threat assessment.
"(2) Consultation on complex threat assessment cases or plans.
"(3) Research on threat assessment and the prevention of
targeted violence.
"(4) Facilitation of information sharing among all such
agencies with protective or public safety responsibilities.
"(5) Programs to promote the standardization of Federal, State,
and local threat assessments and investigations involving
threats.
"(6) Any other activities the Secretary determines are
necessary to implement a comprehensive threat assessment
capability.
"(c) Report. - Not later than 1 year after the date of the
enactment of this Act [Dec. 19, 2000], the Service shall submit a
report to the Committees on the Judiciary of the Senate and the
House of Representatives detailing the manner in which the Center
will operate."
TELECOMMUNICATIONS SUPPORT TO UNITED STATES SECRET SERVICE BY WHITE
HOUSE COMMUNICATIONS AGENCY
Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec.
8100], Sept. 30, 1996, 110 Stat. 3009-71, 3009-108, as amended by
Pub. L. 106-92, Sec. 2, Nov. 9, 1999, 113 Stat. 1309, provided
that: "Beginning in fiscal year 1997 and thereafter, and
notwithstanding any other provision of law, fixed and mobile
telecommunications support shall be provided by the White House
Communications Agency (WHCA) to the United States Secret Service
(USSS), without reimbursement, in connection with the Secret
Service's duties directly related to the protection of the
President or the Vice President or other officer immediately next
in order of succession to the office of the President at the White
House Security Complex in the Washington, D.C. Metropolitan Area
and Camp David, Maryland. For these purposes, the White House
Security Complex includes the White House, the White House grounds,
the Dwight D. Eisenhower Executive Office Building, the New
Executive Office Building, the Blair House, the Treasury Building,
and the Vice President's Residence at the Naval Observatory."
OFF-SET OF COSTS OF PROTECTING FORMER PRESIDENTS AND SPOUSES
Pub. L. 104-208, div. A, title I, Sec. 101(f) [title V, Sec.
509], Sept. 30, 1996, 110 Stat. 3009-314, 3009-345, provided that:
"The United States Secret Service may, during the fiscal year
ending September 30, 1997, and hereafter, accept donations of money
to off-set costs incurred while protecting former Presidents and
spouses of former Presidents when the former President or spouse
travels for the purpose of making an appearance or speech for a
payment of money or any thing of value."
Similar provisions were contained in the following prior
appropriations acts:
Pub. L. 104-52, title V, Sec. 509, Nov. 19, 1995, 109 Stat. 492.
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