House Report 109-333 - USA PATRIOT IMPROVEMENT AND REAUTHORIZATION
ACT OF 2005
What BushCo wants, according to the fine print (Sec. 605) of the new
PATRIOT Act, is a permanent Praetorian Guard, or Cheka, or Gestapo. It's
all too easy to come up with apt historical analogies--but not with any
from this nation's history.
"A permanent police force, to be known as the 'United States Secret
Service Uniformed Division,'" empowered to "make arrests without warrant
for any offense against the United States committed in their presence"
(what is "an offense against the United States?), "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" (what are "reasonable grounds"?).
I'm not making this up. See the text and URL below.
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'.
America has never had a federal police
force, but hidden in the new "Patriot" Act is language that creates just
such a beast.
SEC. 605. THE UNIFORMED DIVISION, UNITED
STATES SECRET SERVICE.
A federal police force, directed by the
President. Is this not the Gestapo all over again?
A federal goon squad on hand to arrest
any 'disruptors' during the next Presidential Election how can you look
in the mirror and tell yourself that there's hope for 2008? Or is that
just an excuse to continue doing nothing right now?
