2002 US Code
Title 3 - THE PRESIDENT
CHAPTER 3 - PROTECTION OF THE PRESIDENT; UNITED STATES SECRET SERVICE UNIFORMED DIVISION
Sec. 202 - United States Secret Service Uniformed Division; establishment, control, and supervision; privileges, powers, and duties

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§202. United States Secret Service Uniformed Division; establishment, control, and supervision; privileges, powers, and duties

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 and members of his immediate family; (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) the Vice President and members of his immediate family; (8) 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;

(9) 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; and

(10) visits of foreign government officials to metropolitan areas (other than the District of Columbia) where there are located 20 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.

The members of such force shall possess privileges and powers similar to those of the members of the Metropolitan Police of the District of Columbia.

(June 25, 1948, ch. 644, 62 Stat. 680; Pub. L. 87–481, §1, June 8, 1962, 76 Stat. 95; Pub. L. 91–217, §1(2), (3), Mar. 19, 1970, 84 Stat. 74; Pub. L. 93–346, §7, July 12, 1974, as added Pub. L. 93–552, title VI, §609(a), Dec. 27, 1974, 88 Stat. 1765; Pub. L. 94–196, §1(a), (b), Dec. 31, 1975, 89 Stat. 1109; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371; Pub. L. 95–570, §5(d), Nov. 2, 1978, 92 Stat. 2451; Pub. L. 97–418, §1(a), Jan. 4, 1983, 96 Stat. 2089; Pub. L. 99–500, §101(m) [title VI, §622], Oct. 18, 1986, 100 Stat. 1783–308, 1783–333; Pub. L. 99–591, §101(m) [title VI, §622], Oct. 30, 1986, 100 Stat. 3341–308, 3341–333; Pub. L. 102–138, title I, §135(b)(1)–(3), Oct. 28, 1991, 105 Stat. 666, 667; Pub. L. 102–499, §3(a), Oct. 24, 1992, 106 Stat. 3264; Pub. L. 107–296, title XVII, §1703(a)(1), Nov. 25, 2002, 116 Stat. 2313.)

Amendments

2002—Pub. L. 107–296 substituted “of Homeland Security” for “of the Treasury”.

1992—Cl. (10). Pub. L. 102–499 substituted “when such officials are in the United States to conduct official business with the United States Government” for “, pursuant to invitations of the United States Government”.

1991—Cl. (8)(C). Pub. L. 102–138, §135(b)(1), amended subcl. (C) generally. Prior to amendment, subcl. (C) read as follows: “when the extraordinary protective need arises in association with a visit to or occurs at a permanent mission to an international organization of which the United States is a member or an observer mission invited to participate in the work of such organization, provided that such protection may be provided for motorcades and at other places associated with such a visit and may be extended at places of temporary domicile in connection with such a visit; and”.

Cl. (9). Pub. L. 102–138, §135(b)(2), amended cl. (9) generally. Prior to amendment, cl. (9) read as follows: “foreign 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.”

Cl. (10). Pub. L. 102–138, §135(b)(3), added cl. (10).

1986—Cls. (3) to (9). Pub. L. 99–500 and Pub. L. 99–591 added cl. (3), redesignated cls. (3) to (8) as (4) to (9), respectively, and in cl. (7), as so redesignated, substituted “immediate” for “immediately”.

1983—Cl. (7). Pub. L. 97–418 inserted “may be provided for motorcades and at other places associated with such a visit” after “protection”.

1978—Pub. L. 95–570 substituted “White House” for “Executive Mansion and grounds”.

1977—Pub. L. 95–179 substituted “United States Secret Service Uniformed Division” for “Executive Protective Service” in section catchline and wherever appearing in text.

1975—Pub. L. 94–196 added cl. (7), redesignated former cl. (7) as (8) and substituted “in such areas” for “in such other areas”.

1974—Cls. (5) to (7). Pub. L. 93–552 added cls. (5) and (6) and redesignated former cl. (5) as (7).

1970—Pub. L. 91–217 substituted “Executive Protective Service” for “White House Police”, substituted the Director, United States Secret Service, for the Secretary of the Treasury as the immediate director of Service operations, and added foreign diplomatic missions located in the metropolitan area of the District of Columbia and foreign diplomatic missions located in other areas as the President may direct to the enumerated list of areas under protection.

1962—Pub. L. 87–481 transferred control and supervision of White House Police from Chief of Secret Service Division to Secretary of the Treasury and required such force to perform duties in connection with protection of any building in which White House offices are located and the President and members of his immediate family.

Change of Name

Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371, provided in part that: “Any reference in any other law or in any regulation, document, record, or other paper of the United States to the Executive Protective Service shall be held to be a reference to the United States Secret Service Uniformed Division.”

Pub. L. 91–297, title II, §202, June 30, 1970, 84 Stat. 358, provided that: “All laws of the United States in force on the date of enactment of this title [June 30, 1970] in which reference is made to the White House Police force are amended by substituting ‘Executive Protective Service’ for each such reference.”

Effective Date of 2002 Amendment

Pub. L. 107–296, title XVII, §1703(b), Nov. 25, 2002, 116 Stat. 2314, provided that: “The amendments made by this section [amending this section, section 208 of this title, and section 3056 of Title 18, Crimes and Criminal Procedure] shall take effect on the date of transfer of the United States Secret Service to the Department [of Homeland Security].”

Effective Date of 1992 Amendment

Section 3(b) of Pub. L. 102–499 provided that: “The amendment made by subsection (a) [amending this section] shall be deemed to have become effective as of October 1, 1991.”

Effective Date of 1991 Amendment

Section 135(b)(4) of Pub. L. 102–138 provided that:

“(A) Except as provided in subparagraph (B), the amendments made by this subsection [amending this section] shall take effect October 1, 1991.

“(B) The amendments made by paragraph (1) [amending this section] shall be deemed to have become effective as of January 1, 1989.”

Effective Date of 1983 Amendment

Section 2 of Pub. L. 97–418 provided that: “The amendments made by the first section of this Act [amending sections 202 and 208 of this title] shall take effective on the date of enactment of this Act [Jan. 4, 1983], except that no amount authorized to be appropriated by the amendment made by subsection (b) of the first section of this Act [amending section 208(b) of this title] may be made available for use or obligation prior to October 1, 1982.”

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–570 applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as a note under section 102 of this title.

Effective Date of 1975 Amendment

Section 1(e) of Pub. L. 94–196 provided that: “The amendments made by subsections (a), (b), and (d) of this section [enacting section 208 of this title and amending this section] shall take effect as of July 1, 1974.”

Effective Date of 1974 Amendment

Section 609(b) of Pub. L. 93–552 provided that: “Except as otherwise provided therein, the amendment made by subsection (a) of this section [amending this section, provisions set out as a note under section 111 of this title, and section 3056 of Title 18, Crimes and Criminal Procedure] shall become effective July 12, 1974.”

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.

Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Secret Service, referred to in this section, is an agency in Department of the Treasury.

Reimbursement to State and Local Governments for Protective Services for Foreign Missions

Section 135(b)(5) of Pub. L. 102–138 provided that: “Protective services provided by a State or local government at any time during the period beginning on January 1, 1989, and ending on September 30, 1991, which were performed in connection with visits described in section 202(8) of title 3, United States Code, as amended by this subsection, shall be deemed to be reimbursement obligations entered into pursuant to section 208(a) of that title as if the amendment made by paragraph (1) of this subsection [amending this section] was in effect during that period and the services had been requested by the Secretary of State.”

Section Referred to in Other Sections

This section is referred to in sections 208, 209 of this title; title 6 section 371; title 12 section 3414; title 22 sections 2709, 4304, 4314.