§ 202. — United States Secret Service Uniformed Division; establishment, control, and supervision; privileges, powers, and duties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 3USC202]
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
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, Sec. 1, June 8,
1962, 76 Stat. 95; Pub. L. 91-217, Sec. 1(2), (3), Mar. 19, 1970, 84
Stat. 74; Pub. L. 93-346, Sec. 7, July 12, 1974, as added Pub. L. 93-
552, title VI, Sec. 609(a), Dec. 27, 1974, 88 Stat. 1765; Pub. L. 94-
196, Sec. 1(a), (b), Dec. 31, 1975, 89 Stat. 1109; Pub. L. 95-179, Nov.
15, 1977, 91 Stat. 1371; Pub. L. 95-570, Sec. 5(d), Nov. 2, 1978, 92
Stat. 2451; Pub. L. 97-418, Sec. 1(a), Jan. 4, 1983, 96 Stat. 2089; Pub.
L. 99-500, Sec. 101(m) [title VI, Sec. 622], Oct. 18, 1986, 100 Stat.
1783-308, 1783-333; Pub. L. 99-591, Sec. 101(m) [title VI, Sec. 622],
Oct. 30, 1986, 100 Stat. 3341-308, 3341-333; Pub. L. 102-138, title I,
Sec. 135(b)(1)-(3), Oct. 28, 1991, 105 Stat. 666, 667; Pub. L. 102-499,
Sec. 3(a), Oct. 24, 1992, 106 Stat. 3264; Pub. L. 107-296, title XVII,
Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Secs. 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.
