United States Code (Last Updated: May 24, 2014) |
Title 22. FOREIGN RELATIONS AND INTERCOURSE |
Chapter 38. DEPARTMENT OF STATE |
§ 2709. Special agents
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(a) General authority Under such regulations as the Secretary of State may prescribe, special agents of the Department of State and the Foreign Service may— (1) conduct investigations concerning illegal passport or visa issuance or use; (2) obtain and execute search and arrest warrants, as well as obtain and serve subpoenas and summonses issued under the authority of the United States; (3) protect and perform protective functions directly related to maintaining the security and safety of— (A) heads of a foreign state, official representatives of a foreign government, and other distinguished visitors to the United States, while in the United States; (B) the Secretary of State, Deputy Secretary of State, and official representatives of the United States Government, in the United States or abroad; (C) members of the immediate family of persons described in subparagraph (A) or (B); (D) foreign missions (as defined in section 4302(a)(4) (4) if designated by the Secretary and qualified, under regulations approved by the Attorney General, for the use of firearms, carry firearms for the purpose of performing the duties authorized by this section; and (5) 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. (b) Agreements with Attorney General and Secretary of the Treasury and firearms regulations (1) Agreement with Attorney General The authority conferred by paragraphs (1) and (4) of subsection (a) of this section shall be exercised subject to an agreement between the Secretary and the Attorney General.
(2) Agreement with Attorney General and Secretary of the Treasury The authority conferred by paragraphs (2) and (5) of subsection (a) of this section shall be exercised subject to an agreement among the Secretary, the Attorney General, and the Secretary of the Treasury.
(3) Firearms regulations The Secretary of State shall prescribe regulations, which shall be approved by the Attorney General, with respect to the carrying and use of firearms by special agents under this section.
(c) Secret Service not affected Nothing in subsection (a)(3) of this section shall be construed to preclude or limit in any way the authority of the United States Secret Service to provide protective services pursuant to section 3056 or 3056A of title 18 at a level commensurate with protective requirements as determined by the United States Secret Service. The Secretary of State, the Attorney General, and the Secretary of the Treasury shall enter into an interagency agreement with respect to their law enforcement functions.
References In Text
Section 4302 of this title, referred to in subsec. (a)(3)(D), was subsequently amended, and section 4302(a)(4) no longer defines the term “foreign mission”. However, such term is defined elsewhere in that section.
Prior Provisions
A prior section 37 of act
Amendments
2006—Subsec. (c). Pub. L. 109–177 substituted “section 3056 or 3056A of title 18” for “section 202 of title 3 or section 3056 of title 18”.
2002—Subsec. (a)(2). Pub. L. 107–228, § 202(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “for the purpose of conducting such investigations—
“(A) obtain and execute search and arrest warrants,
“(B) make arrests without warrant for any offense concerning passport or visa issuance or use if the special agent has reasonable grounds to believe that the person has committed or is committing such offense, and
“(C) obtain and serve subpoenas and summonses issued under the authority of the United States;”.
Subsec. (a)(3)(F). Pub. L. 107–228, § 202(a)(2), inserted “or President-elect” after “President”.
Subsec. (a)(5). Pub. L. 107–228, § 202(a)(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “arrest without warrant any person for a violation of section 111, 112, 351, 970, or 1028 of title 18—
“(A) in the case of a felony violation, if the special agent has reasonable grounds to believe that such person—
“(i) has committed or is committing such violation; and
“(ii) is in or is fleeing from the immediate area of such violation; and
“(B) in the case of a felony or misdemeanor violation, if the violation is committed in the presence of the special agent.”
Subsec. (b). Pub. L. 107–228, § 202(b), substituted “Agreements with Attorney General and Secretary of the Treasury and firearms regulations” for “Agreement with Attorney General and firearms regulations” in heading, added pars. (1) and (2), struck out former par. (1), which related to agreement with the Attorney General, and redesignated former par. (2) as (3).
2000—Subsec. (a)(3)(E), (F). Pub. L. 106–553, as renumbered by Pub. L. 106–554, added subpars. (E) and (F).
1994—Subsec. (d). Pub. L. 103–236 struck out subsec. (d) which read as follows: “The Secretary of State shall transmit the regulations prescribed under this section to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations of the Senate not less than 20 days before the date on which such regulations take effect.”
1990—Subsec. (a)(2). Pub. L. 101–246, § 113(1), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (a)(5). Pub. L. 101–246, § 113(2), amended introductory provisions generally, substituting “970, or 1028” for “911, 970, 1001, 1028, 1541, 1542, 1543, 1544, 1545, or 1546”.
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
Miscellaneous
Pub. L. 107–228, div. A, title II, § 202(c),
[For definitions of “Secretary” and “appropriate congressional committees” as used in section 202(c) of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.]