§ 2709. — Special agents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2709]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2709. Special agents
(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) \1\
of this title) and international organizations (as defined in
section 4309(b) of this title), within the United States;
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\1\ See References in Text note below.
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(E) a departing Secretary of State for a period of up to 180
days after the date of termination of that individual's
incumbency as Secretary of State, on the basis of a threat
assessment; and
(F) an individual who has been designated by the President
or President-elect to serve as Secretary of State, prior to that
individual's appointment.\2\
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\2\ So in original. The period probably should be a semicolon.
(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 202 of title
3 or section 3056 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.
(Aug. 1, 1956, ch. 841, title I, Sec. 37, as added Pub. L. 99-93, title
I, Sec. 125(a), Aug. 16, 1985, 99 Stat. 415; amended Pub. L. 101-246,
title I, Sec. 113, Feb. 16, 1990, 104 Stat. 22; Pub. L. 103-236, title
I, Sec. 139(1), Apr. 30, 1994, 108 Stat. 397; Pub. L. 106-553,
Sec. 1(a)(2) [title IV, Sec. 406, formerly Sec. 407], Dec. 21, 2000, 114
Stat. 2762, 2762A-97, renumbered Pub. L. 106-554, Sec. 1(a)(4) [div. A,
Sec. 213(a)(5)], Dec. 21, 2000, 114 Stat. 2763, 2763A-180; Pub. L. 107-
228, div. A, title II, Sec. 202(a), (b), Sept. 30, 2002, 116 Stat.
1362.)
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 Aug. 1, 1956, was renumbered section 38 by
section 125(a) of Pub. L. 99-93, and subsequently renumbered, and was
set out as a Short Title of 1956 Amendment note under section 2651 of
this title, prior to repeal by Pub. L. 102-138, title I, Sec. 111(1),
Oct. 28, 1991, 105 Stat. 654.
Amendments
2002--Subsec. (a)(2). Pub. L. 107-228, Sec. 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, Sec. 202(a)(2), inserted ``or
President-elect'' after ``President''.
Subsec. (a)(5). Pub. L. 107-228, Sec. 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, Sec. 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, Sec. 113(1), added subpar.
(B) and redesignated former subpar. (B) as (C).
Subsec. (a)(5). Pub. L. 101-246, Sec. 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 November 25,
2002, as modified, set out as a note under section 542 of Title 6.
Implementation of Search, Seizure, Service, and Arrest Authority
Pub. L. 107-228, div. A, title II, Sec. 202(c), Sept. 30, 2002, 116
Stat. 1362, provided that:
``(1) The authority conferred by paragraphs (2) and (5) of section
37(a) of the State Department Basic Authorities Act of 1956 [22 U.S.C.
2709(a)(2), (5)], as amended by subsection (a), may not be exercised
until the date on which the Secretary--
``(A) submits the agreement required by subsection (b)(2) of
section 37 of such Act [22 U.S.C. 2709(b)(2)] to the appropriate
congressional committees; and
``(B) publishes in the Federal Register a notice that the
agreement has been submitted in accordance with the requirements of
subparagraph (A).
``(2) The authority conferred by paragraphs (2) and (5) of
subsection (a) of section 37 of the State Department Basic Authorities
Act of 1956, as in effect on the day before the date of the enactment of
this Act [Sept. 30, 2002], may continue to be exercised until the date
on which the notice described in paragraph (1)(B) is published in the
Federal Register.''
[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.]
Section Referred to in Other Sections
This section is referred to in section 4044 of this title; title 5
section 5542.
