Federal · Title 22 — Foreign Relations and Intercourse

22 U.S.C. § 2709: Special agents

Civil

What this law says, in plain English

This statute defines the authority and duties of State Department special agents, including their power to investigate passport fraud, execute warrants, and protect certain officials and foreign dignitaries.

Read the full statutory text
illegal passport or visa issuance or use; identity theft or document fraud affecting or relating to the programs, functions, or authorities of the Department of State; transnational violations of chapter 77 of title 18 in which any part of the offense conduct occurred outside the United States or involved one or more foreign nationals; or Federal offenses committed within the special maritime and territorial jurisdiction of the United States (as defined in section 7(9) of title 18 ), except as such jurisdiction relates to the premises of United States military missions and related residences; obtain and execute search and arrest warrants, as well as obtain and serve subpoenas and summonses issued under the authority of the United States; heads of a foreign state, official representatives of a foreign government, and other distinguished visitors to the United States, while in the United States; the Secretary of State, Deputy Secretary of State, and official representatives of the United States Government, in the United States or abroad; members of the immediate family of persons described in subparagraph (A) or (B); foreign missions (as defined in section 4302(a)(4) 1 of this title) and international organizations (as defined in 1 See References in Text note below. section 4309(b) of this title ), within the United States; 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 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 2 So in original. The period probably should be a semicolon. 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 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. The authority conferred by paragraphs (1) and (4) of subsection (a) shall be exercised subject to an agreement between the Secretary and the Attorney General. The authority conferred by paragraphs (2) and (5) of subsection (a) shall be exercised subject to an agreement among the Secretary, the Attorney General, and the Secretary of the Treasury. 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. Nothing in subsection (a)(3) 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. The Secretary [of State] is authorized to investigate transnational violations of chapter 77 of title 18, United States Code, in which part of the offense conduct occurred outside the United States or involved one or more foreign nationals. The number of relevant cases opened and investigated by the Diplomatic Security Service as a result of the additional authorities granted by the amendments made by this section. The percentage of the cases opened and investigated by the Diplomatic Security Service as a result of the additional authorities granted by the amendments made by this section that were referred for further action, including prosecution. An assessment of the efficacy of the authorities granted by the amendments made by this section and whether such authorities are sufficient to meaningfully contribute to Department and broader United States Government efforts to prosecute and prevent, where applicable, human trafficking and transnational violations of chapter 77 of title 18, United States Code. An assessment of whether the resources of the Diplomatic Security Service are sufficient to effectively carry out the objectives of this section. This section and the amendments made by subsection (b) shall terminate on the date that is three years after the date of the enactment of this Act [ Dec. 23, 2024 ], and the provisions of law amended by such amendments shall be restored as if such amendments had not been enacted. the Committee on Foreign Relations, the Committee on Judiciary, and the Committee on Appropriations of the Senate; and the Committee on Foreign Affairs, the Committee on Judiciary, and the Committee on Appropriations of the House of Representatives.” 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 publishes in the Federal Register a notice that the agreement has been submitted in accordance with the requirements of subparagraph (A). 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.”

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