
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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) 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;

        (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 
        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) 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.

(b) Agreement with Attorney General and firearms regulations

                 (1) Agreement with Attorney General

        The authority conferred by paragraphs (1), (2), (4), and (5) of 
    subsection (a) of this section shall be exercised subject to an 
    agreement with the Attorney General and shall not be construed to 
    affect the investigative authority of any other Federal law 
    enforcement agency.

                      (2) 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.)

                       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

    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''.

                  Section Referred to in Other Sections

    This section is referred to in section 4044 of this title; title 5 
section 5542.
