22 U.S.C. § 2709
Under such regulations as the Secretary of State may prescribe, special agents of the Department of State and the Foreign Service may-
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.
1See References in Text note below.
2So in original. The period probably should be a semicolon.
22 U.S.C. § 2709
EDITORIAL NOTES
REFERENCES IN TEXTSection 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 PROVISIONSA 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, §111(1), Oct. 28, 1991, 105 Stat. 654.
AMENDMENTS2016-Subsec. (a)(1). Pub. L. 114-323 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "conduct investigations concerning illegal passport or visa issuance or use;". 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".
STATUTORY NOTES AND RELATED SUBSIDIARIES
CONSTRUCTION Pub. L. 114-323, title IV, §408(b), Dec. 16, 2016, 130 Stat. 1930, provided that: "Nothing in the amendment made by subsection (a) [amending this section] may be construed to limit the investigative authority of any Federal department or agency other than the Department [of State]."
TRANSFER OF FUNCTIONSFor 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, §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.]