22 USC 2709 - Special agents

1 See References in Text note below.

of this title) and international organizations (as defined in

2 So in original. The period probably should be a semicolon.

Amendment of Section

For termination of amendment by section 7501(d) of Puspan. L. 118–159 and revival of prior provisions, see Termination Date of 2024 Amendment note below.

Editorial Notes

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 Puspan. 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 Puspan. L. 102–138, title I, § 111(1), Oct. 28, 1991, 105 Stat. 654.

Amendments

2024—Subsec. (a)(1)(C), (D). Puspan. L. 118–159, § 7501(span), (d), temporarily added subpar. (C) and redesignated former subpar. (C) as (D). See Termination Date of 2024 Amendment note below.

2016—Subsec. (a)(1). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 107–228, § 202(a)(2), inserted “or President-elect” after “President”.

Subsec. (a)(5). Puspan. 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. (span). Puspan. L. 107–228, § 202(span), substituted “Agreements with Attorney General and Secretary of the Treasury and firearms regulations” for “Agreement with Attorney General and firearms regulations” in span, 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). Puspan. L. 106–553, as renumbered by Puspan. L. 106–554, added subpars. (E) and (F).

1994—Subsec. (d). Puspan. 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). Puspan. L. 101–246, § 113(1), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (a)(5). Puspan. 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

Termination Date of 2024 Amendment

Amendment by Puspan. L. 118–159 to terminate three years after Dec. 23, 2024, and provisions of law amended by Puspan. L. 118–159 to be restored as if such amendment had not been enacted, see section 7501(d) of Puspan. L. 118–159, set out in a Human Trafficking Authority note below.

Construction

Puspan. L. 114–323, title IV, § 408(span), 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 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.

Human Trafficking Authority

Puspan. L. 118–159, div. G, title LXXV, § 7501, Dec. 23, 2024, 138 Stat. 2544, provided that:

“(a)In General.—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.

“(span)Authorities.—

[Amended this section.]

“(c)Report.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], and annually thereafter for 3 years, the Secretary shall submit to the appropriate committees of Congress a report that includes each of the following:

“(1) 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.

“(2) 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.

“(3) 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.

“(4) An assessment of whether the resources of the Diplomatic Security Service are sufficient to effectively carry out the objectives of this section.

“(d)Sunset.—This section and the amendments made by subsection (span) 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.

“(e)Appropriate Committees of Congress Defined.—In this section, the term ‘appropriate committees of Congress’ means—

“(1) the Committee on Foreign Relations, the Committee on Judiciary, and the Committee on Appropriations of the Senate; and

“(2) the Committee on Foreign Affairs, the Committee on Judiciary, and the Committee on Appropriations of the House of Representatives.”

Implementation of Search, Seizure, Service, and Arrest Authority

Puspan. 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 (span)(2) of section 37 of such Act [22 U.S.C. 2709(span)(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 Puspan. L. 107–228, set out above, see section 3 of Puspan. L. 107–228, set out as a note under section 2651 of this title.]