22 U.S.C. § 2709
Section 2709 · Special agents
Version as of September 30, 2002, with additions and removals from the December 21, 2000 version.
Under such regulations as the Secretary of State may prescribe, special agents of the Department of State and the Foreign Service may—
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;
(1) conduct investigations concerning illegal passport or visa issuance or use;
(2) for the purpose of conducting such investigations—
(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—
(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;
(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;
(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);
(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;
(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;
(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
(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
(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
(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.
(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.
(1) Agreement with Attorney General
(1) Agreement with 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.
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.
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) 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.
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.