22 U.S.C. § 2709 — Special agents

Page 1145 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2709 ‘‘(E) the payment and approval of payment, shall be governed by procedures developed by the Sec- retary of State, in consultation with the Attorney General. ‘‘(2) Before making a reward under this section in a matter over which there is Federal criminal jurisdic- tion, the Secretary of State shall obtain the concur- rence of the Attorney General. ‘‘(3) Rewards under this section shall be subject to any requirements or limitations that apply to re- wards under section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) with respect to the ineligibility of government employees for re- wards, maximum reward amount, and procedures for the approval and certification of rewards for pay- ment. ‘‘(c) REFERENCE.—(1) For the purposes of subsection (a), the statute of the International Criminal Tribunal for the Former Yugoslavia means the Annex to the Re- port of the Secretary General of the United Nations pursuant to paragraph 2 of Security Council Resolution 827 (1993) (S/25704). ‘‘(2) For the purposes of subsection (a), the statute of the International Criminal Tribunal for Rwanda means the statute contained in the annex to Security Council Resolution 955 of November 8, 1994. ‘‘(3) For the purposes of subsection (a), the Statute of the Special Court for Sierra Leone means the Statute contained in the Annex to the Agreement Between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone. ‘‘(d) DETERMINATION OF THE SECRETARY.—A deter- mination made by the Secretary of State under this section shall be final and conclusive and shall not be subject to judicial review. ‘‘(e) PRIORITY.—Rewards under this section may be paid from funds authorized to carry out section 36 of the State Department Basic Authorities Act of 1956 [22 U.S.C. 2708]. In the Administration and payment of re- wards under the rewards program of section 36 of the State Department Basic Authorities Act of 1956, the Secretary of State shall ensure that priority is given for payments to individuals described in section 36 of that Act and that funds paid under this section are paid only after any and all due and payable demands are met under section 36 of that Act. ‘‘(f) REPORTS.—The Secretary shall inform the appro- priate committees of rewards paid under this section in the same manner as required by section 36(g) of the State Department Basic Authorities Act of 1956.’’ AVOIDING DUPLICATIVE AMENDMENTS Pub. L. 101–231, § 13(b), Dec. 13, 1989, 103 Stat. 1963, pro- vided that: ‘‘If the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 [Pub. L. 101–246, Feb. 16, 1990, 104 Stat. 87], is enacted before this Act [Dec. 13, 1989], and that Act makes the same amendment as is described in subsection (a) [amending this section], then subsection (a) shall not take effect. If, however, this Act is enacted before the Foreign Relations Au- thorization Act, Fiscal Years 1990 and 1991, and that Act would make the same amendment as is made by subsection (a), then that amendment as proposed to be made by that Act shall not take effect.’’ REWARDS FOR INTERNATIONAL TERRORISTS Pub. L. 99–399, title V, § 501, Aug. 27, 1986, 100 Stat. 869, provided that: ‘‘It is the sense of the Congress that the Secretary of State should more vigorously utilize the moneys available under section 36(a) of the State De- partment Basic Authorities Act of 1956 (22 U.S.C. 2708(a); relating to rewards for information on inter- national terrorism) to more effectively apprehend and prosecute international terrorists. It is further the sense of the Congress that the Secretary of State should consider widely publicizing the sizable rewards available under present law so that major international terrorist figures may be brought to justice.’’ § 2708a. Award of Thomas Jefferson Star for For- eign Service (a) Authority to award The President, upon the recommendation of the Secretary, may award a Thomas Jefferson Star for Foreign Service to any member of the Foreign Service or any other civilian employee of the Government of the United States who, while employed at, or assigned permanently or temporarily to, an official mission overseas or while traveling abroad on official business, in- curred a wound or other injury or an illness (whether or not the wound, other injury, or ill- ness resulted in death)— (1) as the person was performing official du- ties; (2) as the person was on the premises of a United States mission abroad; or (3) by reason of the person’s status as a United States Government employee. (b) Selection criteria The Secretary shall prescribe the procedures for identifying and considering persons eligible for award of a Thomas Jefferson Star for For- eign Service and for selecting the persons to be recommended for the award. (c) Award in the event of death If a person selected for award of a Thomas Jef- ferson Star for Foreign Service dies before being presented the award, the award may be made and the star presented to the person’s family or to the person’s representative, as designated by the President. (d) Form of award The Secretary shall prescribe the design of the Thomas Jefferson Star for Foreign Service. The award may not include a stipend or any other cash payment. (e) Funding Any expenses incurred in awarding a person a Thomas Jefferson Star for Foreign Service may be paid out of appropriations available at the time of the award for personnel of the depart- ment or agency of the United States Govern- ment in which the person was employed when the person incurred the wound, injury, or illness upon which the award is based. (Aug. 1, 1956, ch. 841, title I, § 36A, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 321], Nov. 29, 1999, 113 Stat. 1536, 1501A–436; amended Pub. L. 107–228, div. A, title III, § 311, Sept. 30, 2002, 116 Stat. 1377.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–228 substituted ‘‘Thomas Jefferson Star for Foreign Service’’ for ‘‘Foreign Service star’’ in section catchline and wherever appearing in text. § 2709. Special agents (a) General authority Under such regulations as the Secretary of State may prescribe, special agents of the De- partment of State and the Foreign Service may— (1) conduct investigations concerning— Page 1146 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2709 1 See References in Text note below. 2 So in original. The period probably should be a semicolon. (A) illegal passport or visa issuance or use; (B) identity theft or document fraud af- fecting or relating to the programs, func- tions, or authorities of the Department of State; (C) 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 (D) 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; (2) obtain and execute search and arrest war- rants, as well as 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 rep- resentatives of a foreign government, and other distinguished visitors to the United States, while in the United States; (B) the Secretary of State, Deputy Sec- retary 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 or- ganizations (as defined in section 4309(b) of this title), within the United States; (E) a departing Secretary of State for a pe- riod of up to 180 days after the date of termi- nation 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 or President-elect to serve as Secretary of State, prior to that individ- ual’s appointment.2 (4) if designated by the Secretary and quali- fied, under regulations approved by the Attor- ney General, for the use of firearms, carry firearms for the purpose of performing the du- ties authorized by this section; and (5) make arrests without warrant for any of- fense 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. (b) Agreements with Attorney General and Sec- retary of the Treasury and firearms regula- tions (1) Agreement with Attorney General The authority conferred by paragraphs (1) and (4) of subsection (a) shall be exercised sub- ject to an agreement between the Secretary and the Attorney General. (2) Agreement with Attorney General and Sec- retary of the Treasury The authority conferred by paragraphs (2) and (5) of subsection (a) shall be exercised sub- ject to an agreement among the Secretary, the Attorney General, and the Secretary of the Treasury. (3) Firearms regulations The Secretary of State shall prescribe regu- lations, which shall be approved by the Attor- ney 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) shall be construed to preclude or limit in any way the authority of the United States Secret Service to provide pro- tective services pursuant to section 3056 or 3056A of title 18 at a level commensurate with protec- tive 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 agree- ment with respect to their law enforcement functions. (Aug. 1, 1956, ch. 841, title I, § 37, as added Pub. L. 99–93, title I, § 125(a), Aug. 16, 1985, 99 Stat. 415; amended Pub. L. 101–246, title I, § 113, Feb. 16, 1990, 104 Stat. 22; Pub. L. 103–236, title I, § 139(1), Apr. 30, 1994, 108 Stat. 397; Pub. L. 106–553, § 1(a)(2) [title IV, § 406, formerly § 407], Dec. 21, 2000, 114 Stat. 2762, 2762A–97, renumbered Pub. L. 106–554, § 1(a)(4) [div. A, § 213(a)(5)], Dec. 21, 2000, 114 Stat. 2763, 2763A–180; Pub. L. 107–228, div. A, title II, § 202(a), (b), Sept. 30, 2002, 116 Stat. 1362; Pub. L. 109–177, title VI, § 605(e)(2)(A), Mar. 9, 2006, 120 Stat. 255; Pub. L. 114–323, title IV, § 408(a), Dec. 16, 2016, 130 Stat. 1930; Pub. L. 118–159, div. G, title LXXV, § 7501(b), Dec. 23, 2024, 138 Stat. 2544.) AMENDMENT OF SECTION For termination of amendment by section 7501(d) of Pub. 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 sec- tion. 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 subse- quently 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. AMENDMENTS 2024—Subsec. (a)(1)(C), (D). Pub. L. 118–159, § 7501(b), (d), temporarily added subpar. (C) and redesignated former subpar. (C) as (D). See Termination Date of 2024 Amendment note below. 2016—Subsec. (a)(1). Pub. L. 114–323 amended par. (1) generally. Prior to amendment, par. (1) read as follows: Page 1147 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2709 ‘‘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), amend- ed par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘for the purpose of conducting such inves- tigations— ‘‘(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 spe- cial 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 fol- lows: ‘‘arrest without warrant any person for a viola- tion 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 viola- tion; and ‘‘(ii) is in or is fleeing from the immediate area of such violation; and ‘‘(B) in the case of a felony or misdemeanor viola- tion, 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 Gen- eral, and redesignated former par. (2) as (3). 2000—Subsec. (a)(3)(E), (F). Pub. L. 106–553, as renum- bered 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 Com- mittee on the Judiciary of the House of Representa- tives 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 intro- ductory 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 Pub. L. 118–159 to terminate three years after Dec. 23, 2024, and provisions of law amended by Pub. L. 118–159 to be restored as if such amendment had not been enacted, see section 7501(d) of Pub. L. 118–159, set out in a Human Trafficking Authority note below. 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 con- strued to limit the investigative authority of any Fed- eral 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, includ- ing the functions of the Secretary of the Treasury re- lating 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 Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. HUMAN TRAFFICKING AUTHORITY Pub. L. 118–159, div. G, title LXXV, § 7501, Dec. 23, 2024, 138 Stat. 2544, provided that: ‘‘(a) IN GENERAL.—The Secretary [of State] is author- ized 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. ‘‘(b) AUTHORITIES.—[Amended this section.] ‘‘(c) REPORT.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], and annu- ally 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 inves- tigated by the Diplomatic Security Service as a re- sult of the additional authorities granted by the amendments made by this section. ‘‘(2) The percentage of the cases opened and inves- tigated by the Diplomatic Security Service as a re- sult 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 meaning- fully 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 effec- tively carry out the objectives of this section. ‘‘(d) SUNSET.—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 amend- ments had not been enacted. ‘‘(e) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this section, the term ‘appropriate commit- tees of Congress’ means— ‘‘(1) the Committee on Foreign Relations, the Com- mittee on Judiciary, and the Committee on Appro- priations of the Senate; and ‘‘(2) the Committee on Foreign Affairs, the Com- mittee on Judiciary, and the Committee on Appro- priations of the House of Representatives.’’ 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 Authori- ties 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 be- fore 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 pub- lished in the Federal Register.’’ Page 1148 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2710 [For definitions of ‘‘Secretary’’ and ‘‘appropriate con- gressional 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.] § 2710. Expenses relating to participation in arbi- trations of certain disputes (a) International agreements The Secretary of State may use funds avail- able to the Secretary for the expenses of United States participation in arbitrations and other proceedings for the peaceful resolution of dis- putes under treaties or other international agreements. (b) Contracts abroad The Secretary of State may use funds avail- able to the Secretary for the expenses of United States participation in arbitrations arising under contracts authorized by law for the per- formance of services or acquisition of property, real or personal, abroad. (c) Procurement of services The Secretary of State may use competitive procedures or procedures other than competitive procedures to procure the services of experts for use in preparing or prosecuting a proceeding be- fore an international tribunal or a claim by or against a foreign government or other foreign entity, whether or not the expert is expected to testify, or to procure personal and other support services for such proceedings or claims. The Sec- retary need not provide any written justifica- tion for the use of procedures other than com- petitive procedures when procuring such serv- ices under this subsection and need not furnish for publication in the Commerce Business Daily or otherwise any notice of solicitation or syn- opsis with respect to such procurement. (d) International Litigation Fund (1) Establishment In order to provide the Department of State with a dependable, flexible, and adequate source of funding for the expenses of the De- partment related to preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, there is established an International Litigation Fund (hereafter in this subsection referred to as the ‘‘ILF’’). The ILF may be available without fiscal year limi- tation. Funds otherwise available to the De- partment for the purposes of this paragraph may be credited to the ILF. (2) Reprogramming procedures Funds credited to the ILF shall be treated as a reprogramming of funds under section 2706 of this title and shall not be available for obliga- tion or expenditure except in compliance with the procedures applicable to such reprogrammings. This paragraph shall not apply to the transfer of funds under paragraph (3). (3) Transfers of funds Funds received by the Department of State from another agency of the United States Gov- ernment or pursuant to the Department of State Appropriations Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of preparing or prosecuting a proceeding before an inter- national tribunal, or a claim by or against a foreign government or other foreign entity, shall be credited to the ILF. (4) Use of funds Funds deposited in the ILF shall be avail- able only for the purposes of paragraph (1). (e) Retention of funds (1) In general To reimburse the expenses of the United States Government in preparing or pros- ecuting a proceeding before an international tribunal, or a claim against a foreign govern- ment or other foreign entity, the Secretary may retain 1.5 percent of any amount between $100,000 and $5,000,000, and one percent of any amount over $5,000,000, received per claim under section 2668a of this title. (2) Treatment Amounts retained under the authority of paragraph (1) shall be deposited into the fund under subsection (d). (Aug. 1, 1956, ch. 841, title I, § 38, as added Pub. L. 99–93, title I, § 128, Aug. 16, 1985, 99 Stat. 419; amended Pub. L. 103–236, title I, § 123, Apr. 30, 1994, 108 Stat. 392; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2212(b), Oct. 21, 1998, 112 Stat. 2681–812; Pub. L. 107–228, div. A, title II, § 203, Sept. 30, 2002, 116 Stat. 1362.) Editorial Notes REFERENCES IN TEXT The Department of State Appropriations Act of 1937, referred to in subsec. (d)(3), probably means the Depart- ment of State Appropriation Act, 1937, which is title I of act May 15, 1936, ch. 405, 49 Stat. 1309. Provisions re- lating to acceptance by the Secretary of State of reim- bursement for expenses incurred in pursuing certain private claims against foreign governments were added to that act by Pub. L. 100–204, title I, § 142(b), Dec. 22, 1987, 101 Stat. 1350, and are classified to section 2661 of this title. Section 2668a of this title, referred to in subsec. (e)(1), was in the original ‘‘chapter 34 of the Act of February 27, 1896 (22 U.S.C. 2668a; 29 Stat. 32)’’. Section 2668a of this title contains the only provisions of the Act which are classified to the Code. PRIOR PROVISIONS A prior section 38 of act Aug. 1, 1956, was renumbered section 39 by section 128 of Pub. L. 99–93, and subse- quently renumbered, and 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. AMENDMENTS 2002—Subsec. (e). Pub. L. 107–228 added subsec. (e). 1998—Subsec. (c). Pub. L. 105–277 inserted ‘‘personal and’’ before ‘‘other support services’’ in first sentence. 1994—Subsecs. (c), (d). Pub. L. 103–236 added subsecs. (c) and (d). § 2711. Counterterrorism Protection Fund (a) Authority The Secretary of State may reimburse domes- tic and foreign persons, agencies, or govern- ments for the protection of judges or other per-