§7377 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Army can let certain civilian Army special agents serve and carry out federal warrants and make arrests without a warrant. This applies to special agents of the Army Criminal Investigation Command (or its successor) who investigate Army programs and operations. It also applies, for the four-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, to special agents of the Army Counterintelligence Command (or its successor) who handle counterintelligence investigations. Those powers must be used under rules set by the Secretary of the Army and approved by the Secretary of Defense and the Attorney General, plus any other applicable Army, Defense, or Justice rules.

Title 10, §7377

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of the Army may authorize any Department of the Army civilian employee described in subsection (b) to have the same authority to execute and serve warrants and other processes issued under the authority of the United States and to make arrests without a warrant as may be authorized under section 1585a of this title for special agents of the Defense Criminal Investigative Service.

(b)(1)Subsection (a) applies to any employee of the Department of the Army who is a special agent of the Army Criminal Investigation Command (or a successor to that command) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Army.

(2)In addition to paragraph (1), during the four-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, subsection (a) applies to any employee of the Department of the Army who is a special agent of the Army Counterintelligence Command (or a successor to that command) whose duties include conducting, supervising, or coordinating counterintelligence investigations in programs and operations of the Department of the Army.

(c)The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Secretary of the Army and approved by the Secretary of Defense and the Attorney General and any other applicable guidelines prescribed by the Secretary of the Army, the Secretary of Defense, or the Attorney General.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 118–159, also known as the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025, which was approved Dec. 23, 2024.

Amendments

2024—Pub. L. 118–159, § 1613(a)(1), substituted “Certain civilian special agents:” for “Civilian special agents of the Criminal Investigation Command:” in section catchline. Subsec. (b). Pub. L. 118–159, § 1613(a)(2), designated existing provisions as par. (1) and added par. (2). 2018—Pub. L. 115–232 renumbered section 4027 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7377 Certain civilian special agents: authority to execute warrants and make arrests

Summary

Title 10, §7377

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata