7 U.S.C. § 2279k: Authorization of protection…

Summary

Authorizes the Department of Agriculture to hire qualified law enforcement officers or special agents to protect the Secretary and Deputy Secretary while they do official work and during activities just before or after that work. It also allows protection for people who are with them if there is a specific threat of physical harm, continuous protection when a specific threat exists, and protection for other senior officers (including a person nominated to be Secretary while the nomination is pending) when there is a specific threat. Those officers may carry firearms, investigate threats, make warrantless arrests for crimes they see, do security planning and advance event checks, and work with local police. They must follow guidelines from the Attorney General and any additional rules the Secretary issues. These powers may be used despite section 1343(b)(1) of title 31. By September 30, 2019, and each September 30 through 2024, the Secretary must report to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry about the protection given and the money spent.

Title 7, §2279k

Agriculture, Source: USLM XML via OLRC

(a)In general

The Department of Agriculture is authorized to employ qualified law enforcement officers or special agents to provide—

(1)protection for the Secretary and the Deputy Secretary during the performance of official duties by each such officer and during any activity that is preliminary or postliminary to the performance of official duties by each such officer;

(2)protection, incidental to the protection provided pursuant to paragraph (1), to an individual accompanying each such officer who is participating in an activity or event relating to the official duties of each such officer when there is an articulable threat to such individual;

(3)continuous protection to the Secretary and Deputy Secretary (including during periods not described in paragraph (1)) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary; and

(4)protection of another senior officer representing the Secretary (including a person nominated to be the Secretary during the pendency of such nomination) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary.

(b)Authorities of the protective operation

(1)In general

The Secretary may authorize officers or special agents employed pursuant to subsection (a)—

(A)to carry firearms;

(B)to conduct criminal investigations into potential threats to the security of persons protected under this section;

(C)to make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent;

(D)to perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; and

(E)to coordinate with local law enforcement agencies.

(2)Guidelines

The authority conveyed under this section shall be exercised in accordance with any—

(A)guidelines issued by the Attorney General; and

(B)such additional guidelines as may be issued by the Secretary.

(c)Exception

The authorities granted under this section may be exercised notwithstanding section 1343(b)(1) of title 31.

(d)Report

Not later than September 30, 2019, and each September 30 through 2024, the Secretary shall provide to the Committee on Agriculture of the House of Representatives and Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the protection provided, and accounting for the expenditures made, pursuant to this section.

Statutory Notes and Related Subsidiaries

Definition of “Secretary” “Secretary” means the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under section 9001 of this title.

§2279k Authorization of Protection Operations for the Secretary of Agriculture and Others

Summary

Title 7, §2279k

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata