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

Statutory text

Authority.—

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.

Agents To Have Authority.—

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.

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.

Guidelines for Exercise of Authority.—

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2000
Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Enacted · 10 U.S.C. § 7377
Added Pub. L. 106–398, § 1 [[div. A], title V, § 554(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–126, § 4027
Source evidence
Code source credit
Added Pub. L. 106–398, § 1 [[div. A], title V, § 554(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–126, § 4027
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 808(b)(15) · 132 Stat. 1636
Changed · 10 U.S.C. § 7377
Pub. L. 115–232 renumbered section 4027 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232 renumbered section 4027 of this title as this section.
Enacted provision · exact public law section
(15) Chapter 373.— Sections 4021, 4024, 4025, and 4027 are redesignated as sections 7371, 7374, 7375, and 7377, respectively.
Effective date note
Amendment 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.
2024
Pub. L. 118–159 § 1613(a)(1) · 138 Stat. 2168
Substituted · 10 U.S.C. § 7377
Pub. L. 118–159, § 1613(a)(1), substituted “Certain civilian special agents:” for “Civilian special agents of the Criminal Investigation Command:” in section catchline
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 118–159, § 1613(a)(1), substituted “Certain civilian special agents:” for “Civilian special agents of the Criminal Investigation Command:” in section catchline.
2024
Pub. L. 118–159 § 1613(a)(2) · 138 Stat. 2168
1. Amended · 10 U.S.C. § 7377(b)
  Pub. L. 118–159, § 1613(a)(2), designated existing provisions as par. (1)
2. Added · 10 U.S.C. § 7377(b)
  Pub. L. 118–159, § 1613(a)(2), added par. (2)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b). Pub. L. 118–159, § 1613(a)(2), designated existing provisions as par. (1) and added par. (2).

2 of 5 references resolved to an enrolled provision · 3 unresolved

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.

Amendments2018–2024 · 2 rounds

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 Amendment

Amendment 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.

Credits

2000–2024 · 3 acts

2000Added Pub. L. 106–398, § 1 [[div. A], title V, § 554(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–126, § 4027
2018renumbered § 7377, Pub. L. 115–232, div. A, title VIII, § 808(b)(15), Aug. 13, 2018, 132 Stat. 1839
2024amended Pub. L. 118–159, div. A, title XVI, § 1613(a), Dec. 23, 2024, 138 Stat. 2168.

Show as published

(Added Pub. L. 106–398, § 1 [[div. A], title V, § 554(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–126, § 4027; renumbered § 7377, Pub. L. 115–232, div. A, title VIII, § 808(b)(15), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 118–159, div. A, title XVI, § 1613(a), Dec. 23, 2024, 138 Stat. 2168.)