Statutes Flashcards
(23 cards)
22 USC 4802
Responsibility of the Secretary of State: Shall develop and implement policies and programs to include…1) Protection of all US government personnel on official duty abroad (excluding Voice of America and personnel under military commander. 2) Establishment and operation of security functions at all missions abroad. 3) Establishment and operation of security functions at all DOS facilities in the US. 4) Protection of foreign missions, international organizations, foreign officials and other persons in the US as authorized by law.
22 USC 3927
Chief of Mission Authority: 1) Responsible for the direction, coordination, and supervision of all government executive branch employees in that country. 2) Shall keep fully informed with respect to all activities and operations of the government within that country and ensure employees comply fully with all applicable directives of the COM. 3) Carry out the presidents foreign policy as stated in the President’s Letter of Instruction.
22 USC 2709
Special Agents Authority: 1) Conduct investigations concerning illegal passport or visa issuance/use. 2) Obtain and execute search and arrest warrants, as well as obtain and serve subpoenas and summonses issued under the authority of the US. 3) Protect and perform protective functions directly related to maintaining the security/safety of; heads of foreign state, Secretary of State (Deputy), official representatives of US abroad, immediate family members of those above, foreign missions and international organizations in the US, departing Secretary of State (up to 180 days), and an individual who has been designated by the President to serve as the secretary of State. 4) Carry firearms. 5) Make arrests
22 USC 4821
States the Secretary of State may establish the Diplomatic Security Service
Use of Race by Federal Law Enforcement Agencies
Traditional Law Enforcement Activities: 1) In making routine or spontaneous law enforcement decisions, such as ordinary traffic stops, federal law enforcement officers may not use race or ethnicity to any degree, except that officers may rely on race and ethnicity in a specific suspect description. 2) May consider race/ethnicity only when there is trustworthy information, relevant to the locality that links the person of a particular race/ethnicity to a crime. 3) NATIONAL SECURITY AND BORDER INTEGRITY - In investigating or preventing threats to national security or other catastrophic events, or in enforcing laws protecting the integrity of the nations borders, federal law enforcement officers may not consider race or ethnicity except to the extent permitted by the Constitution and laws of the US
18 USC 111
Prohibits that assault of government employees (while on duty or on account of those duties). Misdemeanor and felony offenses (implicit extraterritorial jurisdiction)
18 USC 1114
Prohibits the killing or attempting to kill employee of the US
18 USC 112
This prohibits the assault of foreign officials (IPPs & foreign guests) 24/7 coverage, no need to be on duty. Misdemeanor and felony offenses (explicit extraterritorial jurisdiction)
18 USC 1116
This prohibits the killing or attempting to kill a foreign official, official guest or IPP
18 USC 115
This prohibits assaults, threats, etc. against family members of federal employees as well as threats against federal employees (not occurring in their presence or future threat), if the prohibited conduct is engaged in order to intimidate or interfere with federal employee
18 USC 118
This prohibits the knowing interference with a DS agent (or other federal LEO) in Department of State protective duties
18 USC 351
This prohibits the killing, kidnapping, or assaulting of members of congress, supreme court justices, and the top two officials of the major departments of US government.
18 USC 970
Protection of property occupied by foreign governments (felony if property is destroyed, misdemeanor if trespass)
18 USC 911
False claim of citizenship
18 USC 1001
This prohibits the willful false statement to the USG (including passport application) Felony violation only, 5 year statute of limitations, more favorable venue options than 1542. MATERIALITY is an element of this offense.
18 USC 1028
Prohibits the production, transfer, and possession of false ID government docs (federal, state, local, foreign governments, and international organizations) and identity theft under certain circumstances, through a concept of “means of identification” [Drivers license and passports are protected documents, but vehicle registration and college id are not]
18 USC 1028A
Aggravated ID theft - KNOWING use of means of identification to commit various crimes (2 year mandatory sentence)
18 USC 1541
This statute goes after the conduct of a bad employee or someone purporting to have the authority to issue or verify a US passport. 10 year statute of limitations
18 USC 1542
This statute prohibits 1) the willful submission of a false passport application and 2) additional counts for the later use of any such passport issued following a false statement anywhere in the world (10 year s/l). VENUE for the false statement offense is only available where the actual false statement was made - this is less advantageous than 1001 for venue purposes but more advantageous for the statute of limitations. Materiality is NOT an element of this offense
18 USC 1543
The making of false or counterfeit passport (US & Foreign) and the use of any such passport (10 yr)
18 USC 1544
The misuse of US or foreign passport - if you willfully use your brothers passport with his knowledge (both you and your brother have violated the statute. If you travel to Cuba without permission from the US government, you violate this statute, If you use the DIP passport for unauthorized travel you violate this statute.
18 USC 1546
This prohibits many different types of conduct (including possession) in relation to VISAs, border crossing cards, permits, and passports.
42 USC 408
Falsely claiming a SSN to be yours to obtain any benefit (including passport)
