2002 U.S. Code
Title 50 - WAR AND NATIONAL DEFENSE
CHAPTER 15 - NATIONAL SECURITY
SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY
Sec. 403o - Security personnel at Agency installations

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§403o. Security personnel at Agency installations (a) Special policemen: functions and powers; regulations: promulgation and enforcement

(1) The Director may authorize Agency personnel within the United States to perform the same functions as special policemen of the General Services Administration perform under section 1315(a) and (b) 1 of title 40, with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers—

(A) within the Agency Headquarters Compound and the property controlled and occupied by the Federal Highway Administration located immediately adjacent to such Compound;

(B) in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such Compound and property and extending outward 500 feet;

(C) within any other Agency installation and protected property; and

(D) in the streets, sidewalks, and open areas within the zone beginning at the outside boundary of any installation or property referred to in subparagraph (C) and extending outward 500 feet.

(2) The performance of functions and exercise of powers under subparagraph (B) or (D) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to Agency installations, property, or employees.

(3) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service.

(4) The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A) or (C) of paragraph (1).

(b) Penalties for violations of regulations

The Director is authorized to establish penalties for violations of the rules or regulations promulgated by the Director under subsection (a) of this section. Such penalties shall not exceed those specified in section 1315(g) 1 of title 40.

(c) Identification

Agency personnel designated by the Director under subsection (a) of this section shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) of this section refers.

(June 20, 1949, ch. 227, §15, as added Pub. L. 98–473, title I, §140, Oct. 12, 1984, 98 Stat. 1973, as added Pub. L. 98–618, title IV, §401, Nov. 8, 1984, 98 Stat. 3301; amended Pub. L. 105–107, title IV, §404, Nov. 20, 1997, 111 Stat. 2260; Pub. L. 107–306, title VIII, §841(d), Nov. 27, 2002, 116 Stat. 2432.)

References in Text

Section 1315 of title 40, referred to in subsecs. (a)(1) and (b), was amended generally by Pub. L. 107–296, title XVII, §1706(b)(1), Nov. 25, 2002, 116 Stat. 2316, and as so amended, the provisions relating to functions and powers of special policemen and penalties which were contained in subsecs. (a), (b), and (g) have been revised and moved within the section.

Codification

In subsec. (a)(1), “section 1315(a) and (b) of title 40” substituted for “the first section of the Act entitled ‘An Act to authorize the Federal Works Administrator or officials of the Federal Works Agency duly authorized by him to appoint special policemen for duty upon Federal property under the jurisdiction of the Federal Works Agency, and for other purposes’ (40 U.S.C. 318)”, and in subsec. (b), “section 1315(g) of title 40” substituted for “the fourth section of the Act referred to in subsection (a) of this section (40 U.S.C. 318c)”, on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter.

Provisions of this section were also enacted by the Intelligence Authorization Act for fiscal year 1985, Pub. L. 98–618, title IV, §401, Nov. 8, 1984, 98 Stat. 3301.

Amendments

2002—Subsec. (a)(5). Pub. L. 107–306 struck out par. (5) which read as follows: “Not later than December 1, 1998, and annually thereafter, the Director shall submit a report to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate that describes in detail the exercise of the authority granted by this subsection, and the underlying facts supporting the exercise of such authority, during the preceding fiscal year. The Director shall make such report available to the Inspector General of the Central Intelligence Agency.”

1997—Subsec. (a)(1). Pub. L. 105–107, §404(1), (2), inserted “(1)” after “(a)”, substituted “powers—” for “powers only within Agency installations, and the rules and regulations enforced by such personnel shall be rules and regulations promulgated by the Director.”, and added subpars. (A) to (D).

Subsec. (a)(2) to (5). Pub. L. 105–107, §404(3), added pars. (2) to (5).

Designation of Headquarters Compound of Central Intelligence Agency as the George Bush Center for Intelligence

Reference to the headquarters compound of the Central Intelligence Agency deemed to be a reference to the George Bush Center for Intelligence, see section 309 of Pub. L. 105–272, set out as a note under section 403–1 of this title.

Section Referred to in Other Sections

This section is referred to in sections 403a, 403e, 403f of this title; title 10 section 444.

1 See References in Text note below.