The Board may designate employees of the corporation to act as law enforcement agents in the area of jurisdiction described in subsection (c) of this section.
(b) Duties and powers
A law enforcement agent designated under subsection (a) of this section shall maintain law and order and protect persons and property in the area of jurisdiction described in subsection (c) of this section and protect property and officials and employees of the corporation outside that area.
In the performance of duties described in paragraph (1), a law enforcement agent designated under subsection (a) of this section may—
(A)make arrests without warrant for any offense against the United States committed in the agent’s presence, or for any felony cognizable under the laws of the United States if the agent has probable cause to believe that the person to be arrested has committed or is committing such a felony;
(B)execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of any Federal law or regulation issued pursuant to law in connection with the investigation of an offense described in subparagraph (A);
(C)conduct an investigation of an offense described in subparagraph (A) in the absence of investigation of the offense by any Federal law enforcement agency having investigative jurisdiction over the offense or with the concurrence of that agency; and
(D)carry firearms in carrying out any activity described in subparagraph (A), (B), or (C).
(c) Area of jurisdiction
A law enforcement agent designated under subsection (a) of this section shall be authorized to exercise the law enforcement duties and powers described in subsection (b) of this section—
(1)on any lands or facilities owned or leased by the corporation or within such adjoining areas in the vicinities of such lands or facilities as may be determined by the Board under subsection (e) of this section; and
(2)on other lands or facilities—
(A)when the person to be arrested is in the process of fleeing from such lands, facilities, or adjoining areas to avoid arrest;
(B)in conjunction with the protection of property or officials or employees of the corporation on or within lands or facilities other than those owned or leased by the corporation; or
(C)in cooperation with other Federal, State, or local law enforcement agencies.
(d) Federal investigative jurisdiction and State civil and criminal jurisdiction not preempted
Nothing in this section shall be construed to—
(1)limit or restrict the investigative jurisdiction of any Federal law enforcement agency; or
(2)affect any right of a State or a political subdivision thereof to exercise civil and criminal jurisdiction on or within lands or facilities owned or leased by the corporation.
(e) Determination of adjoining areas
(1) In general
The Board shall determine and may from time-to-time modify the adjoining areas for each facility or particular area of land, or for individual categories of such facilities or lands, for the purposes of subsection (c)(1) of this section.
A notice and description of each adjoining area determination or modification of a determination made under paragraph (1) shall be published in the Federal Register.
(f) Qualifications and training
The Board, in consultation with the Attorney General, shall adopt qualification and training standards for law enforcement agents designated under subsection (a) of this section.
(g) Relation to other law
A law enforcement agent designated under subsection (a) of this section shall not be considered to be a law enforcement officer of the United States for the purposes of any other law, and no law enforcement agent designated under subsection (a) of this section or other employee of the corporation shall receive an increase in compensation solely on account of this section.
(h) Relationship with Attorney General
The duties and powers of law enforcement agents designated under subsection (a) of this section that are described in subsection (b) of this section shall be exercised in accordance with guidelines approved by the Attorney General.
2004—Subsecs. (c)(1), (e)(1), (f). Pub. L. 108–447substituted “Board” for “board”.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–447effective on the later of the date on which at least three persons nominated under section 604(a) ofPub. L. 108–447take office or May 18, 2005, see section 604(b) ofPub. L. 108–447, set out in an Appointments; Effective Date; Transition note under section
831a of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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