(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 officers and agents of the Department of Homeland Security, as provided in section
1315(b)(2) 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(c)(2) of title
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.
(d) Protection of certain CIA personnel from tort liability
(1)Notwithstanding any other provision of law, any Agency personnel designated by the Director under subsection (a) of this section, or designated by the Director under section
403f(a)(4) of this title to carry firearms for the protection of current or former Agency personnel and their immediate families, defectors and their immediate families, and other persons in the United States under Agency auspices, shall be considered for purposes of chapter
171 of title
28, or any other provision of law relating to tort liability, to be acting within the scope of their office or employment when such Agency personnel take reasonable action, which may include the use of force, to—
(A)protect an individual in the presence of such Agency personnel from a crime of violence;
(B)provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or
(C)prevent the escape of any individual whom such Agency personnel reasonably believe to have committed a crime of violence in the presence of such Agency personnel.
(2)Paragraph (1) shall not affect the authorities of the Attorney General under section
2679 of title
(3)In this subsection, the term “crime of violence” has the meaning given that term in section
16 of title
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.
2003—Subsec. (a)(1). Pub. L. 108–177, § 377(b)(3)(A), substituted “officers and agents of the Department of Homeland Security, as provided in section
1315(b)(2) of title
40,” for “special policemen of the General Services Administration perform under 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 policeman for duty upon Federal property under the jurisdiction of the Federal Works Agency, and for other purposes’ (40 U.S.C. 318),”.
Subsec. (b). Pub. L. 108–177, § 377(b)(3)(B), substituted “section
1315(c)(2) of title
40” for “the fourth section of the Act referred to in subsection (a) of this section (40 U.S.C. 318c)”.
2002—Subsec. (a)(5). Pub. L. 107–306struck 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).
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 ofPub. L. 105–272, set out as a note under section
403–4 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
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.