PRIA, Government Policy, Made Personal

Summary

Creates a permanent FBI police force under the FBI Director, with oversight by the Attorney General, to protect people and property on FBI property. The FBI police can patrol FBI buildings and nearby grounds, make arrests, enforce federal and District of Columbia laws while on duty, carry guns as needed, stop fights and unlawful gatherings, and exercise powers like sheriffs and constables when working on FBI property. They may not serve civil process. The Director or an Attorney General–authorized representative can appoint uniformed FBI employees as FBI police. Director — the Director of the FBI. FBI buildings and grounds — FBI-occupied buildings, the land they sit on, connected passageways, and nearby streets/sidewalks up to 500 feet. FBI police — the permanent force created here. Pay and benefits must match the United States Secret Service Uniformed Division, set by regulation, apply to pay periods beginning after January 1, 2003, and cannot reduce any individual’s pay. This does not change the authority of the D.C. Metropolitan Police.

Title 28, §540C

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Definitions.—

In this section: (1) Director.— (2) FBI buildings and grounds.—

(3)FBI police.—

The term “FBI police” means the permanent police force established under subsection (b).

(b)Establishment of FBI Police; Duties.—

(1)In general.—

Subject to the supervision of the Attorney General, the Director may establish a permanent police force, to be known as the FBI police.

(2)Duties.—

The FBI police shall perform such duties as the Director may prescribe in connection with the protection of persons and property within FBI buildings and grounds.

(3)Uniformed representative.—

The Director, or designated representative duly authorized by the Attorney General, may appoint uniformed representatives of the Federal Bureau of Investigation as FBI police for duty in connection with the policing of all FBI buildings and grounds.

(4)Authority.—

(A)In general.—

In accordance with regulations prescribed by the Director and approved by the Attorney General, the FBI police may—

(i)police the FBI buildings and grounds for the purpose of protecting persons and property;

(ii)in the performance of duties necessary for carrying out subparagraph (A), make arrests and otherwise enforce the laws of the United States, including the laws of the District of Columbia;

(iii)carry firearms as may be required for the performance of duties;

(iv)prevent breaches of the peace and suppress affrays and unlawful assemblies; and

(v)hold the same powers as sheriffs and constables when policing FBI buildings and grounds.

(B)Exception.—

The authority and policing powers of FBI police under this paragraph shall not include the service of civil process.

(5)Pay and benefits.—

(A)In general.—

The rates of basic pay, salary schedule, pay provisions, and benefits for members of the FBI police shall be equivalent to the rates of basic pay, salary schedule, pay provisions, and benefits applicable to members of the United States Secret Service Uniformed Division.

(B)Application.—

Pay and benefits for the FBI police under subparagraph (A)—

(i)shall be established by regulation;

(ii)shall apply with respect to pay periods beginning after January 1, 2003; and

(iii)shall not result in any decrease in the rates of pay or benefits of any individual.

(c)Authority of Metropolitan Police Force.—

This section does not affect the authority of the Metropolitan Police Force of the District of Columbia with respect to FBI buildings and grounds.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Another section 540C, added Pub. L. 107–306, title VIII, § 824(a), Nov. 27, 2002, 116 Stat. 2428, related to annual report on activities of Federal Bureau of Investigation personnel outside the United States. Pub. L. 108–177, title III, § 361(i), (n), Dec. 13, 2003, 117 Stat. 2625, 2626, which, under the heading “Annual Report on Activities of FBI Personnel Outside the United States”, directed the repeal of section 540C of title 28, effective Dec. 31, 2003, was executed by repealing the section 540C added by Pub. L. 107–306, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§540C Fbi Police