§3515 — Title 50 War and National Defense | U.S. Code

Summary

The Director may allow Agency security staff in the United States to do the same jobs and use the same powers as Department of Homeland Security officers under 40 U.S.C. 1315(b)(2), but only in specific places: the Agency Headquarters installation and the Federal Highway Administration property next to it; any streets, sidewalks, and open areas up to 500 yards outside those sites; any other Agency installation and protected property; installations owned or leased for one year or more by the Office of the Director of National Intelligence; and the streets, sidewalks, and open areas up to 500 yards outside those other sites. Use of those powers in the 500-yard zones is allowed only when officers have specific facts that make it reasonable to act to prevent physical damage, injury, or threats to Agency places, property, or staff. The Director’s rules apply only to the listed Agency areas. The Director can set penalties for breaking those rules up to the maximum for a Class B misdemeanor under section 3559 of title 18. Designated personnel must be clearly marked as U.S. Government security staff while working. Agency staff authorized under this rule, or those allowed to carry firearms under section 3506(a)(4)(D) or (E), are treated as acting within their job for tort law (chapter 171 of title 28 and similar laws) when they reasonably use force or take other reasonable actions to protect someone from a crime of violence, help someone facing bodily harm, or stop the escape of someone they reasonably believe committed a crime of violence in their presence. This does not change the Attorney General’s authorities under section 2679 of title 28. “Crime of violence” means the term in section 16 of title 18.

Title 50, §3515

War and National Defense — Source: USLM XML via OLRC

(a)(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 Installation and the property controlled and occupied by the Federal Highway Administration located immediately adjacent to such Installation;

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

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

(D)within an installation owned, or contracted to be occupied for a period of one year or longer, by the Office of the Director of National Intelligence; and

(E)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) or (D) and extending outward 500 yards.

(2)The performance of functions and exercise of powers under subparagraph (B) or (E) 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), (C), or (D) of paragraph (1).

(b)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 the maximum penalty authorized for a Class B misdemeanor under section 3559 of title 18.

(c)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)(1)Notwithstanding any other provision of law, any Agency personnel designated by the Director under subsection (a), or designated by the Director to carry firearms under subparagraph (D) or (E) of section 3506(a)(4) of this title, 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 28.

(3)In this subsection, the term “crime of violence” has the meaning given that term in section 16 of title 18.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 403o of this title prior to editorial reclassification and renumbering as this section. Pub. L. 98–473, title I, § 140 and Pub. L. 98–618, title IV, § 401, added substantially identical section 15 to act

June 20, 1949, ch. 227. This section is based on the section 15 of act

June 20, 1949, ch. 227, as added by Pub. L. 98–618.

Amendments

2025—Subsec. (a)(1). Pub. L. 119–60 substituted “Installation” for “Compound” wherever appearing. 2023—Subsec. (b). Pub. L. 118–31 substituted “the maximum penalty authorized for a Class B misdemeanor under section 3559 of title 18” for “those specified in section 1315(c)(2) of title 40”. 2022—Subsec. (a)(1)(D). Pub. L. 117–263, § 6303(a)(1)(A), (C), added subpar. (D). Former subpar. (D) redesignated (E). Subsec. (a)(1)(E). Pub. L. 117–263, § 6303(a)(1)(B), (D), redesignated subpar. (D) as (E) and inserted “or (D)” after “in subparagraph (C)”. Subsec. (a)(2). Pub. L. 117–263, § 6303(a)(2), substituted “or (E)” for “or (D)”. Subsec. (a)(4). Pub. L. 117–263, § 6303(a)(3), substituted “in subparagraph (A), (C), or (D)” for “in subparagraph (A) or (C)”. Subsec. (d)(1). Pub. L. 117–263, § 6414(b), substituted “designated by the Director to carry firearms under subparagraph (D) or (E) of section 3506(a)(4) of this title,” for “designated by the Director under section 3506(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,” in introductory provisions. 2019—Subsec. (a)(1)(B). Pub. L. 116–92, § 6413(1), substituted “500 yards;” for “500 feet;”. Subsec. (a)(1)(D). Pub. L. 116–92, § 6413(2), substituted “500 yards.” for “500 feet.” 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)”. Subsec. (d). Pub. L. 108–177, § 402, added subsec. (d). 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).

Statutory Notes and Related Subsidiaries

Designation of Headquarters Compound of Central Intelligence Agency as the George Bush Center for IntelligenceReference 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 3501 of this title.

§3515 Security Personnel at Agency Installations

Summary

Title 50, §3515

Notes & Related Subsidiaries

Editorial Notes

Amendments

Rules and Regulations

Rules and Regulations

Statutory Notes and Related Subsidiaries

Citations & Metadata