28 U.S.C. § 540C — FBI police
submitted 24 years ago by Pub. L. 107-273 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 528 words · no verdicts yet
This section creates the FBI police force, defines the FBI property it protects, lists its enforcement powers and limits, and sets its pay and benefits. It preserves the District of Columbia Metropolitan Police Force’s authority.
(a) Definitions. (1) “Director” means the FBI Director. (2)(A) “FBI buildings and grounds” means all or part of a building or structure occupied by the FBI under a lease or otherwise and controlled by it; land containing a building or structure occupied entirely by the FBI; and an enclosed passage connecting two or more buildings or structures occupied wholly or partly by the FBI. (B) It includes nearby streets and sidewalks up to 500 feet from the property. (3) “FBI police” means the permanent force established in subsection (b).
(b) FBI Police.
(1) Subject to the Attorney General’s supervision, the Director may create a permanent force called the FBI police.
(2) It performs duties the Director assigns to protect people and property within FBI buildings and grounds.
(3) The Director, or a representative authorized by the Attorney General, may appoint uniformed FBI representatives as FBI police for policing all FBI buildings and grounds.
(4)(A) Under Director regulations approved by the Attorney General, FBI police may police the property to protect people and property; arrest people and otherwise enforce United States law, including District* of Columbia law, when doing the duties necessary for that protection; carry needed firearms; prevent breaches of the peace and suppress fights and unlawful assemblies; and exercise the powers of sheriffs and constables while policing the property.
(B) These powers do not include serving civil process.
(5)(A) FBI police basic pay, salary schedule, pay rules, and benefits must equal those for the United States Secret Service Uniformed Division. (B) They must be set by regulation, apply to pay periods beginning after January 1, 2003, and may not reduce any individual’s pay rates or benefits.
(c) This section does not affect the District of Columbia Metropolitan Police Force’s authority over FBI buildings and grounds.
In this section:
The term “Director” means the Director of the Federal Bureau of Investigation.
The term “FBI buildings and grounds” means—
the whole or any part of any building or structure which is occupied under a lease or otherwise by the Federal Bureau of Investigation and is subject to supervision and control by the Federal Bureau of Investigation;
the land upon which there is situated any building or structure which is occupied wholly by the Federal Bureau of Investigation; and
any enclosed passageway connecting 2 or more buildings or structures occupied in whole or in part by the Federal Bureau of Investigation.
The term “FBI buildings and grounds” includes adjacent streets and sidewalks not to exceed 500 feet from such property.
The term “FBI police” means the permanent police force established under subsection (b).
Subject to the supervision of the Attorney General, the Director may establish a permanent police force, to be known as the FBI police.
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.
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.
In accordance with regulations prescribed by the Director and approved by the Attorney General, the FBI police may—
police the FBI buildings and grounds for the purpose of protecting persons and property;
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;
carry firearms as may be required for the performance of duties;
prevent breaches of the peace and suppress affrays and unlawful assemblies; and
hold the same powers as sheriffs and constables when policing FBI buildings and grounds.
The authority and policing powers of FBI police under this paragraph shall not include the service of civil process.
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.
Pay and benefits for the FBI police under subparagraph (A)—
shall be established by regulation;
shall apply with respect to pay periods beginning after January 1, 2003; and
shall not result in any decrease in the rates of pay or benefits of any individual.
This section does not affect the authority of the Metropolitan Police Force of the District of Columbia with respect to FBI buildings and grounds.
Source credit: (Added Pub. L. 107–273, div. C, title I, § 11024(a), Nov. 2, 2002, 116 Stat. 1830.)
- 2002Enacted · Pub. L. 107-273 · 116 Stat. 1830
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-273 on 2002-11-02.
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