28 U.S.C. § 540C — FBI police

Page 226 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 539 § 539. Counterintelligence official reception and representation expenses The Director of the Federal Bureau of Inves- tigation may use funds available to the Federal Bureau of Investigation for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Federal Bureau of Investigation for con- sultation on counterintelligence matters. (Added Pub. L. 99–569, title IV, § 401(a), Oct. 27, 1986, 100 Stat. 3195.) § 540. Investigation of felonious killings of State or local law enforcement officers The Attorney General and the Federal Bureau of Investigation may investigate felonious killings of officials and employees of a State or political subdivision thereof while engaged in or on account of the performance of official duties relating to the prevention, detection, investiga- tion, or prosecution of an offense against the criminal laws of a State or political subdivision, when such investigation is requested by the head of the agency employing the official or em- ployee killed, and under such guidelines as the Attorney General or his designee may establish. (Added Pub. L. 100–690, title VII, § 7331(a), Nov. 18, 1988, 102 Stat. 4468.) § 540A. Investigation of violent crimes against travelers (a) IN GENERAL.—At the request of an appro- priate law enforcement official of a State or po- litical subdivision, the Attorney General and Di- rector of the Federal Bureau of Investigation may assist in the investigation of a felony crime of violence in violation of the law of any State in which the victim appears to have been se- lected because he or she is a traveler. (b) FOREIGN TRAVELERS.—In a case in which the traveler who is a victim of a crime described in subsection (a) is from a foreign nation, the Attorney General and Director of the Federal Bureau of Investigation, and, when appropriate, the Secretary of State shall assist the pros- ecuting and law enforcement officials of a State or political subdivision to the fullest extent pos- sible in securing from abroad such evidence or other information as may be needed for the ef- fective investigation and prosecution of the crime. (c) DEFINITIONS.—In this section— (1) ‘‘felony crime of violence’’ means an of- fense punishable by more than one year in prison that has as an element the use, at- tempted use, or threatened use of physical force against the person of another. (2) ‘‘State’’ means a State, the District of Columbia, and any commonwealth, territory, or possession of the United States. (3) ‘‘traveler’’ means a victim of a crime of violence who is not a resident of the State in which the crime of violence occurred. (Added Pub. L. 103–322, title XXXII, § 320916(a), Sept. 13, 1994, 108 Stat. 2129; amended Pub. L. 104–294, title VI, § 604(b)(21), Oct. 11, 1996, 110 Stat. 3507.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–294 designated three un- designated pars. as pars. (1) to (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of Title 18, Crimes and Criminal Proce- dure. § 540B. Investigation of serial killings (a) IN GENERAL.—The Attorney General and the Director of the Federal Bureau of Investiga- tion may investigate serial killings in violation of the laws of a State or political subdivision, if such investigation is requested by the head of a law enforcement agency with investigative or prosecutorial jurisdiction over the offense. (b) DEFINITIONS.—In this section: (1) KILLING.—The term ‘‘killing’’ means con- duct that would constitute an offense under section 1111 of title 18, United States Code, if Federal jurisdiction existed. (2) SERIAL KILLINGS.—The term ‘‘serial killings’’ means a series of three or more killings, not less than one of which was com- mitted within the United States, having com- mon characteristics such as to suggest the reasonable possibility that the crimes were committed by the same actor or actors. (3) STATE.—The term ‘‘State’’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or posses- sion of the United States. (Added Pub. L. 105–314, title VII, § 701(a), Oct. 30, 1998, 112 Stat. 2986.) § 540C. FBI police (a) DEFINITIONS.—In this section: (1) DIRECTOR.—The term ‘‘Director’’ means the Director of the Federal Bureau of Inves- tigation. (2) FBI BUILDINGS AND GROUNDS.— (A) IN GENERAL.—The term ‘‘FBI buildings and grounds’’ means— (i) 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 super- vision and control by the Federal Bureau of Investigation; (ii) the land upon which there is situated any building or structure which is occu- pied wholly by the Federal Bureau of In- vestigation; and (iii) any enclosed passageway connecting 2 or more buildings or structures occupied in whole or in part by the Federal Bureau of Investigation. (B) INCLUSION.—The term ‘‘FBI buildings and grounds’’ includes adjacent streets and sidewalks not to exceed 500 feet from such property. (3) FBI POLICE.—The term ‘‘FBI police’’ means the permanent police force established under subsection (b). Page 227 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 540D (b) ESTABLISHMENT OF FBI POLICE; DUTIES.— (1) IN GENERAL.—Subject to the supervision of the Attorney General, the Director may es- tablish 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 Direc- tor, or designated representative duly author- ized by the Attorney General, may appoint uniformed representatives of the Federal Bu- reau of Investigation as FBI police for duty in connection with the policing of all FBI build- ings and grounds. (4) AUTHORITY.— (A) IN GENERAL.—In accordance with regu- lations prescribed by the Director and ap- proved by the Attorney General, the FBI po- lice may— (i) police the FBI buildings and grounds for the purpose of protecting persons and property; (ii) in the performance of duties nec- essary 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 polic- ing powers of FBI police under this para- graph 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 equiv- alent to the rates of basic pay, salary sched- ule, 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 peri- ods beginning after January 1, 2003; and (iii) shall not result in any decrease in the rates of pay or benefits of any indi- vidual. (c) AUTHORITY OF METROPOLITAN POLICE FORCE.—This section does not affect the author- ity of the Metropolitan Police Force of the Dis- trict of Columbia with respect to FBI buildings and grounds. (Added Pub. L. 107–273, div. C, title I, § 11024(a), Nov. 2, 2002, 116 Stat. 1830.) 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 Con- gress. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 540D. Multidisciplinary teams (a) DEFINITIONS.—In this section— (1) the term ‘‘child sexual abuse material’’ means a visual depiction described in section 2256(8)(A) of title 18; (2) the term ‘‘covered investigation’’ means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation; (3) the term ‘‘Director’’ means the Director of the Federal Bureau of Investigation; (4) the term ‘‘multidisciplinary team’’ means a multidisciplinary team established or used under subsection (b)(2); (5) the term ‘‘relevant children’s advocacy center personnel’’ means children’s advocacy center staff that regularly participate in mul- tidisciplinary child support settings, including the director of the children’s advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, foren- sic medical evaluators, physicians, sexual as- sault nurse examiners, and mental health cli- nicians; and (6) the term ‘‘victim advocate’’ means a per- son, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program. (b) FBI VICTIM SUPPORT REQUIREMENTS.— (1) IN GENERAL.—To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise incon- sistent with applicable Federal law— (A) use a multidisciplinary team; and (B) in accordance with paragraph (3), use— (i) a trained Federal Bureau of Investiga- tion child adolescent forensic interviewer; or (ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children’s advocacy cen- ter. (2) USE AND COORDINATION.—The Director shall use and coordinate with children’s advo-