50 U.S.C. § 3515 — Security personnel at Agency installations

Page 892 TITLE 50—WAR AND NATIONAL DEFENSE § 3515 erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92 substituted ‘‘2031(i)(2), 2031(j), 2031(m),’’ for ‘‘2031(h)(2), 2031(i), 2031(l),’’. 2004—Subsec. (b). Pub. L. 108–458 substituted ‘‘Direc- tor of the Central Intelligence Agency’’ for ‘‘Director of Central Intelligence’’. 1992—Subsec. (a). Pub. L. 102–496 substituted ref- erences to sections 2002, 2031 to 2035, 2052, 2071, and 2094 of this title for references in original to sections 204, 221 to 225, 232, 234 and 263 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees which were formerly set out in a note under section 403 of this title. 1987—Subsec. (a). Pub. L. 100–178, § 402(b)(3), inserted ‘‘232(b),’’ before ‘‘234(c), 234(d),’’. Pub. L. 100–178, § 401(b), inserted ‘‘225,’’ after ‘‘223, 224,’’. 1986—Subsec. (a). Pub. L. 99–569 inserted ‘‘224,’’ after ‘‘223,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–496 effective on first day of fourth month beginning after Oct. 24, 1992, see sec- tion 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–178 effective Nov. 15, 1982, but not to be construed to require forfeiture by any in- dividual of benefits received before Dec. 2, 1987, nor to require reduction in level of benefits received by any individual who was receiving benefits under section 232 of Pub. L. 88–643 before Dec. 2, 1987, see section 402(c)–(e) of Pub. L. 100–178, set out as an Effective Date of Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496 note under section 2001 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–569, title III, § 302(d), Oct. 27, 1986, 100 Stat. 3194, provided that: ‘‘The amendments made by this section [amending this section and provisions formerly set out as a note under section 403 of this title] shall take effect on October 1, 1986.’’ EFFECTIVE DATE Section effective Nov. 15, 1982, see section 613 of Pub. L. 97–269 set out as an Effective Date of Amendments to Pub. L. 88–643 Prior to Enactment of Pub. L. 102–496 note under section 2001 of this title. § 3515. Security personnel at Agency installations (a) Special policemen: functions and powers; reg- ulations: promulgation and enforcement (1) The Director may authorize Agency per- sonnel within the United States to perform the same functions as officers and agents of the De- partment 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 Com- pound and the property controlled and occu- pied by the Federal Highway Administration located immediately adjacent to such Com- pound; (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 yards; (C) within any other Agency installation and protected property; (D) within an installation owned, or con- tracted to be occupied for a period of one year or longer, by the Office of the Director of Na- tional Intelligence; and (E) in the streets, sidewalks, and open areas within the zone beginning at the outside boundary of any installation or property re- ferred to in subparagraph (C) or (D) and ex- tending outward 500 yards. (2) The performance of functions and exercise of powers under subparagraph (B) or (E) of para- graph (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 pro- tect 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 con- strued to preclude, or limit in any way, the au- thority of any Federal, State, or local law en- forcement 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 pre- scribed by the Director and shall only be appli- cable to the areas referred to in subparagraph (A), (C), or (D) of paragraph (1). (b) Penalties for violations of regulations The Director is authorized to establish pen- alties for violations of the rules or regulations promulgated by the Director under subsection (a) of this section. Such penalties shall not ex- ceed the maximum penalty authorized for a Class B misdemeanor under section 3559 of title 18. (c) Identification Agency personnel designated by the Director under subsection (a) of this section shall be clearly identifiable as United States Govern- ment security personnel while engaged in the performance of the functions to which sub- section (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 Di- rector 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 Page 893 TITLE 50—WAR AND NATIONAL DEFENSE § 3516 liability, to be acting within the scope of their office or employment when such Agency per- sonnel take reasonable action, which may in- clude the use of force, to— (A) protect an individual in the presence of such Agency personnel from a crime of vio- lence; (B) provide immediate assistance to an indi- vidual who has suffered or who is threatened with bodily harm; or (C) prevent the escape of any individual whom such Agency personnel reasonably be- lieve to have committed a crime of violence in the presence of such Agency personnel. (2) Paragraph (1) shall not affect the authori- ties of the Attorney General under section 2679 of title 28. (3) In this subsection, the term ‘‘crime of vio- lence’’ has the meaning given that term in sec- tion 16 of title 18. (June 20, 1949, ch. 227, § 15, as added Pub. L. 98–473, title I, § 140, Oct. 12, 1984, 98 Stat. 1973, and Pub. L. 98–618, title IV, § 401, Nov. 8, 1984, 98 Stat. 3301; amended Pub. L. 105–107, title IV, § 404, Nov. 20, 1997, 111 Stat. 2260; Pub. L. 107–306, title VIII, § 841(d), Nov. 27, 2002, 116 Stat. 2432; Pub. L. 108–177, title III, § 377(b)(3), title IV, § 402, Dec. 13, 2003, 117 Stat. 2630, 2631; Pub. L. 116–92, div. E, title LXIV, § 6413, Dec. 20, 2019, 133 Stat. 2198; Pub. L. 117–263, div. F, title LXIII, § 6303(a), title LXIV, § 6414(b), Dec. 23, 2022, 136 Stat. 3503, 3528; Pub. L. 118–31, div. G, title III, § 7331, Dec. 22, 2023, 137 Stat. 1045.) 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 sections 15 to act June 20, 1949, ch. 227. This section is based on the sec- tion 15 of act June 20, 1949, ch. 227, as added by Pub. L. 98–618. AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31 substituted ‘‘the max- imum 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 protec- tion 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), sub- stituted ‘‘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), sub- stituted ‘‘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 pur- poses’ (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 Intel- ligence 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 ex- ercise of such authority, during the preceding fiscal year. The Director shall make such report available to the Inspector General of the Central Intelligence Agen- cy.’’ 1997—Subsec. (a)(1). Pub. L. 105–107, § 404(1), (2), in- serted ‘‘(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 INTELLIGENCE Reference to the headquarters compound of the Cen- tral 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. § 3516. Health benefits for certain former spouses of Central Intelligence Agency employees (a) Persons eligible Except as provided in subsection (e), any indi- vidual— (1) formerly married to an employee or former employee of the Agency, whose mar- riage was dissolved by divorce or annulment before May 7, 1985; (2) who, at any time during the eighteen- month period before the divorce or annulment became final, was covered under a health bene- fits plan as a member of the family of such employee or former employee; and (3) who was married to such employee for not less than ten years during periods of serv- ice by such employee with the Agency, at least five years of which were spent outside the United States by both the employee and the former spouse, is eligible for coverage under a health benefits plan in accordance with the provisions of this section. (b) Enrollment for health benefits (1) Any individual eligible for coverage under subsection (a) may enroll in a health benefits