MEMORANDUM OF AGREEMENT
FEDERAL HIGHWAY ADMINISTRATION
CENTRAL INTELLIGENCE AGENCY
This Memorandum of Agreement (MOA) governs the exercise of law enforcement
authority by the Central Intelligence Agency's (CIA) Security Protective Service (SPS) at the
Federal Highway Administration's (FHWA) Turner Fairbank Highway Research Center
("TFHRC Facility") and within the 500 foot zone extending outward from the TFHRC Facility's
Section 15 of the CIA Act of 1949, as amended (50 U.S.C. § 4030); the Economy
Act (31 U.S.C. § 1535); and other applicable law.
- SPS JURISDICTION
- SPS derives its limited law enforcement authority from section 15 of the CIA
Act of 1949, as amended (50 U.S.C. § 4030). Section 15 empowers the Director of Central
Intelligence to authorize CIA personnel to perform law enforcement functions within CIA
installations and in the streets, sidewalks, and the open areas beginning at the outside boundary
of such property and extending outward 500 feet ("the 500-foot zone"). Section 15 also
extends the jurisdiction of SPS to the FHWA's TFHRC Facility, which is located immediately
adjacent to CIA's Headquarters Compound, and in the 500 foot zone surrounding the TFHRC
- The performance of law enforcement functions by SPS officers within the 500-foot zone (which includes the 500-foot zone surrounding the TFHRC Facility) is limited to those
circumstances where SPS officers can identify specific and articulable facts giving the SPS
officers 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 CIA installations, CIA property, or CIA employees. The FHWA and CIA understand that,
if appropriate, SPS officers may stop, detain, and/or arrest any individual for unlawful acts
within the 500-foot zone in order to protect CIA installations, CIA property, or CIA
- SPS officers engaged in law enforcement activities within the confines of the
TFHRC Facility and within the 500-foot zone are subject solely to the control and direction of
their CIA supervisory personnel.
- As a matter of discretion, within the confines of the TFHRC Facility, CIA agrees
that SPS officers will not enforce the rules and regulations contained in 32 C.F.R. Part 1903
that are related to:
REQUESTS FOR ASSISTANCE
(1) Enforcement of CIA parking regulations;
(2) Inspection of personal property;
(3) Prohibition of photographic, transmitting, and recording equipment; and
(4) Restriction on the taking of photographs on CIA property.
- Resources permitting, SPS may respond to calls from designated officials of the
TFHRC Facility for emergency police service beyond the capacity of the staff there. However,
SPS will not handle minor motor vehicle accidents or traffic control.
- Upon arrival at the TFHRC Facility, the officer in charge of the SPS detail shall
be responsible for all law enforcement activities, to include requests for additional assistance,
until the situation is resolved to his/her satisfaction or he/she relinquishes control to the Fairfax
County Police Department (FCPD) or to another federal, state, or local law enforcement
agency or department with appropriate jurisdiction.
- Upon request of designated officials of the TFHRC Facility, the SPS may
provide additional SPS coverage to deter or prevent serious or persistent criminal activity at the
TFHRC Facility if SPS has sufficient manpower available.
- Designated officials of the TFHRC Facility may ask SPS to respond to traffic
accidents involving possible injury or threat of injury in order to provide immediate assistance.
This assistance may include the rendering of first aid. In its discretion, SPS will report any
serious traffic accidents within the TFHRC Facility to the Fairfax County Police Department,
Fairfax County Fire and Rescue, the designated officials of the TFHRC Facility, and/or any
other individuals or entities SPS deems appropriate. Upon the arrival of FCPD Officers or
other qualified federal, state, or local personnel at any accident within the TFHRC Facility, SPS
may relinquish responsibility for the accident scene. SPS officers, in their discretion, may
continue to assist at the accident scene should such assistance be requested or appear
- SPS officers may investigate any abandoned vehicle or suspect package within
the TFHRC Facility to include the deployment and use of explosives detecting K-9s. Should an
SPS K-9 unit suspect that explosives are present in a vehicle or suspect package, SPS may
immediately deploy its Explosive Ordnance Disposal Unit to further investigate and dispose of
any explosives, if necessary. SPS will immediately notify the designated officials of the TFHRC
Facility of the location of abandoned vehicles or suspect packages within its facility, and
whether SPS will investigate the vehicle or package.
- In emergency situations, SPS police vehicles may transit through the TFHRC
Facility with emergency equipment activated. SPS will notify the designated officials of the
TFHRC Facility of these transits when practical.
- CIA has acquired a parcel of land from the National Park Service which controls
access to the George Washington (GW) Parkway entrances of both the CIA Headquarters
Compound and the TFHRC Facility. CIA shall have the right to close off, by whatever means
necessary this parcel of land and access to both agencies' GW Parkway entrances to all
persons except United States Park Police and other necessary National Park Service personnel
when CIA has determined that closure is necessary to protect CIA personnel, facilities, or
property. CIA shall notify TFHRC officials as soon as possible of such closures. Any such
closure shall be temporary and shall in no event exceed 12 hours in duration without
consultation with the National Park Service, the designated officials of the TFHRC Facility, and
the United States Park Police. Generally, no action shall be taken so as to diminish use of this
parcel of land for access to the TFHRC Facility except when the parcel is closed for security
- As soon as is operationally possible, SPS will notify the designated officials of
the TFHRC Facility when an incident has caused or, in the discretion of SPS, appears to pose
an imminent threat of physical danger to persons or property within the TFHRC Facility.
Nothing contained in this Agreement shall be construed as binding either party to
expend in any one fiscal year any sum in excess of appropriations made by Congress, and
available for the purpose of this Agreement for that fiscal year, or as involving the United States
in any contract or other obligation for the further expenditure of money in excess of such
POINTS OF CONTACT
- FHWA shall designate points of contact for the TFHRC facility who are
authorized to request SPS assistance pursuant to Section IV of this Agreement. FHWA agrees
to notify, as necessary, any changes to the point-of-contact information as they occur.
- CIA shall designate points of contact in the SPS to whom designated TFHRC
officials may address requests for SPS assistance pursuant to Section IV of this Agreement.
CIA agrees to notify, as necessary, any changes to the point-of-contact information as they
EFFECTIVE DATE AND TERMINATION
This Agreement becomes effective when signed by the appropriate representatives of
the FHWA and CIA. This Agreement may be terminated by the Head of the FHWA, the
Director of Central Intelligence, or their designees with thirty days advance notice or
immediately if FHWA or CIA, in their discretion, determine immediate termination is in the best
interest of the FHWA or CIA. This agreement is executed in two counterpart originals.
For: CENTRAL INTELLIGENCE AGENCY
|Original signed by:
Chief, Security Protective Service
For: FEDERAL HIGHWAY ADMINISTRATION
|Original signed by:
Dennis C. Judycki
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