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MEMORANDUM OF AGREEMENT
BETWEEN THE
FEDERAL HIGHWAY ADMINISTRATION
AND THE
CENTRAL INTELLIGENCE AGENCY


  1. SCOPE
  2. 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 boundary.

  3. AUTHORITY
  4. 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.

  5. SPS JURISDICTION
    1. 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 Facility.


    2. 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 employees.


    3. 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.


    4. 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:
  6. REQUESTS FOR ASSISTANCE


    1. 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.


    2. 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.


    3. 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.


    4. 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 necessary.


  7. OTHER ACTIVITIES
    1. 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.


    2. 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.


    3. 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 reasons.


    4. 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.


  8. APPROPRIATIONS
  9. 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 appropriations.

  10. POINTS OF CONTACT
    1. 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.


    2. 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 occur.

  11. EFFECTIVE DATE AND TERMINATION
  12. 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
10-27-99

For: FEDERAL HIGHWAY ADMINISTRATION

Original signed by:
Dennis C. Judycki
12-9-99



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