CITE
40 USC Sec. 1315 01/05/2009
EXPCITE
TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 13 - PUBLIC PROPERTY
HEAD
Sec. 1315. Law enforcement authority of Secretary of Homeland
Security for protection of public property
STATUTE
(a) In General. - To the extent provided for by transfers made
pursuant to the Homeland Security Act of 2002, the Secretary of
Homeland Security (in this section referred to as the "Secretary")
shall protect the buildings, grounds, and property that are owned,
occupied, or secured by the Federal Government (including any
agency, instrumentality, or wholly owned or mixed-ownership
corporation thereof) and the persons on the property.
(b) Officers and Agents. -
(1) Designation. - The Secretary may designate employees of the
Department of Homeland Security, including employees transferred
to the Department from the Office of the Federal Protective
Service of the General Services Administration pursuant to the
Homeland Security Act of 2002, as officers and agents for duty in
connection with the protection of property owned or occupied by
the Federal Government and persons on the property, including
duty in areas outside the property to the extent necessary to
protect the property and persons on the property.
(2) Powers. - While engaged in the performance of official
duties, an officer or agent designated under this subsection may -
(A) enforce Federal laws and regulations for the protection
of persons and property;
(B) carry firearms;
(C) make arrests without a warrant for any offense against
the United States committed in the presence of the officer or
agent or for any felony cognizable under the laws of the United
States if the officer or agent has reasonable grounds to
believe that the person to be arrested has committed or is
committing a felony;
(D) serve warrants and subpoenas issued under the authority
of the United States;
(E) conduct investigations, on and off the property in
question, of offenses that may have been committed against
property owned or occupied by the Federal Government or persons
on the property; and
(F) carry out such other activities for the promotion of
homeland security as the Secretary may prescribe.
(c) Regulations. -
(1) In general. - The Secretary, in consultation with the
Administrator of General Services, may prescribe regulations
necessary for the protection and administration of property owned
or occupied by the Federal Government and persons on the
property. The regulations may include reasonable penalties,
within the limits prescribed in paragraph (2), for violations of
the regulations. The regulations shall be posted and remain
posted in a conspicuous place on the property.
(2) Penalties. - A person violating a regulation prescribed
under this subsection shall be fined under title 18, United
States Code, imprisoned for not more than 30 days, or both.
(d) Details. -
(1) Requests of agencies. - On the request of the head of a
Federal agency having charge or control of property owned or
occupied by the Federal Government, the Secretary may detail
officers and agents designated under this section for the
protection of the property and persons on the property.
(2) Applicability of regulations. - The Secretary may -
(A) extend to property referred to in paragraph (1) the
applicability of regulations prescribed under this section and
enforce the regulations as provided in this section; or
(B) utilize the authority and regulations of the requesting
agency if agreed to in writing by the agencies.
(3) Facilities and services of other agencies. - When the
Secretary determines it to be economical and in the public
interest, the Secretary may utilize the facilities and services
of Federal, State, and local law enforcement agencies, with the
consent of the agencies.
(e) Authority Outside Federal Property. - For the protection of
property owned or occupied by the Federal Government and persons on
the property, the Secretary may enter into agreements with Federal
agencies and with State and local governments to obtain authority
for officers and agents designated under this section to enforce
Federal laws and State and local laws concurrently with other
Federal law enforcement officers and with State and local law
enforcement officers.
(f) Secretary and Attorney General Approval. - The powers granted
to officers and agents designated under this section shall be
exercised in accordance with guidelines approved by the Secretary
and the Attorney General.
(g) Limitation on Statutory Construction. - Nothing in this
section shall be construed to -
(1) preclude or limit the authority of any Federal law
enforcement agency; or
(2) restrict the authority of the Administrator of General
Services to promulgate regulations affecting property under the
Administrator's custody and control.
SOURCE
(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1140; Pub. L. 107-296,
title XVII, Sec. 1706(b)(1), Nov. 25, 2002, 116 Stat. 2316.)
HISTORICAL AND REVISION NOTES --------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
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1315(a) 40:318(a). June 1, 1948, ch. 359, Sec.
1, 62 Stat. 281; Pub. L.
100-678, Sec. 8(a), (b),
Nov. 17, 1988, 102 Stat.
4052.
1315(b) 40:318(b).
1315(c) 40:318b (words June 1, 1948, ch. 359, Sec.
before semicolon). 3, 62 Stat. 281; Pub. L.
100-678, Sec. 8(a), (c)(2),
Nov. 17, 1988, 102 Stat.
4052, 4053.
1315(d) 40:318b (words
after semicolon).
1315(e) 40:318d. June 1, 1948, ch. 359, Sec.
5, as added Pub. L. 87-275,
Sept. 22, 1961, 75 Stat. 574.
1315(f) 40:318a. June 1, 1948, ch. 359, Sec.
2, 62 Stat. 281; Pub. L.
100-678, Sec. 8(a), (c)(1),
Nov. 17, 1988, 102 Stat.
4052, 4053.
1315(g) 40:318c. June 1, 1948, ch. 359, Sec.
4, 62 Stat. 281; Pub. L.
104-201, div. A, title X,
Sec. 1067, Sept. 23, 1996,
110 Stat. 2654.
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In this section, the word "duly" is omitted as unnecessary.
In subsection (e), the words "who have been" are omitted as
unnecessary.
In subsection (g)(1), the words "fined under title 18" are
substituted for "fined not more than $50" for consistency with
chapter 227 of title 18.
In subsection (g)(2)(B), the words "similar offense" are
substituted for "like or similar offense" to eliminate unnecessary
words. The words "of the United States" are added for consistency
in the revised title and with other titles of the United States
Code.
REFERENCES IN TEXT
The Homeland Security Act of 2002, referred to in subsecs. (a)
and (b)(1), is Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135,
which is classified principally to chapter 1 (Sec. 101 et seq.) of
Title 6, Domestic Security. For complete classification of this Act
to the Code, see Short Title note set out under section 101 of
Title 6 and Tables.
AMENDMENTS
2002 - Pub. L. 107-296 amended catchline and text generally.
Prior to amendment, text read as follows:
"(a) Appointment. - The Administrator of General Services, or an
official of the General Services Administration authorized by the
Administrator, may appoint uniformed guards of the Administration
as special police without additional compensation for duty in
connection with the policing of all buildings and areas owned or
occupied by the Federal Government and under the charge and control
of the Administrator.
"(b) Powers. - Special police appointed under this section have
the same powers as sheriffs and constables on property referred to
in subsection (a) to enforce laws enacted for the protection of
individuals and property, prevent breaches of the peace, suppress
affrays or unlawful assemblies, and enforce regulations prescribed
by the Administrator or an official of the Administration
authorized by the Administrator for property under their
jurisdiction. However, the jurisdiction and policing powers of
special police do not extend to the service of civil process.
"(c) Detail. - On the application of the head of a department or
agency of the Government having property of the Government under
its administration and control, the Administrator or an official of
the Administration authorized by the Administrator may detail
special police for the protection of the property and, if the
Administrator considers it desirable, may extend to the property
the applicability of regulations and enforce them as provided in
this section.
"(d) Use of Other Law Enforcement Agencies. - When it is
considered economical and in the public interest, the Administrator
or an official of the Administration authorized by the
Administrator may utilize the facilities and services of existing
federal law enforcement agencies, and, with the consent of a state
or local agency, the facilities and services of state or local law
enforcement agencies.
"(e) Nonuniformed Special Police. - The Administrator, or an
official of the Administration authorized by the Administrator, may
empower officials or employees of the Administration authorized to
perform investigative functions to act as nonuniformed special
police to protect property under the charge and control of the
Administration and to carry firearms, whether on federal property
or in travel status. When on real property under the charge and
control of the Administration, officials or employees empowered to
act as nonuniformed special police have the power to enforce
federal laws for the protection of individuals and property and to
enforce regulations for that purpose that the Administrator or an
official of the Administration authorized by the Administrator
prescribes and publishes. The special police may make arrests
without warrant for any offense committed on the property if the
police have reasonable grounds to believe the offense constitutes a
felony under the laws of the United States and that the individual
to be arrested is guilty of that offense.
"(f) Administrative. - The Administrator or an official of the
Administration authorized by the Administrator may prescribe
regulations necessary for the government of the property under
their charge and control, and may annex to the regulations
reasonable penalties, within the limits prescribed in subsection
(g), that will ensure their enforcement. The regulations shall be
posted and kept posted in a conspicuous place on the property.
"(g) Penalties. -
"(1) In general. - Except as provided in paragraph (2), a
person violating a regulation prescribed under subsection (f)
shall be fined under title 18, imprisoned for not more than 30
days, or both.
"(2) Exception for military traffic regulation. -
"(A) Definition. - For purposes of this paragraph, the term
'military traffic regulation' means a regulation for the
control of vehicular or pedestrian traffic on military
installations that the Secretary of Defense prescribes under
subsection (f).
"(B) In general. - A person violating a military traffic
regulation shall be fined an amount not exceeding the amount of
the maximum fine for a similar offense under the criminal or
civil law of the State, district, territory, or possession of
the United States where the military installation in which the
violation occurred is located, imprisoned for not more than 30
days, or both."
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Protective Service of the General Services
Administration, including the functions of the Administrator of
General Services relating thereto, to the Secretary of Homeland
Security, and for treatment of related references, see sections
203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and
the Department of Homeland Security Reorganization Plan of November
25, 2002, as modified, set out as a note under section 542 of Title
6.
DELEGATION OF AUTHORITY
Pub. L. 107-296, title XVII, Sec. 1706(b)(2), Nov. 25, 2002, 116
Stat. 2318, provided that: "The Secretary may delegate authority
for the protection of specific buildings to another Federal agency
where, in the Secretary's discretion, the Secretary determines it
necessary for the protection of that building."
[For definition of "Secretary" as used in section 1706(b)(2) of
Pub. L. 107-296, set out above, see section 101(14) of Title 6,
Domestic Security.]
FEDERAL PROTECTIVE SERVICE GUARD CONTRACTING REFORM
Pub. L. 110-356, Oct. 8, 2008, 122 Stat. 3996, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Protective Service Guard
Contracting Reform Act of 2008'.
"SEC. 2. FEDERAL PROTECTIVE SERVICE CONTRACTS.
"(a) Prohibition on Award of Contracts to Any Business Concern
Owned, Controlled, or Operated by an Individual Convicted of a
Felony. -
"(1) In general. - The Secretary of Homeland Security, acting
through the Assistant Secretary of U.S. Immigration and Customs
Enforcement -
"(A) shall promulgate regulations establishing guidelines for
the prohibition of contract awards for the provision of guard
services under the contract security guard program of the
Federal Protective Service to any business concern that is
owned, controlled, or operated by an individual who has been
convicted of a felony; and
"(B) may consider permanent or interim prohibitions when
promulgating the regulations.
"(2) Contents. - The regulations under this subsection shall -
"(A) identify which serious felonies may prohibit a
contractor from being awarded a contract;
"(B) require contractors to provide information regarding any
relevant felony convictions when submitting bids or proposals;
and
"(C) provide guidelines for the contracting officer to assess
present responsibility, mitigating factors, and the risk
associated with the previous conviction, and allow the
contracting officer to award a contract under certain
circumstances.
"(b) Regulations. - Not later than 6 months after the date of the
enactment of this Act [Oct. 8, 2008], the Secretary shall issue
regulations to carry out this section.
"SEC. 3. REPORT ON GOVERNMENT-WIDE APPLICABILITY.
"Not later than 18 months after the date of enactment of the
[probably should be "this"] Act, the Administrator for Federal
Procurement Policy shall submit a report on establishing similar
guidelines government-wide to the Committee on Homeland Security
and Governmental Affairs and the Committee on Oversight and
Government Reform of the House of Representatives."