All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
32 Prosecutions
in June 2014
262 Prosecutions
in Fiscal Year 2014
2 Convictions
in June 2014
34 Convictions
in Fiscal Year 2014

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
    --------------------------------------------------------------------
    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.
    --------------------------------------------------------------------
      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."
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