Law Enforcement Authority

Page 85

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
1314(f) ........

Source (U.S. Code)
40:319 note, 319a
note, 319b note,
319c note.

Source (Statutes at Large)
Pub. L. 94–579, title VII,
§ 706(a) (related to the Act
of Oct. 23, 1962 (Pub. L.
87—852, 76 Stat. 1129)),
Oct. 21, 1976, 90 Stat. 2793.

In subsection (a), the text of 40:319c(c) is omitted because of 1:1. In clause (3), the words ‘‘territories and’’
are added for consistency in the revised title and with
other titles of the United States Code.
In subsection (b), the words ‘‘for a right-of-way or
other purpose’’ are omitted as unnecessary.
In subsection (c), the words ‘‘affected’’ and ‘‘concerned’’ before ‘‘a notice’’ are omitted as unnecessary.
The words ‘‘chief executive officer’’ are substituted for
‘‘Governor’’ for clarity.
AMENDMENTS
2014—Subsec. (a)(2)(A)(ii). Pub. L. 113–287 substituted
‘‘section 100101(a), chapter 1003, and sections 100751(a),
100752, 100753, and 102101 of title 54’’ for ‘‘the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National
Park Service Organic Act)’’.

§ 1315. Law enforcement authority of Secretary
of Homeland Security for protection of public property
(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

§ 1315

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.

§ 1315

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1140; Pub.
L. 107–296, title XVII, § 1706(b)(1), Nov. 25, 2002,
116 Stat. 2316.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

1315(a) ........

40:318(a).

1315(b) ........
1315(c) ........

40:318(b).
40:318b (words before semicolon).

1315(d) ........
1315(e) ........

40:318b (words after
semicolon).
40:318d.

1315(f) ........

40:318a.

1315(g) ........

40:318c.

Source (Statutes at Large)
June 1, 1948, ch. 359, § 1, 62
Stat. 281; Pub. L. 100–678,
§ 8(a), (b), Nov. 17, 1988, 102
Stat. 4052.
June 1, 1948, ch. 359, § 3, 62
Stat. 281; Pub. L. 100–678,
§ 8(a), (c)(2), Nov. 17, 1988,
102 Stat. 4052, 4053.
June 1, 1948, ch. 359, § 5, as
added Pub. L. 87–275, Sept.
22, 1961, 75 Stat. 574.
June 1, 1948, ch. 359, § 2, 62
Stat. 281; Pub. L. 100–678,
§ 8(a), (c)(1), Nov. 17, 1988,
102 Stat. 4052, 4053.
June 1, 1948, ch. 359, § 4, 62
Stat. 281; Pub. L. 104–201,
div. A, title X, § 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 (§ 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.

Page 86

‘‘(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, § 1706(b)(2), Nov. 25, 2002,
116 Stat. 2318, provided that: ‘‘The Secretary may dele-

Page 87

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

gate 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.]

Chapter

63.

65.

FEDERAL PROTECTIVE SERVICE GUARD CONTRACTING
REFORM

67.

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.’’

69.

SUBTITLE II—PUBLIC BUILDINGS
AND WORKS
PART A—GENERAL
Chapter

31.
33.
35.
37.

Sec.

GENERAL ..............................................
ACQUISITION, CONSTRUCTION,
AND ALTERATION .........................
NON-FEDERAL PUBLIC WORKS ...
CONTRACT WORK HOURS AND
SAFETY STANDARDS ....................

3101
3301
3501

UNITED
STATES
CAPITOL
BUILDINGS AND GROUNDS .......
UNITED
STATES
SUPREME
COURT
BUILDING
AND
GROUNDS .........................................

81.
83.
85.
87.
89.
91.
93.
95.

6501
6701
6901

ADMINISTRATIVE ..............................
WASHINGTON
METROPOLITAN
REGION DEVELOPMENT .............
NATIONAL CAPITAL SERVICE
AREA AND DIRECTOR ..................
PHYSICAL DEVELOPMENT OF
NATIONAL CAPITAL REGION ....
NATIONAL CAPITAL MEMORIALS
AND COMMEMORATIVE WORKS
COMMISSION OF FINE ARTS .........
THEODORE ROOSEVELT ISLAND
WASHINGTON AQUEDUCT AND
OTHER PUBLIC WORKS IN THE
DISTRICT OF COLUMBIA ............

8101
8301
8501
8701
8901
9101
9301
9501

CHAPTER 31—GENERAL
SUBCHAPTER I—OVERSIGHT AND REGULATION
OF PUBLIC BUILDINGS
Sec.

3101.
3102.
3103.

3104.
3105.
3111.
3112.
3113.
3114.
3115.
3116.
3117.
3118.

Public buildings under control of Administrator of General Services.
Naming or designating buildings.
Admission of guide dogs or other service animals accompanying individuals with disabilities.
Furniture for new buildings.
Buildings not to be draped in mourning.
SUBCHAPTER II—ACQUIRING LAND
Approval of sufficiency of title prior to acquisition.
Federal jurisdiction.
Acquisition by condemnation.
Declaration of taking.
Irrevocable commitment of Federal Government to pay ultimate award when fixed.
Interest as part of just compensation.
Exclusion of certain property by stipulation
of Attorney General.
Right of taking as addition to existing rights.
SUBCHAPTER III—BONDS

3131.

Bonds of contractors of public buildings or
works.
3132.
Alternatives to payment bonds provided by
Federal Acquisition Regulation.
3133.
Rights of persons furnishing labor or material.
3134.
Waivers for certain contracts.
SUBCHAPTER IV—WAGE RATE REQUIREMENTS

5101

3144.

6101

6301

PART A—GENERAL

3141.
3142.
3143.

PART C—FEDERAL BUILDING COMPLEXES

61.

Sec.

SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
JOHN F. KENNEDY CENTER
FOR THE PERFORMING ARTS ..
THURGOOD
MARSHALL
FEDERAL JUDICIARY BUILDING .....
PENNSYLVANIA AVENUE DEVELOPMENT ............................................
UNION STATION REDEVELOPMENT ..................................................

PART D—PUBLIC BUILDINGS, GROUNDS, AND
PARKS IN THE DISTRICT OF COLUMBIA

3701

PART B—UNITED STATES CAPITOL

51.

§ 1315

Definitions.
Rate of wages for laborers and mechanics.
Termination of work on failure to pay agreed
wages.
Authority of Comptroller General to pay
wages and list contractors violating contracts.1

1 Section catchline amended by Pub. L. 113–50 without corresponding amendment of chapter analysis.