FEDERAL · 40 U.S.C. · Chapter 13
Law enforcement authority of Secretary of Homeland Security for protection of public property
40 U.S.C. § 1315
Title40 — Public Buildings, Property, and Works
Chapter13 — PUBLIC PROPERTY
This text of 40 U.S.C. § 1315 (Law enforcement authority of Secretary of Homeland Security for protection of public property) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
40 U.S.C. § 1315.
Text
(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 pro
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Source Credit
History
(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.)
Editorial Notes
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.
Editorial Notes
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.
"(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."
Statutory Notes and Related Subsidiaries
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 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(16) of Title 6, Domestic Security.]
Improving Federal Building Security
Pub. L. 118–157, Dec. 17, 2024, 138 Stat. 1719, provided that:
"This Act may be cited as the 'Improving Federal Building Security Act of 2024'.
"(a) Definitions.—In this section:
"(1) Agency.—The term 'agency' has the meaning given the term in section 551 of title 5, United States Code.
"(2) Facility security committee.—The term 'Facility Security Committee' means a committee that—
"(A) consists of representatives of—
"(i) all Federal tenants in a specific non-military facility;
"(ii) the security organization for the facility; and
"(iii) the owning or leasing Federal tenant; and
"(B) is responsible for addressing facility-specific security issues and approving the implementation of security measures and practices in the facility.
"(3) Secretary.—The term 'Secretary' means the Secretary of Homeland Security.
"(b) Response.—
"(1) In general.—Not later than 90 days after the date on which the Federal Protective Service issues a security recommendation to a Facility Security Committee to improve facility security, the head of the Facility Security Committee, or a designee thereof, shall—
"(A) respond to the Secretary—
"(i) indicating if the Facility Security Committee intends to adopt or reject the recommendation; and
"(ii) describing the financial implications of adopting or rejecting the recommendation, including if the benefits outweigh the costs; and
"(B) if the Facility Security Committee intends to reject the recommendation, provide the Secretary a justification for accepting the risk posed by rejecting the recommendation.
"(2) Method.—The Secretary shall—
"(A) develop a method to monitor the recommendations and responses described in paragraph (1); and
"(B) take reasonable action to ensure Facility Security Committee responsiveness under paragraph (1).
"(c) Annual Report.—
"(1) In general.—Not later than 270 days after the date of enactment of this Act [Dec. 17, 2024], and annually thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives a report that, for the fiscal year preceding the report, includes—
"(A) a summary of the security recommendations issued by the Federal Protective Service to Facility Security Committees to improve facility security;
"(B) the percentage of recommendations described in subparagraph (A) that were accepted and the percentage of such recommendations that were rejected;
"(C) the percentage of Facility Security Committees that failed to respond to a recommendation described in subparagraph (A) in a timely manner;
"(D) a summary of justifications provided by Facility Security Committees if a Facility Security Committee rejected a recommendation described in subparagraph (A);
"(E) a summary of the financial implications of Facility Security Committee responses to recommendations described in subparagraph (A), including if the benefits outweigh the costs;
"(F) an analysis of steps taken by Facility Security Committees to mitigate the risk posed by rejecting a recommendation described in subparagraph (A); and
"(G) an analysis of any trends found among the findings in the report.
"(2) Form.—Each report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
"(3) Briefing.—The Secretary shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives on an annual basis on the findings of the most recently submitted report under paragraph (1).
"(d) Report on Surveillance Technology.—Not later than 180 days after the date of enactment of this Act [Dec. 17, 2024], the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives an unredacted report on—
"(1) all surveillance technology recommended by the Federal Protective Service; and
"(2) any intended use of the technology described in paragraph (1).
"(e) No Additional Funds.—No additional funds are authorized to be appropriated for the purpose of carrying out this Act.
"(f) Sunset and Report.—
"(1) Sunset.—This Act shall cease to be effective on the date that is 5 years after the date of enactment of this Act [Dec. 17, 2024].
"(2) GAO report.—Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the effectiveness of this Act.
"(g) Application.—This Act shall only apply to—
"(1) General Services Administration facilities under protection of the Federal Protective Service; and
"(2) non-General Services Administration facilities that pay fees to the Federal Protective Service for protection."
Federal Protective Service Guard Contracting Reform
Pub. L. 110–356, Oct. 8, 2008, 122 Stat. 3996, provided that:
"This Act may be cited as the 'Federal Protective Service Guard Contracting Reform Act of 2008'.
"(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.
"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 [now Committee on Oversight and Accountability] of the House of Representatives."
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.
Editorial Notes
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.
"(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."
Statutory Notes and Related Subsidiaries
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 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(16) of Title 6, Domestic Security.]
Improving Federal Building Security
Pub. L. 118–157, Dec. 17, 2024, 138 Stat. 1719, provided that:
"This Act may be cited as the 'Improving Federal Building Security Act of 2024'.
"(a) Definitions.—In this section:
"(1) Agency.—The term 'agency' has the meaning given the term in section 551 of title 5, United States Code.
"(2) Facility security committee.—The term 'Facility Security Committee' means a committee that—
"(A) consists of representatives of—
"(i) all Federal tenants in a specific non-military facility;
"(ii) the security organization for the facility; and
"(iii) the owning or leasing Federal tenant; and
"(B) is responsible for addressing facility-specific security issues and approving the implementation of security measures and practices in the facility.
"(3) Secretary.—The term 'Secretary' means the Secretary of Homeland Security.
"(b) Response.—
"(1) In general.—Not later than 90 days after the date on which the Federal Protective Service issues a security recommendation to a Facility Security Committee to improve facility security, the head of the Facility Security Committee, or a designee thereof, shall—
"(A) respond to the Secretary—
"(i) indicating if the Facility Security Committee intends to adopt or reject the recommendation; and
"(ii) describing the financial implications of adopting or rejecting the recommendation, including if the benefits outweigh the costs; and
"(B) if the Facility Security Committee intends to reject the recommendation, provide the Secretary a justification for accepting the risk posed by rejecting the recommendation.
"(2) Method.—The Secretary shall—
"(A) develop a method to monitor the recommendations and responses described in paragraph (1); and
"(B) take reasonable action to ensure Facility Security Committee responsiveness under paragraph (1).
"(c) Annual Report.—
"(1) In general.—Not later than 270 days after the date of enactment of this Act [Dec. 17, 2024], and annually thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives a report that, for the fiscal year preceding the report, includes—
"(A) a summary of the security recommendations issued by the Federal Protective Service to Facility Security Committees to improve facility security;
"(B) the percentage of recommendations described in subparagraph (A) that were accepted and the percentage of such recommendations that were rejected;
"(C) the percentage of Facility Security Committees that failed to respond to a recommendation described in subparagraph (A) in a timely manner;
"(D) a summary of justifications provided by Facility Security Committees if a Facility Security Committee rejected a recommendation described in subparagraph (A);
"(E) a summary of the financial implications of Facility Security Committee responses to recommendations described in subparagraph (A), including if the benefits outweigh the costs;
"(F) an analysis of steps taken by Facility Security Committees to mitigate the risk posed by rejecting a recommendation described in subparagraph (A); and
"(G) an analysis of any trends found among the findings in the report.
"(2) Form.—Each report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
"(3) Briefing.—The Secretary shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives on an annual basis on the findings of the most recently submitted report under paragraph (1).
"(d) Report on Surveillance Technology.—Not later than 180 days after the date of enactment of this Act [Dec. 17, 2024], the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives an unredacted report on—
"(1) all surveillance technology recommended by the Federal Protective Service; and
"(2) any intended use of the technology described in paragraph (1).
"(e) No Additional Funds.—No additional funds are authorized to be appropriated for the purpose of carrying out this Act.
"(f) Sunset and Report.—
"(1) Sunset.—This Act shall cease to be effective on the date that is 5 years after the date of enactment of this Act [Dec. 17, 2024].
"(2) GAO report.—Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the effectiveness of this Act.
"(g) Application.—This Act shall only apply to—
"(1) General Services Administration facilities under protection of the Federal Protective Service; and
"(2) non-General Services Administration facilities that pay fees to the Federal Protective Service for protection."
Federal Protective Service Guard Contracting Reform
Pub. L. 110–356, Oct. 8, 2008, 122 Stat. 3996, provided that:
"This Act may be cited as the 'Federal Protective Service Guard Contracting Reform Act of 2008'.
"(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.
"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 [now Committee on Oversight and Accountability] of the House of Representatives."
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40 U.S.C. § 1315, Counsel Stack Legal Research, https://law.counselstack.com/usc/40/1315.