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40 U.S.C. § 1315 — Law enforcement authority of Secretary of Homeland Security for protection of public property
Federal law — U.S. Code and appendices · legal_authorities
**(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 agains
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Source location: Title 40, Chapter 13, § 1315; chapter-013-public-property.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of the United States;
(D) the government of the District of Columbia;
or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)—
(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below.
(2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency;
(3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes;
(4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities** The Center shall—
(1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors;
(2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies;
(3) leverage information gathered about cyber incidents to—
(A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and
(B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reorganization** The Secretary may allocate or reallocate functions among the officers of the Department, and may establish, consolidate, alter, or discontinue organizational units within the Department, but only—
(1) pursuant to [section 542(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section542/b&num=0&edition=prelim); or
(2) after the expiration of 60 days after providing notice of such action to the appropriate congressional committees, which shall include an explanation of the rationale for the action.
**(b) Limitations**
(1) **In general** — Authority under subsection (a)(1) does not extend to the abolition of any agency, entity, organizational unit, program, or function established or required to be maintained by this chapter.
(2) **Abolitions** — Authority under subsection (a)(2) does not extend to the abolition of any agency, entity, organizational unit, program, or function established or required to be maintained by statute.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 456
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulatory authority** Except as otherwise provided in sections 186(c) and 441(c) of this title and [section 1315 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1315&num=0&edition=prelim),11 See References in Text note below. this chapter vests no new regulatory authority in the Secretary or any other Federal official, and transfers to the Secretary or another Federal official only such regulatory authority as exists on November 25, 2002, within any agency, program, or function transferred to the Department pursuant to this chapter, or that on November 25, 2002, is exercised by another official of the executive branch with respect to such agency, program, or function. Any such transferred authority may not be exercised by an official from whom it is transferred upon transfer of such agency, program, or function to the Secretary or another Federal official pursuant to this chapter. This chapter may not be construed as altering or diminishing the regulatory authority of any other executive agency, except to the extent that this chapter transfers such authority from the agency.
**(b) Preemption of State or local law** Except as otherwise provided in this chapter, this chapter preempts no State or local law, except that any authority to preempt State or local law vested in any Federal agency or official transferred to the Department pursuant to this chapter shall be transferred to the Department effective on the date of the transfer to the Department of that Federal agency or official.
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Federal law — U.S. Code and appendices · legal_authorities
Page 109
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 1315
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1314(a) ........
40:319c.
Pub. L. 87–852, Oct. 23, 1962,
76 Stat. 1129.
1314(b) ........
40:319 (1st, 2d sen-
tences).
1314(c) ........
40:319 (3d, last sen-
tences).
1314(d) ........
40:319a.
1314(e) ........
40:319b.
1314(f) ........
40:319 note, 319a
note, 319b note,
319c note.
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 be-
cause 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 ‘‘con-
cerned’’ before ‘‘a notice’’ are omitted as unnecessary.
The words ‘‘chief executive officer’’ are substituted for
‘‘Governor’’ for clarity.
Editorial Notes
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 Au-
gust 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 pub-
lic property
(a) IN GENERAL.—To the extent provided for by
transfers made pursuant to the Homeland Secu-
rity Act of 2002, the Secretary of Homeland Se-
curity (in this section referred to as the ‘‘Sec-
retary’’) shall protect the buildings, grounds,
and property that are owned, occupied, or se-
cur
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 1315
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