40 U.S.C. § 1315 — Law enforcement authority of Secretary

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- cured 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 des- ignate employees of the Department of Home- land Security, including employees trans- ferred 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 protec- tion of property owned or occupied by the Fed- eral 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 perform- ance of official duties, an officer or agent des- ignated 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 com- mitted 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 Govern- ment or persons on the property; and (F) carry out such other activities for the promotion of homeland security as the Sec- retary may prescribe. (c) REGULATIONS.— (1) IN GENERAL.—The Secretary, in consulta- tion with the Administrator of General Serv- ices, 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 viola- tions of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property. (2) PENALTIES.—A person violating a regula- tion prescribed under this subsection shall be fined under title 18, United States Code, im- prisoned 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 Sec- retary may— (A) extend to property referred to in para- graph (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 AGEN- CIES.—When the Secretary determines it to be economical and in the public interest, the Sec- retary 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 occu- pied 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 sec- tion to enforce Federal laws and State and local laws concurrently with other Federal law en- forcement officers and with State and local law enforcement officers. (f) SECRETARY AND ATTORNEY GENERAL AP- PROVAL.—The powers granted to officers and agents designated under this section shall be ex- ercised 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— Page 110 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 1315 (1) preclude or limit the authority of any Federal law enforcement agency; or (2) restrict the authority of the Adminis- trator of General Services to promulgate regu- lations affecting property under the Adminis- trator’s custody and control. (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) Source (Statutes at Large) 1315(a) ........ 40:318(a). June 1, 1948, ch. 359, § 1, 62 Stat. 281; Pub. L. 100–678, § 8(a), (b), Nov. 17, 1988, 102 Stat. 4052. 1315(b) ........ 40:318(b). 1315(c) ........ 40:318b (words be- fore semicolon). June 1, 1948, ch. 359, § 3, 62 Stat. 281; Pub. L. 100–678, § 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, § 5, as added Pub. L. 87–275, Sept. 22, 1961, 75 Stat. 574. 1315(f) ........ 40:318a. June 1, 1948, ch. 359, § 2, 62 Stat. 281; Pub. L. 100–678, § 8(a), (c)(1), Nov. 17, 1988, 102 Stat. 4052, 4053. 1315(g) ........ 40:318c. 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 unnec- essary. 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 con- sistency with chapter 227 of title 18. In subsection (g)(2)(B), the words ‘‘similar offense’’ are substituted for ‘‘like or similar offense’’ to elimi- nate 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 com- plete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Ta- bles. AMENDMENTS 2002—Pub. L. 107–296 amended catchline and text gen- erally. Prior to amendment, text read as follows: ‘‘(a) APPOINTMENT.—The Administrator of General Services, or an official of the General Services Admin- istration authorized by the Administrator, may ap- point uniformed guards of the Administration as spe- cial 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 un- lawful assemblies, and enforce regulations prescribed by the Administrator or an official of the Administra- tion 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 de- partment or agency of the Government having property of the Government under its administration and con- trol, the Administrator or an official of the Adminis- tration 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 en- force them as provided in this section. ‘‘(d) USE OF OTHER LAW ENFORCEMENT AGENCIES.— When it is considered economical and in the public in- terest, the Administrator or an official of the Adminis- tration authorized by the Administrator may utilize the facilities and services of existing federal law en- forcement 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 Adminis- trator, or an official of the Administration authorized by the Administrator, may empower officials or em- ployees of the Administration authorized to perform in- vestigative 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 Adminis- tration, officials or employees empowered to act as nonuniformed special police have the power to enforce federal laws for the protection of individuals and prop- erty and to enforce regulations for that purpose that the Administrator or an official of the Administration authorized by the Administrator prescribes and pub- lishes. The special police may make arrests without warrant for any offense committed on the property if the police have reasonable grounds to believe the of- fense 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 offi- cial of the Administration authorized by the Adminis- trator may prescribe regulations necessary for the gov- ernment of the property under their charge and con- trol, and may annex to the regulations reasonable pen- alties, 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 regu- lation 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 ex- ceeding 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, Do- mestic Security. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Federal Protective Service of the Gen- eral Services Administration, including the functions Page 111 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 1315 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- 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(16) of Title 6, Domestic Security.] IMPROVING FEDERAL BUILDING SECURITY Pub. L. 118–157, Dec. 17, 2024, 138 Stat. 1719, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Improving Federal Building Security Act of 2024’. ‘‘SEC. 2. RESPONDING TO SECURITY REC- OMMENDATIONS. ‘‘(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 ‘Fa- cility Security Committee’ means a committee that— ‘‘(A) consists of representatives of— ‘‘(i) all Federal tenants in a specific non-mili- tary 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 there- of, shall— ‘‘(A) respond to the Secretary— ‘‘(i) indicating if the Facility Security Com- mittee intends to adopt or reject the rec- ommendation; and ‘‘(ii) describing the financial implications of adopting or rejecting the recommendation, in- cluding if the benefits outweigh the costs; and ‘‘(B) if the Facility Security Committee intends to reject the recommendation, provide the Sec- retary a justification for accepting the risk posed by rejecting the recommendation. ‘‘(2) METHOD.—The Secretary shall— ‘‘(A) develop a method to monitor the rec- ommendations and responses described in para- graph (1); and ‘‘(B) take reasonable action to ensure Facility Se- curity 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 an- nually thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Home- land 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 de- scribed in subparagraph (A) that were accepted and the percentage of such recommendations that were rejected; ‘‘(C) the percentage of Facility Security Commit- tees that failed to respond to a recommendation de- scribed in subparagraph (A) in a timely manner; ‘‘(D) a summary of justifications provided by Fa- cility 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 rec- ommendations described in subparagraph (A), in- cluding if the benefits outweigh the costs; ‘‘(F) an analysis of steps taken by Facility Secu- rity Committees to mitigate the risk posed by re- jecting a recommendation described in subpara- graph (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 Com- mittee on Homeland Security and Governmental Af- fairs 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 sub- mitted 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 In- frastructure 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 car- rying 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 Gen- eral 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: ‘‘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 CON- TRACTS. ‘‘(a) PROHIBITION ON AWARD OF CONTRACTS TO ANY BUSINESS CONCERN OWNED, CONTROLLED, OR OPERATED BY AN INDIVIDUAL CONVICTED OF A FELONY.— Page 112 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 1315 1 Section catchline amended by Pub. L. 113–50 without cor- responding amendment of chapter analysis. ‘‘(1) IN GENERAL.—The Secretary of Homeland Secu- rity, 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 con- tract security guard program of the Federal Protec- tive 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 prohibi- tions when promulgating the regulations. ‘‘(2) CONTENTS.—The regulations under this sub- section 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 convic- tion, 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 Sec- retary shall issue regulations to carry out this section. ‘‘SEC. 3. REPORT ON GOVERNMENT-WIDE APPLICA- BILITY. ‘‘Not later than 18 months after the date of enact- ment of the [probably should be ‘‘this’’] Act, the Ad- ministrator for Federal Procurement Policy shall sub- mit a report on establishing similar guidelines govern- ment-wide to the Committee on Homeland Security and Governmental Affairs and the Committee on Over- sight and Government Reform [now Committee on Oversight and Accountability] of the House of Rep- resentatives.’’ SUBTITLE II—PUBLIC BUILDINGS AND WORKS PART A—GENERAL Chapter Sec. 31. GENERAL .............................................. 3101 33. ACQUISITION, CONSTRUCTION, AND ALTERATION ......................... 3301 35. NON-FEDERAL PUBLIC WORKS ... 3501 37. CONTRACT WORK HOURS AND SAFETY STANDARDS .................... 3701 PART B—UNITED STATES CAPITOL 51. UNITED STATES CAPITOL BUILDINGS AND GROUNDS ....... 5101 PART C—FEDERAL BUILDING COMPLEXES 61. UNITED STATES SUPREME COURT BUILDING AND GROUNDS ......................................... 6101 63. SMITHSONIAN INSTITUTION, NA- TIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS .. 6301 65. THURGOOD MARSHALL FED- ERAL JUDICIARY BUILDING ..... 6501 67. PENNSYLVANIA AVENUE DEVEL- OPMENT ............................................ 6701 69. UNION STATION REDEVELOP- MENT .................................................. 6901 PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA 81. ADMINISTRATIVE .............................. 8101 83. WASHINGTON METROPOLITAN REGION DEVELOPMENT ............. 8301 Chapter Sec. 85. NATIONAL CAPITAL SERVICE AREA AND DIRECTOR .................. 8501 87. PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION .... 8701 89. NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS 8901 91. COMMISSION OF FINE ARTS ......... 9101 93. THEODORE ROOSEVELT ISLAND 9301 95. WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE DISTRICT OF COLUMBIA ............ 9501 PART A—GENERAL CHAPTER 31—GENERAL SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS Sec. 3101. Public buildings under control of Adminis- trator of General Services. 3102. Naming or designating buildings. 3103. Admission of guide dogs or other service ani- mals accompanying individuals with dis- abilities. 3104. Furniture for new buildings. 3105. Buildings not to be draped in mourning. SUBCHAPTER II—ACQUIRING LAND 3111. Approval of sufficiency of title prior to acqui- sition. 3112. Federal jurisdiction. 3113. Acquisition by condemnation. 3114. Declaration of taking. 3115. Irrevocable commitment of Federal Govern- ment to pay ultimate award when fixed. 3116. Interest as part of just compensation. 3117. Exclusion of certain property by stipulation of Attorney General. 3118. 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 mate- rial. 3134. Waivers for certain contracts. SUBCHAPTER IV—WAGE RATE REQUIREMENTS 3141. Definitions. 3142. Rate of wages for laborers and mechanics. 3143. Termination of work on failure to pay agreed wages. 3144. Authority of Comptroller General to pay wages and list contractors violating con- tracts.1 3145. Regulations governing contractors and sub- contractors. 3146. Effect on other federal laws. 3147. Suspension of this subchapter during a na- tional emergency. 3148. Application of this subchapter to certain con- tracts. SUBCHAPTER V—VOLUNTEER SERVICES 3161. Purpose. 3162. Waiver for individuals who perform volunteer services. SUBCHAPTER VI—MISCELLANEOUS 3171. Contract authority when appropriation is for less than full amount.