38 U.S.C. § 901 — Authority to prescribe rules for conduct

Page 128 TITLE 38—VETERANS’ BENEFITS § 901 CHAPTER 9—SECURITY AND LAW ENFORCE- MENT ON PROPERTY UNDER THE JURIS- DICTION OF THE DEPARTMENT Sec. 901. Authority to prescribe rules for conduct and penalties for violations. 902. Enforcement and arrest authority of Depart- ment police officers. 903. Uniform allowance. 904. Equipment and weapons. 905. Use of facilities and services of other law en- forcement agencies. § 901. Authority to prescribe rules for conduct and penalties for violations (a)(1) The Secretary shall prescribe regula- tions to provide for the maintenance of law and order and the protection of persons and property on Department property. (2) In this chapter, the term ‘‘Department property’’ means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services. (b) Regulations under subsection (a) shall in- clude— (1) rules for conduct on Department prop- erty; and (2) the penalties, within the limits specified in subsection (c), for violations of such rules. (c) Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a maximum term of imprisonment of a shorter period than that which would otherwise apply under the pre- ceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any other law to the contrary. (d) The rules prescribed under subsection (a), together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply. (e) The Secretary shall consult with the Attor- ney General before prescribing regulations under this section. (f)(1) The Secretary may not prohibit the use of a covered service dog in any facility or on any property of the Department or in any facility or on any property that receives funding from the Secretary. (2) For purposes of this subsection, a covered service dog is a service dog that has been trained by an entity that is accredited by an ap- propriate accrediting body that evaluates and accredits organizations which train guide or service dogs. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 397; amended Pub. L. 112–154, title I, § 109, Aug. 6, 2012, 126 Stat. 1174.) Editorial Notes PRIOR PROVISIONS Prior section 901 was renumbered section 2301 of this title. Provisions similar to those in this section were con- tained in section 218(a) of this title prior to repeal by Pub. L. 102–83, § 2(a). AMENDMENTS 2012—Subsec. (f). Pub. L. 112–154 added subsec. (f). § 902. Enforcement and arrest authority of De- partment police officers (a)(1) Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property— (A) enforce Federal laws; (B) enforce the rules prescribed under sec- tion 901 of this title; (C) enforce traffic and motor vehicle laws of a State or local government (by issuance of a citation for violation of such laws) within the jurisdiction of which such Department prop- erty is located as authorized by an express grant of authority under applicable State or local law; (D) carry the appropriate Department-issued weapons, including firearms, while off Depart- ment property in an official capacity or while in an official travel status; (E) conduct investigations, on and off De- partment property, of offenses that may have been committed on property under the origi- nal jurisdiction of Department, consistent with agreements or other consultation with affected Federal, State, or local law enforce- ment agencies; and (F) carry out, as needed and appropriate, the duties described in subparagraphs (A) through (E) when engaged in duties authorized by other Federal statutes. (2) Subject to regulations prescribed under subsection (b), a Department police officer may make arrests on Department property for a vio- lation of a Federal law or any rule prescribed under section 901(a) of this title, and on any ar- rest warrant issued by competent judicial au- thority. (3) Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Vet- erans Benefits and Health Care Improvement Act of 2022, the Secretary shall require Depart- ment police officers to use cameras worn on the individual police officer’s person that record and store audio and video (commonly known as ‘‘body worn cameras’’). (b) The Secretary shall prescribe regulations with respect to Department police officers. Such regulations shall include— (1) policies with respect to the exercise by Department police officers of the enforcement and arrest authorities provided by this sec- tion; (2) the scope and duration of training that is required for Department police officers, with particular emphasis on dealing with situations involving patients; and (3) rules limiting the carrying and use of weapons by Department police officers. (c) The powers granted to Department police officers designated under this section shall be exercised in accordance with guidelines ap- proved by the Secretary and the Attorney Gen- eral. (d) Rates of basic pay for Department police officers may be increased by the Secretary under section 7455 of this title.