2013 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES (§§ 101 - 1315)
Chapter 13 - PUBLIC PROPERTY (§§ 1301 - 1315)
Section 1315 - Law enforcement authority of Secretary of Homeland Security for protection of public property
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY Sec. 1315 - Law enforcement authority of Secretary of Homeland Security for protection of public property |
Contains | section 1315 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 62 Stat. 281 75 Stat. 574 102 Stat. 4052 110 Stat. 2654 116 Stat. 1140, 2316, 2135, 2318 122 Stat. 3996 |
Public Law References | Public Law 87-275, Public Law 100-678, Public Law 104-201, Public Law 107-217, Public Law 107-296, Public Law 110-356 |
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(a)
(b)
(1)
(2)
(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)
(1)
(2)
(d)
(1)
(2)
(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)
(e)
(f)
(g)
(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.
(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.)
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 before 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 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 TEXTThe 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.
AMENDMENTS2002—Pub. L. 107–296 amended catchline and text generally. Prior to amendment, text read as follows:
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
"(1)
"(2)
"(A)
"(B)
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 FUNCTIONSFor 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 AUTHORITYPub. 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(14) of Title 6, Domestic Security.]
FEDERAL PROTECTIVE SERVICE GUARD CONTRACTING REFORMPub. 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)
"(1)
"(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)
"(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)
"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."
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