40 U.S.C. § 1315 — Law enforcement authority of Secretary of Homeland Security for protection of public property

(a) In general. To the extent transfers under the Homeland Security Act of 2002 provide for it, the Secretary of Homeland Security (the “Secretary”) must protect Federal buildings, grounds, and property that the Federal Government owns, occupies, or secures, including property of its agencies and corporations, and people on that property.

(b) Officers and agents. (1) The Secretary may designate Department of Homeland Security employees, including employees transferred from the General Services Administration’s Federal Protective Service, as officers and agents to protect Federal property and people on it. They may work outside the property as needed for that protection. (2) While doing official duties, a designated officer or agent may: (A) enforce Federal laws and regulations protecting people and property; (B) carry firearms; (C) arrest without a warrant for a United States offense committed in the officer’s presence, or for a Federal felony when there are reasonable grounds to believe the person committed or is committing it; (D) serve United States warrants and subpoenas; (E) investigate, on or off the property, offenses possibly committed against Federal property or people there; and (F) perform other homeland-security activities the Secretary prescribes.

(c) Regulations. (1) After consulting the General Services Administrator, the Secretary may issue regulations needed to protect and administer Federal property and people there. The regulations may set reasonable penalties within paragraph (2)’s limits and must be posted conspicuously on the property. (2) A violator may be fined under title 18, imprisoned for up to 30 days, or both.

(d) Details. (1) At the request of the Federal agency head in charge of Federal property, the Secretary may assign designated officers and agents to protect it and people there. (2) The Secretary may (A) extend these regulations to that property and enforce them under this section, or (B) use the requesting agency’s authority and regulations if the agencies agree in writing. (3) If economical and in the public interest, the Secretary may use Federal, State, and local law-enforcement facilities and services with those agencies’ consent.

(e) Authority outside Federal property. To protect Federal property and people there, the Secretary may agree with Federal agencies and State and local governments to let designated officers and agents enforce Federal and State or local laws at the same time as other Federal, State, and local officers.

(f) Secretary and Attorney General approval. Designated officers and agents must use their powers under guidelines approved by the Secretary and Attorney General.

(g) Limitation on statutory construction. Nothing here precludes or limits a Federal law-enforcement agency’s authority or restricts the General Services Administrator’s authority to issue regulations affecting property in the Administrator’s custody and control.