38 USC 902 - Enforcement and arrest authority of Department police officers

U.S Code last checked for updates: Nov 22, 2024

§ 902.

Enforcement and arrest authority of Department 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 section 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 property 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 Department property in an official capacity or while in an official travel status;

(E)

conduct investigations, on and off Department property, of offenses that may have been committed on property under the original jurisdiction of Department, consistent with agreements or other consultation with affected Federal, State, or local law enforcement 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 violation of a Federal law or any rule prescribed under section 901(a) of this title, and on any arrest warrant issued by competent judicial authority.

(3)

Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall require Department 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 section;

(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 approved by the Secretary and the Attorney General.

(d)

Rates of basic pay for Department police officers may be increased by the Secretary under section 7455 of this title.

(e)

(1)

The Secretary shall publish on the internet website of each facility of the Department the following information with respect to the facility:

(A)

Summaries and statistics covering the previous five-year period regarding—

(i)

arrests made by and tickets issued by Department police officers;

(ii)

prosecutions, ticketing, and other actions relating to such arrests;

(iii)

the use of force and weapons discharge by Department police officers; and

(iv)

complaints, investigations, and disciplinary actions regarding Department police officers.

(B)

Contact information for employees of the Department and the public to directly contact the police force of the facility, including for an individual (or the representative, attorney, or authorized agent of the individual) to request information regarding the arrest, ticketing, detainment, use of force, or other police matters pertaining to that individual.

(2)

The Secretary shall ensure that each police force of a facility of the Department is able to provide to an individual who contacts the police force pursuant to paragraph (1)(B) the information described in such paragraph.

(f)

Police Incidents.—

(1)

(A)

The Secretary shall track and analyze the following information regarding the police force of the Department:

(i)

Arrests made by and tickets issued by Department police officers.

(ii)

Prosecutions, ticketing, and other actions relating to such arrests.

(iii)

The use of force and weapons discharge.

(iv)

Complaints, investigations, and disciplinary actions.

(B)

The Secretary shall carry out subparagraph (A) by implementing one or more Department-wide data systems.

(2)

(A)

Beginning not later than one year after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall ensure that each incident described in subparagraph (C) is promptly reported to the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions.

(B)

The Assistant Secretary shall, in a timely manner—

(i)

review each incident described in subparagraph (C)(i) that is reported under subparagraph (A); and

(ii)

investigate each incident described in subparagraph (C)(ii) that is reported under subparagraph (A).

(C)

An incident described in this subparagraph is either of the following:

(i)

An incident, including an allegation, of the use of force by a Department police officer.

(ii)

An incident, including an allegation, of the use of force by a Department police officer that results in any person receiving medical attention.

(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 397; amended Pub. L. 111–163, title X, § 1001, May 5, 2010, 124 Stat. 1181; Pub. L. 117–328, div. U, title IV, § 405(a), (b)(1), (c), Dec. 29, 2022, 136 Stat. 5491, 5492.)

cite as: 38 USC 902