US (United States) Code. Title 38. Chapter 9: Security and Law enforcement on property

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. General Provisions. Jurisdiction of the Department

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 9 páginas
publicidad
publicidad

-CITE-

38 USC CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON

PROPERTY UNDER THE JURISDICTION OF THE

DEPARTMENT 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE

JURISDICTION OF THE DEPARTMENT

-HEAD-

CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE

JURISDICTION OF THE DEPARTMENT

-MISC1-

Sec.

901. Authority to prescribe rules for conduct and penalties

for violations.

902. Enforcement and arrest authority of Department police

officers.

903. Uniform allowance.

904. Equipment and weapons.

905. Use of facilities and services of other law

enforcement agencies.

-End-

-CITE-

38 USC Sec. 901 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE

JURISDICTION OF THE DEPARTMENT

-HEAD-

Sec. 901. Authority to prescribe rules for conduct and penalties

for violations

-STATUTE-

(a)(1) The Secretary shall prescribe regulations 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 include -

(1) rules for conduct on Department property; 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 preceding 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 Attorney General before

prescribing regulations under this section.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 397.)

-MISC1-

PRIOR PROVISIONS

Prior section 901 was renumbered section 2301 of this title.

Provisions similar to those in this section were contained in

section 218(a) of this title prior to repeal by Pub. L. 102-83,

Sec. 2(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 902 of this title.

-End-

-CITE-

38 USC Sec. 902 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE

JURISDICTION OF THE DEPARTMENT

-HEAD-

Sec. 902. Enforcement and arrest authority of Department police

officers

-STATUTE-

(a)(1) Employees of the Department who are Department police

officers shall, with respect to acts occurring on Department

property, enforce -

(A) Federal laws;

(B) the rules prescribed under section 901 of this title; and

(C) subject to paragraph (2), traffic and motor vehicle laws of

a State or local government within the jurisdiction of which such

Department property is located.

(2) A law described in subparagraph (C) of paragraph (1) may be

enforced under such subparagraph only as authorized by an express

grant of authority under applicable State or local law. Any such

enforcement shall be by the issuance of a citation for violation of

such law.

(3) 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.

(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 Secretary shall consult with the Attorney General before

prescribing regulations under paragraph (1) of subsection (b).

(d) Rates of basic pay for Department police officers may be

increased by the Secretary under section 7455 of this title.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 397.)

-MISC1-

PRIOR PROVISIONS

Prior section 902 was renumbered section 2302 of this title.

Provisions similar to those in this section were contained in

section 218(b) of this title prior to repeal by Pub. L. 102-83,

Sec. 2(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7455 of this title.

-End-

-CITE-

38 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE

JURISDICTION OF THE DEPARTMENT

-HEAD-

Sec. 903. Uniform allowance

-STATUTE-

(a) The Secretary may pay an allowance under this section for the

purchase of uniforms to any Department police officer who is

required to wear a prescribed uniform in the performance of

official duties.

(b) The amount of the allowance that the Secretary may pay under

this section -

(1) may be based on estimated average costs or actual costs;

(2) may vary by geographic regions; and

(3) except as provided in subsection (c), may not exceed $200

in a fiscal year for any police officer.

(c) The amount of an allowance under this section may be

increased to an amount up to $400 for not more than one fiscal year

in the case of any Department police officer. In the case of a

person who is appointed as a Department police officer on or after

January 1, 1990, an allowance in an amount established under this

subsection shall be paid at the beginning of such person's

employment as such an officer. In the case of any other Department

police officer, an allowance in an amount established under this

subsection shall be paid upon the request of the officer.

(d) A police officer who resigns as a police officer less than

one year after receiving an allowance in an amount established

under this section shall repay to the Department a pro rata share

of the amount paid, based on the number of months the officer was

actually employed as such an officer during the twelve-month period

following the date on which such officer began such employment or

the date on which the officer submitted a request for such an

allowance, as the case may be.

(e) An allowance may not be paid to a Department police officer

under this section and under section 5901 of title 5 for the same

fiscal year.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 398.)

-MISC1-

PRIOR PROVISIONS

Prior section 903 was renumbered section 2303 of this title.

Provisions similar to those in this section were contained in

section 218(c) of this title prior to repeal by Pub. L. 102-83,

Sec. 2(a).

-End-

-CITE-

38 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE

JURISDICTION OF THE DEPARTMENT

-HEAD-

Sec. 904. Equipment and weapons

-STATUTE-

The Secretary shall furnish Department police officers with such

weapons and related equipment as the Secretary determines to be

necessary and appropriate.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 399.)

-MISC1-

PRIOR PROVISIONS

Prior section 904 was renumbered section 2304 of this title.

Provisions similar to those in this section were contained in

section 218(d) of this title prior to repeal by Pub. L. 102-83,

Sec. 2(a).

-End-

-CITE-

38 USC Sec. 905 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 9 - SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE

JURISDICTION OF THE DEPARTMENT

-HEAD-

Sec. 905. Use of facilities and services of other law enforcement

agencies

-STATUTE-

With the permission of the head of the agency concerned, the

Secretary may use the facilities and services of Federal, State,

and local law enforcement agencies when it is economical and in the

public interest to do so.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 399.)

-MISC1-

PRIOR PROVISIONS

Prior section 905 was renumbered section 2305 of this title.

Provisions similar to those in this section were contained in

section 218(e) of this title prior to repeal by Pub. L. 102-83,

Sec. 2(a).

Prior sections 906 to 908 and 1000 to 1010 were renumbered

sections 2306 to 2308 and 2400 to 2410 of this title, respectively.

-End-

-CITE-

38 USC PART II - GENERAL BENEFITS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

-HEAD-

PART II - GENERAL BENEFITS

-MISC1-

Chap. Sec.

11. Compensation for Service-Connected Disability or

Death 1101

13. Dependency and Indemnity Compensation for

Service-Connected Deaths 1301

15. Pension for Non-Service-Connected Disability or

Death or for Service 1501

17. Hospital, Nursing Home, Domiciliary, and Medical

Care 1701

18. Benefits for Children of Vietnam Veterans 1802

19. Insurance 1901

20. Benefits for Homeless Veterans 2001

21. Specially Adapted Housing for Disabled Veterans 2101

23. Burial Benefits 2301

24. National Cemeteries and Memorials 2400

AMENDMENTS

2001 - Pub. L. 107-95, Sec. 5(a)(2), Dec. 21, 2001, 115 Stat.

918, added item for chapter 20.

2000 - Pub. L. 106-419, title IV, Sec. 401(f)(2), Nov. 1, 2000,

114 Stat. 1861, substituted "Benefits for Children of Vietnam

Veterans" and "1802" for "Benefits for Children of Vietnam Veterans

Who Are Born With Spina Bifida" and "1801", respectively, in item

for chapter 18.

1996 - Pub. L. 104-204, title IV, Sec. 421(b)(2), Sept. 26, 1996,

110 Stat. 2926, added item for chapter 18.

1991 - Pub. L. 102-83, Sec. 5(b)(2), Aug. 6, 1991, 105 Stat. 406,

renumbered references to section numbers by substituting "1101" for

"301" in item for chapter 11, "1301" for "401" in item for chapter

13, "1501" for "501" in item for chapter 15, "1701" for "601" in

item for chapter 17, "1901" for "701" in item for chapter 19,

"2101" for "801" in item for chapter 21, "2301" for "901" in item

for chapter 23, and "2400" for "1000" in item for chapter 24.

1976 - Pub. L. 94-581, title II, Sec. 203(a), Oct. 21, 1976, 90

Stat. 2856, inserted "Nursing Home," in item for chapter 17.

1973 - Pub. L. 93-43, Sec. 2(b), June 18, 1973, 87 Stat. 78,

added item for chapter 24.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 42 section 3013.

-End-