Protection of Government Property—Real Property

The Administrator of the General Services Administration is responsible for the maintenance and operation of federal offices and buildings throughout the United States. See 40 U.S.C. § 301 et seq. However, the duty to protect federal property now resides with the Secretary of Homeland Security. See 40 U.S.C. § 1315. In order to fulfill this responsibility, the Secretary is authorized to enforce the Rules and Regulations Governing conduct on Federal Property. See 40 U.S.C. § 1315. See 40 U.S.C. § 1315. Violations of these regulations are criminal offenses, punishable by thirty days imprisonment, a $5,000.00 fine, or both. See 40 U.S.C. § 1315(c)(2). The Rules and Regulations Governing Conduct on Federal Property can be found in Title 41 of the Code of Federal Regulations.

In addition, there are several statutes which apply to specific federal facilities. For example, 18 U.S.C. § 930 prohibits the possession of firearms and dangerous weapons in federal facilities, 18 U.S.C. § 844(f) relating to the malicious damage or destruction, or attempt thereof, of any federal facility, and 2 U.S.C. §§ 167a-g prohibits soliciting, malicious property damage, possession of firearms and fireworks, speeches or parades in the Library of Congress. A similar set of prohibitions, applicable to the Capitol Building and grounds, can be found at 40 U.S.C. § 193 et seq.

Finally, statutes of general application, such as 18 U.S.C. § 1361, would also extend to federal facilities. Moreover, where the jurisdictional prerequisites have been met, offenses committed within these buildings may also violate the federal enclave laws.

[updated January 2020]