DOJ: The Law: Destruction of Government Property: Protection of Government Property, who is responsible

9-66.010	Introduction
9-66.100	Protection of Government Property——Real Property
9-66.500	Destruction of Government Property (18 U.S.C. § § 1361-1363, 1366)

9-66.010 – Introduction

One of the principal responsibilities of the federal criminal law is the protection of government property. The property holdings of the United States, its departments and agencies are extensive and include both real and personal property in this country and abroad. In order for the Federal government to perform the wide range of duties assigned to it by law, it must have ready access to these properties and resources. Therefore it is very important that these properties be protected from any theft, misuse or misappropriation.

This chapter focuses on the series of laws that Congress has enacted which prohibit the wrongful taking or misuse of land, personal property and other resources belonging to the United States.

Responsibility for certain violent crimes and those involving willful destruction of government property may rest with the Counterterrorism Section of the National Security Division. Prior authorization of the Criminal Division is not required for instituting these prosecutions. United States Attorneys with questions regarding the application of these laws are encouraged, however, to contact the appropriate Section for assistance.

Responsibility for certain violent crimes and those involving willful destruction of government property may rest with the Counterterrorism Section of the National Security Division. Prior authorization of the Criminal Division is not required for instituting these prosecutions. United States Attorneys with questions regarding the application of these laws are encouraged to contact the appropriate Section for assistance.

Because a number of distinct agencies possess jurisdiction to investigate crimes against government property, it is impossible to provide any simple rules which in all cases define investigative responsibility. In some cases the jurisdiction of these competing agencies is set by statute. In other instances investigative authority is defined by a memorandum of understanding between the affected agencies. Of course, the principal law enforcement agency in this area is the Federal Bureau of Investigation. By statute and by regulation the FBI has broad jurisdiction over offenses involving government property. See 28 U.S.C. § 533; 28 C.F.R. § 0.85. A number of other agencies, however, possess investigative jurisdiction over crimes involving specific federal properties. Some of the most significant of these agencies are described below:

1. The Department of the Interior is authorized by 16 U.S.C. §§ 1a-6 to designate certain officers “who shall maintain law and order and protect persons and property within the areas of the National Park System.” These officers may make arrests, with and without warrants, conduct investigations and carry firearms. See 16 U.S.C. §§ 1a-6(l) to (3).
2. The Department of Homeland Security, Federal Protective Service, through 40 U.S.C. § 1315, has the responsibility to “protect the buildings, grounds, and property that are owned, occupied, or secured by the Federal Government … and persons on the property.” 40 U.S.C. § 1315(a). This authority permits the Secretary of Homeland Security to designate law enforcement officers for the protection of federal property. See 40 U.S.C. § 1315(b). Additionally, among other authorities for the protection of federal property, the Secretary has the authority to promulgate criminal regulations for the protection of federal property. See 40 U.S.C. § 1315(c). 
3. The Inspector General Act of 1978, 5 U.S.C.App. § 1 et seq., creates within several government agencies independent Offices of Inspector General. See 5 U.S.C. App. § 2(1). The duties of these Inspectors General include the detection of fraud and abuse in government programs. See 5 U.S.C.App. § 2(2). Thus, the Act gives these Inspectors General investigative jurisdiction over some crimes involving government property. Under the Act, Inspectors General are required to report to the Attorney General any information which provides them with “reasonable grounds to believe that there has been a violation of federal criminal law.” See 5 U.S.C.App. § 4(d).
4. The United States Postal Service has jurisdiction to investigate postal offenses. See 39 U.S.C. § 404(a)(7). In practice, many crimes involving postal service property and personnel are investigated by law enforcement officers from the Postal Service.
5. Finally, many crimes involving the theft or misuse of property belonging to the armed services will be investigated at the outset by military police or Defense Department investigators. This is particularly true of offenses committed by military personnel.
    

[updated January 2020]

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9-66.100 – 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] 

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9-66.500 – Destruction of Government Property (18 U.S.C. § § 1361-1363, 1366)

The Federal Bureau of Investigation (FBI) has the authority to investigate offenses under 18 U.S.C. §§ 1361-1363, 1366. The Counterterrorism Section of the National Security Division has supervisory authority.

NO FREE GOVERNMENT CAN SURVIVE THAT IS NOT BASED ON THE SUPREMACY OF THE LAW WHERE LAW ENDS TYRANNY BEGINS LAW ALONE CAN GIVE US FREEDOM                                                                                                       – T. Hartley Alexander, Inscription, Pennsylvania Avenue, above Second Story

[updated January 2020]

Upholding the Supremacy of the Law Cybercrime, illegal drug trafficking, gang war, crime against youth — these issues weren’t in the forefront when the Department of Justice was founded in 1870. But as new crimes have emerged in America, the Department has grown and enhanced its capabilities, working to prevent these and all crimes, to enforce the law, and to represent the rights and interests of America and its people.To accomplish all of this takes a joint effort. It requires partnerships and collaboration, particularly in the areas of crime prevention and control. Through these united forces, the Department of Justice reaches well beyond the Halls of Justice and into every community.

For example, the Community Capacity Development Office (CCDO) works with local communities to design strategies for deterring crime, promoting economic growth and enhancing the quality of life.32 This office’s highly successful Weed and Seed initiative is a multi-agency ap­ proach to law enforcement, crime prevention, and community revitaliza­ tion.The Department’s Office of Community Oriented Policing Services, or COPS, awards grants to hire and train community policing professionals, acquire and deploy crime-fighting technologies, and develop and test policing strategies.

33 Under the Bureau of Justice Assistance, Project Safe Neighborhoods is a nation-wide commitment to reduce gun crime in America by networking existing local programs.

34 The Office of Juvenile Justice and Delinquency Prevention (OJJDP)’s Drug-Free Communities Grants fund coalitions of young people, parents, media, law enforcement, and community representatives to fight young people’s use of illegal drugs, alcohol and tobacco.

35 And on a global level, theInternational Criminal Investigative Training Assistance Program(ICITAP) works with foreign governments to develop law enforcement institutions that protect human rights, combat corruption, and reduce the threat of transnational crime and terrorism.

36 The Department’s many divisions and units are hard at work, enhancing our nation’s capacity to fight crime on every level, for every person. For example, the Office on Violence Against Women (OVW) provides federal leadership to reduce violence, administer justice and strengthen services to all victims of domestic violence, dating violence, sexual assault, and stalking.

37 The Criminal Division’s Gang Unit develops and implements strategies to attack the most significant national and transnational gangs operating in the U.S.

38 And the Department’s Smart Mission protects the public by supporting a national compre­hensive sex offender registration and notification system.

39Increased efforts lead to reduced crimeAccording to the Bureau of Justice Statistics, violent crime rates have declined substantially since 1993.

40 Thousands of people within the De­partment of Justice are working hard to make sure this positive trend continues. In fact, one of the top ten priorities of the Federal Bureau of Investigation is to “combat significant violent crime.” The FBI does this by serving as a national focal point for criminal justice information for local, state, federal, and international law enforcement organizations, the private sector, academia, and other government agencies.

41The U.S. Marshals Service (USMS) is the nation’s oldest and most versatile federal law enforcement agency. Federal Marshals are the enforce­ ment arm of the federal courts, and as such, are involved in virtually every federal law enforcement initiative. More than 3,200 Deputy Marshals and Criminal Investigators form the backbone of this agency.42The Interpol-U.S. National Central Bureau (USNCB) is the central point of contact for all INTERPOL matters in the United States, including secure communications with police authorities in INTERPOL’s 188 member countries and access to INTERPOL’s various databases.43 The USNCB’s Terrorism and Violent Crimes Division handles cases involving terrorism, firearms and explosives, bank robbery, kidnapping, crimes on the high seas, organized crime and the sexual molestation of children.4424

iNO FREE GOVERNMENT CAN SURVIVE THAT IS NOT BASED ON THE SUPREMACY OF THE LAW WHERE LAW ENDS TYRANNY BEGINS LAW ALONE CAN GIVE US FREEDOM                                                                                                       – T. Hartley Alexander, Inscription, Pennsylvania Avenue, above Second Story

For any emergency located in a federal building or property, please call the Federal Protective Service at: 1-877-4FPS-411.

This information provides guidance on effective ways to make your federal buildings safer. Employees should increase awareness of any suspicious activity and report concerns to the appropriate security and law enforcement personnel. The better we prepare ourselves to respond to emergencies, the better we will be able to care for ourselves and our co-workers in the event of a real threat or act of violence.