§ 1047.4 - Arrest authority.

§ 1047.4 Arrest authority.

(a) Under the Act, the authority of a DOE protective force officer to arrest without warrant is limited to the performance of official duties and should be exercised only in the enforcement of:

(1) The following laws only if property of the United States which is in the custody of the DOE or its contractors is involved:

(i) Felonies:

(A) Arson - 18 U.S.C. 81 - (only applicable to “special maritime and territorial jurisdiction of the United States” as defined by 18 U.S.C. 7).

(B) Building or property within special maritime and territorial jurisdiction - 18 U.S.C. 1363 - (only applicable to “special maritime and territorial jurisdiction of United States” as defined by 18 U.S.C. 7).

(C) Civil disorder - 18 U.S.C. 231.

(D) Communication lines, stations or systems - 18 U.S.C. 1362.

(E) Concealment, removal or mutilation generally - 18 U.S.C. 2071.

(F) Conspiracy - 18 U.S.C. 371 - (violation of this section is a felony if the offense which is the object of the conspiracy is a felony).

(G) Destruction of motor vehicles or motor vehicle facilities - 18 U.S.C. 33.

(H) Explosives - 18 U.S.C. 844(f).

(I) Government property or contracts - 18 U.S.C. 1361 - (violation of section is a felony if property damage exceeds $100).

(J) Military, naval or official passes - 18 U.S.C. 499 - (pertains to forging or altering official passes).

(K) Personal property of the United States - 18 U.S.C. 2112.

(L) Public money, property, or records - 18 U.S.C. 641 - (violation of section is a felony if the property value exceeds $100).

(M) Sabotage - 18 U.S.C. 2151, 2153-2156.

(N) Violation under Physical Security Convention - 18 U.S.C. 831.

(ii) Misdemeanors:

(A) Conspiracy - 18 U.S.C. 371 - (violation of section is a misdemeanor if the offense which is the object of the conspiracy is a misdemeanor).

(B) Explosives - 18 U.S.C. 844(g).

(C) Government property or contracts - 18 U.S.C. 1361 - (violation of section is a misdemeanor if the property damage does not exceed $100).

(D) Official badges, identification cards, other insignia - 18 U.S.C. 701 - (pertains to the manufacture, sale, and possession of official insignia).

(E) Public money, property or records - 18 U.S.C. 641 - (violation of section is a misdemeanor if the property value does not exceed $100).

(iii) Assaulting, resisting, or impeding certain officers or employees - 18 U.S.C. 111. Both the felony and misdemeanor level offenses may only be enforced by protective force officers that are federal employees.

(2) The following criminal provisions of the Atomic Energy Act:

(i) Felonies:

(A) Section 222. Violation of Specific Sections - 42 U.S.C. 2272.

(B) Section 223. Violation of Sections Generally. 42 U.S.C. 2273.

(C) Section 224. Communication of Restricted Data - 42 U.S.C. 2274.

(D) Section 225. Receipt of Restricted Data - 42 U.S.C. 2275.

(E) Section 226. Tampering with Restricted Data - 42 U.S.C. 2276.

(ii) Misdemeanors:

(A) Section 227. Disclosure of Restricted Data - 42 U.S.C. 2277.

(B) Section 229. Trespass Upon Commission (DOE) Installations - 42 U.S.C. 2278.

(C) Section 230. Photographing, etc., of Commission (DOE) Installations - 42 U.S.C. 2278.b.

(b) Felony Arrests. A protective force officer is authorized to make an arrest for any felony listed in paragraph (a)(1)(i) or (a)(2)(i) of this section if the offense is committed in the presence of the protective force officer or if he or she has reasonable grounds to believe that the individual to be arrested has committed or is committing the felony.

(c) Misdemeanor Arrest. A protective force officer is authorized to make an arrest for any misdemeanor listed in paragraph (a)(1)(ii) or (a)(2)(ii) of this section if the offense is committed in the presence of the protective force officer.

(d) Other Authority. The Act does not provide authority to arrest for violations of state criminal statutes or for violations of federal criminal statutes other than those listed in paragraph (a) of this section. Therefore, arrests for violations of such other criminal statutes shall be made by other peace officers (e.g., U.S. Marshals or Federal Bureau of Investigation (FBI) agents for federal offenses; LLEA officers for state or local offenses) unless:

(1) The protective force officer can make a citizen's arrest for the criminal offense under the law of the state,

(2) The protective force officer is an authorized state peace officer or otherwise deputized by the particular state to make arrests for state criminal offenses, or

(3) The protective force officer has been deputized by the U.S. Marshals Service or other federal law enforcement agency to make arrests for the criminal offense.

(e) In those locations which are within the “special maritime and territorial jurisdiction of the United States,” as defined in 18 U.S.C. 7, the Assimilative Crimes Act (18 U.S.C. 13) adopts the law of the state for any crime under state law not specifically prohibited by Federal statute and provides for federal enforcement of that state law. The local DOE Office of Chief Counsel, in coordination with contractor legal counsel, as appropriate, shall provide guidance in this matter.

[50 FR 30929, July 31, 1985, as amended at 80 FR 23692, Apr. 29, 2015]