Page:United States Statutes at Large Volume 102 Part 3.djvu/700

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2652

PUBLIC LAW 100-531—OCT. 25, 1988

Public Law 100-531 100th Congress An Act Oct. 25, 1988 [S. 836]

To amend the Department of Energy Organization Act to authorize protective force personnel who guard the strategic petroleum reserve or its storage and related facilities to carry firearms while discharging their official duties and in certain instances to make arrests without warrant; to establish the offense of trespass on property of the strategic petroleum reserve, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROTECTION OF STRATEGIC PETROLEUM RESERVE.

(a) IN GENERAL.—Title VI of the Department of Energy Organization Act (42 U.S.C. 7211-7270) is amended by adding at the end the following new sections: " G U A R D S FOR S T R A T E G I C PETROLEUM RESERVE FACILITIES 42 USC 7270a.

"SEC. 661. Under guidelines prescribed by the Secretary and concurred with by the Attorney General, employees of the Department of Energy and employees of contractors and subcontractors (at any tier) of the Department of Energy, while discharging their official duties of protecting the Strategic Petroleum Reserve (established under part B of title I of the Energy Policy and Conservation Act) or its storage or related facilities or of protecting persons upon the Strategic Petroleum Reserve or its storage or related facilities, may— "(1) carry firearms, if designated by the Secretary and qualified for the use of firearms under the guidelines; and "(2) arrest without warrant any person for an offense against the United States— "(A) in the case of a felony, if the employee has reasonable grounds to believe that the person— "(i) has committed or is committing a felony; and "(ii) is in or is fleeing from the immediate area of the felony; and "(B) in the case of a felony or misdemeanor, if the violation is committed in the presence of the employee. " T R E S P A S S O N STRATEGIC PETROLEUM RESERVE FACILITIES

Real property. 42 USC 7270b.

"SEC. 662. (a) The Secretary may issue regulations relating to the entry upon or carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property into or onto the Strategic Petroleum Reserve, its storage or related facilities, or real property subject to the jurisdiction, administration, or in the custody of the Secretary under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231-6247). The Secretary shall post conspicuously, on the property subject to the regulations, notification that the property is subject to the regulations.