(a) Act means sections 661 of the Department of Energy Organization Act, as amended, (42 U.S.C. § 7270a).

Terms Used In 10 CFR 1049.3

  • Arrest: Taking physical custody of a person by lawful authority.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(b) Arrest means an act resulting in the restriction of a person’s movement, other than a brief consensual detention for purposes of questioning about a person’s identity and requesting identification, accomplished by means of force or show of authority under circumstances that would lead a reasonable person to believe that he was not free to leave the presence of the officer.

(c) Contractor means a contractor or subcontractor at any tier.

(d) Deadly force means that force which a reasonable person would consider likely to cause death or serious bodily harm.

(e) Protective Force Officer means a person designated by DOE to carry firearms pursuant to section 661 of the Act.

(f) SPR means the Strategic Petroleum Reserve, its storage or related facilities, and real property subject to the jurisdiction or administration, or in the custody of the Department of Energy under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. §§ 62316247).

(g) Suspect means a person who is subject to arrest by a Protective Force Officer as provided in these guidelines.