VALETC Week 4 (Law week part 2)
UPDATED ACTUAL Exam Questions and
CORECT Answers
: Identify the primary sources of law & regulations enforced by VA police - CORRECT
ANSWER - · Title 18 USC Federal Criminal Code
· Title 21 USC Federal Drug Code
· Title 38 USC Veteran's Benefits
· Title 38 CFR 1.218
Title 18 USC (Federal Criminal Code) - CORRECT ANSWER - o Law concerning acts
against the public which are prohibited
o Passed by Congress & signed by the President
o Establishes uniformed punishments
o Contains common defenses & procedures
o Applies to all U.S. Citizens, U.S. Territories & possessions
· Title 21 USC Federal Drug Code - CORRECT ANSWER - o 1970 - Congress passes the
"Controlled Substance Act" codified at 21 USC
o 5 drug schedules - classified as Schedule I through V according to potential for abuse
o "Controlled Substance" means a drug or other substance in Schedule I, II, III, IV, or V
o This term does not include distilled spirits, wines, malt beverages or tobacco
· Title 38 USC Veteran's Benefits - CORRECT ANSWER - o Pertains to all of the
functions of the Dept. of VA
,o Sec. 901-905 pertains to the VA police specifically, which was enacted in 1991 to reflect years
of changes & transition in VA Law Enforcement
o "Delegation of Authority" from Congress to the Secretary of the VA to promulgate (To put a
law or decree into force or effect) regulations for law enforcement on Dept. property
o Sec. 901 - Authority to prescribe rules for conduct & penalties for violations
§ Secretary shall prescribe regulations to provide for the maintenance of law & order & the
protection of persons & property on dept. property (Lands & buildings under the jurisdiction of
the Dept. & not under the control of GSA)
§ Rules prescribed & penalties for violations of such rules shall be posted conspicuously on
property to which they apply
o Sec. 902 - Enforcement & arrest authority of dept. police
§ Employees of the Dept. who are Dept. police officers shall w/ respect to an act occurring on
Dept. property, enforce:
§ Federal laws
§ The rules prescribed under 38 USC 901 (38 CFR 1.218)
§ Subject to limitations, traffic& motor vehicle laws of a State or local government within the
jurisdiction of which such Dept. property is located
§ Handbook 0730 Limitations on the enforcement of state & local traffic & motor vehicle laws
§ U.S.D.C. formally refuses to process traffic violations
,§ Local govt. grants authority & provides training
§ Enforcement limited to violations that closely match 1.218(b)(24A) to (36)
§ Regional Counsel is consulted
§ Secretary shall prescribe regulations w/ respect to Dept. police officers. Such regulations shall
include:
§ Law enforcement & arrest policies
§ Scope & duration of training
§ Rules on weapon carry
§ Powers exercised approved by Secretary & Attorney General
§ Rates of basic pay
o Sec. 903 - Uniform allowance
§S
· Title 38 CFR 1.218 - CORRECT ANSWER - o 1.218(a) Authority & Rules of Conduct:
Lists rules & regulations that apply at all property under the charger & control of the VA (not
GSA) & to all persons entering in or on such property. The head of the facility is charged w/ the
responsibility for the enforcement of these rules & regulations & shall cause these rules &
regulations to be posted in a conspicuous place
§ Rules & regulations
§ List contains the elements of the offense that you use to develop your probable cause
statements
, o 1.218(b) Schedule of Offenses & Penalties: Conduct in violation of the rules & regulations set
forth in para. (a) subjects an offender to arrest & removal from the premises. Violations subject
the offender to a fine or imprisonment for not more than six months.
§ These offenses correspond w/ the list of rules & regulations in sec. (a)
§ The fine amounts or requirements for mandatory appearances will vary by District
§ This is the codified offense listed on the USDCVN
The first federal Assimilative Crimes Act: - CORRECT ANSWER - The ability to make a
state law applicable on federal property
The purpose of the Assimilated Crimes Act (ACA - CORRECT ANSWER - · is to act as a
"gap filler"
o It would be cumbersome (if not impossible) to amend the federal law to include all possible
state-specific offenses that could occur on federal property
o The ACA is a federal criminal law that adopts state criminal laws "by reference" in order to
enforce those state laws on federal property
Modern ACA: 18 USC 13: Laws of States adopted for areas within Federal jurisdiction -
CORRECT ANSWER - · Applies to VA property w/ exclusive or concurrent jurisdiction
· An offense on VA property punishable by the state where the VA is located, but not punishable
by federal law, may be processed in federal courts as federal crime
U.S. Attorneys' Manual, Criminal Resource Manual § 667. Assimilative Crimes Act -
CORRECT ANSWER - · The ACA has nothing to do w/ enforcing state & local laws
· The ACA makes a violation of state law a federal offense, prosecuted in federal court
· The ACA applies to traffic, misdemeanor & felony offenses
·
The ACA does not override conflicting federal law or policy
UPDATED ACTUAL Exam Questions and
CORECT Answers
: Identify the primary sources of law & regulations enforced by VA police - CORRECT
ANSWER - · Title 18 USC Federal Criminal Code
· Title 21 USC Federal Drug Code
· Title 38 USC Veteran's Benefits
· Title 38 CFR 1.218
Title 18 USC (Federal Criminal Code) - CORRECT ANSWER - o Law concerning acts
against the public which are prohibited
o Passed by Congress & signed by the President
o Establishes uniformed punishments
o Contains common defenses & procedures
o Applies to all U.S. Citizens, U.S. Territories & possessions
· Title 21 USC Federal Drug Code - CORRECT ANSWER - o 1970 - Congress passes the
"Controlled Substance Act" codified at 21 USC
o 5 drug schedules - classified as Schedule I through V according to potential for abuse
o "Controlled Substance" means a drug or other substance in Schedule I, II, III, IV, or V
o This term does not include distilled spirits, wines, malt beverages or tobacco
· Title 38 USC Veteran's Benefits - CORRECT ANSWER - o Pertains to all of the
functions of the Dept. of VA
,o Sec. 901-905 pertains to the VA police specifically, which was enacted in 1991 to reflect years
of changes & transition in VA Law Enforcement
o "Delegation of Authority" from Congress to the Secretary of the VA to promulgate (To put a
law or decree into force or effect) regulations for law enforcement on Dept. property
o Sec. 901 - Authority to prescribe rules for conduct & penalties for violations
§ Secretary shall prescribe regulations to provide for the maintenance of law & order & the
protection of persons & property on dept. property (Lands & buildings under the jurisdiction of
the Dept. & not under the control of GSA)
§ Rules prescribed & penalties for violations of such rules shall be posted conspicuously on
property to which they apply
o Sec. 902 - Enforcement & arrest authority of dept. police
§ Employees of the Dept. who are Dept. police officers shall w/ respect to an act occurring on
Dept. property, enforce:
§ Federal laws
§ The rules prescribed under 38 USC 901 (38 CFR 1.218)
§ Subject to limitations, traffic& motor vehicle laws of a State or local government within the
jurisdiction of which such Dept. property is located
§ Handbook 0730 Limitations on the enforcement of state & local traffic & motor vehicle laws
§ U.S.D.C. formally refuses to process traffic violations
,§ Local govt. grants authority & provides training
§ Enforcement limited to violations that closely match 1.218(b)(24A) to (36)
§ Regional Counsel is consulted
§ Secretary shall prescribe regulations w/ respect to Dept. police officers. Such regulations shall
include:
§ Law enforcement & arrest policies
§ Scope & duration of training
§ Rules on weapon carry
§ Powers exercised approved by Secretary & Attorney General
§ Rates of basic pay
o Sec. 903 - Uniform allowance
§S
· Title 38 CFR 1.218 - CORRECT ANSWER - o 1.218(a) Authority & Rules of Conduct:
Lists rules & regulations that apply at all property under the charger & control of the VA (not
GSA) & to all persons entering in or on such property. The head of the facility is charged w/ the
responsibility for the enforcement of these rules & regulations & shall cause these rules &
regulations to be posted in a conspicuous place
§ Rules & regulations
§ List contains the elements of the offense that you use to develop your probable cause
statements
, o 1.218(b) Schedule of Offenses & Penalties: Conduct in violation of the rules & regulations set
forth in para. (a) subjects an offender to arrest & removal from the premises. Violations subject
the offender to a fine or imprisonment for not more than six months.
§ These offenses correspond w/ the list of rules & regulations in sec. (a)
§ The fine amounts or requirements for mandatory appearances will vary by District
§ This is the codified offense listed on the USDCVN
The first federal Assimilative Crimes Act: - CORRECT ANSWER - The ability to make a
state law applicable on federal property
The purpose of the Assimilated Crimes Act (ACA - CORRECT ANSWER - · is to act as a
"gap filler"
o It would be cumbersome (if not impossible) to amend the federal law to include all possible
state-specific offenses that could occur on federal property
o The ACA is a federal criminal law that adopts state criminal laws "by reference" in order to
enforce those state laws on federal property
Modern ACA: 18 USC 13: Laws of States adopted for areas within Federal jurisdiction -
CORRECT ANSWER - · Applies to VA property w/ exclusive or concurrent jurisdiction
· An offense on VA property punishable by the state where the VA is located, but not punishable
by federal law, may be processed in federal courts as federal crime
U.S. Attorneys' Manual, Criminal Resource Manual § 667. Assimilative Crimes Act -
CORRECT ANSWER - · The ACA has nothing to do w/ enforcing state & local laws
· The ACA makes a violation of state law a federal offense, prosecuted in federal court
· The ACA applies to traffic, misdemeanor & felony offenses
·
The ACA does not override conflicting federal law or policy
