[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2884]
[[Page Unknown]]
[Federal Register: February 9, 1994]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 228
Security Protective Force
AGENCY: National Security Agency, DOD.
ACTION: Final rule.
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SUMMARY: The National Security Agency (NSA) has promulgated regulations
which protect its foreign intelligence facilities within the United
States. The classified and highly sensitive worldwide activities of the
Agency are directed and supervised from these various facilities.
Furthermore, all intelligence support functions for the conduct of the
various foreign intelligence missions of the NSA are managed from these
facilities. Pursuant to a Delegation of Authority to the Director, NSA
from the Administrator of General Services effective October 1, 1986,
the NSA was empowered to promulgate this part, which has the force of
law. Pursuant to the Delegation, the NSA has the authority to carry out
the protective police functions set forth above with respect to
property under its charge and control, and has promulgated this part
pursuant thereto.
EFFECTIVE DATE: February 9, 1994.
FOR FURTHER INFORMATION CONTACT:
Peter R. Badger, Office of General Counsel, National Security Agency.
(301) 688-5015.
SUPPLEMENTARY INFORMATION: On September 30, 1991, the Administrator of
General Services signed a Delegation of Authority, effective October 1,
1991, which delegated to the Director, NSA the authorities vested in
the Administrator by, inter alia, the Act of June 1, 1948, 62 Stat.
281, Sections 1 through 4 (40 U.S.C. 318-318c), to perform functions
with respect to the protection of the buildings and grounds occupied by
the Agency. 40 U.S.C. 318 empowers the Administrator of General
Services to appoint special policemen to protect property under his
charge and control. In furtherance of this purpose, such special
policemen are granted the same powers as sheriffs and constables, and
are authorized to enforce laws enacted for the protection of persons
and property, to prevent breaches of the peace, to suppress affrays
(brawls) or unlawful assemblies, and to enforce with criminal penalties
any rules and regulations made and promulgated by the Administrator.
Section 318a provides specific authority to promulgate regulations to
be enforced by such special policemen.
On July 2, 1991, NSA published this regulation as a proposed rule
with comment period. No comments were received, and the rule is now
being published in final without substantive changes.
This rule is not a significant regulatory action within the meaning
of Executive Order 12866 of September 30, 1993. As required by the
Regulatory Flexibility Act, it has been certified that this rule will
not have a significant impact on small business entities. This rule is
not subject to the Paperwork Reduction Act because it will not impose
on the public any reporting or record keeping requirements.
List of Subjects in 32 CFR Part 228
Security measures.
Accordingly, Title 32, Chapter I, Subchapter M is amended to add a
new Part 228 to read as follows:
PART 228--SECURITY PROTECTIVE FORCE
Sec.
228.1 Applicability.
228.2 Control of activities on protected property.
228.3 Restrictions on admission to protected property.
228.4 Control of vehicles on protected property.
228.5 Enforcement of parking regulations.
228.6 Security inspection.
228.7 Prohibition on weapons and explosives.
228.8 Prohibition on photographic or electronic recording or
transmitting equipment.
228.9 Prohibition on narcotics and illegal substances.
228.10 Prohibition on alcohol.
228.11 Restrictions on the taking of photographs.
228.12 Physical protection of facilities.
228.13 Disturbances on protected property.
228.14 Prohibition on gambling.
228.15 Restriction regarding animals.
228.16 Soliciting, vending, and debt collection.
228.17 Distribution of unauthorized materials.
228.18 Penalties and the effect on other laws.
Authority: 40 U.S.C. 318-318c.
Sec. 228.1 Applicability.
This part applies to all property under the charge and control of
the Director, NSA, and to all persons entering in or on such property
(hereinafter referred to as ``protected property''). Employees of the
NSA and any other persons entering upon protected property shall be
subject to these regulations.
Sec. 228.2 Control of activities on protected property.
Persons in and on protected property shall at all times comply with
official signs of a prohibitory, regulatory, or directory nature and
with the direction of Security Protective Officers and any other duly
authorized personnel.
Sec. 228.3 Restrictions on admission to protected property.
Access to protected property shall be restricted to ensure the
orderly and secure conduct of Agency business. Admission to protected
property will be restricted to employees and other persons with proper
authorization who shall, when requested, display government or other
identifying credentials to the Security Protective Officers or other
duly authorized personnel when entering, leaving, or while on the
property.
Sec. 228.4 Control of vehicles on protected property.
Drivers of all vehicles entering or while on protected property
shall comply with the signals and directions of Security Protective
Officers or other duly authorized personnel and any posted traffic
instructions. All vehicles shall be driven in a safe and careful manner
at all times, in compliance with applicable motor vehicle laws.
Sec. 228.5 Enforcement of parking regulations.
For reasons of security, parking regulations shall be strictly
enforced. Except with proper authorization, parking on protected
property is not allowed without a permit. Parking without a permit or
other authorization, parking in unauthorized locations or in locations
reserved for other persons, or parking contrary to the direction of
posted signs or applicable state or federal laws and regulations is
prohibited. Vehicles parked in violation, where warning signs are
posted, shall be subject to removal at the owner's risk, which shall be
in addition to any penalties assessed pursuant to Sec. 228.18. The
Agency assumes no responsibility for the payment of any fees or costs
related to such removal which may be charged to the owner of the
vehicle by the towing organization. This paragraph may be supplemented
from time to time with the approval of the NSA Director of Security or
his designee by the issuance and posting of such specific traffic
directives as may be required, and when so issued and posted such
directives shall have the same force and effect as if made a part
hereof. Proof that a vehicle was parked in violation of these
regulations or directives may be taken as prima facie evidence that the
registered owner was responsible for the violation.
Sec. 228.6 Security inspection.
Any personal property, including but not limited to any packages,
briefcases, containers or vehicles brought into, while on, or being
removed from protected property are subject to inspection. A search of
a person may accompany an investigative stop or an arrest.
Sec. 228.7 Prohibition on weapons and explosives.
No persons entering or while on protected property shall carry or
possess, either openly or concealed, firearms, any illegal or legally
controlled weapon (e.g., throwing stars, switchblades), explosives, or
items intended to be used to fabricate an explosive or incendiary
device, except as authorized by the NSA Director of Security or his
designee at each Agency facility. The use of chemical agents (Mace,
tear gas, etc.) on protected property in circumstances that do not
include an immediate and unlawful threat of physical harm to any person
or persons is prohibited; however, this prohibition does not apply to
use by law enforcement personnel in the performance of their duties.
Sec. 228.8 Prohibition on photographic or electronic recording or
transmitting equipment.
No person entering or while on protected property shall bring or
possess any kind of photographic, recording or transmitting equipment
(including but not limited to cameras, cellular telephones, or
recorders), except as specially authorized by the NSA Director of
Security or his designee at each Agency facility.
Sec. 228.9 Prohibition on narcotics and illegal substances.
Entering or being on protected property under the influence of, or
while using or possessing, any narcotic drug, hallucinogen, marijuana,
barbiturate or amphetamine is prohibited. Operation of a motor vehicle
entering or while on protected property by a person under the influence
of narcotic drugs, hallucinogens, marijuana, barbiturates or
amphetamines is also prohibited. These prohibitions shall not apply in
cases where the drug is being used as prescribed for a patient by a
licensed physician.
Sec. 228.10 Prohibition on alcohol.
Entering or being on protected property under the influence of
alcoholic beverages is prohibited. Operation of a motor vehicle
entering or while on protected property by a person under the influence
of alcoholic beverages is prohibited. The use of alcoholic beverages on
protected property is also prohibited, except on occasions and on
protected property for which the NSA Deputy Director for Support
Services or his designee has granted approval for such use.
Sec. 228.11 Restrictions on the taking of photographs.
In order to protect the security of the Agency's facilities,
photographs may be taken on protected property only with the consent of
the NSA Director of Security or his designee. The taking of photographs
includes the use of television cameras, video taping equipment, and
still or motion picture cameras.
Sec. 228.12 Physical protection of facilities.
The willful destruction of, or damage to any protected property, or
any buildings or personal property thereon, is prohibited. The theft of
any personal property, the creation of any hazard on protected property
to persons or things, and the throwing of articles of any kind at
buildings or persons on protected property is prohibited. The improper
disposal of trash or rubbish, or any unauthorized or hazardous
materials on protected property is also prohibited.
Sec. 228.13 Disturbances on protected property.
Any conduct which impedes or threatens the security of protected
property, or any buildings or persons thereon, or which disrupts the
performance of official duties by Agency employees, or which interferes
with ingress to or egress from protected property is prohibited. Also
prohibited is any disorderly conduct, any failure to obey an order to
depart the premises, any unwarranted loitering, any behavior which
creates loud or unusual noise or nuisance, or any conduct which
obstructs the usual use of entrances, foyers, lobbies, corridors,
offices, elevators, stairways or parking lots.
Sec. 228.14 Prohibition on gambling.
Participating in games for money or other personal property, or the
operating of gambling devices, the conduct of a lottery, or the selling
or purchasing of numbers tickets, in or on protected property is
prohibited. This prohibition shall not apply to the vending or exchange
of chances by licensed blind operators of vending facilities for any
lottery set forth in a State law and conducted by an agency of a State
as authorized by section 2(a)(5) of the Randolph-Sheppard Act, as
amended [20 U.S.C. 107(a)(5)].
Sec. 228.15 Restriction regarding animals.
No animals except guide dogs for the blind or hearing impaired, or
guard or search dogs used by authorized state or federal officials,
shall be brought upon protected property, except as authorized by the
NSA Director of Security or his designee at each Agency facility.
Sec. 228.16 Soliciting, vending, and debt collection.
Commercial or political soliciting, vending of all kinds,
displaying or distributing commercial advertising, collecting private
debts or soliciting alms on protected property is prohibited. This does
not apply to:
(a) National or local drives for welfare, health, or other purposes
as authorized by the ``Manual on Fund Raising Within the Federal
Service,'' issued by the U.S. Office of Personnel Management under
Executive Order 12353, 47 FR 12785, 3 CFR, 1982 Comp., p. 139, or by
other federal laws or regulations; and
(b) Authorized employee notices posted on Agency bulletin boards.
Sec. 228.17 Distribution of unauthorized materials.
Distributing, posting or affixing materials, such as pamphlets,
handbills, or flyers, on protected property is prohibited, except as
provided by Sec. 228.16, as authorized by the NSA Director of Security
or his designee at each Agency facility, or when conducted as part of
authorized Government activities.
Sec. 228.18 Penalties and the effect on other laws.
Whoever shall be found guilty of violating any provision of these
regulations is subject to a fine of not more than $50 or imprisonment
of not more than 30 days, or both. In the case of traffic and parking
violations, fines assessed shall be in accordance with the schedule(s)
of fines adopted by the United States District Court for the District
where the offense occurred. Nothing in these regulations shall be
construed to abrogate or supersede any other Federal laws or any State
or local laws or regulations applicable to any area in which the
protected property is situated.
Dated: February 3, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-2884 Filed 2-8-94; 8:45 am]
BILLING CODE 5000-04-M
