[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Rules and Regulations]
[Pages 44785-44789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22354]
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CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1903
Security Protective Service
AGENCY: Central Intelligence Agency.
ACTION: Final rule.
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SUMMARY: The Central Intelligence Agency is hereby promulgating
regulations which protect its installations within the United States.
The classified and highly sensitive worldwide activities of the Agency
are directed and supervised from these various installations.
Furthermore, all intelligence support functions, including training,
for the conduct of the various foreign intelligence activities of the
CIA are managed from these installations. Pursuant to section 15 of the
Central Intelligence Agency Act of 1949, as amended, the CIA is
empowered to promulgate these regulations, which have the force of law
and which are effective immediately.
DATES: Effective Date: August 21, 1998.
FOR FURTHER INFORMATION CONTACT: Paul Morris, Legal Advisor, Center for
CIA Security, Central Intelligence Agency, Washington, D.C. 20505 (703)
482-8724; facsimile (703) 734-1283.
ADDRESSES: Central Intelligence Agency, Washington, D.C. 20505.
SUPPLEMENTARY INFORMATION: On 8 November 1984, Congress enacted the
Intelligence Authorization Act for Fiscal Year 1985, which amended the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) to
permit the Director of Central Intelligence to authorize Agency
personnel within the United States to perform functions identical to
those performed by special police officers of the General Services
Administration in order to protect Agency installations.
The legislation empowering GSA special police officers is entitled
``An Act to authorize the Federal Works Administrator or officials of
the Federal Works Agency duly authorized by him to appoint special
policemen for duty on Federal property under the jurisdiction of the
Federal Works Agency, and for other purposes'' (40 U.S.C. 318). Under
this Act, the Administrator of GSA is authorized to appoint uniformed
guards as special police officers. Once appointed, the GSA special
police are granted the same powers as sheriffs and constables upon
property under the GSA charge and control and are authorized to enforce
laws enacted for the protection of persons and property, to prevent
breaches of the peace, to suppress affrays or unlawful assemblies, and
to enforce with criminal penalties any rules and regulations made and
promulgated by the Administrator of the General Services
Administration.
As described in section 15 of the Central Intelligence Agency Act
of 1949, as amended, the Central Intelligence Agency has the authority
to carry out the protective police functions set forth above and has
promulgated these regulations pursuant to that authority.
This regulation concerns the management of public property and is
issued as a final rule in accordance with 5 U.S.C. 553(a)(2).
Lists of Subjects in 32 CFR Part 1903
Federal buildings and facilities, Security measures, Government
property, Government buildings, Defense, Law enforcement, Crime,
[[Page 44786]]
Motor vehicles, Security protective service.
For the reasons set forth in the preamble, revise part 1903 of
title 32 of the Code of Federal Regulations to read as follows:
PART 1903--CONDUCT ON AGENCY INSTALLATIONS
Sec.
1903.1 Definitions.
1903.2 Applicability.
1903.3 State law applicable.
1903.4 Vehicles and traffic safety.
1903.5 Enforcement of parking regulations.
1903.6 Admission on to an Agency Installation.
1903.7 Trespassing.
1903.8 Interfering with Agency functions.
1903.9 Explosives.
1903.10 Weapons.
1903.11 Restrictions on photographic, transmitting, and recording
equipment.
1903.12 Alcoholic beverages and controlled substances.
1903.13 Intoxicated on an Agency installation.
1903.14 Disorderly conduct.
1903.15 Preservation of property.
1903.16 Restrictions on animals.
1903.17 Soliciting, vending, and debt collection.
1903.18 Distribution of materials.
1903.19 Gambling.
1903.20 Penalties and effects on other laws.
Authority: 50 U.S.C. 403o.
Sec. 1903.1 Definitions.
As used in this part:
Agency installation. For the purposes of this part, the term Agency
installation means the property within the Agency Headquarters Compound
and the property controlled and occupied by the Federal Highway
Administration located immediately adjacent to such Compound, and
property within any other Agency installation and protected property
(i.e., property owned, leased, or otherwise controlled by the Central
Intelligence Agency).
Authorized person. An officer of the Security Protective Service,
or any other Central Intelligence Agency employee who has been
authorized by the Director of Central Intelligence pursuant to section
15 of the Central Intelligence Agency Act of 1949 to enforce the
provisions of this part.
Blasting agents. The term is defined for the purposes of this part
as it is defined in Title 18 U.S.C. 841.
Controlled Substance. Any drug or other substance, or immediate
precursor that has been defined as a controlled substance in the
Controlled Substances Act (Title 21 U.S.C. 801 et seq.).
Explosives/Explosive Materials. The term is defined for the
purposes of this part as it is defined in Title 18 U.S.C. 841.
Operator. A person who operates, drives, controls, or otherwise has
charge of, or is in actual physical control of a mechanical mode of
transportation or any other mechanical equipment.
Permit. A written authorization to engage in uses or activities
that are otherwise prohibited, restricted, or regulated.
Possession. Exercising direct physical control or dominion, with or
without ownership, over the property.
State law. The applicable and non-conflicting laws, statutes,
regulations, ordinances, and codes of the State(s) and other political
subdivision(s) within whose exterior boundaries an Agency installation
or a portion thereof is located.
Traffic. Pedestrians, ridden or herded animals, vehicles, and other
conveyances, either singly or together, while using any road, path,
street, or other thoroughfare for the purpose of travel.
Vehicles. Any vehicle that is self-propelled or designed for self-
propulsion, any motorized vehicle, and any vehicle drawn by or designed
to be drawn by a motor vehicle, including any device in, upon, or by
which any person or property is or can be transported or drawn upon a
roadway, highway, hallway, or pathway; to include any device moved by
human or animal power. Whether required to be licensed in any State or
otherwise.
Weapons. Any firearms or any other loaded or unloaded pistol,
rifle, shotgun, or other weapon which is designed to, or may be readily
converted to expel a projectile by ignition of a propellant, by
compressed gas, or which is spring-powered. Any bow and arrow,
crossbow, blowgun, spear gun, hand-thrown spear, sling-shot, irritant
gas device, explosive device, or any other implement designed to
discharge missiles; or a weapon, device, instrument, material, or
substance, animate or inanimate, that is used for or is readily capable
of, causing death or serious bodily injury, including any weapon the
possession of which is prohibited under the laws of the State in which
the Agency installation or portion thereof is located; except that such
term does not include a closing pocket knife with a blade of less than
2\1/2\ inches in length.
Sec. 1903.2 Applicability.
The provisions of this part apply to all Agency installations, and
to all persons entering on to or when on an Agency installation. They
supplement the provisions of Title 18, United States Code, relating to
crimes and criminal procedures, and those provisions of State law that
are federal criminal offenses by virtue of the Assimilative Crimes Act,
18 U.S.C. 13. The Director of Central Intelligence, at his discretion,
may suspend the applicability of this part, or a portion thereof, on
any Agency installation, or any portion of the installation, covered
under this part. Where necessary and when consistent with national
security requirements notices will be posted on the affected Agency
installation to indicate that the applicability of this part or a
portion thereof has been suspended.
Sec. 1903.3 State law applicable.
(a) Unless specifically addressed by the regulations in this part,
traffic safety and the permissible use and operation of vehicles within
an Agency installation are governed by State law. State law that is now
or may later be in effect is adopted and made a part of the regulations
in this part.
(b) Violating a provision of State law is prohibited.
Sec. 1903.4 Vehicles and traffic safety.
(a) Open container of alcoholic beverage. (1) Each person within
the vehicle is responsible for complying with the provisions of this
section that pertain to carrying an open container. The operator of the
vehicle is the person responsible for complying with the provisions of
this section that pertain to the storage of an open container.
(2) Carrying or storing a bottle, can, or other receptacle
containing an alcoholic beverage that is open or has been opened, or
whose seal is broken, or the contents of which have been partially
removed, within a vehicle on an Agency installation is prohibited.
(3) This section does not apply to:
(i) An open container stored in the trunk of a vehicle or, if a
vehicle is not equipped with a trunk, to an open container stored in
some other portion of the vehicle designated for the storage of luggage
and not normally occupied by or readily accessible to the operator or
passenger; or
(iii) An open container stored in the living quarters of a motor
home or camper.
(4) For the purpose of paragraph (a)(3)(i) of this section, a
utility compartment or glove compartment is deemed to be readily
accessible to the operator and passengers of a vehicle.
(b) Operating under the influence of alcohol, drugs, or controlled
substances. (1) Operating or being in actual physical control of a
vehicle is prohibited while.
(i) Under the influence of alcohol, drug or drugs, a controlled
substance, or any combination thereof, to a degree
[[Page 44787]]
that renders the operator incapable of safe operation; or
(ii) The alcohol concentration in the operator's blood is 0.08
grams or more of alcohol per 100 milliliters of blood or 0.08 grams or
more alcohol per 210 liters of breath. Provided, however, that if the
applicable State law that applies to operating a vehicle while under
the influence of alcohol establishes more restrictive limits of alcohol
concentration in the operator's blood or breath, those limits supersede
the limits specified in this section.
(2) The provisions or paragraph (b)(1) of this section shall also
apply to an operator who is or has been legally entitled to use alcohol
or another drug.
(3) Test. (i) At the request or direction of an authorized person
who has probable cause to believe that an operator of a vehicle within
an Agency installation has violated a provision of paragraph (b)(1) of
this section, the operator shall submit to one or more tests of blood,
breath, saliva, or urine for the purpose of determining blood alcohol,
drug, and controlled substance content.
(ii) Refusal by an operator to submit to a test is prohibited and
may result in detention and citation by an authorized person. Proof of
refusal many be admissible in any related judicial proceeding.
(iii) Any test or tests for the presence of alcohol, drugs, and
controlled substances shall be determined by and administered at the
direction of an officer of the Security Protective Service.
(iv) Any test shall be conducted by using accepted scientific
methods and equipment of proven accuracy and reliability and operated
by personnel certified in its use.
(4) Presumptive levels. (i) The results of chemical or other
quantitative tests are intended to supplement the elements of probable
cause used as the basis for the arrest of an operator charged with a
violation of this section. If the alcohol concentration in the
operator's blood or breath at the time of the testing is less than the
alcohol concentration specified in paragraph (b)(1)(ii) of this section
this fact does not give rise to any presumption that the operator is or
is not under the influence of alcohol.
(ii) The provisions of paragraph (b)(4)(i) of this section are not
intended to limit the introduction of any other competent evidence
bearing upon the question of whether the operator, at the time of the
alleged violation, was under the influence of alcohol, a drug or drugs,
or a controlled substance, or any combination thereof.
Sec. 1903.5 Enforcement of parking regulations.
(a) A vehicle parked in any location without authorization,
pursuant to a fraudulent, fabricated, copied or altered parking permit,
or parked contrary to the directions of posted signs or markings, shall
be subject to any penalties imposed by this section and the vehicle may
be removal from the Agency installation a the owner's risk and expense.
The Central Intelligence Agency assumes no responsibility for the
payment of any fees or costs related to the removal and/or storage of
the vehicle which may be charged to the owner of the vehicle by the
towing organization.
(b) The use, attempted use or possession of a fraudulent,
fabricated, copied or altered parking permit is prohibited.
(c) The blocking of entrances, driveways, sidewalks, paths, loading
platforms, or fire hydrants on an Agency installation is prohibited.
(d) This section may be supplemented or the applicability suspended
from time to time by the Director of the Center for CIA Security, or by
his or her designee, by the issuance and posting of such parking
directives as may be required, and when so issued and posted, such
directives shall the same force and effects as if made a part thereof.
(e) Proof that a vehicle was parked in violation of the regulations
of this section or directives may be taken as prima facie evidence that
the registered owner was responsible for the violation.
Sec. 1903.6 Admission on to an Agency Installation.
(a) Access on to any Agency installation shall be controlled and
restricted to ensure the orderly and secure conduct of Agency business.
Admission on to an Agency installation or into a restricted area on an
Agency installation shall be limited to Agency employees and other
persons with proper authorization.
(b) All persons entering on to or when on an Agency installation
shall, when required and/or requested, produce and display proper
identification to authorized persons.
(c) All personal property, including but not limited to any
packages, briefcases, other containers or vehicles brought on to, on,
or being removed from an Agency installation are subject to inspection
and search by authorized persons.
(d) A full search of a person may accompany an investigative stop
or an arrest.
(e) Persons entering on to an Agency installation or into a
restricted area who refuse to permit an inspection and search will be
denied further entry and will be ordered to leave the Agency
installation or restricted area pursuant to Sec. 1903.7(a) of this
part.
(f) All persons entering on to or when on any Agency installation
shall comply with all official signs of a prohibitory, regulatory, or
directory nature at all times while on the Agency installation.
(g) All persons entering on to or when on any Agency installation
shall comply with the instructions or directions of authorized persons.
Sec. 1903.7 Trespassing.
(a) Entering, or remaining on any Agency installation without
proper authorization is prohibited. Failure to obey an order to leave
given under this section by an authorized person, or reentry or
attempted reentry onto the Agency installation after being ordered to
leave or after being instructed not to reenter by an authorized person
under this section is also prohibited.
(b) Any person who violates the provisions of this part may be
ordered to leave the Agency installation by an authorized person. A
violator's reentry may also be prohibited.
Sec. 1903.8 Interfering with Agency functions.
The following are prohibited:
(a) Interference. Threatening, resisting, intimidating, or
intentionally interfering with a government employee or agent engaged
in an official duty, or on account of the performance of an official
duty.
(b) Violation of a lawful order. Violating the lawful order of an
authorized person to maintain order and control, public access and
movement during fire fighting operations, law enforcement actions, and
emergency operations that involve a threat to public safety or
government resources, or other activities where the control of public
movement and activities is necessary to maintain order and public
health or safety.
(c) False information. Knowingly giving false information:
(1) To an authorized person investigating an accident or violation
of law or regulation; or
(2) On an application for a permit.
(d) False report. Knowingly giving a false report for the purpose
of misleading an authorized person in the conduct of official duties,
or making a false report that causes a response by the government to a
fictitious event.
Sec. 1903.9 Explosives.
(a) Using, possessing, storing, or transporting explosives,
blasting agents,
[[Page 44788]]
ammunition or explosive materials is prohibited on any Agency
installation, except as authorized by the Director of the Center for
CIA Security. When permitted, the use, possession, storage, and
transportation shall be in accordance with applicable Federal and State
laws, and shall also be in accordance with applicable Central
Intelligence Agency rules and/or regulations.
(b) Using, possessing, storing, or transporting items intended to
be used to fabricate an explosive or incendiary device, either openly
or concealed, except for official purposes is prohibited.
Sec. 1903.10 Weapons.
(a) Except as provided in paragraph (c) of this section, knowingly
possessing or causing to be present a weapon on an Agency installation,
or attempting to do so is prohibited.
(b) Knowingly possessing or causing to be present a weapon on an
Agency installation, incident to hunting or other lawful purposes is
prohibited.
(c) This section does not apply--
(1) Where Title 18 U.S.C. 930 applies;
(2) To any person who has received authorization from the Director
of the Center for CIA Security, or from his or her designee to possess,
carry, transport, or use a weapon in support of the Agency's mission or
for other lawful purposes as determined by the Director of the Center
for CIA Security;
(3) To the lawful performance of official duties by an officer,
agent, or employee of the United States, a State, or a political
subdivision thereof, who is authorized by law to engage in or supervise
the prevention, detection, investigation, or prosecution of any
violation of law; or
(4) To the possession of a weapon by a Federal official or a member
of the Armed Forces if such possession is authorized by law.
Sec. 1903.11 Restrictions on photographic, transmitting, and recording
equipment.
(a) Except as otherwise authorized under this section, the
following are prohibited on Agency installations:
(1) Possessing a camera, other visual or audio recording devices,
or electronic transmitting equipment of any kind.
(2) Carrying a camera, other visual or audio recording devices, or
electronic transmitting equipment of any kind.
(3) Using a camera, other visual or audio recording devices, or
electronic transmitting equipment of any kind.
(b) This section does not apply to any person using, possessing or
storing a government or privately owned cellular telephone or pager
while on any Agency installation. The Central Intelligence Agency may
regulate or otherwise administratively control cellular telephones and
pagers outside the provisions of this part.
(c) This section does not apply to any officer, agent, or employee
of the United States, a State, or a political subdivision thereof, who
may enter on to an Agency installation to engage in or supervise the
prevention, detection, investigation, or prosecution of any violation
of law.
(d) This section does not apply to any person who has received
approval from the Director of the Center for CIA Security, or from his
or her designee to carry, transport, or use a camera, other visual or
audio recording devices, or electronic transmitting equipment while on
an Agency installation.
Sec. 1903.12 Alcohol beverages and controlled substance.
(a) Alcoholic beverages. The possession, transportation of
alcoholic beverages in closed containers and their consumption on an
Agency installation will be administratively controlled by the Agency
outside the provisions of this part.
(b) Controlled substances. The following are prohibited on an
Agency installation:
(1) The delivery of a controlled substance, except when
distribution is made by a licensed physician or pharmacist in
accordance with applicable Federal or State law, or as otherwise
permitted by Federal or State law. For the purpose of this paragraph,
delivery means the actual, attempt, or constructive transfer of a
controlled substance.
(2) The possession of a controlled substance, unless such substance
was obtained by the possessor directly from, or pursuant to a valid
prescription or ordered by, a licensed physician or pharmacist, or as
otherwise allowed by Federal or State law.
Sec. 1903.13 Intoxicated on an Agency Installation.
Presence on an Agency installation when under the influence of
alcohol, a drug, or a controlled substance or a combination thereof to
a degree that interferes with, impedes or hinders the performance of
the official duties of any government employee, or damages government
or personal property is prohibited.
Sec. 1903.14 Disorderly conduct.
A person commits disorderly conduct when, with intent to cause
public alarm, nuisance, jeopardy, or violence, or knowingly or
recklessly creating a risk thereof, such person commits any of the
following prohibited acts:
(a) Engages in fighting or threatening, or in violent behavior.
(b) Acts in a manner that is physically threatening or menacing, or
acts in a manner that is likely to inflict injury or incite an
immediate breach of peace.
(c) Makes noises that are unreasonable considering the nature and
purpose of the actor's conduct, location, time of day or night, and
other factors that would govern the conduct of a reasonable prudent
person under the circumstances.
(d) Uses obscene language, an utterance, or gesture, or engages in
a display or act that is obscene.
(e) Impedes or threatens the security of persons or property, or
disrupts the performance of official duties by employees, officers,
contractors or visitors on an Agency installation or obstructs the use
of areas on an Agency installation such as entrances, foyers, lobbies,
corridors, concourses, offices, elevators, stairways, roadways,
driveways, walkways, or parking lots.
Sec. 1903.15 Preservation of Property.
The following are prohibited:
(a) Property Damage. Destroying or damaging private property.
(b) Theft. The theft of private property, except where Title 18
U.S.C. 661 applies.
(c) Creation of hazard. The creation of hazard to persons or
things, the throwing of articles of any kind from or at buildings,
vehicles, or persons while on an Agency installation.
(d) Improper disposal. The improper disposal of trash or rubbish
while on an Agency installation.
Sec. 1903.16 Restriction on animals.
Animals, except for those animals used for the assistance of
persons with disabilities, or animals under the charge and control of
the Central Intelligence Agency, shall not be brought onto an Agency
installation for other than official purposes.
Sec. 1903.17 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 any Agency installation is prohibited. This
does not apply to:
(a) National or local drives for funds for welfare, health, or
other purposes as authorized by Title 5 CFR parts 110 and 950 as
amended and sponsored or approved by the Director of Central
Intelligence, or by his or her designee.
(b) Personal notices posted on authorized bulletin boards and in
compliance with Central Intelligence
[[Page 44789]]
Agency rules governing the use of such authorized bulletin boards
advertising to sell or rent property of Central Intelligence Agency
employees or their immediate families.
Sec. 1903.18 Distribution of materials.
Distributing, posting, or affixing materials, such as pamphlets,
handbills, or flyers, on any Agency installation is prohibited except
as authorized by Sec. 1903.17(b), or by other authorization from the
Director of the Center for CIA Security, or from his or her designee.
Sec. 1903.19 Gambling.
Gambling in any form, or the operation of gambling devices, 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 authorized by the provisions of
the Randolph-Sheppard Act (Title 20 U.S.C. 107 et seq.).
Sec. 1903.20 Penalties and effects on other laws.
(a) Whoever shall be found guilty of violating any rule or
regulation enumerated in this part is subject to the penalties imposed
by Federal law for the commission of a Class B misdemeanor offense.
(b) Nothing in this part shall be construed to abrogate or
supersede any other Federal law or any non-conflicting State or local
law, ordinance or regulation applicable to any location where the
Agency installation is situated.
Dated: August 7, 1998.
Richard D. Calder,
Deputy Director for Administration.
[FR Doc. 98-22354 Filed 8-20-98; 8:45 am]
BILLING CODE 6310-02-M
