[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