[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20760-20763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06686]
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CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1903
Conduct on Agency Installations
AGENCY: Central Intelligence Agency.
ACTION: Final rule.
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SUMMARY: The Central Intelligence Agency (CIA) is amending its
installation security regulations to include Office of the Director of
National Intelligence (ODNI) property in the definition of Agency
installation, which reflects the Agency's authority to provide security
on ODNI installations. The CIA is also removing the exemption for
Federal officials or members of the Armed Forces from its prohibition
on carrying weapons on Agency installations, except when such persons
are either authorized by the CIA Director of Security or otherwise
authorized by law for the performance of official law enforcement
duties. This amendment also revises the definition of weapon to permit
small amounts of irritant gas on Agency installations and revises the
penalties provision to clarify that the penalty for a violation of
these regulations is up to a Class C misdemeanor.
DATES: This rule is effective April 7, 2023.
ADDRESSES: Court Liaison Officer, Office of Security, Central
Intelligence Agency, Washington, DC 20505. Please include ``Security
Rulemaking'' in the subject line of the letter.
FOR FURTHER INFORMATION CONTACT: Court Liaison Officer, (571) 280-3563.
SUPPLEMENTARY INFORMATION:
Background
Section 15 of the Central Intelligence Agency Act of 1949, as
amended (50
[[Page 20761]]
U.S.C. 3515) (CIA Act), permits the Director of the CIA to authorize
Agency personnel within the United States to perform the same functions
as officers and agents of the Department of Homeland Security (DHS), as
provided in 40 U.S.C. 1315(b)(2). In accordance with section
1315(b)(2), DHS officers and agents are authorized to enforce Federal
laws and regulations for the protection of persons and property; carry
firearms; make arrests without warrant for any offense against the
United States committed in the presence of the officer or agent or for
any felony cognizable under the laws of the United States if the
officer or agent has reasonable ground to believe that the person to be
arrested has committed or is committing a felony; serve warrants and
subpoenas issued under the authority of the United States; conduct
investigations, on and off the property in question, of offenses that
may have been committed against property owned or occupied by the
Federal Government or persons on the property; and carry out other
activities for the promotion of homeland security as the Secretary of
DHS may prescribe. In 1998, the CIA promulgated regulations in 32 CFR
part 1903 pursuant to its authority under section 15 of the CIA Act to
carry out these protective law enforcement functions.
In December 2022, Congress enacted the Intelligence Authorization
Act for Fiscal Year 2023 (IAA FY23). Section 6303 of the IAA FY23
amended section 15(a) of the CIA Act to extend the CIA's law
enforcement jurisdiction to Office of the Director of National
Intelligence (ODNI) installations.
Summary of Revisions
The final rule revises the definition of Agency installation in 32
CFR 1903.1 to include ODNI installations, which reflects the expansion
of CIA's law enforcement jurisdiction.
The final rule revises the definition of weapons in Sec. 1903.1 to
include an exemption for 2 ounces or less of irritant gas. This
amendment codifies the CIA's long-standing practice of permitting small
amounts of irritant gas, which individuals may carry for personal
protection, on Agency installations.
The final rule revises the prohibition in Sec. 1903.4(b)(1) on
driving while impaired to more closely align the language of this
prohibition with State laws on driving while impaired.
The final rule revises Sec. 1903.6(d) to codify CIA authorities
included in the consent signage, which allows both full search of the
person and any personal property, including electronic devices.
The final rule revises the weapons prohibition in Sec. 1903.10(c)
to strike two exemptions: one exemption that allows weapons on Agency
installations where 18 U.S.C. 930 applies; and another exemption that
allows the possession of a weapon on Agency installations by a Federal
official or a member of the Armed Forces if such possession is
authorized by law. With the elimination of these two exemptions, two
exemptions from the weapons prohibition remain in the regulation. One
is an exemption for any person who receives authorization from the CIA
Director of Security to possess, carry, transport, or use a weapon. The
other exemption is for any officer, agent, or employee of the United
States, a State, or a political subdivision of a State, who is engaged
in the lawful performance of official duties and is authorized by law
to engage in law enforcement.
The final rule revises Sec. 1903.15(a) and (b) to strike the
exception to the prohibition on theft where 18 U.S.C. 661 applies,
because this exemption is unnecessary, and to clarify that destruction
and theft of Government property is prohibited.
This final rule revises Sec. 1903.20(a) to strike the provision
that allows the imposition of penalties up to a Class B misdemeanor and
replace it with a provision that allows penalties as permitted by 50
U.S.C. 3515(b). This revision is necessary because 50 U.S.C. 3515(b)
provides that penalties shall not exceed those specified in 40 U.S.C.
1315(c)(2), which limits penalties to Class C, not Class B,
misdemeanors.
The final rule also makes several minor editorial revisions,
including revising terms in Sec. 1903.1 to align with the terms used
in Title 18 of the United States Code, updating officers' titles, and
correcting typographical errors.
Executive Orders 12866 and 13563
The final rule was drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, and Executive
Order 13563, Improving Regulation and Regulatory Review. The final rule
does not constitute a significant regulatory action under section 3(f)
of Executive Order 12866; therefore, it is not subject to mandatory
prior review by the Office of Management and Budget Office of
Information and Regulatory Affairs (OMB/OIRA) under section 6 of
Executive Order 12866.
Executive Order 12988
The final rule meets the applicable standards in section 3 of
Executive Order 12988, Civil Justice Reform.
Executive Order 13132
The final rule will not have substantial direct effects on the
States, on the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and therefore the final rule does not
have federalism implications. Therefore, the requirements of sections
2, 3, and 8 of Executive Order 13132, Federalism, do not apply to the
final rule.
Paperwork Reduction Act of 1995
The final rule does not involve an information collection.
Therefore, the review and OMB clearance requirements of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3506 and 3507, do not apply.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b),
CIA has reviewed the final rule and certifies that it will not have a
significant economic impact on a substantial number of small entities,
and thus no regulatory flexibility analysis is required. These
regulations pertain to conduct on Agency installations and do not
impose any new requirements on small entities.
Unfunded Mandates Reform Act of 1995
The final rule will not result in the expenditure by State, local,
and tribal governments, in the aggregate, or by the private sector, of
the inflation-adjusted statutory threshold of $165 million or more in
any one year, and it will not significantly or uniquely affect small
governments. Therefore, no actions are necessary under the provisions
of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532(a) and
1533(a).
Small Business Regulatory Enforcement Fairness Act of 1996
The final rule will not result in an annual effect on the economy
of $100 million or more, a major increase in costs or prices, or
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets. Therefore, it does not constitute a major rule as
defined by the Small Business Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 601.
Administrative Procedure Act
The rule concerns the management of public property and is issued
as a final rule in accordance with 5 U.S.C. 553(a)(2).
[[Page 20762]]
List of Subjects in 32 CFR Part 1903
Crime, Defense, Federal buildings and facilities, Government
buildings, Government property, Law enforcement, Motor vehicles,
Security measures.
For the reasons stated in the preamble, the Central Intelligence
Agency amends 32 CFR part 1903 as set forth below:
PART 1903--CONDUCT ON AGENCY INSTALLATIONS
0
1. Revise the authority citation for part 1903 to read as follows:
Authority: 50 U.S.C. 3515.
0
2. In Sec. 1903.1:
0
a. Revise the definitions of ``Agency installation'' and ``Authorized
person'';
0
b. Remove the definitions ``Blasting agents'' and ``Explosives/
Explosive Materials'' and add the definitions ``Blasting agent'' and
``Explosive materials'' in their places, respectively; and
0
c. Revise the definition of ``Weapons''.
The revisions and additions read as follows:
Sec. 1903.1 Definitions.
* * * * *
Agency installation. For the purposes of this part, the term Agency
installation means property owned, leased, or controlled by the Central
Intelligence Agency, property controlled and occupied by the Federal
Highway Administration located immediately adjacent to the CIA
Headquarters Compound, and property owned, leased, or controlled by the
Office of the Director of National Intelligence.
Authorized person. An officer of the Security Protective Service,
or any other Central Intelligence Agency employee who has been
authorized by the Director of the Central Intelligence Agency pursuant
to section 15 of the Central Intelligence Agency Act of 1949 to enforce
the provisions of this part.
Blasting agent. The term is defined for the purposes of this part
as it is defined in 18 U.S.C. 841.
* * * * *
Explosive materials. The term is defined for the purposes of this
part as it is defined in 18 U.S.C. 841.
* * * * *
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 or 2 ounces or less of irritant gas.
0
3. In Sec. 1903.2, revise the third sentence to read as follows:
Sec. 1903.2 Applicability.
* * * The Director of the Central Intelligence Agency, or his or
her designee, 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. * * *
0
4. In Sec. 1903.4, revise paragraph (b)(1) and (2) to read as follows:
Sec. 1903.4 Vehicles and traffic safety.
* * * * *
(b) * * *
(1) Prohibited conduct. Operating or being in actual physical
control of a vehicle is prohibited:
(i) While under the influence of alcohol;
(ii) While under the influence of any narcotic drug or any other
self-administered intoxicant or drug of whatsoever nature, or any
combination of such drugs, to a degree that impairs one's ability to
drive or operate any motor vehicle;
(iii) While under the combined influence of alcohol and any drugs
or drugs to a degree that impairs one's ability drive or operate any
motor vehicle; or
(iv) While 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) Applicability. The provisions of 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.
* * * * *
0
5. Revise Sec. 1903.5 to read as follows:
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 removed from the Agency installation at the owner's risk and
expense.
(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 CIA Director of 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 have
the same force and effects as if made a part thereof.
(e) Long term parking (parking in excess of 72 hours) is permitted
only in designated areas and with express approval consistent with CIA
internal guidance.
(f) 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.
(g) Any violation of this section may result in relocation of the
vehicle or removal of the vehicle from the Agency installation at 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 or storage of the vehicle, which may be charged to the owner of
the vehicle by the towing organization.
0
6. In Sec. 1903.6, revise paragraphs (c) and (d) to read as follows:
Sec. 1903.6 Admission on to an Agency installation.
* * * * *
(c) All personal property, including but not limited to any
packages, briefcases, electronic devices, 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 or any personal property, to include
electronic devices, may accompany an investigative stop or an arrest.
* * * * *
0
7. In Sec. 1903.9, revise paragraph (a) to read as follows:
[[Page 20763]]
Sec. 1903.9 Explosives.
(a) Using, possessing, storing, or transporting explosives,
blasting agents, ammunition or explosive materials is prohibited on any
Agency installation, except as authorized by the CIA Director of
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 regulations in this chapter.
* * * * *
0
8. In Sec. 1903.10, revise paragraph (c) to read as follows:
Sec. 1903.10 Weapons.
* * * * *
(c) This section does not apply:
(1) To any person who has received authorization from the CIA
Director of 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 CIA Director of Security; or
(2) 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.
0
9. In Sec. 1903.11, revise paragraph (d) to read as follows:
Sec. 1903.11 Restrictions on photographic, transmitting, and
recording equipment.
* * * * *
(d) This section does not apply to any person who has received
approval from the CIA Director of 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.
0
10. In Sec. 1903.12, revise paragraphs (a) and (b)(2) to read as
follows:
Sec. 1903.12 Alcoholic beverages and controlled substances.
(a) Alcoholic beverages. The possession or 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)* * *
(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.
0
11. In Sec. 1903.13, revise the section heading to read as follows:
Sec. 1903.13 Under the influence while on an Agency installation.
* * * * *
0
12. In Sec. 1903.15, revise paragraphs (a) and (b) to read as follows:
Sec. 1903.15 Preservation of property.
* * * * *
(a) Property damage. Destroying or damaging private or Government
property.
(b) Theft. The theft of private or Government property.
* * * * *
0
13. In Sec. 1903.17, revise paragraphs (a) and (b) to read as follows:
Sec. 1903.17 Soliciting, vending, and debt collection.
* * * * *
(a) National or local drives for funds for welfare, health, or
other purposes as authorized by 5 CFR parts 110 and 950 and sponsored
or approved by the Director of the Central Intelligence Agency, or by
his or her designee.
(b) Personal notices posted on authorized bulletin boards and in
compliance with Central Intelligence Agency internal guidance governing
the use of such authorized bulletin boards advertising to sell or rent
property of Central Intelligence Agency employees, their immediate
families, or other persons with proper authorization.
0
14. Revise Sec. 1903.18 to read as follows:
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
CIA Director of Security, or from his or her designee.
0
15. In Sec. 1903.20, revise paragraph (a) to read as follows:
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
permitted by 50 U.S.C. 3515(b).
* * * * *
Dated: March 27, 2023.
Beverly D. Kennedy,
Associate Deputy Director of CIA for Support, Management, Central
Intelligence Agency.
[FR Doc. 2023-06686 Filed 4-6-23; 8:45 am]
BILLING CODE 6310-02-P