[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]
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