[Federal Register Volume 90, Number 109 (Monday, June 9, 2025)]
[Rules and Regulations]
[Pages 24217-24222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10223]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 90, No. 109 / Monday, June 9, 2025 / Rules
and Regulations
[[Page 24217]]
DEPARTMENT OF HOMELAND SECURITY
6 CFR Part 139
[Docket ID No. DHS-2024-0033]
RIN 1601-AB17
Protection of Federal Property
AGENCY: Department of Homeland Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) adopts this
regulation to govern the protection of Federal property. DHS developed
this regulation in consultation with the U.S. General Services
Administration (GSA). Consistent with DHS' statutory authority, these
regulations provide charging options for violations occurring on and
adjacent to Federal property, update prohibited conduct to incorporate
advancing technology, provide clearer public notice, and apply the
regulations more uniformly to property owned, operated or secured by
the Federal Government. This final rule makes no substantive changes
from the proposed rule that was published in the Federal Register on
January 15, 2025.
DATES: This rule is effective as of January 1, 2026.
FOR FURTHER INFORMATION CONTACT: John Havranek, Principal Deputy
General Counsel, Office of the General Counsel, 202-447-0800,
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Conclusion
III. Statutory and Regulatory Requirements
I. Background
The Homeland Security Act of 2002, Public Law 107-296, 116 Stat
2135 (Nov. 25, 2002) (the Act), expressly transfers the authority for
law enforcement and related security functions for Federal properties
from the GSA to the Secretary of DHS and requires the Secretary to
``protect the buildings, grounds, and property that are owned,
occupied, or secured by the Federal Government (including any agency,
instrumentality, or wholly owned or mixed-ownership corporation
thereof) and the persons on the property.'' 40 U.S.C. 1315(a). The Act
further authorizes the Secretary to designate officers and agents ``for
duty in connection with the protection of property owned or occupied by
the Federal Government and persons on the property, including duty in
areas outside the property to the extent necessary to protect the
property and persons on the property.'' 40 U.S.C. 1315(b)(1). Thus, in
addition to moving the protective mission into DHS, the statute further
expanded DHS's protective coverage to include duties in areas outside
Federal property to the extent necessary to protect Federal property
and persons thereon, as well as authorizing off-property investigations
related to the protection of Federal property and the individuals on
that property. 40 U.S.C. 1315(b)(2)(E).\1\
---------------------------------------------------------------------------
\1\ See 40 U.S.C. 318 (2000) (authorizing appointment of special
policeman for GSA in connection with the policing of Federal
property with authority as sheriffs and constables upon that
property.)
---------------------------------------------------------------------------
In furtherance of the Secretary's responsibilities under the Act,
and in consultation with the Administrator of GSA, on January 15, 2025,
DHS published the proposed rule for the protection of Federal property
in the Federal Register (90 FR 4398) (January 1, 2025).\2\ No
substantive comments were received during the 60-day public comment
period.\3\
---------------------------------------------------------------------------
\2\ 40 U.S.C. 1315(c)(1).
\3\ DHS received one out-of-scope written submission during the
comment period, available at: https://www.regulations.gov/document/DHS-2024-0033-0001/comment.
---------------------------------------------------------------------------
The proposed rule better executes the Secretary's statutory mission
as described above and executed by the Federal Protective Service
(FPS), by creating new DHS regulations that conform with the
Secretary's statutory authority at 40 U.S.C. 1315. Specifically, the
proposed regulations promulgate criminal regulations consistent with
the Secretary's statutory authority; expand charging options to cover
GSA and non-GSA property, promote charging consistency in both GSA and
non-GSA Federal facilities protected by DHS; modernize the personal
conduct regulations to address technological advances and changing
threat environment, provide clearer guidance and notice of prohibited
conduct to the public; and permit the charging of regulatory violations
occurring near or adjacent to Federal property.
Prior to the proposed rule, DHS relied upon the criminal
regulations governing personal conduct on Federal property found in 41
CFR part 102-74, subpart C, of the Federal Management Regulation (FMR).
The current FMR, however, is only applicable to GSA-property (not all
property protected by FPS) and applies only when the conduct is
committed on the property itself and not adjacent thereto. Accordingly,
the FMR are not as comprehensive and do not fully conform to the
Secretary's authority under 40 U.S.C. 1315 to protect Federal property
falling within DHS's jurisdiction. The proposed rule closes these
enforcement gaps. Informed by lessons learned from terrorist attacks
and other criminal misconduct, and based off 41 CFR part 102-74,
subpart C, the proposed rule addresses the day-to-day criminal activity
encountered by DHS on Federal property and provides FPS officials a
more current, flexible, and consistent law enforcement tool.
The proposed rule provided for 60-days of public comment, and no
substantive comments were received during the 60-day public comment
period.\4\ Additional explanation about the proposed rule changes can
be found in the preamble at 90 FR 4398, 4401-4413. DHS maintains the
same rationale from the proposed rule and applies such reasoning to
this final rule.
---------------------------------------------------------------------------
\4\ DHS received one out-of-scope written submission during the
comment period, available at: https://www.regulations.gov/document/DHS-2024-0033-0001/comment.
---------------------------------------------------------------------------
II. Final Rule
DHS is adopting as final the proposed rule, published in the
Federal Register (90 FR 4398) on January 15, 2025, without substantive
changes.
DHS makes a minor change to the ``service animal'' definition and
prohibition of ``animals'' section to make clear the definition aligns
with DOJ's Nondiscrimination on the Basis of Disability in State and
Local Government Services regulations by adding cross-references to 28
CFR part 35. In addition, for consistency with the
[[Page 24218]]
Administration's priority to facilitate the smooth administration of
operations on Federal properties, DHS at this time is not finalizing
the proposed exception to solicitation in Sec. 139.55(b)(3) and
corresponding definition in Sec. 139.15.
III. Statutory and Regulatory Requirements
Given that DHS is making no changes at the final rule stage and
received no substantive comments, DHS maintains the same findings in
``Section V. Regulatory Analyses'' from the proposed rule and applies
such findings to this final rule.
Since publication of the proposed rule, new Executive Order (E.O.)
14192 (Unleashing Prosperity Through Deregulation) directs agencies to
significantly reduce the private expenditures required to comply with
Federal regulations and provides that ``for each new regulation issued,
at least 10 prior regulations be identified for elimination. This
practice is to ensure that the cost of planned regulations is
responsibly managed and controlled through a rigorous regulatory
budgeting process.'' \5\
---------------------------------------------------------------------------
\5\ 90 FR 9065 (Feb. 6, 2025).
---------------------------------------------------------------------------
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of E.O.
12866. Accordingly, it is not an E.O. 14192 regulatory action and OMB
has not reviewed it.
List of Subjects in 6 CFR Part 139
Aircraft, Alcohol and alcoholic beverages, Animals, Buildings and
facilities, Civil disorders, Crime, Explosives, Federal buildings and
facilities, Firearms, Gambling, Government employees, Government
property, Government property management, Homeland security, Law
enforcement, Law enforcement officers, Penalties, Public buildings,
Safety, Security measures, Terrorism, Tobacco, Unmanned aircraft.
0
For the reasons set forth in the preamble, DHS adds part 139, under the
authority of 40 U.S.C. 1315(c), to chapter I of title 6 of the Code of
Federal Regulations to read as follows:
PART 139--CONDUCT ON FEDERAL PROPERTY
Subpart A--General
Sec.
139.1 Purpose.
139.5 Scope, applicability, and agency cooperation.
139.10 Assessments for protective services.
139.15 Definitions.
Subpart B--Personal Conduct Affecting Federal Property
139.20 Admissions and inspections related to Federal property.
139.25 Preservation of Federal property.
139.30 Conformance with signs and directions.
139.35 Prohibited conduct.
139.40 Gambling.
139.45 Narcotics, other drugs, and drug paraphernalia.
139.50 Alcoholic beverages.
139.55 Soliciting, vending, and debt collection.
139.60 Posting and distributing materials.
139.65 Photography and recording.
139.70 Vehicle operation and removal.
139.75 Firearms, dangerous weapons, and explosives.
139.80 Animals.
139.85 Penalties.
Authority: 6 U.S.C. 203(3) and 232(a); 40 U.S.C. 586(c) and
1315.
PART 139--CONDUCT ON FEDERAL PROPERTY
Subpart A--General
Sec. 139.1 Purpose.
The regulations in this part provide for the protection and
administration of the buildings, grounds, and property or portions
thereof that are owned, occupied, or secured by the Federal Government
(including any agency, instrumentality, or wholly owned or mixed-
ownership corporation thereof) and the persons on the property.
Sec. 139.5 Scope, applicability, and agency cooperation.
(a) Scope. This part applies to all Federal property under the
protection responsibility of the Secretary of Homeland Security and all
persons on such property, as well as areas outside such Federal
property to the extent necessary to protect the property and persons on
the property.
(b) Applicability. This part shall not be construed to nullify any
other Federal, state, or local laws or regulations applicable to any
area in which Federal property is situated; preclude or limit the
authority of any Federal law enforcement agency; or restrict the
authority of the Administrator of General Services or other Federal
Government entity to promulgate regulations affecting property under
its jurisdiction, custody, or control.
(c) Cooperation. Federal tenants must cooperate to the fullest
extent possible with all applicable provisions set out in this part;
promptly report all crimes and suspicious circumstances occurring on
Federal property first to the Federal Protective Service MegaCenter at
1-877-4FPS-411, and, as appropriate, the local responding law
enforcement authority; provide training to employees regarding
protection and responses to emergency situations; and make
recommendations for improving the effectiveness of protection on
Federal property.
(d) Notice. The Facility Security Committee or highest-ranking
official of the sole Federal agency occupant or a designee must ensure
a notice is posted in a conspicuous place at each Federal facility
under the protection responsibility of the Secretary of Homeland
Security. The posted notice:
(1) Shall be 11 inches by 14 inches;
(2) Shall describe the rules and regulations governing personal
conduct contained in this part; and
(3) Shall be prescribed in accordance with directions provided by
the Department of Homeland Security (DHS) and found on its website at:
https://www.dhs.gov/fps-visitors.
(e) Effective date. The regulations in this part are effective
January 1, 2026.
Sec. 139.10 Assessments for protective services.
The Secretary of Homeland Security is authorized to charge Federal
agencies under the Secretary's protection responsibility for security
services provided by the Federal Protective Service.
Sec. 139.15 Definitions.
For purposes of this part--
Aircraft means any contrivance invented, used, or designed to
navigate, or fly in, the air.
Audio recording means the use of any microphone, device, material,
or equipment to capture a sound, including any tape recorder, digital
recorder, or other recording device.
Building means an enclosed structure (above or below grade).
Building manager/property manager/facility manager means the
individual employed by or through contract with a Federal agency that
has real property management and operations authority.
Camping means the use of Federal property for living accommodation
purposes. The following activities constitute camping when it
reasonably appears, based on the totality of the circumstances, that
the participant, in conducting these activities, is in fact using the
area as a living accommodation: sleeping or preparing to sleep,
including the laying down of bedding for the purpose of sleeping;
storing personal belongings; making any fire; using a tent, shelter,
other structure, or vehicle for sleeping; doing any digging or earth
breaking; or carrying on cooking activities.
[[Page 24219]]
Commercial purpose means to undertake an activity with the
objective of furthering, promoting, or selling a good or service
regardless of whether the activity is intended to produce a profit.
Crime of violence means any offense that has as an element the use,
attempted use, or threatened use of physical force against the person
or property of another.
Damaging means injuring, mutilating, defacing, destroying, or
impairing the use of any property owned, occupied, or secured by the
Federal Government without the consent of the Federal Government.
Dangerous weapon means 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, except that a
pocketknife with a blade of less than two and a half inches in length
is not a dangerous weapon.
Designated Official is the highest-ranking official of the primary
Federal occupant agency of a Federal facility, or, alternatively, a
designee selected by agreement of Federal occupant agency officials.
Emergency means a situation that causes or has the potential to
cause imminent danger to life or property, including, but not limited
to, terrorist attacks, bombings and bomb threats, shootings, civil
disturbances, fires, explosions, electrical failures, loss of water
pressure or other critical infrastructure failures, chemical and gas
leaks, medical emergencies, natural disasters, or other threats to
public safety and security.
Facility Security Committee means a group of representatives from
Federal tenants in the facility responsible for addressing facility-
specific security issues and approving the implementation of security
measures and practices. The Facility Security Committee (FSC) consists
of representatives of all Federal tenants in the facility, the Federal
Protective Service or the Government agency or internal agency
component responsible for physical security for the specific facility,
and the owning or leasing department or agency with jurisdiction,
custody, or control over the property. In the case of new construction
or pending lease actions, the FSC will also include the project team
and the planned tenant(s).
Federal facility means a federally owned or leased building,
structure, or the land it resides on, in whole or in part, that is
regularly occupied by Federal employees or Federal contractor workers
for nonmilitary activities. The term ``Federal facility'' also means
any building or structure acquired by a contractor through ownership or
leasehold interest, in whole or in part, solely for the purpose of
executing a nonmilitary Federal mission or function under the direction
of an agency. The term ``Federal facility'' does not include public
domain land, including improvements thereon; withdrawn lands; or
buildings or facilities outside of the United States.
Federal Government means the United States Government, including
any agency, instrumentality, or wholly owned or mixed-ownership
corporation thereof.
Federal grounds mean all parts outside a Federal facility (e.g.,
lands, walkways, and roadways) that are owned, occupied, or secured by
the Federal Government.
Federal property means any facility, grounds, or other property, to
include vehicles, equipment, and any movable article, that is owned,
occupied, or secured by the Federal Government and under the protection
responsibility of the Secretary of Homeland Security.
Federal tenant means a Federal department or agency that occupies
space and pays rent on space in any Federal facility under the
protection responsibility of the Secretary of Homeland Security.
Gambling per se means a game of chance where the participant risks
something of value for the chance to gain or win a prize.
Image recording means use of any camera, device, material, or
equipment to capture an image, including any photograph, sketch,
picture, drawing, map, or graphical representation.
Littering means discarding wastepaper, cans, bottles, or other
refuse or rubbish on the ground or in any other area not designated for
disposal.
Nuisance means a condition, activity, or situation, to include a
loud noise or foul odor, that interferes with the use or enjoyment of
Federal property.
Open container means a bottle, can, or any other receptacle
containing an alcoholic beverage that is open, has a broken seal, or
from which the contents are partially removed.
Personal property means any article or item, including but not
limited to outer clothing, purses, backpacks, briefcases, suitcases,
packages, and other containers within the possession, custody, or
control of a person.
Personal transportation device means any method of conveyance,
whether motorized or non-motorized, including but not limited to any
personal transportation vehicle, skateboards, roller skates (including
inline skates), roller shoes, roller skis, scooters, bicycles, non-
medical use personal transporters, and similar devices or vehicles.
Protective Security Officer means a security guard employed by a
private security contractor who provides contract security services to
the Federal Protective Service (FPS) The contract security services
provided by a Protective Security Officer include, but are not limited
to, the performance of security screenings and inspections of persons,
personal property, and vehicles entering Federal property; confronting
individuals who have violated or are suspected of violating building
rules and regulations; and reporting all such security-related
information to FPS.
Public area means any part or section on Federal property that is
ordinarily open to members of the public.
Secretary means the Secretary of the Department of Homeland
Security or any person, officer, or entity within the Department to
whom the Secretary's authority under 40 U.S.C. 1315 is delegated.
Secure area means any part or section on Federal property marked by
signage where persons present themselves to enter the property and
submit to the security inspection and screening process.
Security personnel means persons authorized to ensure compliance
with this part, including FPS law enforcement officers, protective
security officers (PSO), court security officers, or other security
personnel charged by the Federal Government with security duties under
this part such as other DHS component armed security guards performing
similar duties as contract PSOs.
Service animal has the meaning given in 28 CFR 35.104. Generally,
service animal means any dog that is individually trained to do work or
perform tasks for the benefit of an individual with a disability,
including a physical, sensory, psychiatric, intellectual, or other
mental disability.
Tobacco product means any item made or derived from tobacco that is
intended for human consumption, including any component, part, or
accessory of a tobacco product (except for raw materials other than
tobacco used in manufacturing a component, part, or accessory of a
tobacco product). Tobacco product does not mean any item specifically
excluded by the Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq.
Unmanned aircraft means an aircraft that is operated without the
possibility of direct human intervention from within or on the
aircraft.
[[Page 24220]]
Unmanned aircraft system means an unmanned aircraft and associated
elements (including communication links and components that control the
unmanned aircraft) that are required for the operator to operate safely
and efficiently in the national airspace system.
Vehicle means any method of conveyance, whether motorized or non-
motorized, including but not limited to any motorcycle, automobile,
truck, tractor, bus, motorhome, agricultural machinery, construction
equipment, and other similar vehicle, even if autonomously operated.
Water area means any area where water is retained or collected such
as a fountain, basin, pool, pond, septic or sewer, reservoir, or other
manmade water feature maintained on Federal property.
Subpart B--Personal Conduct Affecting Federal Property
Sec. 139.20 Admissions and inspections related to Federal property.
When a Facility Security Committee (FSC) or the highest-ranking
official of the sole Federal agency occupant or designee requires
inspections at a Federal facility, then no person required to be
screened may enter a secure area without submitting to the screening
and inspection of that person and all accessible personal property or
vehicles. Security personnel shall conduct inspections and screening as
follows:
(a) Security personnel shall inspect any person, article of
personal property, or vehicle, when entering in or present on Federal
property, for firearms, explosives, dangerous weapons, and the
component parts thereof.
(b) Once a person, article of personal property, or vehicle enters
a secure area, the inspection process will not terminate until
completed by security personnel.
(c) Security personnel may deny admission, remove, or take other
appropriate law enforcement action with respect to any person, article
of personal property, or vehicle that fails to comply with security
procedures, delays or impairs the inspection process, or presents a
threat to either security personnel or other persons in or on Federal
property.
Sec. 139.25 Preservation of Federal property.
All persons are prohibited from the following conduct affecting
Federal property:
(a) Littering;
(b) Damaging or otherwise changing the appearance of Federal
property in any way except through authorized normal and customary use;
(c) Removing Federal property without proper authority;
(d) Creating any hazard or threat of hazard on Federal property to
persons or things;
(e) Throwing articles of any kind from or at Federal property;
(f) Climbing on any statue, fountain, or part of a Federal
facility, or any tree, shrub, or plant on Federal property; and
(g) Using, operating, parking, locking, or storing any vehicle or
personal transportation device on Federal property, except as either
required by individuals with mobility impairments, or otherwise
specifically allowed in designated areas.
Sec. 139.30 Conformance with signs and directions.
Any person on Federal property must at all times comply with
official signs of a prohibitory, regulatory, or directive nature and
with the lawful direction of security personnel.
Sec. 139.35 Prohibited conduct.
All persons are prohibited from engaging in the following conduct,
on Federal property or in areas outside Federal property, that affects,
threatens, or endangers Federal property or persons on the Federal
property--
(a) Disorderly conduct, which includes, but is not limited to,
assaulting, fighting, harassing, intimidating, threatening or other
violent behavior, lewd acts, or the inappropriate disposal of feces,
urine, and other bodily fluids.
(b) Wearing a mask, hood, disguise, or device that conceals the
identity of the wearer when attempting to avoid detection or
identification while violating any Federal, state, or local law,
ordinance, or regulation.
(c) Creating a loud or unusual noise, noxious odor, or other
nuisance.
(d) Obstructing the usual use, enjoyment, or access to Federal
property, including but not limited to use of entrances, exits,
exterior areas, plazas, courtyards, foyers, lobbies, corridors,
offices, elevators, escalators, stairways, parking areas, garages,
loading docks, and areas on Federal property designated as closed
during an emergency.
(e) Impeding or disrupting the security inspection process
administered by security personnel, the performance of official duties
by Federal employees, or the ability of the general public to obtain
services provided by the Federal Government.
(f) Threatening by any means, including but not limited to by mail,
facsimile, telephone, or electronic communications, to commit any crime
of violence.
(g) Bathing, wading, or swimming in or polluting any water area,
except where authorized by the Federal agency responsible for the
property.
(h) Camping, except in designated areas and as expressly authorized
by the Facility Security Committee, Designated Official, or Federal
agency responsible for the property.
(i) Trespassing, entering, or remaining in or upon areas of Federal
property closed to the public.
(j) Consuming a tobacco product in all interior space owned,
rented, or leased by the Federal Government, as well as all courtyards,
terraces, and plazas within 25 feet of doorways and air intake ducts
under the custody, control, or jurisdiction of the Federal Government.
(k) Causing an unmanned aircraft or system to take off or land on
Federal property without express permission from the Facility Security
Committee, Designated Official, or Federal agency responsible for the
property.
(l) Using an unmanned aircraft or system to cause interference,
damage, destruction, harm, or a hazard to Federal property or persons
on the property.
(m) Tampering with, accessing, damaging, or interfering with the
operation of a computer, digital network, industrial control system or
Supervisory Control and Data Acquisition (SCADA) system without proper
authorization.
(n) No person, except authorized security personnel or sworn law
enforcement officers, may wear, display, present, or possess any
indicia of law enforcement or security authority, to include any badge,
insignia, emblem, identification card, uniform or part of a uniform, or
any imitation thereof.
Sec. 139.40 Gambling.
(a) General rule. Any person on Federal property is prohibited
from--
(1) Participating in games for money or other personal property;
(2) Operating gambling devices;
(3) Conducting a lottery or pool; or
(4) Selling or purchasing gambling tickets.
(b) Exceptions. This section is not intended to prohibit:
(1) Vending or exchange of chances by licensed blind operators of
vending facilities for any lottery set forth in a State law and
authorized by section 2(a)(5) of the Randolph-Sheppard Act (20 U.S.C.
107 et seq.); and
(2) Prize drawings for personal property at otherwise permitted
functions on Federal property, provided that the game or drawing does
not constitute gambling per se.
[[Page 24221]]
Sec. 139.45 Narcotics, other drugs, and drug paraphernalia.
(a) Narcotics and other drugs. Except when a patient uses a
narcotic or drug as prescribed by a licensed health care provider in
accordance with Federal law, any person on Federal property is
prohibited from being under the influence of, using, possessing, or
operating a vehicle while under the influence of any controlled
substance as defined in 21 U.S.C. 802, 812, 841.
(b) Drug paraphernalia. Any person on Federal property is
prohibited from possessing drug paraphernalia as defined in 21 U.S.C.
863.
Sec. 139.50 Alcoholic beverages.
(a) General rule. Any person on Federal property is prohibited from
either consuming, or otherwise being under the influence of alcoholic
beverages, possessing an open container of alcohol, or operating a
vehicle while under the influence of alcohol.
(b) Exception. The head of the occupant agency for the designee in
the space where the alcohol is to be served may grant a written
exemption to the prohibition against the consumption of alcoholic
beverages on Federal property. A copy of any granted exemption must be
provided to the building manager and the officials responsible for the
security of the property before the event at which alcohol will be
consumed is held.
Sec. 139.55 Soliciting, vending, and debt collection.
(a) General rule. Soliciting, begging, or demanding gifts, money,
goods, or services on Federal property is prohibited, unless otherwise
provided in paragraph (b) of this section. Any person on Federal
property is specifically prohibited from:
(1) Soliciting on behalf of:
(i) Charitable organizations.
(ii) Political campaigns.
(iii) Commercial enterprises.
(2) Vending merchandise of any kind.
(3) Displaying or distributing commercial advertising.
(4) Collecting private debts, including repossession of vehicles.
(b) Exceptions. The following activities are allowed:
(1) Soliciting on behalf of charitable organizations as authorized
by 5 CFR part 950 and sponsored or approved by the occupant agency.
(2) Posting concessions or personal notices by employees on
authorized bulletin boards.
(3) Lessee, or its agents and employees, with respect to space
leased for commercial, cultural, educational, or recreational use under
40 U.S.C. 581(h). Public areas of General Services Administration
(GSA)-controlled property may be used for other activities in
accordance with 41 CFR part 102-74, subpart D.
(4) Collection of non-monetary items that are sponsored or approved
by the Federal occupant agencies.
(5) Commercial activities sponsored by recognized Federal employee
associations and on-site childcare centers.
Sec. 139.60 Posting and distributing materials.
(a) General rule. Any person on Federal property is prohibited from
the following activities:
(1) Posting or affixing materials, such as pamphlets, handbills, or
flyers on Federal property, including vehicles, bulletin boards, and
other equipment.
(2) Distributing materials, such as pamphlets, handbills or flyers,
or free samples, including samples of tobacco products.
(b) Exceptions. (1) The posting or distribution of materials is
allowed when conducted as part of an authorized Federal activity.
(2) An individual may distribute materials in public areas on
Federal property, provided the person first obtains a permit from the
building manager, as specified in 41 CFR 102-74, subpart D, and the
person does not leave behind any of the materials.
Sec. 139.65 Photography and recording.
(a) General. Any person on Federal property may not photograph or
create video, image, or audio recordings of Federal facilities and
grounds in a manner that either impedes or disrupts access to or
operations on Federal property, or is prohibited by a security
regulation, rule, order, or directive. Photography and recording on
Federal property are allowed as provided paragraph (b) of this section.
(b) Exceptions. The following activities are allowed:
(1) Any person, including persons affiliated with the media and
commercial entities, may photograph or record video, images, and audio
of publicly accessible exterior areas of Federal facilities and grounds
from public areas, including public streets, sidewalks, parks, and
plazas, when not impeding or disrupting access to or operations on the
Federal property.
(2) Any person, including persons affiliated with the media and
commercial entities, may photograph or record video, images, and audio
of publicly accessible interior areas of Federal facilities and grounds
from public areas, including public entrances, lobbies, foyers,
corridors, or auditoriums, when not impeding or disrupting access to or
operations on the Federal property.
(3) Any person, including persons affiliated with the media and
commercial entities, may only photograph or record video, images, and
audio of interior areas occupied by a Federal tenant with the express
permission of the occupying tenant. Persons must obtain written
permission in advance from the occupying tenant when photographing or
recording tenant-occupied space for a commercial purpose.
Sec. 139.70 Vehicle operation and removal.
(a) Safe operation. All vehicle operators on Federal property must:
(1) Drive/operate in a careful and safe manner at all times;
(2) Possess a valid driver's/operator's license;
(3) Comply with the lawful signals and directions of security
personnel; and
(4) Comply with traffic and safety signals and posted signs.
(b) Prohibited operations. All vehicle operators on Federal
property or in areas outside Federal property that affect, threaten, or
endanger Federal property or persons on the property, are prohibited
from:
(1) Blocking entrances, driveways, walks, loading platforms, fire
hydrants, docking areas, or other passageways; and
(2) Parking on or adjacent to Federal property in unauthorized
locations, or contrary to the direction of posted signs consistent with
41 CFR 102-74.265 through 102-74.310.
(c) Responsibility. Registered vehicle owners will be responsible
for violations of this section when the vehicle operator is not
present.
(d) Enforcement. Security personnel may stop any vehicle that is
observed operating on Federal property in violation of this section.
(e) Removal and seizure. Any vehicle used in violation of this
section may be seized, removed, immobilized, towed, stored, marked with
warning tags or notices, and booted in addition to any law enforcement
actions or citations. All expenses incurred because of any seizure,
removal, immobilization, towing, storage, marking, booting, or other
law enforcement actions will be the responsibility of the owner,
driver, operator, or other person using or operating the vehicle that
is in violation of this section.
[[Page 24222]]
Sec. 139.75 Firearms, dangerous weapons, and explosives.
(a) Any person on Federal property is prohibited from knowingly
carrying or otherwise possessing a firearm or other dangerous weapon,
as defined by 18 U.S.C. 921 and 930, whether carried or otherwise
possessed either openly or concealed, unless authorized by 18 U.S.C.
930(d).
(b) Any person on Federal property is prohibited from knowingly
carrying or otherwise possessing explosives, as defined by 18 U.S.C.
841, or items intended to be used to fabricate an explosive or
incendiary device, whether carried or otherwise possessed either openly
or concealed, except for official purposes as authorized by the
Facility Security Committee, Designated Official, FPS, or other primary
law enforcement agency responsible for the security of the Federal
property.
Sec. 139.80 Animals.
(a) General rule. All persons are prohibited from bringing animals
in or on Federal property for other than official purposes.
(b) Exception. Persons with disabilities, as defined under the
Americans with Disabilities Act of 1990, may, consistent with 28 CFR
35.136, bring a service animal or miniature horse that is trained to do
work or perform tasks for the benefit of that individual. The work or
tasks performed by a service animal must be directly related to the
individual's disability. Examples of work or tasks include, but are not
limited to, assisting individuals who are blind or have low vision with
navigation and other tasks, alerting individuals who are deaf or hard
of hearing to the presence of people or sounds, providing non-violent
protection or rescue work, pulling a wheelchair, assisting an
individual during a seizure, alerting individuals to the presence of
allergens, retrieving items such as medicine or the telephone,
providing physical support and assistance with balance and stability to
individuals with mobility disabilities, and helping persons with
psychiatric and neurological disabilities by preventing or interrupting
impulsive or destructive behaviors. The crime deterrent effects of an
animal's presence and the provision of emotional support, well-being,
comfort, or companionship do not constitute work or tasks for purposes
of the exception in this paragraph (b). Persons with disabilities may
be required to state whether the animal is a service animal required
because of a disability.
Sec. 139.85 Penalties.
A person who violates any provision of this subpart may be punished
by a fine under title 18, United States Code, imprisoned for not more
than 30 days, or both.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025-10223 Filed 6-6-25; 8:45 am]
BILLING CODE 9111-CC-P