Security Protective Force

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