20 May 2006
Source: http://www.gpoaccess.gov/cfr/index.html
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[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR1903]
[Page 427-433]
TITLE 32-NATIONAL DEFENSE
CHAPTER XIX--CENTRAL INTELLIGENCE AGENCY
PART 1903--CONDUCT ON AGENCY INSTALLATIONS--Table of Contents
Sec.
1903.1 Definitions.
1903.2 Applicability.
1903.3 State law applicable.
1903.4 Vehicles and traffic safety.
1903.5 Enforcement of parking regulations.
1903.6 Admission on to an Agency installation.
1903.7 Trespassing.
1903.8 Interfering with Agency functions.
1903.9 Explosives.
1903.10 Weapons.
1903.11 Restrictions on photographic, transmitting, and recording
equipment.
1903.12 Alcoholic beverages and controlled substances.
[[Page 428]]
1903.13 Intoxicated on an Agency installation.
1903.14 Disorderly conduct.
1903.15 Preservation of property.
1903.16 Restrictions on animals.
1903.17 Soliciting, vending, and debt collection.
1903.18 Distribution of materials.
1903.19 Gambling.
1903.20 Penalties and effects on other laws.
Authority: 50 U.S.C. 403o.
Source: 63 FR 44786, Aug. 21, 1998, unless otherwise noted.
Sec. 1903.1 Definitions.
As used in this part:
Agency installation. For the purposes of this part, the term Agency
installation means the property within the Agency Headquarters Compound
and the property controlled and occupied by the Federal Highway
Administration located immediately adjacent to such Compound, and
property within any other Agency installation and protected property
(i.e., property owned, leased, or otherwise controlled by the Central
Intelligence Agency).
Authorized person. An officer of the Security Protective Service, or
any other Central Intelligence Agency employee who has been authorized
by the Director of Central Intelligence pursuant to section 15 of the
Central Intelligence Agency Act of 1949 to enforce the provisions of
this part.
Blasting agents. The term is defined for the purposes of this part
as it is defined in Title 18 U.S.C. 841.
Controlled Substance. Any drug or other substance, or immediate
precursor that has been defined as a controlled substance in the
Controlled Substances Act (Title 21 U.S.C. 801 et seq.).
Explosives/Explosive Materials. The term is defined for the purposes
of this part as it is defined in Title 18 U.S.C. 841.
Operator. A person who operates, drives, controls, or otherwise has
charge of, or is in actual physical control of a mechanical mode of
transportation or any other mechanical equipment.
Permit. A written authorization to engage in uses or activities that
are otherwise prohibited, restricted, or regulated.
Possession. Exercising direct physical control or dominion, with or
without ownership, over the property.
State law. The applicable and non-conflicting laws, statutes,
regulations, ordinances, and codes of the State(s) and other political
subdivision(s) within whose exterior boundaries an Agency installation
or a portion thereof is located.
Traffic. Pedestrians, ridden or herded animals, vehicles, and other
conveyances, either singly or together, while using any road, path,
street, or other thoroughfare for the purpose of travel.
Vehicles. Any vehicle that is self-propelled or designed for self-
propulsion, any motorized vehicle, and any vehicle drawn by or designed
to be drawn by a motor vehicle, including any device in, upon, or by
which any person or property is or can be transported or drawn upon a
roadway, highway, hallway, or pathway; to include any device moved by
human or animal power. Whether required to be licensed in any State or
otherwise.
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.
Sec. 1903.2 Applicability.
The provisions of this part apply to all Agency installations, and
to all persons entering on to or when on an Agency installation. They
supplement the provisions of Title 18, United States Code, relating to
crimes and
[[Page 429]]
criminal procedures, and those provisions of State law that are federal
criminal offenses by virtue of the Assimilative Crimes Act, 18 U.S.C.
13. The Director of Central Intelligence, at his discretion, 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. Where necessary and when consistent with national security
requirements notices will be posted on the affected Agency installation
to indicate that the applicability of this part or a portion thereof has
been suspended.
Sec. 1903.3 State law applicable.
(a) Unless specifically addressed by the regulations in this part,
traffic safety and the permissible use and operation of vehicles within
an Agency installation are governed by State law. State law that is now
or may later be in effect is adopted and made a part of the regulations
in this part.
(b) Violating a provision of State law is prohibited.
Sec. 1903.4 Vehicles and traffic safety.
(a) Open container of alcoholic beverage. (1) Each person within the
vehicle is responsible for complying with the provisions of this section
that pertain to carrying an open container. The operator of the vehicle
is the person responsible for complying with the provisions of this
section that pertain to the storage of an open container.
(2) Carrying or storing a bottle, can, or other receptacle
containing an alcoholic beverage that is open or has been opened, or
whose seal is broken, or the contents of which have been partially
removed, within a vehicle on an Agency installation is prohibited.
(3) This section does not apply to:
(i) An open container stored in the trunk of a vehicle or, if a
vehicle is not equipped with a trunk, to an open container stored in
some other portion of the vehicle designated for the storage of luggage
and not normally occupied by or readily accessible to the operator or
passenger; or
(ii) An open container stored in the living quarters of a motor home
or camper.
(4) For the purpose of paragraph (a)(3)(i) of this section, a
utility compartment or glove compartment is deemed to be readily
accessible to the operator and passengers of a vehicle.
(b) Operating under the influence of alcohol, drugs, or controlled
substances. (1) Operating or being in actual physical control of a
vehicle is prohibited while.
(i) Under the influence of alcohol, drug or drugs, a controlled
substance, or any combination thereof, to a degree that renders the
operator incapable of safe operation; or
(ii) 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) The provisions or 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.
(3) Test. (i) At the request or direction of an authorized person
who has probable cause to believe that an operator of a vehicle within
an Agency installation has violated a provision of paragraph (b)(1) of
this section, the operator shall submit to one or more tests of blood,
breath, saliva, or urine for the purpose of determining blood alcohol,
drug, and controlled substance content.
(ii) Refusal by an operator to submit to a test is prohibited and
may result in detention and citation by an authorized person. Proof of
refusal many be admissible in any related judicial proceeding.
(iii) Any test or tests for the presence of alcohol, drugs, and
controlled substances shall be determined by and administered at the
direction of an officer of the Security Protective Service.
(iv) Any test shall be conducted by using accepted scientific
methods and equipment of proven accuracy and reliability and operated by
personnel certified in its use.
(4) Presumptive levels. (i) The results of chemical or other
quantitative tests
[[Page 430]]
are intended to supplement the elements of probable cause used as the
basis for the arrest of an operator charged with a violation of this
section. If the alcohol concentration in the operator's blood or breath
at the time of the testing is less than the alcohol concentration
specified in paragraph (b)(1)(ii) of this section this fact does not
give rise to any presumption that the operator is or is not under the
influence of alcohol.
(ii) The provisions of paragraph (b)(4)(i) of this section are not
intended to limit the introduction of any other competent evidence
bearing upon the question of whether the operator, at the time of the
alleged violation, was under the influence of alcohol, a drug or drugs,
or a controlled substance, or any combination thereof.
[63 FR 44786, Aug. 21, 1998; 64 FR 27041, May 18, 1999]
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 removal
from the Agency installation a 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 and/or storage of the vehicle which
may be charged to the owner of the vehicle by the towing organization.
(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 Director of the Center for CIA 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 the same force and effects as if made a part thereof.
(e) 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.
Sec. 1903.6 Admission on to an Agency installation.
(a) Access on to any Agency installation shall be controlled and
restricted to ensure the orderly and secure conduct of Agency business.
Admission on to an Agency installation or into a restricted area on an
Agency installation shall be limited to Agency employees and other
persons with proper authorization.
(b) All persons entering on to or when on an Agency installation
shall, when required and/or requested, produce and display proper
identification to authorized persons.
(c) All personal property, including but not limited to any
packages, briefcases, 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 may accompany an investigative stop or
an arrest.
(e) Persons entering on to an Agency installation or into a
restricted area who refuse to permit an inspection and search will be
denied further entry and will be ordered to leave the Agency
installation or restricted area pursuant to Sec. 1903.7(a) of this part.
(f) All persons entering on to or when on any Agency installation
shall comply with all official signs of a prohibitory, regulatory, or
directory nature at all times while on the Agency installation.
(g) All persons entering on to or when on any Agency installation
shall comply with the instructions or directions of authorized persons.
Sec. 1903.7 Trespassing.
(a) Entering, or remaining on any Agency installation without proper
authorization is prohibited. Failure to obey an order to leave given
under this section by an authorized person, or reentry or attempted
reentry onto the Agency installation after being ordered
[[Page 431]]
to leave or after being instructed not to reenter by an authorized
person under this section is also prohibited.
(b) Any person who violates the provisions of this part may be
ordered to leave the Agency installation by an authorized person. A
violator's reentry may also be prohibited.
Sec. 1903.8 Interfering with Agency functions.
The following are prohibited:
(a) Interference. Threatening, resisting, intimidating, or
intentionally interfering with a government employee or agent engaged in
an official duty, or on account of the performance of an official duty.
(b) Violation of a lawful order. Violating the lawful order of an
authorized person to maintain order and control, public access and
movement during fire fighting operations, law enforcement actions, and
emergency operations that involve a threat to public safety or
government resources, or other activities where the control of public
movement and activities is necessary to maintain order and public health
or safety.
(c) False information. Knowingly giving false information:
(1) To an authorized person investigating an accident or violation
of law or regulation; or
(2) On an application for a permit.
(d) False report. Knowingly giving a false report for the purpose of
misleading an authorized person in the conduct of official duties, or
making a false report that causes a response by the government to a
fictitious event.
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 Director of the Center for CIA
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/or regulations.
(b) Using, possessing, storing, or transporting items intended to be
used to fabricate an explosive or incendiary device, either openly or
concealed, except for official purposes is prohibited.
Sec. 1903.10 Weapons.
(a) Except as provided in paragraph (c) of this section, knowingly
possessing or causing to be present a weapon on an Agency installation,
or attempting to do so is prohibited.
(b) Knowingly possessing or causing to be present a weapon on an
Agency installation, incident to hunting or other lawful purposes is
prohibited.
(c) This section does not apply--
(1) Where Title 18 U.S.C. 930 applies;
(2) To any person who has received authorization from the Director
of the Center for CIA 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 Director of the Center
for CIA Security;
(3) 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; or
(4) To the possession of a weapon by a Federal official or a member
of the Armed Forces if such possession is authorized by law.
Sec. 1903.11 Restrictions on photographic, transmitting, and recording
equipment.
(a) Except as otherwise authorized under this section, the following
are prohibited on Agency installations:
(1) Possessing a camera, other visual or audio recording devices, or
electronic transmitting equipment of any kind.
(2) Carrying a camera, other visual or audio recording devices, or
electronic transmitting equipment of any kind.
(3) Using a camera, other visual or audio recording devices, or
electronic transmitting equipment of any kind.
(b) This section does not apply to any person using, possessing or
storing a government or privately owned cellular telephone or pager
while on any
[[Page 432]]
Agency installation. The Central Intelligence Agency may regulate or
otherwise administratively control cellular telephones and pagers
outside the provisions of this part.
(c) This section does not apply to any officer, agent, or employee
of the United States, a State, or a political subdivision thereof, who
may enter on to an Agency installation to engage in or supervise the
prevention, detection, investigation, or prosecution of any violation of
law.
(d) This section does not apply to any person who has received
approval from the Director of the Center for CIA 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.
Sec. 1903.12 Alcoholic beverages and controlled substance.
(a) Alcoholic beverages. The possession, 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) Controlled substances. The following are prohibited on an Agency
installation:
(1) The delivery of a controlled substance, except when distribution
is made by a licensed physician or pharmacist in accordance with
applicable Federal or State law, or as otherwise permitted by Federal or
State law. For the purpose of this paragraph, delivery means the actual,
attempt, or constructive transfer of a controlled substance.
(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, or as
otherwise allowed by Federal or State law.
Sec. 1903.13 Intoxicated on an Agency installation.
Presence on an Agency installation when under the influence of
alcohol, a drug, or a controlled substance or a combination thereof to a
degree that interferes with, impedes or hinders the performance of the
official duties of any government employee, or damages government or
personal property is prohibited.
Sec. 1903.14 Disorderly conduct.
A person commits disorderly conduct when, with intent to cause
public alarm, nuisance, jeopardy, or violence, or knowingly or
recklessly creating a risk thereof, such person commits any of the
following prohibited acts:
(a) Engages in fighting or threatening, or in violent behavior.
(b) Acts in a manner that is physically threatening or menacing, or
acts in a manner that is likely to inflict injury or incite an immediate
breach of peace.
(c) Makes noises that are unreasonable considering the nature and
purpose of the actor's conduct, location, time of day or night, and
other factors that would govern the conduct of a reasonable prudent
person under the circumstances.
(d) Uses obscene language, an utterance, or gesture, or engages in a
display or act that is obscene.
(e) Impedes or threatens the security of persons or property, or
disrupts the performance of official duties by employees, officers,
contractors or visitors on an Agency installation or obstructs the use
of areas on an Agency installation such as entrances, foyers, lobbies,
corridors, concourses, offices, elevators, stairways, roadways,
driveways, walkways, or parking lots.
Sec. 1903.15 Preservation of property.
The following are prohibited:
(a) Property Damage. Destroying or damaging private property.
(b) Theft. The theft of private property, except where Title 18
U.S.C. 661 applies.
(c) Creation of hazard. The creation of hazard to persons or things,
the throwing of articles of any kind from or at buildings, vehicles, or
persons while on an Agency installation.
(d) Improper disposal. The improper disposal of trash or rubbish
while on an Agency installation.
Sec. 1903.16 Restriction on animals.
Animals, except for those animals used for the assistance of persons
with
[[Page 433]]
disabilities, or animals under the charge and control of the Central
Intelligence Agency, shall not be brought onto an Agency installation
for other than official purposes.
Sec. 1903.17 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 any Agency installation is prohibited. This does not
apply to:
(a) National or local drives for funds for welfare, health, or other
purposes as authorized by Title 5 CFR parts 110 and 950 as amended and
sponsored or approved by the Director of Central Intelligence, or by his
or her designee.
(b) Personal notices posted on authorized bulletin boards and in
compliance with Central Intelligence Agency rules governing the use of
such authorized bulletin boards advertising to sell or rent property of
Central Intelligence Agency employees or their immediate families.
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
Director of the Center for CIA Security, or from his or her designee.
Sec. 1903.19 Gambling.
Gambling in any form, or the operation of gambling devices, 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 authorized by the provisions of the
Randolph-Sheppard Act (Title 20 U.S.C. 107 et seq.).
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 imposed
by Federal law for the commission of a Class B misdemeanor offense.
(b) Nothing in this part shall be construed to abrogate or supersede
any other Federal law or any non-conflicting State or local law,
ordinance or regulation applicable to any location where the Agency
installation is situated.