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.