14 C.F.R. PART 1203b—SECURITY PROGRAMS; ARREST AUTHORITY AND USE OF FORCE BY NASA SECURITY FORCE PERSONNEL
Title 14 - Aeronautics and Space
Authority: Sec. 304(f) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2456a).
Source: 57 FR 4926, Feb. 11, 1992, unless otherwise noted.
This regulation implements section 304(f) of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2456a), by establishing guidelines for the exercise of arrest authority and for the exercise of physical force, including deadly force, in conjunction with such arrest authority. This part applies to only those NASA and NASA contractor security force personnel who are authorized to exercise arrest authority in accordance with 42 U.S.C. 2456a and this regulation. Accredited Course of Training. A course of instruction offered by the Federal Law Enforcement Training Center, or an equivalent course of instruction offered by another Federal agency. See §1203b.103(a)(1). Arrest. An act, resulting in the restriction of a person's movement, other than a brief detention for purposes of questioning about a person's identity and requesting identification, accomplished by means of force or show of authority under circumstances that would lead a reasonable person to believe that he/she was not free to leave the presence of the officer. Contractor. NASA contractors and subcontractors at all tiers. (a) NASA security force personnel may exercise arrest authority, provided that: (1) They graduate from an accredited training course (see §1203b.102(a)); and (2) They have been certified in writing by the Associate Administrator for Management Systems and Facilities, or designee, as specifically authorized to exercise arrest authority. (b) The authority of NASA security force personnel to make a warrantless arrest is subject to the following conditions: (1) The arresting officer must be guarding and protecting property owned or leased by, or under the control of, the United States under the administration and control of NASA or one of its contractors or subcontractors, at facilities owned by or contracted to NASA; and (2) The person to be arrested has committed in the arresting officer's presence any offense against the United States; or (3) The arresting officer has reasonable grounds to believe that the person to be arrested has committed or is committing any felony cognizable under the laws of the United States. (c) The Office of the General Counsel, NASA Headquarters, or the Installation Chief Counsel's Office, as appropriate, shall provide guidance as to the applicability of these regulations. (a) In making an arrest, the security force officer should announce his/her authority and that the person is under arrest prior to taking the person into custody. If the circumstances are such that making such announcements would be useless or dangerous to the security force officer or others, the security force officer may dispense with these announcements. (b) The security force officer at the time and place of arrest may search the arrested person and the area immediately surrounding the arrested person for weapons and criminal evidence. This is to protect the arresting officer and to prevent the destruction of evidence. (c) After the arrest is effected, the arrested person shall be advised of his/her constitutional right against self-incrimination. If the circumstances are such that making such advisement is dangerous to the officer or others, this requirement may be postponed until the immediate danger has passed. However, no interrogation of the individual may occur until he/she has been properly advised of his/her right against self-incrimination. (d) Custody of the person arrested should be transferred to other Federal law enforcement personnel (e.g., United States Marshals or FBI agents) or to local law enforcement agency personnel, as appropriate, as soon as possible, in order to ensure that the person is brought before a magistrate without unnecessary delay. When a security force officer has the right to make an arrest, as discussed in §1203b.103, the officer may use only that non-deadly physical force which is reasonable and necessary to apprehend and arrest the offender; to prevent the escape of the offender; or to defend himself/herself or a third person from what the security force officer reasonably believes to be the use or threat of imminent use of non-deadly physical force by the offender. Verbal abuse alone by the offender cannot be the basis under any circumstances for use of non-deadly physical force by a security force officer. Deadly force shall be used only in those circumstances where the security force officer reasonably believes that either he/she or another person is in imminent danger of death or serious bodily harm. (a) If it becomes necessary to use a firearm in any of the circumstances described in §1203b.106, NASA security force personnel shall comply with the following precautions whenever possible: (1) Give an order to halt before firing. (2) Do not fire if shots are likely to harm innocent bystanders. (3) Shoot to stop. (b) Warning shots are not authorized. (c) In the event that a security force officer discharges a weapon while in a duty status: (1) The incident shall be reported to the Installation Chief of Security who, in turn, will report it to the NASA Security Office as expeditiously as possible, with as many details supplied as are available. (2) The officer shall be promptly suspended from duty with pay or reassigned to other duties not involving the use of a firearm, as the Installation Director or the Associate Administrator for Management Systems and Facilities deems appropriate, pending investigation of the incident. (3) The cognizant Installation Director, or for incidents occurring at NASA Headquarters, the Associate Administrator for Management Systems and Facilities, shall appoint an investigating officer to conduct a thorough investigation of the incident. Additional personnel may also be appointed, as needed to assist the investigating officer. Upon conclusion of the investigation, the investigating officer shall submit a written report of findings and recommendations to the appropriate Installation Director or the Associate Administrator for Management Systems and Facilities. (4) Upon conclusion of the investigation, the Installation Director or the Associate Administrator for Management Systems and Facilities, with the advice of Counsel, shall determine the disposition appropriate to the case. (d) Firearms will be periodically inspected and kept in good working order by a qualified gunsmith. Ammunition, holsters, and related equipment will be periodically inspected for deterioration and kept in good working order. Firearms and ammunition will be securely stored separately in locked containers. Firearms will not be stored in a loaded condition. Neither firearms nor ammunition will be stored in the same containers as money, drugs, precious materials, or classified information. NASA Headquarters and each Installation shall adopt procedures for the maintenance of records with respect to the issuance of firearms and ammunition. [57 FR 4926, Feb. 11, 1992, as amended at 58 FR 5263, Jan. 21, 1993] (a) The Administrator shall establish a committee to exercise management oversight over the implementation of arrest authority. (b) The Administrator shall establish a reporting requirement for Headquarters and Field Installations. (c) The Associate Administrator for Management Systems and Facilities, or designee, will ensure that all persons who are authorized to exercise arrest authority will, before performing these duties: (1) Receive instructions on regulations regarding the use of force, including deadly force; and (2) Demonstrate knowledge and skill in the use of unarmed defense techniques and their assigned firearms. (d) The Associate Administrator for Management Systems and Facilities, or designee, will also: (1) Provide periodic refresher training to ensure continued proficiency and updated knowledge as to the use of unarmed defense techniques; (2) Require security force officers exercising arrest authority to requalify semiannually with their assigned firearms; and (3) Require periodic refresher training to ensure continued familiarity with regulations. (e) The Associate Administrator for Management Systems and Facilities and Installation Directors shall issue local management instructions, subject to prior NASA Headquarters approval, which will supplement this regulation for Headquarters/Installation-specific concerns. [57 FR 4926, Feb. 11, 1992, as amended at 58 FR 5263, Jan. 21, 1993] These regulations are set forth solely for the purpose of internal National Aeronautics and Space Administration guidance. They are not intended to, do not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal, and they do not place any limitations on otherwise lawful activities of security force personnel or the National Aeronautics and Space Administration.
Title 14: Aeronautics and Space
PART 1203b—SECURITY PROGRAMS; ARREST AUTHORITY AND USE OF FORCE BY NASA SECURITY FORCE PERSONNEL
Section Contents
§ 1203b.100 Purpose.
§ 1203b.101 Scope.
§ 1203b.102 Definitions.
§ 1203b.103 Arrest authority.
§ 1203b.104 Exercise of arrest authority—general guidelines.
§ 1203b.105 Use of non-deadly physical force when making an arrest.
§ 1203b.106 Use of deadly force.
§ 1203b.107 Use of firearms.
§ 1203b.108 Management oversight.
§ 1203b.109 Disclaimer.
§ 1203b.100 Purpose.
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§ 1203b.101 Scope.
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§ 1203b.102 Definitions.
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§ 1203b.103 Arrest authority.
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§ 1203b.104 Exercise of arrest authority—general guidelines.
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§ 1203b.105 Use of non-deadly physical force when making an arrest.
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§ 1203b.106 Use of deadly force.
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§ 1203b.107 Use of firearms.
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§ 1203b.108 Management oversight.
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§ 1203b.109 Disclaimer.
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