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$ 1048.7 Applicability of other laws. (b) Persons upon the SPR or its stor

Nothing in this part shall be con- age or related facilities. strued to affect the applicability of the

$ 1049.3 Definitions. provisions of State law or of any other Federal law.

(a) Act means sections 661 of the De

partment of Energy Organization Act, (56 FR 1910, Jan. 17, 1991. Redesignated at 56 as amended, (42 U.S.C. 7270a). FR 48096, Sept. 24, 1991)

(b) Arrest means an act resulting in

the restriction of a person's movement, PART 1049—LIMITED ARREST AU

other than a brief consensual detention THORITY AND USE OF FORCE BY

for purposes of questioning about a perPROTECTIVE FORCE OFFICERS OF son's identity and requesting identiTHE STRATEGIC PETROLEUM RE fication, accomplished by means of SERVE

force or show of authority under cir

cumstances that would lead a reasonSec.

able person to believe that he was not 1049.1 Purpose.

free to leave the presence of the officer. 1049.2 Scope.

(c) Contractor means a contractor or 1049.3 Definitions.

subcontractor at any tier. 1049.4 Arrest authority.

(d) Deadly force means that force 1049.5 Exercise of arrest authority-General

which a reasonable person would conguidelines. 1049.6 Exercise of arrest authority-Use of

sider likely to cause death or serious non-deadly force.

bodily harm. 1049.7 Exercise of arrest authority-Use of (e) Protective Force Officer means a deadly force.

person designated by DOE to carry fire1049.8 Training of SPR Protective Force Of arms pursuant to section 661 of the ficers and qualification to carry fire

Act. arms.

(f) SPR means the Strategic Petro1049.9 Firearms and firearms incidents. 1049.10

leum Reserve, its storage or related faDisclaimer.

cilities, and real property subject to AUTHORITY: 42 U.S.C. 7101 et seq.

the jurisdiction or administration, or SOURCE: 56 FR 58492, Nov. 20, 1991, unless in the custody of the Department of otherwise noted.

Energy under part B of title I of the

Energy Policy and Conservation Act $ 1049.1 Purpose.

(42 U.S.C. 6231-6247). The purpose of these guidelines is to (g) Suspect means a person who is set forth internal Department of En subject to arrest by a Protective Force ergy (DOE) security policies and proce- Officer as provided in these guidelines. dures regarding the exercise of arrest authority and the use of force by DOE

$ 1049.4 Arrest authority. employees and DOE contractor and (a) Under the Act, the authority of a subcontractor employees while dis- DOE Protective Force Officer to arrest charging their official duties pursuant without warrant is to be exercised only to section 661 of the Department of En in the performance of official duties of ergy Organization Act.

protecting the SPR and persons within

or upon the SPR. $1049.2 Scope.

(b) A Protective Force Officer is auThese guidelines apply to the exer thorized to make an arrest for a felony cise of arrest authority and the use of committed in violation of laws of the force, as authorized by section 661 of United States, or for a misdemeanor the Department of Energy Organiza- committed in violation of laws of the tion Act, as amended, 42 U.S.C. 7101 et United States if the offense is comseq., by employees of DOE and employ- mitted in the officer's presence. ees of DOE'S SPR security contractor (C) A Protective Force Officer also is and subcontractor. These policies and authorized to make an arrest for a felprocedures apply with respect to the ony committed in violation of laws of protection of:

the United States if the Officer has rea(a) The SPR and its storage or re- sonably grounds to believe that the fellated facilities; and

ony has been committed, or that the

suspect is committing the felony, and is in the immediate area of the felony or is fleeing the immediate area of the felony. “Reasonable grounds to believe" means that the facts and circumstances within the knowledge of the Protective Force Officer at the moment of arrest, and of which the Protective Force Officer has reasonably trustworthy information, would be sufficient to cause a prudent person to believe that the suspect had committed or was committing a felony.

appropriate, in order to ensure that the person is brought before a magistrate without unnecessary delay.

(e) Ordinarily, the person arrested shall not be questioned or required to sign written statements unless such questioning is:

(1) Necessary to establish the identity of the person arrested and the purpose for which such person is within or upon the SPR;

(2) Necessary to avert an immediate threat to security or safety (e.g., to locate a bomb); or

(3) Authorized by other Federal law enforcement personnel or local law enforcement personnel responsible for investigating the alleged crime.

8 1049.5 Exercise of arrest authority,

General guidelines. (a) In making an arrest, and before taking a person into custody, the Protective Force Officer should:

(1) Announce the Protective Force Officer's authority (e.g., by identifying himself as an SPR Protective Force Officer);

(2) State that the suspect is under arrest; and

(3) Inform the suspect of the crime for which the suspect is being arrested. If the circumstances are such that making these announcements would be useless or dangerous to the Officer or to another person, the Protective Force Officer may dispense with these announcements.

(b) At the time and place of arrest, the Protective Force Officer may search the person arrested for weapons and criminal evidence, and may search the area into which the person arrested might reach to obtain a weapon to destroy evidence.

(c) After the arrest is effected, the person arrested shall be advised of his constitutional right against self-incrimination ("Miranda warnings''). If the circumstances are such that immediately advising the person arrested of this right would result in imminent danger to the Officer or other persons, the Protective Force Officer may postpone this requirement. The person arrested shall be advised of this right as soon as practicable after the imminent danger has passed.

(d) As soon as practicable after the arrest is effected, custody of the person arrested should be transferred to other Federal law enforcement personnel (e.g., U.S. Marshals or FBI agents) or to local law enforcement personnel, as

8 1049.6 Exercise of arrest authority

Use of non-deadly force. (a) When a Protective Force Officer is authorized to make an arrest as provided in the Act, the Protective Force Officer may use only that degree of non-deadly force that is reasonable and necessary to apprehend and arrest the suspect in order to prevent escape or to defend the Protective Force Officer or other persons from what the Officer reasonably believes to be the use or threat of imminent use of non-deadly force by the suspect. Verbal abuse by the suspect, in itself, is not a basis for the use of non-deadly force by a Protective Force Officer under any circumstances.

(b) Protective Force Officers should consult the local DOE Office of Chief Counsel and contractor legal counsel for additional guidance on the use of non-deadly force in the exercise of arrest authority, as appropriate.

$ 1049.7 Exercise of arrest authority

Use of deadly force. (a) The use of deadly force is authorized only under exigent circumstances where the Protective Force Officer reasonably believes that such force is necessary to:

(1) Protect himself from an imminent threat of death or from serious bodily harm;

(2) Protect any person or persons in or upon the SPR from an imminent threat of death or serious bodily harm.

(b) If circumstances require the use ried whenever on duty and whenever of a firearm by a Protective Force Offi armed. cer, the Officer shall give a verbal (d) On an annual basis, each Protecwarning (e.g., an order to halt), if fea- tive Force Officer must successfully sible. A Protective Force Officer shall complete training sufficient to mainnot fire warning shots under any cir- tain at least the minimum level of cumstances.

competency required for the successful

performance of all assigned tasks iden8 1049.8 Training of SPR Protective tified for Protective Force Officers. Force Officers and qualification to

(e) Protective Force Officers shall be carry firearms.

qualified in the use of firearms by dem(a) Protective Force Officers shall onstrating proficiency in the use of successfully complete training required firearms on a semiannual basis prior to by applicable Department of Energy or receiving authorization to carry fireders prior to receiving authorization to arms. Protective Force Officers shall carry firearms. The Department of En demonstrate proficiency in the use of ergy Office of Safeguards and Security all types of weapons expected to be shall approve the course.

used while on duty under both day and (b) Prior to initial assignment to night conditions. In demonstrating duty, Protective Force Officers shall firearms proficiency, Protective Force successfully complete a basic qualifica- Officers shall use firearms of the same tion training course which equips them type and barrel length as firearms used with at least the minimum level of by Protective Force Officers while on competence to perform tasks associ duty, and the same type of ammunition ated with their responsibilities. The as that used by Protective Force Offibasic course shall include the following cers on duty. Before a Protective Force subject areas:

Officer is qualified in the use of fire(1) Legal authority, including use of

arms, the Officer shall complete a redeadly force and exercise of limited

view of the basic principles of firearms

safety. arrest authority; (2) Security operations, including poli

(f) Protective Force Officers shall be

allowed two attempts to qualify in the cies and procedures;

use of firearms. Protective Force Offi(3) Security tactics, including tactics

cers shall qualify in the use of firearms for Protective Force Officers acting

within six months of failing to qualify. alone or as a group;

If an Officer fails to qualify, the Officer (4) Use of firearms, including firearms

shall complete a remedial firearms safety and proficiency with all

training program. A Protective Force types of weapons expected to be

Officer who fails to qualify in the use used;

of firearms after completion of a reme(5) Use of non-deadly weapons, weapon

dial program, and after two further atless self-defense, and physical con

tempts to qualify shall not be authorditioning;

ized to carry firearms or to exercise (6) Use of vehicles, including vehicle

limited arrest authority. safety in routine and emergency situations;

$ 1049.9 Firearms and firearms inci(7) Safety, first aid, and elementary firefighting procedures;

(a) Protective Force Officers shall re(8) Operating in such a manner as to ceive firearms of a type suitable to

preserve SPR sites and facilities; adequately protect persons and prop(9) Communications, including meth erty within or upon the SPR. Firearms ods and procedures.

and ammunition shall be secured, (c) After completing training, and re- inventoried, and maintained in accordceiving the appropriate security clear- ance with applicable Department of ance, Protective Force Officers shall be Energy orders, when not in use. authorized to carry firearms and exer- (b) The authority of a Protective cise limited arrest authority. Protec- Force Officer to carry firearms and to tive Force Officers shall receive an exercise limited arrest authority shall identification card, which must be car- be suspended if the Officer participates

in an incident involving the use of firearms. In such circumstances, the Officer shall be assigned to other duties, pending completion of an investigation.

(c) Incidents involving the discharge of firearms shall be reported to the Department of Energy Headquarters Emergency Operations Center immediately, and to the SPR Project Management Office Security Division within 24 hours. The Strategic Petroleum Reserve Project Manager shall appoint a committee to investigate the incident.

APPENDIX I TO PART 1050—DOE FORM 3735.2

FOREIGN GIFTS STATEMENT APPENDIX II TO PART 1050_DOE FORM

3735.3—FOREIGN TRAVEL STATEMENT AUTHORITY: The Constitution of the United States, Article I, Section 9; 5 U.S.C. 7342, 22 U.S.C. 2694; 42 U.S.C. 7254 and 7262; 28 U.S.C. 2461 note.

SOURCE: 45 FR 53972, Aug. 13, 1980, unless otherwise noted.

8 1049.10 Disclaimer.

These guidelines are set forth solely for the purpose of internal Department of Energy guidance. These guidelines do not, and are not intended to, and may not be relied upon to, create any substantive or procedural rights enforceable at law by any party in any matter, civil or criminal. These guidelines do not place any limitations on otherwise lawful activities of Protective Force Officers or the Department of Energy.

PART 1050—FOREIGN GIFTS AND

DECORATIONS

Subpart A-General

Subpart A-General $ 1050.101 Purpose and scope.

These regulations implement the provisions of the Foreign Gifts and Decorations Act (5 U.S.C. 7342), which establishes policies and procedures pertaining to the acceptance, use, and disposition of gifts or decorations from foreign governments. If an employee of Department of Energy (DOE) meets the requirements of these regulations, he or she is deemed to be in compliance with the DOE Conduct of Employees regulations, 10 CFR part 1010. $ 1050.102 Applicability.

These regulations apply to all DOE employees, including special Government employees, and civilian and military personnel of other Government agencies regularly detailed to DOE, and to spouses and dependents of such personnel. These regulations apply to all employees of the Federal Energy Regulatory Commission (FERC) to the extent the Commission by rule makes these regulations applicable to FERC employees. These regulations do not apply to gifts and bequests accepted by the Department as authorized by section 652 of the Department of Energy Organization Act (42 U.S.C. 7262), except as set forth in $ 1050.202(d) of this part. These regulations do not apply to assistance from a foreign government for participation by DOE employees in foreign cultural exchange programs pursuant to the Mutual Educational and Cultural Exchange Act (22 U.S.C. 2458a). $ 1050.103 Definitions.

(a) Employee means

(1) An employee of DOE or FERC as defined by 5 U.S.C. 2105 (employees of DOE contractors are specifically excluded);

Sec. 1050.101 Purpose and scope. 1050.102 Applicability. 1050.103 Definitions. 1050.104 Responsibilities and authorities.

Subpart B-Guidelines for Acceptance of

Foreign Gifts or Decorations 1050.201 Policy against accepting foreign

gifts or decorations. 1050.202 Allowable acceptance of gifts. 1050.203 Acceptance of decorations. 1050.204 Advance approval for acceptance of

gifts or decorations.

Subpart C-Procedures and Entorcement 1050.301 Reports. 1050.302 Use or disposal of gifts and decora

tions accepted on behalf of the United

States. 1050.303 Enforcement.

Subpart D-Gifts to Foreign Individuals 1050.401 Prohibition against use of appro

priated funds.

(g) Appropriate General Counsel means either the DOE General Counsel when the employee involved is an employee of that portion of the DOE which excludes FERC, or the FERC General Counsel when the employee involved is an employee of FERC. [45 FR 53972, Aug. 13, 1980, as amended at 59 FR 44896, Aug. 31, 1994)

(2) A special Government employee as defined in 18 U.S.C. 202(a), and an expert or consultant who is under contract to the DOE pursuant to 5 U.S.C. 3109, including, in the case of an organization performing services under such section, any individual involved in the performance of such services;

(3) A member of a Uniformed Service or an employee of another Government agency assigned or detailed to the DOE or FERC;

(4) The spouse of an individual described in paragraphs (a)(1) through (a)(3) of this section (unless such individual and his or her spouse are legally separated) or a dependent (within the meaning ot section 152 of the Internal Revenue Code of 1954) of such an individual, other than a spouse or dependent who is an employee under paragraphs (a)(1) through (a)(3).

(b) Foreign government means:

(1) Any unit of foreign governmental authority, including any foreign national, State, local, or municipal government;

(2) Any international or multinational organization whose membership is composed of any unit of foreign government described in paragraph (b)(1); and

(3) Any agent or representative of any such unit or such organization, while acting as such.

(c) Gift means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government.

(d) Decoration means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government.

(e) Minimal value means that value as defined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period in accordance with the definition of "minimal value". as set forth in the Federal Property Management Regulations of title 41 of the Code of Federal Regulations as applied to the Utilization, Donation, and Disposal of Foreign Gifts and Decorations.

(f) The Act means the Foreign Gifts and Decorations Act, 5 U.S.C. 7342.

$ 1050.104 Responsibilities and au

thorities. (a) The Director of Administration shall:

(1) Assure that all employees are given access to or a copy of the Act and these regulations;

(2) Maintain liaison with the Department of State and prepare Departmental reports to the Department of State consistent with the Act and these regulations;

(3) Provide advice and assistance on implementation of the act and these regulations, in coordination with the Assistant Secretary for International Affairs (IA) and the appropriate General Counsel;

(4) Collect and maintain for public inspection all employee statements submitted pursuant to these regulations;

(5) Arrange for independent appraisal of the value of gifts or decorations, upon the request of the General Services Administration or the Inspector General (or other appropriate DOE official); and

(6) Accept and maintain custody and make all determinations regarding the use and disposition of all gifts and decorations accepted by employees on behalf of the United States, in coordination with IA, the appropriate General Counsel, and, for gifts to the Secretary, Deputy Secretary or Under Secretary, the appropriate official in the Office of the Secretary.

(b) The Assistant Secretary for International Affairs (IA) shall assist the Directorate of Administration, where appropriate, in making determinations concerning the effects of the proposed acceptance, use, or disposition of a foreign gift or decoration on the foreign relations of the United States.

197-031 D-01--29

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