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e-CFR data is current as of September 16, 2020

Title 36Chapter XIISubchapter GPart 1280Subpart A → Subject Group

Title 36: Parks, Forests, and Public Property
Subpart A—Rules of Conduct on or in NARA Property and Facilities

Prohibited Activities

§1280.14   Weapons and explosives.

(a) Federal law prohibits individuals to possess firearms or other dangerous weapons in Federal facilities unless the person is specifically authorized to possess such a weapon under 18 U.S.C. 930. State-issued carry permits are not valid in Federal facilities. Violators are subject to fine and/or imprisonment for a period up to five years.

(b) You are also prohibited from bringing or possessing explosives, or items intended for use in fabricating an explosive or incendiary device, either openly or concealed, on or in NARA property and facilities.

§1280.16   Illegal drugs and alcohol.

(a) Except in cases where you are using the drug as prescribed for you as a patient by a licensed physician, all people entering in or on NARA facilities or property are prohibited from:

(1) Being under the influence, using or possessing any narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines; or

(2) Operating a motor vehicle on the property while under the influence of alcoholic beverages, narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines.

(b) Except where the Archivist of the United States or his/her designee grants an exemption in writing for the appropriate official use of alcoholic beverages, all people entering in or on NARA property or facilities are prohibited from being under the influence of or using alcoholic beverages.

§1280.18   Gambling.

(a) You may not participate in any type of gambling while on or in NARA property or facilities. This includes:

(1) Participating in games for money or other personal property;

(2) Operating gambling devices;

(3) Conducting a lottery or pool; or

(4) Selling or purchasing numbers tickets.

(b) This rule does not apply to licensed blind operators of vending facilities who are selling chances 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 (20 U.S.C. 107, et seq.)

§1280.20   Smoking or using alternative smoking devices.

You may not smoke or use alternative smoking devices (electronic or vapor) inside any NARA facility (including those located on GSA or GPO property), in courtyards on NARA property, or in any outdoor area within 25 feet of any NARA facility air intake duct or doorway. Due to dangers that smoking and smoking devices present to the safety of occupants and the security of archival holdings, we have a zero-tolerance policy. You may smoke and use alternative smoking devices only in marked smoking areas outside certain NARA facilities.

§1280.22   Distributing or posting materials.

You may not distribute or post handbills, fliers, pamphlets, or other materials on or in NARA property and facilities, except in spaces we designate for that purpose. This prohibition does not apply to displays or notices the Government distributes as part of authorized activities or bulletin boards employees use to post personal notices.

§1280.24   Eating and drinking.

You may eat and drink inside NARA facilities only in designated areas. You may not eat or drink in any research rooms, records storage areas, or museum areas unless specifically authorized by the Archivist or designee. Facility directors may, by local rule, prohibit eating and drinking in designated outdoor areas of NARA facilities or NARA property, as well (e.g., near artifacts that are on display outdoors).

§1280.26   Soliciting, vending, and debt collecting.

(a) On NARA property or in NARA facilities, you may not:

(1) Solicit for personal, charitable, or commercial causes;

(2) Sell any products;

(3) Display or distribute commercial advertising; or

(4) Collect private debts.

(b) The following activities are exceptions to the prohibitions in subsection (a):

(1) Participating in national or local drives for welfare, health, or other funds that the Office of Personnel Management authorizes or that NARA approves (e.g., the Combined Federal Campaign);

(2) Employees collecting non-monetary items such as food, clothing, or toys, as approved by the Archivist or his/her designee;

(3) Authorized employee organizations, including employee affinity groups, soliciting for membership dues or other organizational support, as approved by the Archivist or his/her designee; and

(4) Authorized charitable support organizations, like the National Archives Foundation or a Presidential library foundation (e.g., the museum store at the National Archives Building), conducting revenue-producing activities.

§1280.28   Other prohibited behavior.

We reserve the right to remove anyone from NARA facilities or property who is:

(a) Stealing NARA property;

(b) Willfully damaging or destroying NARA property;

(c) Creating any hazard to people or things;

(d) Throwing anything from or at a NARA building; or climbing on statues, fountains, gravesites, artwork, or other items on display in outdoor areas, or any part of a NARA building;

(e) Improperly disposing of rubbish;

(f) Acting in a disorderly fashion;

(g) Acting in a manner that creates a loud or unusual noise or a nuisance;

(h) Acting in a manner that unreasonably obstructs the usual use of NARA facilities or property;

(i) Acting in a manner that otherwise impedes or disrupts performance of official duties by Government and contract employees;

(j) Acting in a manner that prevents the general public from obtaining NARA-provided services in a timely manner;

(k) Loitering; or

(l) Threatening directly (e.g., in-person communications or physical gestures) or indirectly (e.g., via regular mail, email, or phone) any NARA employee, visitor, volunteer, contractor, other building occupants, facility, or property.

§1280.30   Types of corrective action for prohibited behavior.

(a) Individuals who violate the provisions of this part are subject to:

(1) Being removed from the property or facility (for up to seven calendar days) and possible law enforcement notification;

(2) Being banned from NARA property or facilities;

(3) Arrest for trespass; and

(4) Any other corrective action a law or regulation prescribes.

(b) The Executive for Research Services, the Executive for Legislative Archives, Presidential Libraries, and Museum Services, the Executive for Agency Services, or the Director of the Security Management Division, may have the individual immediately removed and temporarily denied further access to the property or facility for up to seven calendar days.

(c) During this removal period, the Executive for Business Support Services renders a decision on whether the person should be banned from the specific facility from which they were removed, or all NARA property or facilities, for either a specific period of time or permanently. If the Executive decides to ban the person, they will issue a written decision and notify the affected NARA properties or facilities.

(d) Banning under this part includes automatic revocation of research privileges, notwithstanding the time periods set forth in 36 CFR 1254. Research privileges remain revoked until the ban is lifted, at which time the person who was banned may submit an application for new privileges.

§1280.32   Appealing a ban from NARA facilities or property.

(a) Within 30 calendar days after you receive notice that you have been banned from a NARA facility or property, you may appeal the decision in writing by mail to the Deputy Archivist of the United States (address: National Archives and Records Administration (ND); 8601 Adelphi Road; College Park, MD 20740-6001). In the request, you must state the reasons for the appeal.

(b) The Deputy Archivist has 30 calendar days after receiving the appeal to make a decision to rescind, modify, or uphold the ban, and will notify you of the decision in writing.

(c) If the Deputy Archivist upholds the ban, we will not consider another appeal from you within one year from the date of your last request for reconsideration. After one year has passed, you may submit another appeal and the same process will apply.

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