ATTACHMENTS.docx

ATTACHMENTS

DEPARTMENT OF HOMELAND SECURITY

NON-DISCLOSURE AGREEMENT

I, , an individual official, employee, consultant, or subcontractor of or to (the Authorized Entity), intending to be legally bound, hereby consent to the terms in this Agreement in consideration of my being granted conditional access to certain information, specified below, that is owned by, produced by, or in the possession of the United States Government.

(Signer will acknowledge the category or categories of information that he or she may have access to, and the signer's willingness to comply with the standards for protection by placing his or her initials in front of the applicable category or categories.)

Initials:

Protected Critical Infrastructure Information (PCII)

I attest that I am familiar with, and I will comply with all requirements of the PCII program set out in the Critical Infrastructure Information Act of 2002 (CII Act) (Title II, Subtitle B, of the Homeland Security Act of 2002, Public Law 107-296, 196 Stat. 2135, 6 USC 101 et seq.), as amended, the implementing regulations thereto (6 CFR Part 29), as amended, and the applicable PCII Procedures Manual, as amended, and with any such requirements that may be officially communicated to me by the PCII Program Manager or the PCII Program Manager's designee.

Initials:

Sensitive Security Information (SSI)

I attest that I am familiar with, and I will comply with the standards for access, dissemination, handling, and safeguarding of SSI information as cited in this Agreement and in accordance with 49 CFR Part 1520, "Protection of Sensitive Security Information," "Policies and Procedures for Safeguarding and Control of SSI," as amended, and any supplementary guidance issued by an authorized official of the Department of Homeland Security.

Initials:

Other Sensitive but Unclassified (SBU)

As used in this Agreement, sensitive but unclassified information is an over-arching term that covers any information, not otherwise indicated above, which the loss of, misuse of, or unauthorized access to or modification of could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section 552a of Title 5, as amended, but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. This includes information categorized by DHS or other government agencies as: For Official Use Only (FOUO); Official Use Only (OUO); Sensitive Homeland Security Information (SHSI); Limited Official Use (LOU); Law Enforcement Sensitive (LES); Safeguarding Information (SGI); Unclassified Controlled Nuclear Information (UCNI); and any other identifier used by other government agencies to categorize information as sensitive but unclassified.

I attest that I am familiar with, and I will comply with the standards for access, dissemination, handling, and safeguarding of the information to which I am granted access as cited in this Agreement and in accordance with the guidance provided to me relative to the specific category of information.

I understand and agree to the following terms and conditions of my access to the information indicated above:

1. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of information to which I have been provided conditional access, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information have been approved for access to it, and that I understand these procedures.

2. By being granted conditional access to the information indicated above, the United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement and the laws, regulations, and directives applicable to the specific categories of information to which I am granted access.

3. I attest that I understand my responsibilities and that I am familiar with and will comply with the standards for protecting such information that I may have access to in accordance with the terms of this Agreement and the laws, regulations, and/or directives applicable to the specific categories of information to which I am granted access. I understand that the United States Government may conduct inspections, at any time or place, for the purpose of ensuring compliance with the conditions for access, dissemination, handling and safeguarding information under this Agreement.

DHS Form 11000-6 (08-04) Page 1

4. I will not disclose or release any information provided to me pursuant to this Agreement without proper authority or authorization. Should situations arise that warrant the disclosure or release of such information I will do so only under approved circumstances and in accordance with the laws, regulations, or directives applicable to the specific categories of information. I will honor and comply with any and all dissemination restrictions cited or verbally relayed to me by the proper authority.

5. (a) For PCII - (1) Upon the completion of my engagement as an employee, consultant, or subcontractor under the contract, or the completion of my work on the PCII Program, whichever occurs first, I will surrender promptly to the PCII Program Manager or his designee, or to the appropriate PCII officer, PCII of any type whatsoever that is in my possession.

(2) If the Authorized Entity is a United States Government contractor performing services in support of the PCII Program, I will not request, obtain, maintain, or use PCII unless the PCII Program Manager or Program Manager's designee has first made in writing, with respect to the contractor, the certification as provided for in Section 29.8(c) of the implementing regulations to the CII Act, as amended.

(b) For SSI and SBU - I hereby agree that material which I have in my possession and containing information covered by this Agreement, will be handled and safeguarded in a manner that affords sufficient protection to prevent the unauthorized disclosure of or inadvertent access to such information, consistent with the laws, regulations, or directives applicable to the specific categories of information. I agree that I shall return all information to which I have had access or which is in my possession 1) upon demand by an authorized individual; and/or 2) upon the conclusion of my duties, association, or support to DHS; and/or 3) upon the determination that my official duties do not require further access to such information.

6. I hereby agree that I will not alter or remove markings, which indicate a category of information or require specific handling instructions, from any material I may come in contact with, in the case of SSI or SBU, unless such alteration or removal is consistent with the requirements set forth in the laws, regulations, or directives applicable to the specific category of information or, in the case of PCII, unless such alteration or removal is authorized by the PCII Program Manager or the PCII Program Manager's designee. I agree that if I use information from a sensitive document or other medium, I will carry forward any markings or other required restrictions to derivative products, and will protect them in the same matter as the original.

7. I hereby agree that I shall promptly report to the appropriate official, in accordance with the guidance issued for the applicable category of information, any loss, theft, misuse, misplacement, unauthorized disclosure, or other security violation, I have knowledge of and whether or not I am personally involved. I also understand that my anonymity will be kept to the extent possible when reporting security violations.

8. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to the information covered by this Agreement. This may serve as a basis for denying me conditional access to other types of information, to include classified national security information.

9. (a) With respect to SSI and SBU, I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of the information not consistent with the terms of this Agreement.

(b) With respect to PCII I hereby assign to the entity owning the PCII and the United States Government, all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of PCII not consistent with the terms of this Agreement.

10. This Agreement is made and intended for the benefit of the United States Government and may be enforced by the United States Government or the Authorized Entity. By granting me conditional access to information in this context, the United States Government and, with respect to PCII, the Authorized Entity, may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement. I understand that if I violate the terms and conditions of this Agreement, I could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, or directives applicable to the category of information involved and neither the United States Government nor the Authorized Entity have waived any statutory or common law evidentiary privileges or protections that they may assert in any administrative or court proceeding to protect any sensitive information to which I have been given conditional access under the terms of this Agreement.

DHS Form 11000-6 (08-04) Page 2

11. Unless and until I am released in writing by an authorized representative of the Department of Homeland Security (if permissible for the particular category of information), I understand that all conditions and obligations imposed upon me by this Agreement apply during the time that I am granted conditional access, and at all times thereafter.

12. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions shall remain in full force and effect.

13. My execution of this Agreement shall not nullify or affect in any manner any other secrecy or non-disclosure Agreement which I have executed or may execute with the United States Government or any of its departments or agencies.

14. These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958, as amended; Section 7211 of Title 5, United States Code (governing disclosures to Congress); Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 USC 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 USC 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are controlling.

15. Signing this Agreement does not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law.

16. I represent and warrant that I have the authority to enter into this Agreement.

17. I have read this Agreement carefully and my questions, if any, have been answered. I acknowledge that the briefing officer has made available to me any laws, regulations, or directives referenced in this document so that I may read them at this time, if I so choose.

DEPARTMENT OF HOMELAND SECURITY

NON-DISCLOSURE AGREEMENT

Acknowledgement

I make this Agreement in good faith, without mental reservation or purpose of evasion. Signature: Date:

WITNESS:

Signature: Date:

This form is not subject to the requirements of P.L. 104-13, "Paperwork Reduction Act of 1995" 44 USC, Chapter 35.

DHS Form 11000-6 (08-04) Page 3

Contractor Specific Regulations Handout

This exhibit outlines security requirements of Contractor Personnel granted access of any type or duration to the Federal Law Enforcement Training Center (FLETC) to ensure effective and continual security and safety at all FLETC facilities. These requirements apply to all persons entering, transiting, working upon, or departing FLETC facilities (i.e., FLETC/Glynco, GA; FLETC/Artesia, NM; FLETC/Charleston, SC; and FLETC/Cheltenham, MD) for any reason; and any other applicable properties or facilities owned, leased, or otherwise controlled or administered by the FLETC.

The security procedures described herein contains security elements including, but not limited to, Physical Security, Personnel Security, Operations Security, and Administrative Security under the authority of the FLETC Office of Security and Emergency Management (SEM). Adherence to this layered security approach is mandatory and is for the protection of all persons, property, and sensitive information. All references to FLETC manuals, directives, or higher headquarters instructions are intended as the most current versions.

These security elements apply to all Contractor Personnel who access any FLETC facility or location for whatever reason. The term “Contractor Personnel” means all contractors, subcontractors, their employees and representatives.

BUILDING/AREA SECURITY AND ACCESS

DEFINITIONS:

A. FLETC Facility is defined as any training site under the administrative and operational control of the FLETC.

RESPONSIBILITIES: It is the responsibility of the FLETC to provide effective building/area security and access control for all personnel and property.

A. Contractor Supervisors/Managers. All Contractor supervisors/managers will ensure that subordinate personnel and staff adhere to the requirements of this manual, as applicable. These personnel are responsible for:

· Ensuring that senior and supervisory level ownership of building/area security and access is established and maintained.

· Ensuring controlled access to their respective assigned buildings and areas.

· Maintaining close control and accountability over the keys and combinations assigned to them for building/area security and access.

· Coordinating any requests for additional security services involving building/area access control, to include issues having enterprise-wide ramifications, through the COR.

· Providing effective emergency access by ensuring the site-specific Lock and Key Control Officer is provided with duplicate keys to all applicable locks.

· Ensuring areas required for classified national security information, weapons, ammunition, explosives, controlled substances and/or other security interests are coordinated with the COR to ensure strict control.

· Designating personnel to respond for emergency building/area access assistance to the SEM/PHY and/or the applicable Field Site Security Officer.

B. All Contractor Personnel. All Contractor Personnel will adhere to the requirements of this manual, as applicable. These personnel are responsible for:

· Ensuring assigned buildings, areas, and security interests are secured at the end of the business day.

· Ensuring control and accountability of assigned keys and combinations providing access to building/security areas.

· Ensuring they properly wear their FLETC identification badges in accordance with FLETC procedures to aid in ensuring only authorized personnel are allowed access to FLETC facilities, buildings and areas.

PROCEDURES:

A. Building/Area Security.

· All FLETC facilities, buildings, and areas will be designated as or in one of the following types of security areas: Property Protection Area (PPA), Limited Area (LA), or Exclusion Area (EA).

i. PPA. A PPA is established to protect government-owned property against damage, destruction, or theft and also to protect sensitive but unclassified (SBU) information. Examples of PPAs are the general areas within a FLETC site’s perimeter fence, property storage warehouses, offices, classroom buildings, etc.

ii. LA. An LA is a security area designated for the protection of classified national security information, weapons, explosives, ammunition, pyrotechnics, controlled substances, and other critical security interests. Examples of an LA include buildings/areas designated for the use and storage of classified national security information, weapons storage, etc.; and vaults containing controlled substances.

iii. EA. An EA is a security area in which an individual’s mere presence may result in access to classified matter. Examples of an EA are a Secure Compartmented Information Facility and an area approved for open storage of classified national security information.

B. Security of Buildings and Areas.

· Both exterior and interior (where possible) doors of buildings must be secured at the close of the business day for those buildings not occupied and/or in use.

· All buildings, areas, vaults, vault-type rooms, and security containers and other storage facilities containing classified national security information, weapons, explosives, ammunition, pyrotechnics, controlled substances, and other security interests must remain secured when not in use. For the purposes of this requirement, “in use” is under the actual physical control of authorized personnel.

use.

All areas, offices, and/or storage containers containing SBU information must be secured when not in

· The FLETC Security Police will conduct after hours exterior security checks of general areas, buildings, site-specific interior and other security interests, under the terms of the current Security Police contract.

C. Building /Area Access.

· Access to FLETC facilities, buildings, and areas will be allowed to authorized individuals only.

· Access to other personnel not regularly assigned to buildings/areas must be in accordance with all applicable FLETC directives and be coordinated through FLETC SEM and/or the site-specific File Site Security Officer (FSSO).

· After hours or other approved access to FLETC buildings/areas to which authorized personnel do not have keys and/or combinations must be coordinated in advance with the COR.

· Keys and combinations providing access to buildings and areas will be issued in accordance with all applicable FLETC directives.

D. Emergency and After Hours Building/Area Access.

· FLETC/Glynco, Georgia. Emergency access service may be obtained by calling FLETC SEM and requesting the required service. After normal working hours, emergency requests must be directed to the FLETC Security Police at 912-267-2461.

· FLETC/Artesia, New Mexico. Emergency access service may be obtained by calling the FLETC/Artesia FSSO and requesting the required service. After normal working hours, emergency requests must be directed to the FLETC Security Police at 575-748-8136.

· FLETC/Cheltenham, Maryland. Emergency access service may be obtained by calling the FLETC/Cheltenham FSSO and requesting the required service. After normal working hours, emergency requests must be directed to the FLETC Security Police at 301- 877-8400.

· FLETC/Charleston, South Carolina. Emergency access service may be obtained by calling the FLETC/Charleston FSSO and requesting the required service. After normal working hours, emergency requests must be directed to the FLETC Security Police at 843-974-6305.

FIREARMS AND AMMUNITION

A. FLETC Facility is defined as any training site under the administrative and operational control of the FLETC.

B. Firearms are defined as any operable or inoperable gun, to include: revolvers, pistols, semi-auto handguns, shotguns, automatic firearms/guns, air pistols and rifles, BB/pellet and cap guns. This also includes Practical Exercise and Laser Guns as defined below.

C. Weapons are any device capable of propelling darts or arrows, such as operable bows (re-curve, compound or cross), launcher devices (used to launch gas/pepper/stun grenades) and knives, other than pocket knives with blades of four inches or less.

D. Ammunition describes a cartridge or family of cartridges, including blank ammunition and Non-Lethal Training Ammunition (NLTA), intended for use in various types of firearms identified herein.

RESPONSIBILITIES:

A. FLETC and PO Contracting Officers (COs) and Contracting Officers Representatives (CORs). All FLETC and PO COs and CORs will ensure that contractor personnel adhere to the requirements of this manual, as applicable.

B. Contractors. All contractor personnel will adhere to the requirements of this manual, as applicable.

PROCEDURES:

E. General.

· Signs advising of the policy on introduction of firearms or weapons onto FLETC facilities will be prominently posted at all installation entrances. Upon entering any FLETC facility, ALL personnel must declare possession of any firearm or weapon and/or ammunition to the appropriate security personnel at that site.

· It is the policy of the FLETC that personnel are prohibited from bringing personal (non-government issued) firearms/weapons onto any FLETC facility.

o Visitors authorized by federal or state permit to carry a firearm on their person or in their vehicle must make alternate storage arrangements for the firearm/weapon prior to entry to a FLETC site.

· If a person is carrying or transporting a personal firearm/weapon not authorized by the provisions of FM 70-09.J, Firearms and Ammunition, and/or FM 71-01, Physical Access Control, access to the FLETC facility will be denied until alternative storage arrangements for the firearm/weapon have been made.

· Commercial vendors approved through the FLETC vendor demonstration procedures may introduce firearms/weapons/ammunition for demonstrations and review by the FLETC. The Chief, Firearms Division

(FAD) at the respective FLETC sites will be responsible for escort and/or transport of these firearms to and from the appropriate FLETC Range.

IDENTIFICATION BADGES, CREDENTIALS, AND SHEILDS

A. FLETC Identification Badges – Official FLETC ID devices issued to all persons authorized long and short term access to a FLETC facility (i.e., FLETC or Partner Organization (PO) Personal Identity Verification (PIV) card, non-PIV FLETC ID badge (e.g., FLETC or PO Staff badge, FLETC or PO Temporary Staff badge, Frequent Visitor badge, Contractor badge, etc.) are considered sensitive and controlled items.

B. DHS/FLETC Credentials – Official DHS/FLETC ID devices (non-Law Enforcement Officer (LEO) and LEO credentials) that are uniquely serial-numbered; that display official FLETC personnel titles; the signatures of the Secretary, DHS, and the bearer; and a photograph of the bearer; that are issued to authorized FLETC Federal staff members that meet specific criteria. These official ID devices are considered sensitive, controlled, and accountable items.

C. Long-Term Physical Access. Physical access required on FLETC sites/facilities for extended periods, but not less than six months.

D. Short-Term Physical Access. Physical access required on FLETC sites/facilities for short and intermittent periods, but not longer than six months.

RESPONSIBILITIES:

C. FLETC and PO Contracting Officers (COs) and Contracting Officers Representatives (CORs). All FLETC and PO COs and CORs will ensure that contractor personnel adhere to the requirements of this manual, as applicable.

· Ensure that Contractor supervisors retrieve issued FLETC Contractor ID badges from their employees who complete their assignment, resign, or have their employment terminated prior to the ID badge expiration date.

· Ensure that Contractor supervisors return all issued FLETC Contractor ID badges to the applicable FLETC and/or PO CO or COR upon termination of or completion of a contract.

· Return all retrieved issued FLETC Contractor ID badges to the FLETC Site Security Force.

D. Contractors. All contractor personnel will adhere to the requirements of this manual, as applicable.

· As applicable, ensure the safeguarding and accountability for issued FLETC ID badges.

· Immediately report the loss/theft of any issued FLETC ID badge to the respective CO or COR.

· As applicable, ensure the proper use, accountability, and return of issued ID badges in accordance with the provisions of this manual.

PROCEDURES:

F. FLETC Identification Badges.

· Issue of FLETC ID Badges. The FLETC will issue all applicable contractors, a FLETC ID badge (for long- term access or short-term access) which depicts authorized access to a FLETC facility upon meeting proof of identification and background – clearance criteria.

· Wearing of FLETC Issued FLETC ID Badges. Except as otherwise expressly provided by this handout, the issued ID badge shall be worn at all times while on all FLETC facilities. The ID badge shall be worn right-side up on the front portion of the body situated between the neck and waistline, displaying the photograph side of the ID badge, and be readily visible.

· Exceptions to the Requirement to Wear FLETC Issued ID Badges. The ONLY EXCEPTIONS to the requirement to wear issued FLETC ID badges are:

i. Those persons engaged in individual physical exercise activities inside of the FLETC Sites’ buildings that are officially designated for physical training while wearing the issued FLETC issued physical training uniform.

ii. Those persons engaged in group physical activities (i.e., scheduled student physical exercise/training activities) inside and outside of the FLETC sites’ buildings that are officially designated for physical training while wearing the FLETC issued physical training uniform and in the presence/control of FLETC and/or PO instructional staff.

iii. Those persons engaged in physical, work-related activities and/or a supervised, authorized training laboratory or practical exercise scenario where wearing an issued ID badge may jeopardize an individual’s safety or negatively impact the training laboratory or scenario. However, all such persons must carry their issued ID badge on their person, readily available for presentation upon request.

1. For the purposes of Contractor Personnel performing FLETC and PO work-related activities, this exception shall apply to them as well only while actually conducting such work and where open display of the ID badge may jeopardize an individual’s safety. However, all Contractor Personnel must carry their issued ID badge on their person, readily available for presentation upon request.

iv. Those persons engaged in personal, unscheduled (i.e., before work, during work hours, lunch, after work) and individual physical training/exercise outside of the FLETC Sites’ buildings that are officially designated for physical training while wearing or not wearing the FLETC issued physical training uniform, shall wear their issued ID badge or carry their FLETC issued ID badge on their person, readily available for presentation upon request.

v. Return of Issued FLETC ID Badges. Upon completion of official business with the FLETC, the bearer of a FLETC ID badge shall return their issued badge to the FLETC. Upon completion of contract work, all contractors will return their FLETC ID badge during the checkout process to their contractor supervisor, who will then be responsible for returning ID badges en masse to the FLETC Security Force at the respective FLETC Visitor Control Center for accountability. In addition, contractor ID badges are to be immediately turned over to an authorized FLETC official upon being officially notified that he/she is no longer authorized to possess it.

· Loss or Theft of a FLETC Issued ID Badge. The loss/theft of an issued ID badge will be reported to the FLETC Site Security Force at the appropriate FLETC facility immediately upon discovery of the loss and an Incident Report completed to document the loss/theft.

i. A Be-On-the-Lookout notice (BOLO) will be submitted for the lost/stolen ID badge to the FLETC Security Forces and posted at all FLETC sites’ access control points to ensure it is not used for unauthorized entry.

ii. NOTE: For more specific FLETC ID badge requirements, refer to FLETC Manual (FM) 71- 01, Physical Access Control.

G. Accountability of DHS/FLETC Issued Identification Badges.

All issued FLETC ID badges are sensitive, controlled, and accountable items. Physical accountability of issued ID badges is conducted by the bearer. Accountability tracking of issued ID badges by a badging data base is conducted by the SEM/PHY and the applicable Field Site Security Officer for the FLETC Field Sites.

At all times, FLETC maintains proprietary ownership of FLETC-issued ID badges. FLETC SEM may demand accountability from FLETC Federal and Partner Organization Staff members, and Contractor Personnel at any time.

PHYSICAL ACCESS

A. Foreign Nationals (FNs) with Lawful Permanent Resident (LPR) Status. A non-U.S. citizen who has been officially granted immigration benefits, which include permission to reside and take employment in the U.S.

B. Long-Term Physical Access. Physical access required on FLETC sites/facilities for extended periods, but not less than six months.

C. Personal Identity Verification (PIV) Card. A Government-wide identification (ID) card which provides for a standardized, secure, and reliable form of ID issued by the Federal Government to its employees and contractor personnel, and approved physical and logical (information technology systems) access.

D. Short-Term Physical Access. Physical access required on FLETC sites/facilities for short and intermittent periods, but not longer than six months.

E. Service Dog. A guide dog or signal dog individually trained to do work or perform tasks for the benefit of an individual with a disability.

RESPONSIBILITIES:

A. FLETC and PO Contracting Officers (COs) and Contracting Officers Representatives (CORs). All FLETC and PO COs and CORs will ensure that contractor personnel adhere to the requirements of this manual, as applicable.

B. Contractors. All contractor personnel will adhere to the requirements of this manual, as applicable.

PROCEDURES:

A. Physical Access Control. To ensure the well-being of all persons while they are on FLETC sites/facilities, and the protection of all property and sensitive information thereon, policies and procedures have been developed to control physical access to the facilities. Procedures for the physical access and control of persons at all FLETC sites/facilities are based on the purpose and the length of time the physical access is needed. All permanent physical access is issued from the applicable FLETC Site Visitors Center. All FLETC issued physical access control documents (badges, passes, etc.) are required to be returned upon termination of official business or visit. All students, FLETC staff, PO staff, contractors, and visitors are required to obtain authorized admission to FLETC facilities in accordance with applicable procedures documented in this manual.

· Issue of FLETC ID Badges for Long Term Physical Access. Two forms of ID (e.g., driver’s license; social security card; passport; Department of Defense ID card; Federal, state, or local agency issued ID card; birth certificate, voter registration card, etc.; one of which must be a picture ID) are required for the issue of a long term physical access (over six months) FLETC ID badge (i.e., PIV ID card, non-PIV ID badge, FLETC or PO Temporary Staff ID badge, Frequent Visitor badge, FLETC Retiree ID badge.). (NOTE: The only exceptions to this two ID requirement are for the issue of Frequent Visitor ID badges to FLETC and PO staff minor (less than 16 years of age) family members (no form of ID is required).

a. Contractors. Contractor Personnel seeking physical access to the FLETC facilities shall complete a FTC-SEM-17 and submit through the applicable FLETC and/or PO CO, COR, or other Federal staff sponsor, to the applicable FLETC Visitors Center. The expiration date of the Contractor ID badge is determined by SEM’s Physical Security Branch (SEM/PHY) or a FLETC Field Site’s Field Site Security Officer (SEM/FSSO), based upon contract requirements. Contractor supervisors are responsible for retrieving FLETC- issued Contractor ID badges from their employees who complete their assignment, resign, or have their employment terminated prior to the ID badge expiration date. Contractor supervisors are responsible for returning all Contractor ID badges to the applicable FLETC and/or PO CO or COR upon termination of or completion of a contract.

b. FNs. FN FLETC and PO Staff, Frequent Visitors, Contractors (with or without LPR status) seeking long term physical access to the FLETC facilities shall complete FLETC form FTC-SEM-17 and submit through the respective FLETC and PO Federal sponsor to the applicable Visitors Center.

i. In addition to the requirements of the paragraphs above, long-term physical access for FN FLETC and PO staff (including Temporary staff), Contractors, and Frequent Visitors, must be properly coordinated with and authorized by the FLETC Internal Security Program Chief (SEM/INS), at least ten business days for FNs with LPR status and at least 30 business days for FNs without LPR status, prior to physical access being granted.

ii. For full information and requirements to allow FH/LPR contractor personnel access to the FLETC, review Employment and Prime Contractor Requirements for Non-U.S. Citizens under Section H of the contract.

· Issue of FLETC ID Badges for Short Term Physical Access. Two forms of ID (e.g., driver’s license; social security card; passport; Department of Defense ID card; Federal, state, or local agency issued ID card; birth certificate, voter registration card; one of which must be a picture ID) are also required for the issue of a short-term physical access (less than six months) FLETC ID badge (i.e., Student ID badge, non-PIV FLETC Staff ID badge, FLETC or PO Temporary Staff badge, Day Pass, Temporary Pass, etc.).

a. Day Pass for Vendors. For vendors (contractors, consultants, etc.) providing the FLETC with authorized and necessary services of an immediate and pressing nature, the FLETC Federal office or agency involved is required to sponsor the vendor and is responsible for the vendor(s) actions while on a FLETC facility. The FLETC or PO Federal sponsor will provide the name, company, and confirmation of U.S. citizenship to the applicable FLETC Visitors Center. Such physical access is restricted to one day in length. Should longer physical access be required then completion of FLETC form FTC-SEM-17 is required. (NOTE: Day Pass physical access is strictly the exception and not the norm. Day Pass physical access for any FNs, including LPRs, is strictly prohibited.)

b. Infrequent Vendor Deliveries. Vendors making infrequent deliveries such as freight items, etc., will be issued a Temporary Vehicle Pass and Temporary Visitor’s Badge. Physical access will not be permitted unless the vendor presents a formal bill of lading, confirmation of an order, or the applicable Federal FLETC, PO, and/or agency customer is contacted and the physical access requirement is verified. Physical access will be restricted to the delivery point and upon completion of the delivery the vendor must exit the facility without any intermediate stops, returning the Temporary Vehicle Pass and Visitor Badge at a FLETC gate post as they egress.

c. Frequent Vendor Physical Access. Vendors requiring frequent and regular physical access (e.g., food deliveries, taxis, shuttle services, etc.) are considered to be contractors and must meet the physical access requirements outlined in this instruction.

i. FN vendors requiring frequent and regular physical access (e.g., food deliveries, taxis, shuttle services, etc.) are considered to be contractors and must meet the additional physical access requirements for FNs outlined in this exhibit and Section H of the contract.

B. Contractor Sponsorship of Guests. Contractors on any FLETC facility are prohibited from sponsoring a badge application for a person to gain entry to FLETC.

C. Employment Applicants. Persons seeking employment as contract personnel on any FLETC facility will be placed in contact with the specific contractor who will arrange for an interview or meeting to take place at the applicable Visitors Center or other location outside the FLETC facility perimeter.

D. Additional Restrictions. Additional restrictions related to the physical access of persons at all FLETC facilities may be employed at a FLETC facility based upon FLETC and the DHS National Terrorism Advisory System’s (NTAS) current threat level.

E. Trade or Business on Center. Unless authorized by the Office of the Director or higher authority, no contractor personnel, either for himself/herself or for another, will engage in trade or business on any FLETC facility or introduce any article for purposes of trade within or sale thereof business on any FLETC facility or introduce any article for purposes of trade within or sale thereof (e.g., a personal business such as selling magazines, kitchen products, cleaning products; a mobile vehicle cleaning and detailing service; selling privately owned vehicles, motorcycles, and boats, etc.).

F. Cases Not Covered Herein. The issuance of FLETC ID badges or pass requirements not covered by this manual will be at the discretion of the FLETC Chief Security Officer (CSO), SEM Physical Security Program Chief, Field Site Security Officers, or any SEM Program Chief acting in an authoritative capacity, and be considered on an individual case by case basis.

G. Ingress/Egress. Except as listed below, all vehicles and persons entering/exiting FLETC properties will be controlled by FLETC Security Force personnel assigned to the respective physical access points on the facility.

a. Contractor personnel shall not enter the FLETC outside their normal work hours unless authorized individuals (the applicable CO or COR) make prior notification to the SEM/PHY and/or the Field Site Security Officer, as applicable.

b. The FLETC Security Force, SEM/PHY personnel, FLETC Office of Professional Responsibility (OPR) agents, or those FLETC personnel possessing U.S. Marshals Service (USMS) Special Deputy Appointment and/or USC Title 40, Section 1315 LE authority, will/may make visual identification verifications and inspections of all personnel entering FLETC property.

c. All registrations and badging procedures to allow physical access to FLETC facilities will occur inside the site’s Visitors Center.

H. Prohibition of Introduction of Firearms, Explosives, Other Weapons, and Other Contraband. While on FLETC facilities, contractors are not allowed to enter with, carry, or possess unauthorized firearms (including disassembled parts/pieces), ammunition, other weapons, explosives, or other contraband (i.e., controlled substances and illegal drugs), either openly or concealed; on their persons or in a vehicle. (NOTE: For the purposes of this policy “other weapons” are defined as: bow(s) and arrow(s), blank/pellet/BB air firearms, blow gun(s) and dart(s), and other such similar weapons.)

I. Denial and Restriction of Physical Access. The nature of the work accomplished at the FLETC requires a high standard of personal conduct, past and present. A screening process (background verification, security clearance, etc.) for personnel visitation or employment on FLETC facilities is in place. Physical access to FLETC facilities is a privilege, not a right, and any person may be denied physical access to FLETC facilities or have their physical access privileges to FLETC facilities revoked.

a. Denial of Physical Access. Individuals may have their physical access to FLETC facilities denied if they have a criminal history consisting of specific criminal convictions, their physical access is not in the best interests of the FLETC, they are officially placed in a restricted status, they receive an unfavorable adjudication of their background investigation, or they are the subject of a debarment issued by the Office of Personnel Management (OPM).

i. Criminal History. The criminal history consists of specific convictions, including, but not limited to, any felony conviction within the last six years; any misdemeanor conviction of a serious nature within the last three years, multiple misdemeanor convictions within the last six years, an active "habitual offender" classification for any violation of the law, any conviction for drug sales and trafficking activity, violence against Law Enforcement Officers (LEOs), disdain of legal authority, violations of moral turpitude (e.g., child brutality, child molestation, rape, wrongful death of another, etc.), other crimes of violence, an active arrest warrant for any of the aforementioned crimes, and/or past incidents that would reflect badly on the FLETC in the eyes of the public or that would otherwise pose a threat to the safety and security of FLETC personnel or property. The Personnel Security Officer/Program Chief, SEM/Personnel Security Program, based upon Federal, DHS, and FLETC Personnel Security Program policies and guidance, will make the determination of what constitutes a “serious” misdemeanor. The discontinuance of a "habitual offender" status will not automatically afford the individual physical access to the FLETC. A period of waiting, designated on a case-by-case basis, will be observed prior to permission being granted for physical access to a FLETC facility. (NOTE: In egregious situations, the time periods shown above may be extended or the individual may face debarment in accordance with 5 CFR 731 mandates.)

ii. Not in the Best Interests of the FLETC. Person(s) found to be engaged in activities or behaviors that are not in the best interests of the FLETC (e.g., loss of physical access sponsorship, requesting physical access without official business, involved in domestic situations or disputes, engaging in work stoppages or other disruptions, demonstrations, etc.).

b. Restriction of Physical Access. Those persons restricted from physical access to FLETC facilities are notified formally by issue of a Restriction Letter. The Restriction Letter serves as formal and official notice to the recipient that any FLETC-issued passes and/or ID badges previously issued have been rescinded and physical access has been restricted. Restriction Letters may be hand delivered to a recipient or sent to a recipient via certified mail. Any person violating the terms of a Restriction Letter is subject to prosecution for trespassing under the applicable Federal code or state criminal code in which the FLETC facility/site is physically located. The final decision to issue and rescind a Restriction Letter rests solely with the FLETC.

i. Contractor Personnel and Guests. Contractor personnel and guests are applicable to this regulation and may be issued a Restriction Letter. Contractor personnel issued a Restriction Letter are not denied an opportunity to work since they can return to work with their employing agency at a site or location other than on a FLETC facility. However, during workplace violence investigations or other investigations regarding conduct by employees or staff which is of a criminal nature or causes security or safety concerns for others, the CSO may temporarily restrict the affected personnel from unfettered physical access to FLETC property and may require FLETC Security Force escort for any authorized physical access.

J. Inspections of Persons and Vehicles.

Persons and vehicles physically entering and/or operating on FLETC facilities are subject to inspection for the safety of personnel and the security of government property, equipment, and materials and to prevent the introduction of dangerous, controlled, or illegal substances onto FLETC property. These inspections may be conducted by the FLETC Security Force; SEM/PHY, OPR, and FLETC Federal personnel possessing USMS Special Deputy Appointment and/or USC Title 40, Section 1315 LE authority.

· Individuals physically entering and operating vehicles on FLETC facilities are deemed to have consented to such inspection by entering FLETC facilities in full view of the prominently displayed notices at the entrance(s) advising of this inspection policy.

· Operators of personally owned vehicles (POVs) and government owned vehicles (GOVs) attempting to access a FLETC facility are subject to have their vehicles inspected. ALL contractor vehicles (e.g., those designated as such by signage, that carry equipment, serve as contractor supplied transportation for multiple contractor personnel, that are used as a work vehicle, etc.) attempting to access a FLETC facility are required to be inspected.

· Vehicle operators may decline such an inspection; however, their physical access onto a FLETC facility will be denied until they comply with this requirement.

· Inspections of personally owned vehicles and government vehicles may be conducted on up to a 100 percent of vehicles entering during a given time frame based upon current FLETC and/or DHS security levels and requirements, or conducted using an approved random methodology. Inspections do not necessarily have to be conducted at defined FLETC site physical access points. The inspection may be conducted at internal points onboard a FLETC facility.

· When circumstances warrant (e.g. – elevated DHS and/or FLETC security levels, during a random inspection probable cause is found that a crime is/has/will be committed, an ongoing investigation incidental to an arrest, etc.) an inspection of any person or vehicle entering, exiting, operated by, or located on a FLETC facility may be conducted by security personnel as outlined above.

WORKPLACE VIOLENCE

The FLETC maintains a “zero tolerance” position concerning acts of violence and/or threats of violence on the FLETC. Any acts of violence, to include physical attacks, property damage, direct and indirect threats, however communicated, along with any form of intimidation or harassment employed by any means, will not be tolerated and will warrant an immediate response by the FLETC's management officials with the application of the appropriate corrective action. Additionally, the FLETC ensures fair and consistent administration of this program.

A. An Act of Violence:

· Is any intentional infliction of physical harm or attempt to inflict physical harm against another or aggressive or threatening behavior which results in emotional harm or otherwise places a person's safety and productivity at risk, or deliberate tampering or damage to another’s possessions or property, including any government property; and

· Is any verbal, written, or other behavior communicated by any means to include facsimiles, computer-generated communications such as electronic mail, or in any other electronic form which a reasonable person would interpret as a threat to inflict physical harm against another or another’s possessions or property, including threats of deliberate tampering with or damage to government property.

B. Workplace Violence:

· Is any act or threat of violence committed by an employee or other person against an employee, an employee’s family member, a visitor at FLETC facilities or on FLETC property, or anyone with business or official ties to the FLETC when it occurs at a FLETC work site or when it occurs elsewhere if a reasonable person would conclude that the motivation of the perpetrator or the precipitant of the violent act was clearly related to any person's employment at the FLETC.

· Does NOT generally include other aggressive behavior which staff might engage in off duty such as domestic or other types of assault (unless the acts of violence or threats are carried over to property or facilities under the control of the FLETC such as in domestic violence situations involving defined FLETC personnel occurring in the community then continuing onto the FLETC). It also does not include harassment of others, which is not intended to threaten physical harm to another or his or her property, but is otherwise intimidating or creates an unsafe, disruptive, or hostile work environment. However, such behavior is unacceptable and will result in appropriate corrective action being taken against the perpetrator.

C. "Employee" includes all FLETC employees, students, Partner Organization and contractor personnel.

D. “Visitor” includes guests, family members of the groups identified above, visiting dignitaries and staff, customers, and suppliers.

RESPONSIBILITIES:

A. All employees are expected to interact with each other in ways which promote cooperation and mutual respect, and shall comply with the provisions of this manual.

B. Supervisory personnel and employees should be observant for the following factors, which have been identified as predictive indicators (“Red Flags”), or dangerous behaviors:

· Makes open threats against the agency and managers.

· Obsessively talks of weapons such as “I have quite a gun collection”.

· Have open episodes of aggression.

· Engages in sexually explicit conversations or written communications.

· Have had recent physical, financial or family problems.

· Inability to take criticism, overly sensitive.

· History of mental illness, criminal activity, or violent behaviors.

· Continuously tests the limits of acceptable behavior.

·…