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ORDER 1600.74A National Policy Effective Date: 07/18//13 SUBJ: Visitor Policy 1. Purpose of the Order. This order establishes the Federal Aviation Administration (FAA) visitor policy and describes the processes and procedures for visitors to access any domestic FAA owned and FAA direct-leased facilities and domestic facilities owned or leased by General Services Administration (GSA) on behalf of the FAA in the United States (U.S.) and its territories. This policy does not apply to visits by Department of Transportation (DOT)/FAA employees (government, contractor and consultants) wearing valid DOT/FAA identification (ID) media. Department of State policy shall apply for visitor access to FAA facilities located overseas as well. 2. Audience. The audience for this order is all FAA employees, contractors, other government employees and military personnel assigned to facilities that are owned, leased or controlled by the FAA. 3. Where You Can Find This Order. You can find this order on the Directives Management System (DMS) Web site https://employees.faa.gov/tools_resources/orders_notices. This order is available to the public at http://www.faa.gov/regulations_policies/orders_notices. 4. Cancellation. Upon publication, this order cancels the following: a. FAA Order 1600.74, Visitor Procedures for Federal Aviation Administration Facilities, dated November 7, 2003. b. ASH Policy Memorandum, subject: Guidance for Hosting Visits at FAA Facilities, dated April 29, 2008. 5. Related Publications and References. See Appendix A. 6. Definitions. See Appendix B. 7. Authority to Change this Order. The Assistant Administrator for Security and Hazardous Materials Safety, ASH-1, is authorized to make changes to this order that do not affect policy or assignment of responsibilities. Distribution: Electronic Only Initiated By: ASH-1

National Policy - Transportation · 2013-07-19 · 07/18/13 1600.74A 8. Explanation of Policy Changes. a. Updates the visitor procedures for foreign national visitors to FAA facilities

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Page 1: National Policy - Transportation · 2013-07-19 · 07/18/13 1600.74A 8. Explanation of Policy Changes. a. Updates the visitor procedures for foreign national visitors to FAA facilities

ORDER 1600.74A

National Policy

Effective Date: 07/18//13

SUBJ: Visitor Policy

1. Purpose of the Order. This order establishes the Federal Aviation Administration (FAA) visitor policy and describes the processes and procedures for visitors to access any domestic FAA owned and FAA direct-leased facilities and domestic facilities owned or leased by General Services Administration (GSA) on behalf of the FAA in the United States (U.S.) and its territories. This policy does not apply to visits by Department of Transportation (DOT)/FAA employees (government, contractor and consultants) wearing valid DOT/FAA identification (ID) media. Department of State policy shall apply for visitor access to FAA facilities located overseas as well.

2. Audience. The audience for this order is all FAA employees, contractors, other government employees and military personnel assigned to facilities that are owned, leased or controlled by the FAA.

3. Where You Can Find This Order. You can find this order on the Directives Management System (DMS) Web site https://employees.faa.gov/tools_resources/orders_notices. This order is available to the public at http://www.faa.gov/regulations_policies/orders_notices.

4. Cancellation. Upon publication, this order cancels the following:

a. FAA Order 1600.74, Visitor Procedures for Federal Aviation Administration Facilities, dated November 7, 2003.

b. ASH Policy Memorandum, subject: Guidance for Hosting Visits at FAA Facilities, dated April 29, 2008.

5. Related Publications and References. See Appendix A.

6. Definitions. See Appendix B.

7. Authority to Change this Order. The Assistant Administrator for Security and Hazardous Materials Safety, ASH-1, is authorized to make changes to this order that do not affect policy or assignment of responsibilities.

Distribution: Electronic Only Initiated By: ASH-1

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8. Explanation of Policy Changes.

a. Updates the visitor procedures for foreign national visitors to FAA facilities.

b. Adds policy and procedures for hosting visits by Federal executives, other State and local government officials, foreign dignitaries and Heads of State.

c. Revises policies and procedures for identity verification of visitors to comply with the Public Law (PL) 109-13, 119 Statute 302, REAL ID Act of 2005.

d. Revises roles and responsibilities to reflect new policies and procedures for hosting visitors at FAA facilities.

e. Provides required policies and procedures for cooperating with law enforcement agencies (LEAs) and process servers.

9. Background. The FAA’s continuing mission is to provide the safest, most efficient aerospace system in the world. To accomplish this, the agency promotes academic and industry partnerships. The agency also has a keen interest in international cooperation in the research, development, and acquisition of aviation systems and technologies that enhance aviation safety. These efforts involve official and unofficial visits by a wide range of people including U.S. persons (i.e., U.S. citizens and U.S. nationals), foreign nationals, and foreign representatives. This unique environment of sharing technology and exchanging information creates the risk of compromise of classified national security information and sensitive unclassified information and operations. Foreign nationals pose an additional risk of compromise of export-controlled information and technologies. FAA officials and employees must understand the risks and how to protect the national airspace system and controlled information while supporting cooperative efforts.

10. Scope. This order applies to all domestic FAA-owned and direct-leased facilities and domestic facilities owned or leased by GSA on behalf of the FAA in the U.S. and its territories. Facility managers should also refer to the latest edition of FAA Order 1600.69, FAA Facility Security Management Program (FSMP), for other visitor access control requirements/restrictions. Persons conducting official/routine business to an Automated Flight Service Station (AFSS), Aircraft Certification Office (ACO), Manufacturing Inspection District Office (MIDO), Manufacturing Inspection Office (MIO), Manufacturing Inspection Satellite Office (MISO), Certification Management Office (CMO), Certificate Management Unit (CMU), Flight Standards District Office (FSDO), or Flight Standards Field Office (FSFO) regardless of the visitor’s nationality are authorized to access the public areas of those facilities (e.g. the entrance vestibule or entrance lobby). If access to non-public spaces is required, including conference rooms/facilities that are located in a non-public portion of the FAA space, then the visitor access procedures of this order must be followed. Any conflicting guidance contained in this order and any other applicable DOT/FAA Order or Directive will be referred to the ASH Servicing Security Element (SSE) for resolution.

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11. Roles and Responsibilities.

a. Office of Security and Hazardous Materials Safety, ASH:

(1) Ensures visits to FAA facilities comply with the requirements of this order, other applicable orders, directives, and the FAA Acquisition Management System (AMS), on behalf of the Administrator.

(2) ASH has the final authority concerning visitor access to FAA facilities.

b. Office of Security, AIN:

(1) Conducts agency checks on foreign national visitors, as appropriate.

(2) Verifies investigative information on persons from other agencies who visit FAA facilities, as appropriate.

(3) Notifies the Office of International Affairs, API, and the responsible SSE on the status of all foreign national visitor requests.

c. Office of Emergency Operations, Communications, and Investigations, AEO:

(1) Provides timely threat assessments to assist the SSE in determining appropriate security measures to be implemented during a visitor’s access to an FAA facility, when requested.

(2) Obtains additional information to resolve questionable information developed during the agency check.

(3 Coordinates with Federal law enforcement and intelligence agencies on national security matters involving known or suspected foreign intelligence services, agents of a foreign power, and malicious or opportunistic insider threats.

(4) Reviews all foreign national visit requests that may involve the disclosure or inadvertent compromise of export-controlled or International Traffic in Arms Regulations (ITAR) restricted information or technology.

d. Servicing Security Elements (SSE):

(1) Ensures service area/region/center compliance with the policies and procedures established by this order and work with their assigned facilities to ensure each facility has viable visitor control policies and procedures.

(2) Notifies ASH-1, ASH-2 and AIN-1 of any high level protocol visits (HLPV) to any FAA facility within their assigned area of responsibility.

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(3) Uses the automated International Visitors Program (IVP) to review all foreign national visitor requests and provides approvals and denials within their area of responsibility.

e. Office of the Chief Counsel, AGC:

(1) Reviews all foreign national visit requests that may involve the disclosure or inadvertent compromise of export-controlled information or technology.

(2) Determines, based on the information in the visit request, whether the proposed visit would be consistent with export laws, regulations, and policies.

f. Office of Government and Industry Affairs, AGI: Provides guidance on visits by congressional and high profile government officials.

g. Office of Communications, AOC: Coordinates and approves any official communications, media coverage, pamphlets, etc., as necessary concerning visitors to FAA facilities.

h. Office of International Affairs, API:

(1) Coordinates all visits by foreign nationals to FAA facilities and ensures completion of the visit requests through the IVP.

(2) Submits all foreign national visit requests to AIN and the responsible SSE.

(3) Notifies AIN and the SSE of all foreign national visit request cancellations immediately after receiving the cancellation notification.

i. FAA Facility and Office Managers:

(1) Establishes and implements proper visitor control procedures that comply with this policy for their facility(ies) and area(s) of responsibility(ies). The procedures must include the facility/office manager approval process and delegation of visitor approval authorities, if any. The procedures must also include a process to validate whether a foreign national visit request is required.

(2) Ensures all site specific visitor approval and visitor handling procedures are included in the site’s Facility Security Plan and approved by the SSE in accordance with FAA Order 1600.69.

(3) Notifies their assigned SSE and the appropriate executive(s) within their respective Line of Business/Staff Office (LOB/SO) of any visit request by DOT executives, other Federal, State, and local officials, foreign dignitaries and Heads of State.

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(4) Notifies the responsible SSE of any foreign national or legal permanent resident (LPR) visitor request.

(5) Notify AGI, AOC and the respective regional administrator/center director of any visit requests by U.S. Senators and Members of the U.S. House of Representatives; Governors, elected State officials and local government officials; and declared candidates for elected offices during the election cycle; and, staff of these officials. Note: Air Traffic Organization (ATO) facility managers must also notify the ATO Congressional Communications Office, AJC-1.

j. FAA Employees:

(1) Adheres to and implements the policies contained within this order.

(2) Curtails immediately a visitor’s access and notify their supervisor, office manager, and their responsible SSE when circumstances change or arise that could possibly compromise information, systems, and operations.

(3) Addresses and assists immediately a visitor back to their escort when encountered, or reports the unescorted visitor immediately to their supervisor or security officers where they are present.

12. Policy. The following policy applies to all FAA facility visits. Additional guidance for hosting visits by Federal executives, State and local government officials, foreign dignitaries and Heads of State visits to FAA facilities is located in Appendix C. Additional guidance for hosting visits by foreign nationals to FAA facilities is located at Appendix D. Guidance for cooperating with LEAs and process servers is located at Appendix E.

a. U.S. persons may be allowed access to FAA facilities without prior SSE approval when the visit does not involve circumstances or information described under paragraph 14, Visits Requiring Access to Classified National Security Information (CNSI), Areas and Equipment, and if the facility manager approves the visit and ensures compliance with the security requirements of this order and all applicable FAA orders and directives. Any conflicting guidance contained in this order and any other applicable DOT/FAA order or directive will be referred to the SSE for resolution.

b. LPRs may visit FAA facilities if both the facility manager and SSE approves the visit. The SSE must verify the visitor’s status with the U.S. Citizenship and Immigration Services and advise the requestor of the decision. The SSE and facility manager may approve the LPR visitor for a period of up to one year.

c. All visitors (both official and unofficial, including family members) must be sponsored by an FAA employee and approved by the facility manager/office manager. Occupational Safety and Health Administration (OSHA) inspectors, Air Traffic Safety Inspectors, the Inspector General (IG), etc., visiting an FAA facility on official business shall be granted access to the facility. However, the facility manager/office manager is required to verify their identity and ensure that a bona fide need has been established for the individual to visit the facility. If the visitor’s identity cannot be verified or a bona fide need established, then the visitor must be

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denied access to the facility. If any visitor is denied access, contact the SSE immediately and provide all the information collected about the denied visit request. Local procedures for visitor handling must be defined in the site’s Facility Security Plan (FSP).

d. All visitors must be identified either through current government issued ID such as a driver’s license, or personal recognition for family members under 18 years old that may not have an ID. The government issued ID must be current (not expired), legible and have a clear picture of the individual.

e. The following are acceptable forms of ID for visitors:

(1) U.S. passport,

(2) Foreign passport,

(3) Permanent resident card or alien registration receipt card,

(4) Driver’s license or ID card issued by a State or territory. When implemented, the license or ID must be REAL ID Act compliant,

(5) U.S. Military ID Card or Dependent’s ID Card, or

(6) Other Federal government-issued ID badge.

f. All visitors must sign in on the DOT/FAA Visitor Register, FAA Form 1600-8 (or SSE approved equivalent) providing all required information (See Appendix F for a copy of the form). Minors without ID will be signed in by their guardian to document their presence at the facility. This includes minors that may be accompanying an FAA employee to their workplace for a special event or to visit the facility. If there is a large group of visitors, the visitor’s information may be filled in prior to the visit. However, the visitor must sign next to their information to confirm their presence at the facility and verify that their information is correct.

g. All visitors to facilities with ten or more persons assigned are to be issued and are required to wear approved FAA visitor ID media. The visitor ID media must be worn above the waist and below the neck in the front of their person on the outermost garments. The sponsor is responsible for ensuring the FAA visitor ID media is turned in at the completion of the visit or at the end of each day, whichever is earlier. Facilities should contact their SSE to obtain instructions on obtaining approved FAA visitor ID media.

h. All visitors must be assigned a sponsor and must be escorted at all times while in an FAA facility or on FAA facility grounds. Escorts must maintain visual and voice control of all visitors at all times.

j. The facility manager must ensure a sufficient number of knowledgeable escorts are assigned to each visitor group in order to properly monitor and control visitor conduct and movement. The facility manager may limit the number of visitors to minimize any adverse impact on facility operations.

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k. Visitors are restricted from the use of cameras (including cellular phone cameras) and recording devices during their visit unless approval has been granted by the facility manager and SSE. However, the sponsor may provide for or allow courtesy photographs with the visitor(s) in executive offices or reception/conference areas without prior approval provided that the areas are cleared of any classified and controlled/sensitive unclassified information (SUI) and indicators of sensitive activities.

l. Sponsors, escorts and all FAA employees must not allow visitors access to any FAA information technology (IT) or National Airspace System (NAS). This includes access to computers, computer networks, NAS operational systems (e.g., radio communications equipment, RADAR, etc.).

m. All visitors are subject to inspection while in or on FAA property. At facilities where security officers are present, visitors must be screened using equipment listed in FAA Order 1600.69.

n. At facilities where security officers are not present, visitors will be discouraged from bringing in any item unless it is deemed necessary for the visit such as a briefcase, toolbox, etc. Upon exit of the facility, visitors should be reminded to gather up and remove all of the items that they brought into the facility when they arrived.

o. If a suspicious item is discovered during an inspection or if a visitor refuses an inspection, the visit will be cancelled and the visitor denied access to the facility. If the suspicious item discovered during an inspection poses a perceived imminent threat, appropriate first responders (e.g., law enforcement) should be contacted immediately with follow-up notification to the SSE. In all instances of denied visits or suspicious item discovery, the facility manager must notify the SSE and complete an incident report. If the visitor is part of a larger group visiting the facility, then the facility manager will need to determine if the rest of the group may proceed with the visit or if the entire group should be denied access to the facility.

p. Although a visitor may be granted access to a FAA facility, they must still be restricted from accessing sensitive information or operations. Information access must be commensurate with the purpose of the visit and be considered before the visit is approved. Procedures must be instituted that eliminate any casual access to sensitive information or operations during a visit.

q. If a visitor is denied entry for any reason(s), as much of the following information as possible must be noted and documented prior to asking the visitor to leave and provided to the SSE:

(1) The identity of the denied visitor by logging their ID, such as, state issued driver’s license, or passport.

(2) The license plate number, issuing state, and expiration date of the denied visitor’s vehicle;

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(3) Other characteristics of the visitor’s vehicle: make, model, and color;

(4) The physical characteristics of the visitor(s) including, but not limited to, the estimated height and weight, hair color, and any other distinguishing features (e.g., scars, tattoos);

(5) The name of the organization the denied visitor claimed to represent and the stated purpose of the visit;

(6) If applicable, the denied visitor’s sponsor’s name, organization and routing symbol, and phone number; and

(7) Any other pertinent information.

13. Visits Requiring Access to Classified National Security Information (CNSI), Areas and Equipment.

a. U.S. persons on official business at FAA facilities may be allowed access to CNSI, areas and equipment only after the visitor has been vetted by the SSE to determine the level of CNSI the visitor may access. The requestor/sponsor must provide their SSE with the proposed visitor’s name, social security number, and agency ID at least ten working days before the visit. The SSE will conduct the required agency verifications and advise the requestor/sponsor of the level of CNSI the visitor is cleared to access.

b. Unless approved by the SSE no visitor, including students will be allowed access to:

(1) Any area where access will subject CNSI or communications security (COMSEC) materials or equipment to possible compromise.

(2) Any facility or area actively supporting classified military operations.

(3) Any facility or area where sensitive civil operations are underway and access will compromise sensitive but unclassified information or proprietary business information.

c. Visits requiring access to CNSI will only be authorized if they are also in full compliance with the provisions of the current editions of FAA Orders 1600.72, 1600.1, and 1600.2.

14. Authorized Exceptions to Visitor Entry and Escort Procedures

a. Emergency response agencies, such as fire, ambulance, and police, who are responding to an emergency, will be allowed unescorted access to FAA facilities and property to resolve the emergency. However, these personnel should be escorted if the nature of the incident permits and their identities verified and logged when they are preparing to depart.

b. There are no additional restrictions placed on utility personnel who are issued keys to remote sites for maintenance purposes. These personnel, such as a telephone company employee

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who has been issued a key to make repairs at an Air Route Surveillance Radar (ARSR), must check in with the facility manager, or their representative, prior to entering the facility and notify them when they depart. These procedures must be detailed in the FSP.

c. The facility manager may allow bonded non-emergency maintenance and delivery service personnel who are considered exempt from the investigative requirements outlined in FAA Order 1600.72, unescorted access to FAA facilities.

d. The facility manager may, under very controlled conditions and contingent upon SSE concurrence, allow a visit to proceed if all of the requirements of a visit are not met. An example includes observance and participation in national programs and special events such as “Bring Your Children to Work Day”.

e. Students Attending Courses at an FAA Facility. Prior to admittance and attendance as a student at the MMAC, or any other FAA facility, the following policies apply:

(1) Students who are U.S. persons will be provided access to FAA facilities without prior SSE approval. Students who are LPRs will be provided access to FAA facilities if the facility manager and SSE approve the visit. Foreign national students must follow the approval process listed in Appendix D.

(2) All students must be provided a letter of acceptance signed by an FAA official to attend the course.

(3) All students must present an acceptable form of ID as outlined in paragraph 13.e. above and be issued an acceptable form of FAA ID media as defined in FAA Order 1600.78 for the duration of the course. This ID media must be returned at the end of the course.

(4) Students do not require a continuous escort, but the restrictions outlined in paragraph 13 apply with the exception of paragraph 13.h.

f. North American Aerospace Defense (NORAD) Command personnel on official business who are foreign nationals are exempt from the foreign national visitor approval procedures contained in Appendix D.

(1) Facility managers will notify API and the responsible SSE of visits by foreign national NORAD officials prior to the visit. If possible, notification should be made by email and take place at least 24 hours in advance of the visit.

(2) No specific advance notification and timeframe is required unless the visit involves access to CNSI. In this case the procedures contained in paragraph 14 above apply.

(3) NORAD officials will be provided the facility access required to complete their task(s) after producing Department of Defense (DOD) or NORAD photo ID.

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15. Forms Retention. All forms, information and documentation required and obtained to process visitors including visitor's requests must be kept on file for a minimum of one year after the visit. These documents may be kept electronically. If there is an incident pending regarding a visitor or any incident that a visitor may be associated with or have knowledge of, the forms should be kept until the incident has been resolved.

Michael P. Huerts Administrator

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07/18/13 1600.74A Appendix A

Appendix A: Related Publications and References

1. Code of Federal Regulations (CFR)

a. 15 CFR Parts 730 through 744, 746 – Export Administration Regulations. These are the regulations relating to commerce and foreign trade.

b. 22 CFR Parts 120 through 130 – International Traffic in Arms Regulations. These are the implementing regulations relating to the permanent and temporary import of defense articles and services.

2. FAA Orders.

a. FAA Order 1600.1, Personnel Security Program. This order states personnel security policy under the Department of Transportation (DOT) Order DOT 1630.2, Personnel Security Management, and establishes related standards, criteria, and procedures for the FAA consistent with applicable laws, Executive Orders (E.O.), and Government-wide regulations governing the Personnel Security Program.

b. FAA Order 1600.2, Safeguarding Controls and Procedures for Classified National Security Information. This order establishes the official policies, standards, and procedures for the FAA’s Classified National Security Information (CNSI) Program.

c. FAA Order 1600.69, FAA Facility Security Management Program. This order establishes security requirements for all FAA facilities and establishes standards and procedures for facility security management, control, and safeguarding of personnel and facilities.

d. FAA Order 1600.72, Contractor and Industrial Security Program. This order establishes the contractor and industrial security program for the FAA and prescribes related policy, standards, criteria, and guidelines for security screening of contractor employee’s consistent with applicable laws, Executive Orders and government wide regulations to parallel the FAA’s personnel security program where practicable.

e. FAA Order 1600.75, Protecting Sensitive Unclassified Information (SUI). This order establishes procedures for the protection of FAA’s sensitive unclassified information.

f. FAA Order 1600.76, Sensitive Compartmented Information (SCI) Program Management. This order establishes policy and assigns organizational responsibilities and management of the Sensitive Compartmented Information (SCI) management program operated by, or originated by, the FAA, its line of businesses and its components.

g. FAA Order 1600.78, Personal Identity Verification (PIV) Card and Other Identification (ID) Cards. This Order provides basic policy governing all PIV ID Cards and other ID Cards issued and used by the FAA.

h. FAA Order 1200.14, Visits to Field Offices and Facilities by Elected Officials. This order explains the policy on visits by elected officials to FAA field facilities, regional offices, and centers (Aeronautical and Technical) including international locations.

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07/18/13 1600.74A Appendix B

Appendix B: Definitions

Acronym/Term Definition Agency Checks Checks made to Agencies that are responsible for maintaining investigation

or clearance databases. Civilian Process Server A process server not required to be licensed or is not issued any type of

credentials for the performance of their duties.

Clearance process The process used while conducting an investigation into an individual’s background for the purpose of granting access to facilities or information.

Critical Function A function that is necessary to the agency being able to effectively perform and maintain control of its missions and operations.

Employment Related Employment related means arising out of and in the course of employment. Arising out of employment means linked to, originated from, or as a result of, in part or whole, due to employment. This includes any off-duty misconduct, which the employee has an obligation to report.

Escort A person who accompanies a visitor or a visiting group to maintain control of the visitor(s), and ensure they are not permitted access to areas, information or equipment beyond the scope of their visit.

Executives Federal employee that is a member of the Senior Executive Service (SES) or is a political appointee.

Export Administration Regulations (EAR)

15 CFR Parts 730 through 744 provide guidance on information or technologies prohibited for release to foreign nationals or governments without a license.

Export-Controlled Information or Technologies

Information or technologies prohibited from release to foreign nationals or governments.

FAA Identification (ID) Media Term which encompasses all forms of FAA ID including, but not limited to, Personal Identity Verification (PIV) cards, other ID cards, credentials and badges (refer to the latest editions of Orders 1600.25 and 1600.78).

Facility Any staffed or unstaffed building, structure, grounds, warehouse, appendage, storage area, utilities, and components, that when related by function and location, form an operating entity owned, operated, controlled or occupied by FAA.

Facility Manager The highest ranking resident manager or the manager(s) having responsibility for facility operations and/or maintenance.

Facility Security Coordinator An individual appointed as the security point of contact for staffed FAA facilities that is the facility manager’s representative in coordinating with the responsible Servicing Security Element (SSE) on security measures.

Federal Function Functions that are related to the public interest as to require performance by the Federal Government.

Federal, State and Local Officials U.S. Senators and Members of the U.S. House of Representatives; Governors, elected state officials and local government officials; SES or equivalent members of the executive and judicial branches of the U.S. Government; declared candidates for elected offices during the election cycle; and, staff of these officials.

Foreign Civil and Military Dignitaries and Heads of State

Any person(s) holding a high, dignified position or office in the government of any foreign country or of any political subdivision of a foreign country. This includes senior leadership in foreign government aviation; foreign aviation industry leadership, as well as senior officials in international aviation organizations.

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07/18/13 1600.74A Appendix B

Acronym/Term Definition Foreign National Any citizen or national of a country other than the U.S. who has not

immigrated to the United States and who is not a legal permanent resident (LPR) of the United States .

High Level Protocol Visit (HLPV)

A visit by a senior-level foreign official (defined at the level of the FAA Administrator or above), or distinguished individual.

International Traffic in Arms Regulations (ITAR)

22 CFR Parts 120 through 130 provide guidance on information or technologies prohibited for release to foreign nationals or governments without a license.

Law Enforcement Agency Federal, State and local law enforcement agencies chartered and empowered to enforce U.S. laws. Also called LEA.

Law Enforcement Officer A law enforcement officer is a government employee acting within the course and scope of official duties, who is responsible for the prevention, investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws. Law enforcement officers have completed law enforcement training and are authorized to carry firearms, make arrests, and execute service of process to enforce criminal laws of his or her employing jurisdiction.

Legal Permanent Resident (LPR) Any foreign national lawfully admitted to the United States as a permanent resident.

Official Visit A visit conducted in connection with federal, state, and local government operations, or in furtherance of a formal business arrangement or agreement between the FAA and the visitor’s employing organization, foreign government activity, international aviation organizations and air navigation service providers. In short, official visits serve a U.S. government/DOT/FAA business purpose.

Process A process includes a summons and complaint, subpoenas, court ordered judgments, or other records that are required to be personally served.

Process Server A person who serves (delivers) legal papers in lawsuits. This includes but is not limited to individuals that serve process as a profession (requires licenses, credentialing or court appointments), civilian process servers, or a government official (i.e., deputy sheriff, court appointed individual, etc.) assigned to serve process.

Protective Detail(s) A team or individual assigned to protect an individual or group. The team or individual can be made up of military personnel, private security contractors, or law enforcement agents. Individuals within the detail may or may not be armed.

Requestor Any FAA official (includes, but is not limited to FAA managers in lines of business, facility managers, office managers, and service directors) who wishes to host a visitor to an FAA facility. A contractor seeking to host a visitor to an FAA facility must have an FAA official sponsor the request.

Service of Process The procedure employed to give legal notice to a person. Usually, notice is furnished by delivering a set of court documents (called “process”) to the person to be served.

Servicing Security Element (SSE) ASH Joint Office Directors (AHE-1, AHC-1 and AHW-1), the Director of Center and Executive Operations (AEC-1) and the Director, Office of Security (AIN-1) are the FAA’s SSEs and are responsible for the security activities within their designated areas of responsibility. The SSE function resides within ASH.

Sponsor An FAA employee who has a current FAA email address and wishes to sponsor one or more visitors (including foreign national visitors) to visit one

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07/18/13 1600.74A Appendix B

Acronym/Term Definition or more FAA facilities. The sponsor assumes responsibility for an individual visitor or a visiting group of persons for the duration of the visit to an FAA facility(ies).

Student Any individual, other than an FAA employee, officially enrolled in an FAA-sponsored training course.

U.S. Persons All U.S. citizens, U.S. nationals (citizens of U.S. territories such as American Samoa, Puerto Rico, and the U.S. Virgin Islands), and permanent resident aliens.

Visitor Any individual not issued a valid DOT/FAA ID media or not permanently assigned to an FAA facility. Individuals with valid DOT ID Media are not considered visitors at FAA administrative facilities (i.e., non-NAS operational facilities).

Visitor Badge/ID Media A form of FAA ID media to be worn by visitors while they are in an FAA facility.

Visitor on Official Business Any individual not possessing valid FAA ID media who is requesting access to an FAA facility to conduct official business, such as, representatives from other Federal agencies, law enforcement and civil aviation authorities, or air traffic control entities. Contractors and consultants exempt from the investigative requirements of Order 1600.72, Contractor and Industrial Security Program, are considered visitors on official business.

Visitor on Unofficial Business Any individual not possessing valid FAA ID media and not conducting official business, who is requesting access to an FAA facility to visit or tour, such as, family members, etc.

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07/18/13 1600.74A Appendix C

Appendix C: Guidance for Hosting Visits by Federal Executives, Other State and Local Government Officials, Foreign Dignitaries and Heads of State

1. This appendix provides guidance for hosting Department of Transportation (DOT) executives, other Federal, State, and local government officials, foreign dignitaries and Heads of State visits to FAA facilities. These requirements do not apply to visits from the media. All requests for visits from the media will be provided to the FAA Office of Communications (AOC). Media may not accompany officials unless approval from AOC has been obtained (see paragraph 4).

2. Information regarding the movement of certain officials may be sensitive in nature. As such, all information regarding the visit should be safeguarded and afforded the appropriate level of protection depending upon the classification of the information.

3. The facility manager is responsible for ensuring the SSE is notified of any visit request by DOT executives, other Federal, State, and local government officials, foreign dignitaries and Heads of State. Initial notification to the SSE may be made telephonically. However, the facility manager will provide written notification (via email or facsimile) to the SSE as soon as possible. The facility manager is also responsible for notifying the appropriate executives within their Line of Business/Staff Office (LOB/SO).

4. For visits by United States (U.S.) Senators and Members of the U.S. House of Representatives; Governors, State officials and local government officials; declared candidates for elected offices during the election cycle; and staff of these officials, in addition to notifying the SSE, the facility manager is also responsible for notifying Office of Government and Industry Affairs (AGI) and Office of Communications (AOC). The facility manager at an Air Traffic Organization (ATO) facility must also notify the ATO Congressional Communications Office, AJC-1. Media may not accompany these officials

5. The SSE is responsible for working with the facility manager to ensure adequate visitor processing procedures are established and any additional protective measures implemented.

6. All DOT executives and their protective detail members (if any) shall not require facility escorts IF they possess and produce valid, current, HSPD-12, Personal Identity Verification ID Media (PIV Cards). Any persons not able to produce such media, must be escorted at all times while on FAA owned/leased property. However, because of the sensitive nature of the facilities that perform air traffic control functions, all visitors to Air Route Traffic Control Centers (ARTCCs), Terminal Radar Approach Control facilities (TRACONs), Combined Enroute Radar Approach Control facilities (CERAPs), Air Traffic Control Towers (ATCTs), must be escorted at all times unless the SSE waives the requirement to accommodate visits by the Secretary of Transportation, the Deputy Secretary of Transportation and other DOT/FAA executives.

7. In accordance with the base order, all visitors are required to sign-in on the Facility’s Visitor Log. However, special circumstances may warrant that the visitors may not sign in if the SSE approves other means of capturing/documenting the visit and the visitors identity (i.e., the SSE may authorize those visitors to be listed on the visitor log in advance of arriving and have the

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facility sponsor sign-in/out the visitor(s)). In addition, the SSE will determine if it is necessary to issue visitor ID media during the visit.

8. Special Provisions for Visitors with Protective Details. Often, a prominent official who is subject to threats requires a large and comprehensive protective detail. In addition, the U.S. has the responsibility under international law to protect visiting foreign dignitaries and resident foreign diplomats in this country. As a result, it is not unusual for DOT executives, other Federal, State, and local government officials, foreign dignitaries and Heads of State to either have a private protective detail or a protective detail provided by the Department of State, the Secret Service, U.S. Marshall Service or other Federal law enforcement entity and State/local police agencies. When an individual with a protective detail visits an FAA facility, not only is their inherent risk transferred to the facility during the visit, but the FAA is responsible for ensuring its security posture is maintained to help facilitate the visit and assist the protective detail with managing acceptable risks. To ensure we afford adequate protection of FAA resources and do not introduce any new threats to the visitor, the following guidance is provided:

a. The facility manager will obtain point of contact information for the protective detail (name, telephone and email address) and provide the information to the SSE.

b. The SSE will contact the protective detail point of contact and other local law enforcement entities to obtain all relevant information about any relevant threats, current or past, concerning the individual being protected. The SSE will then determine and document (via email to the facility manager) the security measures to be implemented at the facility during the time of the visit (i.e., cancel/postpone scheduled deliveries, reduce or eliminate other non-official visits, etc.). The SSE will work with the facility manager to ensure the measures identified are implemented.

c. When the visitor’s protective detail is being provided by a private security firm, then the SSE is required to collect detailed information on the protective detail and provide the information to AIN-1.

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07/18/13 1600.74A Appendix D

Appendix D. Visitor Procedures for Foreign National Visitors to FAA Facilities

1. Foreign nationals on official business may visit FAA facilities if the visit is approved using the processes outlined below. These procedures also apply for foreign national students wanting to attend training at the Mike Monroney Aeronautical Center (MMAC) in Oklahoma City.

2. The facility manager, SSE and API must approve the visit and ensure compliance with the security requirements of FAA Order 1600.74 and all applicable FAA Orders and Directives. Visits by foreign dignitaries and representatives who are assigned to embassies or consulates accredited by the U.S. do not require prior approval by the SSE or AIN.

3. Every foreign national visitor must have an FAA sponsor. FAA contractors cannot sponsor a foreign visitor. Requests must be electronically submitted through the FAA’s automated International Visitors Program (IVP) by the sponsor at least 10 working days prior to the visit to allow time for processing. For those instances where a request cannot be submitted 10 working days prior to the visit, the sponsor is still required to submit the request through the IVP. The IVP Sponsor Home Page is located on the FAA’s Intranet at the following address: https://destination.faa.gov/LandingPage.aspx

4. Submit completed requests to the Office of International Affairs, API, at least 10 working days prior to the visit. If the sponsor has any questions, they can contact API at (202) 385-8889.

5. Upon receipt, API will refer the request to AIN, Office of Security, Personnel Security Division, AIN-400. AIN-400 will advise API and the SSE if the visit is cleared or not cleared through appropriate agency checks. If questionable information is developed that may impact the visit, AIN-400 will immediately notify API, the facility manager and the SSE. API, in consultation with ASH will determine whether to deny the visit or implement additional visitor control procedures.

6. For requests that include access to export-controlled information or technology, AGC will review the request to ensure consistency with the Export Administration Regulations (EAR) and the International Traffic In Arms Regulation (ITAR). AGC will advise ASH of their determination. If access is not consistent with the EAR/ITAR, API, in consultation with AGC and ASH will determine whether to deny the visit or restrict the visitor’s access.

7. If the request is not completed prior to the scheduled visit, the facility manager may, under very controlled conditions and contingent upon SSE concurrence, allow the visit to proceed. Conditions to be considered for this exception include:

a. Sensitivity of the facility being visited

b. Sensitivity of the information, technology or operations being shown discussed, and

c. Impact the visit has on an on-going agency or political initiative.

8. Ensure key facility personnel, including any on-site U.S. military or law enforcement representatives, are aware of the proposed dates of foreign visitors, their countries of origin (to

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include all countries that may represent), the purpose of the visit and any other security relevant information.

9. Ensure the request or copy of the form (whichever was used in the vetting process) is available for all foreign national visits to provide for visitor ID/verification and any access restrictions. A hard copy of the request can be printed from the FAA’s automated IVP.

10. Foreign national visitors must be under continuous escort by personnel with valid DOT/FAA ID media. Foreign Visitors are not authorized unescorted access to any part of the facility to include cafeterias, break rooms, etc. Foreign national visitors that are attending class at the MMAC may not require continuous escort if approved by the MMAC SSE and facility manager.

11. The Sponsor must determine what information and technology is used or stored within the facility to be visited by any foreign national and whether that information and technology must or will be released or disclosed to the foreign national as part of the visit, or whether that information or technology may be inadvertently accessed by the foreign national during the visit. The ITAR, 22 CFR Parts 120 through 130, and the EAR, 15 CFR Parts 730 through 774, govern disclosure or release of export-controlled information. The penalty for unauthorized release or disclosure of information or technology controlled under the ITAR is imprisonment of up to 2 years, a fine of $100,000, or both. The penalty imposed on agencies or companies for unauthorized release or disclosure of information or technology controlled under the EAR is a fine of up to $1,000,000, or five times the value of the information or technology, whichever is greater. The penalty imposed on individuals for unauthorized release or disclosure of information or technology controlled under the EAR is imprisonment of up to 10 years, a fine of up to $250,000, or both.

12. Once the visit has been approved, the following policies/access restrictions apply to hosting the foreign national visitor(s):

a. All foreign national visitors must be identified through a current government issued ID. The government issued ID must be current (not expired), legible and have a clear picture of the individual. A foreign passport is an acceptable form of ID as well as a U.S. permanent resident card or alien registration receipt card.

b. All foreign national visitors must sign in on the DOT/FAA Visitor Register, FAA Form 1600-8 (or SSE approved equivalent) providing all required information. If there is a large group of foreign visitors, the foreign visitor’s information may be filled in prior to the visit. However, the foreign national visitor must sign next to their information to confirm their presence at the facility and verify that their information is correct.

c. All foreign national visitors to the facility are to be issued and are required to wear approved FAA visitor ID media. The visitor ID media must be worn above the waist and below the neck in the front of their person on the outer most garments. The Sponsor is responsible for ensuring the FAA visitor ID media is turned in at the completion of the visit or at the end of each day, whichever is earlier. Facilities should contact their SSE to obtain instructions on obtaining approved FAA visitor ID media.

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07/18/13 1600.74A Appendix D

d. The facility manager must ensure a sufficient number of knowledgeable escorts are assigned to each foreign national visitor group in order to properly monitor and control foreign visitor conduct and movement. The facility manager may limit the number of foreign visitors to minimize any adverse impact on facility operations.

e. Foreign national visitors are restricted from the use of cameras (including cellular phone cameras) and recording devices during their visit unless approval has been granted by the facility manager and SSE. However, the sponsor may provide for or allow courtesy photographs with the foreign visitor(s) in executive offices or reception/conference areas without prior approval provided that the areas are cleared of classified and controlled/sensitive unclassified information (SUI) and any indicators of sensitive activities.

f. Sponsors, escorts and all FAA employees must not allow foreign visitors access to any FAA information technology (IT) system. This includes access to computers, computer networks, NAS operational systems (e.g., radio communications equipment, RADAR, etc.). FAA employees are also restricted from introducing any non-FAA approved software, electronic files or media in a NAS related or other FAA information system until it has been properly reviewed by designated, technically knowledgeable information technology (IT) system support personnel and authorized for use in accordance with procedures approved by the responsible Information Systems Security Manager (ISSM). For example, if a visitor provides a CD-ROM, thumb drive or other media and asks it be uploaded to an FAA network or desktop for presentation, it must be provided to your ISSM, designated IT system security representative or serving IT help desk to check for malicious software. Failure to follow these procedures can expose the NAS/FAA information infrastructure to risk.

g. All foreign national visitors are subject to inspection while in or on FAA property. At facilities where security officers are present, foreign visitors must be screened using the screening equipment at the facility (X-ray and magnetometer). Foreign Dignitaries and the Heads of State may be exempted from this requirement if approved by the FM and SSE.

h. At facilities where security officers are not present, foreign visitors should be discouraged from bringing in any item unless it is deemed necessary for the visit such as a briefcase, toolbox, etc. Upon exit of the facility, foreign visitors should be reminded to gather up and remove all of the items that they brought into the facility when they arrived.

i. If a suspicious item is discovered during an inspection or if a foreign visitor refuses an inspection, the visit will be cancelled and the foreign visitor denied access to the facility. The facility manager must notify the SSE and complete an incident report.

j. Although a foreign visitor may be granted access to a FAA facility, they must still be restricted from accessing sensitive information or operations. Information access must be commensurate with the purpose of the visit and be considered before the visit is approved. Procedures must be instituted that eliminate any casual access to sensitive information or operations during a visit. Any events of actual or suspected loss of or unauthorized access to sensitive information or operations must be reported to the SSE immediately

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07/18/13 1600.74A Appendix E

Appendix E. Guidance for Cooperating with Law Enforcement Agencies and Process Servers

1. This Appendix provides guidance regarding the service of complaints, summonses, subpoenas (civil or criminal), warrants and other legal process (collectively “legal process”) on Federal, contract, and military personnel while they are present in a facility that is owned, leased, or controlled by the FAA (an “FAA facility”). As described in this guidance, it is the FAA’s general policy to cooperate with Law Enforcement Agencies (“LEA”) and Law Enforcement Officers (“LEO”), acting within the scope of their official duties. However, civilians serving legal process may not have the same authority as LEOs and, accordingly, may not be entitled to the same access to FAA facilities. Because of this distinction, this guidance is divided into two parts to address procedures concerning LEOs and civilian process servers separately.

2. This Appendix cannot address or anticipate all of the issues that may arise in connection with the service of legal process. In the absence of a definitive procedure, exercise your best judgment and discretion to minimize disruption to FAA activities and contact the Office of the Chief Counsel, through the responsible Regional, Center, or Headquarters office for guidance.

3. Law Enforcement Officers.

a. LEOs may enter any building to conduct authorized functions or duties, providing they do not interfere with Critical Functions. LEOs are allowed to carry weapons while at an FAA Facility.

b. If a LEO appears at a facility to serve an arrest warrant or a search warrant or is in pursuit of an individual who has illegally accessed an FAA facility (e.g., jumped a fence, run into an open entry way), the FAA will cooperate fully and not impede the LEO’s ability to accomplish the mission so long as it does not interfere with FAA Critical Functions. The urgency associated with the service of an arrest warrant or search warrant and the pursuit of an unauthorized person is such that a LEO may require immediate access to FAA facilities and work areas.

c. If a LEO appears at an FAA facility to serve legal process other than an arrest warrant or a search warrant, the LEO should be allowed access to the FAA facility in accordance with the applicable Visitor and Security Orders and policies. The facility manager, facility security coordinator (“FSC”), and Servicing Security Element (“SSE”) shall be notified immediately of any law enforcement officer requesting access to the facility.

d. Although a LEO is permitted access to an FAA facility, such initial access does not mandate that the LEO be immediately escorted into the workspace to serve the employee. Because the intent of this guidance is to avoid interference with law enforcement duties as well as to limit disruption to FAA work and activities, before escorting a LEO into the workspace, the facility manager or a designee should contact the employee being sought, advise the employee of the LEO’s visit unless otherwise directed by the LEO, and request that the employee meet the LEO in a private location within the facility. If the employee refuses to meet or if there are

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exigent circumstances, the LEO may be escorted into the workspace to locate and serve the employee.

e. Because safety is the FAA’s first priority, the conduct of Air Traffic Operations cannot be interrupted. Therefore, if the LEO serving legal process other than an arrest warrant or a search warrant requires access to an employee engaged in a Critical Function, such as an Air Traffic Controller who is engaged in performing air traffic operations, the employee’s on-site manager will work with the facility manager and LEO to make the employee available as soon as possible depending on the nature and urgency of the matter.

4. Civilian Process Servers.

a. If a civilian (non-LEO) process server appears at an FAA facility to serve legal process, he or she should be allowed access to the FAA facility in accordance with the applicable Visitor and Security Orders and policies and the laws of the jurisdiction in which the FAA facility is located. State laws governing the service of process may be set forth as statutes, regulations, or court rules. In certain states a civilian process server may not be required to have a license or to be court appointed. Application of the relevant Visitor and Security Orders and policies and the laws of the jurisdiction in which the FAA facility is located may not entitle a civilian process server to entry beyond the FAA facility’s perimeter security station or beyond a security station within the facility. The facility manager or designee should contact the Office of the Chief Counsel for guidance, through the responsible Regional, Center, or Headquarters office. If entry into the FAA facility is not authorized, the civilian process server should be so advised.

b. However, if after consultation with the Office of the Chief Counsel, through the responsible Regional, Center, or Headquarters office, it is determined that the civilian process server must be granted access to the workspace in the FAA facility to serve the employee, all applicable Visitor and Security Orders and policies must be observed. Because the intent of this guidance is to avoid interference with the legal authority of the civilian process server as well as to limit disruption to FAA work and activities, before escorting a civilian process server into the workspace, the facility manager or a designee should contact the employee being sought, advise the employee of the civilian process server’s visit, and request that the employee meet the civilian process server in a private location within the facility. If the employee refuses to meet the civilian process server, a determination must be made whether the civilian process server must be permitted immediate access into the workspace. If the notification and meeting described in this paragraph involves an employee engaged in a Critical Function, such as an Air Traffic Controller who is performing air traffic control operations, or would otherwise interfere with a Critical Function, the employee’s on-site manager will work with the facility manager and civilian process server to make the employee available as soon as possible depending on the nature and urgency of the matter.

5. Other Provisions.

a. FAA employees are not authorized to accept service of process on behalf of other employees, the FAA, or the Administrator unless authorized by regulation, order or prior approval of the Office of the Chief Counsel through the responsible Regional, Center, or Headquarters office.

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07/18/13 1600.74A Appendix E

b. If the LEO or civilian process server is attempting to serve a summons on the FAA itself or the Administrator (in his official capacity) or other process on the FAA for agency records, documents, or testimony, direct the server to the Office of the Chief Counsel, through the responsible Regional, Center, or Headquarters office. In any event, if an employee is served with a subpoena for records, documents, or testimony on an FAA-related matter, the employee shall immediately notify his or her manager or supervisor who shall advise the Office of the Chief Counsel, through the responsible Regional, Center, or Headquarters office.

c. In accordance with FAA order 1600.69, FAA Facility Security Management Program, the facility manager is responsible for implementing the security policies for their facility and documenting required implementation details in the facility’s FSP. The FSP must contain a section on the procedures the facility will follow to ensure cooperation with LEAs. The procedures must contain immediate notification to the SSE, the supervisory chain of individual being served, and the Office of the Chief Counsel, through the responsible Regional, Center, or Headquarters office.

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07/18/13 1600.74A Appendix F

Appendix F. DOT/FAA Visitor Register

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07/18/13 1600.74A Appendix G

Appendix G. Request for Visit by National Form 1600.78

REQUEST FOR VISIT BY FOREIGN NATIONAL

PART A

1. Visitor Last Name (Family) 2. First Name (Given) 3. Middle Name (if any)

4. Dates of Visit (MM-DD-YYYY) 5. This request is for: 6. Is visitor/student currently in US?

To • Official Visit • Unofficial Visit • Student • Yes • No

7. Reason for visit or title of course

8. Gender 9. Place of Birth (City, Country) 10. Date of Birth (MM-DD-YYYY)

D M D F 11. Country(ies) of Citizenship 12. Passport Number 13. Expiration Date (MM-DD-YYYY)

14. Type of Visa 15. Expiration Date Immigration Status

16. Name of Current Employer

17. Address of Current Employer

Street City

State/Province Country Zip/Post Code

18. Title, Position, or Description of visitor's duties

19. Name of FAA Point of Contact [sponsor] (POC) 20. FAA POC [sponsor] Organization

21. FAA POC [sponsor] Telephone Number

22. Facilitypes) to be visited (include building name/number, room number, and address of facility(ies))

23. AIA Approval • Yes • No

24. Security Approval • Yes • No

FAA Form 1600-78 (3-03)

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07/18/13 1600.74A Appendix G

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