DHS Updates Federal Property Rules for the TikTok Era
Published Date: 1/15/2025
Proposed Rule
Summary
The Department of Homeland Security wants to update rules that protect federal buildings and land. These changes will cover new tech-related offenses, clarify what’s not allowed, and make sure the rules apply the same way everywhere. If you have thoughts, you’ve got until March 17, 2025, to speak up—no mail, just online comments!
Analyzed Economic Effects
5 provisions identified: 0 benefits, 4 costs, 1 mixed.
Same low‑level citation powers off the property
DHS would mirror GSA's FMR charging options (Class C misdemeanor citation issued like a traffic ticket) but extend the ability to use those regulatory citations to non‑GSA property and to adjacent off‑property conduct that 'affects, threatens, or endangers' federal property. Under the analogous FMR provisions, violations can be Class C misdemeanors with penalties up to 30 days' imprisonment, a $5,000 fine, or both.
Rules now cover all DHS‑protected federal property
DHS proposes that the new Part 139 would apply to all federal property under the Secretary's protection (not just GSA‑operated sites). The rule would extend coverage to non‑GSA federal property and to areas outside the property line 'to the extent necessary' to protect the property and persons thereon; FPS currently protects about 8,500 federal properties and roughly 1.4 million people.
FPS security fees charged to federal tenant agencies
Section 139.10 would state the Secretary's authority to charge federal tenant agencies for law enforcement and protective security services provided by FPS. FPS is described as a fee‑funded law enforcement entity that is funded entirely by security fees collected from the federal tenant agencies it protects.
New tech offenses added (e‑cigs, drones)
The proposed rule modernizes prohibited conduct to address technological advances, explicitly calling out items such as electronic cigarettes and unmanned aircraft systems (UAS). That means using or operating these technologies in ways that violate the new rules at or adjacent to DHS‑protected federal property could be charged under Part 139.
Agencies must post notice and DHS will publish online
The proposed rule would require the Facility Security Committee or highest‑ranking agency official to post a conspicuous Notice (about 11 inches by 14 inches) at each federal property under DHS protection and DHS would prescribe the notice on its website (DHS may use QR codes or weblinks). The rule says the burden to post the notice falls on the federal agency.
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