Director means the Director or Acting Director of the National Institutes of Health (NIH), or other officer or employee of NIH to whom the authority involved has been delegated. Enclave means, unless the context requires a different meaning, the area, containing about 318 acres, acquired by the United States in several parcels in the years 1935 through 1983, and any further future acquisitions, comprising the National Institutes of Health located in Montgomery County, Maryland, over which the United States acquired exclusive jurisdiction under the Act of March 31, 1953, Chapter 158 (1953 Maryland Laws 311). Police officer means a uniformed or non-uniformed police officer appointed under a delegation of authority to the Director under Title 40 United States Code section 318 or 318d; any other Federal law enforcement officer; and any other person whose law enforcement services are secured by contract, or upon request or deputation from a State or local law enforcement agency. §3.2 Applicability. (a) The regulations in this part apply to all areas in the enclave and to all persons on or within the enclave, except as otherwise provided. (b) The regulations in this part do not apply to occupants, their visitors, and other authorized persons in areas used as living quarters: (1) When specifically made inapplicable, and (2) In the case of the following provisions: §3.24 Parking permits; §3.25 Servicing of vehicles; §3.42 Hobbies and sports; and §3.42(f) Smoking. (c) All regulations in this part are in addition to the provisions in the United States Code, including title 18 relating to crimes and criminal procedure, and title 21 relating to food and drugs, which apply: (1) Without regard to the place of the offense, or (2) To areas (such as the enclave) subject to the "special maritime and territorial jurisdiction of the United States," as defined in Title 18 United States Code section 7. (d) In accordance with the Assimilative Crimes Act (18 U.S.C. 13), whoever is found guilty of an offense which, although not made punishable by any act of Congress, nor any provision of these regulations, would be punishable if committed within the State of Maryland, shall be guilty of a like offense and subject to a like punishment. In the event of an irreconcilable conflict between a provision of this part and a Maryland statute governing the identical subject matter, this part shall control. (e) Federal criminal statutes which apply. The following Federal criminal statutes in the United States Code apply to Federal enclaves and elsewhere without regard to the place of the offense. This listing is provided solely for the information of the public and is not all-inclusive. The omission of other Federal statutes does not mean that such other statutes do not apply. In any given situation, the cited statutory provisions and any amendments in effect when the alleged offense occurred shall determine the specifics of the offense, applicability, and penalty. First offense not involving death or personal injury: Imprisonment 10 years and/or $10,000 fine and seizure and forfeiture of explosive materials. Prohibits, except with written consent of the agen- Imprisonment one year and/or $1,000 fine and sei 2. Malicious destruction or damage, by an explosive, 18 U.S.C. 844(f) to a building or other property owned, possessed, used, or leased by the U.S., U.S. agency, or any organization receiving Federal financial assistance. Prohibits 3. Possession of explosive in buildings owned, pos- 18 U.S.C. 844(g) sessed, used, or leased by U.S. or U.S. agency. cy. 4. Use of or carrying an explosive to commit, or dur- 18 U.S.C. 844(h) 5. Use of or carrying a firearm during and in relation 18 U.S.C. 924(c) 6. Manufacture, distribution, dispensing, or posses- 21 U.S.C. 841, 842, 843, 845. 7. Simple possession of narcotics or other controlled 21 U.S.C. 844 substances. (f) Maryland criminal statutes that apply. The matters described in this paragraph are governed, in whole or in part, by the current version of the cited Maryland criminal statutory provisions, which are made Federal criminal offenses under the Assimilative Crimes Act (18 U.S.C. 13). This listing sets forth areas of conduct particularly relevant to the enclave and is provided solely for the information of the public. The list is not all-inclusive and omission of other Maryland criminal statutes does not mean that such other statutes are not assimilated as Federal offenses under the Act. Generally, other Maryland criminal statutes will apply on the enclave, by force of the Act, unless superseded by Federal Law or a given provision of this part. In any given situation, the cited statutory provisions and any amendments in effect when the alleged offense occured shall determine the specifics of the offense, applicability, and penalty. §3.3 Compliance. A person must comply with the regulations in this part; with all official signs; and with the lawful directions or orders of a police officer or other authorized person, including traffic and parking directions. §3.4 False reports and reports of injury or damage. A person may not knowingly give any false or fictitious report concerning an accident or violation of the regulations of this part or any applicable Federal or Maryland statute to any person properly investigating an accident or alleged violation. All incidents resulting in injury to persons or willful damage to property in excess of $100.00 (one hundred dollars) in value must be reported by the persons involved to the Police Office as soon as possible. The Police Office's main location and telephone number is: Building 31, Room B3BN10; (301) 496-5685. §3.5 Lost and found, and abandoned property. Lost articles which are found on the enclave, including money and other personal property, together with any identifying information, must be deposited at the Police Office or with an office (such as the place where found) which may likely have some knowledge of ownership. If the article is deposited with an office other than the Police Office and the owner does not claim it within 30 days, it shall be deposited at the Police Office for further disposition in accordance with General Services Administration regulations (41 CFR part 101-48). Abandoned, or other unclaimed property and, in the absence of specific direction by a court, forfeited property, may be so identified by the Police Office and sold and the proceeds deposited in accordance with 41 CFR 101-45.304 and 101-48.305. [57 FR 1874, Jan. 16, 1992] §3.6 Nondiscrimination. A person may not discriminate by segregation or otherwise against another person because of age, color, creed, handicap, national origin, race or sex, in furnishing or by refusing to furnish to that person the use of any facility of a public nature, including all services, privileges, accommodations, and activities provided within the enclave. (Title 18 United States Code section 245 prohibits, by use of force or threat of force, willful injury, intimidation, or interference with, a person from participating in or enjoying any benefit, service, privilege, program, facility, or activity provided by or administered by the United States, attempts to do these acts, and engaging in certain other activities.) Subpart B-Traffic Regulations §3.21 Emergency vehicles. A person must yield the right of way to an emergency vehicle operating its siren or flashing lights. §3.22 Request for identification. Upon request by a police officer, a person involved in any of the following situations must provide identification, for example, by exhibiting satisfactory credentials (such as an employment identification card or driver's license): (a) A traffic accident within the enclave; (b) The police officer reasonably believes that the individual is engaged in, or has engaged in, criminal conduct or a violation of the regulations of this part; or (c) The enclave or a portion of the enclave is not open to the public (see §3.41). A driver of a motor vehicle involved in an accident within the enclave shall also exhibit, upon the request of a police officer, the owner's registration card or other satisfactory proof of ownership. §3.23 Parking. (a) A person may not stand (vehicle stopped, with or without, an occupant), or park a motor vehicle or other vehicle: (1) In a lane, space, or area not designated by a sign for parking, and/or standing; (2) On a sidewalk; (3) Within an intersection or crosswalk; (4) Within 10 feet of a fire hydrant, 5 feet of a driveway, or 20 feet of a stop |