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50 U.S.C. § 3609 — Enhancement of security authorities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Law enforcement authority**
(1) The Director of the National Security Agency may authorize agency personnel within the United States to perform the same functions as officers and agents of the Department of Homeland Security, as provided in [section 1315(b)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1315/b/2&num=0&edition=prelim), with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers—
(A) at the National Security Agency Headquarters complex and at any facilities and protected property which are solely under the administration and control of, or are used exclusively by, the National Security Agency; and
(B) in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such facilities or protected property and extending outward 500 feet.
(2) The performance of functions and exercise of powers under subparagraph (B) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to agency installations, property, or employees.
(3) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service.
(4) The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A) of paragraph (1).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3609
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Stable record: federal_law:legal_authorities:record_usc_9af5684605e0d9004ba8e579
Source file: Laws/federal/codes/united-states-code/title-50/section-3609-enhancement-of-security-authorities--42a09a77bf.md
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Source location: Title 50, Chapter 47, § 3609; chapter-047-national-security-agency.md
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**(a) Law enforcement authority**
(1) The Director of the National Security Agency may authorize agency personnel within the United States to perform the same functions as officers and agents of the Department of Homeland Security, as provided in [section 1315(b)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1315/b/2&num=0&edition=prelim), with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers—
(A) at the National Security Agency Headquarters complex and at any facilities and protected property which are solely under the administration and control of, or are used exclusively by, the National Security Agency; and
(B) in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such facilities or protected property and extending outward 500 feet.
(2) The performance of functions and exercise of powers under subparagraph (B) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of physical damage or injury, to agency installations, property, or employees.
(3) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service.
(4) The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A) of paragraph (1).
(5) Agency personnel authorized by the Director under paragraph (1) may transport an individual apprehended under the authority of this section from the premises at which the individual was apprehended, as described in subparagraph (A) or (B) of paragraph (1), for the purpose of transferring such individual to the custody of law enforcement officials. Such transportation may be provided only to make a transfer of custody at a location within 30 miles of the premises described in subparagraphs (A) and (B) of paragraph (1).
**(b) Penalties** The Director of the National Security Agency is authorized to establish penalties for violations of the rules or regulations prescribed by the Director under subsection (a). Such penalties shall not exceed those specified in [section 1315(c)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1315/c/2&num=0&edition=prelim).
**(c) Identification of designated personnel** Agency personnel designated by the Director of the National Security Agency under subsection (a) shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) refers.
**(d) Tort liability**
(1) Notwithstanding any other provision of law, agency personnel designated by the Director of the National Security Agency under subsection (a) shall be considered for purposes of chapter 171 of title 28, or any other provision of law relating to tort liability, to be acting within the scope of their office or employment when such agency personnel take reasonable action, which may include the use of force, to—
(A) protect an individual in the presence of such agency personnel from a crime of violence;
(B) provide immediate assistance to an individual who has suffered or who is threatened with bodily harm;
(C) prevent the escape of any individual whom such agency personnel reasonably believe to have committed a crime of violence in the presence of such agency personnel; or
(D) transport an individual pursuant to subsection (a)(2).
(2) Paragraph (1) shall not affect the authorities of the Attorney General under [section 2679 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2679&num=0&edition=prelim).
(3) In this subsection, the term “crime of violence” has the meaning given that term in [section 16 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section16&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 401, comprising section 2 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 402
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Federal law — U.S. Code and appendices · legal_authorities
The term “crime of violence” means—
**(a)** an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
**(b)** any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 16
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The authority of any federal agency to sue and be sued in its own name shall not be construed to authorize suits against such federal agency on claims which are cognizable under [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim), and the remedies provided by this title in such cases shall be exclusive.
**(b)**
(1) The remedy against the United States provided by sections 1346(b) and 2672 of this title for injury or loss of property, or personal injury or death arising or resulting from the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment is exclusive of any other civil action or proceeding for money damages by reason of the same subject matter against the employee whose act or omission gave rise to the claim or against the estate of such employee. Any other civil action or proceeding for money damages arising out of or relating to the same subject matter against the employee or the employee’s estate is precluded without regard to when the act or omission occurred.
(2) Paragraph (1) does not extend or apply to a civil action against an employee of the Government—
(A) which is brought for a violation of the Constitution of the United States, or
(B) which is brought for a violation of a statute of the United States under which such action against an individual is otherwise authorized.
**(c)** The Attorney General shall defend any civil action or proceeding brought in any court against any employee of the Government or his estate for any such damage or injury. The employee against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2679
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretary of Defense Responsibility.—** The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property.
**(b) Designation of Officers and Agents.—**
(1) The Secretary of Defense may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property.
(2) A designation under paragraph (1) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate.
(3) In making a designation under paragraph (1) with respect to any category of personnel, the Secretary shall specify each of the following:
(A) The personnel or positions to be included in the category.
(B) The authorities provided for in subsection (c) that may be exercised by personnel in that category.
(C) In the case of civilian personnel in that category—
(i) the authorities provided for in subsection (c), if any, that are authorized to be exercised outside the property specified in subsection (a); and
(ii) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance.
(4) The Secretary may make a designation under paragraph (1) only if the Secretary determines, with respect to the category of personnel to be covered by that designa
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2672
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Pentagon Reservation.—** The Secretary of Defense has jurisdiction, custody, and control over, and responsibility for, the operation, maintenance, and management of the Pentagon Reservation.
**(b) Law Enforcement Authorities and Personnel.—**
(1) The Secretary shall protect the buildings, grounds, and property located in the National Capital Region that are occupied by, or under the jurisdiction, custody, or control of, the Department of Defense, and the persons on that property.
(2) The Secretary may designate military or civilian personnel to perform law enforcement functions and military, civilian, or contract personnel to perform security functions for such buildings, grounds, property, and persons, including, with regard to civilian personnel designated under this section, duty in areas outside the property referred to in paragraph (1) to the extent necessary to protect that property and persons on that property. Subject to the authorization of the Secretary, any such military or civilian personnel so designated may exercise the authorities listed in paragraphs (1) through (5) of [section 2672(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2672/c&num=0&edition=prelim).
(3) The powers granted under paragraph (2) to military and civilian personnel designated under that paragraph shall be exercised in accordance with guidelines prescribed by the Secretary and approved by the Attorney General.
(4) Nothing in this subsection shall be construed to—
(A) preclude or limit the authority of any Defense Criminal Investigative Organization or any other Federal law enforcement agency;
(B) restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 ([6 U.S.C. 101](https://usc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2674
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Federal law — U.S. Code and appendices · legal_authorities
Page 931
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3609
ian cryptologic personnel assigned to represen-
tational duties outside the United States, in an-
ticipation of the assignment of such personnel
outside the United States or while outside the
United States, appropriate orientation and lan-
guage training that is directly related to the as-
signment abroad.
(2) Language training under paragraph (1) may
not be provided to any individual through pay-
ment of the expenses of tuition or other cost of
instruction at a non-Government educational
institution unless appropriate instruction is not
available at a Government facility.
(f) Waiver chapter 41 of title 5
The Director may waive the applicability of
any provision of chapter 41 of title 5 to any pro-
vision of this section if he finds that such waiver
is important to the performance of cryptologic
functions.
(g) Authority subject to availability of appro-
priated funds
The authority of the Director to enter into
contracts or to make grants under this section
is effective for any fiscal year only to the extent
that appropriated funds are available for such
purpose.
(h) Regulations
Regulations issued pursuant to this section
shall be submitted to the Permanent Select
Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intel-
ligence of the Senate before such regulations
take effect.
(i) Travel, transportation, storage, and subsist-
ence expenses
The Director of the National Security Agency,
on behalf of the Secretary of Defense, may,
without regard to section 4109(a)(2)(B) of title 5,
pay travel, transportation, storage, and subsist-
ence expenses under chapter 57 of such title to
civilian and military personnel of the Depart-
ment of Defense who are assigned to
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3609
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