50 U.S.C. § 3608 — Language training and cryptologic lin-

Page 930 TITLE 50—WAR AND NATIONAL DEFENSE § 3608 EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–496 effective on the first day of the fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effec- tive Date note under section 8401 of Title 5, Govern- ment Organization and Employees. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces. § 3608. Language training and cryptologic lin- guist reserve programs (a) Programs The Director of the National Security Agency shall arrange for, and shall prescribe regulations concerning, language and language-related training programs for military and civilian cryptologic personnel. In establishing programs under this section for language and language-re- lated training, the Director— (1) may provide for the training and instruc- tion to be furnished, including functional and geographic area specializations; (2) may arrange for training and instruction through other Government agencies and, in any case in which appropriate training or in- struction is unavailable through Government facilities, through nongovernmental facilities that furnish training and instruction useful in the fields of language and foreign affairs; (3) may support programs that furnish nec- essary language and language-related skills, including, in any case in which appropriate programs are unavailable at Government fa- cilities, support through contracts, grants, or cooperation with nongovernmental edu- cational institutions; and (4) may obtain by appointment or contract the services of individuals to serve as language instructors, linguists, or special language project personnel. (b) Incentives (1) In order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Di- rector, without regard to subchapter IV of chap- ter 55 of title 5, may provide special monetary or other incentives to encourage civilian cryptologic personnel of the Agency to acquire or retain proficiency in foreign languages or spe- cial related abilities needed by the Agency. (2) In order to provide linguistic training and support for cryptologic personnel, the Director— (A) may pay all or part of the tuition and other expenses related to the training of per- sonnel who are assigned or detailed for lan- guage and language-related training, orienta- tion, or instruction; and (B) may pay benefits and allowances to civil- ian personnel in accordance with chapters 57 and 59 of title 5, and to military personnel in accordance with chapter 7 of title 37, and ap- plicable provisions of title 10, when such per- sonnel are assigned to training at sites away from their designated duty station. (c) Cryptologic linguist reserve (1) To the extent not inconsistent, in the opin- ion of the Secretary of Defense, with the oper- ation of military cryptologic reserve units and in order to maintain necessary capability in for- eign language skills and related abilities needed by the National Security Agency, the Director may establish a cryptologic linguist reserve. The cryptologic linguist reserve may consist of former or retired civilian or military cryptologic personnel of the National Security Agency and of other qualified individuals, as de- termined by the Director of the Agency. Each member of the cryptologic linguist reserve shall agree that, during any period of emergency (as determined by the Director), the member shall return to active civilian status with the Na- tional Security Agency and shall perform such linguistic or linguistic-related duties as the Di- rector may assign. (2) In order to attract individuals to become members of the cryptologic linguist reserve, the Director, without regard to subchapter IV of chapter 55 of title 5, may provide special mone- tary incentives to individuals eligible to become members of the reserve who agree to become members of the cryptologic linguist reserve and to acquire or retain proficiency in foreign lan- guages or special related abilities. (3) In order to provide training and support for members of the cryptologic linguist reserve, the Director— (A) may pay all or part of the tuition and other expenses related to the training of indi- viduals in the cryptologic linguist reserve who are assigned or detailed for language and lan- guage-related training, orientation, or in- struction; and (B) may pay benefits and allowances in ac- cordance with chapters 57 and 59 of title 5 to individuals in the cryptologic linguist reserve who are assigned to training at sites away from their homes or regular places of business. (d) Training agreements (1) The Director, before providing training under this section to any individual, may obtain an agreement with that individual that— (A) in the case of current employees, per- tains to continuation of service of the em- ployee, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5; and (B) in the case of individuals accepted for membership in the cryptologic linguist re- serve, pertains to return to service when re- quested, and repayment of the expenses of such training for failure to fulfill the agree- ment, consistent with the provisions of sec- tion 4108 of title 5. (2) The Director, under regulations prescribed under this section, may waive, in whole or in part, a right of recovery under an agreement made under this subsection if it is shown that the recovery would be against equity and good conscience or against the public interest. (e) Orientation and language training for family members (1) Subject to paragraph (2), the Director may provide to family members of military and civil- 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 duty out- side the United States for a period of one year or longer which involves cryptologic training, lan- guage training, or related disciplines. (Pub. L. 86–36, § 10, as added Pub. L. 96–450, title IV, § 402(a)(1), Oct. 14, 1980, 94 Stat. 1978; amend- ed Pub. L. 97–89, title VI, § 602, Dec. 4, 1981, 95 Stat. 1154.) Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. AMENDMENTS 1981—Pub. L. 97–89 added subsecs. (a) to (h) and redes- ignated existing provisions as subsec. (i). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–89 effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces. § 3609. Enhancement of security 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, with the powers set forth in that section, except that such personnel shall perform such functions and exercise such pow- ers— (A) at the National Security Agency Head- quarters complex and at any facilities and pro- tected property which are solely under the ad- ministration and control of, or are used exclu- sively 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 prop- erty 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 pro- tect 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 con- strued to preclude, or limit in any way, the au- thority of any Federal, State, or local law en- forcement 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 pre- scribed by the Director and shall only be appli- cable to the areas referred to in subparagraph (A) of paragraph (1). (5) Agency personnel authorized by the Direc- tor under paragraph (1) may transport an indi- vidual apprehended under the authority of this section from the premises at which the indi- vidual was apprehended, as described in subpara- graph (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 cus- tody at a location within 30 miles of the prem- ises described in subparagraphs (A) and (B) of paragraph (1). (b) Penalties The Director of the National Security Agency is authorized to establish penalties for viola- tions of the rules or regulations prescribed by the Director under subsection (a). Such pen- alties shall not exceed those specified in section 1315(c)(2) of title 40. (c) Identification of designated personnel Agency personnel designated by the Director of the National Security Agency under sub- section (a) shall be clearly identifiable as United States Government security personnel while en- gaged 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 Direc-