50 U.S.C. § 3609 — Enhancement of security 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 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- Page 932 TITLE 50—WAR AND NATIONAL DEFENSE § 3610 1 See References in Text note below. tor of the National Security Agency under sub- section (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 vio- lence; (B) provide immediate assistance to an indi- vidual who has suffered or who is threatened with bodily harm; (C) prevent the escape of any individual whom such agency personnel reasonably be- lieve to have committed a crime of violence in the presence of such agency personnel; or (D) transport an individual pursuant to sub- section (a)(2). (2) Paragraph (1) shall not affect the authori- ties of the Attorney General under section 2679 of title 28. (3) In this subsection, the term ‘‘crime of vio- lence’’ has the meaning given that term in sec- tion 16 of title 18. (Pub. L. 86–36, § 11, as added Pub. L. 96–450, title IV, § 402(a)(1), Oct. 14, 1980, 94 Stat. 1978; amend- ed Pub. L. 107–108, title V, § 506, Dec. 28, 2001, 115 Stat. 1406; Pub. L. 107–306, title VIII, § 841(f), Nov. 27, 2002, 116 Stat. 2432; Pub. L. 108–177, title III, § 377(c), title V, § 501, Dec. 13, 2003, 117 Stat. 2630, 2633; Pub. L. 112–87, title IV, § 421, Jan. 3, 2012, 125 Stat. 1893.) 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 2012—Subsec. (a)(5). Pub. L. 112–87, § 421(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘Not later than July 1 each year through 2004, the Director shall submit to the Permanent Select Committee on Intelligence of the House of Representa- tives and the Select Committee on Intelligence of the Senate a report that describes in detail the exercise of the authority granted by this subsection and the under- lying facts supporting the exercise of such authority, during the preceding fiscal year. The Director shall make each such report available to the Inspector Gen- eral of the National Security Agency.’’ Subsec. (d)(1)(D). Pub. L. 112–87, § 421(b), added subpar. (D). 2003—Subsec. (a)(1). Pub. L. 108–177, § 377(c)(1), sub- stituted ‘‘officers and agents of the Department of Homeland Security, as provided in section 1315(b)(2) of title 40’’ for ‘‘special policemen of the General Services Administration perform under the first section of the Act entitled ‘An Act to authorize the Federal Works Administrator or officials of the Federal Works Agency duly authorized by him to appoint special policemen for duty upon Federal property under the jurisdiction of the Federal Works Agency, and for other purposes’ (40 U.S.C. 318)’’. Subsec. (b). Pub. L. 108–177, § 377(c)(2), substituted ‘‘section 1315(c)(2) of title 40’’ for ‘‘the fourth section of the Act referred to in subsection (a) (40 U.S.C. 318c)’’. Subsec. (d). Pub. L. 108–177, § 501, added subsec. (d). 2002—Subsec. (a)(5). Pub. L. 107–306 inserted ‘‘through 2004’’ after ‘‘Not later than July 1 each year’’. 2001—Pub. L. 107–108 amended section generally. Prior to amendment, section read as follows: ‘‘The Adminis- trator of General Services, upon the application of the Director of the National Security Agency, may provide for the protection in accordance with section 318b of title 40, of certain facilities (as designated by the Di- rector of such Agency) which are under the administra- tion and control of, or are used by, the National Secu- rity Agency in the same manner as if such facilities were property of the United States over which the United States has acquired exclusive or concurrent criminal jurisdiction.’’ § 3610. Senior Cryptologic Executive Service (a) Establishment; applicable personnel provi- sions (1) The Secretary of Defense (or his designee) may by regulation establish a personnel system for senior civilian cryptologic personnel in the National Security Agency to be known as the Senior Cryptologic Executive Service. The regu- lations establishing the Senior Cryptologic Ex- ecutive Service shall— (A) meet the requirements set forth in sec- tion 3131 of title 5 for the Senior Executive Service; (B) provide that positions in the Senior Cryptologic Executive Service meet require- ments that are consistent with the provisions of section 3132(a)(2) of such title; (C) provide, without regard to section 2,1 rates of pay for the Senior Cryptologic Execu- tive Service that are not in excess of the max- imum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of such title, and that are adjusted at the same time and to the same extent as rates of basic pay for the Sen- ior Executive Service are adjusted; (D) provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of subchapter II of chapter 43 of such title; (E) provide for removal consistent with sec- tion 3592 of such title, and removal or suspen- sion consistent with subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Senior Cryptologic Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense or his designee); (F) permit the payment of performance awards to members of the Senior Cryptologic Executive Service consistent with the provi- sions applicable to performance awards under section 5384 of such title; (G) provide that members of the Senior Cryptologic Executive Service may be granted sabbatical leaves consistent with the provi- sions of section 3396(c) of such title; and (H) provide for the recertification of mem- bers of the Senior Cryptologic Executive Serv- ice consistent with the provisions of section 3393a 1 of such title. (2) Except as otherwise provided in subsection (a), the Secretary of Defense (or his designee) may— (A) make applicable to the Senior Cryptologic Executive Service any of the pro- visions of title 5 applicable to applicants for or members of the Senior Executive Service; and