§3609 — Title 50 War and National Defense | U.S. Code

Summary

The Director of the NSA may allow NSA staff in the United States to act with the same kinds of powers given to Department of Homeland Security officers under section 1315(b)(2) of title 40. Those powers may be used inside the NSA Headquarters and other facilities that the NSA fully controls, and on streets, sidewalks, and open areas up to 500 feet from those facilities. Use of those powers in the 500-foot zone is allowed only when staff can point to specific facts that make it reasonable to act to prevent physical harm to NSA buildings, property, or employees. The Director sets the rules that apply on NSA-controlled property. Staff may move a person they detain to give them to law enforcement, but only to a place within 30 miles of the NSA site. The Director may create penalties for rule violations, not to exceed the limits in section 1315(c)(2) of title 40. While doing these duties, staff must be clearly marked as U.S. government security personnel. Even if other laws say otherwise, NSA staff acting reasonably (including using force) are treated as acting within their job for purposes of chapter 171 of title 28 and similar tort laws when they protect someone from a violent crime, help someone hurt or threatened, stop someone they reasonably believe committed a violent crime in their presence, or transport someone under the rule above. This does not change the Attorney General’s powers under section 2679 of title 28. “Crime of violence” means the term in section 16 of title 18.

Title 50, §3609

War and National Defense — Source: USLM XML via OLRC

(a)(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 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)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.

(c)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)(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.

(3)In this subsection, the term “crime of violence” has the meaning given that term in section 16 of title 18.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified in a note under section 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 Representatives 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 underlying facts supporting the exercise of such authority, during the preceding fiscal year. The Director shall make each such report available to the Inspector General 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), substituted “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 Administrator 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 Director of such Agency) which are under the administration and control of, or are used by, the National Security 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.”

§3609 Enhancement of Security Authorities

Summary

Title 50, §3609

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata