§ 3609. Enhancement of security authorities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 86–36 § 11 · 73 Stat. 63

   Enacted · 50 U.S.C. § 3609

   Pub. L. 86–36, § 11, as added Pub. L. 96–450, title IV, § 402(a)(1), Oct. 14, 1980, 94 Stat. 1978

   Source evidence

   Code source credit
   Pub. L. 86–36, § 11, as added Pub. L. 96–450, title IV, § 402(a)(1), Oct. 14, 1980, 94 Stat. 1978

2. 2001

   Intelligence Authorization Act for Fiscal Year 2002

   Pub. L. 107–108 title V § 506 · 115 Stat. 1394

   Amended · 50 U.S.C. § 3609

   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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 506. ENHANCEMENT OF SECURITY AUTHORITIES OF NATIONAL SECURITY AGENCY. Section 11 of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended to read as follows: “SEC. 11. (a) (1) The Director of the National Security Agency may authorize agency personnel within the United States to perform the same functions as 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) 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) Not later than July 1 each year, the Director shall submit Deadline. Reports. 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. “(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 the fourth section of the Act referred to in subsection (a) (40 U.S.C. 318c). “(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.”.

3. 2002

   Pub. L. 107–306 title VIII § 841(f) · 116 Stat. 2383

   Inserted · 50 U.S.C. § 3609(a)(5)

   Pub. L. 107–306 inserted “through 2004” after “Not later than July 1 each year”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 107–306 inserted “through 2004” after “Not later than July 1 each year”.

   Enacted provision · exact public law section
   (f) Annual Report on Special Police Authority for the National Security Agency.— Section 11(a)(5) of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting “through 2004” after “Not later than July 1 each year”.

4. 2003

   Intelligence Authorization Act for Fiscal Year 2004

   Pub. L. 108–177 § 377(c)(1) · 117 Stat. 2599

   Substituted · 50 U.S.C. § 3609(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)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   (1) in subsection (a)(1), by striking “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 policeman for duty upon Federal property under the jurisdiction of the Federal Works Agency, and for other purposes’ (40 U.S.C. 318)” and inserting “officers and agents of the Department of Homeland Security, as provided in section 1315(b)(2) of title 40, United States Code,”; and

5. 2003

   Intelligence Authorization Act for Fiscal Year 2004

   Pub. L. 108–177 § 377(c)(2) · 117 Stat. 2599

   Substituted · 50 U.S.C. § 3609(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)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “the fourth section of the Act referred to in subsection (a) (40 U.S.C. 318c)” and inserting “section 1315(c)(2) of title 40, United States Code”.

6. 2003

   Intelligence Authorization Act for Fiscal Year 2004

   Pub. L. 108–177 § 501 · 117 Stat. 2599

   Added · 50 U.S.C. § 3609(d)

   Pub. L. 108–177, § 501, added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–177, § 501, added subsec. (d).

   Enacted provision · exact public law section
   SEC. 501. PROTECTION OF CERTAIN NATIONAL SECURITY AGENCY PERSONNEL FROM TORT LIABILITY.   Section 11 of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by adding at the end the following new subsection: “(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, United States Code, 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; or “(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. “(2) Paragraph (1) shall not affect the authorities of the Attorney General under section 2679 of title 28, United States Code. “(3) In this subsection, the term ‘crime of violence’ has the meaning given that term in section 16 of title 18, United States Code.” .

7. 2012

   Intelligence Authorization Act for Fiscal Year 2012

   Pub. L. 112–87 § 421(a) · 125 Stat. 1876

   Amended · 50 U.S.C. § 3609(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) Authority To Transport Apprehended Persons.— Paragraph (5) of section 11(a) of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended to read as follows: “(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).” .

8. 2012

   Intelligence Authorization Act for Fiscal Year 2012

   Pub. L. 112–87 § 421(b) · 125 Stat. 1876

   Added · 50 U.S.C. § 3609(d)(1)(D)

   Pub. L. 112–87, § 421(b), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (d)(1)(D). Pub. L. 112–87, § 421(b), added subpar. (D).

   Enacted provision · exact public law section
   (b) Conforming Amendment Relating to Tort Liability.— Paragraph (1) of section 11(d) of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended— (1) in subparagraph (B), by striking “or” at the end; (2) in subparagraph (C), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following new subparagraph: “(D) transport an individual pursuant to subsection (a)(2).” .

7 of 8 references resolved to an enrolled provision · 1 partial