Page:United States Statutes at Large Volume 115 Part 2.djvu/423

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PUBLIC LAW 107-108—DEC. 28, 2001 115 STAT. 1407 "(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, to the Permanent Select Committee on Intelligence of the House Reports, 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.". Approved December 28, 2001. LEGISLATIVE HISTORY—H.R. 2883 (S. 1428): HOUSE REPORTS: Nos. 107-219 (Permanent Select Comm. on Intelligence) and 107-328 (Comm. of Conference). SENATE REPORTS: Nos. 107-63 (Select Comm. on Intelligence) and 107-92 (Comm. on Armed Services), both accompanying S. 1428. CONGRESSIONAL RECORD, Vol. 147 (2001): Oct. 5, considered and passed House. Nov. 8, considered and passed Senate, amended, in lieu of S. 1428. Dec. 12, House agreed to conference report. Dec. 13, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): Dec. 28, Presidential statement.