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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2017 · Sec. 952

Sec. 952. MODIFICATION OF AUTHORITY OF THE SECRETARY OF DEFENSE RELATING TO PROTECTION OF THE PENTAGON RESERVATION AND OTHER DEPARTMENT OF DEFENSE FACILITIES IN THE NATIONAL CAPITAL REGION

923 words·~4 min read·/statute-compilations/comps-13740/sec-952

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## SEC. 952 MODIFICATION OF AUTHORITY OF THE SECRETARY OF DEFENSE RELATING TO PROTECTION OF THE PENTAGON RESERVATION AND OTHER DEPARTMENT OF DEFENSE FACILITIES IN THE NATIONAL CAPITAL REGION ###
(a)Law Enforcement Authority Subsection
(b)of section 2674 of title 10, United States Code, is amended— ####
(1)by redesignating paragraph
(2)as paragraph (5); and ####
(2)by striking the matter in such subsection preceding such paragraph and inserting the following: > > ### “(b) > > > ####
(1)> > The Secretary shall protect the buildings, grounds, and property located in the National Capital Region that are occupied by, or under the jurisdiction, custody, or control of, the Department of Defense, and the persons on that property. > > > #### “(2) > > The Secretary may designate military or civilian personnel to perform law enforcement functions and military, civilian, or contract personnel to perform security functions for such buildings, grounds, property, and persons, including, with regard to civilian personnel designated under this section, duty in areas outside the property referred to in paragraph
(1)to the extent necessary to protect that property and persons on that property. Subject to the authorization of the Secretary, any such military or civilian personnel so designated may exercise the authorities listed in paragraphs
(1)through
(5)of section 2672(c) of this title. > > > #### “(3) > > The powers granted under paragraph
(2)to military and civilian personnel designated under that paragraph shall be exercised in accordance with guidelines prescribed by the Secretary and approved by the Attorney General. > > > #### “(4) > > Nothing in this subsection shall be construed to— > > > ##### “(A) > > preclude or limit the authority of any Defense Criminal Investigative Organization or any other Federal law enforcement agency; > > > ##### “(B) > > restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) or the authority of the Administrator of General Services, including the authority to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively; > > > ##### “(C) > > expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797); > > > ##### “(D) > > affect chapter 47 of this title (the Uniform Code of Military Justice); > > > ##### “(E) > > restrict any other authority of the Secretary of Defense or the Secretary of a military department; or > > > ##### “(F) > > restrict the authority of the Director of the National Security Agency under section 11 of the National Security Agency Act of 1959 (50 U.S.C. 3609).” > . ###
(b)Rates of Basic Pay for Civilian Law Enforcement Personnel Paragraph
(5)of such subsection, as redesignated by subsection (a)(1) of this section, is amended by inserting “, whichever is greater” before the period at the end. ###
(c)Codification of Authority To Provide Physical Protection and Personal Security Within United States to Certain Senior Leaders in DoD and Other Specified Persons ####
(1)In general Chapter 41 of title 10, United States Code, is amended by inserting after section 713 a new section 714 consisting of— #####
(A)**[**[10 U.S.C. 714](/us/usc/t10/s714)**]** a heading as follows: > > ## “SEC. 714 Senior leaders of the Department of Defense and other specified persons: authority to provide protection within the United States” > ; and #####
(B)a text consisting of the text of subsections
(a)through
(d)of section 1074 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 113 note). ####
(2)Clerical amendment **[**[10 U.S.C. 711](/us/usc/t10/s711)**]** The table of sections at the beginning of chapter 41 of such title is amended by adding at the end the following new item:" “714. Senior leaders of the Department of Defense and other specified persons: authority to provide protection within the United States.” ". ####
(3)Repeal of codified provision Section 1074 of the National Defense Authorization Act for Fiscal Year 2008 is repealed. ####
(4)Conforming and stylistic amendments due to codification Section 714 of title 10, United States Code, as added by paragraph (1), is amended— #####
(A)in subsections (a), (b)(1), and (d)(1), by striking “Armed Forces” and inserting “armed forces”; #####
(B)in subsection (c)— ######
(i)by striking “section:” and all that follows through “Forces’ and” and inserting “section, the terms ‘qualified members of the armed forces’ and”; and ######
(ii)by redesignating subparagraphs
(A)through
(E)as paragraphs
(1)through (5), respectively, and realigning the left margin of such paragraphs, as so redesignated, two ems to the left; and #####
(C)in subsection (d)(2), by striking “, United States Code”. ####
(5)Amendments for consistency with title 10 usage as to service chiefs Such section is further amended— #####
(A)in subsection (a)— ######
(i)in paragraph (6), by striking “Chiefs of the Services” and inserting “Members of the Joint Chiefs of Staff in addition to the Chairman and Vice Chairman”; ######
(ii)by striking paragraph (7); and ######
(iii)by redesignating paragraph
(8)as paragraph (7); and #####
(B)in subsection (b)(1), by striking “through (8)” and inserting “through (7)”. ####
(6)Amendments for consistency with title 10 usage as to “military member” Subsection (b)(2)(A) of such section is amended— #####
(A)by striking “, military member,”; and #####
(B)by inserting after “of the Department of Defense” the following: “or member of the armed forces”.
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cites case law
Sec. 952
MODIFICATION OF AUTHORITY OF THE SECRETARY OF DEFENSE RELATING TO PROTECTION OF THE PENTAGON RESERVATION AND OTHER DEPARTMENT OF DEFENSE FACILITIES IN THE NATIONAL CAPITAL REGION
U.S.C.§ 101
U.S.C.§ 797
U.S.C.§ 3609
U.S.C.§ 714
U.S.C.§ 113
U.S.C.§ 711
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