NATIONAL SECURITY AGENCY ACT OF 1959
PL 86-36
Pub. L. 86-36, May 29, 1959, 73 Stat. 63, as amended by Pub. L.
87-367, title II, Sec. 201, 204, Oct. 4, 1961, 75 Stat. 789, 791;
Pub. L. 87-793, Sec. 1001(c), Oct. 11, 1962, 76 Stat. 864; Sept.
23, 1950, ch. 1024, title III, Sec. 306(a), as added Mar. 26, 1964,
Pub. L. 88-290, 78 Stat. 170; Aug. 14, 1964, Pub. L. 88-426, title
III, Sec. 306(h), 78 Stat. 430; Oct. 6, 1964, Pub. L. 88-631, Sec.
3(d), 78 Stat. 1008; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80
Stat. 660; Oct. 8, 1966, Pub. L. 89-632, Sec. 1(e), 80 Stat. 878;
Pub. L. 91-187, Sec. 2, Dec. 30, 1969, 83 Stat. 850; Pub. L.
96-450, title IV, Sec. 402(a), Oct. 14, 1980, 94 Stat. 1977; Pub.
L. 97-89, title VI, Sec. 601-603, Dec. 4, 1981, 95 Stat. 1154-1156,
eff. Oct. 1, 1981; Pub. L. 99-335, title V, Sec. 507(a), June 6,
1986, 100 Stat. 628; Pub. L. 99-569, title V, Sec. 505, Oct. 27,
1986, 100 Stat. 3200; Pub. L. 101-193, title V, Sec. 505(b), Nov.
30, 1989, 103 Stat. 1709; Pub. L. 101-194, title V, Sec. 506(c)(2),
Nov. 30, 1989, 103 Stat. 1759; Pub. L. 102-88, title V, Sec. 503,
Aug. 14, 1991, 105 Stat. 436; Pub. L. 102-183, title IV, Sec. 405,
Dec. 4, 1991, 105 Stat. 1267; Pub. L. 102-496, title III, Sec.
304(a), title IV, Sec. 405, title VIII, Sec. 803(b), Oct. 24, 1992,
106 Stat. 3183, 3186, 3253, provided:
Sec. 1. This Act (this note) may be cited as the 'National
Security Agency Act of 1959'. (Amended Pub. L. 89-554, Sec. 8(a),
Sept. 6, 1966, 80 Stat. 660; Pub. L. 96-450, title IV, Sec. 402(a)(2),
Oct. 14, 1980, 94 Stat. 1978.)
Sec. 2. (a) The Secretary of Defense (or his designee) is
authorized to establish such positions, and to appoint thereto,
without regard to the civil service laws, such officers and
employees, in the National Security Agency, as may be necessary to
carry out the functions of such agency. The rates of basic pay for
such positions shall be fixed by the Secretary of Defense (or his
designee for this purpose) in relation to the rates of basic pay
provided for in subpart D of part III of title 5, United States
Code, for positions subject to such title which have corresponding
levels of duties and responsibilities. Except as otherwise
provided by law, no officer or employee of the National Security
Agency shall be paid basic pay at a rate in excess of the maximum
rate payable under section 5376 of such title and not more than 70
such officers and employees shall be paid within the range of rates
authorized in section 5376 of such title.
(b) The Secretary of Defense (or his designee) may provide
officers and employees of the National Security Agency other
compensation, benefits, incentives, and allowances which are
consistent with, and do not exceed the levels authorized for, such
compensation, benefits, incentives, or allowances by title 5,
United States Code.
(Amended Pub. L. 87-367, title II, Sec. 201, Oct. 4, 1961, 75
Stat. 789; Sept. 23, 1950, ch. 1024, title III, Sec. 306(a), as
added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 170; Aug. 14, 1964,
Pub. L. 88-426, title III, Sec. 306(h), 78 Stat. 430; Oct. 6, 1964,
Pub. L. 88-631, Sec. 3(d), 78 Stat. 1008; Oct. 8, 1966, Pub. L.
89-632, Sec. 1(e)(1), 80 Stat. 878; Pub. L. 102-496, title IV, Sec.
405, Oct. 24, 1992, 106 Stat. 3186.)
Sec. 3. (Amended section 1581(a) of Title 10, Armed Forces.)
Sec. 4. The Secretary of Defense (or his designee for the
purpose) is authorized to -
(1) establish in the National Security Agency (A)
professional engineering positions primarily concerned with
research and development and (B) professional positions in the
physical and natural sciences, medicine, and cryptology; and
(2) fix the respective rates of pay of such positions at
rates equal to rates of basic pay contained in grades 16, 17, and
18 of the General Schedule set forth in section 5332 of title 5,
United States Code.
Officers and employees appointed to positions established under
this section shall be in addition to the number of officers and
employees appointed to positions under section 2 of this Act who
may be paid at rates equal to rates of basic pay contained in
grades 16, 17, and 18 of the General Schedule. (As amended Pub. L.
87-367, title II, Sec. 204, Oct. 4, 1961, 75 Stat. 791; Pub. L.
87-793, Sec. 1001(c), Oct. 11, 1962, 76 Stat. 864; Pub. L. 89-632,
Sec. 1(e)(2), Oct. 8, 1966, 80 Stat. 878; Pub. L. 91-187, Sec. 2,
Dec. 30, 1969, 83 Stat. 850).
Sec. 5. Officers and employees of the National Security Agency
who are citizens or nationals of the United States may be granted
additional compensation, in accordance with regulations which shall
be prescribed by the Secretary of Defense, not in excess of
additional compensation authorized by section 207 of the
Independent Offices Appropriation Act, 1949, as amended (5 U.S.C.
118h) (see 5 U.S.C. 5941), for employees whose rates of basic
compensation are fixed by statute.
Sec. 6. (a) Except as provided in subsection (b) of this
section, nothing in this Act or any other law (including, but not
limited to, the first section and section 2 of the Act of August
28, 1935 (5 U.S.C. 654) (repealed by Pub. L. 86-626, title I, Sec.
101, July 12, 1960, 74 Stat. 427)) shall be construed to require
the disclosure of the organization or any function of the National
Security Agency, or any information with respect to the activities
thereof, or of the names, titles, salaries, or number of the
persons employed by such agency.
(b) The reporting requirements of section 1582 of title 10,
United States Code, shall apply to positions established in the
National Security Agency in the manner provided by section 4 of
this Act.
Sec. 7. (Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
Stat. 660.)
Sec. 8. The foregoing provisions of this Act shall take effect
on the first day of the first pay period which begins later than
the thirtieth day following the date of enactment of this Act.
Sec. 9. (a) Notwithstanding section 322 of the Act of June 30,
1932 (40 U.S.C. 278a), section 5536 of title 5, United States Code,
and section 2675 of title 10, United States Code, the Director of
the National Security Agency, on behalf of the Secretary of
Defense, may lease real property outside the United States, for
periods not exceeding ten years, for the use of the National
Security Agency for special cryptologic activities and for housing
for personnel assigned to such activities.
(b) The Director of the National Security Agency, on behalf of
the Secretary of Defense, may provide to certain civilian and
military personnel of the Department of Defense who are assigned to
special cryptologic activities outside the United States and who
are designated by the Secretary of Defense for the purposes of this
subsection -
(1) allowances and benefits -
(A) comparable to those provided by the Secretary of State
to members of the Foreign Service under chapter 9 of title I of
the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any
other provision of law; and
(B) in the case of selected personnel serving in
circumstances similar to those in which personnel of the
Central Intelligence Agency serve, comparable to those provided
by the Director of Central Intelligence to personnel of the
Central Intelligence Agency;
(2) housing (including heat, light, and household equipment)
without cost to such personnel, if the Director of the National
Security Agency, on behalf of the Secretary of Defense determines
that it would be in the public interest to provide such housing;
and
(3) special retirement accrual in the same manner provided in
section 303 of the Central Intelligence Agency Retirement Act (50
U.S.C. 403 note) (50 U.S.C. 2001 et seq.) and in section 18 of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403r).
(c) The authority of the Director of the National Security
Agency, on behalf of the Secretary of Defense, to make payments
under subsections (a) and (b), and under contracts for leases
entered into under subsection (a), is effective for any fiscal year
only to the extent that appropriated funds are available for such
purpose.
(d) Members of the Armed Forces may not receive benefits under
both subsection (b)(1) and title 37, United States Code, for the
same purpose. The Secretary of Defense shall prescribe such
regulations as may be necessary to carry out this subsection.
(e) Regulations issued pursuant to subsection (b)(1) shall be
submitted to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate before such regulations take effect.
(Amended Pub. L. 102-496, title VIII, Sec. 803(b), Oct. 24, 1992,
106 Stat. 3253. Amendment by Pub. L. 102-496 effective on first day
of fourth month beginning after Oct. 24, 1992, see section 805 of
Pub. L. 102-496, set out as an Effective Date note under section
2001 of this title.)
(Amended Pub. L. 101-193, title V, Sec. 505(b), Nov. 30, 1989,
103 Stat. 1709.)
(Amended Pub. L. 99-335, title V, Sec. 507(a), June 6, 1986, 100
Stat. 628. Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see
section 702(a) of Pub. L. 99-335, set out as an Effective Date note
under section 8401 of Title 5, Government Organization and
Employees.)
(Amended Pub. L. 97-89, title VI, Sec. 601, Dec. 4, 1981, 95
Stat. 1154.)
(Added Pub. L. 96-450, title IV, Sec. 401(a)(1), Oct. 14, 1980,
94 Stat. 1977.)
Sec. 10. (a) The Director of the National Security Agency shall
arrange for, and shall prescribe regulations concerning, language
and language-related training programs for military and civilian
cryptologic personnel. In establishing programs under this section
for language and language-related training, the Director -
(1) may provide for the training and instruction to be
furnished, including functional and geographic area
specializations;
(2) may arrange for training and instruction through other
Government agencies and, in any case in which appropriate
training or instruction is unavailable through Government
facilities, through nongovernmental facilities that furnish
training and instruction useful in the fields of language and
foreign affairs;
(3) may support programs that furnish necessary language and
language-related skills, including, in any case in which
appropriate programs are unavailable at Government facilities,
support through contracts, grants, or cooperation with
nongovernmental educational institutions; and
(4) may obtain by appointment or contract the services of
individuals to serve as language instructors, linguists, or
special language project personnel.
(b)(1) In order to maintain necessary capability in foreign
language skills and related abilities needed by the National
Security Agency, the Director, without regard to subchapter IV of
chapter 55 of title 5, United States Code, may provide special
monetary or other incentives to encourage civilian cryptologic
personnel of the Agency to acquire or retain proficiency in foreign
languages or special related abilities needed by the Agency.
(2) In order to provide linguistic training and support for
cryptologic personnel, the Director -
(A) may pay all or part of the tuition and other expenses
related to the training of personnel who are assigned or detailed
for language and language-related training, orientation, or
instruction; and
(B) may pay benefits and allowances to civilian personnel in
accordance with chapters 57 and 59 of title 5, United States
Code, and to military personnel in accordance with chapter 7 of
title 37, United States Code, and applicable provisions of title
10, United States Code, when such personnel are assigned to
training at sites away from their designated duty station.
(c)(1) To the extent not inconsistent, in the opinion of the
Secretary of Defense, with the operation of military cryptologic
reserve units and in order to maintain necessary capability in
foreign language skills and related abilities needed by the
National Security Agency, the Director may establish a cryptologic
linguist reserve. The cryptologic linguist reserve may consist of
former or retired civilian or military cryptologic personnel of the
National Security Agency and of other qualified individuals, as
determined by the Director of the Agency. Each member of the
cryptologic linguist reserve shall agree that, during any period of
emergency (as determined by the Director), the member shall return
to active civilian status with the National Security Agency and
shall perform such linguistic or linguistic-related duties as the
Director may assign.
(2) In order to attract individuals to become members of the
cryptologic linguist reserve, the Director, without regard to
subchapter IV of chapter 55 of title 5, United States Code, may
provide special monetary incentives to individuals eligible to
become members of the reserve who agree to become members of the
cryptologic linguist reserve and to acquire or retain proficiency
in foreign languages or special related abilities.
(3) In order to provide training and support for members of the
cryptologic linguist reserve, the Director -
(A) may pay all or part of the tuition and other expenses
related to the training of individuals in the cryptologic
linguist reserve who are assigned or detailed for language and
language-related training, orientation, or instruction; and
(B) may pay benefits and allowances in accordance with
chapters 57 and 59 of title 5, United States Code, to individuals
in the cryptologic linguist reserve who are assigned to training
at sites away from their homes or regular places of business.
(d)(1) The Director, before providing training under this
section to any individual, may obtain an agreement with that
individual that -
(A) in the case of current employees, pertains to
continuation of service of the employee, and repayment of the
expenses of such training for failure to fulfill the agreement,
consistent with the provisions of section 4108 of title 5, United
States Code; and
(B) in the case of individuals accepted for membership in the
cryptologic linguist reserve, pertains to return to service when
requested, and repayment of the expenses of such training for
failure to fulfill the agreement, consistent with the provisions
of section 4108 of title 5, United States Code.
(2) The Director, under regulations prescribed under this
section, may waive, in whole or in part, a right of recovery under
an agreement made under this subsection if it is shown that the
recovery would be against equity and good conscience or against the
public interest.
(e)(1) Subject to paragraph (2), the Director may provide to
family members of military and civilian cryptologic personnel
assigned to representational duties outside the United States, in
anticipation of the assignment of such personnel outside the United
States or while outside the United States, appropriate orientation
and language training that is directly related to the assignment
abroad.
(2) Language training under paragraph (1) may not be provided
to any individual through payment 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) The Director may waive the applicability of any provision
of chapter 41 of title 5, United States Code, to any provision of
this section if he finds that such waiver is important to the
performance of cryptologic functions.
(g) 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 issued pursuant to this section shall be
submitted to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate before such regulations take effect.
(i) 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, United States Code, pay travel,
transportation, storage, and subsistence expenses under chapter 57
of such title to civilian and military personnel of the Department
of Defense who are assigned to duty outside the United States for a
period of one year or longer which involves cryptologic training,
language training, or related disciplines. (Added Pub. L. 96-450,
title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1978, and amended
Pub. L. 97-89, title VI, Sec. 602, Dec. 4, 1981, 95 Stat. 1154.)
Sec. 11. 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 3 of the Act
of June 1, 1948 (40 U.S.C. 318b), 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. (Added Pub.
L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1978.)
Sec. 12. (a)(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 regulations
establishing the Senior Cryptologic Executive Service shall -
(A) meet the requirements set forth in section 3131 of title
5, United States Code, for the Senior Executive Service;
(B) provide that positions in the Senior Cryptologic
Executive Service meet requirements that are consistent with the
provisions of section 3132(a)(2) of such title;
(C) provide, without regard to section 2, rates of pay for
the Senior Cryptologic Executive Service that are not in excess
of the maximum 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 Senior 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 section 3592 of such
title, and removal or suspension 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
provisions 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
provisions of section 3396(c) of such title.(;) and
(H) provide for the recertification of members of the Senior
Cryptologic Executive Service consistent with the provisions of
section 3393a 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 provisions of title 5, United States Code,
applicable to applicants for or members of the Senior Executive
Service; and
(B) appoint, promote, and assign individuals to positions
established within the Senior Cryptologic Executive Service
without regard to the provisions of title 5, United States Code,
governing appointments and other personnel actions in the
competitive service.
(3) The President, based on the recommendations of the
Secretary of Defense, may award ranks to members of the Senior
Cryptologic Executive Service in a manner consistent with the
provisions of section 4507 of title 5, United States Code.
(4) Notwithstanding any other provision of this section, the
Director of the National Security Agency may detail or assign any
member of the Senior Cryptologic Executive Service to serve in a
position outside the National Security Agency in which the member's
expertise and experience may be of benefit to the National Security
Agency or another Government agency. Any such member shall not by
reason of such detail or assignment lose any entitlement or status
associated with membership in the Senior Cryptologic Executive
Service.
(5) The Director of the National Security Agency shall each
year submit to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate, at the time the Budget is submitted by
the President to the Congress for the next fiscal year, a report on
executive personnel in the National Security Agency. The report
shall include -
(A) the total number of positions added to or deleted from
the Senior Cryptologic Executive Service during the preceding
fiscal year;
(B) the number of executive personnel (including all members
of the Senior Cryptologic Executive Service) being paid at each
grade level and pay rate in effect at the end of the preceding
fiscal year;
(C) the number, distribution, and amount of awards paid to
members of the Senior Cryptologic Executive Service during the
preceding fiscal year; and
(D) the number of individuals removed from the Senior
Cryptologic Executive Service during the preceding fiscal year
for less than fully successful performance.
(b) The Secretary of Defense (or his designee) may by
regulation establish a merit pay system for such employees of the
National Security Agency as the Secretary of Defense (or his
designee) considers appropriate. The merit pay system shall be
designed to carry out purposes consistent with those set forth in
section 5401(a) of title 5, United States Code.
(c) Nothing in this section shall be construed to allow the
aggregate amount payable to a member of the Senior Cryptologic
Executive Service under this section during any fiscal year to
exceed the annual rate payable for positions at level I of the
Executive Schedule (5 U.S.C. 5312) in effect at the end of such
year. (Added Pub. L. 97-89, title VI, Sec. 603, Dec. 4, 1981, 95
Stat. 1156.)
(Amended Pub. L. 101-194, title V, Sec. 506(c)(2), Nov. 30, 1989,
103 Stat. 1759. Amendment by Pub. L. 101-194 effective Jan. 1,
1991, see section 506(d) of Pub. L. 101-194, set out as an
Effective Date of 1989 Amendment note under section 3151 of Title
5, Government Organization and Employees.)
Sec. 13. (a) The Director of the National Security Agency may
make grants to private individuals and institutions for the conduct
of cryptologic research. An application for a grant under this
section may not be approved unless the Director determines that the
award of the grant would be clearly consistent with the national
security.
(b) The grant program established by subsection (a) shall be
conducted in accordance with the Federal Grant and Cooperative
Agreement Act of 1977 (41 U.S.C. 501 et seq.) (31 U.S.C. 6301 et
seq.) to the extent that such Act is consistent with and in
accordance with section 6 of this Act.
(c) The authority of the Director to make grants under this
section is effective for any fiscal year only to the extent that
appropriated funds are available for such purpose. (Added Pub. L.
97-89, title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.)
Sec. 14. Funds appropriated to an entity of the Federal
Government other than an element of the Department of Defense that
have been specifically appropriated for the purchase of cryptologic
equipment, materials, or services with respect to which the
National Security Agency has been designated as the central source
of procurement for the Government shall remain available for a
period of three fiscal years. (Added Pub. L. 97-89, title VI, Sec.
603, Dec. 4, 1981, 95 Stat. 1156.)
Sec. 15. (a) No person may, except with the written permission
of the Director of the National Security Agency, knowingly use the
words 'National Security Agency', the initials 'NSA', the seal of
the National Security Agency, or any colorable imitation of such
words, initials, or seal in connection with any merchandise,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the National Security Agency.
(b) Whenever it appears to the Attorney General that any person
is engaged or is about to engage in an act or practice which
constitutes or will constitute conduct prohibited by subsection
(a), the Attorney General may initiate a civil proceeding in a
district court of the United States to enjoin such act or
practice. Such court shall proceed as soon as practicable to the
hearing and determination of such action and may, at any time
before final determination, enter such restraining orders or
prohibitions, or take such other action as is warranted, to prevent
injury to the United States or to any person or class of persons
for whose protection the action is brought. (Added Pub. L. 97-89,
title VI, Sec. 603, Dec. 4, 1981, 95 Stat. 1156.)
Sec. 16. (a) The purpose of this section is to establish an
undergraduate training program, which may lead to the baccalaureate
degree, to facilitate the recruitment of individuals, particularly
minority high school students, with a demonstrated capability to
develop skills critical to the mission of the National Security
Agency, including mathematics, computer science, engineering, and
foreign languages.
(b) The Secretary of Defense is authorized, in his discretion,
to assign civilian employees of the National Security Agency as
students at accredited professional, technical, and other
institutions of higher learning for training at the undergraduate
level in skills critical to effective performance of the mission of
the Agency.
(c) The National Security Agency may pay, directly or by
reimbursement to employees, expenses incident to assignments under
subsection (b), in any fiscal year only to the extent that
appropriated funds are available for such purpose.
(d)(1) To be eligible for assignment under subsection (b), an
employee of the Agency must agree in writing -
(A) to continue in the service of the Agency for the period
of the assignment and to complete the educational course of
training for which the employee is assigned;
(B) to continue in the service of the Agency following
completion of the assignment for a period of one-and-a-half years
for each year of the assignment or part thereof;
(C) to reimburse the United States for the total cost of
education (excluding the employee's pay and allowances) provided
under this section to the employee if, prior to the employee's
completing the educational course of training for which the
employee is assigned, the assignment or the employee's employment
with the Agency is terminated either by the Agency due to
misconduct by the employee or by the employee voluntarily; and
(D) to reimburse the United States if, after completing the
educational course of training for which the employee is
assigned, the employee's employment with the Agency is terminated
either by the Agency due to misconduct by the employee or by the
employee voluntarily, prior to the employee's completion of the
service obligation period described in subparagraph (B), in an
amount that bears the same ratio to the total cost of the
education (excluding the employee's pay and allowances) provided
to the employee as the unserved portion of the service obligation
period described in subparagraph (B) bears to the total period of
the service obligation described in subparagraph (B).
(2) Subject to paragraph (3), the obligation to reimburse the
United States under an agreement described in paragraph (1),
including interest due on such obligation, is for all purposes a
debt owing the United States.
(3)(A) A discharge in bankruptcy under title 11, United States
Code, shall not release a person from an obligation to reimburse
the United States required under an agreement described in
paragraph (1) if the final decree of the discharge in bankruptcy is
issued within five years after the last day of the combined period
of service obligation described in subparagraphs (A) and (B) of
paragraph (1).
(B) The Secretary of Defense may release a person, in whole or
in part, from the obligation to reimburse the United States under
an agreement described in paragraph (1) when, in his discretion,
the Secretary determines that equity or the interests of the United
States so require.
(C) The Secretary of Defense shall permit an employee assigned
under this section who, prior to commencing a second academic year
of such assignment, voluntarily terminates the assignment or the
employee's employment with the Agency, to satisfy his obligation
under an agreement described in paragraph (1) to reimburse the
United States by reimbursement according to a schedule of monthly
payments which results in completion of reimbursement by a date
five years after the date of termination of the assignment or
employment or earlier at the option of the employee.
(e)(1) When an employee is assigned under this section to an
institution, the Agency shall disclose to the institution to which
the employee is assigned that the Agency employs the employee and
that the Agency funds the employee's education.
(2) Agency efforts to recruit individuals at educational
institutions for participation in the undergraduate training
program established by this section shall be made openly and
according to the common practices of universities and employers
recruiting at such institutions.
(f) Chapter 41 of title 5 and subsections (a) and (b) of
section 3324 of title 31, United States Code, shall not apply with
respect to this section.
(g) The Secretary of Defense may issue such regulations as may
be necessary to implement this section. (Added Pub. L. 99-569,
title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3200.)
Sec. 17. (a) Notwithstanding any other law, the Director of the
National Security Agency may use appropriated funds to assist
employees who have been in sensitive positions who are found to be
ineligible for continued access to Sensitive Compartmented
Information and employment with the Agency, or whose employment has
been terminated -
(1) in finding and qualifying for subsequent employment,
(2) in receiving treatment of medical or psychological
disabilities, and
(3) in providing necessary financial support during periods
of unemployment,
if the Director determines that such assistance is essential to
maintain the judgment and emotional stability of such employee and
avoid circumstances that might lead to the unlawful disclosure of
classified information to which such employee had access.
Assistance provided under this section for an employee shall not be
provided any longer than five years after the termination of the
employment of the employee.
(b) The Director of the National Security Agency shall report
annually to the Committees on Appropriations of the Senate and
House of Representatives, the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives with respect to any expenditure made
pursuant to this section. (Added Pub. L. 102-88, title V, Sec. 503,
Aug. 14, 1991, 105 Stat. 436.)
Sec. 18. (a) The Secretary of Defense may pay the expenses
referred to in section 5742(b) of title 5, United States Code, in
the case of any employee of the National Security Agency who dies
while on a rotational tour of duty within the United States or
while in transit to or from such tour of duty.
(b) For the purposes of this section, the term 'rotational tour
of duty', with respect to an employee, means a permanent change of
station involving the transfer of the employee from the National
Security Agency headquarters to another post of duty for a fixed
period established by regulation to be followed at the end of such
period by a permanent change of station involving a transfer of the
employee back to such headquarters. (Added Pub. L. 102-183, title
IV, Sec. 405, Dec. 4, 1991, 105 Stat. 1267; amended Pub. L.
102-496, title III, Sec. 304(a), Oct. 24, 1992, 106 Stat. 3183.)
(References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.)
