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former subsec. (f) as (g), See Effective and Termination Dates of 1988 Amendment note below.

1986–Subsec. (e), Pub. L. 99-433 added subsec. (e).

Subsec. (f). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 amended section identically adding subsec. (f),

1951–Subsec. (a). Act Oct. 10, 1951, inserted cl. (5) relating to Director for Mutual Security, in fourth paragraph, and renumbered former cls. (5) and (6) thereof as cls. (6) and (7), respectively.

1949-Subsec. (a). Act Aug. 10, 1949, added the Vice President to the Council, removed the Secretaries of the military departments, to authorize the President to add, with the consent of the Senate, Secretaries and Under Secretaries of other executive departments and of the military department, and the Chairmen of the Munitions Board and the Research and Development Board.

Subsec. (c). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923, as amended”. EFFECTIVE AND TERMINATION DATES OF 1988

AMENDMENT Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and repealed Sept. 30, 1997, see section 1506 of Title 21, Food and Drugs, and section 1012 of Pub. L. 100-690, set out as an Effective Date note under section 1501 of Title 21.

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REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.

TRANSFER OF FUNCTIONS Office of Director for Mutual Security abolished and functions of Director, including those as a member of National Security Council, transferred to Director of Foreign Operations Administration by Reorg. Plan No. 7 of 1953, eff. Aug. 1, 1953, 18 F.R. 4541, set out in the Appendix to Title 5, Government Organization and Employees. Foreign Operations Administration abolished by Ex. Ord. No. 10610, May 9, 1955, 20 F.R. 3179, and its functions and offices transferred to Department of State to be administered by International Cooperation Administration. For later transfer, see section 2381 of Title 22, Foreign Relations and Intercourse, and notes set out under that section.

National Security Resources Board, together with Office of Chairman, abolished by section 6 of Reorg. Plan No. 3 of 1953, eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634, set out under section 404 of this title. Functions of Chairman with limited exception, including his functions as a member of National Security Council transferred Office of Defense Mobilization by section 2(a) of Reorg. Plan No. 3 of 1953. Functions of Director of Office of Defense Mobilization with respect to being a member of National Security Council transferred to Director of Office of Civil and Defense Mobilization by Reorg. Plan No. 1 of 1958, $4, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended by Pub. L. 85-763, Aug. 26, 1958, 72 Stat. 861, set out as a note under section 5195 of Title 42, The Public Health and Welfare. For subsequent transfers to Office of Emergency Planning, Office of Emergency Preparedness, and President, see Transfer of Functions notes set out under section 404 of this title.

Munitions Board, together with office of Chairman, abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title 5, Government Organization and Employees. All functions vested in Munitions Board transferred to Secretary of Defense by section 1(a) of Reorg. Plan No. 6 of 1953.

Research and Development Board, together with office of Chairman, abolished by section 2 of Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743, 67 Stat. 638, set out in the Appendix to Title 5, Govern

ment Organization and Employees. Functions vested in Board transferred to Secretary of Defense by section 1(a) of Reorg. Plan No. 6 of 1953.

National Security Council, together with its functions, records, property, personnel, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) transferred to Executive Office of President by Reorg. Plan No. 4 of 1949, eff. Aug. 20, 1949, 14 F.R. 5227, 63 Stat. 1067, set out in the Appendix to Title 5, Government Organization and Employees.

RULE OF CONSTRUCTION POR DUPLICATE AUTHORIZA

TION AND APPROPRIATION PROVISIONS OF PUBLIC LAWS 99-500, 99-591, AND 99-661

For rule of construction for certain duplicate provisions of Public Laws 99-500, 99-591, and 99-661, see section 6 of Pub. L. 100-26, set out as a note under sec. tion 2302 of Title 10, Armed Forces.

SECTION AS UNAFFECTED BY REPEALS Repeals by section 542(a) of Mutual Security Act of 1954 did not repeal amendment to this section by act Oct. 10, 1951.

NATIONAL SECURITY AGENCY ACT OF 1959 Pub. L. 86-36, May 29, 1959, 73 Stat. 63, as amended by Pub. L. 87-367, title II, $$ 201, 204, Oct. 4, 1961, 75 Stat. 789, 791; Pub. L. 87-793, $ 1001(c), Oct. 11, 1962, 76 Stat. 864; Sept. 23, 1950, ch. 1024, title III, § 306(a), as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 170; Aug. 14, 1964, Pub. L. 88-426, title III, $ 306(h), 78 Stat. 430; Oct. 6, 1964, Pub. L. 88-631, $ 3(d), 78 Stat. 1008; Sept. 6, 1966, Pub. L. 89-554, $ 8(a), 80 Stat. 660; Oct. 8, 1966, Pub. L. 89-632, § 1(e), 80 Stat. 878; Pub. L. 91-187, § 2, Dec. 30, 1969, 83 Stat. 850; Pub. L. 96-450, title IV, $ 402(a), Oct. 14, 1980, 94 Stat. 1977; Pub. L. 97-89, title VI, 88 601-603, Dec. 4, 1981, 95 Stat. 1154-1156, eff. Oct. 1, 1981; Pub. L. 99-335, title V, $ 507(a), June 6, 1986, 100 Stat. 628; Pub. L. 99-569, title V, $ 505, Oct. 27, 1986, 100 Stat. 3200; Pub. L. 101-193, title V, $ 505(b), Nov. 30, 1989, 103 Stat. 1709; Pub. L. 101-194, title V, $ 506(c)(2), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 102-88, title V, $ 503, Aug. 14, 1991, 105 Stat. 436; Pub. L. 102-183, title IV, § 405, Dec. 4, 1991, 105 Stat. 1267; Pub. L. 102-496, title III, $ 304(a), title IV, $ 405, title VIII, $ 803(b), Oct. 24, 1992, 106 Stat. 3183, 3186, 3253; Pub. L. 103-359, title VIII, $ 806(b)(2), Oct. 14, 1994, 108 Stat. 3442, provided: "That this Act (this note) may be cited as the 'National Security Agency Act of 1959'. (Amended Pub. L. 89-554, $ 8(a), Sept. 6, 1966, 80 Stat. 660; Pub. L. 96-450, title IV, $ 402(a)(2), Oct. 14, 1980, 94 Stat. 1978.)

"Sec. 2. (a) The Secretary of Defense (or his desig. nee) 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 Securi. ty 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, $ 201, Oct. 4, 1961, 75 Stat. 789; Sept. 23, 1950, ch. 1024, title III, § 306(a), as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 170; Aug. 14, 1964, Pub. L. 88-426, title III, § 306(h), 78 Stat. 430; Oct. 6, 1964, Pub. L. 88-631, $ 3(d), 78 Stat. 1008; Oct. 8, 1966, Pub. L. 89-632, § 1(e)(1), 80 Stat. 878; Pub. L. 102-496, title IV, $ 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, $ 204, Oct. 4, 1961, 75 Stat. 791; Pub. L. 87-793, & 1001(c), Oct. 11, 1962, 76 Stat. 864; Pub. L. 89-632, § 1(e)(2), Oct. 8, 1966, 80 Stat. 878; Pub. L. 91-187, § 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, § 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, $ 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 (à), 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, $ 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, $ 505(b), Nov. 30, 1989, 103 Stat. 1709.)

(Amended Pub. L. 99-335, title V, $ 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, $ 601, Dec. 4, 1981, 95 Stat. 1154.)

(Added Pub. L. 96-450, title IV, $ 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 con

tracts, grants, or cooperation with nongovernmental "(2) The Director, under regulations prescribed educational institutions; and

under this section, may waive, in whole or in part, a "(4) may obtain by appointment or contract the right of recovery under an agreement made under this services of individuals to serve as language instruc- subsection if it is shown that the recovery would be tors, linguists, or special language project personnel. against equity and good conscience or against the

"(bX1) In order to maintain necessary capability in public interest. foreign language skills and related abilities needed by “(eX1) Subject to paragraph (2), the Director may the National Security Agency, the Director, without provide to family members of military and civilian regard to subchapter IV of chapter 55 of title 5, cryptologic personnel assigned to representational United States Code, may provide special monetary or

duties outside the United States, in anticipation of the other incentives to encourage civilian cryptologic per

assignment of such personnel outside the United sonnel of the Agency to acquire or retain proficiency

States or while outside the United States, appropriate in foreign languages or special related abilities needed

orientation and language training that is directly reby the Agency.

lated to the assignment abroad. "(2) In order to provide linguistic training and support for cryptologic personnel, the Director

"(2) Language training under paragraph (1) may not "(A) may pay all or part of the tuition and other

be provided to any individual through payment of the expenses related to the training of personnel who

expenses of tuition or other cost of instruction at a are assigned or detailed for language and language

non-Government educational institution unless approrelated training, orientation, or instruction; and

priate instruction is not available at a Government fa"(B) may pay benefits and allowances to civilian cility. personnel in accordance with chapters 57 and 59 of

"(f) The Director may waive the applicability of any title 5, United States Code, and to military personnel

provision of chapter 41 of title 5, United States Code, in accordance with chapter 7 of title 37, United

to any provision of this section if he finds that such States Code, and applicable provisions of title 10,

waiver is important to the performance of cryptologic United States Code, when such personnel are as

functions. signed to training at sites away from their designat- "(g) The authority of the Director to enter into coned duty station.

tracts or to make grants under this section is effective "(c)(1) To the extent not inconsistent, in the opinion for any fiscal year only to the extent that appropri. of the Secretary of Defense, with the operation of ated funds are available for such purpose. military cryptologic reserve units and in order to "(h) Regulations issued pursuant to this section maintain necessary capability in foreign language shall be submitted to the Permanent Select Commitskills and related abilities needed by the National Se- tee on Intelligence of the House of Representatives curity Agency, the Director may establish a cryptolo- and the Select Committee on Intelligence of the gic linguist reserve. The cryptologic linguist reserve Senate before such regulations take effect. may consist of former or retired civilian or military "(i) The Director of the National Security Agency, cryptologic personnel of the National Security Agency on behalf of the Secretary of Defense, may, without and of other qualified individuals, as determined by regard to section 4109(a)(2)(B) of title 5, United States the Director of the Agency. Each member of the cryp- Code, pay travel, transportation, storage, and subsisttologic linguist reserve shall agree that, during any ence expenses under chapter 57 of such title to civilian period of emergency (as determined by the Director), and military personnel of the Department of Defense the member shall return to active civilian status with who are assigned to duty outside the United States for the National Security Agency and shall perform such a period of one year or longer which involves cryptololinguistic or linguistic-related duties as the Director gic training, language training, or related disciplines. may assign,

(Added Pub. L. 96-450, title IV, $ 402(aX1), Oct. 14, “(2) In order to attract individuals to become mem- 1980, 94 Stat. 1978, and amended Pub. L. 97-89, title bers of the cryptologic linguist reserve, the Director, VI, $ 602, Dec. 4, 1981, 95 Stat. 1154.) without regard to subchapter IV of chapter 55 of title "SEC. 11. The Administrator of General Services, 5, United States Code, may provide special monetary

upon the application of the Director of the National incentives to individuals eligible to become members Security Agency, may provide for the protection in acof the reserve who agree to become members of the

cordance with section 3 of the Act of June 1, 1948 (40 cryptologic linguist reserve and to acquire or retain

U.S.C. 318b), of certain facilities (as designated by the proficiency in foreign languages or special related

Director of such Agency) which are under the adminabilities.

istration and control of, or are used by, the National "(3) In order to provide training and support for

Security Agency in the same manner as if such facilimembers of the cryptologic linguist reserve, the Direc

ties were property of the United States over which the tor

United States has acquired exclusive or concurrent "(A) may pay all or part of the tuition and other

criminal jurisdiction. (Added Pub. L. 96-450, title IV, expenses related to the training of individuals in the

$ 402(a)(1), Oct. 14, 1980, 94 Stat. 1978.) cryptologic linguist reserve who are assigned or de

"Sec. 12. (aX(1) The Secretary of Defense (or his destailed for language and language-related training, orientation, or instruction; and

ignee) may by regulation establish a personnel system "(B) may pay benefits and allowances in accord

for senior civilian cryptologic personnel in the Nationance with chapters 57 and 59 of title 5, United States

al Security Agency to be known as the Senior CryptoCode, to individuals in the cryptologic linguist re

logic Executive Service. The regulations establishing serve who are assigned to training at sites away from

the Senior Cryptologic Executive Service shalltheir homes or regular places of business.

“(A) meet the requirements set forth in section "(d)(1) The Director, before providing training

3131 of title 5, United States Code, for the Senior under this section to any individual, may obtain an

Executive Service; agreement with that individual that

"(B) provide that positions in the Senior Cryptolo“(A) in the case of current employees, pertains to

gic Executive Service meet requirements that are continuation of service of the employee, and repay

consistent with the provisions of section 3132(a)(2) ment of the expenses of such training for failure to of such title; fulfill the agreement, consistent with the provisions “(C) provide, without regard to section 2, rates of of section 4108 of title 5, United States Code; and

pay for the Senior Cryptologic Executive Service "(B) in the case of individuals accepted for mem. that are not in excess of the maximum rate or less bership in the cryptologic linguist reserve, pertains than the minimum rate of basic pay established for to return to service when requested, and repayment the Senior Executive Service under section 5382 of of the expenses of such training for failure to fulfill such title, and that are adjusted at the same time the agreement, consistent with the provisions of sec- and to the same extent as rates of basic pay for the tion 4108 of title 5, United States Code.

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 per. formance.

"(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 Cryptologie 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, $ 603, Dec. 4, 1981, 95 Stat. 1156.)

(Amended Pub. L. 101-194, title V, $ 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 arid 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, 8 603, 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, $ 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, $ 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

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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 fol. lowing 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

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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, $ 505, Oct. 27, 1986, 100 Stat. 3200.)

"SEC. 17. (Repealed. Pub. L. 103-359, title VIII, $ 806(b)(2), Oct. 14, 1994, 108 Stat. 3442.)

"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, $ 405, Dec. 4, 1991, 105 Stat. 1267; amended Pub. L. 102-496, title III, § 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 Gen. eral Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5.)

EXECUTIVE ORDER No. 10483 Ex. Ord. No. 10483, Sept. 2, 1953, 18 F.R. 5379, as amended by Ex. Ord. No. 10598, Feb. 28, 1955, 20 F.R. 1237, which provided for an Operations Coordinating Board, was superseded by Ex. Ord. No. 10700, Feb. 25, 1957, formerly set out below.

EXECUTIVE ORDER No. 10700 Ex. Ord. No. 10700, Feb. 25, 1957, 22 F.R. 1111, as amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. 10838, Sept. 16, 1959, 24 F.R. 7519, which provided for the Operations Coordinating Board, was revoked by Ex. Ord. No. 10920, Feb. 18, 1961, 26 F.R. 1463.

$ 402a. Coordination of counterintelligence activities

(a) Establishment of Counterintelligence Policy

Board There is established within the executive branch of Government a National Counterintelligence Policy Board (in this section referred to as the “Board”). The Board shall report to the President through the National Security Council.

(b) Function of Board

The Board shall serve as the principal mechanism for

(1) developing policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and

(2) resolving conflicts, as directed by the President, which may arise between elements of the Government which carry out such activities.

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