27 June 1999

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
  January 6, 1997 and November 30, 1998]
[CITE: 50USC402]


                   TITLE 50--WAR AND NATIONAL DEFENSE

                      CHAPTER 15--NATIONAL SECURITY

            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY

Sec. 402. National Security Council

(a) Establishment; presiding officer; functions; composition

    There is established a council to be known as the National Security
Council (hereinafter in this section referred to as the ``Council'').
    The President of the United States shall preside over meetings of
the Council: Provided, That in his absence he may designate a member of
the Council to preside in his place.
    The function of the Council shall be to advise the President with
respect to the integration of domestic, foreign, and military policies
relating to the national security so as to enable the military services
and the other departments and agencies of the Government to cooperate
more effectively in matters involving the national security.
    The Council shall be composed of--
        (1) the President;
        (2) the Vice President;
        (3) the Secretary of State;
        (4) the Secretary of Defense;
        (5) the Director for Mutual Security;
        (6) the Chairman of the National Security Resources Board; and
        (7) the Secretaries and Under Secretaries of other executive
    departments and of the military departments, the Chairman of the
    Munitions Board, and the Chairman of the Research and Development
    Board, when appointed by the President by and with the advice and
    consent of the Senate, to serve at his pleasure.

(b) Additional functions

    In addition to performing such other functions as the President may
direct, for the purpose of more effectively coordinating the policies
and functions of the departments and agencies of the Government relating
to the national security, it shall, subject to the direction of the
President, be the duty of the Council--
        (1) to assess and appraise the objectives, commitments, and
    risks of the United States in relation to our actual and potential
    military power, in the interest of national security, for the
    purpose of making recommendations to the President in connection
    therewith; and
        (2) to consider policies on matters of common interest to the
    departments and agencies of the Government concerned with the
    national security, and to make recommendations to the President in
    connection therewith.

(c) Executive secretary; appointment; staff employees

    The Council shall have a staff to be headed by a civilian executive
secretary who shall be appointed by the President. The executive
secretary, subject to the direction of the Council, is authorized,
subject to the civil-service laws and chapter 51 and subchapter III of
chapter 53 of title 5, to appoint and fix the compensation of such
personnel as may be necessary to perform such duties as may be
prescribed by the Council in connection with the performance of its
functions.

(d) Recommendations and reports

    The Council shall, from time to time, make such recommendations, and
such other reports to the President as it deems appropriate or as the
President may require.

(e) Participation of Chairman or Vice Chairman of Joint Chiefs of Staff

    The Chairman (or in his absence the Vice Chairman) of the Joint
Chiefs of Staff may, in his role as principal military adviser to the
National Security Council and subject to the direction of the President,
attend and participate in meetings of the National Security Council.

(f) Participation by Director of National Drug Control Policy

    The Director of National Drug Control Policy may, in his role as
principal adviser to the National Security Council on national drug
control policy, and subject to the direction of the President, attend
and participate in meetings of the National Security Council.

(g) Board for Low Intensity Conflict

    The President shall establish within the National Security Council a
board to be known as the ``Board for Low Intensity Conflict''. The
principal function of the board shall be to coordinate the policies of
the United States for low intensity conflict.

(h) Committee on Foreign Intelligence

    (1) There is established within the National Security Council a
committee to be known as the Committee on Foreign Intelligence (in this
subsection referred to as the ``Committee'').
    (2) The Committee shall be composed of the following:
        (A) The Director of Central Intelligence.
        (B) The Secretary of State.
        (C) The Secretary of Defense.
        (D) The Assistant to the President for National Security
    Affairs, who shall serve as the chairperson of the Committee.
        (E) Such other members as the President may designate.

    (3) The function of the Committee shall be to assist the Council in
its activities by--
        (A) identifying the intelligence required to address the
    national security interests of the United States as specified by the
    President;
        (B) establishing priorities (including funding priorities) among
    the programs, projects, and activities that address such interests
    and requirements; and
        (C) establishing policies relating to the conduct of
    intelligence activities of the United States, including appropriate
    roles and missions for the elements of the intelligence community
    and appropriate targets of intelligence collection activities.

    (4) In carrying out its function, the Committee shall--
        (A) conduct an annual review of the national security interests
    of the United States;
        (B) identify on an annual basis, and at such other times as the
    Council may require, the intelligence required to meet such
    interests and establish an order of priority for the collection and
    analysis of such intelligence; and
        (C) conduct an annual review of the elements of the intelligence
    community in order to determine the success of such elements in
    collecting, analyzing, and disseminating the intelligence identified
    under subparagraph (B).

    (5) The Committee shall submit each year to the Council and to the
Director of Central Intelligence a comprehensive report on its
activities during the preceding year, including its activities under
paragraphs (3) and (4).

(i) Committee on Transnational Threats

    (1) There is established within the National Security Council a
committee to be known as the Committee on Transnational Threats (in this
subsection referred to as the ``Committee'').
    (2) The Committee shall include the following members:
        (A) The Director of Central Intelligence.
        (B) The Secretary of State.
        (C) The Secretary of Defense.
        (D) The Attorney General.
        (E) The Assistant to the President for National Security
    Affairs, who shall serve as the chairperson of the Committee.
        (F) Such other members as the President may designate.

    (3) The function of the Committee shall be to coordinate and direct
the activities of the United States Government relating to combatting
transnational threats.
    (4) In carrying out its function, the Committee shall--
        (A) identify transnational threats;
        (B) develop strategies to enable the United States Government to
    respond to transnational threats identified under subparagraph (A);
        (C) monitor implementation of such strategies;
        (D) make recommendations as to appropriate responses to specific
    transnational threats;
        (E) assist in the resolution of operational and policy
    differences among Federal departments and agencies in their
    responses to transnational threats;
        (F) develop policies and procedures to ensure the effective
    sharing of information about transnational threats among Federal
    departments and agencies, including law enforcement agencies and the
    elements of the intelligence community; and
        (G) develop guidelines to enhance and improve the coordination
    of activities of Federal law enforcement agencies and elements of
    the intelligence community outside the United States with respect to
    transnational threats.

    (5) For purposes of this subsection, the term ``transnational
threat'' means the following:
        (A) Any transnational activity (including international
    terrorism, narcotics trafficking, the proliferation of weapons of
    mass destruction and the delivery systems for such weapons, and
    organized crime) that threatens the national security of the United
    States.
        (B) Any individual or group that engages in an activity referred
    to in subparagraph (A).

(j) Participation of Director of Central Intelligence

    The Director of Central Intelligence (or, in the Director's absence,
the Deputy Director of Central Intelligence) may, in the performance of
the Director's duties under this Act and subject to the direction of the
President, attend and participate in meetings of the National Security
Council.

(July 26, 1947, ch. 343, title I, Sec. 101, 61 Stat. 496; Aug. 10, 1949,
ch. 412, Sec. 3, 63 Stat. 579; Oct. 28, 1949, ch. 782, title XI,
Sec. 1106(a), 63 Stat. 972; Oct. 10, 1951, ch. 479, title V,
Sec. 501(e)(1), 65 Stat. 378; Oct. 1, 1986, Pub. L. 99-433, title II,
Sec. 203, 100 Stat. 1011; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(c)
[title IX, Sec. 9115(f)], 100 Stat. 1783-82, 1783-125, and Oct. 30,
1986, Pub. L. 99-591, Sec. 101(c) [title IX, Sec. 9115(f)], 100 Stat.
3341-82, 3341-125; Nov. 14, 1986, Pub. L. 99-661, div. A, title XIII,
Sec. 1311(f), 100 Stat. 3986; Nov. 18, 1988, Pub. L. 100-690, title I,
Sec. 1003(a)(3), 102 Stat. 4182; Oct. 24, 1992, Pub. L. 102-496, title
VII, Sec. 703, 106 Stat. 3189; Oct. 11, 1996, Pub. L. 104-293, title
VIII, Secs. 802, 804, 110 Stat. 3474, 3476.)

                          Amendment of Section

        For repeal of amendment by section 1506 of Title 21, Food and
    Drugs, see Effective and Termination Dates of 1988 Amendment note
    below.

                       References in Text

    The civil-service laws, referred to in subsec. (c), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
    This Act, referred to in subsec. (j), means act July 26, 1947, ch.
343, 61 Stat. 495, as amended, known as the National Security Act of
1947. For complete classification of this Act to the Code, see Short
Title note set out under section 401 of this title and Tables.

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
    In subsec. (c), provisions that specified compensation of $10,000
per year for the executive secretary to the Council were omitted.
Section 304(b) of Pub. L. 88-426 amended section 105 of Title 3, The
President, to include the executive secretary of the Council among those
whose compensation was authorized to be fixed by the President. Section
1(a) of Pub. L. 95-570 further amended section 105 of Title 3 to
authorize the President to appoint and fix the pay of the employees of
the White House Office subject to certain provisions.
    In subsec. (c), ``chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ``the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.

                               Amendments

    1996--Subsec. (h). Pub. L. 104-293, Sec. 802(2), added subsec. (h).
Former subsec. (h) redesignated (j).
    Subsec. (i). Pub. L. 104-293, Sec. 804, added subsec. (i).
    Subsec. (j). Pub. L. 104-293, Sec. 802(1), redesignated subsec. (h)
as (j).
    1992--Subsec. (h). Pub. L. 102-496 added subsec. (h).
    1988--Subsecs. (f), (g). Pub. L. 100-690, Secs. 1003(a)(3), 1009,
temporarily added subsec. (f) and redesignated 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.

                                 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,
Sec. 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 to 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, Sec. 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,
Government 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 for Duplicate Authorization 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 section 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, Secs. 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, Secs. 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; Pub. L. 103-359, title VIII, Sec. 806(b)(2),
Oct. 14, 1994, 108 Stat. 3442; Pub. L. 104-106, div. A, title X,
Sec. 1064(b), Feb. 10, 1996, 110 Stat. 445; Pub. L. 104-201, div. A,
title XVI, Sec. 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751, provided:
``That 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. Repealed. Pub. L. 104-201, div. A, title XVI,
Sec. 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.]
    ``Sec. 3. [Amended section 1581(a) of Title 10, Armed Forces.]
    ``[Sec. 4. Repealed. Pub. L. 104-201, div. A, title XVI,
Sec. 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.]
    ``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 [May 29,
1959].
    ``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.
    [Amended Pub. L. 104-106, div. A, title X, Sec. 1064(b), Feb. 10,
1996, 110 Stat. 445.]
    [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. Repealed. Pub. L. 103-359, title VIII, Sec. 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, Sec. 405, Dec. 4,
1991, 105 Stat. 1267; amended Pub. L. 102-496, title III, Sec. 304(a),
Oct. 24, 1992, 106 Stat. 3183.]

                        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.
