NATIONAL SECURITY AGENCY ACT OF 1959, 50 U.S.C. S402 NOTE (1976 & WEST SUPP. 1981), AS AMENDED BY INTELLIGENCE AUTHORIZATION ACT OF 1982, PUB. L. NO. 97-89, SS601-03, 95 STAT. 1150.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000400660003-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 23, 2016
• Document Release Date: January 10, 2013
• Sequence Number: 3
• Publication Date: May 29, 1959
• Content Type: REGULATION

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National Security Agency Act of 1959,
50 U.S.C. S402 note
(1976 & West Supp. 1981),
as amended by Intelligence Authorization
Act of 1982, Pub. L. No. 97-89,
SS601-03, 95 Stat. 1150.
NATIONAL SECERITYAGaCyACF OF 1959
To provide certain administrative authorities for the National
Security Agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of Afferica in Congress assembled, That:
This Act ffay be cited as the 'National
Security Agency Act of 1959."
Section 202 of the Classification Act of 1949, as amended (5
U.S.C. 1082), is amended by changing the period at the end thereof
to a semicolon and adding the following new paragraph:
"(32) the National Security Agency." [Repealed. See note.]
SEC. 2. The Secretary of Defense (or his designee for the purpose)
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
compensation for such positions shall be fixed by the Secretary
of Defense (or his designee for the purpose) in relation to the
rates of basic compensation contained in the General Schedule of
the Classification Act of 1949, as amended, for positions subject
to such Act which have corresponding levels of duties and respon-
sibilities. Except as provided in subsections (0 and (g) of
section 303 of the Federal Executive Salary Act of 1964, no officer
or employee of the National Security Agency shall be paid basic
compensation at a rate in excess of the highest rate of basic
compensation contained in such General Schedule. Not more than
seventy such officers and employees shall be paid basic compensa-
tion at rates equal to rates of basic compensation contained in
grades 16, 17, and 18 of such General Schedule.
SEC. 3. Section 1581(a) of title 10, United States Code, as
ffodified by section 12(a) of the Federal Etployees Salary Increase
Act of 1958 (72 Stat. 213), is amended by striking out ", and
not mere than fifty civilian positions in the National Security
Agency," and the words "and the National Security Agency, respec-
tively,".
SEC. 4. The Secretary of Defense (or his designee for the
purpose) is authorized to--
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(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 obtained 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 estab-
lished 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.
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), for employees whose rates of basic campensation are fixed
by statute.
SEC. 6. (a) Except as provided by 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) shall be construed to require the
disclosure of the organization or any function of the National
Security Agency, of any information with respect to the activi-
ties 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. The total number of positions authorized by section
505(b) of the Classification Act of 1949, as amended (5 U.S.C.
1105(b)), to be placed in grades 16, 17, and 18 of the General
Schedule of such Act at any time shall be deemed to have been
reduced by the number of positions in such grades allocated to
the National Security Agency immediately prior to the effective
date of this section. [Repealed. See note.]
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
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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 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, compar-
able to those provided by the Director of Central Intelligence
to personnel of the Central Intelligence Agency; "and
(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.
(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 Penmanent Select
Committee on Intelligence of the House of Representatives and
the Select Commdttee on Intelligence of the Senate before such
regulations take effect.
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SBC. 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 sec-
tion 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 unavail-
able at Government facilities, support through contracts, grants,
or cooperation with nongovernmental educational institutions;
and
(4) may obtain by appoint-
ment 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
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such personnel are assigned to training at sites away fram their
designated duty station.
(c)(1) To the extent not incon-
sistent, 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 ffeffber 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 became ffembers of the cryptologic linguist reserve,
the Director, without regard to subchapter Inv of chapter 55 of
title 5, United States Code, may provide special monetary incen-
tives to individuals eligible to became members of the reserve
who agree to became 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 meffbers 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 fram 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
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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 repay-
ment 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 pay-
ment 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.
(0 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 perfonmance of cryptologic func-
tions.
(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) Regulitt jai;issued pursuant to' this
1.4"*W4t-40%.1100.0"k
spqftonstial 17 be submd tted to the PermanentOelect4amma t tee, o
Intellience of thelklibilge-Of ReOrei:6070 Select
.-
Ca1m1tteeOnr. Intelligence of the Senate efore such regulations
'takilifeat44*"' '
,- an
(0 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
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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.
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 exclu-
sive or concurrent criminal jurisdiction.
SBC. 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--
(AL) meet the require-
ments 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 require-
ments 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 maxim= 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;
(E) provide a perfor-
mance 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 regula-
tions of the Secretary of Defense or his designee);
(F) permit the payment
of performance awards to members of the Senior Cryptologic Executive
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Service consistent with the provisions applicable to performance
awards under section 5384 of such title; and
(C) 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.
(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 frau the Senior Cryptologic -
Executive Service during the preceding fiscal year;
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(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 fram the Senior Cryptologic Executive Service
during the preceding fiscal year for less than fully successful
perfonmance.
(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
merrber 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 in effect at
the end of such year.
SEC.- 13. (a) The Director of the National Security Agency may
make grants to private individuals and institutions for the con-
duct 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.) 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.
SBC. 14. Funds appropriated to an entity of the Federal Govern-
ment other than an element of the Department of Defense that
have_been specifically appropriated for the purchase of crypto-
logic equipment, materials, or services with respect to which
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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.
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 re-
straining 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.
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
individnAlc, 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.7) The National Security
Agency may pay, directly or by reimbursement to employees,
expenses incident to assignments under subsection (lb), in
any fiscal year only to the extent that appropriated funds
are available for such purpose.
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(d) 00 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 assign-
ment and to complete the educational course of training
for which the employee is assigned;
a? 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 complet-
ing 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 com-
pletion 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
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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 com-
bined period of service obligation described in subpara-
graphs (A) and m of paragraph (1).
m 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 dis-
cretion, 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.
Pi. 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. ?
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NOTE
Approved May 29, 1959 as Public Law 86-36.
Sections 1 and 7 were repealed and their provisions
were incorporated, respectively, in sections 305(a) (8)
and 5102(a)(1)(viii) of title 5, United States Code and
in section 5108(a) of title 5, United States Code by
Public Law 89-554, Sept. 6, 1966, 80 Stat. 660, an Act
which revised, codified, and enacted as title 5 of the
United States Code the laws relating to the organization
of the Government of the United States and to its
civilian officers and employees.
Sections 9(a)-(c), 10(1), 11 and the title were added
by the Intelligence Authorization Act for Fiscal Year
1981, Pub. L. No. 96-450, 3402, 94 Stat. 1975.
Sections 9(d) and (e), 10(a)-(h), 12, 13, 14 and 15
were added and section 9(b)(1) was amended by the Intel-
ligence Authorization Act for Fiscal Year 1982, H60l-
603, Pub. L. No. 97-89, 95 Stat. 1150.
Section 16 was added by the Intelligence Authorization
Act for Fiscal Year 1987, Pub. L. No. 99-569, 100
Stat. 3200.
^
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