SECTIONAL ANALYSIS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000300350010-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 27, 2016
• Document Release Date: January 15, 2013
• Sequence Number: 10
• Publication Date: December 3, 1986
• Content Type: REPORT

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? Legislative & Regulatory Counsel, NSA
3 December 1986
LibbLA
Enclosed herewith is the aairifronNI ---
material you requested to support NSA's
submissions to the FY-88 Intelligence
Authorization Bill.
Ends:
a/ s
4'\
STAT
STAT
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SECTIONAL ANALYSIS
Section 2(a) amends Chapter 4 of Title 10 by adding a new
section 140d - Cryptographic Security. This new section provides
the Secretary of Defense, and if he delegates his authority, the
Deputy Secretary of Defense and the Director, NSA, statutory
authority to promulgate regulations governing the purchase, use,
and disposal of cryptographic equipment in order to maintain the
integrity of communications security equipment used by the United
States Government, its contractors, and others granted access to
such equipment by the government. Regulations issued pursuant
to this authority would maintain an appropriate level of control
over the introduction of foreign-manufactured cryptography into
the United States Government and government-contractor inventory
and regulate the access to United States Government cryptography
by foreign-owned, controlled, or influenced companies.
Pursuant to National Security Decision Directive 145, the
Secretary of Defense as Executive Agent is responsible for ensuring
telecommunications and information systems security. This legis-
lation provides statutory authority for the promulgation of regu-
lations to ensure that cryptographic equipment used by the U.S.
Government and its contractors is developed, manufactured, acquired,
used, and disposed of in accordance with appropriate safeguards
and controls. This provision provides a firm legal basis to
discourage legal challenges to denials of sensitive cryptographic
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information to companies that are subject to foreign ownership,
control, and influence.
Subsection (b) provides that regulations issued by the
Secretary of Defense will be promulgated after coordination with
the heads of departments and agencies determined by the Presi-
dent to have a role in these matters. These regulations will be
submitted to the Congressional committees enumerated in subsection
(c) no later than thirty days before they are to take effect.
Subsection (e) specifically provides authority to institute
civil judicial proceedings to enforce compliance with regulations
issued pursuant to this Section.
Nothing in this section shall be deemed to affect or reduce
the authorities conferred by the Federal Property and Administra-
tive Services Act of 1949, as amended, on the Administrator of
General Services, the Secretary of Commerce, or the Director of
the Office of Management and Budget. Nor shall this section
alter or affect the authorities of the Director of Central Intel-
ligence (DCI), including his authority to protect intelligence
sources, methods and activities from unauthorized disclosure or
his responsibility to act as Executive Agent of the United States
Government for technical security countermeasures.
2
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JUSTIFICATION FOR PAYMENT OF EXPENSES RELATED TO THE DEATH
OF AN EMPLOYEE SERVING A ROTATIONAL FIELD ASSIGNMENT
IN THE UNITED STATES
The mission Of the National Security Agency requires the Agency
to maintain a structured rotational field assignment program that
includes rotational tours within the United States. This program is
the result of the Agency's need to develop experienced employees
before assigning them to the field, and the need to reassign field
employees to headquarters in order to update both their unique
cryptologic skills and their other mission related information, and
to take advantage of their field experience.
There have been instances where individuals serving tours of
duty at field sites in the United States have died. In such
circumstances, the Agency lacks authority to return the remains of
the deceased, along with the family and their effects, to the
intended return location. Because of this lack of authority, we
anticipate increased difficulty in finding qualified, experienced
employees to fill field site positions.
This humanitarian benefit is granted by 5 U.S.C. S 5742 to
government employees on official travel and temporary duty within
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the United States or on official temporary or permanent duty outside
the United States. However, employees on permanent field duty
inside the United States for a specific period and with the intent
to return, are denied this benefit because of the failure of Section
5742 to provide for this type of assignment.
The proposed bill would permit any government employee who takes
a field assignment inside the United States for a specified period
of time with the intent to return to his official duty station to be
treated in the same manner as employees inside the United States and
temporarily away from their duty station, or outside the United
States and on official business.
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JUSTIFICATION FOR ADVANCE OF PAY FOR RELOCATIONS
WITHIN THE UNITED STATES
Employees transferred in the interests of the Government to a
new post of duty within the United States cannot currently obtain
the same advance of pay to assist in meeting the out-of-pocket
expenses of relocation as may be available to employees transferred
to a foreign area. Congress, in enacting Section 2309 of Public Law
96-465 (5 U.S.C. ? 5927), recognized the expenses associated with
relocation and the establishment of a new home in an overseas area
and the significant burden this placed on employees. Relocation
within the United States involves similar problems and expenses for
Federal employees. Often expenses such as security deposits on
rental units, utility hook-ups, automobile registration expenses and
telephone deposits are either not reimbursable or exceed the amount
permitted by 5 U.S.C. S 5724a for miscellaneous expenses. A move
"within the United States" may entail relocation to the opposite
side of the continent as well as to or from AlWca or Hawaii. Moves
of this magnitude impose the same burdens on employees as do moves
to foreign areas. The ability to advance salary to these employees
would significantly ease this burden.
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JUSTIFICATION FOR A CRITICAL SKILL GRADUATE TRAINING PROGRAM
The success of the National Security Agency's mission depends
upon the Agency's ability to recruit and retain the most talented
available mathematicians, computer scientists, engineers, and
linguists. The Agency's ability to recruit and retain these
critical skilled individuals has been severely challenged and
diminished in recent years because of the increase in the demand for
these important skills in the privata industrial community. This is
due in part to special incentives that industry can offer to
graduating college and university seniors but which the Agency is
prohibited by law from offering to its recruits. Among those
special incentives is sponsorship for advanced degrees. The
proposed bill would significantly aid the Agency in competing for
the finest graduating talent available by permitting the Agency to
match the offers of private firms to sponsor qualified individuals
for advanced degrees.
It is also essential to the Agency's business that it retain its
experienced employees, and that those employees, and thus the
Agency, remain current in their skills. In order to foster
retention and, to maintain the Agency's leadership in those skills,
the Agency must have the authority provided by this bill to sponsor
graduate training at the time and to the extent it determines
necessary.
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