50 U.S.C. § 3610 — Senior Cryptologic Executive Service

Page 932 TITLE 50—WAR AND NATIONAL DEFENSE § 3610 1 See References in Text note below. tor of the National Security Agency under sub- section (a) shall be considered for purposes of chapter 171 of title 28, or any other provision of law relating to tort liability, to be acting within the scope of their office or employment when such agency personnel take reasonable action, which may include the use of force, to— (A) protect an individual in the presence of such agency personnel from a crime of vio- lence; (B) provide immediate assistance to an indi- vidual who has suffered or who is threatened with bodily harm; (C) prevent the escape of any individual whom such agency personnel reasonably be- lieve to have committed a crime of violence in the presence of such agency personnel; or (D) transport an individual pursuant to sub- section (a)(2). (2) Paragraph (1) shall not affect the authori- ties of the Attorney General under section 2679 of title 28. (3) In this subsection, the term ‘‘crime of vio- lence’’ has the meaning given that term in sec- tion 16 of title 18. (Pub. L. 86–36, § 11, as added Pub. L. 96–450, title IV, § 402(a)(1), Oct. 14, 1980, 94 Stat. 1978; amend- ed Pub. L. 107–108, title V, § 506, Dec. 28, 2001, 115 Stat. 1406; Pub. L. 107–306, title VIII, § 841(f), Nov. 27, 2002, 116 Stat. 2432; Pub. L. 108–177, title III, § 377(c), title V, § 501, Dec. 13, 2003, 117 Stat. 2630, 2633; Pub. L. 112–87, title IV, § 421, Jan. 3, 2012, 125 Stat. 1893.) Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. AMENDMENTS 2012—Subsec. (a)(5). Pub. L. 112–87, § 421(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘Not later than July 1 each year through 2004, the Director shall submit to the Permanent Select Committee on Intelligence of the House of Representa- tives and the Select Committee on Intelligence of the Senate a report that describes in detail the exercise of the authority granted by this subsection and the under- lying facts supporting the exercise of such authority, during the preceding fiscal year. The Director shall make each such report available to the Inspector Gen- eral of the National Security Agency.’’ Subsec. (d)(1)(D). Pub. L. 112–87, § 421(b), added subpar. (D). 2003—Subsec. (a)(1). Pub. L. 108–177, § 377(c)(1), sub- stituted ‘‘officers and agents of the Department of Homeland Security, as provided in section 1315(b)(2) of title 40’’ for ‘‘special policemen of the General Services Administration perform under the first section of the Act entitled ‘An Act to authorize the Federal Works Administrator or officials of the Federal Works Agency duly authorized by him to appoint special policemen for duty upon Federal property under the jurisdiction of the Federal Works Agency, and for other purposes’ (40 U.S.C. 318)’’. Subsec. (b). Pub. L. 108–177, § 377(c)(2), substituted ‘‘section 1315(c)(2) of title 40’’ for ‘‘the fourth section of the Act referred to in subsection (a) (40 U.S.C. 318c)’’. Subsec. (d). Pub. L. 108–177, § 501, added subsec. (d). 2002—Subsec. (a)(5). Pub. L. 107–306 inserted ‘‘through 2004’’ after ‘‘Not later than July 1 each year’’. 2001—Pub. L. 107–108 amended section generally. Prior to amendment, section read as follows: ‘‘The Adminis- trator of General Services, upon the application of the Director of the National Security Agency, may provide for the protection in accordance with section 318b of title 40, of certain facilities (as designated by the Di- rector of such Agency) which are under the administra- tion and control of, or are used by, the National Secu- rity 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.’’ § 3610. Senior Cryptologic Executive Service (a) Establishment; applicable personnel provi- sions (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 regu- lations establishing the Senior Cryptologic Ex- ecutive Service shall— (A) meet the requirements set forth in sec- tion 3131 of title 5 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 2,1 rates of pay for the Senior Cryptologic Execu- tive Service that are not in excess of the max- imum 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 Sen- ior 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 sec- tion 3592 of such title, and removal or suspen- sion 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 provi- sions 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 provi- sions of section 3396(c) of such title; and (H) provide for the recertification of mem- bers of the Senior Cryptologic Executive Serv- ice consistent with the provisions of section 3393a 1 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 pro- visions of title 5 applicable to applicants for or members of the Senior Executive Service; and Page 933 TITLE 50—WAR AND NATIONAL DEFENSE § 3611 (B) appoint, promote, and assign individuals to positions established within the Senior Cryptologic Executive Service without regard to the provisions of title 5 governing appoint- ments and other personnel actions in the com- petitive service. (3) The President, based on the recommenda- tions of the Secretary of Defense, may award ranks to members of the Senior Cryptologic Ex- ecutive Service in a manner consistent with the provisions of section 4507 of title 5. (4) Notwithstanding any other provision of this section, the Director of the National Secu- rity 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 ex- perience may be of benefit to the National Secu- rity Agency or another Government agency. Any such member shall not by reason of such de- tail or assignment lose any entitlement or sta- tus associated with membership in the Senior Cryptologic Executive Service. (b) Merit pay system 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 con- sistent with those set forth in section 5401(a) of title 5. (c) Maximum pay for fiscal year Nothing in this section shall be construed to allow the aggregate amount payable to a mem- ber of the Senior Cryptologic Executive Service under this section during any fiscal year to ex- ceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such year. (Pub. L. 86–36, § 12, as 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; Pub. L. 104–106, div. A, title X, § 1064(b), Feb. 10, 1996, 110 Stat. 445.) Editorial Notes REFERENCES IN TEXT Section 2, referred to in subsec. (a)(1)(C), meant sec- tion 2 of Pub. L. 86–36, May 29, 1959, 73 Stat. 63; Pub. L. 87–367, title II, § 201, Oct. 4, 1961, 75 Stat. 789; Sept. 23, 1950, ch. 1024, title III, § 306(a), as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170; Pub. L. 88–426, title III, § 306(h), Aug. 14, 1964, 78 Stat. 430; Pub. L. 88–631, § 3(d), Oct. 6, 1964, 78 Stat. 1008; Pub. L. 89–632, § 1(e)(1), Oct. 8, 1966, 80 Stat. 878; Pub. L. 102–496, title IV, § 405, Oct. 24, 1992, 106 Stat. 3186, which related to authority of Sec- retary of Defense to establish positions and fix com- pensation, prior to repeal by Pub. L. 104–201, div. A, title XVI, §§ 1633(b)(1), 1635, Sept. 23, 1996, 110 Stat. 2751, 2752, effective Oct. 1, 1996. A new section 2 of Pub. L. 86–36 subsequently was added by Pub. L. 111–259, title IV, § 433, Oct. 7, 2010, 124 Stat. 2732, and is classified to section 3602 of this title. Section 3393a of title 5, referred to in subsec. (a)(1)(H), was repealed by Pub. L. 107–296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296. Level I of the Executive Schedule, referred to in sub- sec. (c), is set out in section 5312 of Title 5, Government Organization and Employees. CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. AMENDMENTS 1996—Subsec. (a)(5). Pub. L. 104–106 struck out par. (5), which required the Director of the National Security Agency to submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate annual reports on executive personnel in the National Security Agency. 1989—Subsec. (a)(1)(F). Pub. L. 101–194, § 506(c)(2)(A), struck out ‘‘and’’ at end of subpar. (F). Subsec. (a)(1)(G). Pub. L. 101–194, § 506(c)(2)(B), which directed amendment by inserting ‘‘and’’ after the semi- colon at the end of subpar. (G), was executed by sub- stituting ‘‘; and’’ for the period at the end of subpar. (G), to reflect the probable intent of Congress. Subsec. (a)(1)(H). Pub. L. 101–194, § 506(c)(2)(C), added subpar. (H). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101–194, set out as a note under section 3151 of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces. § 3611. Cryptologic research grant program (a) Authorization The Director of the National Security Agency may make grants to private individuals and in- stitutions for the conduct of cryptologic re- search. 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) Conduct of program The grant program established by subsection (a) shall be conducted in accordance with chap- ter 63 of title 31 to the extent that such chapter is consistent with and in accordance with sec- tion 3605 of this title. (c) Authority limited to availability of appro- priated funds 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. (Pub. L. 86–36, § 13, as added Pub. L. 97–89, title VI, § 603, Dec. 4, 1981, 95 Stat. 1158.) Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. In subsec. (b), ‘‘chapter 63 of title 31’’ substituted for ‘‘the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.)’’ and ‘‘such chapter’’ sub- stituted for ‘‘such Act’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.