A comparacie a te aided by the Secretan Share to member of me Fram Service

de pe of the Forearm Sets An If 38 USC 4 Ty the puST Í Ed ia the tase of selected personnel serving in o zeler z tee a wide personnel of the Ce nce Agency serve, comparable to those pr rided by the Director of Central Laligence to personn Are Teatri egence Agency.

2 borang dinding beat in and housebold ecc *****02 st personnel of the Director of the N tional Security Agency, on behalf of the Secretary of Defens vmza at its would be the public interest to provis si wang and

3 special retirement accrual in the same manner pr vided in section 313 of the Central Intelligence Agency Retire ment Act 50 US.C. 433 note and in section 18 of the Centra Inteligence Agency Act of 1949.

The authority of the Director of the National Security Age: gy, on behalf of the Secretary of Defense, to make payments unde virtins a and by, and under contracts for leases entered in: under vibescion 'a, is effective for any fiscal year only to the er tent 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 suc regulations as may be necessary to carry out this subsection.

(e) Regulations issued pursuant to subsection (b1) shall b wubmitted to the Permanent Select Committee on Intelligence the House of Representatives and the Select Committee on Inte Ligence of the Senate before such regulations take effect.

Sec. 10. (a) The Director of the National Security Agency sha 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 fur nished, 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 train

ing 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 I 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 wit chapters 57 and 59 of title 5, United States Code, to indivi uals in the cryptologic linguist reserve who are assigned t training at sites away from their homes or regular places business.

(d)(1) The Director, before providing training under this sectio to any individual, may obtain an agreement with that individu that

(A) in the case of current employees, pertains to contin ation of service of the employee, and repayment of the e penses of such training for failure to fulfill the agreement, cor sistent with the provisions of section 4108 of title 5, Unite States Code; and

(B) in the case of individuals accepted for membership the cryptologic linguist reserve, pertains to return to servic when requested, and repayment of the expenses of such trai ing for failure to fulfill the agreement, consistent with the pro visions of section 4108 of title 5, United States Code.

(2) The Director, under regulations prescribed under this sec tion, may waive, in whole or in part, a right of recovery under a agreement made under this subsection if it is shown that the recov ery would be against equity and good conscience or against the public interest.

(e)(1) Subject to paragraph (2), the Director may provide t family members of military and civilian cryptologic personnel as signed to representational duties outside the United States, in an ticipation of the assignment of such personnel outside the Unite 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 insti tution 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 pur pose.

(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 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.

SEC. 11. (a)(1) The Director of the National Security Agency : may authorize agency personnel within the United States to perform the same functions as 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 offi=cials of the Federal Works Agency duly authorized by him to ap: point special policemen for duty upon Federal property under the jurisdiction of the Federal Works Agency, and for other purposes" (40 U.S.C. 318) with the powers set forth in that section, except that such personnel shall perform such functions and exercise such E powers

(A) at the National Security Agency Headquarters complex and at any facilities and protected property which are solely under the administration and control of, or are used exclusively by, the National Security Agency; and

(B) in the streets, sidewalks, and the open areas within the zone beginning at the outside boundary of such facilities or protected property and extending outward 500 feet.

(2) The performance of functions and exercise of powers under subparagraph (B) of paragraph (1) shall be limited to those circumstances where such personnel can identify specific and articulable facts giving such personnel reason to believe that the performance of such functions and exercise of such powers is reasonable to protect against physical damage or injury, or threats of I physical damage or injury, to agency installations, property, or employees.

(3) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any Federal, State, or local law enforcement agency, or any other Federal police or Federal protective service.

(4) The rules and regulations enforced by such personnel shall be the rules and regulations prescribed by the Director and shall only be applicable to the areas referred to in subparagraph (A) of paragraph (1).

(5) Not later than July 1 each year through 2004, the Director shall submit to the Permanent Select Committee on Intelligence of the House of Representatives 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 underlying facts supporting the exercise of such authority, during the preceding fiscal year. The Director shall make each such report available to the Inspector General of the National Security Agency.

(b) The Director of the National Security Agency is authorized to establish penalties for violations of the rules or regulations prescribed by the Director under subsection (a). Such penalties shall not exceed those specified in the fourth section of the Act referred to in subsection (a) (40 U.S.C. 318c).

(c) Agency personnel designated by the Director of the National Security Agency under subsection (a) shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) refers.

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 esta lishing the Senior Cryptologic Executive Service shall

(A) meet the requirements set forth in section 3131 of tit 5, United States Code, for the Senior Executive Service;

(B) provide that positions in the Senior Cryptologic Execu tive Service meet requirements that are consistent with th provisions of section 3132(a)(2) of such title;

(C) provide, without regard to section 2, rates of pay fr the Senior Cryptologic Executive Service that are not in exces of the maximum rate or less than the minimum rate of basi pay established for the Senior Executive Service under sectio 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 Execu tive Service are adjusted;

(D) provide a performance appraisal system for the Senio 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 (excep: that any hearing or appeal to which a member of the Senior Cryptologic Executive Service is entitled shall be held or de cided 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 Execu tive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of such title. 1

(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

1 Public Law 101-194, sec. 506(c)(2) (103 Stat. 1759) amended sec. 12(a)(1)(G) by inserting "and" after the semicolon at the end of (G). Because there was not a semicolon at the end of (G), the amendment was not executed. This amendment would have taken effect on January 1, 1991.