50 U.S.C. § 3610 — Senior Cryptologic Executive Service
submitted 45 years ago by Pub. L. 86-36 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 646 words · no verdicts yet
This section allows the Secretary of Defense to establish a Senior Cryptologic Executive Service for senior civilian cryptologic employees at the National Security Agency. It also permits a merit-pay system and limits annual compensation.
(a) Establishment; applicable personnel provisions. (1) The Secretary of Defense, or the Secretary’s designee, may by regulation establish this personnel system. The regulations must: (A) meet the Senior Executive Service requirements in 5 U.S.C. § 3131; (B) require covered positions to meet requirements consistent with § 3132(a)(2); (C) set basic pay, without regard to section 2, within the Senior Executive Service’s minimum and maximum rates under § 5382, with matching timing and adjustments; (D) use a performance-appraisal system conforming to subchapter II of chapter 43 of title 5; (E) provide removal consistent with § 3592 and removal or suspension consistent with § 7543(a)-(c), with hearings or appeals handled under Defense regulations; (F) allow performance awards consistent with § 5384; (G) allow sabbatical leave consistent with § 3396(c); and (H) provide recertification consistent with § 3393a. (2) Except as otherwise provided in subsection (a), the Secretary or designee may apply title 5 provisions for Senior Executive Service applicants or members and may appoint, promote, and assign people without applying title 5 competitive-service appointment rules. (3) On the Secretary’s recommendation, the President may award ranks consistently with § 4507 of title 5. (4) The NSA Director may detail or assign a member outside NSA to a position where the member’s expertise may benefit NSA or another Government agency. The member keeps all membership-related entitlements and status. (b) Merit pay system. The Secretary or designee may establish by regulation a merit-pay system for NSA employees the Secretary considers appropriate. It must pursue purposes consistent with 5 U.S.C. § 5401(a). (c) Maximum pay for fiscal year. This section does not allow a member’s total pay under it in one fiscal year to exceed the annual rate for Executive Schedule level I in effect at the end of that year.
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—
meet the requirements set forth in section 3131 of title 5 for the Senior Executive Service;
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;
provide, without regard to section 2,1 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;
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;
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);
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;
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
provide for the recertification of members of the Senior Cryptologic Executive Service consistent with the provisions of section 3393a 1 of such title.
Except as otherwise provided in subsection (a), the Secretary of Defense (or his designee) may—
make applicable to the Senior Cryptologic Executive Service any of the provisions of title 5 applicable to applicants for or members of the Senior Executive Service; and
appoint, promote, and assign individuals to positions established within the Senior Cryptologic Executive Service without regard to the provisions of title 5 governing appointments and other personnel actions in the competitive service.
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.
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.
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.
Nothing in this section shall be construed to allow the aggregate amount payable to a member 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.
Source credit: (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.)
- 1981Enacted · Pub. L. 86-36 · 95 Stat. 1156
- 1989Amended · Pub. L. 101-194 · 103 Stat. 1759
- 1996Amended · Pub. L. 104-106 · 110 Stat. 445
A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-36 on 1981-12-04.
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