Page:United States Statutes at Large Volume 95.djvu/1182

 95 STAT. 1156

Waiver.

Waiver. 5 USC 4101 et seq.

Regulations, submittal to congressional committees.

PUBLIC LAW 97-89—DEC. 4, 1981

requested, and repayment 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 payment 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. "(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 purpose. "(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."; and (2) by striking out "SEC. 10." before "The Director" and inserting in lieu thereof "(1)". SENIOR CRYPTOLOGIC EXECUTIVE SERVICE; CRYPTOLOGIC RESEARCH GRANTS; CRYPTOLOGIC PROCUREMENT; MISUSE OF AGENCY NAME

SEC. 603. The National Security Agency Act of 1959 is amended by adding at the end thereof the following new sections: Establishment. "SEC. 12. (a)(1) The Secretary of Defense (or his designee) may by 50 USC 402 note. 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-— "(A) meet the requirements 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 requirements 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 Pay rates. Senior Cryptologic Executive Service that are not in excess of the 50 USC 402 note. 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; "(D) provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of 5 USC 4311. subchapter II of chapter 43 of such title;

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