NSA CRYPTOLOGIC LINGUIST LEGISLATIVE PROPOSAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00890R000300040003-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 15, 2016
• Document Release Date: August 12, 2003
• Sequence Number: 3
• Publication Date: April 17, 1981
• Content Type: MF

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OLC 81-0109/19
17 April 1981
MEMORANDUM FOR: See Distribution
Chief, Legislation Division, OLC
SUBJECT: NSA Cryptologic Linguist Legislative Proposal
1. Attached is a copy of a legislative proposal on
Cryptologic Linguist Training which NSA would like to have
included in the Fiscal Year 1982 Intelligence Authorization
Bill.
2. It is my impression that we have considered the
authorities contained in the Central Intelligence Agency Act
of 1949 to be sufficient to cover all of our activities in
the language training area, and that we did not rely on the
now-repealed section 1048 of the Foreign Service Act of 1946
in the area of language training compensation. (NSA is con-
cerned about the wording change in the replacement section,
section 705 of the Foreign Service Act of 1980; see attachment
B). I would ask, however, that you examine the NSA proposal
and let me know if there is anything in it which might be useful
for CIA to have, and for which statutory authority beyond the
CIA Act would be necessary.
Attachment
Distribution: IJ!"~ ll1S1~~
FPH/GLT
1 - In U_ L l ? :V;?a_0 Q
1 -
1 - )
1 - DDA)
l - TR)
1 - OLC Subject (File: FY82 Intel Authorization Bill)
Foreign Language Study
1 - OLC Chrono
OLC:GMC:es (17 April 1981)
STAT
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TITLE IX Cryptologic Linguist Training
Sec. 901. Section 10 of the National Security Agency Act of 1959,
as amended, is amended by redesignating the present section 10 as
section 10.a. and by adding at the end thereof the following new
subsection:
"b. Notwithstanding the provisions of Chapter 41 of title 5,
U.S.C., the-Director, National Security Agency, on behalf of the
Secretary of Defense, shall arrange for appropriate language and
related training of military and civilian cryptologic personnel. In
the exercise of this function, the Director may--
(1) provide for the general nature of the training and
instruction to be furnished, including functional and geographic
area specializations;
(2) arrange for training and instruction with other
Government agencies. and at non-governmental institutions that
furnish training and instruction useful in the fields of language
and foreign affairs;
(3) support programs that furnish necessary language and
language related skills, including through contracts, grants or
cooperation with educational institutions;
(4) obtain without regard to the Service Contract Act, as
amended, by appointment or contract (subject to availability of
appropriations), the services of individuals as language instructors,
linguists, or special project personnel. An individual whose services
are obtained by contract, shall be considered an employee within the
meaning of that term as defined in section 8331(1) of title 5,
U.S.C., for purposes of subchapter III of Chapter 83 of that title
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provided such individual gives notice in writing to NSA of a desire
to become subject to this subchapter and, consistent with section
8332(k)(2), deposits an amount equal to retirement deductions
representing any period in which the individual was previously so
employed by NSA.. A contractor or contractor's employee engaged
under this provision may not be provided access to classified
information as defined in sec 304 of P.L. 88-290, 78 Stat 170,
unless such individual meets the standards contained in that law.
(5) pay all_ or part of the tuition and other expenses
related to"the training of current and former military and civilian
cryptologic personnel who are assigned or detailed for language and
related training, orientation, or instruction;
(6) pay benefits and allowances to current and former
personnel assigned to training at sites away from their normal
duty station in accordance with Chapters 57 and 59 of title 5,
U.S.C.
(7) provide without regard to subchapter IV of chapter 55
of title 5, U.S.C., special monetary or other incentives to encourage
civilian cryptologic personnel to acquire or retain proficiency in
foreign languages or special related abilities needed by NSA including
special monetary incentivies to former or retired civilian employees
and military cryptologic personnel who agree to retain proficiency
in such languages or abilities and to return to active civilian
service with NSA during periods of emergency need as determined by
the Director; and
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(8) provide to family members of military and civilian
cryptologic personnel, in anticipation of their assignment abroad or
while abroad appropriate orientation and language training including
the payment of the expenses of tuition or other necessary cost of
instruction at a public or private institution in the U.S. or
abroad, if such individuals are already abroad, provided such
instruction is directly related to the assignment abroad."
(9) (a) obtain an agreement from current employees
pertain=ing to continuation of service repayment of the expenses
of such training that is consistent with the provisions of section
4108 of title 5, U.S.C. and from former or retired employees who
agree to maintain their language skills, return to service when
requested, and who receive training under these provisions.
(b) The Director may waive in whole or in part a right
of recovery under this subsection, if it is shown that the recovery
would be against equity and in good conscience or against the public
interest.
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Sectional Analysis
Section 1 amends the National Security Agency Act of 1959,
as amended, (Public Law 86-36, 73 Stat. 63) which sets out
administrative authorities for the National Security Agency,
to add.a new subsection b to section 10 of that Act. Subsection
b would -provide authority, to the Director, National Security Agency,
on behalf of the- Secretary of Defense, to arrange for appropriate
language and related training of civilian-and military cryptologic
personnel.
Subsection b(1)'.affirms in statute the Director's authority
to establish policy concerning the general nature of the training
and instruction to be provided civilian and military cryptologic
personnel including the specification of required functional and
geographic specializations and exempts such training from the
provisions of the Training Act.
Subsection b(2) provides statutory authority to arrange for
training and instruction for civilian and military cryptologic
personnel with other Government agencies and at non-government
institutions. This subsection would permit better use of other
government facilities and greater and more effective use of private
institutions, particularly .nstitutions that indicate a willingness
to enter into cooperative arrangements of mutual benefit.
Subsection b(3) provides statutory authority to directly
support programs undertaken by institutions that furnish language
and language related skills that are unique to the cryptologic
mission and to provide assistance to cooperating educational
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institutions that agree to maintain such programs of instruction or
expertise.
Subsection b(4) psvides statutory authority to obtain and
retain on both short tam and long term bases instructors, linguists
or special project personnel, as required to provide- training or
perform language relates tasks. Personnel obtained_on a long term
basis would be afforded the opportunity to participate in the Civil
Service Retirement Program in order to enhance their retention.
This provision also affirms the authority to obtain the services of
such personnel by contract, provided they are hot. permitted access
to classified informat.imn as that term is defined by Public Law
88-290, unless they meet the standards of that law and such access
is necessary. Public Iaw 88-290 defines that term to mean the
categories of informatisn specifically designated by a U.S. Govern-
ment Agency for limited or restricted dissemination or distribution
(classified cryptologic information as enumerated in section 798 of
title 18, U.S.C.).
Subsection b(5) authorizes payment of the expenses of tuition
and other charges for the training of current and former or retired
military and civilian cryptologic personnel who are assigned or de-
tailed for language and related training, orientation, or instruction.
Subsection b(6) autlorizes the payment of appropriate benefits
and allowances to current and former or retired personnel assigned
to training at other government facilities or private institutions.
Subsection b(7) aut3orizes the payment of special monetary or
other incentives without regard to restrictions in law pertaining
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 to dual compensation to encourage civilian.cryptologic personnel
to acquire or retain proficiency in foreign languages or special
related abilities needed by NSA (military personnel incentives are
authorized separately in the Defense Authorization Act). In addition,
this subsection authorizes the payment of special monetary incentives
to former or .retired NSA employees and military cryptologic personnel
who agree to retain existing language proficiency or skills and
to return to active service with NSA during periods of emergency ``
need as determined by the Director, NSA. This would provide the
D .,
basis for a cryptologic linguist reserve to meet crises and surge
requirements.
Subsection b(8) provides for the payment of the expenses of
i7
tuition and related costs of language and orientation training for
family members of personnel assigned. overseas.
Subsection b(9) provides for the recoupment of the expenses of
training provided under this section should an individual elect not
to serve as requested or for the requisite period of time specified
in section 4108 of title 5, U.S.C. The, Director is accorded the
authority to waive this requirement where equity or the public
interest dictate such a waiver.
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Repealed Title 22 Section
? 1048. Orientation and language training for family mem-
bers of Government personnel
(a) To facilitate orientation and language training provided to
members of families of officers and employees of the Government
pursuant to section 1041 of this title, the Secretary may make grants
to family members attending language and orientation programs of
study of the Institute. No such grant may exceed the amount ac-
tually expended for necessary costs incurred in conjunction with
such attendance, and in no event may any such grant exceed $300
per month per individual. No individual may. receive such a. grant
for more than six months in connection with any one assignment
(b) If a member of the family of an ffg icer-orr ernplo ee o
nn who is assigned abroad is unable to participate in lan-
guage training provided by the Department at the Institute or else-
where, the Secretary may partially compensate that family member
for language training, related to the assignment abroad, which is
Lundertaken at a 'public or private institution.
Aug. 13, 1946, c. 957, Title VII, ? 708, as added Oct. 7, 1978, Pub.-
9S-426, Title IV, ? 405(a)(1), 92 Stat. 979.
Foreign Service Act of 1980:New Sections
New Foreign Service Act'Sections-
(b) In furtherance of the objectives of this Act, the Secretary may-
(1) pay the tuition and other expenses of members of the
Service and employees of the Department who are assigned or
detailed in accordance with law for special instruction or train-
ing, including orientation, language, and career development
training;
(2) pay the salary (excluding premium pay or any special
differential under section 411) of members of the Service selected
and assigned for training; and
(3) provide special monetary or other incentives to encouragc
members of the Service to acquire or retainproficiency in foreign
languages or special abilities needed in the Service. . -
(c) The Secretary may provide to family members of members of the Orientation and
Service or of employees of the Department or other agencies, in training for
anticipation of their assignment abroad or while abroad- family members.
(1) appropriate orientation and language training; and
(2) functional training for anticipated prospective employment
under section 311'.
-
SEC. 705. TRAr ING GaA.N rs.-(a) To facilitate training provided to 22 USC 40Z3.
members of families of Government employees under this chapter,
the Secretary may make grants (by advance payment or by reim-
bursement) to family members attending approved programs of
study. No such grant may exceed the amount actually expended for
necessary costs incurred in conjunction with such attendance.
(b) If a tnember.of the Service who is assigned abroad, or a member Language
of his or'her tam is una~e to participate in language training 1training.
furnished by the Government through the Institute or otherwise, the 1compensation.
Secretary may compensate that individual for all or part of the costs
of language training, related to the assignment abroad, which is
undertaken at a public or private institution.
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