Title 50 — War and National Defense
Chapter 47 — National Security Agency
§ 3607. Support for activities and personnel outside the United States
Statutory text
Leasing of real property
Notwithstanding section 322 of the Act of June 30, 1932, section 5536 of title 5, and section 2675 of title 10, the Director of the National Security Agency, on behalf of the Secretary of Defense, may lease real property outside the United States, for periods not exceeding ten years, for the use of the National Security Agency for special cryptologic activities and for housing for personnel assigned to such activities.
Allowances and benefits, housing, and retirement accrual
The Director of the National Security Agency, on behalf of the Secretary of Defense, may provide to certain civilian and military personnel of the Department of Defense who are assigned to special cryptologic activities outside the United States and who are designated by the Secretary of Defense for the purposes of this subsection—
allowances and benefits—
comparable to those provided by the Secretary of State to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law; and
in the case of selected personnel serving in circumstances similar to those in which personnel of the Central Intelligence Agency serve, comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency;
housing (including heat, light, and household equipment) without cost to such personnel, if the Director of the National Security Agency, on behalf of the Secretary of Defense determines that it would be in the public interest to provide such housing; and
special retirement accrual in the same manner provided in section 2153 of this title and in section 3518 of this title.
Authority subject to availability of appropriated funds
The authority of the Director of the National Security Agency, on behalf of the Secretary of Defense, to make payments under subsections (a) and (b), and under contracts for leases entered into under subsection (a), is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
Members of Armed Forces
Members of the Armed Forces may not receive benefits under both subsection (b)(1) and title 37 for the same purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection.
Regulations
Regulations issued pursuant to subsection (b)(1) 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 86–36 § 9 · 73 Stat. 63
Enacted · 50 U.S.C. § 3607
Pub. L. 86–36, § 9, as added Pub. L. 96–450, title IV, § 402(a)(1), Oct. 14, 1980, 94 Stat. 1977
Source evidence
Code source credit
Pub. L. 86–36, § 9, as added Pub. L. 96–450, title IV, § 402(a)(1), Oct. 14, 1980, 94 Stat. 1977Pub. L. 97–89 § 601(a) · 95 Stat. 1150
Amended · 50 U.S.C. § 3607(b)(1)
Pub. L. 97–89, § 601(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (1), (2), (7), (9), (10), and (11) of section 1136, and under sections 1137, 1138a, 1148, 1156, 1157, and 1160, of title 22; and”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 97–89, § 601(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (1), (2), (7), (9), (10), and (11) of section 1136, and under sections 1137, 1138a, 1148, 1156, 1157, and 1160, of title 22; and”.Enacted provision · exact public law section
(a) 50 USC 402 note. Subsection (b)(1) of section 9 of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended to read as follows: “(1) allowances and benefits— “(A) comparable to those provided by the Secretary of State to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law; and (B) in the case of selected personnel serving in circumstances similar to those in which personnel of the Central Intelligence Agency serve, comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency; and”.Pub. L. 97–89 § 601(b) · 95 Stat. 1150
Added · 50 U.S.C. § 3607(d); 50 U.S.C. § 3607(e)
Pub. L. 97–89, § 601(b), added subsecs. (d) and (e)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 97–89, § 601(b), added subsecs. (d) and (e).Enacted provision · exact public law section
(b) Such section is further amended by adding at the end thereof the following new subsections: “(d) Members of the Armed Forces may not receive benefits under both subsection (b)(1) and title 37, United States Code, for the same Regulations. purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection. “(e) Submittal to congressional committees. Regulations issued pursuant to subsection (b)(1) 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.”.Pub. L. 99–335 title V § 507(a) · 100 Stat. 514
Inserted · 50 U.S.C. § 3607(b)(1)(B)
Pub. L. 99–335 inserted “(including special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note))” before semicolon
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 99–335 inserted “(including special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note))” before semicolon.Enacted provision · exact public law section
(a) Certain National Security Agency Personnel.— Section 9(b)(1)(B) of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting before the semicolon the following: “(including special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note))”. Ante, p. 626.Intelligence Authorization Act, Fiscal Year 1990
Pub. L. 101–193 title V § 505(b) · 103 Stat. 1701
Substituted · 50 U.S.C. § 3607(b)
Pub. L. 101–193 substituted a semicolon for “(including special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note)); and” at end of subpar. (B) of par. (1)
Added · 50 U.S.C. § 3607(b)
Pub. L. 101–193 added par. (3)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–193 substituted a semicolon for “(including special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note)); and” at end of subpar. (B) of par. (1) and added par. (3).Enacted provision · exact public law section
(b) Section 9(b) of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended— (1) in paragraph (1)(B), by striking “(including special”; and all that follows through “note)); and” and inserting in lieu thereof a semicolon; (2) by striking the period at the end of paragraph (2) and inserting in lieu thereof “; and”; and (3) by adding at the end the following new paragraph: “(3) special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) and in section 18 of the Central Intelligence Agency Act of 1949.”.CIARDS Technical Corrections Act of 1992
Pub. L. 102–496 title VIII § 803(b) · 106 Stat. 3180
Substituted · 50 U.S.C. § 3607(b)(3)
Pub. L. 102–496 substituted “the Central Intelligence Agency Retirement Act” for “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 102–496 substituted “the Central Intelligence Agency Retirement Act” for “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees”.Enacted provision · exact public law section
(b) National Security Agency Act of 1959.— Section 9(b)(3) of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by striking out “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees” and inserting in lieu thereof “the Central Intelligence Agency Retirement Act”.Effective date note
Amendment by Pub. L. 102–496 effective on the first day of the fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of this title.
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 322 of the Act of June 30, 1932, referred to in subsec. (a), is section 322 of act June 30, 1932, ch. 314, title III, 47 Stat. 412, which was classified to section 278a of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 100–678, § 7, , 102 Stat. 4052.
The Foreign Service Act of 1980, referred to in subsec. (b)(1)(A), is Pub. L. 96–465, , 94 Stat. 2071. Chapter 9 of title I of the Act is classified generally to subchapter IX (§ 4081 et seq.) of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables.
Codification
Section was formerly classified in a note under section 402 of this title prior to editorial reclassification as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
Amendments1981–1992 · 4 rounds
1992
Subsec. (b)(3). Pub. L. 102–496 substituted “the Central Intelligence Agency Retirement Act” for “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees”.
1989
Subsec. (b). Pub. L. 101–193 substituted a semicolon for “(including special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note)); and” at end of subpar. (B) of par. (1) and added par. (3).
1986
Subsec. (b)(1)(B). Pub. L. 99–335 inserted “(including special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note))” before semicolon.
1981
Subsec. (b)(1). Pub. L. 97–89, § 601(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (1), (2), (7), (9), (10), and (11) of section 1136, and under sections 1137, 1138a, 1148, 1156, 1157, and 1160, of title 22; and”.
Subsecs. (d), (e). Pub. L. 97–89, § 601(b), added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence, and reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency, see section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–496 effective on the first day of the fourth month beginning after , see section 805 of Pub. L. 102–496, set out as an Effective Date note under section 2001 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–335 effective , see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–89 effective , see section 806 of Pub. L. 97–89, set out as an Effective Date note under section 1621 of Title 10, Armed Forces.
Credits
1980–1992 · 5 acts
- 1980Pub. L. 86–36, § 9, as added Pub. L. 96–450, title IV, § 402(a)(1), , 94 Stat. 1977
- 1981amended Pub. L. 97–89, title VI, § 601, , 95 Stat. 1154
- 1986Pub. L. 99–335, title V, § 507(a), , 100 Stat. 628
- 1989Pub. L. 101–193, title V, § 505(b), , 103 Stat. 1709
- 1992Pub. L. 102–496, title VIII, § 803(b), , 106 Stat. 3253.
Show as published
(Pub. L. 86–36, § 9, as added Pub. L. 96–450, title IV, § 402(a)(1), , 94 Stat. 1977; amended Pub. L. 97–89, title VI, § 601, , 95 Stat. 1154; Pub. L. 99–335, title V, § 507(a), , 100 Stat. 628; Pub. L. 101–193, title V, § 505(b), , 103 Stat. 1709; Pub. L. 102–496, title VIII, § 803(b), , 106 Stat. 3253.)