republic-os/legal/us/code/title-50/chapter-47/section-3610.md

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LegalText	50 U.S.C. § 3610	Senior Cryptologic Executive Service	us	united_states_code	code_section	50	WAR AND NATIONAL DEFENSE	47	NATIONAL SECURITY AGENCY	3610	50 U.S.C. § 3610	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip	/us/usc/t50/s3610	data/legal/raw/us/code/title-50/usc50.xml	98b621f107315c034d39e26dea989700e6f910c7ddd169edd8651c711d7eee74	708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac	48190a0e007ca0ec8faa8c43482da9e8ce8a9b0485c4910402737d73f59203cb	2026-07-04	official	legal us-code

50 U.S.C. § 3610 - Senior Cryptologic Executive Service

Text

(a) Establishment; applicable personnel provisions (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 establishing the Senior Cryptologic Executive Service shall—

(A) meet the requirements set forth in section 3131 of title 5 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 2,11 See References in Text note below. 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;

(D) 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;

(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 (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);

(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 Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of such title; and

(H) provide for the recertification of members of the Senior Cryptologic Executive Service consistent with the provisions of section 3393a 1 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 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 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.

(4) 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.

(b) Merit pay system 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.

(c) Maximum pay for fiscal year 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.

(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.)

Notes

Editorial Notes

References in TextSection 2, referred to in subsec. (a)(1)(C), meant section 2 of Pub. L. 86–36, May 29, 1959, 73 Stat. 63; Pub. L. 87–367, title II, § 201, Oct. 4, 1961, 75 Stat. 789; Sept. 23, 1950, ch. 1024, title III, § 306(a), as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170; Pub. L. 88–426, title III, § 306(h), Aug. 14, 1964, 78 Stat. 430; Pub. L. 88–631, § 3(d), Oct. 6, 1964, 78 Stat. 1008; Pub. L. 89–632, § 1(e)(1), Oct. 8, 1966, 80 Stat. 878; Pub. L. 102–496, title IV, § 405, Oct. 24, 1992, 106 Stat. 3186, which related to authority of Secretary of Defense to establish positions and fix compensation, prior to repeal by Pub. L. 104–201, div. A, title XVI, §§ 1633(b)(1), 1635, Sept. 23, 1996, 110 Stat. 2751, 2752, effective Oct. 1, 1996. A new section 2 of Pub. L. 86–36 subsequently was added by Pub. L. 111–259, title IV, § 433, Oct. 7, 2010, 124 Stat. 2732, and is classified to section 3602 of this title. Section 3393a of title 5, referred to in subsec. (a)(1)(H), was repealed by Pub. L. 107–296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296. Level I of the Executive Schedule, referred to in subsec. (c), is set out in section 5312 of Title 5, Government Organization and Employees.

Codification Section was formerly classified in a note under section 402 of this title prior to editorial reclassification as this section.

Amendments1996—Subsec. (a)(5). Pub. L. 104–106 struck out par. (5), which required the Director of the National Security Agency to submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate annual reports on executive personnel in the National Security Agency. 1989—Subsec. (a)(1)(F). Pub. L. 101–194, § 506(c)(2)(A), struck out “and” at end of subpar. (F). Subsec. (a)(1)(G). Pub. L. 101–194, § 506(c)(2)(B), which directed amendment by inserting “and” after the semicolon at the end of subpar. (G), was executed by substituting “; and” for the period at the end of subpar. (G), to reflect the probable intent of Congress. Subsec. (a)(1)(H). Pub. L. 101–194, § 506(c)(2)(C), added subpar. (H).

Statutory Notes and Related Subsidiaries

Effective Date of 1989 AmendmentAmendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101–194, set out as a note under section 3151 of Title 5, Government Organization and Employees.

Effective DateSection effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces.