§3071 — Title 50 War and National Defense | U.S. Code

Summary

Lets the Director of the National Security Agency set up a voluntary program after October 1, 2000, where eligible NSA employees can take early retirement, get a one‑time separation payment, or both. Definitions: Director means the NSA Director. Employee means a permanent NSA worker with at least 12 months of continuous service before the program starts, but not a reemployed annuitant or someone eligible for disability retirement. Early retirement is available to someone who is at least 50 with 20 years of service or who has 25 years of service. Separation pay is a lump sum equal to the smaller of what the person would get under 5 U.S.C. 5595(c) or $25,000. That payment does not count toward other government benefits or other severance calculations. People who take separation pay cannot be reemployed at NSA for 12 months. If the separation happened on or after March 30, 1994, and the person takes any U.S. Government job within 5 years, they must repay the full separation pay unless a waiver is granted for unique skills (OPM Director for executive agencies, the head or appointing official for legislative branch, or the Administrative Office Director for the judicial branch). Participants must agree not to represent others before NSA, try to influence NSA for others, or take part in NSA contracts. Breaking that promise means repaying a share of the separation pay equal to the portion of the 12‑month period they violated. The Director must approve offers, set the time and limits, write rules, send those rules and a report to the congressional intelligence committees and wait 15 days before making offers, and NSA must send 15 percent of each separated employee’s final basic pay to OPM for the Civil Service Retirement and Disability Fund.

Title 50, §3071

War and National Defense — Source: USLM XML via OLRC

(a)This section may be cited as the “National Security Agency Voluntary Separation Act”.

(b)For purposes of this section—

(1)the term “Director” means the Director of the National Security Agency; and

(2)the term “employee” means an employee of the National Security Agency, serving under an appointment without time limitation, who has been currently employed by the National Security Agency for a continuous period of at least 12 months prior to the effective date of the program established under subsection (c), except that such term does not include—

(A)a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5 or another retirement system for employees of the Government; or

(B)an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).

(c)Notwithstanding any other provision of law, the Director, in his sole discretion, may establish a program under which employees may, after October 1, 2000, be eligible for early retirement, offered separation pay to separate from service voluntarily, or both.

(d)An employee who—

(1)is at least 50 years of age and has completed 20 years of service; or

(2)has at least 25 years of service,

(e)(1)Separation pay shall be paid in a lump sum and shall be equal to the lesser of—

(A)an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5 if the employee were entitled to payment under such section; or

(B)$25,000.

(2)Separation pay shall not—

(A)be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and

(B)be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under section 5595 of title 5 based on any other separation.

(f)An employee who receives separation pay under such program may not be reemployed by the National Security Agency for the 12-month period beginning on the effective date of the employee’s separation. An employee who receives separation pay under this section on the basis of a separation occurring on or after March 30, 1994, and accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the National Security Agency. If the employment is with an Executive agency (as defined by section 105 of title 5), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.

(g)(1)An employee may not be separated from service under this section unless the employee agrees that the employee will not—

(A)act as agent or attorney for, or otherwise represent, any other person (except the United States) in any formal or informal appearance before, or, with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to the National Security Agency; or

(B)participate in any manner in the award, modification, or extension of any contract for property or services with the National Security Agency,

(2)An employee who violates an agreement under this subsection shall be liable to the United States in the amount of the separation pay paid to the employee pursuant to this section multiplied by the proportion of the 12-month period during which the employee was in violation of the agreement.

(h)Under this program, early retirement and separation pay may be offered only—

(1)with the prior approval of the Director;

(2)for the period specified by the Director; and

(3)to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Director may require.

(i)Before an employee may be eligible for early retirement, separation pay, or both, under this section, the Director shall prescribe such regulations as may be necessary to carry out this section.

(j)The Director may not make an offer of early retirement, separation pay, or both, pursuant to this section until 15 days after submitting to the congressional intelligence committees a report describing the occupational groups or geographic locations, or other similar limitations or conditions, required by the Director under subsection (h), and including the proposed regulations issued pursuant to subsection (i).

(k)In addition to any other payment that is required to be made under subchapter III of chapter 83 or chapter 84 of title 5, the National Security Agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, an amount equal to 15 percent of the final basic pay of each employee to whom a voluntary separation payment has been or is to be paid under this section. The remittance required by this subsection shall be in lieu of any remittance required by section 4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4(a) of the Federal Workforce Restructuring Act of 1994, referred to in subsec. (k), is section 4(a) of Pub. L. 103–226, which is set out as a note under section 8331 of Title 5, Government Organization and Employees. Codification Section was formerly classified to section 409a of this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 301 of act July 26, 1947, ch. 343, title III, 61 Stat. 507; Apr. 2, 1949, ch. 47, § 2, 63 Stat. 31; Aug. 10, 1949, ch. 412, § 10(a), 63 Stat. 585, was classified to section 171b and 171c–1 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632.

Amendments

2022—Subsec. (j). Pub. L. 117–263 substituted “and including” for “and includes”. 2002—Subsec. (j). Pub. L. 107–306, § 841(b), substituted “Notification of exercise of authority” for “Reporting requirements” in subsec. heading and struck out “(1) Notification.—” before “The Director may” and par. (2) which read as follows: “(2) Annual report.—The Director shall submit to the President and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate an annual report on the effectiveness and costs of carrying out this section.” Pub. L. 107–306, § 353(b)(2)(A), substituted “congressional intelligence committees” for “Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate”.

§3071 National Security Agency voluntary separation