50 U.S.C. § 3071: National Security Agency…

Summary

Allows the Director of the National Security Agency to set up a voluntary program, starting after October 1, 2000, that offers eligible NSA employees early retirement, a one-time separation payment, or both. An eligible employee is someone hired without a time limit who has worked at NSA continuously for at least 12 months before the program starts, but not a reemployed annuitant or someone eligible for disability retirement. Early retirement is allowed for people who are at least 50 with 20 years of service, or who have 25 years of service, and who have at least 10 years at NSA; retirement benefits follow the usual federal retirement rules. Separation pay is a single lump sum equal to the smaller of the regular severance amount the person would get or $25,000. That payment does not count toward other government benefits or severance. Anyone who takes the separation pay cannot work at NSA for 12 months after leaving. For separations on or after March 30, 1994, if the person takes any U.S. government job within 5 years they must repay the full separation pay unless a waiver is granted for a person with unique skills and no other qualified candidate (waivers handled by OPM, the legislative entity head, or the courts’ Administrative Office as appropriate). People must also agree not to represent others before NSA or try to influence NSA, or to take part in NSA contracts, for 12 months after leaving; breaking that promise means repaying a share of the separation pay based on how long they violated it. The Director must approve the program, set limits (time, job groups, places), write rules first, notify the congressional intelligence committees 15 days before offers, and send 15 percent of each person’s final basic pay to the Office of Personnel Management for the Civil Service Retirement and Disability Fund.

Title 50, §3071

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(a)Short title

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

(b)Definitions

For purposes of this section

(1)

(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)Establishment of program

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)Early retirement

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,

may, pursuant to regulations promulgated under this section, apply and be retired from the National Security Agency and receive benefits in accordance with chapter 83 or 84 of title 5 if the employee has not less than 10 years of service with the National Security Agency.

(e)Amount of separation pay and treatment for other purposes

(1)Amount

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

(B)$25,000.

(2)Treatment

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)Reemployment restrictions

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)Bar on certain employment

(1)Bar

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,

during the 12-month period beginning on the effective date of the employee’s separation from service.

(2)Penalty

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)Limitations

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)Regulations

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)Notification of exercise of authority

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)Remittance of funds

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