USC Subchapter II

in effect

50 U.S.C. § 3071 National Security Agency voluntary separation

(a) Short titleThis section may be cited as the “National Security Agency Voluntary Separation Act”. (b) DefinitionsFor 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) Establishment of programNotwithstanding 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 retirementAn 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) AmountSeparation 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) TreatmentSeparation 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 restrictionsAn 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) BarAn 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) PenaltyAn 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) LimitationsUnder 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) RegulationsBefore 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 authorityThe 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 fundsIn 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).

50 U.S.C. § 3072 Authority of Federal Bureau of Investigation to award personal services contracts

(a) In generalThe Director of the Federal Bureau of Investigation may enter into personal services contracts if the personal services to be provided under such contracts directly support the intelligence or counterintelligence missions of the Federal Bureau of Investigation. (b) Inapplicability of certain requirementsContracts under subsection (a) shall not be subject to the annuity offset requirements of sections 8344 and 8468 of title 5, the requirements of section 3109 of title 5, or any law or regulation requiring competitive contracting. (c) Contract to be appropriate means of securing servicesThe Chief Contracting Officer of the Federal Bureau of Investigation shall ensure that each personal services contract entered into by the Director under this section is the appropriate means of securing the services to be provided under such contract.

50 U.S.C. § 3072a Reports on exercise of authority

(1) Not later than one year after December 13, 2003, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the appropriate committees of Congress a report on the exercise of the authority in section 3072 of this title. (2) Each report under this section shall include, for the one-year period ending on the date of such report, the following:(A) The number of contracts entered into during the period. (B) The cost of each such contract. (C) The length of each such contract. (D) The types of services to be provided under each such contract. (E) The availability, if any, of United States Government personnel to perform functions similar to the services to be provided under each such contract. (F) The efforts of the Federal Bureau of Investigation to fill available personnel vacancies, or request additional personnel positions, in areas relating to the intelligence or counterintelligence mission of the Bureau. (3) Each report under this section shall be submitted in unclassified form, but may include a classified annex. (4) In this section—(A) for purposes of the submittal of the classified annex to any report under this section, the term “appropriate committees of Congress” means—(i) the Select Committee on Intelligence of the Senate; and (ii) the Permanent Select Committee on Intelligence of the House of Representatives; and (B) for purposes of the submittal of the unclassified portion of any report under this section, the term “appropriate committees of Congress” means—(i) the committees specified in subparagraph (A); (ii) the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate; and (iii) the Committees on Appropriations, Government Reform and Oversight, and the Judiciary of the House of Representatives.

50 U.S.C. § 3073 Advisory committees; appointment; compensation of part-time personnel; applicability of other laws

(a) The Director of the Office of Defense Mobilization, the Director of National Intelligence, and the National Security Council, acting through its Executive Secretary, are authorized to appoint such advisory committees and to employ, consistent with other provisions of this chapter, such part-time advisory personnel as they may deem necessary in carrying out their respective functions and the functions of agencies under their control. Persons holding other offices or positions under the United States for which they receive compensation, while serving as members of such committees, shall receive no additional compensation for such service. Retired members of the uniformed services employed by the Director of National Intelligence who hold no other office or position under the United States for which they receive compensation, other members of such committees and other part-time advisory personnel so employed may serve without compensation or may receive compensation at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS–18 of the General Schedule established by section 5332 of title 5, as determined by the appointing authority. (b) Service of an individual as a member of any such advisory committee, or in any other part-time capacity for a department or agency hereunder, shall not be considered as service bringing such individual within the provisions of section 203, 205, or 207 of title 18, unless the act of such individual, which by such section is made unlawful when performed by an individual referred to in such section, is with respect to any particular matter which directly involves a department or agency which such person is advising or in which such department or agency is directly interested.

50 U.S.C. § 3073a Requirements for certain employment activities by former intelligence officers and employees

(a) Post-employment restrictions(1) Covered post-service position(A) Permanent restrictionExcept as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position for a designated prohibited foreign country following the date on which the employee ceases to occupy a covered intelligence position. (B) Temporary restrictionExcept as provided by paragraph (2)(A), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position during the 30-month period following the date on which the employee ceases to occupy a covered intelligence position. (2) Waiver(A) Authority to grant waiversThe applicable head of an intelligence community element may waive a restriction in paragraph (1) with respect to an employee or former employee who is subject to that restriction only after—(i) the employee or former employee submits to the applicable head of the intelligence community element a written application for such waiver in such form and manner as the applicable head of the intelligence community element determines appropriate; and (ii) the applicable head of the element of the intelligence community determines that granting such waiver will not harm the national security interests of the United States. (B) Period of waiverA waiver issued under subparagraph (A) shall apply for a period not exceeding 5 years. The applicable head of the intelligence community element may renew such a waiver. (C) RevocationThe applicable head of the intelligence community element may revoke a waiver issued under subparagraph (A) to an employee or former employee, effective on the date that is 60 days after the date on which the applicable head of the intelligence community element provides the employee or former employee written notice of such revocation. (D) TollingThe 30-month restriction in paragraph (1)(B) shall be tolled for an employee or former employee during the period beginning on the date on which a waiver is issued under subparagraph (A) and ending on the date on which the waiver expires or on the effective date of a revocation under subparagraph (C), as the case may be. (E) Reporting to CongressOn a quarterly basis, the head of each element of the intelligence community shall submit to the congressional intelligence committees and the congressional defense committees for Department of Defense elements of the intelligence community, a written notification of each waiver or revocation that shall include the following:(i) With respect to a waiver issued to an employee or former employee—(I) the covered intelligence position held or formerly held by the employee or former employee; and (II) a brief description of the covered post-service employment, including the employer and the recipient of the representation, advice, or services. (ii) With respect to a revocation of a waiver issued to an employee or former employee—(I) the details of the waiver, including any renewals of such waiver, and the dates of such waiver and renewals; and (II) the specific reasons why the applicable head of the intelligence community element determined that such revocation is warranted. (b) Covered post-service employment reporting(1) RequirementDuring the period described in paragraph (2), an employee who ceases to occupy a covered intelligence position shall—(A) report covered post-service employment to the head of the element of the intelligence community that employed such employee in such covered intelligence position upon accepting such covered post-service employment; and (B) annually (or more frequently if the head of such element considers it appropriate) report covered post-service employment to the head of such element. (2) Period describedThe period described in this paragraph is the period beginning on the date on which an employee ceases to occupy a covered intelligence position. (3) RegulationsThe head of each element of the intelligence community shall issue regulations requiring, as a condition of employment, each employee of such element occupying a covered intelligence position to sign a written agreement requiring the regular reporting of covered post-service employment to the head of such element pursuant to paragraph (1). (c) Penalties(1) Criminal penaltiesA former employee who knowingly and willfully violates subsection (a) or who knowingly and willfully fails to make a required report under subsection (b) shall be fined under title 18 or imprisoned for not more than 5 years, or both. Each report under subsection (b) shall be subject to section 1001 of title 18. (2) Security clearancesThe head of an element of the intelligence community shall revoke the security clearance of a former employee if the former employee knowingly and willfully fails to make a required report under subsection (b) or knowingly and willfully makes a false report under such subsection. (d) Provision of information(1) TrainingThe head of each element of the intelligence community shall regularly provide training on the restrictions under subsection (a) and the reporting requirements under subsection (b) to employees of that element who occupy a covered intelligence position. (2) Written notice about reporting requirementsThe head of each element of the intelligence community shall provide written notice of the reporting requirements under subsection (b) to an employee when the employee occupies a covered intelligence position. (3) Written notice about restrictionsThe head of each element of the intelligence community shall provide written notice of the restrictions under subsection (a) to any person who may be subject to such restrictions on or after December 23, 2022—(A) when the head of the element determines that such person may become subject to such covered intelligence position restrictions; and (B) when the person occupies a covered intelligence position. (4) Written advisory opinionsUpon request from a current employee who occupies a covered intelligence position or a former employee who previously occupied a covered intelligence position, the applicable head of the element of the intelligence community concerned may provide a written advisory opinion to such current or former employee regarding whether a proposed employment, representation, or provision of advice or services constitutes covered post-service employment as defined in subsection (g). (e) Annual reports(1) RequirementNot later than March 31 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on covered post-service employment occurring during the year covered by the report. (2) ElementsEach report under paragraph (1) shall include the following:(A) The number of former employees who occupy a covered post-service position, broken down by—(i) the name of the employer; (ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and (iii) the nature of the services provided as part of the covered post-service employment. (B) A certification by the Director that—(i) each element of the intelligence community maintains adequate systems and processes for ensuring that former employees are submitting reports required under subsection (b); (ii) to the knowledge of the heads of the elements of the intelligence community, all former employees who occupy a covered post-service position are in compliance with this section; (iii) the services provided by former employees who occupy a covered post-service position do not—(I) pose a current or future threat to the national security of the United States; or (II) pose a counterintelligence risk; and (iv) the Director and the heads of such elements are not aware of any credible information or reporting that any former employee who occupies a covered post-service position has engaged in activities that violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights. (3) FormEach report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (f) NotificationIn addition to the annual reports under subsection (e), if a head of an element of the intelligence community determines that the services provided by a former employee who occupies a covered post-service position pose a threat or risk described in clause (iii) of paragraph (2)(B) of such subsection, or include activities described in clause (iv) of such paragraph, the head shall notify the congressional intelligence committees of such determination by not later than 7 days after making such determination. The notification shall include the following:(1) The name of the former employee. (2) The name of the employer. (3) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed. (4) As applicable, a description of—(A) the risk to national security, the counterintelligence risk, or both; and (B) the activities that may violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights. (g) DefinitionsIn this section:(1) Covered intelligence positionThe term “covered intelligence position” means a position within an element of the intelligence community that, based on the level of access of a person occupying such position to information regarding sensitive intelligence sources or methods or other exceptionally sensitive matters, the head of such element determines should be subject to the requirements of this section. (2) Covered post-service employmentThe term “covered post-service employment” means direct or indirect employment by, representation of, or any provision of advice or services to the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country if such employment, representation, or provision of advice or services relates to national security, intelligence, the military, or internal security. (3) Covered post-service positionThe term “covered post-service position” means a position of employment described in paragraph (2). (4) Designated prohibited foreign countryThe term “designated prohibited foreign country” means the following:(A) The People’s Republic of China. (B) The Russian Federation. (C) The Democratic People’s Republic of Korea. (D) The Islamic Republic of Iran. (E) The Republic of Cuba. (F) The Syrian Arab Republic. (5) EmployeeThe term “employee”, with respect to an employee occupying a covered intelligence position, includes an officer or official of an element of the intelligence community, a contractor of such an element, a detailee to such an element, or a member of the Armed Forces assigned to such an element. (6) Former employeeThe term “former employee” means an individual—(A) who was an employee occupying a covered intelligence position; and (B) who is subject to the requirements under subsection (a) or (b). (7) Government of a foreign countryThe term “government of a foreign country” has the meaning given the term in section 611(e) of title 22.

50 U.S.C. § 3074 Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter (other than the provisions and purposes of sections 3023, 3025, 3035, 3038 of this title and subchapters III, IV, and V).

50 U.S.C. § 3075 “Function” and “Department of Defense” defined

(a) As used in sections 3002, 3021, 3023, 3025, and 3073 of this title, the term “function” includes functions, powers, and duties. (b) As used in this Act, the term “Department of Defense” shall be deemed to include the military departments of the Army, the Navy, and the Air Force, and all agencies created under title II of this Act.

50 U.S.C. § 3076 Separability

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.

50 U.S.C. § 3077 Effective date

(a) The first sentence of section 202(a),11 See References in Text note below. this section, and sections 3001, 3002, 3074, 3075, and 3076 of this title shall take effect July 26, 1947. (b) Except as provided in subsection (a), the provisions of this chapter shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after July 26, 1947.

50 U.S.C. § 3078 Repealing and savings provisions

All laws, orders, and regulations inconsistent with the provisions of this title 11 See References in Text note below. are repealed insofar as they are inconsistent with the powers, duties, and responsibilities enacted hereby: Provided, That the powers, duties, and responsibilities of the Secretary of Defense under this title 1 shall be administered in conformance with the policy and requirements for administration of budgetary and fiscal matters in the Government generally, including accounting and financial reporting, and that nothing in this title 1 shall be construed as eliminating or modifying the powers, duties, and responsibilities of any other department, agency, or officer of the Government in connection with such matters, but no such department, agency, or officer shall exercise any such powers, duties, or responsibilities in a manner that will render ineffective the provisions of this title.1

50 U.S.C. § 3079 Insider threat policy compliance and reporting

The head of each element of the intelligence community shall— (1) implement the policy established in accordance with section 3024(e)(8) of this title; and (2) concurrent with the submission to Congress of budget justification materials in support of the budget of the President for a fiscal year that is submitted to Congress under section 1105(a) of title 31, submit to Congress a certification as to whether the element is in compliance with such policy.