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50 U.S.C. § 3075 — National Security Agency voluntary separation

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3075 — National Security Agency voluntary separation

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Stable record: federal_law:legal_authorities:record_usc_22421d0526516e2e3c7fa632
Source file: Laws/federal/codes/united-states-code/title-50/section-3075-national-security-agency-voluntary-separation--4937d9ff1f.md
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Source location: Title 50, Chapter 44, § 3075; chapter-044-national-security.md

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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) 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 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) an amount equal to the amount the employee would be entitled to receive under [section 5595(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5595/c&num=0&edition=prelim) if the employee were entitled to payment under such section; or (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5595&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8331&num=0&edition=prelim) note).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8331 — Definitions

For the purpose of this subchapter— (1) “employee” means— (A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); (B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden; (C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter; (E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954; (F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim); (G) an individual first employed by the government of the District of Columbia before October 1, 1987; (H) an individual employed by Gallaudet College; (I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); (J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8331

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 105 — Executive agency

For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 409a — Transferred

### Statutory Notes #### Codification Section 408, comprising section 201(d) of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3005&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5595 — Severance pay

**(a)** For the purpose of this section— (1) “agency” means— (A) an Executive agency; (B) the Library of Congress; (C) the Government Publishing Office; (D) the government of the District of Columbia; (E) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by [section 610 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section610&num=0&edition=prelim); and (F) the Office of the Architect of the Capitol; and (2) “employee” means— (A) an individual employed in or under an agency; and (B) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim); but does not include— (i) an employee (other than a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or an employee whose pay is fixed under section 5376) whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the maximum rate for the Executive Schedule; (ii) an employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of more than 3 days following service under an appointment without time limitation; (iii) an alien employee who occupies a position outside the several States, the District of Columbia, and the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979); (iv) an

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 412 — Transferred

### Statutory Notes #### Codification Section 410, comprising section 308 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3075 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3075&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8331 — Definitions

Page 975 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8331 Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT Section 2 of the Act of September 26, 1961 (75 Stat. 648), referred to in subsec. (b)(1), is set out as a note under section 8322 of this title. § 8320. Offense or violation committed in compli- ance with orders When it is established by satisfactory evidence that an individual— (1) was convicted of an offense named by sec- tion 8312 of this title; or (2) violated section 8314 or 8315 of this title; as a result of proper compliance with orders issued, in a confidential relationship, by an agency or other authority of the Government of the United States or the government of the District of Columbia, the right to receive an- nuity or retired pay may not be denied. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2285(c). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 6(c)’’, 75 Stat. 645. The reference to conviction of an offense which con- stitutes a violation of former section 2283 (which is car- ried into this title as sections 8314 and 8315) is omitted as being covered by the words ‘‘violated section 8314 or 8315 of this title’’ which are added on authority of the words ‘‘conviction or violation’’ in former section 2285(c). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8321. Liability of accountable employees An accountable employee may not be held re- sponsible for a payment made in violation of t

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8331

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3075 — ‘‘Function’’ and ‘‘Department of Defense’’

Page 663 TITLE 50—WAR AND NATIONAL DEFENSE § 3075 ‘‘(ii) may be designated as covered intelligence provisions before such designation becomes final; and ‘‘(B) establish a period of not fewer than 30 days and not more than 60 days after receipt of the written no- tice required under paragraph (3) of subsection (d) of such section 304 [50 U.S.C. 3073a(d)(3)], as added by subsection (c)(1) of this section, within which such personnel may opt out of a covered intelligence posi- tion and the accompanying obligations imposed by subsection (a)(1)(A) of such section 304 [50 U.S.C. 3073a(a)(1)(A)], as amended by subsection (a) of this section. ‘‘(4) CERTIFICATION.—Not later than 180 days after the date of the enactment of this Act, the Director of Na- tional Intelligence shall submit to the congressional intelligence committees— ‘‘(A) a written certification for each head of an ele- ment of the intelligence community who has issued new or updated regulations pursuant to paragraph (2); and ‘‘(B) for each head of an element of the intelligence community who has not issued such new or updated regulations, an explanation for the failure to issue such new or updated regulations.’’ [For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in sec- tion 6301(d) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.] Pub. L. 117–103, div. X, title III, § 308(a)(3), Mar. 15, 2022, 136 Stat. 970, provided that: ‘‘(A) SUBMISSION.—Not later than 90 days after the date of the enactment of this Act [Mar. 15, 2022], the head of each element of the intelligence community shall submit to the congressional intelligence commit- tees new or updated regulations i

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3075

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