50 U.S.C. § 3072 — Authority of Federal Bureau of Investiga-

Page 657 TITLE 50—WAR AND NATIONAL DEFENSE § 3072 United States) in any formal or informal ap- pearance before, or, with the intent to influ- ence, make any oral or written communica- tion 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 sec- tion 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 sep- aration 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 regula- tions as may be necessary to carry out this sec- tion. (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 geo- graphic locations, or other similar limitations or conditions, required by the Director under subsection (h), and including the proposed regu- lations issued pursuant to subsection (i). (k) Remittance of funds In addition to any other payment that is re- quired to be made under subchapter III of chap- ter 83 or chapter 84 of title 5, the National Secu- rity Agency shall remit to the Office of Per- sonnel 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 separa- tion payment has been or is to be paid under this section. The remittance required by this subsection shall be in lieu of any remittance re- quired by section 4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note). (July 26, 1947, ch. 343, title III, § 301, as added Pub. L. 106–567, title III, § 304(a), Dec. 27, 2000, 114 Stat. 2836; amended Pub. L. 107–306, title III, § 353(b)(2)(A), title VIII, § 841(b), Nov. 27, 2002, 116 Stat. 2402, 2431; Pub. L. 117–263, div. F, title LXVIII, § 6824(a)(4), Dec. 23, 2022, 136 Stat. 3615.) 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 Employ- ees. 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 sec- tions 171b and 171c–1 of former Title 5, Executive De- partments 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 in- cluding’’ 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 an- nual report on the effectiveness and costs of carrying out this section.’’ Pub. L. 107–306, § 353(b)(2)(A), substituted ‘‘congres- sional intelligence committees’’ for ‘‘Permanent Select Committee on Intelligence of the House of Representa- tives and the Select Committee on Intelligence of the Senate’’. § 3072. Authority of Federal Bureau of Investiga- tion to award personal services contracts (a) In general The Director of the Federal Bureau of Inves- tigation may enter into personal services con- tracts if the personal services to be provided under such contracts directly support the intel- ligence or counterintelligence missions of the Federal Bureau of Investigation. (b) Inapplicability of certain requirements Contracts 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 services The 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. (July 26, 1947, ch. 343, title III, § 302, as added Pub. L. 108–177, title III, § 311(a)(1), Dec. 13, 2003, 117 Stat. 2605.) Editorial Notes CODIFICATION Section was formerly classified to section 409b of this title prior to editorial reclassification and renumbering as this section. Page 658 TITLE 50—WAR AND NATIONAL DEFENSE § 3072a PRIOR PROVISIONS A prior section 302 of act July 26, 1947, ch. 343, title III, 61 Stat. 507; Aug. 10, 1949, ch. 412, § 10(b), 63 Stat. 585; Aug. 10, 1956, ch. 1041, § 21, 70A Stat. 629, was classified to section 171c–2 of former Title 5, Executive Depart- ments and Government Officers and Employees, prior to repeal by Pub. L. 87–651, title III, § 307A, Sept. 7, 1962, 76 Stat. 526. § 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 in- clude, 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 In- vestigation to fill available personnel vacan- cies, or request additional personnel positions, in areas relating to the intelligence or coun- terintelligence mission of the Bureau. (3) Each report under this section shall be sub- mitted in unclassified form, but may include a classified annex. (4) In this section— (A) for purposes of the submittal of the clas- sified annex to any report under this section, the term ‘‘appropriate committees of Con- gress’’ 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 un- classified portion of any report under this sec- tion, the term ‘‘appropriate committees of Congress’’ means— (i) the committees specified in subpara- graph (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. (Pub. L. 108–177, title III, § 311(b), Dec. 13, 2003, 117 Stat. 2605.) Editorial Notes CODIFICATION Section was formerly classified to section 409b–1 of this title prior to editorial reclassification and renum- bering as this section. Section was enacted as part of the Intelligence Au- thorization Act for Fiscal Year 2004, and not as part of the National Security Act of 1947 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Rep- resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 3073. Advisory committees; appointment; com- pensation of part-time personnel; applica- bility of other laws (a) The Director of the Office of Defense Mobi- lization, the Director of National Intelligence, and the National Security Council, acting through its Executive Secretary, are authorized to appoint such advisory committees and to em- ploy, 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 agen- cies 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. Re- tired members of the uniformed services em- ployed by the Director of National Intelligence who hold no other office or position under the United States for which they receive compensa- tion, 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 ad- vising or in which such department or agency is directly interested. (July 26, 1947, ch. 343, title III, § 303, 61 Stat. 507; Aug. 10, 1949, ch. 412, § 10(c), 63 Stat. 585; Sept. 3, 1954, ch. 1263, § 8, 68 Stat. 1228; Aug. 10, 1956, ch. 1041, § 53(b), 70A Stat. 676, 684; 1958 Reorg. Plan No. 1, § 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat.