View all text of Subchapter II [§ 3071 - § 3079]
§ 3071. National Security Agency voluntary separation
(a) Short title
(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 program
(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 restrictions
(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) Penalty
(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) Regulations
(j) Notification of exercise of authority
(k) Remittance of funds
(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.)