1. U.S. Code
  2. title 50
  3. chapter 44
  4. subchapter II
  5. § 3072

Collapse to view only § 3072. Authority of Federal Bureau of Investigation to award personal services contracts

§ 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.)

CITE AS: 50 USC 3071

§ 3072. Authority of Federal Bureau of Investigation to award personal services contracts
(a) In general
(b) Inapplicability of certain requirements
(c) Contract to be appropriate means of securing services
(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.)

CITE AS: 50 USC 3072

§ 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.
(Pub. L. 108–177, title III, § 311(b), Dec. 13, 2003, 117 Stat. 2605.)

CITE AS: 50 USC 3072a

§ 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.
(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. 1799; Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194; Ex. Ord. No. 11725, § 3, eff. June 29, 1973, 38 F.R. 17175; Ex. Ord. No. 12148, §§ 1–103, 4–102, July 20, 1979, 44 F.R. 43239; Pub. L. 97–89, title V, § 504, Dec. 4, 1981, 95 Stat. 1153; Pub. L. 100–453, title V, § 503, Sept. 29, 1988, 102 Stat. 1910; Pub. L. 108–458, title I, § 1071(a)(1)(U), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)

CITE AS: 50 USC 3073

§ 3073a. Requirements for certain employment activities by former intelligence officers and employees
(a) Post-employment restrictions
(1) Covered post-service position
(A) Permanent restriction
(B) Temporary restriction
(2) Waiver
(A) Authority to grant temporary waiver
(i) Waivers of permanent restrictionOn a case-by-case basis, the Director of National Intelligence may temporarily waive the restriction in paragraph (1)(A) 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 Director a written application for such waiver in such form and manner as the Director determines appropriate;(II) the Director determines that not granting such waiver would result in a grave detrimental impact to current or future intelligence operations of the United States; and(III) the Director provides the congressional intelligence committees with a detailed justification stating why not granting such waiver would result in a grave detrimental impact to current or future intelligence operations of the United States.
(ii) Waivers of temporary restrictionOn a case-by-case basis, the Director may temporarily waive the restriction in paragraph (1)(B) 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 Director a written application for such waiver in such form and manner as the Director determines appropriate; and(II) the Director determines that such waiver is necessary to advance the national security interests of the United States.
(B) Period of waiver
(C) Revocation
(D) Tolling
(E) NotificationNot later than 30 days after the date on which the Director issues a waiver under subparagraph (A) or a revocation of a waiver under subparagraph (C), the Director shall submit to the congressional intelligence committees written notification of the waiver or revocation, as the case may be. Such notification shall include the following:
(i) With respect to a waiver issued to an employee or former employee—(I) the details of the application, including the covered intelligence position held or formerly held by the employee or former employee;(II) the nature of the activities of the employee or former employee after ceasing to occupy a covered intelligence position;(III) a description of the national security interests that will be advanced by reason of issuing such waiver; and(IV) the specific reasons why the Director determines that issuing such waiver will advance such interests.
(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 Director 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 described
(3) Regulations
(c) Penalties
(1) Criminal penalties
(2) Security clearances
(d) Provision of information
(1) Training
(2) Written notice about reporting requirements
(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.
(e) Annual reports
(1) Requirement
(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) Form
(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 position
(2) Covered post-service employment
(3) Covered post-service position
(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) Employee
(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 country
(July 26, 1947, ch. 343, title III, § 304, as added Pub. L. 113–293, title III, § 305(a), Dec. 19, 2014, 128 Stat. 3995; amended Pub. L. 117–103, div. X, title III, § 308(a)(1), Mar. 15, 2022, 136 Stat. 966; Pub. L. 117–263, div. F, title LXIII, § 6301(a)–(c), Dec. 23, 2022, 136 Stat. 3498–3500; Pub. L. 118–31, div. G, title III, § 7304, Dec. 22, 2023, 137 Stat. 1025.)

CITE AS: 50 USC 3073a

§ 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).

(July 26, 1947, ch. 343, title III, § 307, 61 Stat. 509; Pub. L. 103–178, title III, § 309, Dec. 3, 1993, 107 Stat. 2036.)

CITE AS: 50 USC 3074

§ 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.
(July 26, 1947, ch. 343, title III, § 308, 61 Stat. 509; Aug. 10, 1949, ch. 412, § 12(e), 63 Stat. 591; Pub. L. 116–92, div. E, title LXVII, § 6742(b)(10), Dec. 20, 2019, 133 Stat. 2240.)

CITE AS: 50 USC 3075

§ 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.

(July 26, 1947, ch. 343, title III, § 309, 61 Stat. 509.)

CITE AS: 50 USC 3076

§ 3077. Effective date
(a) The first sentence of section 202(a),1
1 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.
(July 26, 1947, ch. 343, title III, § 310, 61 Stat. 509.)

CITE AS: 50 USC 3077

§ 3078. Repealing and savings provisions

All laws, orders, and regulations inconsistent with the provisions of this title 1

1 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

(July 26, 1947, ch. 343, title III, § 312, formerly title IV, § 411, as added Aug. 10, 1949, ch. 412, § 11, 63 Stat. 590; renumbered title III, § 312, Pub. L. 116–92, div. E, title LXVII, § 6742(b)(11), Dec. 20, 2019, 133 Stat. 2240.)

CITE AS: 50 USC 3078

§ 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(f)(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.
(July 26, 1947, ch. 343, title III, § 313, as added Pub. L. 117–263, div. F, title LXIII, § 6314(b), Dec. 23, 2022, 136 Stat. 3511.)

CITE AS: 50 USC 3079