H. R. 5630—5
‘‘(ii) With respect to the Department of Defense, the authority
to object to such a transfer may be delegated by the Secretary
of Defense, but only to the Deputy Secretary of Defense.
‘‘(iii) An objection to a transfer under subparagraph (A)(v) shall
have no effect unless submitted to the Director of Central Intel-
ligence in writing.’’.
(b) LIMITATION ON DELEGATION OF DUTIES OF DIRECTOR OF
CENTRAL INTELLIGENCE.—Section 104(d)(1) of such Act (50 U.S.C.
403–4(d)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) The Director may only delegate any duty or authority
given the Director under this subsection to the Deputy Director
of Central Intelligence for Community Management.’’.
TITLE 
II—CENTRAL 
INTELLIGENCE
AGENCY 
RETIREMENT 
AND 
DIS-
ABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 2001
the sum of $216,000,000.
TITLE III—GENERAL PROVISIONS
Subtitle A—Intelligence Community
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retire-
ment, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary
for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of the Congress that the Director of Central
Intelligence should continue to direct that elements of the intel-
ligence community, whenever compatible with the national security
interests of the United States and consistent with operational and
security concerns related to the conduct of intelligence activities,
and where fiscally sound, should competitively award contracts
in a manner that maximizes the procurement of products properly
designated as having been made in the United States.
H. R. 5630—6
SEC. 304. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION ACT.
(a) IN GENERAL.—Title III of the National Security Act of
1947 (50 U.S.C. 405 et seq.) is amended by inserting at the begin-
ning the following new section 301:
‘‘NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION
‘‘SEC. 301. (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, United States Code,
or another retirement system for employees of the Govern-
ment; 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, United
States Code, 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, United States Code, 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 ben-
efit; and
‘‘(B) be taken into account for the purpose of deter-
mining the amount of any severance pay to which an
individual may be entitled under section 5595 of title 5,
United States Code, based on any other separation.
H. R. 5630—7
‘‘(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 the date of the enactment of
the Federal Workforce Restructuring Act of 1994 (Public Law 103–
236; 108 Stat. 111) 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, United States Code), 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 rep-
resent, 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 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, modifica-
tion, 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 agree-
ment.
‘‘(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.
H. R. 5630—8
‘‘( j) REPORTING REQUIREMENTS.—
‘‘(1) NOTIFICATION.—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 Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate a report
describing the occupational groups or geographic locations, or
other similar limitations or conditions, required by the Director
under subsection (h), and includes the proposed regulations
issued pursuant to subsection (i).
‘‘(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 annual report on the effective-
ness and costs of carrying out this section.
‘‘(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, United States Code, 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).’’.
(b) CLERICAL AMENDMENT.—The table of contents for title III
of the National Security Act of 1947 is amended by inserting at
the beginning the following new item:
‘‘Sec. 301. National Security Agency voluntary separation.’’.
SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER
FOR CERTAIN INTELLIGENCE COLLECTION PERSONNEL.
(a) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by adding at the end the
following new section:
‘‘TRAVEL ON ANY COMMON CARRIER FOR CERTAIN INTELLIGENCE
COLLECTION PERSONNEL
‘‘SEC. 116. (a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Director of Central Intelligence may authorize
travel on any common carrier when such travel, in the discretion
of the Director—
‘‘(1) is consistent with intelligence community mission
requirements, or
‘‘(2) is required for cover purposes, operational needs, or
other exceptional circumstances necessary for the successful
performance of an intelligence community mission.
‘‘(b) AUTHORIZED DELEGATION OF DUTY.—The Director may only
delegate the authority granted by this section to the Deputy Director
of Central Intelligence, or with respect to employees of the Central
Intelligence Agency the Director may delegate such authority to
the Deputy Director for Operations.’’.