Page:United States Statutes at Large Volume 114 Part 5.djvu/823

 PUBLIC LAW 106-567—DEC. 27, 2000 114 STAT. 2837 "(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. Ill) 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 emplo3nTient 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 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.

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