50 U.S.C. § 3519a | Separation pay program for voluntary separation from service

(a)

Definitions

For purposes of this section—

(1)

the term “Director” means the Director of the Central Intelligence Agency; and

(2)

the term “employee” means an employee of the Central Intelligence Agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, 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).

(b)

Establishment of program

March 30, 1994section 105 of title 5In order to avoid or minimize the need for involuntary separations due to downsizing, reorganization, transfer of function, or other similar action, the Director may establish a program under which employees may be offered separation pay to separate from service voluntarily (whether by retirement or resignation). An employee who receives separation pay under such program may not be reemployed by the Central Intelligence 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 , 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 Central Intelligence Agency. If the employment is with an Executive agency (as defined by ), 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.

(c)

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 Central Intelligence Agency; or

(B)

participate in any manner in the award, modification, extension, or performance of any contract for property or services with the Central Intelligence 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 times the proportion of the 12-month period during which the employee was in violation of the agreement.

(d)

Limitations

Under this program, separation pay may be offered only—

(1)

with the prior approval of the Director; and

(2)

to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Director may require.

(e)

Amount and treatment for other purposes

Such separation pay—

(1)

shall be paid in a lump sum;

(2)

shall be equal to the lesser of—

(A)

section 5595(c) of title 5 an amount equal to the amount the employee would be entitled to receive under , if the employee were entitled to payment under such section; or

(B)

$25,000;

(3)

shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and

(4)

section 5595 of title 5 shall not be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under based on any other separation.

(f)

Regulations

The Director shall prescribe such regulations as may be necessary to carry out this section.

(g)

Reporting requirements

(1)

Offering notification

The Director may not make an offering of voluntary separation pay pursuant to this section until 30 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 (d).

(2)

Annual report

At the end of each of the fiscal years 1993 through 1997, 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 a report on the effectiveness and costs of carrying out this section.

Pub. L. 103–36, § 2June 8, 1993107 Stat. 104 Pub. L. 103–226, § 8(b)Mar. 30, 1994108 Stat. 118 Pub. L. 104–93, title IV, § 401Jan. 6, 1996109 Stat. 968 Pub. L. 104–293, title IV, § 401Oct. 11, 1996110 Stat. 3468 Pub. L. 106–120, title IV, § 402Dec. 3, 1999113 Stat. 1616 Pub. L. 107–108, title IV, § 402Dec. 28, 2001115 Stat. 1403 Pub. L. 107–306, title IV, § 401Nov. 27, 2002116 Stat. 2403 Pub. L. 108–458, title I, § 1071(d)Dec. 17, 2004118 Stat. 3691 Pub. L. 108–487, title IV, § 401(a)Dec. 23, 2004118 Stat. 3945 Pub. L. 118–31, div. G, title IX, § 7901(h)Dec. 22, 2023137 Stat. 1107 (, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (b)(1), , , 3946; , , .)

Editorial Notes

Codification

section 403x of this title section 403–4 of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section, and as a note under prior to editorial transfer to section 403x.

Section was enacted as part of the Central Intelligence Agency Voluntary Separation Pay Act, and not as part of the Central Intelligence Agency Act of 1949 which comprises this chapter.

Amendments

Pub. L. 118–312023—Subsec. (a)(1). inserted “and” at end.

Pub. L. 108–458, § 1071(d)2004—Subsec. (a)(1). , amended par. (1) generally. Prior to amendment, par. (1) read: “the term ‘Director’ means the Director of Central Intelligence; and”.

Pub. L. 108–487, § 401(a)Subsecs. (f) to (h). , redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out former subsec. (f), which related to termination of payments under this section.

Pub. L. 108–487, § 401(b)(1)Subsec. (i). , struck out subsec. (i) which related to remittance of funds.

Pub. L. 107–306, § 401(1)September 30, 2005September 30, 20032002—Subsec. (f). , substituted “” for “”.

Pub. L. 107–306, § 401(2)Subsec. (i). , substituted “2003, 2004, or 2005” for “or 2003”.

Pub. L. 107–108, § 402(1)September 30, 2003September 30, 20022001—Subsec. (f). , substituted “” for “”.

Pub. L. 107–108, § 402(2)Subsec. (i). , substituted “2002, or 2003” for “or 2002”.

Pub. L. 106–120, § 402(a)September 30, 2002September 30, 19991999—Subsec. (f). , substituted “” for “”.

Pub. L. 106–120, § 402(b)Subsec. (i). , substituted “, 1999, 2000, 2001, or 2002” for “or fiscal year 1999”.

Pub. L. 104–93, § 401(a)September 30, 1999September 30, 19971996—Subsec. (f). , substituted “” for “”.

Pub. L. 104–293 5 U.S.C. 8331Subsec. (i). inserted at end: “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 ( note).”

Pub. L. 104–93, § 401(b), added subsec. (i).

Pub. L. 103–226, § 8(b)1994—Subsec. (b). , inserted four sentences at end relating to repayment of separation pay requirement.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–458Apr. 21, 2005Apr. 21, 2005section 3001 of this titleFor Determination by President that amendment by take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under .

Pub. L. 108–458Dec. 17, 2004section 1097(a) of Pub. L. 108–458 section 3001 of this titleAmendment by effective not later than six months after , except as otherwise expressly provided, see , set out in an Effective Date of 2004 Amendment; Transition Provisions note under .

Post-Employment Restrictions

Pub. L. 104–293, title IV, § 402Oct. 11, 1996110 Stat. 3468 Pub. L. 117–263, div. F, title LXIII, § 6301(f)Dec. 23, 2022136 Stat. 3501 , , , which authorized the Director of Central Intelligence to prescribe regulations requiring each employee of the Central Intelligence Agency designated by the Director for such purpose to sign a written agreement restricting the activities of the employee upon ceasing employment with the Central Intelligence Agency, was repealed by , , .