Title 50, War and National DefenseRelease 119-110
§3519a Separation Pay Program for Voluntary Separation From Service
Title 50 › CHAPTER 46 — CENTRAL INTELLIGENCE AGENCY › § 3519a
Summary
Lets the CIA Director set up a program that pays cash to certain CIA employees who agree to leave work on their own to avoid layoffs or reorganizations. Director = the Director of the CIA. Employee = a CIA worker with a permanent appointment and at least 12 months of continuous service. It does not include reemployed federal annuitants or people eligible for disability retirement. Employees who take the offer must agree not to represent other people before the CIA or try to influence the CIA for others, and not to work on CIA contracts, for 12 months after leaving. They cannot be rehired by the CIA for 12 months. If the separation was on or after March 30, 1994, and the person takes another U.S. government job within 5 years, they must repay all the separation pay unless a waiver is granted because they have unique skills and are the only qualified applicant (OPM or the appropriate legislative or judicial official can grant the waiver). Pay is a one-time lump sum equal to the smaller of the amount under 5 U.S.C. 5595(c) or $25,000. The Director must approve who is offered the pay, write rules to run the program, wait 30 days after telling the House and Senate intelligence committees before offering it, and report at the end of each fiscal year 1993–1997 on costs and results.
Full Legal Text
Title 50, §3519a
War and National Defense, Source: USLM XML via OLRC
(a)Definitions
For purposes of this section
(1)
(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
In 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 March 30, 1994, 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 section 105 of title 5), 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)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;
(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)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 section 5595 of title 5 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 403x of this title prior to editorial reclassification and renumbering as this section, and as a note under section 403–4 of this title 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
2023—Subsec. (a)(1). Pub. L. 118–31 inserted “and” at end. 2004—Subsec. (a)(1). Pub. L. 108–458, § 1071(d), amended par. (1) generally. Prior to amendment, par. (1) read: “the term ‘Director’ means the Director of Central Intelligence; and”. Subsecs. (f) to (h). Pub. L. 108–487, § 401(a), 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. Subsec. (i). Pub. L. 108–487, § 401(b)(1), struck out subsec. (i) which related to remittance of funds. 2002—Subsec. (f). Pub. L. 107–306, § 401(1), substituted “
September 30, 2005” for “
September 30, 2003”. Subsec. (i). Pub. L. 107–306, § 401(2), substituted “2003, 2004, or 2005” for “or 2003”. 2001—Subsec. (f). Pub. L. 107–108, § 402(1), substituted “
September 30, 2003” for “
September 30, 2002”. Subsec. (i). Pub. L. 107–108, § 402(2), substituted “2002, or 2003” for “or 2002”. 1999—Subsec. (f). Pub. L. 106–120, § 402(a), substituted “
September 30, 2002” for “
September 30, 1999”. Subsec. (i). Pub. L. 106–120, § 402(b), substituted “, 1999, 2000, 2001, or 2002” for “or fiscal year 1999”. 1996—Subsec. (f). Pub. L. 104–93, § 401(a), substituted “
September 30, 1999” for “
September 30, 1997”. Subsec. (i). Pub. L. 104–293 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 (5 U.S.C. 8331 note).” Pub. L. 104–93, § 401(b), added subsec. (i). 1994—Subsec. (b). Pub. L. 103–226, § 8(b), inserted four sentences at end relating to repayment of separation pay requirement.
Statutory Notes and Related Subsidiaries
Effective Date
of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an
Effective Date
of 2004 Amendment; Transition Provisions note under section 3001 of this title. Post-Employment Restrictions Pub. L. 104–293, title IV, § 402, Oct. 11, 1996, 110 Stat. 3468, 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 Pub. L. 117–263, div. F, title LXIII, § 6301(f), Dec. 23, 2022, 136 Stat. 3501.
Reference
Citations & Metadata
Citation
50 U.S.C. § 3519a
Title 50, War and National Defense
Last Updated
Sep 22, 2026
Release point: 119-110