§3519a — Title 50 War and National Defense | U.S. Code

Summary

The Director of the Central Intelligence Agency can create a program that pays some CIA workers to leave voluntarily. Director means the CIA Director. Employee means a CIA worker with an open-ended appointment who has worked at least 12 months straight. It does not include a reemployed annuitant or someone already eligible for disability retirement. Workers who take the pay cannot work for the CIA for 12 months after they leave. If the separation happened on or after March 30, 1994, and the person takes any U.S. Government job within 5 years, they must repay all of the separation pay unless a waiver is granted for unique and only-qualified applicants (OPM can waive for Executive agencies, the head of a legislative entity can waive for the legislative branch, and the Administrative Office of the U.S. Courts can waive for the judicial branch). People who accept the pay must agree not to represent others before the CIA or work on CIA contracts for 12 months. If they break that promise, they must repay a portion of the pay based on how much of the 12 months they violated. The Director must approve who is offered the pay, write rules, pay in one lump sum equal to the lesser of the amount they'd get under 5 U.S.C. 5595(c) if eligible or $25,000, and report to Congress 30 days before offering and annually for fiscal years 1993–1997 about costs and results.

Title 50, §3519a

War and National Defense — Source: USLM XML via OLRC

(a)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)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)(1)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,

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

(g)(1)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)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.

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.

§3519a Separation Pay Program for Voluntary Separation From Service

Summary

Title 50, §3519a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Regulations

Citations & Metadata