CENTRAL INTELLIGENCE AGENCY VOLUNTARY SEPARATION PAY ACT CIA VOLUNTARY SEPARATION PAY ACT Public Law 103–36, as amended 107 Stat. 104, as amended CENTRAL INTELLIGENCE AGENCY VOLUNTARY SEPARATION PAY ACT 36 118–31 Statute Compilation United States House of Representatives Office of the Legislative Counsel text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. GPO Statute Compilations USLM converter, version 20230403.1 2024-01-12 Central Intelligence Agency Voluntary Separation Pay Act 1438 103 1993-06-08 CENTRAL INTELLIGENCE AGENCY VOLUNTARY SEPARATION PAY ACT [(Public Law 103–36; 107 Stat. 104; approved June 8, 1993)] [As Amended Through P.L. 118–31, Enacted December 22, 2023] [Currency: This publication is a compilation of the text of Public Law 103–36. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/] [Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
AN ACTTo authorize the establishment of a program under which employees of the Central Intelligence Agency may be offered separation pay to separate from service voluntarily to avoid or minimize the need for involuntary separations due to downsizing, reorganization, transfer of function, or other similar action, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. [50 U.S.C. 2001 nt] SHORT TITLE. This Act may be cited as the “Central Intelligence Agency Voluntary Separation Pay Act”.
SEC. 2. [50 U.S.C. 3519a] SEPARATION PAY. (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, United States Code, 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 the date of the enactment of the Federal Workforce Restructuring Act of 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, 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. (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, United States Code, 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, United States Code, 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.
SEC. 3. EARLY RETIREMENT FOR CIARDS AND FERS SPECIAL PARTICIPANTS. [Section 3 amended section 233 of the Central Intelligence Agency Retirement Act by designating existing text as subsection (a) and adding at the end a new subsection (b).]