50 U.S.C. § 403x : US Code - Section 403X: Separation pay program for voluntary separation from service

Search 50 U.S.C. § 403x : US Code - Section 403X: 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; (!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) of this section.
(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.