§ 3519a.
(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
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.
(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.
([Pub. L. 103–36, § 2], June 8, 1993, [107 Stat. 104]; [Pub. L. 103–226, § 8(b)], Mar. 30, 1994, [108 Stat. 118]; [Pub. L. 104–93, title IV, § 401], Jan. 6, 1996, [109 Stat. 968]; [Pub. L. 104–293, title IV, § 401], Oct. 11, 1996, [110 Stat. 3468]; [Pub. L. 106–120, title IV, § 402], Dec. 3, 1999, [113 Stat. 1616]; [Pub. L. 107–108, title IV, § 402], Dec. 28, 2001, [115 Stat. 1403]; [Pub. L. 107–306, title IV, § 401], Nov. 27, 2002, [116 Stat. 2403]; [Pub. L. 108–458, title I, § 1071(d)], Dec. 17, 2004, [118 Stat. 3691]; [Pub. L. 108–487, title IV, § 401(a)], (b)(1), Dec. 23, 2004, [118 Stat. 3945], 3946; [Pub. L. 118–31, div. G, title IX, § 7901(h)], Dec. 22, 2023, [137 Stat. 1107].)