Central Intelligence Agency Voluntary Separation Pay Act
PL 103-36 (H.R.1723), enacted 06/08/1993

107 STAT. 104 
PUBLIC LAW 103-36—JUNE 8, 1993 
Public Law 103-36 
103d Congress 
An Act 
June 8, 1993 
[H.R. 1723] 
Central 
Intelligence 
Agency 
Voluntary 
Separation 
Pay Act. 
50 use 2001 
note. 
50 use 403-4 
note. 
To authorize the establishment of a program under which employees of the Central 
Intelligence Agency may be offered separation pay to separate from service volun-
tarily 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. SHORT TITLE. 
This Act may be cited as the "Central Intelligence Agency 
Voluntary Separation Pay Act". 
SEC. 2. SEPARATION PAY. 
(a) DEFINITIONS.—^For purposes of this section— 
(1) the term "Director^ means the Director of Central Intel-
ligence; 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 continu-
ous 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 Grovem-
ment; or 
(B) an employee having a disability on the basis of 
which such employee is or would be eligible for disability 
retirement imder any of the retirement systems referred 
to in subparagraph (A). 
(b) ESTABLISHMENT OF PROGRAM.—In order to avoid or mini-
mize the need for involuntary separations due to downsizing, reorga-
nization, 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 volimtarily (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 effec-
tive date of the employee's separation. 
(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 influ-
PUBLIC LAW 103-36—JUNE 8, 1993 
107 STAT. 105 
ence, 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, modifica-
tion, 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.—^Aa 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 o
f
— 
(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 pa3nnent, 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 imder section 5595 of title 5, United 
States Code, based on any other separation. 
(f) TERMINATION.—^No amoimt shall be payable imder this sec-
tion based on any separation occurring after September 30, 1997. 
(g) REGULATIONS.—^The Director shall prescribe such regula-
tions as may be necessary to carry out this section. 
(h) 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 Commit-
tee on Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate a report describ-
ing the occupational groups or geographic locations, or other 
similar limitations or conditions, required by the Director imder 
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 Intel-
ligence of the Senate a report on the effectiveness and costs 
of carrying out this section. 
107 STAT. 106 
PUBLIC LAW 103-36—JUNE 8, 1993 
SEC. 3. EARLY RETIREMENT FOR CIARDS AND FERS SPECIAL 
PARTICIPANTS. 
Section 233 of the Central Intelligence Agency Retirement Act 
(50 U.S.C. 2053) is amended— 
(1) by inserting *
*
(
a
)
*
* before "A participant"; and 
(2) by adding at the end the following new subsection: 
''(b) A participant who has at least 25 years of service, ten 
years of which are with the Agency, may retire, with the consent 
of the Director, at any age and receive benefits in accordance 
with the provisions of section 221 if the Office of Personnel Manage-
ment has authorized separation from service volimtarily for Agency 
employees under section 8336(dX2) of title 5, United States Code, 
with respect to the Civil Service Retirement System or section 
8414(bXlXB) of such title with respect to the Federal Employees' 
Retirement System.*. 
Approved June 8, 1993. 
LEGISLATIVE HISTORY—H.R. 1723: 
HOUSE REPORTS: No. 103-102 (Select Comm. on Intelligence). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
May 24, considered and passed House. 
May 26, considered and passed Senate.