EO 13236Executive OrderG.W. Bush · R

Executive Order 13236

Waiver of Dual Compensation Provisions of the Central Intelligence Agency Retirement Act of 1964

This executive order grants the Director of Central Intelligence temporary authority to waive dual compensation restrictions for rehired CIA retirees during emergencies or unusual circumstances, aligning CIA retirement rules with existing Civil Service provisions. Recipients cannot accrue additional retirement benefits during this reemployment.

Key directives

  • Director of Central Intelligence may waive dual compensation reduction provisions for temporary employees
  • Waiver permitted only during emergencies involving direct threat to life or property or other unusual circumstances
  • Employees receiving both salary and annuity under this authority cannot earn additional retirement benefits
  • Authority may be delegated as appropriate

Who is ordered

Timeline

Immediate

  • Authority to waive dual compensation provisions takes effect upon signing

Near term (90d)

  • Potential use during post-9/11 intelligence surge (contextual, not text-required)

Long term

  • Ongoing standby authority for future emergencies; no sunset date specified in order

Risks & tensions

  • No defined 'unusual circumstances' standard creates discretionary ambiguity
  • No sunset or reporting requirement limits oversight visibility
  • Exclusion of additional benefit accrual may create retention tension for skilled retirees
  • Post-9/11 timing suggests immediate operational need but text does not specify terrorism context
Executive Order 13236: Waiver of Dual Compensation Provisions of the Central Intelligence Agency Retirement Act of 1964 · Executive Orders