`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1723 Engrossed in House (EH)]

103d CONGRESS

  1st Session

                               H. R. 1723

_______________________________________________________________________

                                 AN ACT

 To 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.






103d CONGRESS
  1st Session
                                H. R. 1723

_______________________________________________________________________

                                 AN ACT


 
 To 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. 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 
        Intelligence; 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.
    (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) Termination.--No amount shall be payable under this section 
based on any separation occurring after September 30, 1997.
    (g) Regulations.--The Director shall prescribe such regulations 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 
        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 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 Management has 
authorized separation from service voluntarily for Agency employees 
under section 8336(d)(2) of title 5, United States Code, with respect 
to the Civil Service Retirement System or section 8414(b)(1)(B) of such 
title with respect to the Federal Employees' Retirement System.''.

            Passed the House of Representatives May 24, 1993.

            Attest:






                                                                 Clerk.`