Union Calendar No. 52

103D CONGRESS

1ST SESSION H. R. 1723

[Report No. 103–102]

A BILL

To authorize the establishment of a program under

or other similar action.downsizing, reorganization, transfer of function,the need for involuntary separations due torate from service voluntarily to avoid or minimizeAgency may be offered separation pay to sepawhich employees of the Central Intelligence

MAY 24, 1993

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 52

103D CONGRESS

1ST SESSION H. R. 1723

[Report No. 103–102]

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.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1993

Mr. GLICKMAN introduced the following bill; which was referred to the

Permanent Select Committee on Intelligence

MAY 24, 1993

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on April 20, 1993]

A BILL

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Central Intelligence

5 Agency Voluntary Separation Pay Act’’.

6 SEC. 2. SEPARATION PAY.

7 (a) DEFINITIONS.—For purposes of this section—

8 (1) the term ‘‘Director’’ means the Director of

9 Central Intelligence; and

10 (2) the term ‘‘employee’’ means an employee of

11 the Central Intelligence Agency, serving under an ap12 pointment without time limitation, who has been cur13 rently employed for a continuous period of at least 12

14 months, except that such term does not include—

15 (A) a reemployed annuitant under sub16 chapter III of chapter 83 or chapter 84 of title

17 5, United States Code, or another retirement sys18 tem for employees of the Government; or

19 (B) an employee having a disability on the

20 basis of which such employee is or would be eli21 gible for disability retirement under any of the

22 retirement systems referred to in subparagraph

23 (A).

24 (b) ESTABLISHMENT OF PROGRAM.—In order to avoid

25 or minimize the need for involuntary separations due to
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1 downsizing, reorganization, transfer of function, or other

2 similar action, the Director may establish a program under

3 which employees may be offered separation pay to separate

4 from service voluntarily (whether by retirement or resigna5 tion). An employee who receives separation pay under such

6 program may not be reemployed by the Central Intelligence

7 Agency for the 12-month period beginning on the effective

8 date of the employee’s separation.

9 (c) BAR ON CERTAIN EMPLOYMENT.—

10 (1) BAR.—An employee may not be separated

11 from service under this section unless the employee

12 agrees that the employee will not—

13 (A) act as agent or attorney for, or other14 wise represent, any other person (except the

15 United States) in any formal or informal ap16 pearance before, or, with the intent to influence,

17 make any oral or written communication on be18 half of any other person (except the United

19 States) to the Central Intelligence Agency; or

20 (B) participate in any manner in the

21 award, modification, extension, or performance

22 of any contract for property or services with the

23 Central Intelligence Agency,

24 during the 12-month period beginning on the effective

25 date of the employee’s separation from service.
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1 (2) PENALTY.—An employee who violates an

2 agreement under this subsection shall be liable to the

3 United States in the amount of the separation pay

4 paid to the employee pursuant to this section times

5 the proportion of the 12-month period during which

6 the employee was in violation of the agreement.

7 (d) LIMITATIONS.—Under this program, separation

8 pay may be offered only—

9 (1) with the prior approval of the Director; and

10 (2) to employees within such occupational groups

11 or geographic locations, or subject to such other simi12 lar limitations or conditions, as the Director may re13 quire.

14 (e) AMOUNT AND TREATMENT FOR OTHER PUR15 POSES.—Such separation pay—

16 (1) shall be paid in a lump sum;

17 (2) shall be equal to the lesser of—

18 (A) an amount equal to the amount the em19 ployee would be entitled to receive under section

20 5595(c) of title 5, United States Code, if the em21 ployee were entitled to payment under such sec22 tion; or

23 (B) $25,000;
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1 (3) shall not be a basis for payment, and shall

2 not be included in the computation, of any other type

3 of Government benefit; and

4 (4) shall not be taken into account for the pur5 pose of determining the amount of any severance pay

6 to which an individual may be entitled under section

7 5595 of title 5, United States Code, based on any

8 other separation.

9 (f) TERMINATION.—No amount shall be payable under

10 this section based on any separation occurring after Sep11 tember 30, 1997.

12 (g) REGULATIONS.—The Director shall prescribe such

13 regulations as may be necessary to carry out this section.

14 (h) REPORTING REQUIREMENTS.—

15 (1) OFFERING NOTIFICATION.—The Director may

16 not make an offering of voluntary separation pay

17 pursuant to this section until 30 days after submit18 ting to the Permanent Select Committee on Intel19 ligence of the House of Representatives and the Select

20 Committee on Intelligence of the Senate a report de21 scribing the occupational groups or geographic loca22 tions, or other similar limitations or conditions, re23 quired by the Director under subsection (d).

24 (2) ANNUAL REPORT.—At the end of each of the

25 fiscal years 1993 through 1997, the Director shall sub-
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1 mit to the President and the Permanent Select Com2 mittee on Intelligence of the House of Representatives

3 and the Select Committee on Intelligence of the Senate

4 a report on the effectiveness and costs of carrying out

5 this section.

6 SEC. 3. EARLY RETIREMENT FOR CIARDS AND FERS SPE7 CIAL PARTICIPANTS.

8 Section 233 of the Central Intelligence Agency Retire9 ment Act (50 U.S.C. 2053) is amended—

10 (1) by inserting ‘‘(a)’’ before ‘‘A participant’’;

11 and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(b) A participant who has at least 25 years of service,

15 ten years of which are with the Agency, may retire, with

16 the consent of the Director, at any age and receive benefits

17 in accordance with the provisions of section 221 if the Office

18 of Personnel Management has authorized separation from

19 service voluntarily for Agency employees under section

20 8336(d)(2) of title 5, United States Code, with respect to

21 the Civil Service Retirement System or section

22 8414(b)(1)(B) of such title with respect to the Federal Em23 ployees’ Retirement System.’’.

Amend the title so as to read: ‘‘A bill to authorize

the establishment of a program under which employees of

the Central Intelligence Agency may be offered separa-
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tion 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.’’.