H. R. 1723

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

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 influ-
H. R. 1723—2

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, 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.
H. R. 1723—3

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.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.