Calendar No. 73

103D CONGRESS

1ST SESSION H. R. 1723

AN ACT

To authorize the establishment of a program under

or other similar action, and for other purposes.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 25 (legislative day, APRIL 19), 1993

Received; read twice and placed on the calendar
II

Calendar No. 73

103D CONGRESS

1ST SESSION H. R. 1723

IN THE SENATE OF THE UNITED STATES

MAY 25 (legislative day, APRIL 19), 1993

Received; read twice and placed on the calendar

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.

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

2 Central Intelligence; and

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

4 the Central Intelligence Agency, serving under an

5 appointment without time limitation, who has been

6 currently employed for a continuous period of at

7 least 12 months, except that such term does not in8 clude—

9 (A) a reemployed annuitant under sub10 chapter III of chapter 83 or chapter 84 of title

11 5, United States Code, or another retirement

12 system for employees of the Government; or

13 (B) an employee having a disability on the

14 basis of which such employee is or would be eli15 gible for disability retirement under any of the

16 retirement systems referred to in subparagraph

17 (A).

18 (b) ESTABLISHMENT OF PROGRAM.—In order to

19 avoid or minimize the need for involuntary separations due

20 to downsizing, reorganization, transfer of function, or

21 other similar action, the Director may establish a program

22 under which employees may be offered separation pay to

23 separate from service voluntarily (whether by retirement

24 or resignation). An employee who receives separation pay

25 under such program may not be reemployed by the Central
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1 Intelligence Agency for the 12-month period beginning on

2 the effective date of the employee’s separation.

3 (c) BAR ON CERTAIN EMPLOYMENT.—

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

5 from service under this section unless the employee

6 agrees that the employee will not—

7 (A) act as agent or attorney for, or other8 wise represent, any other person (except the

9 United States) in any formal or informal ap10 pearance before, or, with the intent to influence,

11 make any oral or written communication on be12 half of any other person (except the United

13 States) to the Central Intelligence Agency; or

14 (B) participate in any manner in the

15 award, modification, extension, or performance

16 of any contract for property or services with the

17 Central Intelligence Agency,

18 during the 12-month period beginning on the effec19 tive date of the employee’s separation from service.

20 (2) PENALTY.—An employee who violates an

21 agreement under this subsection shall be liable to

22 the United States in the amount of the separation

23 pay paid to the employee pursuant to this section

24 times the proportion of the 12-month period during
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1 which the employee was in violation of the agree2 ment.

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

4 pay may be offered only—

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

6 (2) to employees within such occupational

7 groups or geographic locations, or subject to such

8 other similar limitations or conditions, as the Direc9 tor may require.

10 (e) AMOUNT AND TREATMENT FOR OTHER PUR11 POSES.—Such separation pay—

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

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

14 (A) an amount equal to the amount the

15 employee would be entitled to receive under sec16 tion 5595(c) of title 5, United States Code, if

17 the employee were entitled to payment under

18 such section; or

19 (B) $25,000;

20 (3) shall not be a basis for payment, and shall

21 not be included in the computation, of any other

22 type of Government benefit; and

23 (4) shall not be taken into account for the pur24 pose of determining the amount of any severance

25 pay to which an individual may be entitled under
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1 section 5595 of title 5, United States Code, based on

2 any other separation.

3 (f) TERMINATION.—No amount shall be payable

4 under this section based on any separation occurring after

5 September 30, 1997.

6 (g) REGULATIONS.—The Director shall prescribe

7 such regulations as may be necessary to carry out this

8 section.

9 (h) REPORTING REQUIREMENTS.—

10 (1) OFFERING NOTIFICATION.—The Director

11 may not make an offering of voluntary separation

12 pay pursuant to this section until 30 days after sub13 mitting to the Permanent Select Committee on Intel14 ligence of the House of Representatives and the Se15 lect Committee on Intelligence of the Senate a re16 port describing the occupational groups or geo17 graphic locations, or other similar limitations or con18 ditions, required by the Director under subsection

19 (d).

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

21 the fiscal years 1993 through 1997, the Director

22 shall submit to the President and the Permanent Se23 lect Committee on Intelligence of the House of Rep24 resentatives and the Select Committee on Intel-
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1 ligence of the Senate a report on the effectiveness

2 and costs of carrying out this section.

3 SEC. 3. EARLY RETIREMENT FOR CIARDS AND FERS SPE4 CIAL PARTICIPANTS.

5 Section 233 of the Central Intelligence Agency Re6 tirement Act (50 U.S.C. 2053) is amended—

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

8 and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(b) A participant who has at least 25 years of serv12 ice, ten years of which are with the Agency, may retire,

13 with the consent of the Director, at any age and receive

14 benefits in accordance with the provisions of section 221

15 if the Office of Personnel Management has authorized sep16 aration from service voluntarily for Agency employees

17 under section 8336(d)(2) of title 5, United States Code,

18 with respect to the Civil Service Retirement System or sec19 tion 8414(b)(1)(B) of such title with respect to the Fed20 eral Employees’ Retirement System.’’.

Passed the House of Representatives May 24, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.