Calendar No. 73
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 sepa-
rate 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.
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 volun-
tarily to avoid or minimize the need for involuntary sepa-
rations due to downsizing, reorganization, transfer of
function, or other similar action, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 in-
clude—
(A) a reemployed annuitant under sub-
chapter 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 eli-
gible 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 other-
wise represent, any other person (except the
United States) in any formal or informal ap-
pearance before, or, with the intent to influence,
make any oral or written communication on be-
half 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 effec-
tive 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 agree-
ment.
(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 Direc-
tor may require.
(e) AMOUNT AND TREATMENT FOR OTHER PUR-
POSES.—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 sec-
tion 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 pur-
pose 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 sub-
mitting to the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate a re-
port describing the occupational groups or geo-
graphic locations, or other similar limitations or con-
ditions, 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 Se-
lect Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intel-
ligence of the Senate a report on the effectiveness
and costs of carrying out this section.
SEC. 3. EARLY RETIREMENT FOR CIARDS AND FERS SPE-
CIAL PARTICIPANTS.
Section 233 of the Central Intelligence Agency Re-
tirement 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 sub-
section:
‘‘(b) A participant who has at least 25 years of serv-
ice, 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 sep-
aration 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 sec-
tion 8414(b)(1)(B) of such title with respect to the Fed-
eral Employees’ Retirement System.’’.
Passed the House of Representatives May 24, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.