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 volun-
tarily 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 Intel-
ligence; 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 continu-
ous 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 Govern-
ment; 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 mini-
mize the need for involuntary separations due to downsizing, reorga-
nization, 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 effec-
tive 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, modifica-
tion, 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 sec-
tion based on any separation occurring after September 30, 1997.
(g) REGULATIONS.—The Director shall prescribe such regula-
tions 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 Commit-
tee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate a report describ-
ing 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 Intel-
ligence 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 Manage-
ment 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.