Central Intelligence Agency Voluntary Separation Pay Act (1993)

[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 1723 Enrolled Bill (ENR)]

        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 influence, 
        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.
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.''.