[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.''.
