CENTRAL INTELLIGENCE AGENCY VOLUNTARY

SEPARATION PAY ACT

(Public Law 103-36; 107 Stat. 104; approved June 8, 1993)

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. [50 U.S.C. 2001 nt] SHORT TITLE.

This Act may be cited as the "Central Intelligence Agency Voluntary Separation Pay Act".

SEC. 2. [50 U.S.C. 403-4 nt] 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. An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce Restructuring Act of 1994 and accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the

Central Intelligence Agency. If the employment is with an Execu tive agency (as defined by section 105 of title 5, United States Code), the Director of the Office of Personnel Management may, a the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qual fied applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the ap pointing official may waive the repayment if the individual ir volved possesses unique abilities and is the only qualified applican: available for the position. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.

(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 geo- i graphic 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 indi

vidual 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, 2005. (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.

(i) REMITTANCE OF FUNDS.-The Director shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund (in addition to any other payments which the Director is required to make under subchapter III of chapter 83 and subchapter II of chapter 84 of title 5, United States Code), an amount equal to 15 percent of the final basic pay of each employee who, in fiscal year 1998, 1999, 2000, 2001, 2002, 2003, 2004, or 2005, retires voluntarily under section 8336, 8412, or 8414 of such title or resigns and to whom a voluntary separation incentive payment has been or is to be paid under this section. The remittance required by this subsection shall be in lieu of any remittance required by section 4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).

SEC. 3. EARLY RETIREMENT FOR CIARDS AND FERS SPECIAL PAR

TICIPANTS.

[Section 3 amended section 233 of the Central Intelligence Agency Retirement Act by designating existing text as subsection (a) and adding at the end a new subsection (b).]

B. NATIONAL SECURITY AGENCY

NATIONAL SECURITY AGENCY ACT OF 1959

(Public Law 86-36; 73 Stat. 63; approved May 29, 1959; 50 U.S.C. 402 note) AN ACT To provide certain administrative authorities for the National Security Agency, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Security Agency Act of 1959".

SEC. 2. [Section 2 was repealed by section 1633(b)(1) of P.L. 104-201 (September 23, 1996, 110 Stat. 2751).]

SEC. 3. [Section 3 consisted of amendments to section 1581(a) of title 10, United States Code.]

SEC. 4. [Section 4 was repealed by section 1633(b)(1) of P.L. 104-201 (September 23, 1996, 110 Stat. 2751).]

SEC. 5. Officers and employees of the National Security Agency who are citizens or nationals of the United States may be granted additional compensation, in accordance with regulations which shall be prescribed by the Secretary of Defense, not in excess of additional compensation authorized by section 207 of the Independent Offices Appropriation Act, 1949, as amended (5 U.S.C. 118h), 1 for employees whose rates of basic compensation are fixed by statute.

SEC. 6. (a) Except as provided in subsection (b) of this section, nothing in this Act or any other law (including, but not limited to, the first section and section 2 of the Act of August 28, 1935 (5 U.S.C. 654)2) shall be construed to require the disclosure of the organization or any function of the National Security Agency, of any information with respect to the activities thereof, or of the names, titles, salaries, or number of the persons employed by such agency.

(b) The reporting requirements of section 1582 of title 10, United States Code, shall apply to positions established in the National Security Agency in the manner provided by section 4 of this Act.

SEC. 7. [Section 7 was repealed by section 8(a) of Public Law 89-554 (September 6, 1966, 80 Stat. 660).]

SEC. 8. The foregoing provisions of this Act shall take effect on the first day of the first pay period which begins later than the thirtieth day following the date of enactment of this Act.

SEC. 9. (a) Notwithstanding section 322 of the Act of June 30, 1932 (40 U.S.C. 278a), section 5536 of title 5, United States Code, and section 2675 of title 10, United States Code, the Director of the

'The Independent Offices Appropriation Act, 1949, was repealed by the law enacting title 5, United States Code (Public Law 89-554, Sept 6, 1966, 80 Stat. 378). Section 207 of that Act was codified as section 5941 of title 5, United States Code.

2 Repealed by section 101 of Public Law 86-626 (July 12, 1960, 74 Stat. 427).