AMENDMENT OFFERED BY MR. COMBEST

Mr. COMBEST. Mr. Chairman, I offer an amendment.

The Clerk read as follows:

Amendment offered by Mr. COMBEST: Amend section 402 to read as follows:

SEC. 402. ELIMINATION OF DOUBLE SURCHARGE ON THE CENTRAL INTELLIGENCE AGENCY RELATING TO EMPLOYEES WHO RETIRE OR RESIGN IN FISCAL YEARS 1998 OR 1999 AND WHO RECEIVE VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

Section 2(i) of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended by adding at the end the following new sentence: `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).'.

Mr. COMBEST (during the reading). Mr. Chairman, I ask unanimous consent that the amendment be considered as read and printed in the Record.

The CHAIRMAN. Is there objection to the request of the gentleman from Texas?

There was no objection.

Mr. COMBEST. Mr. Chairman, this section corrects existing law which currently requires the CIA to make two payments, one of 9 percent, one of 15 percent, for employees who take incentivized retirement from the CIA during fiscal years 1998, 1999. The CIA is required to make the Government retirement trust fund whole for those individuals who take these incentivized retirements. In order to do so, it must reimburse the Federal Government 15 percent of the final base pay of each individual who retires. Requiring the CIA to make an additional 9 percent payment becomes a penalty.

Section 403 eliminates the double surcharge. This amendment is identical to one offered by the gentleman from Florida [Mr. Mica], chairman of the Subcommittee on Civil Service. It is my understanding that Mr. Dicks has no objections.

Mr. DICKS. Mr. Chairman, I move to strike the requisite number of words.

Mr. Chairman, the amendment makes clear that what we were trying to do in the bill was ensure CIA makes only one payment and not two, to the civil service retirement and disability fund for those agency employees who take an early retirement or resign and receive separation incentives in fiscal year 1998 and 1999.

The CIA was required to make these payments under both amendments to the CIA Voluntary Separation Pay Act enacted last year and the Federal Workforce Restructuring Act of 1994. It was never intended that the CIA would have to pay 24 percent for employees leaving the agency under its separation incentive program.

The amendment clarifies that the required 15-percent payment to the fund under the CIA Voluntary Separation Pay Act is in lieu of the 9-percent payment required under the Federal Workforce Restructuring Act. Thus we would be happy to accept it on our side and urge the committee to pass it.

The CHAIRMAN. The question is on the amendment offered by the gentleman from Texas [Mr. Combest].

The amendment was agreed to.

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