CONGRESSIONAL RECORD-HOUSE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-03721A000100050016-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 12, 2016
• Document Release Date: February 12, 2002
• Sequence Number: 16
• Content Type: REPORT

Approved For Release 2002/03/20 : CIA-RDP78-03721A000100050016-7
TAB
Approved For Release 2002/03/20 : CIA-RDP78-03721A000100050016-7
 A lma "ad FgY 8ak ei 2 ?Q FUL20 ?CIA-R P78 0! 1A0. 001$x.
CONGRESSIONAL RECORD -- HOUSE October 1
aid authorization bill to conference. I
did that for the simple purpose-and
without apology-of assuring debate that
would. direct attention of the Members
of the House to this shameful situation,
and to point out as a result of the Senate
substitute for the so-called Dirksen
amendment relating to legislative appor-
tionment we have now In this bill a pro-
vision which underwrites the June 15
Supreme Court decisions and under-
writes the authority of the courts to sus-
pend elections.
I think it is time to stop that kind of
legislating and go home.
THE NEW HAVEN RAILROAD
(Mr. REID of New York asked and was
given permission to address the House for
1 minute and to revise and extend his
remarks.)
Mr. REID of New York.. Mr. Speaker,
along with my colleague, the gentleman
from Connecticut (Mr. SISAL], I would
call to your attention and to the atten-
tion of the Members of the House the
deteriorating situation facing the New
(H.R. 8427) to provide for the establish-
ment and maintenance of a Central In-
telligence Agency retirement and dis-
ability system for a limited number of
employees, and for other purposes. with
a Senate amendment thereto. and concur,.,
in the Senate amendment.
The Cleric read the title of the bill.
The Clerk read the Senate amendment,
as follows:
Strike out all after the enacting clause and
insert:
"TITLE r--TITLE AND DIIRN7170N8
"Part A-Title
"8zc. 101. This Act may be cited as the
'Central Intelligence Agency Retirement Act
of 1064 for Certain Employees.'
"Part B-Definitions
"SEC. 111. When used in this Act, the
term-
"(1) 'Agency' means the Central Intelli-
gence Agency;
"(2) Director' means the Director of Cen-
tral Intelligence; and
"(3) 'Qualifying service' means service
performed as a participant in the system or,
In the case of service prior to designation,
service determined by the Director to have
been performed in carrying out duties de-
Haven Railroad. Should this railroad Scribed in section 203. .
fail, many businesses in New York. West- "TITLE n-ms CENTRAL INTELLIGENCE AGENCY
chester, and throughout New England RSI' REMENT AND DISADILXTT SYSTEM
would be seriously affected. It Is essen- "Part A-Establishment of system
tial that the vital commuter services be "Rules and Regulations
maintained. In my judgment, this is a "8w.201. (a) The Director may prescribe
matter of concern that should engage the rules and regulations for the establishment
attention of Members of this House, of and maintenance of a Central Intelligence
the regulatory agencies involved, and of Agency Retirement and Disability System'
the State and county governments of for a limited number of employees, referred
both New York and Connecticut. It is to hereafter as the system; such rules and
regulations important that the railroad problem in the chairman n and and ranking ng after minority y members
the Northeast be recognized and that of the Armed Services Committees of the
both short- and long-term solutions be House and Senate.
worked out specifically and promptly in "(b) The Director shall administer the
.the public interest. system in accordance with such rules and
Time is running out on the New Haven regulations and with the principles estab-
Ifuh"a -.,, +1,1- A,..
&&A.u aa.cac w .."e- .... r?vr- ?+??V? ?-r,-?- "(c) In the interests of the security of the
priate action at both the State and Fed- foreign intelligence activities of the United
eral levels to insure its continuance. States and in order further to implement the
ELMER LEVY .
Mr. ASHMORE. Mr. Speaker, I ask
unanimous consent to take from the
Speaker's desk the bill (H.R. 9976) for
the relief of Elmer Levy? with a Senate
amendment thereto, and concur in the
Senate amendment.
The Clerk read the title of the bill.
The Clerk read the Senate amendment,
as follows;
Page 2, line 7, strike out "20" and insert
.,10".
The SPEAKER. Is there objection to
the request of the gentleman from South
Carolina?
There was no objection,
The Senate amendment was con-
curred In.
A m
table. tfon to reconsider was laid on the
c
O Ott era a. years of service with the Agency and whdise a p on ' I an a
Speaker, I ask unanimous consent to career at that time is adjudged by the Di- "Sac. 221. (a) The annuity of a participant
take from the Speaker's desk the' bill rector to be qualifying for the system may shall be equal to 2 per centum of his aver-
NANCE OF A CENTRAL INTELLI from normal government employment, here- right to the benefits to which he shall be en-
OENCE RETIREMENT AND DIS- after referred to as participants, who shall titled under this Act, notwithstanding any
bo t t e law, rule, or regulation affecting the in-
ABILITY, 8YS roved For Relea;,,~,y l:Mfi i ff[ f`~AAG10i4~??1 : 16-7
Mr RIVERS P S th C lira Mr "P rt C- Coral ufatt nuitt
elect to remain a participant of such system
for the duration of his employment by the
Agency and such election shall not be sub-
ject to review or approval by the Director.
"Annuitants
"8w.204. (a) Annuitants shall be par-
ticipants who are receiving annuities from
the fund and all ppeersons, including surviv-
ing wives and husbands, widows, dependent
widowers, children, and beneficiaries of par-
ticipanta or annuitants who shall become
entitled to receive annuities in accordance
with the provisions of this Act.
"(b) When used In this Act the term-
"(1) 'Widow' means the surviving wife of
a participant who was married to such par-
ticipant for at least two years Immediately
preceding his death or Is the mother of Issue
by marriage to the participant.
"(2) 'Dependent, widower' means the sur-
viving husband of a participant who was
married to such participant for at least two
years Immediately preceding her death or Is
the father of issue by marriage to the par-
ticipant, and who Is incapable of self-sup-
port by reason of mental or physical dis-
ability, and who received more than one-half
of his support from such participant.
"(3) 'child', for the purposes of sections
221 and 232 of this Act, means an unmarried
child, Including (1) an adopted child, and
(11) a stepchild or recognized natural child
who received more, than one-half of his sup-
port from and lived with the participant in
a regular parent-child relationship, under the
age of eighteen yenrs, or such unmarried child
regardless of age who because of physical or
mental disability incurred before age
eighteen is incapable of self-support or such
unmarried child between eighteen and
twenty-ono years of age who is a student
regularly pursuing a full-time course or study
or training in residence In a high school,
trade school, technical or vocational Institute,
junior college, college, university, or com-
parable recognized educational institution.
A child whose twenty-first birthday occurs
prior to July 1 or after August 31 of any
calendar year, and while he Is regularly pur-
suing such a course of study or training, shall
be deemed for the purposes of this paragraph
and section 221(e) of this Act to have at-
tained the ago of twenty-one on the first
day of July following such birthday. A child
who is a student shall not be deemed to have
ceased to be a student during any Interim
between school years if the Interim does not
exceed four months and If he shows to the
satisfaction of the Director that he has a
bona fide intention of continuing to pursue
a course of study or training in the same or
different school during the school semester
(or other period Into which the school year
is divided) immediately following the in-
terim.
"PART D--COMPULSORY CONTRIBUTIONS
"Szc. 211. (a) Six and one-half per centum
of the basic salary received by each partici-
pant shall be contributed to the fund for the
payment of annuities, cash benefits, refunds
and allowances. An equal sum shall also be
contributed from the respective appropria-
tion or fund which Is used for payment of his
salary. The amounts deducted and with-
held from basic salary together with the
amounts so contributed from the appropria-
tion or fund shall be deposited by the Agency
to the credit of the fund.
"(b) Each participant shall be deemed to
consent and agree to such deductions from
basic salary, and payment less Such deduc-
tione shall be a full and sompiets dimbwge
activities abroad hazardous to life or health and acquittance or all claims and demands
?^+.c::- c?-+..
~or (11) so specialized because of security re- whatsoever for all regular services during the
ESTA13LISHMENT AND MAINU - quirements as to be clearly distinguishable period covered by such payment, except the
proviso of section 102(d) (3) of the National
Security Act of 1047, as amended (50 U.S.C.
403(d) (9) ). that the Director of Central In-
telligence shall be responsible for protecting
intelligence sources and methods from un-
authorized disclosure, and notwithstanding
the provisions of the Administrative Proce-
dure Act (5 U.S.C. 1001 et seq.) or any other
provisions of law, any determinations by
the Director authorized by the provisions of
this Act shall be deemed to be final and con-
clusive and not subject to review by any
court.
"Establishment and maintenance of fund
"SEO.202. There is hereby created a fund
to be known as the Central Intelligence
Agency Retirement and Disability Fund
which shall be maintained by the Director.
The Central Intelligence Agency Retire-
ment and Disability Fund is referred to
hereafter as the fund.
"Participants
"SEc.203. The Director may designate
from time to time such Agency officers and
employees whose duties are determined by
 19641- _- ` CONGRESSIONAL RECORD - HOUSE
age basic salary for the highest Ave consecu-
tive years of service, for which full contribu-
tions have been made to the fund, multiplied
by the number of years, not exceeding thirty-
Iive, of service credit obtained In accordance
with the provisions of sections 261 and 252.
Ia determining the aggregate period of sorv.
ire upon which the annuity is to be based,
the fractional part of a month, If any, shall
not be counted.
"(b) At the time of retirement, any mar-
ried participant may elect to receive a re-
duced annuity and to provide for an annuity
payable to his wife or her husband, com-
mencing on the data following such par-
ticipant's death and terminating upon the
death or remarriage of such surviving wife or
husband. The annuity payable to the surviv-
ing wife or husband after such participant's
death shall be 66 per contum of the:amount
of the participant's annuity computed as
prescribed in paragraph (a) of this section,
up to the full amount of such annuity spec-
Vied by him as the base for the survivor
benefits. The annuity of, the participant
making such election shall be reduced by 21/2
per centum of any amount up to 83,600 he
specified as the base for the survivor benefit
plus 10 per contum of any amount over
$3,000 so specified.
"(c)(1) If an Annuitant dies and is sur-
vived by a wife or husband and by a child or
children, In Addition to the annuity payable
to the surviving wife or husband, there shall
be paid to or on behalf of each child an an-
n.ulty equal to the smallest of: (1) 40 per
ary, as determined under paragraph (a) of
this section. divided by the number of chil-
(Iran: (ii) $000: or fill) 41.800 divided by the
"(2) It an annuitant dies and is not sur-
vived by a wife or husband but by a child or
children, each surviving child shall be paid
on Annuity equal to the smallest of., (1) 50
per contum of the annuitant's average basic
salary,, as determined under paragraph (a)
of this section, divided by the number of
children; (ii) $720; or (lil) $2,160 divided by
the number of children.
"(d) If a surviving wife or husband dies or
the annuity of a child is' terminated, the
annuities of any remaining children shall be
recomputed and paid as though such wife.
husband, or child had not survived the par-
ticipant.
"(e) The annuity payable to a child under
paragraph (o) or (d) of this section shall
begin on the day after the participant dies,
and such Annuity or any right thereto shall
terminate on the last day of the month be-
fore (1) his attaining ago eighteen unless
iacapable of self-support. (2) his becoming
capable of self-support after age eighteen, (3)
his marriage, or (4) his death, except that
the Annuity of a child who Is a student as
described in section 204(b) (3) of this Act
shall terminate on the last day of the month
before (1) his marriage, (2) his death, (3)
l'As ceasing to be such a student, or, (4) his
Attaining ago twenty-one.
"(f) Any unmarried participant retiring
under the provisions of this Act and found
by the Director to be in good health may
at the time of retirement elect a reduced
nnnulty, in lieu of the annuity as heroln-
before provided, And designate In writing a
person having an Insurable Interest (as that
term is used in section ON of the Civil
iicrvico Retirement Act (5 U.S.C. 2259(h)))
Ia the participant to receive an annuity after
the participant's death. The annuity pay-
nbio to the partidipAflt making such election
nhall be reduced by 10 per eent%IM of an alp
r,ulty computed as provided in paragraph (a)
of this section, and by 5 per centum of an
annuity so computed for each full five years
the person designated is younger than the
participant, but such total reduction shall
not exceed 40 per contuf
n survivor designated unR f
shall be 65 per contum of the reduced
computed as prescribed above. The
annuity payable to a beneficiary under the
provisions of this paragraph shall begin on
the first day of the next month after the par-
ticipant dies. Upon the death of the sur-
viving beneficiary all payments shall cease
and no further annuity payments authorized
under this paragraph shall be due or pay-
able.
"Part D-Benefits accruing to certain
participants
"Retirement for Disability or Incapacity-
Medical Examination-Recovery
"Sac. 231. (a) Any participant who has five
years of service credit toward retirement un-
der the system, excluding military or naval
service that is credited in accordance with
provisions of section 251 or 252(a) (2). and
who betimes tothlly disabled or incapacitated
for useful and eMolent service by reason of
disease, Illness, or injury not due to vicious
habits, intemperance, or willful misconduct
on his part, shall, upon his own application
,or upon order of the Director, be retired on
an annuity computed as prescribed in section
221. If the disabled or incapacitated par-
ticipant is under sixty and has less than
twenty years of service credit toward his
retirement under the system at the time he
is retired, his annuity shall be computed on
the assumption that he has had twenty
years of service, but the additional service
credit that may accrue to a participant under
this provision shall in no case exceed the
difference between his age at the time of
retirement and age sixty, but this provision
shall not increase the annuity of any sur-
vivor.
"(b) In each case, the participant shall be
given a medical examination by one or more
duly qualified physicians or surgeons desig-
nated by the Director to conduct examina-
tions, and disability shall be determined by
the Director on the basis of the advice of
such physicians or surgeons. Unless the dis-
ability Is permanent, like examinations shall
be made annually until the annuitant has
reached the statutory mandatory retirement
ago for his grade as provided in section 235.
If the Director determines on the basis .of
the advice of one or more duly qualified
physicians or surgeons conducting such
examinations that an annuitant has re-
covered to the extent that he can return to
duty, the annuitant may apply for reinstate-
ment or reappointment in the Agency within
one year from the date his recovery is deter-
mined. Upon application the Director may
reinstate any such recovered disability an-
nuitant In the grade In which he was serv-
ing at time of retirement, or the Director
may, taking into consideration the age,
qualifications, and experience of such annul-
tant, and the present grade of his contem-
poraries in the Agency, appoint him to a
grade higher than the one In which he was
serving prior to retirement. Payment of the
annuity shall continue until a date six
months after the date of the examination
showing recovery or until the date of rein-
statement or reappointment in the Agency,
whichever is earlier. Fees for examinations
under this provision, together with reason-
able traveling and other expenses incurred in
order to submit to examination, shall be paid
out of the fund. If the annuitant fails to
submit to examination as required under
this section, payment of the annuity shall
be suspended until continuance of the disa-
bility is satisfactorily established.
?'(a) If a recovered dlsabilit annuitant
whose annuity to disoontintlst is for any
reason not reinstated or reappointed in the
Agency, he shall be considered to have been
separated within the meaning of paragraphs
(a) and (b) of section 284 as of the date
he was retired for disability and he shall,
f , ~~: ~ e r io1 uu4fl`bisi uu Wt' ved by
U of a wife
i to he ens n at
section or of section 241(a) except that he or a husband and a child or children, each
surviving child shall be entitled to an an-
22613
may elect voluntary retirement in accord-
ance with the provisions of section 233 if he
can qualify under its provisions.
"(d) No participant shall be entitled to
receive an annuity under this Act and com-
pensation for Injury or disability to himself
under the Federpl Employees' Compensation
Act of September 7, 1019, as amended (8
V.S.O. 781 at sell.). covering the same period
of time. This provision shall not bar the
right of any claimant to the greater benefit
conferred by either Act for Any part of the
same period of time. Neither this provision
nor any provision of the said Act of Sep-
tember 7, 1916, as Amended, shall. be so con-
strued as to deny the right of any participant
to receive An annuity under this Act by
reason of his own services and to receive
concurrently any payment under such Act
of September 7. 1016. as amended, by reason
of the death of any other person.
"(e) Nothwithetanding any provision of
law to the contrary, the right of any person
entitled to an annuity under this Act shall
not be affected because such person has re-
calved an award of compensation in a lump
sum under section 14 of the Federal Em-
ployees' Compensation Act of September 7,
1016. as amended (5 U.S.C. 764), except that
where such annuity is payable on account of
the same disability for which compensation
under such section has been paid, so much
of such compensation as has been paid for
any period extended beyond the data such
annuity becomes effective, as determined by
the Secretary of Labor, shall be refunded to
the Department of Labor, to be paid into the
Federal employees' compensation fund. Be-
fore, such person shall receive such annuity
he shall (1) refund to the Department of
Labor the amount representing such com-
muted payments for such extended period,
or (2) authorize the deduction of such
amount from the Annuity payable to him
under this Act, which amount shall be trans-
mitted to such Department for reimburse-
ment to such fund. Deductions from such
annuity may be made from accrued and
Accruing payments, or may be prorated
against and paid from accruing payments in
such manner as the Secretary of Labor shall
determine, whenever he finds that the fi-
nancial circumstances of the annuitant are
such as to warrant such deferred refunding.
"Death in Service
"SEc. 232. (a) In case a participant dies
and no claim for annuity is payable under
the provisions of this Act, his contributions
to the fund, with Interest at the rates pro-
scribed in sections 241(a) and 261(a), shall
be paid in the order of precedence shown in
section 241(b).
"(b) It a participant, who has at least five
years of service credit toward retirement
under the system, excluding military or
naval service that is credited in accordance
with the provisions of section 261 or 252(a)
(2), dies before separation or retirement
from the Agency and is survived by a widow
or a dependent widower, as defined, In sec-
tion 204, such widow or dependent widower
shall be entitled to an annuity equal to 56
per centum of the annuity computed In
accordance with the provisions of section
221(a). The,annuity of such widow or de-
pendent widower shall commence on the'
data following death of the participant and
shall terminate upon death or remarriage of
the widow or dependent widower, or upon
the dependent widower's becoming capable
of soar-support.
I'(*) If a participant who has at least Avg
years of service credit toward retirement
under the system, excluding military or
naval service that is credited in accordance
with the provisions of section 261 or 252
 22614 CONGRESSIONAL RECORD -HOUSE
O t ber 1
nulty computed In accordance with the pro- be in the public interest, he may extend service in the Army, Navy, Air Force, Ma-
visions of section 221(c) (1). The child's such participaant'a service for a period not to rine Corps, or Coast Guard of the United
annuity shall begin and be terminated in exceed live years. A participant separated States.
accordance with the proivslons of section under the provisions of this section who has "Prior Service Credit
221(e). Upon the death of the surviving completed live years of Agency aet-vice shall "Ssc. 252. (a) A participant may, subject
wife or husband or termination of the an- receive retirement benefits In accordance to the provisions of this section, include in
nui.ty of a child, the annuities of any re- with the provisions of section 221 of this his period of service--
malning children shall be recomputed and Act. "(I) civilian service in the executive, Judi-
,paid as though such wife or husband or. "Limitation on Number of itetiromente Dial, and legislative branches of the Federal
child had not survived the participant. "Sac. 238. The number of participants re- Government and In the District of Colum-
"(d) If a participant Who has at least five tiring on an annuity pursuant to sections bin government, prior to becoming a par-
years of service credit toward retirement 233, 234, and 235 of this Act shall not exceed tlcipant, and
under the system, excluding military or a total of four hundred during the period "(2) active and honorable military or na-
naval service that is credited In accordance ending on June 30, 1989, nor a total of four vat service In the Army. Navy, Air Force, Ma-
with the provisions of .section 251 or 252 hundred during the period beginning on rino Corps, or Coast Guard of the United
(a) (2), dies before separation or retirement July 1, 1969, and ending on June 30, 1974. States prior to the date of the separation
from the Agency and Is not survived by a ?part 1s--Disposition of contributions and upon which title to annuity Is based.
wife or husband, but by a child or children, interest in excess of benefits received (b) A participant may obtain prior civil-
each surviving child shall be entitled to an Ian service credit in accordance with the
annuity computed in accordance with the "8rc. 241. (a) Whenever a participant be- provisions of paragraph (a) (1) of this see-
provisions of section 221(a) (2). The child's comes separated from the Agency without tion by making a special contribution to tho
annuity shall begin and terminate in accord- becoming eligible for an annuity or a de- fund equal to the percentage of his baste
anco with the provisions of section 221(e). ferred annuity In accordance with the pro- annual salary ;tor each year of service for
Upon termination of the annuity of a child, visions of this Act, the total amount of con- which credit is sought specified with respect
the annuities of any remaining children tributions from his salary with Interest to such year in the table relating to em-
shall be recomputed and paid as though thereon at 4 per centum per annum to De- ployees contained in section 4(c) of the Civil
that child had never been entitled to the comber 31, 1947, and 3 per centum per Service Retirement Act (5 U.S.C. 2264(c)).
bonoflt. annum thereafter compounded annually to together with Interest computed as provided
"Voluntary Retirement December 31, 1950 (or, In the case of a par- In section 4(e) of such Act (5 U.8.C. 2254
"Sx:a. 233. Any participant in the system ticipant st separated ffive rom the genccyrvafore (a)). Any such participant may, under such
Is at least fifty years rs Of ago and has conditions as may be determined In each In-
who
who I y fiftys a of.service Of may d his the date of separation) and proportionately stance by the Director, pay such spectral con-
rendered twenty and with the consent on the for the period served during the year of tributione in installments.
own Agency and roe separation including all contributions made "(0)(1) If an officer or employee under
Director be, tfrom the Dire or benefits retired t accordance with the pro- during or for such period, except as provided some other Government retirement system
oolve of section 221 provided he he not section 281. shall be returned to him. becomes a participant In the system by di-
visions
less, than ton nears or provided with the "(b) In the event that the total contribu- ? rect transfer, such officer or employee's total
inter-
Agency of which at least five shall have tions of a retired participant, other than vol- contributions and deposits. Including inter-
Aen qualifying service. untary contributions made in accordance eat accrued thereon, eaccept voluntary con-
with the provisions of section 281, with In, tributions, shall be transferred to the fund
"Discontinued Service Benefits terest at the rates provided In paragraph (a) _ effective as of the dote such officer or em-
"Sze. 234. (a) Any participant who sepa- of this section added thereto, exceed the ployee becomes a participant in the system.
rates from the Agency after having per.. 'total amount returned to such participant or Each such officer or employee shall be deemed
formed not loss than five, years of service to an annuitant claiming through him, in to consent to the transfer of such funds and
with the Agency, may, upon separation from the form of annuities, the excess of the ao- such transfer shall be a complete discharge
the Agency or at any time prior to becoming cumulated contributions over the accumu- and acquittance of all claims and demands
eligible for an annuity, elect to have his fated annuity payments shall be paid in the against the other Government retirement
contributions to the fund returned to him following order of precedence, upon the es- fund on account of service rendered prior
In accordance with the provisions of section tablishment of a valid claim therefor, and to becoming a participant in the system.
241, or (except in cases where the Director such payment shall be a bar to recovery by "(2) No participant. whose contributions
determines that -separation was based in any other person: are transferred to the fund In accordance
whole or In part on the ground of disloyalty "(1) To the beneficiary or beneficiaries des- with the provisions of paragraph (c) (1) of
to the United States) to leave his contribu- lgnated by such participants in writing to this section, shall be required to make con-
tions in the fund and receive an annuity, the Director; tributions In addition to those transferred
computed as prescribed in section 221, com- "(2) If there be no such beneficiary to the for periods of service for which full contribu-
meneing at the ago of sixty-two years. surviving wife or husband "of such partict- tions were made to the other Government re-
"(b) If a participant who has qualified pant; tirement fund, nor shall any refund be made
in accordance with the provisions. of porn- (3) If none of the above, to the child or to any such participant on account of con-
graph (a) of this section to receive a de- children of such participant and descendants tributions made during any period to the
ferred annuity commencing at the age of of deceased children by representation; other Government retirement fund at a
sixty-two dies before reaching the age of "(4) If none of the above, to the parents higher rate than that fixed for employees by
atxty-two his contributions to the fund, with of such participants or the survivor of them; section 4(c) of the Civil Service Retirement
interest, shall be paid In accordance with "(5) If none of the above, to the duly ap- Act (5 U.S.C. 2254(c)) for contributions to
the provisions of sections 241 and 281. pointed executor'or administrator of the es- the fund.
"Mandatory Retirement tate of such participant; "(3) No participant, whose contributions
Director may in his "(8) If none of the above, to other next are transferred to, the fund In accordance,
any par- of kin of such participant as may be deter- with the provisions of paragraph (c) (1) of
"Ste. discretion 235. . ( (aa) In The retired Director
tics nt who cos nomfeted at iciest twenty- mined by the Director in his judgment to this section. shall receive credit for periods
pa p be legally entitled thereto. Of service for which a refund of contribu-
five years of service, or who to at least fifty
years of are and d ',has completed "(c) No payments shall be made pursuant tions has bean made, or for which no con-
twenty years of service. provided ideat such least t to paragraph (b) (6) of this section until tributions were made to the other Govern-
twen
tloi nt has not leas than ton ears of sere- after the expiration of thirty days from the moat retirement fund. A participant may,
y death of the retired participant or his sur- however, obtain credit for such prior service
ice with the Agency f which at least five viving annuitant. by making a Special contribution to the fund
shah have been qualifying service. If so
retired, such participant shall receive retire- "Part F-Period of service for annuities In graph accordance with the provisions of pare-
graph of this section,
meat benefits in accordance with the provi- "Computation of Length of Service "(d) No participant may obtain prior ci-
sions of section 221. "Ssa. 251. For the purpose of this Act, the villan service credit toward retirement under
"(b) Any participant In the system recely- period of service of a participant shall be the system for any period of civilian serv-
ing compensation at the rate of grade GS-18 computed from the date he becomes a par- Ice on the basla of which he Is receiving or
or above shall be automatically separated tleipant under the provisions of this Act, but will in the future be entitled to rccotvb any
from the Agency upon reaching the ago of all periods of separation tram tail Agettoy ahfliltty Undac anel.iter ret(reitteIII syaL5IS
sixty-live. Any participant in the system and so much of any leaves of absence witli- covering civilian personnel of the f overn-
receiving compensation at a rate less than out pay no may exceed six months In the ment,
grade 0S-18 shall be automatically sepa- aggregate in any calendar year shall be ex- "(e) A participant may obtain prior mill-
rated from the Agency upon reaching the eluded, except leaves of absence while re- tart' or naval service credit in accordance
ago of sixty, Such separation shall be of- celving benefits under the Federal Employees' With the provisions of paragraph (a) (2) of
feetivo on the last day of the month In Compensation Act of September 7. 1018 as this section by applying for it to the Diroc-
which a pnrtt">pdfp"JefOeRMaat a 20O &3A20&cCtA DI?pga9S?i AOO9tQ 5@Ot&liment or separation from
sixty-five, ass ed is section, but absence granted participants while perform- a Agency. However, in the case of a par-
whenever the Director shall determine It to Jug active and honorable military or naval ticipant who is eligible for and receives re-
 :t J. CONGRESSIONAL RECORD-HOUSE
tired pay on account of military or naval
service, the period of service upon which
such retired pay Is based shall not be In-
cluded, except that in the case of a partlcl-
pant who is eligible for and receives retired
pay on account of a service-connected dis-
ability Incurred In combat with an enemy of
the United States or caused by an Inatru-
mentality of war and Incurred. in line of
duty during a period of war (as that term
Is used In chapter 11 or title 38, United
States Code), or Is awarded under chapter
67 of title 10 of the United States Code, the
period of such military or naval service shall
be included. No contributions to the fund
shall be required in connection with mill-
1:ary or naval service credited to a participant
In accordance with the provisions of para-
graph (a) (2) of this section.
"(f) Notwithstanding any other provision
of this section or section 283 any military
service (other than military service covered
by military leave with pay) performed by a
participant after December 1960 shall be ex-
oludod in determining the aggregate period
of service upon which an annuity payable
candor this Act to such participant or to his
'widow or child to to be based. If such par-
tioipant or widow or child Is entitled (or
would upon proper application be entitled)
at the time of such determination, to month-
ly old-age or survivors' benefits under see-
?tion 202 of the Social Security Act, as amend-
id (42 U.B.C. 402), based on such partlci-
pant's wages and self-employment income.
#f In the case of the participant or widow
ouch military service is not excluded under
?tho preceding sentence, but upon attaining
ago sixty-two, he or she becomes entitled (or
would upon proper application be entitled)
to such benefits, the aggregate period of
service upon which such annuity is based
shall be redetermined, effective as of the
carat day of the month in which he or she
attains such ago, so as to exclude such sorv-
Ice.
"'Credit for Service While on Military Leave
"SEc. 263. (a) A participant who, during
,the period of any war, or of any national
emergency as proclaimed by the President
or declared by the Congress, has left or leaves
his position to enter the military service
shall not be considered, for the purposes of
this Act, as separated from his Agency post.
'Lion by reason of such military service, unless
he shall apply for and receive a refund of
contributions under this Act: Provided,
't'hat such participant shall not be considered
as retaining his Agency position beyond
:December 31. 1050, or the expiration of five
:years of such military service, whichever is
later.
"Attachment of Moneys
"SEC. 263. None of the moneys mentioned
in this Act shall be assignable either in law
or equity, or be subject to execution, levy,
attachment, garnishment, or other legal
process.
"Part H-Retired participants recalled, re-
instated, or reappointed in the Agency, or
reemployed in the Government
"Recall
"Sac. 271. (a) The Director may, with the
consent of any retired participant, recall such
particiant to duty in the Agency whenever
he shall determine such recall is In the pub-
lic Interest.
"(b) Any such participant recalled to duty
In the Agency in accordance with the provl-
alone of paragraph (a) of this section or re-
Instated or reappointed in accordance with
the provisions of section 231(b) shall, while
so serving, be entitled In lieu of his annuity
to the full salary of the grade In which he is
serving. During such service, he shall make
contributions to the fund In accordance with
the provisions of section 211. When he re-
verts to hie retired status, his annuity shall
be determined anew in accordance with the
provisions of section 221.
"Reemployment
"Sac, 272. Notwithstanding any other pro-
vialon of law, a participant retired under the
provisions of this Act shall not, by reason of
his retired status, be barred from employ.
ment In Federal Government service in any
appointive position for which he is qualified.
An annuitant so reemployed shall serve at
the will of the appointing officer.
"Reemployment Compensation
"Sac. 273. (a) Notwithstanding any other
provision of law, any annuitant who has re-
tired under this Act and who is reemployed
In the Federal Government service In any
appointive position either on a part-time or
full-time basis shall be entitled to receive
his annuty payable under this Act, but there
shall be deducted from his salary a sum
equal to the annuity allocable to the period
of actual employment.
"(b) In the event of any overpayment un-
der this section, such overpayment shall be
recovered by withholding the amount in-
volved from the salary payable to such re-
employed annuitant, or from any other
moneys, including his annuity, payable In
accordance with the provisions of this Act.
"Part I-Voluntary contributions
"See. 281. (a) Any participant may, at his
option and under such regulations as may
be prescribed by the Director, deposit addi-
tional sums in multiples of 1 per centum of
? his basic salary, but not In excess of 10 per
(b) Contributions shall not be required centum of such salary, which amounts to-
covering periods of leave of absence from the gather with Interest at 3 per centum per
.Agency granted a participant while perform- annum, compounded annually as of Decem-
Ing active military or naval service In the bar 31, and proportionately for the period
Army. Navy, Air Force, Marine Corps, or Coast served during the year of his retirement, In-
Duard of the United States, eluding all contributions made during or for
"Part G-Moncys such period, shall, at the date of his re-
"Estimate of Appropriations Needed tirement and at his election, be-
"SEC. 201. The Director shall prepare the "(1) returned to him In lump sum;
estimates of the annual appropriations re- 11(2) used to purchase an additional life
squired to be made to the fund, and shall, annuity;
cause to be made actuarial valuations of the "(3) used to purchase an additional life
hind .at intervals of five years, or oftener if annuity for himself and to provide for a
doomed necessary by him. cash payment on his death to a beneficiary
"Investment of Moneys in the Fund whose name shall be notified In writing to
"sac. 202. The Director may, with the ap- the Director by the participant; or
proval of the Secretary of the Treasury, In. "(4) used to purchase an additional life
vest from time to time In interest-bearing annuity for himself and a life annuity com-
securities of the United States such portions mencing on his death payable to a beneficiary
Df the fund as In hie judgment may not be whose name shall be notified in writing to
Immediately required for the payment of an. the Director by the particippaant with a guar- cash benefits, refunds, and allow. anteed return to the beneficiary or his iseai
ctoca; and the income derived from such in. representative of an amount equal to the
vestments shall constitute a part of much cash payment referred to in subparagraph
fund. (8) above. of the first Increase under this section, the
Approved For Release 2002/03/20 : CIA-RDP78-03721A000100050016-7
22615
"(b) The benefits provided by subpara-
graphs (2). (3). or (4) of paragraph (a) of
this section shall be actuarially equivalent
in value to the payment provided for by sub-
paragraph (a) (1) of this section and shall
be calculated upon such tables of mortality
as may be from time to time prescribed for
this purpose by the Director.
"(o) In case a participant shall become
separated from the Agency for any reason
except retirement on an annulty, the amount
of any additional deposits with interest at 3
per centum per annum,, compounded as is
provided in paragraph (a) of this section,
-made by him under the provisions of said
paragraph (a) shall be refunded in the man-
ner provided In section 241 for the return
of contributions and Interest in the case of
death or separation from the Agency.
"(d) Any benefits payable to a, participant
or to his beneficiary in respect to the addi-
tional deposits provided under this section
shall be In addition to the benefits otherwise
provided under this Act.
"Part J-Cost-o/-living adjustment of
annuities
"Sac. 291. (a) On the basis of determtna-
tions made by the Civil Service Commission
pursuant to section 18 of the Civil Service
Retirement Act, as amended, pertaining to
per centum change in the price index, the
following adjustments shall be made:
"(1) Effective April 1, 1060. If the change
in the price index from 1904 to 1986 shall
have equaled a rise of at least 8 per contum,
each annuity payable from the fund which
has a commencing date earlier than January
2. 1906, shall be Increased by the per contum
rise In the price index adjusted to the near-
est one-tenth of 1 per contum.
"(2) Effective April 1 of any year other
than 1966 after the price Index change shall
have equaled a rise of at least 3 per centum,
each annuity payable from the fund which
has a commencing date earlier than January
2 of the preceding year shall be increased by
the per centum.riso in the price Index ad-
justed to the nearest one-tenth of 1 per
centum.
"(b) Eligibility for an annuity Increase
under this motion shall be governed by the
Commencing date of each annuity payable
from the fund as of the effective date of an
increase, except as follows:
"(1) Effective from the date of the first
Increase under this section, an annuity pay-
able from the fund to an annuitant's sur-
vivor (other than a child entitled under sec-
tion 221(0)), which annuity commenced the
day after the annuitant's death, shall be In-
Creased as provided In subsection (a) (1) or
(a) (2) if the commencing date of annuity
to the annuitant was earlier than January
2 of the year preceding the first increase.
"(2) Effective from Its commencing date,"
an annuity payable from the' fund to an
annuitant's survivor (other than a child en-
titled under section 221(0)), which annuity
commences the day after the annuitant's
death and after the effective date of the first
Increase under this section, shall be Increased
by the total per centurn increase the annui-
tant was receiving under this section at
death.
"(8) For purposes of computing an annuity
which commences after the effective date of
the first Increase under this section to a
child under section 221(c), the Items $000,
$720, 11,800, and $2,160 appearing in section
221(0) shall be increased by the total per
centum Increase allowed and In force under
this section and, In case of a deceased annul-
tant, the items 40 per centum and 60 per
centum appearing in section 221(0) shall be
Increased by the total per centum increase
allowed and In force under this section to the
 22616 CONGRESSIONAL RECORD -HOUSE Oc r be.r? Y
provisions'of this paragraph shell apply as "111-1701, Retirement, resignation, and sented to the House today. This is a
if such first Increase were in effect with re-
spect to computation of a child's annuity
under section 221(c) which commenced be-
tween January 2 of the year preceding the
first Increase and the effective date of the
first increase.
"(a) No increase in annuity provided by
this section shall be computed CII any 9441-
tional annuity purchased at retirement by
voluntary contributions.
"(d) The monthly installment of annuity
after adjustment under this section shall be.
fixed at the nearest dollar."
The SPEAKER. Is there objection to
the request of the gentleman from South
Carolina?
There was no objection.
The Senate amendment was con-
curred in.
A motion to reconsider was laid on
the table.
AMENDING SECTION 5 OF THE EM-
PLOYMENT ACT OF 1946
Mr. BOLLING. Mr. Speaker, I ask
unanimous consent for the immediate
consideration of the bill (S. 3174) to
amend section 5 of the Employment Act
of 1046.
The Clerk read the title of the bill.
The SPEAKER. Is there objection to
the request of the gentleman from Mis-
souri?
There was no objection.
The Clerk read the bill, as follows:
lIe it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That sec-
tion 5'(e) of the Employment Act of 1940,
as amended (15 U.B.O. 1024: 60 Stat. 23, Pub-
lic Law 804, Seventy-ninth Congress) is
amer}ded t* read as follows:
(a) To noble the joint committee to
exercise its, powers, functions, and duties
under this Act, there are authorized to be
appropriated for each fiscal year such sums
as may be necessary, to be disbursed by the
Secretary of the Senate on vouchers signed
by the chairman or vice chairman."
The bill was ordered to be read a third
time, was read the third time, and
passed, and a motion to reconsider was
laid on the table,
recall aid bill. There are two provisions in
"(a) (1) Any judge- it which are quite controversial. One
(2) to strike out in the title of the bill Is a Senate amendment with respect to
"amend section 11 of the Act of April L 1942, the civil service status of employees of
in order to the foreign aid agency. The other is the
Mr. Mch?LLAN. Mr. Speaker, the so-called Dirksen amendment, which
purpose of this concurrent resolution is was adopted in the other body, which I
to direct the Clerk of the House to make
a technical amendment in enrolling the
bill H.R. 5871:
To amend section 11 of the act of April
1, 1942, in order to modify the retirement
benefits of the judges of the District of Co-
lumbia Court of General Sessions, the Dis-
trict of Columbia Court of Appeals, and the
Juvenile Court of the District of Columbia,
and for other purposes. N.
Two days ago, the House concurred In
the Senate amendments to H.R. 5871, but
a technical error remains therein and
should be corrected before the bill goes
to the President.
Briefly, H.R. 5871 passed the House
originally on October 14, 1963, and was
sent to the other body. Subsequently,
namely, on December 23, 1963, Public
Law 88-241 was approved which recodi-,
fled certain sections of the District of
Columbia code, including the section per-
taining to the retirement of judger},
which H.R. 5871 amends.
Properly thereafter, the other body,
when considering H.R. 5871, should have
amended the same to refer to the codified
section, and that is what the resolution
now directs the Clerk of the House to
correct.
The concurrent resolution Involves no
change whatever 'in substance.
The SPEAKER. Is there objection to
the request of the gentleman from South
Carolina?
There was no objection.
The concurrent resolution was agreed
to.
A motion to reconsider was laid on the
table.
ON H.R. 11380, TO AMEND FUR-
THER THE FOREIGN ASSISTANCE
ACT OF 1061.
Mr. SMITH of Virginia. Mr. Speaker.
by direction of the Committee on Rules,
I call up House Resolution 895 and ask
for its Immediate consideration.
The Clerk read the resolution, as fol-
lows:
Resolved, That Immediately upon the
adoption of this resolution the bill (H.R.
11380) to amend further the Foreign Assist-
ance Act of 1961, as amended, and fot'other
purposes, with the Senate amendments
thereto, be, and' the same-hereby is, taken
from the Speaker's table, to the end that the
Senate amendments be, and the Barrie arc
hereby, disagreed to and that the confer-
once requested by the Senate on the dis-
Let me say that I understood there
would be a motion to instruct the con-
ferees with respect to the first item
which I have mentioned. We had before
the Rules Committee yesterday the
chairman of the Committee on Foreign
Affairs, who gave us very definite as-
surances that the House conferees would
not agree to that in conference, and that
if it were insisted upon by the Senate
conferees the :House conferees would
bring the matter back to the House so
that the House could have a vote and
either reaffirms or not reaffirms previ-
ous action on this matter. I believe it
was rejected by the House when the bill
was passed.
I hope this meets with the approval of
the gentleman who is going to offer the
motion to instruct. It would seem to me
that would accomplish the object which
the gentleman desires to accomplish, of
giving the House the opportunity to vote
upon the matter. We have a very posi-
tive understanding with the chairman of
the Committee on Foreign Affairs that
that will be done and that the House will
be given the opport.unity,' to vote if the
conferees cannot strike it out in the con-
ference.
Mr. JOHANSEN. Mr. Speaker, will
the gentleman yield?
Mr. SMITH of Virginia. I yield to the
gentleman from Michigan.
Mr. JOHANSEN. I wish to comment
that I appreciate the assurance the gen-
tleman makes-with respect to the substi-
tute for the Dirksen amendment and
that it conforms to my understanding
and meets the purpose I had in objecting
yesterday.
Mr. SMITH of Virginia. The other
matter is the Dirksen amendment. We
have had our debates about that in the
House, on the so-called Tuck bill. The
House has expressed itself by a very sub-
stantial majority in favor of the Tuck
bill, which would do something about the
reapportionment decision of the Supreme
Court.
The Dirksen amendment, let me say to
you, in my judgment and in the judg-
ment of all of those to whom I have
talked, has certainly no binding effect.
If it had any binding effect, the tall end
of the sentence which gives It its effect
would repeal that. However, I am
chiefly concerned about the Dirksen
amendment because of the concluding
MODIFYING RETIREMENT EMENT BENE-
FITS OF DISTRICT OF 'COLUMBIA
JUDGES
Mr. McMILLAN. Mr. Speaker, I ask
unanimous eonsgnt for the immediate
.consideration of the concurrent resolu-
tion, house Concurrent Resolution 370.
The Clerk read the concurrent resolu-
tion as follows:
Resolved by the Hoarse of Representatives
(the Senate concurring), That the Clerk of
the ltouso of Representatives in the enroll-
ment of the bill (H.R. 5871) to amend sec-
tion 11 of the Act of April 1. 1042, in order
to modify the retirement benefits of the
judges of the District of Columbia Court
of General Sessions, the District of Columbia
Court of Appeals, and the Juvenile Court of
the District of Columbia, and for other pur-
poses, is authorized and directed-
(1) to strike out all after the enacting
clause down through and including "Sw. 11
(a) (1) Any Judge" and Insert In lieu thereof
agreeing votes of the two Houses be, and the Which is found on page 27 of the amended
same is hereby agreed to. foreign aid bill, as it comes back to the
Mr. SMITH of Virginia. -Mr. Speak- House. Now, the House has expressed
er, I yield 30 minutes to the gentleman Itself very firmly I think on its refusal
front Ohio [Mr. BaowN], and pending to recognize the constitutional power of
that I yield myself such time as I may the Supreme Court to enact legislation,
e#anturad, EV6rybody known that no such thing was
i mnblasection
Code is -l-R6M%sqp
at
WAilwThl
~p a wn tl~Iated liy our Constitution or by
` 6W7=6V -fl~*'iib7attached thereto. If