II 110th CONGRESS 1st Session S. 2446 IN THE SENATE OF THE UNITED STATES December 11, 2007 Mr. Schumer (for himself and Mr. Hagel) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide that the Secretary of Homeland Security may waive certain retirement provisions for reemployed annuitants in the Department of Homeland Security, and for other purposes.

1.

Federal reemployed annuitants in certain Department of Homeland Security positions

(a)

Short title

This Act may be cited as the Citizenship Processing Backlog Reduction Act of 2007. (b)

Definitions

In this Act— (1)the term annuitant means an annuitant under a Government retirement system; (2)the term Government retirement system means a retirement system established by law for employees of the Government of the United State; and (3)the term employee has the meaning under section 2105 of title 5, United States Code. (c)

In General

The Secretary of Homeland Security may waive the application of sections 8344 and 8468 of title 5, United States Code (relating to annuities and pay on reemployment), or any other similar provision of law under a Government retirement system on a case-by-case basis for an annuitant reemployed on a temporary basis— (1)if, and for so long as, such waiver is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances; or (2)if the annuitant is employed in a position that provides— (A)assistance to the Secretary of Homeland Security with a substantial backlog of petitions for naturalization; or (B)assistance for processing petitions for naturalization filed during the period beginning on January 31, 2007, through July 30, 2007. (d)

Rule of construction

An annuitant as to whom a waiver under subsection (c) is in effect shall not be considered an employee for purposes of any Government retirement system. (e)

Termination of authority

The authority of the Secretary of Homeland Security under subsection (c)(2) shall terminate on January 1, 2009. An annuitant to whom a waiver applies under subsection (c)(2) may be employed for a period of any duration, but not longer than January 1, 2010. (f)

Effective date

This Act shall take effect on the date of enactment of this Act and apply to pay periods beginning on or after that date.