[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 629 Reported in Senate (RS)]

                                                       Calendar No. 342
111th CONGRESS
  2d Session
                                 S. 629

 To facilitate the part-time reemployment of annuitants, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2009

Ms. Collins (for herself, Mr. Voinovich, Mr. Kohl, Mrs. McCaskill, and 
 Ms. Landrieu) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                             April 12, 2010

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To facilitate the part-time reemployment of annuitants, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Part-Time Reemployment of 
Annuitants Act of 2009''.</DELETED>

<DELETED>SEC. 2. PART-TIME REEMPLOYMENT.</DELETED>

<DELETED>    (a) Civil Service Retirement System.--Section 8344 of 
title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (l) as subsection 
        (m);</DELETED>
        <DELETED>    (2) by inserting after subsection (k) the 
        following:</DELETED>
<DELETED>    ``(l)(1) For purposes of this subsection--</DELETED>
        <DELETED>    ``(A) the term `head of an agency' means--
        </DELETED>
                <DELETED>    ``(i) the head of an Executive 
                agency;</DELETED>
                <DELETED>    ``(ii) the head of the United States 
                Postal Service;</DELETED>
                <DELETED>    ``(iii) the Director of the Administrative 
                Office of the United States Courts, with respect to 
                employees of the judicial branch; and</DELETED>
                <DELETED>    ``(iv) any employing authority described 
                under subsection (k)(2); and</DELETED>
        <DELETED>    ``(B) the term `limited time appointee' means an 
        annuitant appointed under a temporary appointment limited to 1 
        year or less.</DELETED>
<DELETED>    ``(2) The head of an agency may waive the application of 
subsection (a) or (b) with respect to any annuitant who is employed in 
such agency as a limited time appointee.</DELETED>
<DELETED>    ``(3) The head of an agency may not waive the application 
of subsection (a) or (b) with respect to an annuitant--</DELETED>
        <DELETED>    ``(A) for more than 520 hours of service performed 
        by that annuitant during the period ending 6 months following 
        the individual's annuity commencing date;</DELETED>
        <DELETED>    ``(B) for more than 1040 hours of service 
        performed by that annuitant during any 12-month period; 
        or</DELETED>
        <DELETED>    ``(C) for more than a total of 3120 hours of 
        service performed by that annuitant.</DELETED>
<DELETED>    ``(4)(A) The total number of annuitants to whom a waiver 
by the head of an agency under this subsection or section 8468(i) 
applies may not exceed 2.5 percent of the total number of full-time 
employees of that agency.</DELETED>
<DELETED>    ``(B) If the total number of annuitants to whom a waiver 
by the head of an agency under this subsection or section 8468(i) 
applies exceeds 1 percent of the total number of full-time employees of 
that agency, the head of that agency shall submit a report with an 
explanation that justifies the need for the waivers in excess of that 
percentage to the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Oversight and Government Reform 
of the House of Representatives, and the Office of Personnel 
Management.</DELETED>
<DELETED>    ``(5)(A) The Director of the Office of Personnel 
Management may promulgate regulations providing for the administration 
of this subsection.</DELETED>
<DELETED>    ``(B) Any regulations promulgated under subparagraph (A) 
may--</DELETED>
                <DELETED>    ``(i) provide standards for the 
                maintenance and form of necessary records of employment 
                under this subsection;</DELETED>
                <DELETED>    ``(ii) to the extent not otherwise 
                expressly prohibited by law, require employing agencies 
                to provide records of such employment to the Office of 
                Personnel Management or other employing agencies as 
                necessary to ensure compliance with paragraph 
                (3);</DELETED>
                <DELETED>    ``(iii) authorize other administratively 
                convenient periods substantially equivalent to 12 
                months, such as 26 pay periods, to be used in 
                determining compliance with paragraph (3)(B); 
                and</DELETED>
                <DELETED>    ``(iv) include such other administrative 
                requirements as the Director of the Office of Personnel 
                Management may find appropriate to provide for the 
                effective operation of, or to ensure compliance with, 
                this subsection.</DELETED>
<DELETED>    ``(6) The authority of the head of an agency under this 
subsection to waive the application of subsection (a) or (b) shall 
terminate 5 years after the date of enactment of the Part-Time 
Reemployment of Annuitants Act of 2009.''; and</DELETED>
        <DELETED>    (3) in subsection (m) (as so redesignated)--
        </DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``(k)'' 
                and inserting ``(l)''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``or 
                (k)'' and inserting ``(k), or (l)''.</DELETED>
<DELETED>    (b) Federal Employee Retirement System.--Section 8468 of 
title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (i) as subsection 
        (j);</DELETED>
        <DELETED>    (2) by inserting after subsection (h) the 
        following:</DELETED>
<DELETED>    ``(i)(1) For purposes of this subsection--</DELETED>
        <DELETED>    ``(A) the term `head of an agency' means--
        </DELETED>
                <DELETED>    ``(i) the head of an Executive 
                agency;</DELETED>
                <DELETED>    ``(ii) the head of the United States 
                Postal Service;</DELETED>
                <DELETED>    ``(iii) the Director of the Administrative 
                Office of the United States Courts, with respect to 
                employees of the judicial branch; and</DELETED>
                <DELETED>    ``(iv) any employing authority described 
                under subsection (h)(2); and</DELETED>
        <DELETED>    ``(B) the term `limited time appointee' means an 
        annuitant appointed under a temporary appointment limited to 1 
        year or less.</DELETED>
<DELETED>    ``(2) The head of an agency may waive the application of 
subsection (a) with respect to any annuitant who is employed in such 
agency as a limited time appointee.</DELETED>
<DELETED>    ``(3) The head of an agency may not waive the application 
of subsection (a) with respect to an annuitant--</DELETED>
        <DELETED>    ``(A) for more than 520 hours of service performed 
        by that annuitant during the period ending 6 months following 
        the individual's annuity commencing date;</DELETED>
        <DELETED>    ``(B) for more than 1040 hours of service 
        performed by that annuitant during any 12-month period; 
        or</DELETED>
        <DELETED>    ``(C) for more than a total of 3120 hours of 
        service performed by that annuitant.</DELETED>
<DELETED>    ``(4)(A) The total number of annuitants to whom a waiver 
by the head of an agency under this subsection or section 8344(l) 
applies may not exceed 2.5 percent of the total number of full-time 
employees of that agency.</DELETED>
<DELETED>    ``(B) If the total number of annuitants to whom a waiver 
by the head of an agency under this subsection or section 8344(l) 
applies exceeds 1 percent of the total number of full-time employees of 
that agency, the head of that agency shall submit a report with an 
explanation that justifies the need for the waivers in excess of that 
percentage to the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Oversight and Government Reform 
of the House of Representatives, and the Office of Personnel 
Management.</DELETED>
<DELETED>    ``(5)(A) The Director of the Office of Personnel 
Management may promulgate regulations providing for the administration 
of this subsection.</DELETED>
<DELETED>    ``(B) Any regulations promulgated under subparagraph (A) 
may--</DELETED>
        <DELETED>    ``(i) provide standards for the maintenance and 
        form of necessary records of employment under this 
        subsection;</DELETED>
        <DELETED>    ``(ii) to the extent not otherwise expressly 
        prohibited by law, require employing agencies to provide 
        records of such employment to the Office or other employing 
        agencies as necessary to ensure compliance with paragraph 
        (3);</DELETED>
        <DELETED>    ``(iii) authorize other administratively 
        convenient periods substantially equivalent to 12 months, such 
        as 26 pay periods, to be used in determining compliance with 
        paragraph (3)(B); and</DELETED>
        <DELETED>    ``(iv) include such other administrative 
        requirements as the Director of the Office of Personnel 
        Management may find appropriate to provide for effective 
        operation of, or to ensure compliance with, this 
        subsection.</DELETED>
<DELETED>    ``(6) The authority of the head of an agency under this 
subsection to waive the application of subsection (a) shall terminate 5 
years after the date of enactment of the Part-Time Reemployment of 
Annuitants Act of 2009.''; and</DELETED>
        <DELETED>    (3) in subsection (j) (as so redesignated)--
        </DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``(h)'' 
                and inserting ``(i)''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``or 
                (h)'' and inserting ``(h), or (i)''.</DELETED>
<DELETED>    (c) Rule of Construction.--Nothing in the amendments made 
by this section may be construed to authorize the waiver of the hiring 
preferences under chapter 33 of title 5, United States Code in 
selecting annuitants to employ in an appointive or elective 
position.</DELETED>
<DELETED>    (d) Technical and Conforming Amendments.--Section 
1005(d)(2) of title 39, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``(l)(2)'' and inserting 
        ``(m)(2)''; and</DELETED>
        <DELETED>    (2) by striking ``(i)(2)'' and inserting 
        ``(j)(2)''.</DELETED>

<DELETED>SEC. 3. GAO REPORT.</DELETED>

<DELETED>    (a) In General.--Not later than 3 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Oversight and Government 
Reform of the House of Representatives a report regarding the use of 
the authority under the amendments made by section 2.</DELETED>
<DELETED>    (b) Contents.--The report submitted under subsection (a) 
shall--</DELETED>
        <DELETED>    (1) include the number of annuitants for whom a 
        waiver was made under subsection (l) of section 8344 of title 
        5, United States Code, as amended by this Act, or subsection 
        (i) of section 8468 of title 5, United States Code, as amended 
        by this Act; and</DELETED>
        <DELETED>    (2) identify each agency that used the authority 
        described in paragraph (1).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Part-Time Reemployment of Annuitants 
Act of 2009''.

SEC. 2. PART-TIME REEMPLOYMENT.

    (a) Civil Service Retirement System.--Section 8344 of title 5, 
United States Code, is amended--
            (1) by redesignating subsection (l) as subsection (m);
            (2) by inserting after subsection (k) the following:
    ``(l)(1) For purposes of this subsection--
            ``(A) the term `head of an agency' means--
                    ``(i) the head of an Executive agency, other than 
                the Government Accountability Office;
                    ``(ii) the head of the United States Postal 
                Service;
                    ``(iii) the Director of the Administrative Office 
                of the United States Courts, with respect to employees 
                of the judicial branch; and
                    ``(iv) any employing authority described under 
                subsection (k)(2), other than the Government 
                Accountability Office; and
            ``(B) the term `limited time appointee' means an annuitant 
        appointed under a temporary appointment limited to 1 year or 
        less.
    ``(2) The head of an agency may waive the application of subsection 
(a) or (b) with respect to any annuitant who is employed in such agency 
as a limited time appointee, if the head of the agency determines that 
the employment of the annuitant is necessary to--
            ``(A) fulfill functions critical to the mission of the 
        agency, or any component of that agency;
            ``(B) assist in the implementation or oversight of the 
        American Recovery and Reinvestment Act of 2009 (Public Law 111-
        5) or the Troubled Asset Relief Program under title I of the 
        Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et 
        seq.);
            ``(C) assist in the development, management, or oversight 
        of agency procurement actions;
            ``(D) assist the Inspector General for that agency in the 
        performance of the mission of that Inspector General;
            ``(E) promote appropriate training or mentoring programs of 
        employees;
            ``(F) assist in the recruitment or retention of employees; 
        or
            ``(G) respond to an emergency involving a direct threat to 
        life of property or other unusual circumstances.
    ``(3) The head of an agency may not waive the application of 
subsection (a) or (b) with respect to an annuitant--
            ``(A) for more than 520 hours of service performed by that 
        annuitant during the period ending 6 months following the 
        individual's annuity commencing date;
            ``(B) for more than 1040 hours of service performed by that 
        annuitant during any 12-month period; or
            ``(C) for more than a total of 3120 hours of service 
        performed by that annuitant.
    ``(4)(A) The total number of annuitants to whom a waiver by the 
head of an agency under this subsection or section 8468(i) applies may 
not exceed 2.5 percent of the total number of full-time employees of 
that agency.
    ``(B) If the total number of annuitants to whom a waiver by the 
head of an agency under this subsection or section 8468(i) applies 
exceeds 1 percent of the total number of full-time employees of that 
agency, the head of that agency shall submit a report with an 
explanation that justifies the need for the waivers in excess of that 
percentage to the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Oversight and Government Reform 
of the House of Representatives, and the Office of Personnel 
Management.
    ``(5)(A) The Director of the Office of Personnel Management may 
promulgate regulations providing for the administration of this 
subsection.
    ``(B) Any regulations promulgated under subparagraph (A) may--
                    ``(i) provide standards for the maintenance and 
                form of necessary records of employment under this 
                subsection;
                    ``(ii) to the extent not otherwise expressly 
                prohibited by law, require employing agencies to 
                provide records of such employment to the Office of 
                Personnel Management or other employing agencies as 
                necessary to ensure compliance with paragraph (3);
                    ``(iii) authorize other administratively convenient 
                periods substantially equivalent to 12 months, such as 
                26 pay periods, to be used in determining compliance 
                with paragraph (3)(B);
                    ``(iv) include such other administrative 
                requirements as the Director of the Office of Personnel 
                Management may find appropriate to provide for the 
                effective operation of, or to ensure compliance with, 
                this subsection; and
                    ``(v) encourage the training and mentoring of 
                employees by any limited time appointee employed under 
                this subsection, except that any hours of that training 
                or mentoring shall not be included in the hours of 
                service performed for purposes of paragraph (3).
    ``(6) The authority of the head of an agency under this subsection 
to waive the application of subsection (a) or (b) shall terminate 5 
years after the date of enactment of the Part-Time Reemployment of 
Annuitants Act of 2009.''; and
            (3) in subsection (m) (as so redesignated)--
                    (A) in paragraph (1), by striking ``(k)'' and 
                inserting ``(l)''; and
                    (B) in paragraph (2), by striking ``or (k)'' and 
                inserting ``(k), or (l)''.
    (b) Federal Employee Retirement System.--Section 8468 of title 5, 
United States Code, is amended--
            (1) by redesignating subsection (i) as subsection (j);
            (2) by inserting after subsection (h) the following:
    ``(i)(1) For purposes of this subsection--
            ``(A) the term `head of an agency' means--
                    ``(i) the head of an Executive agency, other than 
                the Government Accountability Office;
                    ``(ii) the head of the United States Postal 
                Service;
                    ``(iii) the Director of the Administrative Office 
                of the United States Courts, with respect to employees 
                of the judicial branch; and
                    ``(iv) any employing authority described under 
                subsection (h)(2), other than the Government 
                Accountability Office; and
            ``(B) the term `limited time appointee' means an annuitant 
        appointed under a temporary appointment limited to 1 year or 
        less.
    ``(2) The head of an agency may waive the application of subsection 
(a) with respect to any annuitant who is employed in such agency as a 
limited time appointee, if the head of the agency determines that the 
employment of the annuitant is necessary to--
            ``(A) fulfill functions critical to the mission of the 
        agency, or any component of that agency;
            ``(B) assist in the implementation or oversight of the 
        American Recovery and Reinvestment Act of 2009 (Public Law 111-
        5) or the Troubled Asset Relief Program under title I of the 
        Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et 
        seq.);
            ``(C) assist in the development, management, or oversight 
        of agency procurement actions;
            ``(D) assist the Inspector General for that agency in the 
        performance of the mission of that Inspector General;
            ``(E) promote appropriate training or mentoring programs of 
        employees;
            ``(F) assist in the recruitment or retention of employees; 
        or
            ``(G) respond to an emergency involving a direct threat to 
        life of property or other unusual circumstances.
    ``(3) The head of an agency may not waive the application of 
subsection (a) with respect to an annuitant--
            ``(A) for more than 520 hours of service performed by that 
        annuitant during the period ending 6 months following the 
        individual's annuity commencing date;
            ``(B) for more than 1040 hours of service performed by that 
        annuitant during any 12-month period; or
            ``(C) for more than a total of 3120 hours of service 
        performed by that annuitant.
    ``(4)(A) The total number of annuitants to whom a waiver by the 
head of an agency under this subsection or section 8344(l) applies may 
not exceed 2.5 percent of the total number of full-time employees of 
that agency.
    ``(B) If the total number of annuitants to whom a waiver by the 
head of an agency under this subsection or section 8344(l) applies 
exceeds 1 percent of the total number of full-time employees of that 
agency, the head of that agency shall submit a report with an 
explanation that justifies the need for the waivers in excess of that 
percentage to the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Oversight and Government Reform 
of the House of Representatives, and the Office of Personnel 
Management.
    ``(5)(A) The Director of the Office of Personnel Management may 
promulgate regulations providing for the administration of this 
subsection.
    ``(B) Any regulations promulgated under subparagraph (A) may--
            ``(i) provide standards for the maintenance and form of 
        necessary records of employment under this subsection;
            ``(ii) to the extent not otherwise expressly prohibited by 
        law, require employing agencies to provide records of such 
        employment to the Office or other employing agencies as 
        necessary to ensure compliance with paragraph (3);
            ``(iii) authorize other administratively convenient periods 
        substantially equivalent to 12 months, such as 26 pay periods, 
        to be used in determining compliance with paragraph (3)(B);
            ``(iv) include such other administrative requirements as 
        the Director of the Office of Personnel Management may find 
        appropriate to provide for effective operation of, or to ensure 
        compliance with, this subsection; and
            ``(v) encourage the training and mentoring of employees by 
        any limited time appointee employed under this subsection, 
        except that any hours of that training or mentoring shall not 
        be included in the hours of service performed for purposes of 
        paragraph (3).
    ``(6) The authority of the head of an agency under this subsection 
to waive the application of subsection (a) shall terminate 5 years 
after the date of enactment of the Part-Time Reemployment of Annuitants 
Act of 2009.''; and
            (3) in subsection (j) (as so redesignated)--
                    (A) in paragraph (1), by striking ``(h)'' and 
                inserting ``(i)''; and
                    (B) in paragraph (2), by striking ``or (h)'' and 
                inserting ``(h), or (i)''.
    (c) Rule of Construction.--Nothing in the amendments made by this 
section may be construed to authorize the waiver of the hiring 
preferences under chapter 33 of title 5, United States Code in 
selecting annuitants to employ in an appointive or elective position.
    (d) Technical and Conforming Amendments.--Section 1005(d)(2) of 
title 39, United States Code, is amended--
            (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
            (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

SEC. 3. GENERAL ACCOUNTABILITY OFFICE REPORT.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Oversight and Government Reform of the 
House of Representatives a report regarding the use of the authority 
under the amendments made by section 2.
    (b) Contents.--The report submitted under subsection (a) shall--
            (1) include the number of annuitants for whom a waiver was 
        made under subsection (l) of section 8344 of title 5, United 
        States Code, as amended by this Act, or subsection (i) of 
        section 8468 of title 5, United States Code, as amended by this 
        Act; and
            (2) identify each agency that used the authority described 
        in paragraph (1).
    (c) Agency Data.--Each head of an agency (as defined under sections 
8344(l)(1) and 8468(i)(1)(A) of title 5, United States Code, as added 
by section 2 of this Act) shall--
            (1) collect and maintain data necessary for purposes of the 
        Comptroller General report submitted under subsection (a); and
            (2) submit to the Comptroller General that data as the 
        Comptroller General requires in a timely fashion.
                                                       Calendar No. 342

111th CONGRESS

  2d Session

                                 S. 629

_______________________________________________________________________

                                 A BILL

 To facilitate the part-time reemployment of annuitants, and for other 
                               purposes.

_______________________________________________________________________

                             April 12, 2010

                       Reported with an amendment