[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 521 Enrolled Bill (ENR)]

        H.R.521

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty-two


                                 An Act


 
    To permit disabled law enforcement officers, customs and border 
  protection officers, firefighters, air traffic controllers, nuclear 
   materials couriers, members of the Capitol Police, members of the 
   Supreme Court Police, employees of the Central Intelligence Agency 
performing intelligence activities abroad or having specialized security 
 requirements, and diplomatic security special agents of the Department 
 of State to receive retirement benefits in the same manner as if they 
                         had not been disabled.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``First Responder Fair Return for 
Employees on Their Initial Retirement Earned Act'' or the ``First 
Responder Fair RETIRE Act''.
SEC. 2. SENSE OF CONGRESS.
    It is the sense of Congress that--
        (1) it is in the best national and homeland security interests 
    of the United States for Federal agencies to retain the specialized 
    knowledge and experience of individuals who suffer an injury or 
    illness while serving in a covered position (as defined under the 
    amendments made by this Act); and
        (2) Federal agencies should ensure, to the greatest extent 
    possible, that an individual who can no longer carry out the duties 
    of a covered position, and is reappointed to a position in the 
    civil service that is not a covered position, is reappointed within 
    the same Federal agency, in the same geographic location, and at a 
    level of pay commensurate to the position which the individual held 
    immediately prior to such injury or illness.
SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES.
    (a) CSRS.--Section 8336(c) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(3)(A) In this paragraph--
        ``(i) the term `affected individual' means an individual 
    covered under this subchapter who--
            ``(I) is performing service in a covered position;
            ``(II) while on duty, becomes ill or is injured as a direct 
        result of the performance of such duties before the date on 
        which the individual becomes entitled to an annuity under 
        paragraph (1) of this subsection or subsection (e), (m), or 
        (n), as applicable;
            ``(III) because of the illness or injury described in 
        subclause (II), is permanently unable to render useful and 
        efficient service in the employee's covered position, as 
        determined by the agency in which the individual was serving 
        when such individual incurred the illness or injury; and
            ``(IV) is appointed to a position in the civil service 
        that--
                ``(aa) is not a covered position; and
                ``(bb) is within an agency that regularly appoints 
            individuals to supervisory or administrative positions 
            related to the activities of the former covered position of 
            the individual;
        ``(ii) the term `covered position' means a position as a law 
    enforcement officer, customs and border protection officer, 
    firefighter, air traffic controller, nuclear materials courier, 
    member of the Capitol Police, or member of the Supreme Court 
    Police.
    ``(B) Unless an affected individual files an election described in 
subparagraph (E), creditable service by the affected individual in a 
position described in subparagraph (A)(i)(IV) shall be treated as 
creditable service in a covered position for purposes of this chapter 
and determining the amount to be deducted and withheld from the pay of 
the affected individual under section 8334.
    ``(C) Subparagraph (B) shall only apply if the affected employee 
transitions to a position described in subparagraph (A)(i)(IV) without 
a break in service exceeding 3 days.
    ``(D) The service of an affected individual shall no longer be 
eligible for treatment under subparagraph (B) if such service occurs 
after the individual--
        ``(i) is transferred to a supervisory or administrative 
    position related to the activities of the former covered position 
    of the individual; or
        ``(ii) meets the age and service requirements that would 
    subject the individual to mandatory separation under section 8335 
    if such individual had remained in the former covered position.
    ``(E) In accordance with procedures established by the Director of 
the Office of Personnel Management, an affected individual may file an 
election to have any creditable service performed by the affected 
individual treated in accordance with this chapter without regard to 
subparagraph (B).
    ``(F) Nothing in this paragraph shall be construed to apply to such 
affected individual any other pay-related laws or regulations 
applicable to a covered position.''.
    (b) FERS.--
        (1) In general.--Section 8412(d) of title 5, United States 
    Code, is amended--
            (A) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (B) by inserting ``(1)'' before ``An employee''; and
            (C) by adding at the end the following:
    ``(2)(A) In this paragraph--
        ``(i) the term `affected individual' means an individual 
    covered under this chapter who--
            ``(I) is performing service in a covered position;
            ``(II) while on duty, becomes ill or is injured as a direct 
        result of the performance of such duties before the date on 
        which the individual becomes entitled to an annuity under 
        paragraph (1) of this subsection or subsection (e), as 
        applicable;
            ``(III) because of the illness or injury described in 
        subclause (II), is permanently unable to render useful and 
        efficient service in the employee's covered position, as 
        determined by the agency in which the individual was serving 
        when such individual incurred the illness or injury; and
            ``(IV) is appointed to a position in the civil service 
        that--
                ``(aa) is not a covered position; and
                ``(bb) is within an agency that regularly appoints 
            individuals to supervisory or administrative positions 
            related to the activities of the former covered position of 
            the individual;
        ``(ii) the term `covered position' means a position as a law 
    enforcement officer, customs and border protection officer, 
    firefighter, air traffic controller, nuclear materials courier, 
    member of the Capitol Police, or member of the Supreme Court 
    Police.
    ``(B) Unless an affected individual files an election described in 
subparagraph (E), creditable service by the affected individual in a 
position described in subparagraph (A)(i)(IV) shall be treated as 
creditable service in a covered position for purposes of this chapter 
and determining the amount to be deducted and withheld from the pay of 
the affected individual under section 8422.
    ``(C) Subparagraph (B) shall only apply if the affected employee 
transitions to a position described in subparagraph (A)(i)(IV) without 
a break in service exceeding 3 days.
    ``(D) The service of an affected individual shall no longer be 
eligible for treatment under subparagraph (B) if such service occurs 
after the individual--
        ``(i) is transferred to a supervisory or administrative 
    position related to the activities of the former covered position 
    of the individual; or
        ``(ii) meets the age and service requirements that would 
    subject the individual to mandatory separation under section 8425 
    if such individual had remained in the former covered position.
    ``(E) In accordance with procedures established by the Director of 
the Office of Personnel Management, an affected individual may file an 
election to have any creditable service performed by the affected 
individual treated in accordance with this chapter without regard to 
subparagraph (B).
    ``(F) Nothing in this paragraph shall be construed to apply to such 
affected individual any other pay-related laws or regulations 
applicable to a covered position.''.
        (2) Technical and conforming amendments.--
            (A) Chapter 84 of title 5, United States Code, is amended--
                (i) in section 8414(b)(3), by inserting ``(1)'' after 
            ``subsection (d)'';
                (ii) in section 8415--

                    (I) in subsection (e), in the matter preceding 
                paragraph (1), by inserting ``(1)'' after ``subsection 
                (d)''; and
                    (II) in subsection (h)(2)(A), by striking 
                ``(d)(2)'' and inserting ``(d)(1)(B)'';

                (iii) in section 8421(a)(1), by inserting ``(1)'' after 
            ``(d)'';
                (iv) in section 8421a(b)(4)(B)(ii), by inserting 
            ``(1)'' after ``section 8412(d)'';
                (v) in section 8425, by inserting ``(1)'' after 
            ``section 8412(d)'' each place it appears; and
                (vi) in section 8462(c)(3)(B)(ii), by inserting ``(1)'' 
            after ``subsection (d)''.
            (B) Title VIII of the Foreign Service Act of 1980 (22 
        U.S.C. 4041 et seq.) is amended--
                (i) in section 805(d)(5) (22 U.S.C. 4045(d)(5)), by 
            inserting ``(1)'' after ``or 8412(d)''; and
                (ii) in section 812(a)(2)(B) (22 U.S.C. 4052(a)(2)(B)), 
            by inserting ``(1)'' after ``or 8412(d)''.
    (c) CIA Employees.--Section 302 of the Central Intelligence Agency 
Retirement Act (50 U.S.C. 2152) is amended by adding at the end the 
following:
    ``(d) Employees Disabled on Duty.--
        ``(1) Definitions.--In this subsection--
            ``(A) the term `affected employee' means an employee of the 
        Agency covered under subchapter II of chapter 84 of title 5, 
        United States Code, who--
                ``(i) is performing service in a position designated 
            under subsection (a);
                ``(ii) while on duty in the position designated under 
            subsection (a), becomes ill or is injured as a direct 
            result of the performance of such duties before the date on 
            which the employee becomes entitled to an annuity under 
            section 233 of this Act or section 8412(d)(1) of title 5, 
            United States Code;
                ``(iii) because of the illness or injury described in 
            clause (ii), is permanently unable to render useful and 
            efficient service in the employee's covered position, as 
            determined by the Director; and
                ``(iv) is appointed to a position in the civil service 
            that is not a covered position but is within the Agency; 
            and
            ``(B) the term `covered position' means a position as--
                ``(i) a law enforcement officer described in section 
            8331(20) or 8401(17) of title 5, United States Code;
                ``(ii) a customs and border protection officer 
            described in section 8331(31) or 8401(36) of title 5, 
            United States Code;
                ``(iii) a firefighter described in section 8331(21) or 
            8401(14) of title 5, United States Code;
                ``(iv) an air traffic controller described in section 
            8331(30) or 8401(35) of title 5, United States Code;
                ``(v) a nuclear materials courier described in section 
            8331(27) or 8401(33) of title 5, United States Code;
                ``(vi) a member of the United States Capitol Police;
                ``(vii) a member of the Supreme Court Police;
                ``(viii) an affected employee; or
                ``(ix) a special agent described in section 804(15) of 
            the Foreign Service Act of 1980 (22 U.S.C. 4044(15)).
        ``(2) Treatment of service after disability.--Unless an 
    affected employee files an election described in paragraph (3), 
    creditable service by the affected employee in a position described 
    in paragraph (1)(A)(iv) shall be treated as creditable service in a 
    covered position for purposes of this Act and chapter 84 of title 
    5, United States Code, including eligibility for an annuity under 
    section 233 of this Act or 8412(d)(1) of title 5, United States 
    Code, and determining the amount to be deducted and withheld from 
    the pay of the affected employee under section 8422 of title 5, 
    United States Code.
        ``(3) Break in service.--Paragraph (2) shall only apply if the 
    affected employee transitions to a position described in paragraph 
    (1)(A)(iv) without a break in service exceeding 3 days.
        ``(4) Limitation on treatment of service.--The service of an 
    affected employee shall no longer be eligible for treatment under 
    paragraph (2) if such service occurs after the employee is 
    transferred to a supervisory or administrative position related to 
    the activities of the former covered position of the employee.
        ``(5) Opt out.--An affected employee may file an election to 
    have any creditable service performed by the affected employee 
    treated in accordance with chapter 84 of title 5, United States 
    Code, without regard to paragraph (2).''.
    (d) Foreign Service Retirement and Disability System.--Section 
806(a)(6) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)(6)) is 
amended by adding at the end the following:
    ``(D)(i) In this subparagraph--
        ``(I) the term `affected special agent' means an individual 
    covered under this subchapter who--
            ``(aa) is performing service as a special agent;
            ``(bb) while on duty as a special agent, becomes ill or is 
        injured as a direct result of the performance of such duties 
        before the date on which the individual becomes entitled to an 
        annuity under section 811;
            ``(cc) because of the illness or injury described in item 
        (bb), is permanently unable to render useful and efficient 
        service in the employee's covered position, as determined by 
        the Secretary; and
            ``(dd) is appointed to a position in the Foreign Service 
        that is not a covered position; and
        ``(II) the term `covered position' means a position as--
            ``(aa) a law enforcement officer described in section 
        8331(20) or 8401(17) of title 5, United States Code;
            ``(bb) a customs and border protection officer described in 
        section 8331(31) or 8401(36) of title 5, United States Code;
            ``(cc) a firefighter described in section 8331(21) or 
        8401(14) of title 5, United States Code;
            ``(dd) an air traffic controller described in section 
        8331(30) or 8401(35) of title 5, United States Code;
            ``(ee) a nuclear materials courier described in section 
        8331(27) or 8401(33) of title 5, United States Code;
            ``(ff) a member of the United States Capitol Police;
            ``(gg) a member of the Supreme Court Police;
            ``(hh) an employee of the Agency designated under section 
        302(a) of the Central Intelligence Agency Retirement Act (50 
        U.S.C. 2152(a)); or
            ``(ii) a special agent.
    ``(ii) Unless an affected special agent files an election described 
in clause (iv), creditable service by the affected special agent in a 
position described in clause (i)(I)(dd) shall be treated as creditable 
service as a special agent for purposes of this subchapter, including 
determining the amount to be deducted and withheld from the pay of the 
individual under section 805.
    ``(iii) Clause (ii) shall only apply if the special agent 
transitions to a position described in clause (i)(I)(dd) without a 
break in service exceeding 3 days.
    ``(iv) The service of an affected employee shall no longer be 
eligible for treatment under clause (ii) if such service occurs after 
the employee is transferred to a supervisory or administrative position 
related to the activities of the former covered position of the 
employee.
    ``(v) In accordance with procedures established by the Secretary, 
an affected special agent may file an election to have any creditable 
service performed by the affected special agent treated in accordance 
with this subchapter, without regard to clause (ii).''.
    (e) Implementation.--
        (1) Office of personnel management.--Not later than 1 year 
    after the date of enactment of this Act, the Director of the Office 
    of Personnel Management shall promulgate regulations to carry out 
    the amendments made by subsections (a) and (b).
        (2) CIA employees.--The Director of the Central Intelligence 
    Agency shall promulgate regulations to carry out the amendment made 
    by subsection (c).
        (3) Foreign service retirement and disability system.--The 
    Secretary of State shall promulgate regulations to carry out the 
    amendment made by subsection (d).
        (4) Agency certification.--The regulations promulgated to carry 
    out the amendments made by this Act shall include a requirement 
    that the head of the agency at which an affected employee or 
    special agent (as the case may be) incurred the applicable illness 
    or injury certifies that such illness or injury--
            (A) was incurred in the course of the employee's or special 
        agent's duties; and
            (B) permanently precludes the employee or special agent 
        from rendering useful and efficient service in the covered 
        position but would not preclude the employee or special agent 
        from continuing to serve in the Federal service.
        (5) Agency reappointment.--The regulations promulgated to carry 
    out the amendments made by this Act shall ensure that, to the 
    greatest extent possible, the head of each agency appoints affected 
    employees or special agents to supervisory or administrative 
    positions related to the activities of the former covered position 
    of the employee or special agent.
        (6) Treatment of service.--The regulations promulgated to carry 
    out the amendments made by this Act shall ensure that the 
    creditable service of an affected employee or special agent (as the 
    case may be) that is not in a covered position pursuant to an 
    election made under such amendments shall be treated as the same 
    type of service as the covered position in which the employee or 
    agent suffered the qualifying illness or injury.
    (f) Effective Date; Applicability.--The amendments made by this 
Act--
        (1) shall take effect on the date of enactment of this Act; and
        (2) shall apply to an individual who suffers an illness or 
    injury described in section 8336(c)(3)(A)(i)(II) or section 
    8412(d)(2)(A)(i)(II) of title 5, United States Code, as amended by 
    this section, section 302(d)(1)(A)(ii) of the Central Intelligence 
    Agency Retirement Act, as amended by this section, or section 
    806(a)(6)(D)(i)(I)(bb) of the Foreign Service Act of 1980, as 
    amended by this section, on or after the date that is 2 years after 
    the date of enactment of this Act.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.