[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.