[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 521 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 515
117th CONGRESS
  2d Session
                                H. R. 521

                          [Report No. 117-173]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2022

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                           September 28, 2022

               Reported by Mr. Peters, without amendment

_______________________________________________________________________

                                 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.
                                                       Calendar No. 515

117th CONGRESS

  2d Session

                               H. R. 521

                          [Report No. 117-173]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 28, 2022

                       Reported without amendment