[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 407 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 407

          To provide redress to the employees of Air America.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2021

Mr. Rubio (for himself, Mr. Warner, Mrs. Gillibrand, Mrs. Shaheen, Mrs. 
   Feinstein, Mrs. Murray, Mr. Cornyn, Ms. Rosen, Ms. Klobuchar, Mr. 
Braun, Mr. Menendez, Mr. Cardin, Mr. Rounds, Mr. Casey, Mr. Van Hollen, 
   Mr. Schumer, Ms. Smith, Mr. Booker, Ms. Hirono, Mr. Cassidy, Mr. 
  Hawley, Ms. Sinema, Mr. Manchin, Mr. Durbin, Ms. Cortez Masto, Ms. 
   Baldwin, Mr. Tester, Mr. Cotton, and Mr. Padilla) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
          To provide redress to the employees of Air America.

    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 ``Air America Act of 2021''.

SEC. 2. AIR AMERICA.

    (a) Findings.--Congress finds the following:
            (1) Air America, Incorporated (referred to in this section 
        as ``Air America'') and its related cover corporate entities 
        were wholly owned and controlled by the United States 
        Government and directed and managed by the Department of 
        Defense, the Department of State, and the Central Intelligence 
        Agency from 1950 to 1976.
            (2) Air America, a corporation owned by the Government of 
        the United States, constituted a ``Government corporation'', as 
        defined in section 103 of title 5, United States Code.
            (3) It is established that the employees of Air America and 
        the other entities described in paragraph (1) were Federal 
        employees.
            (4) The employees of Air America were retroactively 
        excluded from the definition of the term ``employee'' under 
        section 2105 of title 5, United States Code, on the basis of an 
        administrative policy change in paperwork requirements 
        implemented by the Office of Personnel Management 10 years 
        after the service of the employees had ended and, by extension, 
        were retroactively excluded from the definition of the term 
        ``employee'' under section 8331 of title 5, United States Code, 
        for retirement credit purposes.
            (5) The employees of Air America were paid as Federal 
        employees, with salaries subject to--
                    (A) the General Schedule under subchapter III of 
                chapter 53 of title 5, United States Code; and
                    (B) the rates of basic pay payable to members of 
                the Armed Forces.
            (6) The service and sacrifice of the employees of Air 
        America included--
                    (A) suffering a high rate of casualties in the 
                course of employment;
                    (B) saving thousands of lives in search and rescue 
                missions for downed United States airmen and allied 
                refugee evacuations; and
                    (C) lengthy periods of service in challenging 
                circumstances abroad.
    (b) Definitions.--In this section--
            (1) the term ``affiliated company'', with respect to Air 
        America, includes Air Asia Company Limited, CAT Incorporated, 
        Civil Air Transport Company Limited, and the Pacific Division 
        of Southern Air Transport; and
            (2) the term ``qualifying service'' means service that--
                    (A) was performed by a United States citizen as an 
                employee of Air America or an affiliated company during 
                the period beginning on January 1, 1950, and ending on 
                December 31, 1976; and
                    (B) is documented in the attorney-certified 
                corporate records of Air America or any affiliated 
                company.
    (c) Treatment as Federal Employment.--Any period of qualifying 
service--
            (1) is deemed to have been service of an employee (as 
        defined in section 2105 of title 5, United States Code) with 
        the Federal Government; and
            (2) shall be treated as creditable service by an employee 
        for purposes of subchapter III of chapter 83 of title 5, United 
        States Code.
    (d) Rights.--An individual who performed qualifying service, or a 
survivor of such an individual, shall be entitled to the rights, 
retroactive as applicable, provided to employees and their survivors 
for creditable service under the Civil Service Retirement System under 
subchapter III of chapter 83 of title 5, United States Code, with 
respect to that qualifying service.
    (e) Deduction, Contribution, and Deposit Requirements.--The deposit 
of funds in the Treasury of the United States made by Air America in 
the form of a lump-sum payment apportioned in part to the Civil Service 
Disability & Retirement Fund in 1976 is deemed to satisfy the 
deduction, contribution, and deposit requirements under section 8334 of 
title 5, United States Code, with respect to all periods of qualifying 
service.
    (f) Application Time Limit.--Section 8345(i)(2) of title 5, United 
States Code, shall be applied with respect to the death of an 
individual who performed qualifying service by substituting ``2 years 
after the effective date under section 2(g) of the Air America Act of 
2021'' for ``30 years after the death or other event which gives rise 
to title to the benefit''.
    (g) Effective Date.--This section shall take effect on the date 
that is 30 days after the date of enactment of this Act.
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