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

<DOC>





                                                       Calendar No. 370
117th CONGRESS
  2d Session
                                 S. 407

                          [Report No. 117-113]

          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, Mr. Padilla, Ms. Hassan, Mr. Kelly, 
Ms. Duckworth, Mr. Blumenthal, and Mr. Daines) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

                 May 19 (legislative day, May 17), 2022

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

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``Air America Act of 
2021''.</DELETED>

<DELETED>SEC. 2. AIR AMERICA.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) It is established that the employees of Air 
        America and the other entities described in paragraph (1) were 
        Federal employees.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) The employees of Air America were paid as 
        Federal employees, with salaries subject to--</DELETED>
                <DELETED>    (A) the General Schedule under subchapter 
                III of chapter 53 of title 5, United States Code; 
                and</DELETED>
                <DELETED>    (B) the rates of basic pay payable to 
                members of the Armed Forces.</DELETED>
        <DELETED>    (6) The service and sacrifice of the employees of 
        Air America included--</DELETED>
                <DELETED>    (A) suffering a high rate of casualties in 
                the course of employment;</DELETED>
                <DELETED>    (B) saving thousands of lives in search 
                and rescue missions for downed United States airmen and 
                allied refugee evacuations; and</DELETED>
                <DELETED>    (C) lengthy periods of service in 
                challenging circumstances abroad.</DELETED>
<DELETED>    (b) Definitions.--In this section--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) the term ``qualifying service'' means service 
        that--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) is documented in the attorney-
                certified corporate records of Air America or any 
                affiliated company.</DELETED>
<DELETED>    (c) Treatment as Federal Employment.--Any period of 
qualifying service--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) shall be treated as creditable service by an 
        employee for purposes of subchapter III of chapter 83 of title 
        5, United States Code.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (g) Effective Date.--This section shall take effect on the 
date that is 30 days after the date of enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air America Act of 2022''.

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) 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;
            (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;
            (3) the term ``survivor'', with respect to an individual 
        who performed qualifying service, means--
                    (A) a widow or widower of the individual who 
                performed qualifying service; or
                    (B) an individual who, at any time during or since 
                the period of qualifying service, was a dependent or 
                child of the individual who performed qualifying 
                service; and
            (4) the terms ``widow'', ``widower'', ``dependent'', and 
        ``child'' have the meanings given those terms in section 
        8341(a) of title 5, United States Code, except that that 
        section shall be applied by substituting ``individual who 
        performed qualifying service'' for ``employee or Member''.
    (c) Creditable Service.--Any period of qualifying service shall be 
treated as creditable service for purposes of subchapter III of chapter 
83 of title 5, United States Code.
    (d) Rights.--
            (1) In general.--An individual who performed qualifying 
        service or a survivor of such an individual--
                    (A) 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; and
                    (B) may submit an application for benefits based on 
                the qualifying service to the Office of Personnel 
                Management not later than 2 years after the effective 
                date under section 2(g) of this Act.
            (2) Individuals deceased before date of enactment.--A 
        survivor of an individual who performed qualifying service and 
        became eligible, by reason of this Act, for benefits based on 
        the qualifying service under subchapter III of chapter 83 of 
        title 5, United States Code (but became deceased before the 
        date of enactment of this Act)--
                    (A) may submit an application for benefits based on 
                the qualifying service to the Office of Personnel 
                Management not later than 2 years after the effective 
                date under section 2(g) of this Act, disregarding any 
                requirement that an employee have filed an application 
                while living; and
                    (B) upon submission of the application under 
                subparagraph (A), shall be eligible for a survivor 
                annuity under section 8341 of title 5, United States 
                Code, equal to 55 percent (or 50 percent if the 
                deceased individual retired before October 11, 1962) of 
                the self-only annuity (as defined in section 838.103 of 
                title 5, Code of Federal Regulations (or any successor 
                regulation)) that otherwise would have been paid to the 
                deceased individual.
    (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 and 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) Rule of Construction.--Nothing in this Act shall be construed 
to set any type of precedent for purposes of civil service retirement 
credit with the Civil Service Retirement and Disability Fund or any 
successor fund.
    (g) Effective Date.--This Act shall take effect on the date that is 
30 days after the date of enactment of this Act.
                                                       Calendar No. 370

117th CONGRESS

  2d Session

                                 S. 407

                          [Report No. 117-113]

_______________________________________________________________________

                                 A BILL

          To provide redress to the employees of Air America.

_______________________________________________________________________

                 May 19 (legislative day, May 17), 2022

                       Reported with an amendment