[Congressional Record Volume 155, Number 79 (Thursday, May 21, 2009)]
[Senate]
[Pages S5824-S5826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  S. 1126. A bill to require the Director of National Intelligence to 
submit a report to Congress on retirement benefits for former employees 
of Air America and for other purposes; to the Select Committee on 
Intelligence.
  Mr. REID. Mr. President, it has been said that ``The nation which 
forgets its defenders will itself be forgotten.'' I believe it. This is 
why I rise today to again introduce legislation to help correct an 
injustice for those who have served our country in times of crisis.
  Many people have never heard of Air America. This top-secret 
passenger and cargo airline was a Government corporation owned and 
operated by the

[[Page S5826]]

Central Intelligence Agency during the Cold War.
  Forty-eight years ago, the first Air America pilots were killed in 
covert military action in Laos. On May 30th, 1961, Charles Mateer and 
Walter Wizbowski crashed their helicopter in rugged terrain and 
unpredictable weather while trying to land in order to resupply 
besieged Hmong during the Cold War.
  Air America employed several hundred U.S. citizens like Mr. Mateer 
and Wizbowski to conduct covert missions throughout the Cold War. 
During the Vietnam War, they carried nearly 12,000 government-sponsored 
passengers each month including troops and refugees. During the final 
days of the Vietnam war, Air America helicopters evacuated some 41,000 
Americans, diplomats and friendly Vietnamese. Throughout the Cold War, 
numerous Air Force and Navy pilots were saved by heroic Air America 
helicopter rescue missions after being shot down behind enemy lines.
  Air America personnel paid a costly burden to run these dangerous 
missions. Sadly, at least 86 American pilots were killed in action 
while operating aircraft for our Government. In all, Air America had 
240 pilots and crewmembers killed in action.
  In order to be able to conduct these high-risk missions, Air America 
operations were conducted by the CIA with strict secrecy. The 
Government ownership of the company was never acknowledged at the time 
and was not known to the public. Only a small number of officials were 
aware that, as employees of the CIA, Air America personnel were 
entitled to standard benefits provided to Federal employees.
  Despite their heroic service to our nation, Air America employees are 
now being neglected by our Government.
  Frustrated by Federal intransience and bureaucracy, former Air 
America employees from Nevada came to me and requested congressional 
assistance to help them obtain Federal civil service retirement 
benefits.
  Today, the legislation I am introducing helps move us closer to 
correcting this injustice.
  Mr. President, the ``Air America Veteran's Act'' recognizes these 
employees by requiring the Director of National Intelligence to submit 
a report to Congress about the number of Air America beneficiaries and 
the benefits owed to them. This report is critical because it will 
provide the justification Congress needs to ensure that these veterans 
are treated equitably and fairly by their Government.
  I encourage all of my colleagues to join me in cosponsoring this 
important legislation to correct this injustice. These great Americans 
have earned these benefits and the gratitude of a thankful Nation. Now 
is our chance to honor their service and begin recognizing their 
sacrifices.
  Mr. Presdient, I ask unanimous consent that the text of the bill be 
printed in Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1126

       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 Veterans Act of 
     2009''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Air america.--The term ``Air America'' means Air 
     America, Incorporated.
       (2) Associated company.--The term ``associated company'' 
     means any entity associated with, predecessor to, or 
     subsidiary to Air America, including Air Asia Company 
     Limited, CAT Incorporated, Civil Air Transport Company 
     Limited, and the Pacific Division of Southern Air Transport 
     during the period when such an entity was owned and 
     controlled by the United States Government.

     SEC. 3. REPORT ON RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF 
                   AIR AMERICA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on the 
     advisability of providing Federal retirement benefits to 
     United States citizens for the service of such citizens prior 
     to 1977 as employees of Air America or an associated company 
     during a period when Air America or the associated company 
     was owned or controlled by the United States Government and 
     operated or managed by the Central Intelligence Agency.
       (b) Report Elements.--The report required by subsection (a) 
     shall include the following:
       (1) The history of Air America and the associated companies 
     prior to 1977, including a description of--
       (A) the relationship between Air American and the 
     associated companies and the Central Intelligence Agency or 
     any other element of the United States Government;
       (B) the workforce of Air America and the associated 
     companies;
       (C) the missions performed by Air America, the associated 
     companies, and their employees for the United States; and
       (D) the casualties suffered by employees of Air America and 
     the associated companies in the course of their employment.
       (2) A description of--
       (A) the retirement benefits contracted for or promised to 
     the employees of Air America and the associated companies 
     prior to 1977;
       (B) the contributions made by such employees for such 
     benefits;
       (C) the retirement benefits actually paid such employees;
       (D) the entitlement of such employees to the payment of 
     future retirement benefits; and
       (E) the likelihood that such employees will receive any 
     future retirement benefits.
       (3) An assessment of the difference between--
       (A) the retirement benefits that former employees of Air 
     America and the associated companies have received or will 
     receive by virtue of their employment with Air America and 
     the associated companies; and
       (B) the retirement benefits that such employees would have 
     received or be eligible to receive if such employment was 
     deemed to be employment by the United States Government and 
     their service during such employment was credited as Federal 
     service for the purpose of Federal retirement benefits.
       (4)(A) Any recommendations regarding the advisability of 
     legislative action to treat such employment as Federal 
     service for the purpose of Federal retirement benefits in 
     light of the relationship between Air America and the 
     associated companies and the United States Government and the 
     services and sacrifices of such employees to and for the 
     United States.
       (B) If legislative action is considered advisable under 
     subparagraph (A), a proposal for such action and an 
     assessment of its costs.
       (5) The opinions of the Director of the Central 
     Intelligence Agency, if any, on any matters covered by the 
     report that the Director of the Central Intelligence Agency 
     considers appropriate.
       (c) Assistance of Comptroller General.--The Comptroller 
     General of the United States shall, upon the request of the 
     Director of National Intelligence and in a manner consistent 
     with the protection of classified information, assist the 
     Director in the preparation of the report required by 
     subsection (a).
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
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