[Congressional Record Volume 155, Number 96 (Wednesday, June 24, 2009)]
[House]
[Pages H7154-H7161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISABLED MILITARY RETIREE RELIEF ACT OF 2009
Mr. SKELTON. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 2990) to provide special pays and allowances to certain
members of the Armed Forces, expand concurrent receipt of military
retirement and VA disability benefits to disabled military retirees,
and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2990
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 ``Disabled Military Retiree
Relief Act of 2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COMPENSATION AND BENEFITS FOR MEMBERS OF THE ARMED FORCES AND
MILITARY RETIREES
Subtitle A--Bonuses and Special and Incentive Pays
Sec. 101. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 102. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 103. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 104. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 105. One-year extension of authorities relating to payment of
other title 37 bonuses and special pay.
Sec. 106. One-year extension of authorities relating to payment of
referral bonuses.
Sec. 107. Technical corrections and conforming amendments to reconcile
conflicting amendments regarding continued payment of
bonuses and similar benefits for certain members.
Subtitle B--Retired Pay Benefits
Sec. 111. Recomputation of retired pay and adjustment of retired grade
of Reserve retirees to reflect service after retirement.
Sec. 112. Election to receive retired pay for non-regular service upon
retirement for service in an active reserve status
performed after attaining eligibility for regular
retirement.
Subtitle C--Concurrent Receipt of Military Retired Pay and Veterans'
Disability Compensation
Sec. 121. One-year expansion of eligibility for concurrent receipt of
military retired pay and veterans' disability
compensation to include all chapter 61 disability
retirees regardless of disability rating percentage or
years of service.
TITLE II--FEDERAL EMPLOYEE BENEFITS
Subtitle A--General Provisions
Sec. 201. Credit for unused sick leave.
Sec. 202. Limited expansion of the class of individuals eligible to
receive an actuarially reduced annuity under the civil
service retirement system.
Sec. 203. Computation of certain annuities based on part-time service.
Sec. 204. Authority to deposit refunds under FERS.
Sec. 205. Retirement credit for service of certain employees
transferred from District of Columbia service to Federal
service.
Subtitle B--Non-Foreign Area Retirement Equity Assurance
Sec. 211. Short title.
Sec. 212. Extension of Locality Pay.
Sec. 213. Adjustment of special rates.
Sec. 214. Transition schedule for locality-based comparability
payments.
Sec. 215. Savings provision.
Sec. 216. Application to other eligible employees.
Sec. 217. Election of additional basic pay for annuity computation by
employees.
Sec. 218. Regulations.
Sec. 219. Effective dates.
TITLE III--DEEPWATER OIL AND GAS RESEARCH AND DEVELOPMENT FUNDING
SOURCE REPEAL
Sec. 301. Repeal.
[[Page H7155]]
TITLE I--COMPENSATION AND BENEFITS FOR MEMBERS OF THE ARMED FORCES AND
MILITARY RETIREES
Subtitle A--Bonuses and Special and Incentive Pays
SEC. 101. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code,
are amended by striking ``December 31, 2009'' and inserting
``December 31, 2010'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
(7) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.
SEC. 102. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title
10, United States Code, are amended by striking ``December
31, 2009'' and inserting ``December 31, 2010'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(b) Title 37 Authorities.--The following sections of title
37, United States Code, are amended by striking ``December
31, 2009'' and inserting ``December 31, 2010'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 103. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code,
are amended by striking ``December 31, 2009'' and inserting
``December 31, 2010'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 104. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE
37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND
BONUS AUTHORITIES.
The following sections of title 37, United States Code,
are amended by striking ``December 31, 2009'' and inserting
``December 31, 2010'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 351(i), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(j), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(i), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 105. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL
PAY.
The following sections of chapter 5 of title 37, United
States Code, are amended by striking ``December 31, 2009''
and inserting ``December 31, 2010'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease
personnel shortage.
(7) Section 327(h), relating to incentive bonus for
transfer between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 106. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
PAYMENT OF REFERRAL BONUSES.
The following sections of title 10, United States Code,
are amended by striking ``December 31, 2009'' and inserting
``December 31, 2010'':
(1) Section 1030(i), relating to health professions
referral bonus.
(2) Section 3252(h), relating to Army referral bonus.
SEC. 107. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO
RECONCILE CONFLICTING AMENDMENTS REGARDING
CONTINUED PAYMENT OF BONUSES AND SIMILAR
BENEFITS FOR CERTAIN MEMBERS.
(a) Technical Corrections to Reconcile Conflicting
Amendments.--Section 303a(e) of title 37, United States Code,
is amended--
(1) in paragraph (1)(A), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(3) in paragraph (5), as so redesignated, by striking
``paragraph (3)(B)'' and inserting ``paragraph (4)(B)'';
(4) by redesignating paragraph (2), as added by section
651(b) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4495), as paragraph (3); and
(5) by redesignating the second subparagraph (B) of
paragraph (1), originally added as paragraph (2) by section
2(a)(3) of the Hubbard Act (Public Law 110-317; 122 Stat.
3526) and erroneously designated as subparagraph (B) by
section 651(a)(3) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4495), as paragraph (2).
(b) Inclusion of Hubbard Act Amendment in Consolidated
Special Pay and Bonus Authorities.--Section 373(b) of such
title is amended--
(1) in paragraph (2), by striking the paragraph heading and
inserting ``Special rule for deceased and disabled members.--
''; and
(2) by adding at the end the following new paragraph:
``(3) Special rule for members who receive sole
survivorship discharge.--(A) If a member of the uniformed
services receives a sole survivorship discharge, the
Secretary concerned--
``(i) shall not require repayment by the member of the
unearned portion of any bonus, incentive pay, or similar
benefit previously paid to the member; and
``(ii) may grant an exception to the requirement to
terminate the payment of any unpaid amounts of a bonus,
incentive pay, or similar benefit if the Secretary concerned
determines that termination of the payment of the unpaid
amounts would be contrary to a personnel policy or management
objective, would be against equity and good conscience, or
would be contrary to the best interests of the United States.
``(B) In this paragraph, the term `sole survivorship
discharge' means the separation of a member from the Armed
Forces, at the request of the member, pursuant to the
Department of Defense policy permitting the early separation
of a member who is the only surviving child in a family in
which--
``(i) the father or mother or one or more siblings--
``(I) served in the Armed Forces; and
``(II) was killed, died as a result of wounds, accident, or
disease, is in a captured or missing in action status, or is
permanently 100 percent disabled or hospitalized on a
continuing basis (and is not employed gainfully because of
the disability or hospitalization); and
``(ii) the death, status, or disability did not result from
the intentional misconduct or willful neglect of the parent
or sibling and was not incurred during a period of
unauthorized absence.''.
Subtitle B--Retired Pay Benefits
SEC. 111. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF
RETIRED GRADE OF RESERVE RETIREES TO REFLECT
SERVICE AFTER RETIREMENT.
(a) Recomputation of Retired Pay.--Section 12739 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(e)(1) If a member of the Retired Reserve is recalled to
an active status in the Selected Reserve of the Ready Reserve
under section 10145(d) of this title and completes not less
than two years of service in such active status, the member
is entitled to the recomputation under this section of the
retired pay of the member.
``(2) The Secretary concerned may reduce the two-year
service requirement specified in paragraph (1) in the case of
a member who--
``(A) is recalled to serve in a position of adjutant
general required under section 314 of title 32 or in a
position of assistant adjutant general subordinate to such a
position of adjutant general;
``(B) completes at least six months of service in such
position; and
``(C) fails to complete the minimum two years of service
solely because the appointment of the member to such position
is terminated or vacated as described in section 324(b) of
title 32.''.
[[Page H7156]]
(b) Adjustment of Retired Grade.--Section 12771 of such
title is amended--
(1) by striking ``Unless'' and inserting ``(a) Grade on
Transfer.--Unless''; and
(2) by adding at the end the following new subsection:
``(b) Effect of Subsequent Recall to Active Status.--(1) If
a member of the Retired Reserve who is a commissioned officer
is recalled to an active status in the Selected Reserve of
the Ready Reserve under section 10145(d) of this title and
completes not less than two years of service in such active
status, the member is entitled to an adjustment in the
retired grade of the member in the manner provided in section
1370(d) of this title.
``(2) The Secretary concerned may reduce the two-year
service requirement specified in paragraph (1) in the case of
a member who--
``(A) is recalled to serve in a position of adjutant
general required under section 314 of title 32 or in a
position of assistant adjutant general subordinate to such a
position of adjutant general;
``(B) completes at least six months of service in such
position; and
``(C) fails to complete the minimum two years of service
solely because the appointment of the member to such position
is terminated or vacated as described in section 324(b) of
title 32.''.
(c) Retroactive Applicability.--The amendments made by this
section shall take effect as of January 1, 2008.
SEC. 112. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR
SERVICE UPON RETIREMENT FOR SERVICE IN AN
ACTIVE RESERVE STATUS PERFORMED AFTER ATTAINING
ELIGIBILITY FOR REGULAR RETIREMENT.
(a) Election Authority; Requirements.--Subsection (a) of
section 12741 of title 10, United States Code, is amended to
read as follows:
``(a) Authority to Elect to Receive Reserve Retired Pay.--
(1) Notwithstanding the requirement in paragraph (4) of
section 12731(a) of this title that a person may not receive
retired pay under this chapter when the person is entitled,
under any other provision of law, to retired pay or retainer
pay, a person may elect to receive retired pay under this
chapter, instead of receiving retired or retainer pay under
chapter 65, 367, 571, or 867 of this title, if the person--
``(A) satisfies the requirements specified in paragraphs
(1) and (2) of such section for entitlement to retired pay
under this chapter;
``(B) served in an active status in the Selected Reserve of
the Ready Reserve after becoming eligible for retirement
under chapter 65, 367, 571, or 867 of this title (without
regard to whether the person actually retired or received
retired or retainer pay under one of those chapters); and
``(C) completed not less than two years of satisfactory
service (as determined by the Secretary concerned) in such
active status (excluding any period of active service).
``(2) The Secretary concerned may reduce the minimum two-
year service requirement specified in paragraph (1)(C) in the
case of a person who--
``(A) completed at least six months of service in a
position of adjutant general required under section 314 of
title 32 or in a position of assistant adjutant general
subordinate to such a position of adjutant general; and
``(B) failed to complete the minimum years of service
solely because the appointment of the person to such position
was terminated or vacated as described in section 324(b) of
title 32.''.
(b) Actions to Effectuate Election.--Subsection (b) of such
section is amended by striking paragraph (1) and inserting
the following new paragraph:
``(1) terminate the eligibility of the person to retire
under chapter 65, 367, 571, or 867 of this title, if the
person is not already retired under one of those chapters,
and terminate entitlement of the person to retired or
retainer pay under one of those chapters, if the person was
already receiving retired or retainer pay under one of those
chapters; and''.
(c) Conforming Amendment to Reflect New Variable Age
Requirement for Retirement.--Subsection (d) of such section
is amended--
(1) in paragraph (1), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable
to the person under section 12731(f) of this title''; and
(2) in paragraph (2)(A), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable
to the person under such section''.
(d) Clerical Amendments.--
(1) Section heading.--The heading for section 12741 of such
title is amended to read as follows:
``Sec. 12741. Retirement for service in an active status
performed in the Selected Reserve of the Ready Reserve
after eligibility for regular retirement''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1223 of such title is amended by
striking the item relating to section 12741 and inserting the
following new item:
``12741. Retirement for service in an active status performed in the
Selected Reserve of the Ready Reserve after eligibility
for regular retirement.''.
(e) Retroactive Applicability.--The amendments made by this
section shall take effect as of January 1, 2008.
Subtitle C--Concurrent Receipt of Military Retired Pay and Veterans'
Disability Compensation
SEC. 121. ONE-YEAR EXPANSION OF ELIGIBILITY FOR CONCURRENT
RECEIPT OF MILITARY RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION TO INCLUDE ALL CHAPTER
61 DISABILITY RETIREES REGARDLESS OF DISABILITY
RATING PERCENTAGE OR YEARS OF SERVICE.
(a) Phased Expansion Concurrent Receipt.--Subsection (a) of
section 1414 of title 10, United States Code, is amended to
read as follows:
``(a) Payment of Both Retired Pay and Disability
Compensation.--
``(1) Payment of both required.--
``(A) In general.--Subject to subsection (b), a member or
former member of the uniformed services who is entitled for
any month to retired pay and who is also entitled for that
month to veterans' disability compensation for a qualifying
service-connected disability (in this section referred to as
a `qualified retiree') is entitled to be paid both for that
month without regard to sections 5304 and 5305 of title 38.
``(B) Applicability of full concurrent receipt phase-in
requirement.--During the period beginning on January 1, 2004,
and ending on December 31, 2013, payment of retired pay to a
qualified retiree is subject to subsection (c).
``(C) Phase-in exception for 100 percent disabled
retirees.--The payment of retired pay is subject to
subsection (c) only during the period beginning on January 1,
2004, and ending on December 31, 2004, in the case of the
following qualified retirees:
``(i) A qualified retiree receiving veterans' disability
compensation for a disability rated as 100 percent.
``(ii) A qualified retiree receiving veterans' disability
compensation at the rate payable for a 100 percent disability
by reason of a determination of individual unemployability.
``(D) Temporary phase-in exception for certain chapter 61
disability retirees; termination.--Subject to subsection (b),
during the period beginning on January 1, 2010, and ending on
September 30, 2010, subsection (c) shall not apply to a
qualified retiree described in subparagraph (B) or (C) of
paragraph (2).
``(2) Qualifying service-connected disability defined.--In
this section, the term `qualifying service-connected
disability' means the following:
``(A) In the case of a member or former member receiving
retired pay under any provision of law other than chapter 61
of this title, or under chapter 61 with 20 years or more of
service otherwise creditable under section 1405 or computed
under section 12732 of this title, a service-connected
disability or combination of service-connected disabilities
that is rated as not less than 50 percent disabling by the
Secretary of Veterans Affairs.
``(B) In the case of a member or former member receiving
retired pay under chapter 61 of this title with less than 20
years of service otherwise creditable under section 1405 or
computed under section 12732 of this title, a service-
connected disability or combination of service-connected
disabilities that is rated by the Secretary of Veterans
Affairs at the disabling level specified in one of the
following clauses (and, subject to paragraph (3), is
effective on or after the date specified in the applicable
clause):
``(i) January 1, 2010, rated 100 percent, or a rate payable
at 100 percent by reason of individual unemployability or
rated 90 percent
``(ii) January 1, 2011, rated 80 percent or 70 percent.
``(iii) January 1, 2012, rated 60 percent or 50 percent.
``(C) In the case of a member or former member receiving
retired pay under chapter 61 regardless of years of service,
a service-connected disability or combination of service-
connected disabilities that is rated by the Secretary of
Veterans Affairs at the disabling level specified in one of
the following clauses (and, subject to paragraph (3), is
effective on or after the date specified in the applicable
clause):
``(i) January 1, 2013, rated 40 percent or 30 percent.
``(ii) January 1, 2014, any rating.
``(3) Limited duration.--Notwithstanding the effective date
specified in each clause of subparagraphs (B) and (C) of
paragraph (2), the clause shall apply only if the termination
date specified in subparagraph (D) of paragraph (1) occurs
during or after the calendar year specified in the clause,
except that, eligibility may not extend beyond the
termination date.''.
(b) Conforming Amendment to Special Rules for Chapter 61
Disability Retirees.--Subsection (b) of such section is
amended to read as follows:
``(b) Special Rules for Chapter 61 Disability Retirees When
Eligibility Has Been Established for Such Retirees.--
``(1) General reduction rule.--The retired pay of a member
retired under chapter 61 of this title is subject to
reduction under sections 5304 and 5305 of title 38, but only
to the extent that the amount of the members retired pay
under chapter 61 of this title exceeds the amount of retired
pay to which the member would have been entitled under any
other provision of law based upon the member's service in the
uniformed services if the member had not been retired under
chapter 61 of this title.
``(2) Retirees with fewer than 20 years of service.--
``(A) Before termination date.--If a member with a
qualifying service-connected disability (as defined in
subsection (a)(2)) is retired under chapter 61 of this title
with fewer
[[Page H7157]]
than 20 years of creditable service otherwise creditable
under section 1405 or computed under section 12732 of this
title, and the termination date specified in subsection
(a)(1)(D) has not occurred, the retired pay of the member is
subject to reduction under sections 5304 and 5305 of title
38, but only to the extent that the amount of the member's
retired pay under chapter 61 of this title exceeds the amount
equal to 2\1/2\ percent of the member's years of creditable
service multiplied by the member's retired pay base under
section 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.
``(B) After termination date.--Subsection (a) does not
apply to a member retired under chapter 61 of this title with
less than 20 years of service otherwise creditable under
section 1405 of this title, or with less than 20 years of
service computed under section 12732 of this title, at the
time of the retirement of the member if the termination date
in paragraph (1)(D) of such subsection has occurred.''.
(c) Conforming Amendment to Full Concurrent Receipt Phase-
in.--Subsection (c) of such section is amended by striking
``the second sentence of''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1414. Concurrent receipt of retired pay and veterans'
disability compensation''.
(2) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking
the item related to section 1414 and inserting the following
new item:
``1414. Concurrent receipt of retired pay and veterans' disability
compensation.''.
(e) Effective Date.--The amendments made by this section
shall take effect on January 1, 2010.
TITLE II--FEDERAL EMPLOYEE BENEFITS
Subtitle A--General Provisions
SEC. 201. CREDIT FOR UNUSED SICK LEAVE.
(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.
SEC. 202. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.
(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.
SEC. 203. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.
(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.
SEC. 204. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.
(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:
``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.
(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:
``8422. Deductions from pay; contributions for other service;
deposits.''.
(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.
SEC. 205. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.
(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under
sections 8331(20) or 8401(17) of title 5, United States Code,
for purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
[[Page H7158]]
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.
Subtitle B--Non-Foreign Area Retirement Equity Assurance
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Non-Foreign Area
Retirement Equity Assurance Act of 2009'' or the ``Non-
Foreign AREA Act of 2009''.
SEC. 212. EXTENSION OF LOCALITY PAY.
(a) Locality-Based Comparability Payments.--Section 5304 of
title 5, United States Code, is amended--
(1) in subsection (f)(1), by striking subparagraph (A) and
inserting the following:
``(A) each General Schedule position in the United States,
as defined under section 5921(4), and its territories and
possessions, including the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands, shall be
included within a pay locality;'';
(2) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B) by striking the period and
inserting ``; and''; and
(iii) by adding after subparagraph (B) the following:
``(C) positions under subsection (h)(1)(C) not covered by
appraisal systems certified under section 5382; and''; and
(B) by adding at the end the following:
``(3) The applicable maximum under this subsection shall be
level II of the Executive Schedule for positions under
subsection (h)(1)(C) covered by appraisal systems certified
under section 5307(d).''; and
(3) in subsection (h)(1)--
(A) in subparagraph (B) by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B) the following:
``(C) a Senior Executive Service position under section
3132 or 3151 or a senior level position under section 5376
stationed within the United States, but outside the 48
contiguous States and the District of Columbia in which the
incumbent was an individual who on the day before the date of
enactment of the Non-Foreign Area Retirement Equity Assurance
Act of 2009 was eligible to receive a cost-of-living
allowance under section 5941; and'';
(D) in clause (iv) in the matter following subparagraph
(D), by inserting ``, except for members covered by
subparagraph (C)'' before the semicolon; and
(E) in clause (v) in the matter following subparagraph (D),
by inserting ``, except for members covered by subparagraph
(C)'' before the semicolon.
(b) Allowances Based on Living Costs and Conditions of
Environment.--Section 5941 of title 5, United States Code, is
amended--
(1) in subsection (a), by adding after the last sentence
``Notwithstanding any preceding provision of this subsection,
the cost-of-living allowance rate based on paragraph (1)
shall be the cost-of-living allowance rate in effect on the
date of enactment of the Non-Foreign Area Retirement Equity
Assurance Act of 2009, except as adjusted under subsection
(c).'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
``(b) This section shall apply only to areas that are
designated as cost-of-living allowance areas as in effect on
December 31, 2009.
``(c)(1) The cost-of-living allowance rate payable under
this section shall be adjusted on the first day of the first
applicable pay period beginning on or after--
``(A) January 1, 2010; and
``(B) January 1 of each calendar year in which a locality-
based comparability adjustment takes effect under section 214
(2) and (3) of the Non-Foreign Area Retirement Equity
Assurance Act of 2009.
``(2)(A) In this paragraph, the term `applicable locality-
based comparability pay percentage' means, with respect to
calendar year 2010 and each calendar year thereafter, the
applicable percentage under section 214 (1), (2), or (3) of
Non-Foreign Area Retirement Equity Assurance Act of 2009.
``(B) Each adjusted cost-of-living allowance rate under
paragraph (1) shall be computed by--
``(i) subtracting 65 percent of the applicable locality-
based comparability pay percentage from the cost-of-living
allowance percentage rate in effect on December 31, 2009; and
``(ii) dividing the resulting percentage determined under
clause (i) by the sum of--
``(I) one; and
``(II) the applicable locality-based comparability payment
percentage expressed as a numeral.
``(3) No allowance rate computed under paragraph (2) may be
less than zero.
``(4) Each allowance rate computed under paragraph (2)
shall be paid as a percentage of basic pay (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special
rate of pay under section 5305 or similar provision of
law).''.
SEC. 213. ADJUSTMENT OF SPECIAL RATES.
(a) In General.--Each special rate of pay established under
section 5305 of title 5, United States Code, and payable in
an area designated as a cost-of-living allowance area under
section 5941(a) of that title, shall be adjusted, on the
dates prescribed by section 214 of this subtitle, in
accordance with regulations prescribed by the Director of the
Office of Personnel Management under section 218 of this
subtitle.
(b) Agencies With Statutory Authority.--
(1) In general.--Each special rate of pay established under
an authority described under paragraph (2) and payable in a
location designated as a cost-of-living allowance area under
section 5941(a)(1) of title 5, United States Code, shall be
adjusted in accordance with regulations prescribed by the
applicable head of the agency that are consistent with the
regulations issued by the Director of the Office of Personnel
Management under subsection (a).
(2) Statutory authority.--The authority referred to under
paragraph (1), is any statutory authority that--
(A) is similar to the authority exercised under section
5305 of title 5, United States Code;
(B) is exercised by the head of an agency when the head of
the agency determines it to be necessary in order to obtain
or retain the services of persons specified by statute; and
(C) authorizes the head of the agency to increase the
minimum, intermediate, or maximum rates of basic pay
authorized under applicable statutes and regulations.
(c) Temporary Adjustment.--Regulations issued under
subsection (a) or (b) may provide that statutory limitations
on the amount of such special rates may be temporarily raised
to a higher level during the transition period described in
section 214 ending on the first day of the first pay period
beginning on or after January 1, 2012, at which time any
special rate of pay in excess of the applicable limitation
shall be converted to a retained rate under section 5363 of
title 5, United States Code.
SEC. 214. TRANSITION SCHEDULE FOR LOCALITY-BASED
COMPARABILITY PAYMENTS.
Notwithstanding any other provision of this subtitle or
section 5304 or 5304a of title 5, United States Code, in
implementing the amendments made by this subtitle, for each
non-foreign area determined under section 5941(b) of that
title, the applicable rate for the locality-based
comparability adjustment that is used in the computation
required under section 5941(c) of that title shall be
adjusted effective on the first day of the first pay period
beginning on or after January 1--
(1) in calendar year 2010, by using \1/3\ of the locality
pay percentage for the rest of United States locality pay
area;
(2) in calendar year 2011, by using \2/3\ of the otherwise
applicable comparability payment approved by the President
for each non-foreign area; and
(3) in calendar year 2012 and each subsequent year, by
using the full amount of the applicable comparability payment
approved by the President for each non-foreign area.
SEC. 215. SAVINGS PROVISION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the application of this subtitle to any employee should
not result in a decrease in the take home pay of that
employee;
(2) in calendar year 2012 and each subsequent year, no
employee shall receive less than the Rest of the U.S.
locality pay rate;
(3) concurrent with the surveys next conducted under the
provisions of section 5304(d)(1)(A) of title 5, United States
Code, beginning after the date of the enactment of this Act,
the Bureau of Labor Statistics should conduct separate
surveys to determine the extent of any pay disparity (as
defined by section 5302 of that title) that may exist with
respect to positions located in the State of Alaska, the
State of Hawaii, and the United States territories, including
American Samoa, Guam, Commonwealth of the
[[Page H7159]]
Northern Mariana Islands, Commonwealth of Puerto Rico, and
the United States Virgin Islands;
(4) if the surveys under paragraph (3) indicate that the
pay disparity determined for the State of Alaska, the State
of Hawaii, or any 1 of the United States territories
including American Samoa, Guam, Commonwealth of the Northern
Mariana Islands, Commonwealth of Puerto Rico, and the United
States Virgin Islands exceeds the pay disparity determined
for the locality which (for purposes of section 5304 of that
title) is commonly known as the ``Rest of the United
States'', the President's Pay Agent should take appropriate
measures to provide that each such surveyed area be treated
as a separate pay locality for purposes of that section; and
(5) the President's Pay Agent will establish 1 locality
area for the entire State of Hawaii and 1 locality area for
the entire State of Alaska.
(b) Savings Provisions.--
(1) In general.--During the period described under section
214 of this subtitle, an employee paid a special rate under
5305 of title 5, United States Code, who the day before the
date of enactment of this Act was eligible to receive a cost-
of-living allowance under section 5941 of title 5, United
States Code, and who continues to be officially stationed in
an allowance area, shall receive an increase in the
employee's special rate consistent with increases in the
applicable special rate schedule. For employees in allowance
areas, the minimum step rate for any grade of a special rate
schedule shall be increased at the time of an increase in the
applicable locality rate percentage for the allowance area by
not less than the dollar increase in the locality-based
comparability payment for a non-special rate employee at the
same minimum step provided under section 214 of this
subtitle, and corresponding increases shall be provided for
all step rates of the given pay range.
(2) Continuation of cost of living allowance rate.--If an
employee, who the day before the date of enactment of this
Act was eligible to receive a cost-of-living allowance under
section 5941 of title 5, United States Code, would receive a
rate of basic pay and applicable locality-based comparability
payment which is in excess of the maximum rate limitation set
under section 5304(g) of title 5, United States Code, for his
position (but for that maximum rate limitation) due to the
operation of this subtitle, the employee shall continue to
receive the cost-of-living allowance rate in effect on
December 31, 2009 without adjustment until--
(A) the employee leaves the allowance area or pay system;
or
(B) the employee is entitled to receive basic pay
(including any applicable locality-based comparability
payment or similar supplement) at a higher rate,
but, when any such position becomes vacant, the pay of any
subsequent appointee thereto shall be fixed in the manner
provided by applicable law and regulation.
(3) Locality-based comparability payments.--Any employee
covered under paragraph (2) shall receive any applicable
locality-based comparability payment extended under section
214 of this subtitle which is not in excess of the maximum
rate set under section 5304(g) of title 5, United States
Code, for his position including any future increase to
statutory pay limitations under 5318 of title 5, United
States Code. Notwithstanding paragraph (2), to the extent
that an employee covered under that paragraph receives any
amount of locality-based comparability payment, the cost-of-
living allowance rate under that paragraph shall be reduced
accordingly, as provided under section 5941(c)(2)(B) of title
5, United States Code.
SEC. 216. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.
(a) In General.--
(1) Definition.--In this subsection, the term ``covered
employee'' means--
(A) any employee who--
(i) on the day before the date of enactment of this Act--
(I) was eligible to be paid a cost-of-living allowance
under 5941 of title 5, United States Code; and
(II) was not eligible to be paid locality-based
comparability payments under 5304 or 5304a of that title; or
(ii) on or after the date of enactment of this Act becomes
eligible to be paid a cost-of-living allowance under 5941 of
title 5, United States Code; or
(B) any employee who--
(i) on the day before the date of enactment of this Act--
(I) was eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) was eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) was employed by the Transportation Security
Administration of the Department of Homeland Security and was
eligible to be paid an allowance based on section 5941 of
title 5, United States Code; or
(IV) was eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code; or
(ii) on or after the date of enactment of this Act--
(I) becomes eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) becomes eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) is employed by the Transportation Security
Administration of the Department of Homeland Security and
becomes eligible to be paid an allowance based on section
5941 of title 5, United States Code; or
(IV) is eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code.
(2) Application to covered employees.--
(A) In general.--Notwithstanding any other provision of
law, for purposes of this subtitle (including the amendments
made by this subtitle) any covered employee shall be treated
as an employee to whom section 5941 of title 5, United States
Code (as amended by section 212 of this subtitle), and
section 214 of this subtitle apply.
(B) Pay fixed by statute.--Pay to covered employees under
section 5304 or 5304a of title 5, United States Code, as a
result of the application of this subtitle shall be
considered to be fixed by statute.
(C) Performance appraisal system.--With respect to a
covered employee who is subject to a performance appraisal
system no part of pay attributable to locality-based
comparability payments as a result of the application of this
subtitle including section 5941 of title 5, United States
Code (as amended by section 212 of this subtitle), may be
reduced on the basis of the performance of that employee.
(b) Postal Employees in Non-Foreign Areas.--
(1) In general.--Section 1005(b) of title 39, United States
Code, is amended--
(A) by inserting ``(1)'' after ``(b)'';
(B) by striking ``Section 5941,'' and inserting ``Except as
provided under paragraph (2), section 5941'';
(C) by striking ``For purposes of such section,'' and
inserting ``Except as provided under paragraph (2), for
purposes of section 5941 of that title,''; and
(D) by adding at the end the following:
``(2) On and after the date of enactment of the Non-Foreign
Area Retirement Equity Assurance Act of 2009--
``(A) the provisions of that Act and section 5941 of title
5 shall apply to officers and employees covered by section
1003 (b) and (c) whose duty station is in a nonforeign area;
and
``(B) with respect to officers and employees of the Postal
Service (other than those officers and employees described
under subparagraph (A)) of section 216(b)(2) of that Act
shall apply.''.
(2) Continuation of cost of living allowance.--
(A) In general.--Notwithstanding any other provision of
this subtitle, any employee of the Postal Service (other than
an employee covered by section 1003 (b) and (c) of title 39,
United States Code, whose duty station is in a nonforeign
area) who is paid an allowance under section 1005(b) of that
title shall be treated for all purposes as if the provisions
of this subtitle (including the amendments made by this
subtitle) had not been enacted, except that the cost-of-
living allowance rate paid to that employee--
(i) may result in the allowance exceeding 25 percent of the
rate of basic pay of that employee; and
(ii) shall be the greater of--
(I) the cost-of-living allowance rate in effect on December
31, 2009 for the applicable area; or
(II) the applicable locality-based comparability pay
percentage under section 214.
(B) Rule of construction.--Nothing in this subtitle shall
be construed to--
(i) provide for an employee described under subparagraph
(A) to be a covered employee as defined under subsection (a);
or
(ii) authorize an employee described under subparagraph (A)
to file an election under section 217 of this subtitle.
SEC. 217. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY
COMPUTATION BY EMPLOYEES.
(a) Definition.--In this section the term ``covered
employee'' means any employee--
(1) to whom section 214 applies;
(2) who is separated from service by reason of retirement
under chapter 83 or 84 of title 5, United States Code, during
the period of January 1, 2010, through December 31, 2012; and
(3) who files an election with the Office of Personnel
Management under subsection (b).
(b) Election.--
(1) In general.--An employee described under subsection (a)
(1) and (2) may file an election with the Office of Personnel
Management to be covered under this section.
(2) Deadline.--An election under this subsection may be
filed not later than December 31, 2012.
(c) Computation of Annuity.--
(1) In general.--Except as provided under paragraph (2),
for purposes of the computation of an annuity of a covered
employee any cost-of-living allowance under section 5941 of
title 5, United States Code, paid to that employee during the
first applicable pay period beginning on or after January 1,
2010 through the first applicable pay period ending on or
after December 31, 2012, shall be considered basic pay as
defined under section 8331(3) or 8401(4) of that title.
(2) Limitation.--The amount of the cost-of-living allowance
which may be considered basic pay under paragraph (1) may not
exceed the amount of the locality-based comparability
payments the employee would
[[Page H7160]]
have received during that period for the applicable pay area
if the limitation under section 214 of this subtitle did not
apply.
(d) Civil Service Retirement and Disability Retirement
Fund.--
(1) Employee contributions.--A covered employee shall pay
into the Civil Service Retirement and Disability Retirement
Fund--
(A) an amount equal to the difference between--
(i) employee contributions that would have been deducted
and withheld from pay under section 8334 or 8422 of title 5,
United States Code, during the period described under
subsection (c) of this section if the cost-of-living
allowances described under that subsection had been treated
as basic pay under section 8331(3) or 8401(4) of title 5,
United States Code; and
(ii) employee contributions that were actually deducted and
withheld from pay under section 8334 or 8422 of title 5,
United States Code, during that period; and
(B) interest as prescribed under section 8334(e) of title
5, United States Code, based on the amount determined under
subparagraph (A).
(2) Agency contributions.--
(A) In general.--The employing agency of a covered employee
shall pay into the Civil Service Retirement and Disability
Retirement Fund an amount for applicable agency contributions
based on payments made under paragraph (1).
(B) Source.--Amounts paid under this paragraph shall be
contributed from the appropriation or fund used to pay the
employee.
(3) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this section.
SEC. 218. REGULATIONS.
(a) In General.--The Director of the Office of Personnel
Management shall prescribe regulations to carry out this
subtitle, including--
(1) rules for special rate employees described under
section 213;
(2) rules for adjusting rates of basic pay for employees in
pay systems administered by the Office of Personnel
Management when such employees are not entitled to locality-
based comparability payments under section 5304 of title 5,
United States Code, without regard to otherwise applicable
statutory pay limitations during the transition period
described in section 214 ending on the first day of the first
pay period beginning on or after January 1, 2012; and
(3) rules governing establishment and adjustment of saved
or retained rates for any employee whose rate of pay exceeds
applicable pay limitations on the first day of the first pay
period beginning on or after January 1, 2012.
(b) Other Pay Systems.--With the concurrence of the
Director of the Office of Personnel Management, the
administrator of a pay system not administered by the Office
of Personnel Management shall prescribe regulations to carry
out this subtitle with respect to employees in such pay
system, consistent with the regulations prescribed by the
Office under subsection (a). With respect to employees not
entitled to locality-based comparability payments under
section 5304 of title 5, United States Code, regulations
prescribed under this subsection may provide for special
payments or adjustments for employees who were eligible to
receive a cost-of-living allowance under section 5941 of that
title on the date before the date of enactment of this Act.
SEC. 219. EFFECTIVE DATES.
(a) In General.--Except as provided by subsection (b), this
subtitle (including the amendments made by this subtitle)
shall take effect on the date of enactment of this Act.
(b) Locality Pay and Schedule.--The amendments made by
section 212 and the provisions of section 214 shall take
effect on the first day of the first applicable pay period
beginning on or after January 1, 2010.
TITLE III--DEEPWATER OIL AND GAS RESEARCH AND DEVELOPMENT FUNDING
SOURCE REPEAL
SEC. 301. REPEAL.
Effective October 1, 2010, section 999H of the Energy
Policy Act of 2005 (42 U.S.C. 16378) is amended--
(1) by striking subsections (a), (b), (c), and (f);
(2) by redesignating subsections (d) and (e) as subsections
(a) and (b), respectively;
(3) in subsection (a), as so redesignated, by striking
``obligated from the Fund under subsection (a)(1)'' and
inserting ``available under this section''; and
(4) in subsection (b), as so redesignated, by striking ``In
addition to other amounts that are made available to carry
out this section, there'' and inserting ``There''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Missouri (Mr. Skelton) and the gentleman from South Carolina (Mr.
Wilson) each will control 20 minutes.
The Chair recognizes the gentleman from Missouri.
General Leave
Mr. SKELTON. I ask unanimous consent that all Members have 5
legislative days in which to revise and extend their remarks on then
resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. SKELTON. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 2990, the Disabled Military
Retiree Relief Act of 2009. The disabled veterans tax has, for decades,
prevented retirees from receiving the full benefits they have earned in
military retired pay and veterans disability compensation.
The one group of retirees that have endured great hardship but have
been among the last to be embraced by reform is the disabled retiree
with less than 20 years of service.
This group of retirees has been ignored by even the most reform-
minded advocate until the Democratic Congress acted to include them in
the Combat-Related Special Compensation program when the National
Defense Authorization Act for Fiscal Year 2008 was adopted. And yet
this group of retirees has perhaps the most compelling story to tell.
Many of these servicemembers were on track to serve a full military
career but were blocked from serving 20 years because of their
disabilities. It's this group of retirees that were disabled at younger
ages and often with young families. As a result, they are often the
most financially stressed.
The President took a definitive step forward in support of disabled
retirees with less than 20 years of service when he proposed
legislation in his budget request for fiscal year 2010. The President's
proposal would phase in full concurrent receipt of military retired pay
and VA disability compensation for these deserving veterans over 5
years.
We share the President's view that our veterans and their families,
and particularly disabled retirees with less than 20 years, have made
tremendous sacrifices for our country, but this bill moves us closer to
fulfilling the President's plans and the commitment of Congress to give
disabled veterans full access to the benefits they deserve.
While H.R. 2990 is an important step, we must recognize that it is an
incremental step that reaches only the most severely disabled over the
first year of the President's phased implementation plan. Congress has
been working to find a way to permanently eliminate the disabled
veterans tax for many years, but finding this entitlement program is an
immensely difficult task. I'm grateful to all of my House colleagues
who have worked to find the budget offsets needed to provide this
temporary fix for our veterans. As we pursue this legislation, we will
continue to do all we can to honor our country's debt to our veterans
and their families.
I would note that H.R. 2990 also includes a number of valuable
changes that enhance the Federal civilian retirement benefits. In
addition, the bill extends expiring authorities concerning a wide
variety of bonuses and special pays that are critical to military
recruiting and retention.
H.R. 2990 is a good bill. It's an important bill that supports the
President's initiative regarding disabled retirees and fulfills the
longstanding commitment of Congress to provide for the welfare of
disabled veterans.
There still remains much to be done to find a permanent solution, and
this bill provides the framework for our future action. Our veterans
have never quit on America, and you can be certain that we will never
quit on our veterans. I urge my colleagues to support the Disabled
Military Retiree Relief Act of 2009.
I reserve the balance of my time.
Mr. WILSON of South Carolina. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, I rise to support H.R. 2990, the Disabled Military
Retiree Relief Act of 2009. This bill has a number of good provisions
dealing with military and civilian personnel, which I appreciate as a
31-year Army National Guard veteran representing Parris Island, the
Marine Corps Air Station at Beaufort, the Beaufort Naval Hospital, and
Fort Jackson.
I want to focus on one section of the bill that would provide
concurrent receipt of Department of Defense disability pay and Veterans
Administration disability pay to a small number of people discharged
from the services with less than 20 years' service because of injuries
sustained while in the service.
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This section, which is but a ghost of the proposal submitted by
President Obama, is a small but important step in expanding the
population eligible for full concurrent receipt. I'm glad some progress
is being made.
What troubles and disappoints me most, however, is that this bill,
which will be attached to the National Defense Authorization Act for
2010, could have done so much more had the Democratic leadership of the
House made elimination of concurrent receipt and elimination of the
widow's tax a priority from the beginning of this Congress.
Instead, we were unable to even debate my amendment at the full
committee markup of the Defense Authorization dealing with concurrent
receipt, the elimination of the Survivor Benefit Plan and Dependency
and Indemnity Compensation offset is a widow's tax, the extension of
health care to early retiring Reserve component members, and the use of
the misnamed Reserve Fund in the budget resolution.
I would note that since the introduction of the amendment, the
Democratic leadership has found a way to fund H.R. 2990, using
resources and dollars outside the House Armed Services Committee
jurisdiction to provide for just 9 months of very limited concurrent
receipt for disabled military retirees.
While that is a step forward to eliminating some of the injustice
inflicted on disabled retirees, it does nothing to cure the injustice
still being suffered by most persons losing their rightly earned
benefits because of the remaining concurrent receipt prohibitions.
Had the House leadership seen eliminating these injustices as a
priority, they could have allocated a small percentage--less than 1
percent--necessary in the $15 trillion they provided for government
spending in 2010 to 2014. Or, they could have used the Reserve Fund
authority as proposed in my amendment.
{time} 1115
Instead we must settle for a small pittance for a small group of
retirees. I hope that since the authority for this limited concurrent
receipt is for only 9 months, that the Democratic leadership makes
resolving all the concurrent receipt and SBP-DIC offset injustices a
real, not a symbolic, priority next year. As a Nation, we owe more than
our gratitude to the brave men and women in uniform and their families,
past and present, for the sacrifices they make to protect our freedoms.
I know firsthand of the courage of our troops. My late father-in-law
Julian Dusenbury, a dedicated Marine, was awarded the Navy Cross for
leading the capture of the Japanese headquarters of Shuri Castle in
Okinawa. He was shot by a sniper, resulting in his being in a
wheelchair for the rest of his life. He was grateful to have served
America.
With that, Madam Speaker, I yield as much time as he may consume to
the gentleman from Georgia, Dr. Broun.
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