[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S7886]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4364. Mr. RUBIO (for himself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. AIR AMERICA.

       (a) Short Title.--This section may be cited as the ``Air 
     America Act of 2021''.
       (b) 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.
       (c) 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.
       (d) 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.
       (e) 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.
       (f) 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.
       (g) 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 
     subsection (h) of the Air America Act of 2021'' for ``30 
     years after the death or other event which gives rise to 
     title to the benefit''.
       (h) 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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