[Congressional Record Volume 168, Number 101 (Tuesday, June 14, 2022)]
[Senate]
[Page S2936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        AIR AMERICA ACT OF 2021

  Ms. HASSAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 370, S. 407.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 407) to provide redress to the employees of Air 
     America.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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.

  Ms. HASSAN. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to; that the bill, as 
amended, be considered read a third time and passed; and that the 
motion to reconsider be considered made and laid upon the table, with 
no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 407), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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