[Congressional Record Volume 168, Number 114 (Tuesday, July 12, 2022)]
[House]
[Pages H5955-H5959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FIRST RESPONDER FAIR RETURN FOR EMPLOYEES ON THEIR INITIAL RETIREMENT
EARNED ACT
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I move to suspend
the rules and pass the bill (H.R. 521) to permit disabled law
enforcement officers, customs and border protection officers,
firefighters, air traffic controllers, nuclear materials couriers,
members of the Capitol Police, members of the Supreme Court Police,
employees of the Central Intelligence Agency performing intelligence
activities abroad or having specialized security requirements, and
diplomatic security special agents of the Department of State to
receive retirement benefits in the same manner as if they had not been
disabled, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 521
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 ``First Responder Fair Return
for Employees on Their Initial Retirement Earned Act'' or the
``First Responder Fair RETIRE Act''.
[[Page H5956]]
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the best national and homeland security
interests of the United States for Federal agencies to retain
the specialized knowledge and experience of individuals who
suffer an injury or illness while serving in a covered
position (as defined under the amendments made by this Act);
and
(2) Federal agencies should ensure, to the greatest extent
possible, that an individual who can no longer carry out the
duties of a covered position, and is reappointed to a
position in the civil service that is not a covered position,
is reappointed within the same Federal agency, in the same
geographic location, and at a level of pay commensurate to
the position which the individual held immediately prior to
such injury or illness.
SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES.
(a) CSRS.--Section 8336(c) of title 5, United States Code,
is amended by adding at the end the following:
``(3)(A) In this paragraph--
``(i) the term `affected individual' means an individual
covered under this subchapter who--
``(I) is performing service in a covered position;
``(II) while on duty, becomes ill or is injured as a direct
result of the performance of such duties before the date on
which the individual becomes entitled to an annuity under
paragraph (1) of this subsection or subsection (e), (m), or
(n), as applicable;
``(III) because of the illness or injury described in
subclause (II), is permanently unable to render useful and
efficient service in the employee's covered position, as
determined by the agency in which the individual was serving
when such individual incurred the illness or injury; and
``(IV) is appointed to a position in the civil service
that--
``(aa) is not a covered position; and
``(bb) is within an agency that regularly appoints
individuals to supervisory or administrative positions
related to the activities of the former covered position of
the individual;
``(ii) the term `covered position' means a position as a
law enforcement officer, customs and border protection
officer, firefighter, air traffic controller, nuclear
materials courier, member of the Capitol Police, or member of
the Supreme Court Police.
``(B) Unless an affected individual files an election
described in subparagraph (E), creditable service by the
affected individual in a position described in subparagraph
(A)(i)(IV) shall be treated as creditable service in a
covered position for purposes of this chapter and determining
the amount to be deducted and withheld from the pay of the
affected individual under section 8334.
``(C) Subparagraph (B) shall only apply if the affected
employee transitions to a position described in subparagraph
(A)(i)(IV) without a break in service exceeding 3 days.
``(D) The service of an affected individual shall no longer
be eligible for treatment under subparagraph (B) if such
service occurs after the individual--
``(i) is transferred to a supervisory or administrative
position related to the activities of the former covered
position of the individual; or
``(ii) meets the age and service requirements that would
subject the individual to mandatory separation under section
8335 if such individual had remained in the former covered
position.
``(E) In accordance with procedures established by the
Director of the Office of Personnel Management, an affected
individual may file an election to have any creditable
service performed by the affected individual treated in
accordance with this chapter without regard to subparagraph
(B).
``(F) Nothing in this paragraph shall be construed to apply
to such affected individual any other pay-related laws or
regulations applicable to a covered position.''.
(b) FERS.--
(1) In general.--Section 8412(d) of title 5, United States
Code, is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' before ``An employee''; and
(C) by adding at the end the following:
``(2)(A) In this paragraph--
``(i) the term `affected individual' means an individual
covered under this chapter who--
``(I) is performing service in a covered position;
``(II) while on duty, becomes ill or is injured as a direct
result of the performance of such duties before the date on
which the individual becomes entitled to an annuity under
paragraph (1) of this subsection or subsection (e), as
applicable;
``(III) because of the illness or injury described in
subclause (II), is permanently unable to render useful and
efficient service in the employee's covered position, as
determined by the agency in which the individual was serving
when such individual incurred the illness or injury; and
``(IV) is appointed to a position in the civil service
that--
``(aa) is not a covered position; and
``(bb) is within an agency that regularly appoints
individuals to supervisory or administrative positions
related to the activities of the former covered position of
the individual;
``(ii) the term `covered position' means a position as a
law enforcement officer, customs and border protection
officer, firefighter, air traffic controller, nuclear
materials courier, member of the Capitol Police, or member of
the Supreme Court Police.
``(B) Unless an affected individual files an election
described in subparagraph (E), creditable service by the
affected individual in a position described in subparagraph
(A)(i)(IV) shall be treated as creditable service in a
covered position for purposes of this chapter and determining
the amount to be deducted and withheld from the pay of the
affected individual under section 8422.
``(C) Subparagraph (B) shall only apply if the affected
employee transitions to a position described in subparagraph
(A)(i)(IV) without a break in service exceeding 3 days.
``(D) The service of an affected individual shall no longer
be eligible for treatment under subparagraph (B) if such
service occurs after the individual--
``(i) is transferred to a supervisory or administrative
position related to the activities of the former covered
position of the individual; or
``(ii) meets the age and service requirements that would
subject the individual to mandatory separation under section
8425 if such individual had remained in the former covered
position.
``(E) In accordance with procedures established by the
Director of the Office of Personnel Management, an affected
individual may file an election to have any creditable
service performed by the affected individual treated in
accordance with this chapter without regard to subparagraph
(B).
``(F) Nothing in this paragraph shall be construed to apply
to such affected individual any other pay-related laws or
regulations applicable to a covered position.''.
(2) Technical and conforming amendments.--
(A) Chapter 84 of title 5, United States Code, is amended--
(i) in section 8414(b)(3), by inserting ``(1)'' after
``subsection (d)'';
(ii) in section 8415--
(I) in subsection (e), in the matter preceding paragraph
(1), by inserting ``(1)'' after ``subsection (d)''; and
(II) in subsection (h)(2)(A), by striking ``(d)(2)'' and
inserting ``(d)(1)(B)'';
(iii) in section 8421(a)(1), by inserting ``(1)'' after
``(d)'';
(iv) in section 8421a(b)(4)(B)(ii), by inserting ``(1)''
after ``section 8412(d)'';
(v) in section 8425, by inserting ``(1)'' after ``section
8412(d)'' each place it appears; and
(vi) in section 8462(c)(3)(B)(ii), by inserting ``(1)''
after ``subsection (d)''.
(B) Title VIII of the Foreign Service Act of 1980 (22
U.S.C. 4041 et seq.) is amended--
(i) in section 805(d)(5) (22 U.S.C. 4045(d)(5)), by
inserting ``(1)'' after ``or 8412(d)''; and
(ii) in section 812(a)(2)(B) (22 U.S.C. 4052(a)(2)(B)), by
inserting ``(1)'' after ``or 8412(d)''.
(c) CIA Employees.--Section 302 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2152) is amended by adding
at the end the following:
``(d) Employees Disabled on Duty.--
``(1) Definitions.--In this subsection--
``(A) the term `affected employee' means an employee of the
Agency covered under subchapter II of chapter 84 of title 5,
United States Code, who--
``(i) is performing service in a position designated under
subsection (a);
``(ii) while on duty in the position designated under
subsection (a), becomes ill or is injured as a direct result
of the performance of such duties before the date on which
the employee becomes entitled to an annuity under section 233
of this Act or section 8412(d)(1) of title 5, United States
Code;
``(iii) because of the illness or injury described in
clause (ii), is permanently unable to render useful and
efficient service in the employee's covered position, as
determined by the Director; and
``(iv) is appointed to a position in the civil service that
is not a covered position but is within the Agency; and
``(B) the term `covered position' means a position as--
``(i) a law enforcement officer described in section
8331(20) or 8401(17) of title 5, United States Code;
``(ii) a customs and border protection officer described in
section 8331(31) or 8401(36) of title 5, United States Code;
``(iii) a firefighter described in section 8331(21) or
8401(14) of title 5, United States Code;
``(iv) an air traffic controller described in section
8331(30) or 8401(35) of title 5, United States Code;
``(v) a nuclear materials courier described in section
8331(27) or 8401(33) of title 5, United States Code;
``(vi) a member of the United States Capitol Police;
``(vii) a member of the Supreme Court Police;
``(viii) an affected employee; or
``(ix) a special agent described in section 804(15) of the
Foreign Service Act of 1980 (22 U.S.C. 4044(15)).
``(2) Treatment of service after disability.--Unless an
affected employee files an election described in paragraph
(3), creditable service by the affected employee in a
position described in paragraph (1)(A)(iv) shall be treated
as creditable service in a covered position for purposes of
this Act and chapter 84 of title 5, United States Code,
including eligibility for an annuity under section 233 of
this Act or 8412(d)(1) of title 5, United States Code, and
determining the amount to be deducted and withheld from
[[Page H5957]]
the pay of the affected employee under section 8422 of title
5, United States Code.
``(3) Break in service.--Paragraph (2) shall only apply if
the affected employee transitions to a position described in
paragraph (1)(A)(iv) without a break in service exceeding 3
days.
``(4) Limitation on treatment of service.--The service of
an affected employee shall no longer be eligible for
treatment under paragraph (2) if such service occurs after
the employee is transferred to a supervisory or
administrative position related to the activities of the
former covered position of the employee.
``(5) Opt out.--An affected employee may file an election
to have any creditable service performed by the affected
employee treated in accordance with chapter 84 of title 5,
United States Code, without regard to paragraph (2).''.
(d) Foreign Service Retirement and Disability System.--
Section 806(a)(6) of the Foreign Service Act of 1980 (22
U.S.C. 4046(a)(6)) is amended by adding at the end the
following:
``(D)(i) In this subparagraph--
``(I) the term `affected special agent' means an individual
covered under this subchapter who--
``(aa) is performing service as a special agent;
``(bb) while on duty as a special agent, becomes ill or is
injured as a direct result of the performance of such duties
before the date on which the individual becomes entitled to
an annuity under section 811;
``(cc) because of the illness or injury described in item
(bb), is permanently unable to render useful and efficient
service in the employee's covered position, as determined by
the Secretary; and
``(dd) is appointed to a position in the Foreign Service
that is not a covered position; and
``(II) the term `covered position' means a position as--
``(aa) a law enforcement officer described in section
8331(20) or 8401(17) of title 5, United States Code;
``(bb) a customs and border protection officer described in
section 8331(31) or 8401(36) of title 5, United States Code;
``(cc) a firefighter described in section 8331(21) or
8401(14) of title 5, United States Code;
``(dd) an air traffic controller described in section
8331(30) or 8401(35) of title 5, United States Code;
``(ee) a nuclear materials courier described in section
8331(27) or 8401(33) of title 5, United States Code;
``(ff) a member of the United States Capitol Police;
``(gg) a member of the Supreme Court Police;
``(hh) an employee of the Agency designated under section
302(a) of the Central Intelligence Agency Retirement Act (50
U.S.C. 2152(a)); or
``(ii) a special agent.
``(ii) Unless an affected special agent files an election
described in clause (iv), creditable service by the affected
special agent in a position described in clause (i)(I)(dd)
shall be treated as creditable service as a special agent for
purposes of this subchapter, including determining the amount
to be deducted and withheld from the pay of the individual
under section 805.
``(iii) Clause (ii) shall only apply if the special agent
transitions to a position described in clause (i)(I)(dd)
without a break in service exceeding 3 days.
``(iv) The service of an affected employee shall no longer
be eligible for treatment under clause (ii) if such service
occurs after the employee is transferred to a supervisory or
administrative position related to the activities of the
former covered position of the employee.
``(v) In accordance with procedures established by the
Secretary, an affected special agent may file an election to
have any creditable service performed by the affected special
agent treated in accordance with this subchapter, without
regard to clause (ii).''.
(e) Implementation.--
(1) Office of personnel management.--Not later than 1 year
after the date of enactment of this Act, the Director of the
Office of Personnel Management shall promulgate regulations
to carry out the amendments made by subsections (a) and (b).
(2) CIA employees.--The Director of the Central
Intelligence Agency shall promulgate regulations to carry out
the amendment made by subsection (c).
(3) Foreign service retirement and disability system.--The
Secretary of State shall promulgate regulations to carry out
the amendment made by subsection (d).
(4) Agency certification.--The regulations promulgated to
carry out the amendments made by this Act shall include a
requirement that the head of the agency at which an affected
employee or special agent (as the case may be) incurred the
applicable illness or injury certifies that such illness or
injury--
(A) was incurred in the course of the employee's or special
agent's duties; and
(B) permanently precludes the employee or special agent
from rendering useful and efficient service in the covered
position but would not preclude the employee or special agent
from continuing to serve in the Federal service.
(5) Agency reappointment.--The regulations promulgated to
carry out the amendments made by this Act shall ensure that,
to the greatest extent possible, the head of each agency
appoints affected employees or special agents to supervisory
or administrative positions related to the activities of the
former covered position of the employee or special agent.
(6) Treatment of service.--The regulations promulgated to
carry out the amendments made by this Act shall ensure that
the creditable service of an affected employee or special
agent (as the case may be) that is not in a covered position
pursuant to an election made under such amendments shall be
treated as the same type of service as the covered position
in which the employee or agent suffered the qualifying
illness or injury.
(f) Effective Date; Applicability.--The amendments made by
this Act--
(1) shall take effect on the date of enactment of this Act;
and
(2) shall apply to an individual who suffers an illness or
injury described in section 8336(c)(3)(A)(i)(II) or section
8412(d)(2)(A)(i)(II) of title 5, United States Code, as
amended by this section, section 302(d)(1)(A)(ii) of the
Central Intelligence Agency Retirement Act, as amended by
this section, or section 806(a)(6)(D)(i)(I)(bb) of the
Foreign Service Act of 1980, as amended by this section, on
or after the date that is 2 years after the date of enactment
of this Act.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New York (Mrs. Carolyn B. Maloney) and the gentleman from Pennsylvania
(Mr. Keller) each will control 20 minutes.
The Chair recognizes the gentlewoman from New York.
General Leave
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I ask unanimous
consent that all Members have 5 legislative days in which to revise and
extend their remarks and include extraneous material on the measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 521, the First
Responder Fair RETIRE Act, which was introduced by the chairman of the
Government Operations Subcommittee, Representative Connolly, along with
Representatives Fitzpatrick and Langevin.
This bipartisan bill makes an important change to the law governing
certain retirement programs which cover Federal first responders and
law enforcement officials in the event that they become disabled on the
job and continue government service in a different capacity.
Currently, these Federal employees are enrolled in and pay into a
system with mandatory retirement at the age of 57, or after 20 years of
service. This system also requires greater retirement contributions
from the employee.
Under current law, when these employees become injured and disabled
in the course of their work--which is inherently dangerous--they lose
the benefits they earned before they became disabled.
H.R. 521 would allow employees in positions covered by enhanced
retirement programs to retain their original benefits if they are
injured and disabled on the job and choose to continue working for the
Federal Government.
{time} 1500
The employees covered under this bill include law enforcement
officers, firefighters, nuclear materials couriers, and diplomatic
security special agents. These are, by definition, high-risk jobs.
Denying them the retirement that they were guaranteed when they entered
public service is deeply unfair.
The men and women who sign up for dangerous jobs to serve our Nation
should not be punished if they sustain injuries on the job--especially
when, despite these injuries, they choose to continue their career in
public service in a new capacity. These people should be rewarded, not
punished.
I commend Chairman Connolly for his leadership on this bill which
enjoys bipartisan support in both the House and Senate.
Mr. Speaker, I urge my colleagues to join me in supporting this
important
[[Page H5958]]
bill, and I reserve the balance of my time.
Mr. KELLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, our Federal law enforcement and safety officers should
not have to risk losing their retirement benefits if they are disabled
in the line of duty. Likewise, Federal agencies should not lose
talented employees who could otherwise continue their service in an
alternative capacity.
Fortunately, this narrowly tailored bill fixes a technological flaw
for Federal law enforcement officers who are injured on the job. The
First Responder Fair RETIRE Act gives disabled public safety officers
the option to continue serving their country in a different capacity.
This bill covers first responders, including special agents, Customs
and Border Protection officers, firefighters, air traffic controllers,
nuclear materials couriers, CIA agents, and members of the Capitol
Police and Supreme Court Police.
To be clear, H.R. 521 only applies to injuries sustained while on
duty and as a direct result of the performance of such duties.
Moreover, it only applies to officers who choose to continue Federal
service and continue to pay into the accelerated annuity system as they
did prior to their injury. If they leave Federal service, they are not
eligible for this benefit.
In conclusion, the First Responder Fair RETIRE Act ensures that our
Federal law enforcement officers are not penalized when they make
sacrifices in service to our Nation. H.R. 521 will also ensure the
Federal Government agencies who employ these American heroes are able
to retain their talent and skills for continued public service.
Mr. Speaker, I am honored to support this bill, I urge my colleagues
to do the same.
Mr. Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield such time
as he may consume to the distinguished gentleman from Virginia (Mr.
Connolly), who is the chairman of the Subcommittee on Government
Operations.
Mr. CONNOLLY. Mr. Speaker, I thank my friend, the chairwoman of the
full committee, and my friend, Mr. Keller from Pennsylvania, for their
strong support for righting a wrong.
Federal firefighters and law enforcement officers put their lives on
the line every day for us. America depends on brave men and women to
serve in these demanding, arduous, and hazardous duty positions. These
individuals face the very real daily potential that an on-the-job
injury could leave them disabled and unable to return to their previous
service.
Given the hazardous nature of the job required of Federal first
responders, Congress recognized that risk and created an accelerated
retirement system for these positions and established a mandatory
retirement age of 57.
Referred to as 6(c) for the section of the law in which this system
was created, Federal first responders are qualified for an annuity
after serving 20 years and reaching the age of 50. They pay a greater
percentage of their salaries into this retirement system, and their
annuity amount is calculated at a higher rate than other Federal
employees recognizing the risks they take.
Unfortunately, not all Federal first responders can complete those 20
years of service. In cases where Federal first responders become
injured and are no longer able to complete the essential functions of
their jobs, they can be placed in civil service positions that don't
qualify for 6(c) benefits. Any Federal first responder transferred to
the FERS retirement system loses their eligibility to retire after 20
years of service no matter how many years they have got in the system
or how much they paid into it.
Additionally, the employee is not reimbursed for the higher
contributions required of them to be in the 6(c) system. The years of
service are credited as if the Federal first responder who is injured
had been in the normal 30-year retirement system for the Federal
employees.
The First Responder Fair RETIRE Act offers a correction to current
law and rights this wrong, authorizing Federal first responders to stay
in 6(c) retirement if they are placed in a position outside of that
system after returning to work from a duty-related injury. The bill
also allows those employees to receive a refund of their accelerated
contributions should they be separated from service.
The First Responder Fair RETIRE Act allows the Federal Government to
uphold the retirement promise it made to its first responders. These
first responders are Capitol Police officers, Secret Service agents,
and other Federal law enforcement officers and firefighters across
numerous Federal agencies.
For example, Bob Beckley was a smokejumper out West with the U.S.
Forest Service. He parachuted out of a plane in 1985, and he landed in
a tree in the Selway-Bitterroot Wilderness area in Idaho trying to stop
a blaze. The tree's branches broke, dropping Mr. Beckley 80 feet and
breaking his back in five places. He died twice before he could be
revived and evacuated.
After--thank God--his recovery, Mr. Beckley, 10 years into his
firefighting career, chose to work for the Forest Service in another
position, but the reward for his bravery, his injury, and his service
was his removal from the 6(c) retirement system. He watched his
firefighter brothers and sisters all retire with full benefits at the
20-year mark that he no longer qualified for.
I will also highlight the story of Justin Moore, a U.S. Capitol
Police officer right here in the U.S. Capitol. He was severely injured
by being beaten right here in this Capitol on January 6. I heard
firsthand from Justin and his colleagues about their heroism defending
each and every one of us from a violent mob. Justin was beaten from
behind with a blunt object suffering severe concussions, contusions,
and several crushed vertebrae in his neck. In just a few weeks, Justin
will undergo what is likely career-ending surgery. He may no longer be
physically able to perform his law enforcement duties. Seventeen years
into his career, Justin--a veteran and father of three--will lose the
retirement benefits he has paid into when he is reassigned to a
civilian position just 3 years short of qualifying.
We want to incentivize our first responders to continue their service
to this Nation. We shouldn't punish them for injuries they sustained
protecting us, and we should reward their actions with continued
inclusion in the retirement system they signed up for at the start of
their service.
This bill is endorsed by the Federal Law Enforcement Officers
Association, the National Fraternal Order of Police, the National
Federation of Federal Employees, the International Association of
Firefighters, the National Association of Police Organizations, the
National Treasury Employees Union, and the Senior Executive
Association.
Mr. Speaker, I thank our 22 bipartisan cosponsors, and, in
particular, my original cosponsors: Brian Fitzpatrick and James
Langevin. I thank the chairwoman for her leadership and support on this
important endeavor.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, if the gentleman
from Pennsylvania has no further speakers, I am prepared to close, and
I reserve the balance of my time.
Mr. KELLER. Mr. Speaker, I have no further speakers, and I am
prepared to close.
Mr. Speaker, I am honored to help advance the First Responder Fair
RETIRE Act through the House. This legislation ensures that our Federal
law enforcement and public safety officers can continue their service
to our Nation after being injured in the line of duty.
Mr. Speaker, I urge my colleagues to support this bipartisan bill,
and I yield back the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I urge passage of
H.R. 521, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New York (Mrs. Carolyn B. Maloney) that the House
suspend the rules and pass the bill, H.R. 521, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOOD of Virginia. Mr. Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
[[Page H5959]]
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________