[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5713-S5714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6184. Mr. TESTER (for himself and Ms. Collins) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. _____. FIRST RESPONDER FAIR RETIREMENT.
(a) 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
section); 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.
(b) Retirement for Certain Employees.--
(1) 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 performing official duties, 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 covered position held by the
employee, 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; and
``(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) Creditable service by an 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, unless--
``(i) the affected individual files an election described
in subparagraph (C);
``(ii) there is a break in service exceeding 3 days before
the affected individual transitions to the position described
in subparagraph (A)(i)(IV); or
``(iii) the service occurs after the affected individual--
``(I) is transferred to a supervisory or administrative
position related to the activities of the former covered
position of the affected individual; or
``(II) meets the age and service requirements that would
subject the individual to mandatory separation under section
8335 if the affected individual had remained in the former
covered position.
``(C) 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).
``(D) Nothing in this paragraph shall be construed to apply
to an affected individual any other pay-related laws or
regulations applicable to a covered position.''.
(2) FERS.--
(A) In general.--Section 8412(d) of title 5, United States
Code, is amended--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(ii) by inserting ``(1)'' before ``An employee''; and
(iii) 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 performing official duties, 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 covered position held by the
employee, 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) Creditable service by an 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, unless--
``(i) the affected individual files an election described
in subparagraph (C);
``(ii) there is a break in service exceeding 3 days before
the affected individual transitions to the position described
in subparagraph (A)(i)(IV); or
``(iii) the service occurs after the affected individual--
``(I) is transferred to a supervisory or administrative
position related to the activities of the former covered
position of the affected individual; or
``(II) meets the age and service requirements that would
subject the affected individual to mandatory separation under
section 8425 if the affected individual had remained in the
former covered position.
``(C) 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).
``(D) Nothing in this paragraph shall be construed to apply
to an affected individual any other pay-related laws or
regulations applicable to a covered position.''.
(B) Technical and conforming amendments.--
(i) 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--
(aa) in subsection (e), in the matter preceding paragraph
(1), by inserting ``(1)'' after ``subsection (d)''; and
(bb) 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)''.
(ii) 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)''.
(3) 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 performing official duties 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 covered position held by the
employee, as determined by the Director; and
``(iv) is appointed to a position in the civil service
within the Agency that is not a covered position; 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;
[[Page S5714]]
``(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.--Creditable
service by an 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 the pay of the affected employee
under section 8422 of title 5, United States Code, unless--
``(A) the affected employee files an election described in
paragraph (3);
``(B) there is a break in service exceeding 3 days before
the affected employee transitions to the position described
in paragraph (1)(A)(iv); or
``(C) the service occurs after the affected employee is
transferred to a supervisory or administrative position
related to the activities of the former covered position of
the affected employee.
``(3) 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).''.
(4) 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 performing official duties 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 as a special agent, 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) Creditable service by an 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, unless--
``(I) the affected special agent files an election
described in clause (iii);
``(II) there is a break in service exceeding 3 days before
the special agent transitions to a position described in
clause (i)(I)(dd); or
``(III) the service occurs after the affected special agent
is transferred to a supervisory or administrative position
related to the activities of the former covered position of
the affected special agent.
``(iii) 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).''.
(5) Implementation.--
(A) 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 paragraphs (1) and (2).
(B) CIA employees.--The Director of the Central
Intelligence Agency shall promulgate regulations to carry out
the amendment made by subsection (c).
(C) Foreign service retirement and disability system.--The
Secretary of State shall promulgate regulations to carry out
the amendment made by paragraph (4).
(D) Agency certification.--The regulations promulgated to
carry out the amendments made by this section shall include a
requirement that the head of the agency at which an affected
individual, affected employee, or affected special agent (as
the case may be) incurred the applicable illness or injury
certifies that such illness or injury--
(i) was incurred in the course of performing official
duties; and
(ii) permanently precludes the affected individual,
affected employee, or affected special agent from rendering
useful and efficient service in the covered position but
would not preclude the affected individual, affected
employee, or affected special agent from continuing to serve
in the Federal service.
(E) Agency reappointment.--The regulations promulgated to
carry out the amendments made by this section shall ensure
that, to the greatest extent possible, the head of each
agency appoints an affected individual, affected employee, or
affected special agent to a supervisory or administrative
position related to the activities of the former covered
position of the affected individual, affected employee, or
affected special agent.
(F) Treatment of service.--The regulations promulgated to
carry out the amendments made by this section shall ensure
that the creditable service of an affected individual,
affected employee, or affected 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 affected
individual, affected employee, or affected special agent
suffered the qualifying illness or injury.
(6) Effective date; applicability.--The amendments made by
this section--
(A) shall take effect on the date of enactment of this Act;
and
(B) 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 subsection, section 302(d)(1)(A)(ii) of the
Central Intelligence Agency Retirement Act, as amended by
this subsection, or section 806(a)(6)(D)(i)(I)(bb) of the
Foreign Service Act of 1980, as amended by this subsection,
on or after the date that is 2 years after the date of
enactment of this Act.
______