[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.
                                 ______