[Congressional Record (Bound Edition), Volume 155 (2009), Part 11]
[Senate]
[Pages 14214-14256]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1274. Mr. LIEBERMAN (for himself and Mr. Graham) submitted an 
amendment intended to be proposed by him to the bill H.R. 1256, to 
protect the public health by providing the Food and Drug Administration 
with certain authority to regulate tobacco products, to amend title 5, 
United States Code, to make certain modifications in the Thrift Savings 
Plan, the Civil Service Retirement System, and the Federal Employees' 
Retirement System, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of division B, add the following:

          TITLE ___--DETAINEE PHOTOGRAPHIC RECORDS PROTECTION

     SEC. ___. DETAINEE PHOTOGRAPHIC RECORDS PROTECTION.

       (a) Short Title.--This section may be cited as the 
     ``Detainee Photographic Records Protection Act of 2009''.
       (b) Definitions.--In this section:
       (1) Covered record.--The term ``covered record'' means any 
     record--
       (A) that is a photograph that--
       (i) was taken during the period beginning on September 11, 
     2001, through January 22, 2009; and
       (ii) relates to the treatment of individuals engaged, 
     captured, or detained after September 11, 2001, by the Armed 
     Forces of the United States in operations outside of the 
     United States; and
       (B) for which a certification by the Secretary of Defense 
     under subsection (c) is in effect.
       (2) Photograph.--The term ``photograph'' encompasses all 
     photographic images, whether originals or copies, including 
     still photographs, negatives, digital images, films, video 
     tapes, and motion pictures.
       (c) Certification.--
       (1) In general.--For any photograph described under 
     subsection (b)(1)(A), the Secretary of Defense shall submit a 
     certification to the President, if the Secretary of Defense, 
     in consultation with the Chairman of the Joint Chiefs of 
     Staff, determines that the disclosure of that photograph 
     would endanger--
       (A) citizens of the United States; or
       (B) members of the Armed Forces or employees of the United 
     States Government deployed outside the United States.
       (2) Certification expiration.--A certification submitted 
     under paragraph (1) and a renewal of a certification 
     submitted under paragraph (3) shall expire 3 years after the 
     date on which the certification or renewal, as the case may 
     be, is submitted to the President.
       (3) Certification renewal.--The Secretary of Defense may 
     submit to the President--
       (A) a renewal of a certification in accordance with 
     paragraph (1) at any time; and
       (B) more than 1 renewal of a certification.
       (4) Notice to congress.--A timely notice of the Secretary's 
     certification shall be submitted to Congress.
       (d) Nondisclosure of Detainee Records.--A covered record 
     shall not be subject to--
       (1) disclosure under section 552 of title 5, United States 
     Code (commonly referred to as the Freedom of Information 
     Act); or
       (2) disclosure under any proceeding under that section.
       (e) Rule of Construction.--Nothing in ths section shall be 
     construed to preclude the voluntary disclosure of a covered 
     record.
       (f) Effective Date.--This section shall take effect on the 
     date of enactment of this Act and apply to any photograph 
     created before, on, or after that date that is a covered 
     record.
                                 ______
                                 
  SA 1275. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to 
protect the public health by providing the Food and Drug Administration 
with certain authority to regulate tobacco products, to amend title 5, 
United States Code, to make certain modifications in the Thrift Saving 
Plan, the Civil Service Retirement System, and the Federal Employees' 
Retirement System, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of section 907 of the Federal Food, Drug, and 
     Cosmetic Act (as added by section 101), add the following:
       ``(f) Compliance With WTO Provisions.--If the Secretary of 
     Health and Human Services, in consultation with the United 
     States Trade Representative, determines that the prohibition 
     contained in subsection (a)(1)(A) with respect to any 
     artificial or natural flavor or any herb or spice would 
     result in a violation of any trade agreement, the Secretary 
     shall by regulation provide an exception with respect to such 
     artificial or natural flavor or such herb or spice from such 
     prohibition.''.
                                 ______
                                 
  SA 1276. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to 
protect the public health by providing the Food and Drug Administration 
with certain authority to regulate tobacco products, to amend title 5, 
United States Code, to make certain modifications in the Thrift Saving 
Plan, the Civil Service Retirement System, and the Federal Employees' 
Retirement System, and for other purposes; which was ordered to lie on 
the table; as follows:

       In section 908 of the Federal Food Drug, and Cosmetic Act 
     (as added by section 101), add at the end the following:
       ``(d) Imminent Hazards.--
       ``(1) In general.--If the Secretary finds that the 
     marketing, distribution, or advertising of a tobacco product 
     poses an imminent hazard to the public health, the Secretary 
     may--
       ``(A) provide for the recall of the product under 
     subsection (c);
       ``(B) suspend to approval of a label statement for the 
     product under section 903(b);
       ``(C) suspend the approval of the application of the 
     product under section 910; or
       ``(D) take any other action with respect to the product 
     under this title to protect the public health.
       ``(2) Notice.--The Secretary shall provide the manufacturer 
     or distributor of a tobacco product (as the case may be) 
     prompt notice of any action taken under paragraph (1) with 
     respect to such product, and afford the manufacturer or 
     distributor the opportunity for an expedited hearing under 
     this subsection.
       ``(3) Standard for determination.--
       ``(A) In general.--For purposes of this subsection, the 
     marketing, distribution, or advertising or a tobacco product 
     poses an imminent hazard to the public health if the 
     Secretary determines that the evidence is sufficient to 
     demonstrate that the product (or practice involved) creates a 
     public health situation--
       ``(i) that should be corrected immediately to prevent 
     injury; and
       ``(ii) that should not be permitted to continue while a 
     hearing or other formal proceeding is being held.
       ``(B) Time of declaration.--An imminent hazard may be 
     declared under this subsection at any point in the chain of 
     events that may ultimately result in harm to the public 
     health. The occurrence of the final anticipated injury is not 
     essential to establish that an imminent hazard of such 
     occurrence exists.
       ``(C) Considerations.--In exercising the judgment of the 
     Secretary on whether an imminent hazard exists for purposes 
     of this subsection, the Secretary shall consider the number 
     of injuries anticipated and the nature, severity, and 
     duration of the anticipated injury.''.
                                 ______
                                 
  SA 1277. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to 
protect the public health by providing the Food and Drug Administration 
with certain authority to regulate tobacco

[[Page 14215]]

products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Saving Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of section 919 of the Federal Food, Drug, and 
     Cosmetic Act (as added by section 101) add the following:
       ``(f) Limitation.--Effective for any fiscal year in which 
     the Secretary determines that youth smoking has increased 
     during each of the previous 4 calendar years (according to 
     the Youth Risk Behavior Surveillance System) the Secretary 
     shall not assess or expend fees under this section with 
     respect to such fiscal year. The Secretary may collect and 
     expend such fees upon a subsequent determination that youth 
     smoking has remained unchanged or decreased.''.
                                 ______
                                 
  SA 1278. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 1256, to protect the public health by 
providing the Food and Drug Administration with certain authority to 
regulate tobacco products, to amend title 5, United States Code, to 
make certain modifications in the Thrift Savings Plan, the Civil 
Service Retirement System, and the Federal Employees' Retirement 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. TEMPORARY VEHICLE TRADE-IN PROGRAM.

       (a) Short Title.--This section may be cited as the ``Short 
     Term Accelerated Retirement of Inefficient Vehicles Act of 
     2009''.
       (b) Temporary Vehicle Trade-In Program.--
       (1) Establishment.--There is established in the National 
     Highway Traffic Safety Administration a program, to be known 
     as the ``Cash for Clunkers Temporary Vehicle Trade-In 
     Program'', through which the Secretary, in accordance with 
     this subsection and the regulations promulgated under 
     paragraph (4), shall--
       (A) authorize the issuance of a voucher, subject to the 
     specifications set forth in paragraph (3), to offset the 
     purchase price or lease price of a fuel efficient automobile 
     upon the transfer of the certificate of title of an eligible 
     trade-in vehicle to a dealer participating in the Program;
       (B) register dealers for participation in the Program and 
     require each registered dealer to--
       (i) accept vouchers provided under this subsection as 
     partial payment or down payment for the purchase or lease of 
     any fuel efficient automobile offered for sale or lease by 
     such dealer; and
       (ii) dispose of each eligible trade-in vehicle in 
     accordance with paragraph (3)(B) after the title of such 
     vehicle is transferred to the dealer under the Program;
       (C) in consultation with the Secretary of the Treasury, 
     make payments to dealers for eligible transactions by such 
     dealers before the date that is 1 year after regulations are 
     promulgated under paragraph (4), in accordance with such 
     regulations; and
       (D) in consultation with the Secretary of the Treasury and 
     the Inspector General of the Department of Transportation, 
     establish and provide for the enforcement of measures to 
     prevent and penalize fraud under the Program.
       (2) Qualifications for and value of vouchers.--A voucher 
     issued under the Program shall have a value that may be 
     applied to offset the purchase price or lease price of a fuel 
     efficient automobile as follows:
       (A) $1,000 value.--The voucher may be used to offset the 
     purchase price of a previously owned fuel efficient 
     automobile manufactured for model year 2004 or later, by 
     $1,000 if--
       (i) the newly purchased fuel efficient automobile is a 
     passenger automobile and the combined fuel economy value of 
     such automobile is at least 7 miles per gallon higher than 
     the combined fuel economy value of the eligible trade-in 
     vehicle;
       (ii) the newly purchased fuel efficient automobile is a 
     category 1 truck and the combined fuel economy value of such 
     truck is at least 3 miles per gallon higher than the combined 
     fuel economy value of the eligible trade-in vehicle; or
       (iii) the newly purchased fuel efficient automobile is a 
     category 2 truck that has a combined fuel economy value of at 
     least 17 miles per gallon and the combined fuel economy value 
     of such truck is at least 3 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle, 
     which is also a category 2 truck.
       (B) $2,500 value.--The voucher may be used to offset the 
     purchase price or lease price of the new fuel efficient 
     automobile by $2,500 if--
       (i) the new fuel efficient automobile is a passenger 
     automobile and the combined fuel economy value of such 
     automobile is at least 7 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle;
       (ii) the new fuel efficient automobile is a category 1 
     truck and the combined fuel economy value of such truck is at 
     least 3 miles per gallon higher than the combined fuel 
     economy value of the eligible trade-in vehicle;
       (iii) the new fuel efficient automobile is a category 2 
     truck that has a combined fuel economy value of at least 17 
     miles per gallon and--

       (I) the eligible trade-in vehicle is a category 2 truck and 
     the combined fuel economy value of the new fuel efficient 
     automobile is at least 3 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle; 
     or
       (II) the eligible trade-in vehicle is a category 3 truck 
     manufactured for model year 2001 or earlier; or

       (iv) the new fuel efficient automobile is a category 3 
     truck and the eligible trade-in vehicle is a category 3 truck 
     manufactured for model year 1999 or earlier and is of similar 
     size or larger than the new fuel efficient automobile, as 
     determined in a manner prescribed by the Secretary.
       (C) $3,500 value.--The voucher may be used to offset the 
     purchase price or lease price of the new fuel efficient 
     automobile by $3,500 if--
       (i) the new fuel efficient automobile is a passenger 
     automobile and the combined fuel economy value of such 
     automobile is at least 10 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle;
       (ii) the new fuel efficient automobile is a category 1 
     truck and the combined fuel economy value of such truck is at 
     least 6 miles per gallon higher than the combined fuel 
     economy value of the eligible trade-in vehicle; or
       (iii) the new fuel efficient automobile is a category 2 
     truck that has a combined fuel economy value of at least 17 
     miles per gallon and the combined fuel economy value of such 
     truck is at least 5 miles per gallon higher than the combined 
     fuel economy value of the eligible trade-in vehicle, which is 
     also a category 2 truck.
       (D) $4,500 value.--The voucher may be used to offset the 
     purchase price or lease price of the new fuel efficient 
     automobile by $4,500 if--
       (i) the new fuel efficient automobile is a passenger 
     automobile and the combined fuel economy value of such 
     automobile is at least 13 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle;
       (ii) the new fuel efficient automobile is a category 1 
     truck and the combined fuel economy value of such truck is at 
     least 9 miles per gallon higher than the combined fuel 
     economy value of the eligible trade-in vehicle; or
       (iii) the new fuel efficient automobile is a category 2 
     truck that has a combined fuel economy value of at least 17 
     miles per gallon and the combined fuel economy value of such 
     truck is 7 miles per gallon higher than the combined fuel 
     economy value of the eligible trade-in vehicle, which is also 
     a category 2 truck.
       (3) Program specifications.--
       (A) Limitations.--
       (i) General period of eligibility.--A voucher issued under 
     the Program may only be used for the purchase or lease of a 
     fuel efficient automobile that occurs between the date on 
     which the regulations promulgated under paragraph (4) are 
     implemented and the date that is 1 year after such date.
       (ii) Number of vouchers per person and per trade-in 
     vehicle.--Not more than 1 voucher may be issued for a single 
     person and not more than 1 voucher may be issued for the 
     joint registered owners of a single eligible trade-in 
     vehicle.
       (iii) No combination of vouchers.--Only 1 voucher issued 
     under the Program may be applied toward the purchase or lease 
     of a single new fuel efficient automobile.
       (iv) Cap on vouchers for category 3 trucks.--Not more than 
     7.5 percent of the amounts made available for the Program may 
     be used for vouchers for the purchase or qualifying lease of 
     category 3 trucks.
       (v) Combination with other incentives permitted.--The 
     availability or use of a Federal or State tax incentive or a 
     State-issued voucher for the purchase or lease of a new fuel 
     efficient automobile shall not limit the value or issuance of 
     a voucher under the Program.
       (vi) No additional fees.--A dealer participating in the 
     program may not charge a person purchasing or leasing a new 
     fuel efficient automobile any additional fees associated with 
     the use of a voucher under the Program.
       (vii) Number and amount.--The total number and value of 
     vouchers issued under the Program may not exceed the amounts 
     appropriated for such purpose.
       (viii) Values for qualifying shorter term leases.--If a 
     fuel efficient vehicle is leased under a qualifying shorter 
     term lease, the value of the voucher issued under the Program 
     shall be 50 percent of the value otherwise applicable under 
     paragraph (2).
       (B) Disposition of eligible trade-in vehicles.--
       (i) In general.--If the title of an eligible trade-in 
     vehicle is transferred to a dealer

[[Page 14216]]

     under the Program, the dealer shall certify to the Secretary, 
     in such manner as the Secretary shall prescribe by rule, that 
     such vehicle, including the engine and drive train--

       (I) has been or will be crushed or shredded within such 
     period and in such manner as the Secretary prescribes, or 
     will be transferred to an entity that will ensure that the 
     vehicle will be crushed or shredded within such period and in 
     such manner as the Secretary prescribes; and
       (II) has not been, and will not be, sold, leased, 
     exchanged, or otherwise disposed of for use as an automobile 
     in the United States or in any other country, or has been or 
     will be transferred, in such manner as the Secretary 
     prescribes, to an entity that will ensure that the vehicle 
     has not been, and will not be, sold, leased, exchanged, or 
     otherwise disposed of for use as an automobile in the United 
     States or in any other country.

       (ii) Savings provision.--Nothing in clause (i) may be 
     construed to preclude a person who dismantles or disposes of 
     the vehicle from--

       (I) purchasing the disposed vehicle from a dealer for the 
     purpose of selling parts other than the engine block and 
     drive train;
       (II) selling any parts of the disposed vehicle other than 
     the engine block and drive train, unless the engine or drive 
     train has been crushed or shredded; or
       (III) retaining the proceeds from such sale.

       (iii) Coordination.--The Secretary shall coordinate with 
     the Attorney General to ensure that the National Motor 
     Vehicle Title Information System and other publicly 
     accessible and commercially available systems are 
     appropriately updated to reflect the crushing or shredding of 
     vehicles under this subsection and appropriate 
     reclassification of the vehicles' titles.
       (4) Rulemaking.--Notwithstanding the requirements of 
     section 553 of title 5, United States Code, the Secretary 
     shall promulgate final regulations to implement the Program 
     not later than 30 days after the date of the enactment of 
     this Act. Such regulations shall--
       (A) provide for a means of registering dealers for 
     participation in the Program;
       (B) establish procedures for the electronic reimbursement 
     of dealers participating in the Program, within 10 days after 
     the submission to the Secretary of information supporting the 
     eligible transaction, as determined appropriate by the 
     Secretary, for the appropriate amount under subsection (c) 
     and any reasonable administrative costs incurred by the 
     dealer;
       (C) prohibit any dealer from using vouchers to offset any 
     other rebate or discount offered by that dealer or by the 
     manufacturer of the new fuel efficient automobile;
       (D) require dealers to disclose to the person trading in an 
     eligible trade-in vehicle the best estimate of the scrappage 
     value of such vehicle and to permit the dealer to retain $50 
     of any amounts paid to the dealer for scrappage of the 
     automobile as payment for any administrative costs to the 
     dealer associated with participation in the Program;
       (E) consistent with paragraph (3)(B), establish 
     requirements and procedures for the disposal of eligible 
     trade-in vehicles and provide such information as may be 
     necessary to entities engaged in such disposal to ensure that 
     such vehicles are disposed of in accordance with such 
     requirements and procedures, including--
       (i) requirements for the removal and appropriate 
     disposition of refrigerants, antifreeze, lead products, 
     mercury switches, and such other toxic or hazardous vehicle 
     components prior to the crushing or shredding of an eligible 
     trade-in vehicle, in accordance with rules established by the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, and in accordance with other 
     applicable Federal and State requirements;
       (ii) a mechanism for dealers to certify to the Secretary 
     that eligible trade-in vehicles are disposed of, or 
     transferred to an entity that will ensure that the vehicle is 
     disposed of, in accordance with such requirements and 
     procedures and to submit the vehicle identification numbers, 
     mileage, condition, and other appropriate information, as 
     determined by the Secretary, of the vehicles disposed of and 
     the new fuel efficient automobile purchased with each 
     voucher; and
       (iii) a mechanism for obtaining such other certifications 
     as deemed necessary by the Secretary from entities engaged in 
     vehicle disposal;
       (F) establish a mechanism for dealers to determine the 
     scrappage value of the trade-in vehicle; and
       (G) provide for the enforcement of the penalties described 
     in paragraph (5)(B).
       (5) Anti-fraud provisions.--
       (A) Violation.--It shall be unlawful for any person to 
     violate any provision under this subsection or any 
     regulations issued pursuant to paragraph (4).
       (B) Penalties.--Any person who commits a violation 
     described in subparagraph (A) shall be liable to the United 
     States Government for a civil penalty in an amount equal to 
     not more than $25,000 for each such violation.
       (6) Information to consumers and dealers.--
       (A) In general.--Not later than 30 days after the date of 
     the enactment of this Act, and promptly upon the update of 
     any relevant information, the Secretary shall make 
     information about the Program available through an Internet 
     Web site and through other means determined by the Secretary. 
     Such information shall include--
       (i) how to determine if a vehicle is an eligible trade-in 
     vehicle;
       (ii) how to determine the scrappage value of an eligible 
     trade-in vehicle;
       (iii) how to participate in the Program, including how to 
     determine participating dealers; and
       (iv) a comprehensive list, by make and model, of fuel 
     efficient automobiles meeting the requirements of the 
     Program.
       (B) Public awareness campaign.--Upon completing the 
     requirements under subparagraph (A), the Secretary shall 
     conduct a public awareness campaign to inform consumers about 
     the Program and the sources for additional information.
       (7) Recordkeeping and report.--
       (A) Database.--The Secretary shall maintain a database that 
     includes--
       (i) the vehicle identification numbers of all fuel 
     efficient vehicles purchased or leased under the Program; and
       (ii) the vehicle identification numbers, mileage, 
     condition, scrappage value, and other appropriate 
     information, as determined by the Secretary, of all the 
     eligible trade-in vehicles which have been disposed of under 
     the Program.
       (B) Report.--Not later than June 30, 2010, the Secretary 
     shall submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives that describes 
     the efficacy of the Program and includes--
       (i) a description of the results of the Program, 
     including--

       (I) the total number and amount of vouchers issued for 
     purchase or lease of new fuel efficient automobiles by 
     manufacturer (including aggregate information concerning the 
     make, model, model year) and category of automobile;
       (II) aggregate information regarding the make, model, model 
     year, mileage, condition, and manufacturing location of 
     vehicles traded in under the Program; and
       (III) the location of sale or lease;

       (ii) an estimate of the overall increase in fuel efficiency 
     in terms of miles per gallon, total annual oil savings, and 
     total annual greenhouse gas reductions, as a result of the 
     Program; and
       (iii) an estimate of the overall economic and employment 
     effects of the Program.
       (8) Rule of construction.--For purposes of determining 
     Federal or State income tax liability or eligibility for any 
     Federal or State program that bases eligibility, in whole or 
     in part, on income, the value of any voucher issued under the 
     Program to offset the purchase price or lease price of a new 
     fuel efficient automobile shall not be considered income of 
     the person purchasing such automobile.
       (9) Definitions.--In this subsection:
       (A) Category 1 truck.--The term ``category 1 truck'' means 
     a nonpassenger automobile (as defined in section 32901(a)(17) 
     of title 49, United States Code) that--
       (i) has a combined fuel economy value of at least 20 miles 
     per gallon; and
       (ii) is not a category 2 truck.
       (B) Category 2 truck.--The term ``category 2 truck'' means 
     a large van or a large pickup, as categorized by the 
     Secretary using the method used by the Environmental 
     Protection Agency and described in the report entitled 
     ``Light-Duty Automotive Technology and Fuel Economy Trends: 
     1975 through 2008''.
       (C) Category 3 truck.--The term ``category 3 truck'' has 
     the meaning given the term ``work truck'' in section 
     32901(a)(19) of title 49, United States Code.
       (D) Combined fuel economy value.--The term ``combined fuel 
     economy value'' means--
       (i) with respect to a new fuel efficient automobile, the 
     number, expressed in miles per gallon, centered below the 
     words ``Combined Fuel Economy'' on the label required to be 
     affixed or caused to be affixed on a new automobile pursuant 
     to subpart D of part 600 of title 40 Code of Federal 
     Regulations;
       (ii) with respect to an eligible trade-in vehicle 
     manufactured after model year 1984, the equivalent number 
     determined on the fueleconomy.gov Web site of the 
     Environmental Protection Agency for the make, model, and year 
     of such vehicle; and
       (iii) with respect to an eligible trade-in vehicle 
     manufactured between model years 1978 through 1984, the 
     equivalent number determined by the Secretary and posted on 
     the website of the National Highway Traffic Safety 
     Administration, using data maintained by the Environmental 
     Protection Agency for the make, model, and year of such 
     vehicle.
       (E) Dealer.--The term ``dealer'' means a person that is 
     licensed by a State and engages in the sale of automobiles to 
     ultimate purchasers.
       (F) Eligible trade-in vehicle.--The term ``eligible trade-
     in vehicle'' means an automobile or a work truck (as such 
     terms are defined in section 32901(a) of title 49, United 
     States Code) that, at the time it is presented for trade-in 
     under this subsection--
       (i) is in drivable condition;

[[Page 14217]]

       (ii) has been continuously insured, consistent with State 
     law, and registered to the same owner for a period of not 
     less than 1 year immediately prior to such trade-in; and
       (iii) has a combined fuel economy value of 17 miles per 
     gallon or less.
       (G) Fuel efficient automobile.--The term ``fuel efficient 
     automobile'' means a vehicle described in subparagraph (A), 
     (B), (C), or (I), that was manufactured for any model year 
     after 2003, and, at the time of the original sale to a 
     consumer--
       (i) carries a manufacturer's suggested retail price of 
     $45,000 or less;
       (ii) complies with the applicable air emission and related 
     requirements under the National Emission Standards Act (42 
     U.S.C. 7521 et seq.);
       (iii) qualifies for listing in emission bin 1, 2, 3, 4, or 
     5 (as defined in section 86.1803-01 of title 40, Code of 
     Federal Regulations), or for work trucks the applicable 
     vehicle and engine standards found under section 86.005-10 
     and 86.007-11 of title 40, Code of Federal Regulations; and
       (iv) has a combined fuel economy value of--

       (I) 24 miles per gallon, if the vehicle is a passenger 
     automobile;
       (II) 20 miles per gallon, if the vehicle is a category 1 
     truck; or
       (III) 17 miles per gallon, if the vehicle is a category 2 
     truck.

       (H) New fuel efficient automobile.--The term ``new fuel 
     efficient automobile'' means a fuel efficient automobile, the 
     equitable or legal title of which has not been transferred to 
     any person other than the ultimate purchaser.
       (I) Passenger automobile.--The term ``passenger 
     automobile'' means a passenger automobile (as defined in 
     section 32901(a)(18) of title 49, United States Code) that 
     has a combined fuel economy value of at least 24 miles per 
     gallon.
       (J) Program.--The term ``Program'' means the Cash for 
     Clunkers Temporary Vehicle Trade-In Program established under 
     this subsection.
       (K) Qualifying lease.--The term ``qualifying lease'' means 
     a lease of an automobile for a period of not less than 5 
     years.
       (L) Qualifying shorter term lease.--The term ``qualifying 
     shorter term lease'' means a lease of an automobile for a 
     period of not less than 3 years and not more than 5 years.
       (M) Scrappage value.--The term ``scrappage value'' means 
     the amount received by the dealer for an eligible trade-in 
     vehicle upon transferring title of such vehicle to the person 
     responsible for ensuring the dismantling and destruction of 
     the vehicle.
       (N) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation, acting through the National Highway 
     Traffic Safety Administration.
       (O) Ultimate purchaser.--The term ``ultimate purchaser'' 
     means, with respect to any new automobile, the first person 
     who in good faith purchases such automobile for purposes 
     other than resale.
       (P) Vehicle identification number.--The term ``vehicle 
     identification number'' means the 17-character number used by 
     the automobile industry to identify individual automobiles.
       (c) Expedited Consideration of American Recovery and 
     Reinvestment Act Rescissions.--
       (1) Proposed rescission of discretionary budget 
     authority.--The President may propose, at the time and in the 
     manner provided in paragraph (2), the rescission of any 
     discretionary budget authority provided under the American 
     Recovery and Reinvestment Act (Public Law 111-5).
       (2) Transmittal of special message.--(A) Not later than 15 
     days after the date of the enactment of this Act, the 
     President may--
       (i) transmit to Congress a special message proposing to 
     rescind amounts of discretionary budget authority provided in 
     the American Recovery and Reinvestment Act; and
       (ii) include with the special message described in clause 
     (i) a draft bill or joint resolution that, if enacted, would 
     only rescind that discretionary budget authority.
       (B) If an Act includes accounts within the jurisdiction of 
     more than 1 subcommittee of the Committee on Appropriations, 
     the President, in proposing to rescind discretionary budget 
     authority under this subsection, shall send a separate 
     special message and accompanying draft bill or joint 
     resolution for accounts within the jurisdiction of each such 
     subcommittee.
       (C) Each special message transmitted to Congress under this 
     paragraph shall specify, with respect to the discretionary 
     budget authority proposed to be rescinded--
       (i) the amount of budget authority proposed to be rescinded 
     or which is to be so reserved;
       (ii) any account, department, or establishment of the 
     Government to which such budget authority is available for 
     obligation, and the specific project or governmental 
     functions involved;
       (iii) the reasons why the budget authority should be 
     rescinded or is to be so reserved;
       (iv) to the maximum extent practicable, the estimated 
     fiscal, economic, and budgetary effect of the proposed 
     rescission or of the reservation; and
       (v) all facts, circumstances, and considerations relating 
     to or bearing upon the proposed rescission or the reservation 
     and the decision to effect the proposed rescission or the 
     reservation, and to the maximum extent practicable, the 
     estimated effect of the proposed rescission or the 
     reservation upon the objects, purposes, and programs for 
     which the budget authority is provided.
       (3) Limitation on amounts subject to rescission.--The 
     amount of discretionary budget authority the President may 
     propose to rescind in a special message under this subsection 
     for a particular program, project, or activity may not exceed 
     $4,000,000,000.
       (4) Procedures for expedited consideration.--(A)(i) Before 
     the close of the second day of continuous session of the 
     applicable House of Congress after the date of receipt of a 
     special message transmitted to Congress under paragraph (2), 
     the majority leader or minority leader of the House of 
     Congress in which the Act involved originated shall introduce 
     (by request) the draft bill or joint resolution accompanying 
     that special message. If the bill or joint resolution is not 
     introduced by the third day of continuous session of that 
     House after the date of receipt of that special message, any 
     Member of that House may introduce the bill or joint 
     resolution.
       (ii) A bill or joint resolution introduced pursuant to 
     clause (i) shall be referred to the Committee on 
     Appropriations of the House in which it is introduced. The 
     bill or joint resolution shall be voted on not later than the 
     seventh day of continuous session of that House after the 
     date of receipt of that special message. If the Committee on 
     Appropriations fails to vote on the bill or joint resolution 
     within that period, that committee shall be automatically 
     discharged from consideration of the bill or joint 
     resolution, and the bill or joint resolution shall be placed 
     on the appropriate calendar.
       (iii) A vote on final passage of a bill or joint resolution 
     introduced pursuant to clause (i) shall be taken in that 
     House on or before the close of the 10th calendar day of 
     continuous session of that House after the date of the 
     introduction of the bill or joint resolution in that House, 
     except in cases in which the Committee on Appropriations has 
     considered and voted against discharging the bill or joint 
     resolution for further consideration. If the bill or joint 
     resolution is agreed to, the Clerk of the House of 
     Representatives (in the case of a bill or joint resolution 
     agreed to in the House of Representatives) or the Secretary 
     of the Senate (in the case of a bill or joint resolution 
     agreed to in the Senate) shall cause the bill or joint 
     resolution to be engrossed, certified, and transmitted to the 
     other House of Congress on the same calendar day on which the 
     bill or joint resolution is agreed to.
       (B)(i) A bill or joint resolution transmitted to the Senate 
     or the House of Representatives pursuant to subparagraph 
     (A)(iii) shall be referred to the Committee on Appropriations 
     of that House. The bill or joint resolution shall be voted on 
     not later than the seventh day of continuous session of that 
     House after it receives the bill or joint resolution. A 
     committee failing to vote on the bill or joint resolution 
     within such period shall be automatically discharged from 
     consideration of the bill or joint resolution, and the bill 
     or joint resolution shall be placed upon the appropriate 
     calendar.
       (ii) A vote on final passage of a bill or joint resolution 
     transmitted to that House shall be taken on or before the 
     close of the 10th calendar day of continuous session of that 
     House after the date on which the bill or joint resolution is 
     transmitted, except in cases in which the Committee on 
     Appropriations has considered and voted against discharging 
     the bill or joint resolution for further consideration. If 
     the bill or joint resolution is agreed to in that House, the 
     Clerk of the House of Representatives (in the case of a bill 
     or joint resolution agreed to in the House of 
     Representatives) or the Secretary of the Senate (in the case 
     of a bill or joint resolution agreed to in the Senate) shall 
     cause the engrossed bill or joint resolution to be returned 
     to the House in which the bill or joint resolution 
     originated.
       (C)(i) A motion in the House of Representatives to proceed 
     to the consideration of a bill or joint resolution under this 
     subsection shall be highly privileged and not debatable. An 
     amendment to the motion and a motion to reconsider the vote 
     by which the motion is agreed to or disagreed to shall not be 
     in order.
       (ii) Debate in the House of Representatives on a bill or 
     joint resolution under this subsection shall not exceed 4 
     hours, which shall be divided equally between those favoring 
     and those opposing the bill or joint resolution. A motion 
     further to limit debate shall not be debatable. It shall not 
     be in order to move to recommit a bill or joint resolution 
     under this subsection or to move to reconsider the vote by 
     which the bill or joint resolution is agreed to or disagreed 
     to.
       (iii) Appeals from decisions of the Chair relating to the 
     application of the Rules of the House of Representatives to 
     the procedure relating to a bill or joint resolution under 
     this subsection shall be decided without debate.
       (iv) Except to the extent specifically provided in clauses 
     (i) through (iii), consideration of a bill or joint 
     resolution under this

[[Page 14218]]

     subsection shall be governed by the Rules of the House of 
     Representatives.
       (D)(i) A motion in the Senate to proceed to the 
     consideration of a bill or joint resolution under this 
     subsection shall be privileged and not debatable. An 
     amendment to the motion and a motion to reconsider the vote 
     by which the motion is agreed to or disagreed to shall not be 
     in order.
       (ii) Debate in the Senate on a bill or joint resolution 
     under this subsection, and all debatable motions and appeals 
     in connection to such bill or joint resolution, shall not 
     exceed 10 hours. The time shall be equally divided between, 
     and controlled by, the majority leader and the minority 
     leader or their designees.
       (iii) Debate in the Senate on any debatable motion or 
     appeal in connection with a bill or joint resolution under 
     this subsection shall be limited to not more than 1 hour, to 
     be equally divided between, and controlled by, the mover and 
     the manager of the bill or joint resolution, except that in 
     the event the manager of the bill or joint resolution is in 
     favor of any such motion or appeal, the time in opposition to 
     such motion or appeal shall be controlled by the minority 
     leader or his designee. Either such leader may, from time 
     under their control on the passage of a bill or joint 
     resolution, allot additional time to any Senator during the 
     consideration of any debatable motion or appeal.
       (iv) A motion in the Senate to further limit debate on a 
     bill or joint resolution under this subsection is not 
     debatable. A motion to recommit a bill or joint resolution 
     under this subsection is not in order.
       (5) Amendments prohibited.--No amendment to a bill or joint 
     resolution considered under this subsection shall be in order 
     in the Senate or the House of Representatives. No motion to 
     suspend the application of this paragraph shall be in order 
     in either House, nor shall it be in order in either House to 
     suspend the application of this paragraph by unanimous 
     consent.
       (6) Requirement to make available for obligation.--Any 
     amount of discretionary budget authority proposed to be 
     rescinded in a special message transmitted to Congress under 
     paragraph (2) shall be made available for obligation on the 
     day after the date on which either House defeats the bill or 
     joint resolution transmitted with that special message.
       (7) Definitions.--For purposes of this subsection--
       (A) continuity of a session of either House of Congress 
     shall be considered as broken only by an adjournment of that 
     House sine die, and the days on which that House is not in 
     session because of an adjournment of more than 3 days to a 
     date certain shall be excluded in the computation of any 
     period; and
       (B) the term ``discretionary budget authority'' means the 
     dollar amount of discretionary budget authority and 
     obligation limitations--
       (i) specified in the American Recovery and Reinvestment Act 
     (Public Law 111-5), or the dollar amount of budget authority 
     required to be allocated by a specific proviso in an 
     appropriation law for which a specific dollar figure was not 
     included;
       (ii) represented separately in any table, chart, or 
     explanatory text included in the statement of managers or the 
     governing committee report accompanying such law;
       (iii) required to be allocated for a specific program, 
     project, or activity in a law (other than an appropriation 
     law) that mandates obligations from or within accounts, 
     programs, projects, or activities for which budget authority 
     or an obligation limitation is provided in an appropriation 
     law;
       (iv) represented by the product of the estimated 
     procurement cost and the total quantity of items specified in 
     an appropriation law or included in the statement of managers 
     or the governing committee report accompanying such law; or
       (v) represented by the product of the estimated procurement 
     cost and the total quantity of items required to be provided 
     in a law (other than an appropriation law) that mandates 
     obligations from accounts, programs, projects, or activities 
     for which dollar amount of discretionary budget authority or 
     an obligation limitation is provided in an appropriation law.
       (8) Conforming amendment.--Section 1014(e)(1) of the 
     Congressional Budget and Impoundment Control Act of 1974 (2 
     U.S.C. 685(e)(1)) is amended--
       (A) in subparagraphs (A) and (B), by striking ``he'' each 
     place such term appears and inserting ``the President'';
       (B) in subparagraph (A), by striking ``and'' at the end;
       (C) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (D) by inserting after subparagraph (A) the following:
       ``(ii) the President has transmitted a special message 
     under section _(c) of the Short Term Accelerated Retirement 
     of Inefficient Vehicles Act of 2009 with respect to a 
     proposed rescission; and''.
       (d) Sunset Provision.--Subection (c) shall be repealed on 
     the date on which regulations are promulgated under 
     subsection (b)(4).
                                 ______
                                 
  SA 1279. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill H.R. 1256, to protect the public health by providing 
the Food and Drug Administration with certain authority to regulate 
tobacco products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AUTHORITY OF THE SECRETARY OF THE TREASURY TO 
                   DELEGATE TARP ASSET MANAGEMENT; CREATION OF 
                   MANAGEMENT AUTHORITY FOR AUTOMOBILE 
                   MANUFACTURERS ASSISTED UNDER TARP.

       (a) Authority to Designate Management.--Section 106(b) of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5216(b)) is amended by inserting before the period at the end 
     the following: ``, and the Secretary may delegate such 
     management authority to a private entity, as the Secretary 
     determines appropriate, with respect to any entity assisted 
     under this Act''.
       (b) Federal Assistance Limited.--Notwithstanding any 
     provision of the Emergency Economic Stabilization Act of 
     2008, or any other provision of law, no funds may be expended 
     under the Emergency Economic Stabilization Act of 2008 
     (Public Law 110-343) or to carry out the Advanced Technology 
     Vehicles Manufacturing Incentive Program established under 
     section 136 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17013) on or after the date of enactment of 
     this Act, until the Secretary of the Treasury transfers all 
     voting, nonvoting, and common equity in any designated 
     automobile manufacturer to a limited liability company 
     established by the Secretary for such purpose, to be held and 
     managed in trust on behalf of the United States taxpayers.
       (c) Appointment of Trustees.--
       (1) In general.--The President shall appoint 3 independent 
     trustees to manage the equity held in the trust, separate and 
     apart from the United States Government.
       (2) Criteria.--Trustees appointed under this subsection--
       (A) may not be elected or appointed Government officials;
       (B) shall serve at the pleasure of the President, and may 
     be removed for just cause in violation of their fiduciary 
     responsibilities only; and
       (C) shall serve without compensation for their services 
     under his section.
       (d) Duties of Trust.--Pursuant to protecting the interests 
     and investment of the United States taxpayer, the trust 
     established under this section shall, with the purpose of 
     maximizing the profitability of the designated automobile 
     manufacturers--
       (1) exercise the voting rights of the shares of the 
     taxpayer on all core governance issues;
       (2) select the representation on the boards of directors of 
     any designated automobile manufacturer; and
       (3) have a fiduciary duty to the American taxpayer for the 
     maximization of the return on the investment of the taxpayer 
     made under the Emergency Economic Stabilization Act of 2008, 
     in the same manner and to the same extent that any director 
     of an issuer of securities has with respect to its 
     shareholders under the securities laws and all applications 
     of State law.
       (e) Liquidation.--The trustees shall liquidate the trust 
     established under this section, including the assets held by 
     such trust, not later than December 24, 2011.
       (f) Definitions.--As used in this section--
       (1) the term ``designated automobile manufacturer'' means 
     an entity organized under the laws of a State, the primary 
     business of which is the manufacture of automobiles, and any 
     affiliate thereof, if such automobile manufacturer--
       (A) has received funds under the Emergency Economic 
     Stabilization Act of 2008 (Public Law 110-343), or funds were 
     obligated under that Act, before the date of enactment of 
     this Act; and
       (B) has filed for bankruptcy protection under chapter 11 of 
     title 11, United States Code, during the 90-day period 
     preceding the date of enactment of this Act;
       (2) the term ``Secretary'' means the Secretary of the 
     Treasury or the designee of the Secretary; and
       (3) the terms ``director'', ``issuer'', ``securities'', and 
     ``securities laws'' have the same meanings as in section 3 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c).
                                 ______
                                 
  SA 1280. Mr. VOINOVICH (for himself, Mr. Kohl, and Mr. Akaka) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1256, to protect the public health by providing the Food and Drug 
Administration with certain authority to regulate tobacco products, to 
amend title 5, United States Code, to make certain modifications in the 
Thrift Savings Plan, the Civil Service Retirement System, and the 
Federal Employees' Retirement System, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page 14219]]

       At the end of title I of division B, add the following:

     SEC. ___. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.
                                 ______
                                 
  SA 1281. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to 
protect the public health by providing the Food and Drug Administration 
with certain authority to regulate tobacco products, to amend title 5, 
United States Code, to make certain modifications in the Thrift Savings 
Plan, the Civil Service Retirement System, and the Federal Employees' 
Retirement System, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike section 102, and insert the following:

     SEC. 102. REGULATIONS AND APPLICATION OF CERTAIN PROVISIONS.

       (a) In General.--Not later than 12 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall promulgate interim final regulations to 
     implement this Act (and the amendments made by this Act). Not 
     later than 6 months after the date on which the interim final 
     regulations are promulgated under the preceding sentence, the 
     Secretary shall promulgate final regulations.
       (b) Application of Certain Provisions.--Notwithstanding any 
     other provision of this Act (or an amendment made by this 
     Act), the provisions of chapter 5 of title 5, Under States 
     Code, shall apply to this Act (and amendments).
                                 ______
                                 
  SA 1282. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mr. 
Voinovich) submitted an amendment intended to be proposed by him to the 
bill H.R. 1256, to protect the public health by providing the Food and 
Drug Administration with certain authority to regulate tobacco 
products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title I of division B, add the following:

            Subtitle B--Other Retirement-Related Provisions

     SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section 6301(2)(x) through (xiii), the days 
     of unused sick leave to his credit include any unused sick 
     leave standing to his credit when he was excepted from such 
     subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.

       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted

[[Page 14220]]

     of service as a detention officer under section 2604(2) of 
     the District of Columbia Government Comprehensive Merit 
     Personnel Act of 1978 (sec. 1-626.04(2), D.C. Official Code) 
     shall be treated as service as a law enforcement officer 
     under sections 8331(20) or 8401(17) of title 5, United States 
     Code, for purposes of applying paragraph (1) with respect to 
     the individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.
            TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

     SEC. __1. SHORT TITLE.

         This title may be cited as the ``Part-Time Reemployment 
     of Annuitants Act of 2009''.

     SEC. __2. PART-TIME REEMPLOYMENT.

         (a) Civil Service Retirement System.--Section 8344 of 
     title 5, United States Code, is amended--
         (1) by redesignating subsection (l) as subsection (m);
         (2) by inserting after subsection (k) the following:
         ``(l)(1) For purposes of this subsection--
         ``(A) the term `head of an agency' means--
         ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
         ``(ii) the head of the United States Postal Service;
         ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
         ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
         ``(B) the term `limited time appointee' means an 
     annuitant appointed under a temporary appointment limited to 
     1 year or less.
         ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
         ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
         ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
         ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
         ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
         ``(E) promote appropriate training or mentoring programs 
     of employees;
         ``(F) assist in the recruitment or retention of 
     employees; or
         ``(G) respond to an emergency involving a direct threat 
     to life of property or other unusual circumstances.
         ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
         ``(A) for more than 520 hours of service performed by 
     that annuitant during the period ending 6 months following 
     the individual's annuity commencing date;
         ``(B) for more than 1040 hours of service performed by 
     that annuitant during any 12-month period; or
         ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
         ``(4)(A) The total number of annuitants to whom a waiver 
     by the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
         ``(B) If the total number of annuitants to whom a waiver 
     by the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
         ``(i) a report with an explanation that justifies the 
     need for the waivers in excess of that percentage; and
         ``(ii) not later than 180 days after submitting the 
     report under clause (i), a succession plan.
         ``(5)(A) The Director of the Office of Personnel 
     Management may promulgate regulations providing for the 
     administration of this subsection.
         ``(B) Any regulations promulgated under subparagraph (A) 
     may--
         ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
         ``(ii) to the extent not otherwise expressly prohibited 
     by law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
         ``(iii) authorize other administratively convenient 
     periods substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
         ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for the effective operation of, or to 
     ensure compliance with, this subsection; and
         ``(v) encourage the training and mentoring of employees 
     by any limited time appointee employed under this subsection.
         ``(6)(A) Any hours of training or mentoring of employees 
     by any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
         ``(B) If the primary service performed by any limited 
     time appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
         ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
         (3) in subsection (m) (as so redesignated)--
         (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
         (B) in paragraph (2), by striking ``or (k)'' and 
     inserting ``(k), or (l)''.
         (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
         (1) by redesignating subsection (i) as subsection (j);
         (2) by inserting after subsection (h) the following:
         ``(i)(1) For purposes of this subsection--
         ``(A) the term `head of an agency' means--
         ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;

[[Page 14221]]

         ``(ii) the head of the United States Postal Service;
         ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
         ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and
         ``(B) the term `limited time appointee' means an 
     annuitant appointed under a temporary appointment limited to 
     1 year or less.
         ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
         ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
         ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
         ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
         ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
         ``(E) promote appropriate training or mentoring programs 
     of employees;
         ``(F) assist in the recruitment or retention of 
     employees; or
         ``(G) respond to an emergency involving a direct threat 
     to life of property or other unusual circumstances.
         ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
         ``(A) for more than 520 hours of service performed by 
     that annuitant during the period ending 6 months following 
     the individual's annuity commencing date;
         ``(B) for more than 1040 hours of service performed by 
     that annuitant during any 12-month period; or
         ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
         ``(4)(A) The total number of annuitants to whom a waiver 
     by the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
         ``(B) If the total number of annuitants to whom a waiver 
     by the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
         ``(i) a report with an explanation that justifies the 
     need for the waivers in excess of that percentage; and
         ``(ii) not later than 180 days after submitting the 
     report under clause (i), a succession plan.
         ``(5)(A) The Director of the Office of Personnel 
     Management may promulgate regulations providing for the 
     administration of this subsection.
         ``(B) Any regulations promulgated under subparagraph (A) 
     may--
         ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
         ``(ii) to the extent not otherwise expressly prohibited 
     by law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
         ``(iii) authorize other administratively convenient 
     periods substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
         ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
         ``(v) encourage the training and mentoring of employees 
     by any limited time appointee employed under this subsection.
         ``(6)(A) Any hours of training or mentoring of employees 
     by any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
         ``(B) If the primary service performed by any limited 
     time appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
         ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) shall 
     terminate 5 years after the date of enactment of the Part-
     Time Reemployment of Annuitants Act of 2009.''; and
         (3) in subsection (j) (as so redesignated)--
         (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
         (B) in paragraph (2), by striking ``or (h)'' and 
     inserting ``(h), or (i)''.
         (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
         (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
         (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
         (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

         (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section __2.
         (b) Contents.--The report submitted under subsection (a) 
     shall--
         (1) include the number of annuitants for whom a waiver 
     was made under subsection (l) of section 8344 of title 5, 
     United States Code, as amended by this title, or subsection 
     (i) of section 8468 of title 5, United States Code, as 
     amended by this title; and
         (2) identify each agency that used the authority 
     described in paragraph (1).
         (c) Agency Data.--Each head of an agency (as defined 
     under sections 8344(l)(1) and 8468(i)(1)(A) of title 5, 
     United States Code, as added by section __2 of this title) 
     shall--
         (1) collect and maintain data necessary for purposes of 
     the Comptroller General report submitted under subsection 
     (a); and
         (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1283. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill H.R. 1256, to protect the public health by providing 
the Food and Drug Administration with certain authority to regulate 
tobacco products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

        TITLE ___--NON-FOREIGN AREA RETIREMENT EQUITY ASSURANCE

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Non-Foreign Area 
     Retirement Equity Assurance Act of 2009'' or the ``Non-
     Foreign AREA Act of 2009''.

     SEC. _02. EXTENSION OF LOCALITY PAY.

       (a) Locality-Based Comparability Payments.--Section 5304 of 
     title 5, United States Code, is amended--
       (1) in subsection (f)(1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) each General Schedule position in the United States, 
     as defined under section 5921(4), and its territories and 
     possessions, including the Commonwealth of Puerto Rico and 
     the Commonwealth of the Northern Mariana Islands, shall be 
     included within a pay locality;'';
       (2) in subsection (g)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B) by striking the period and 
     inserting ``; and''; and
       (iii) by adding after subparagraph (B) the following:
       ``(C) positions under subsection (h)(1)(C) not covered by 
     appraisal systems certified under section 5382; and''; and
       (B) by adding at the end the following:
       ``(3) The applicable maximum under this subsection shall be 
     level II of the Executive Schedule for positions under 
     subsection (h)(1)(C) covered by appraisal systems certified 
     under section 5307(d).''; and
       (3) in subsection (h)(1)--
       (A) in subparagraph (B) by striking ``and'' after the 
     semicolon;
       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B) the following:
       ``(C) a Senior Executive Service position under section 
     3132 or 3151 or a senior level position under section 5376 
     stationed within the United States, but outside the 48 
     contiguous States and the District of Columbia in which the 
     incumbent was an individual who on the day before the date of 
     enactment of the Non-Foreign Area Retirement Equity Assurance 
     Act of 2009 was eligible to receive a cost-of-living 
     allowance under section 5941; and'';
       (D) in clause (iv) in the matter following subparagraph 
     (D), by inserting ``, except for members covered by 
     subparagraph (C)'' before the semicolon; and
       (E) in clause (v) in the matter following subparagraph (D), 
     by inserting ``, except for members covered by subparagraph 
     (C)'' before the semicolon.

[[Page 14222]]

       (b) Allowances Based on Living Costs and Conditions of 
     Environment.--Section 5941 of title 5, United States Code, is 
     amended--
       (1) in subsection (a), by adding after the last sentence 
     ``Notwithstanding any preceding provision of this subsection, 
     the cost-of-living allowance rate based on paragraph (1) 
     shall be the cost-of-living allowance rate in effect on the 
     date of enactment of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009, except as adjusted under subsection 
     (c).'';
       (2) by redesignating subsection (b) as subsection (d); and
       (3) by inserting after subsection (a) the following:
       ``(b) This section shall apply only to areas that are 
     designated as cost-of-living allowance areas as in effect on 
     December 31, 2009.
       ``(c)(1) The cost-of-living allowance rate payable under 
     this section shall be adjusted on the first day of the first 
     applicable pay period beginning on or after--
       ``(A) January 1, 2010; and
       ``(B) January 1 of each calendar year in which a locality-
     based comparability adjustment takes effect under section _04 
     (2) and (3) of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009.
       ``(2)(A) In this paragraph, the term `applicable locality-
     based comparability pay percentage' means, with respect to 
     calendar year 2010 and each calendar year thereafter, the 
     applicable percentage under section _04 (1), (2), or (3) of 
     Non-Foreign Area Retirement Equity Assurance Act of 2009.
       ``(B) Each adjusted cost-of-living allowance rate under 
     paragraph (1) shall be computed by--
       ``(i) subtracting 65 percent of the applicable locality-
     based comparability pay percentage from the cost-of-living 
     allowance percentage rate in effect on December 31, 2009; and
       ``(ii) dividing the resulting percentage determined under 
     clause (i) by the sum of--
       ``(I) one; and
       ``(II) the applicable locality-based comparability payment 
     percentage expressed as a numeral.
       ``(3) No allowance rate computed under paragraph (2) may be 
     less than zero.
       ``(4) Each allowance rate computed under paragraph (2) 
     shall be paid as a percentage of basic pay (including any 
     applicable locality-based comparability payment under section 
     5304 or similar provision of law and any applicable special 
     rate of pay under section 5305 or similar provision of 
     law).''.

     SEC. _03. ADJUSTMENT OF SPECIAL RATES.

       (a) In General.--Each special rate of pay established under 
     section 5305 of title 5, United States Code, and payable in 
     an area designated as a cost-of-living allowance area under 
     section 5941(a) of that title, shall be adjusted, on the 
     dates prescribed by section _04 of this title, in accordance 
     with regulations prescribed by the Director of the Office of 
     Personnel Management under section _08 of this title.
       (b) Agencies With Statutory Authority.--
       (1) In general.--Each special rate of pay established under 
     an authority described under paragraph (2) and payable in a 
     location designated as a cost-of-living allowance area under 
     section 5941(a)(1) of title 5, United States Code, shall be 
     adjusted in accordance with regulations prescribed by the 
     applicable head of the agency that are consistent with the 
     regulations issued by the Director of the Office of Personnel 
     Management under subsection (a).
       (2) Statutory authority.--The authority referred to under 
     paragraph (1), is any statutory authority that--
       (A) is similar to the authority exercised under section 
     5305 of title 5, United States Code;
       (B) is exercised by the head of an agency when the head of 
     the agency determines it to be necessary in order to obtain 
     or retain the services of persons specified by statute; and
       (C) authorizes the head of the agency to increase the 
     minimum, intermediate, or maximum rates of basic pay 
     authorized under applicable statutes and regulations.
       (c) Temporary Adjustment.--Regulations issued under 
     subsection (a) or (b) may provide that statutory limitations 
     on the amount of such special rates may be temporarily raised 
     to a higher level during the transition period described in 
     section _04 ending on the first day of the first pay period 
     beginning on or after January 1, 2012, at which time any 
     special rate of pay in excess of the applicable limitation 
     shall be converted to a retained rate under section 5363 of 
     title 5, United States Code.

     SEC. _04. TRANSITION SCHEDULE FOR LOCALITY-BASED 
                   COMPARABILITY PAYMENTS.

       Notwithstanding any other provision of this title or 
     section 5304 or 5304a of title 5, United States Code, in 
     implementing the amendments made by this title, for each non-
     foreign area determined under section 5941(b) of that title, 
     the applicable rate for the locality-based comparability 
     adjustment that is used in the computation required under 
     section 5941(c) of that title shall be adjusted effective on 
     the first day of the first pay period beginning on or after 
     January 1--
       (1) in calendar year 2010, by using \1/3\ of the locality 
     pay percentage for the rest of United States locality pay 
     area;
       (2) in calendar year 2011, by using \2/3\ of the otherwise 
     applicable comparability payment approved by the President 
     for each non-foreign area; and
       (3) in calendar year 2012 and each subsequent year, by 
     using the full amount of the applicable comfor each non-
     foreign area.

     SEC. _05. SAVINGS PROVISION.

       (b) Savings Provisions.--
       (1) In general.--During the period described under section 
     _04 of this title, an employee paid a special rate under 5305 
     of title 5, United States Code, who the day before the date 
     of enactment of this Act was eligible to receive a cost-of-
     living allowance under section 5941 of title 5, United States 
     Code, and who continues to be officially stationed in an 
     allowance area, shall receive an increase in the employee's 
     special rate consistent with increases in the applicable 
     special rate schedule. For employees in allowance areas, the 
     minimum step rate for any grade of a special rate schedule 
     shall be increased at the time of an increase in the 
     applicable locality rate percentage for the allowance area by 
     not less than the dollar increase in the locality-based 
     comparability payment for a non-special rate employee at the 
     same minimum step provided under section _04 of this title, 
     and corresponding increases shall be provided for all step 
     rates of the given pay range.
       (2) Continuation of cost of living allowance rate.--If an 
     employee, who the day before the date of enactment of this 
     Act was eligible to receive a cost-of-living allowance under 
     section 5941 of title 5, United States Code, would receive a 
     rate of basic pay and applicable locality-based comparability 
     payment which is in excess of the maximum rate limitation set 
     under section 5304(g) of title 5, United States Code, for his 
     position (but for that maximum rate limitation) due to the 
     operation of this title, the employee shall continue to 
     receive the cost-of-living allowance rate in effect on 
     December 31, 2009 without adjustment until--
       (A) the employee leaves the allowance area or pay system; 
     or
       (B) the employee is entitled to receive basic pay 
     (including any applicable locality-based comparability 
     payment or similar supplement) at a higher rate,

     but, when any such position becomes vacant, the pay of any 
     subsequent appointee thereto shall be fixed in the manner 
     provided by applicable law and regulation.
       (3) Locality-based comparability payments.--Any employee 
     covered under paragraph (2) shall receive any applicable 
     locality-based comparability payment extended under section 
     _04 of this title which is not in excess of the maximum rate 
     set under section 5304(g) of title 5, United States Code, for 
     his position including any future increase to statutory pay 
     limitations under 5318 of title 5, United States Code. 
     Notwithstanding paragraph (2), to the extent that an employee 
     covered under that paragraph receives any amount of locality-
     based comparability payment, the cost-of-living allowance 
     rate under that paragraph shall be reduced accordingly, as 
     provided under section 5941(c)(2)(B) of title 5, United 
     States Code.

     SEC. _06. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

       (a) In General.--
       (1) Definition.--In this subsection, the term ``covered 
     employee'' means--
       (A) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid a cost-of-living allowance 
     under 5941 of title 5, United States Code; and
       (II) was not eligible to be paid locality-based 
     comparability payments under 5304 or 5304a of that title; or

       (ii) on or after the date of enactment of this Act becomes 
     eligible to be paid a cost-of-living allowance under 5941 of 
     title 5, United States Code; or
       (B) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) was eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) was employed by the Transportation Security 
     Administration of the Department of Homeland Security and was 
     eligible to be paid an allowance based on section 5941 of 
     title 5, United States Code; or
       (IV) was eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code; or

       (ii) on or after the date of enactment of this Act--

       (I) becomes eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) becomes eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) is employed by the Transportation Security 
     Administration of the Department of Homeland Security and 
     becomes eligible to be paid an allowance based on section 
     5941 of title 5, United States Code; or

[[Page 14223]]

       (IV) is eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code.

       (2) Application to covered employees.--
       (A) In general.--Notwithstanding any other provision of 
     law, for purposes of this title (including the amendments 
     made by this title) any covered employee shall be treated as 
     an employee to whom section 5941 of title 5, United States 
     Code (as amended by section _02 of this title), and section 
     _04 of this title apply.
       (B) Pay fixed by statute.--Pay to covered employees under 
     section 5304 or 5304a of title 5, United States Code, as a 
     result of the application of this title shall be considered 
     to be fixed by statute.
       (C) Performance appraisal system.--With respect to a 
     covered employee who is subject to a performance appraisal 
     system no part of pay attributable to locality-based 
     comparability payments as a result of the application of this 
     title including section 5941 of title 5, United States Code 
     (as amended by section _02 of this title), may be reduced on 
     the basis of the performance of that employee.
       (b) Postal Employees in Non-Foreign Areas.--
       (1) In general.--Section 1005(b) of title 39, United States 
     Code, is amended--
       (A) by inserting ``(1)'' after ``(b)'';
       (B) by striking ``Section 5941,'' and inserting ``Except as 
     provided under paragraph (2), section 5941'';
       (C) by striking ``For purposes of such section,'' and 
     inserting ``Except as provided under paragraph (2), for 
     purposes of section 5941 of that title,''; and
       (D) by adding at the end the following:
       ``(2) On and after the date of enactment of the Non-Foreign 
     Area Retirement Equity Assurance Act of 2009--
       ``(A) the provisions of that Act and section 5941 of title 
     5 shall apply to officers and employees covered by section 
     1003 (b) and (c) whose duty station is in a nonforeign area; 
     and
       ``(B) with respect to officers and employees of the Postal 
     Service (other than those officers and employees described 
     under subparagraph (A)) of section _06(b)(2) of that Act 
     shall apply.''.
       (2) Continuation of cost of living allowance.--
       (A) In general.--Notwithstanding any other provision of 
     this title, any employee of the Postal Service (other than an 
     employee covered by section 1003 (b) and (c) of title 39, 
     United States Code, whose duty station is in a nonforeign 
     area) who is paid an allowance under section 1005(b) of that 
     title shall be treated for all purposes as if the provisions 
     of this title (including the amendments made by this title) 
     had not been enacted, except that the cost-of-living 
     allowance rate paid to that employee--
       (i) may result in the allowance exceeding 25 percent of the 
     rate of basic pay of that employee; and
       (ii) shall be the greater of--

       (I) the cost-of-living allowance rate in effect on December 
     31, 2009 for the applicable area; or
       (II) the applicable locality-based comparability pay 
     percentage under section _04.

       (B) Rule of construction.--Nothing in this title shall be 
     construed to--
       (i) provide for an employee described under subparagraph 
     (A) to be a covered employee as defined under subsection (a); 
     or
       (ii) authorize an employee described under subparagraph (A) 
     to file an election under section _07 of this title.

     SEC. _07. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY 
                   COMPUTATION BY EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means any employee--
       (1) to whom section _04 applies;
       (2) who is separated from service by reason of retirement 
     under chapter 83 or 84 of title 5, United States Code, during 
     the period of January 1, 2010, through December 31, 2012; and
       (3) who files an election with the Office of Personnel 
     Management under subsection (b).
       (b) Election.--
       (1) In general.--An employee described under subsection (a) 
     (1) and (2) may file an election with the Office of Personnel 
     Management to be covered under this section.
       (2) Deadline.--An election under this subsection may be 
     filed not later than December 31, 2012.
       (c) Computation of Annuity.--
       (1) In general.--Except as provided under paragraph (2), 
     for purposes of the computation of an annuity of a covered 
     employee any cost-of-living allowance under section 5941 of 
     title 5, United States Code, paid to that employee during the 
     first applicable pay period beginning on or after January 1, 
     2010 through the first applicable pay period ending on or 
     after December 31, 2012, shall be considered basic pay as 
     defined under section 8331(3) or 8401(4) of that title.
       (2) Limitation.--The amount of the cost-of-living allowance 
     which may be considered basic pay under paragraph (1) may not 
     exceed the amount of the locality-based comparability 
     payments the employee would have received during that period 
     for the applicable pay area if the limitation under section 
     _04 of this title did not apply.
       (d) Civil Service Retirement and Disability Retirement 
     Fund.--
       (1) Employee contributions.--A covered employee shall pay 
     into the Civil Service Retirement and Disability Retirement 
     Fund--
       (A) an amount equal to the difference between--
       (i) employee contributions that would have been deducted 
     and withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during the period described under 
     subsection (c) of this section if the cost-of-living 
     allowances described under that subsection had been treated 
     as basic pay under section 8331(3) or 8401(4) of title 5, 
     United States Code; and
       (ii) employee contributions that were actually deducted and 
     withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during that period; and
       (B) interest as prescribed under section 8334(e) of title 
     5, United States Code, based on the amount determined under 
     subparagraph (A).
       (2) Agency contributions.--
       (A) In general.--The employing agency of a covered employee 
     shall pay into the Civil Service Retirement and Disability 
     Retirement Fund an amount for applicable agency contributions 
     based on payments made under paragraph (1).
       (B) Source.--Amounts paid under this paragraph shall be 
     contributed from the appropriation or fund used to pay the 
     employee.
       (3) Regulations.--The Office of Personnel Management may 
     prescribe regulations to carry out this section.

     SEC. _08. REGULATIONS.

       (a) In General.--The Director of the Office of Personnel 
     Management shall prescribe regulations to carry out this 
     title, including--
       (1) rules for special rate employees described under 
     section _03;
       (2) rules for adjusting rates of basic pay for employees in 
     pay systems administered by the Office of Personnel 
     Management when such employees are not entitled to locality-
     based comparability payments under section 5304 of title 5, 
     United States Code, without regard to otherwise applicable 
     statutory pay limitations during the transition period 
     described in section _04 ending on the first day of the first 
     pay period beginning on or after January 1, 2012; and
       (3) rules governing establishment and adjustment of saved 
     or retained rates for any employee whose rate of pay exceeds 
     applicable pay limitations on the first day of the first pay 
     period beginning on or after January 1, 2012.
       (b) Other Pay Systems.--With the concurrence of the 
     Director of the Office of Personnel Management, the 
     administrator of a pay system not administered by the Office 
     of Personnel Management shall prescribe regulations to carry 
     out this title with respect to employees in such pay system, 
     consistent with the regulations prescribed by the Office 
     under subsection (a). With respect to employees not entitled 
     to locality-based comparability payments under section 5304 
     of title 5, United States Code, regulations prescribed under 
     this subsection may provide for special payments or 
     adjustments for employees who were eligible to receive a 
     cost-of-living allowance under section 5941 of that title on 
     the date before the date of enactment of this Act.

     SEC. _09. EFFECTIVE DATES.

       (a) In General.--Except as provided by subsection (b), this 
     title (including the amendments made by this title) shall 
     take effect on the date of enactment of this Act.
       (b) Locality Pay and Schedule.--The amendments made by 
     section _02 and the provisions of section _04 shall take 
     effect on the first day of the first applicable pay period 
     beginning on or after January 1, 2010.
                                 ______
                                 
  SA 1284. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 1225 submitted by Mr. Coburn and intended to be 
proposed to the bill H.R. 1256, to protect the public health by 
providing the Food and Drug Administration with certain authority to 
regulate tobacco products, to amend title 5, United States Code, to 
make certain modifications in the Thrift Savings Plan, the Civil 
Service Retirement System, and the Federal Employees' Retirement 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. IMMEDIATE, MANDATORY EVALUATION OF POTENTIAL 
                   VIOLATIONS OF THE FEDERAL FOOD, DRUG, AND 
                   COSMETIC ACT.

       (a) Immediate, Mandatory Evaluation and Report.--
       (1) Immediate, mandatory evaluation.--The Secretary of 
     Health and Human Services shall conduct an evaluation of the 
     manufacture, distribution, and use of marijuana in States 
     that have enacted laws legalizing, decriminalizing, or 
     otherwise allowing the use of marijuana for purported medical 
     use to determine--
       (A) whether such activity conflicts with any provision of 
     Federal law for which the

[[Page 14224]]

     Department of Health of Human Services is responsible; and
       (B) whether such medical marijuana programs conflict with 
     any provision of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 301 et seq.) that is designed to ensure the safety and 
     effectiveness of drugs used by the American public.
       (2) Report.--Not later than 90 days after the date of 
     enactment of this Act, and after an opportunity for public 
     comment, the Secretary of Health and Human Services shall 
     submit to Congress a report concerning the findings of the 
     evaluation conducted under paragraph (1).
       (b) Report on Research.--The Secretary of Health and Human 
     Services shall report to Congress on efforts to respond to 
     privately-funded research to evaluate marijuana for possible 
     prescription use, after being subjected to the full 
     regulatory processes, evaluations, and requirements of the 
     Food and Drug Administration, including Phase II and III 
     studies, risk evaluation and mitigation strategy, and all 
     other requirements of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 301 et seq.) regarding safe and effective 
     reviews, approval, sale, marketing, and use of 
     pharmaceuticals.
                                 ______
                                 
  SA 1285. Mrs. HAGAN submitted an amendment intended to be proposed by 
her to the bill H.R. 1256, to protect the public health by providing 
the Food and Drug Administration with certain authority to regulate 
tobacco products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 69, strike line 24 and insert the following:

     ``taining domestically grown tobacco; and
       ``(E) shall require that all tobacco product testing on 
     domestic and foreign manufacturers' products, to determine 
     compliance with standards under this section, be performed in 
     laboratories accredited by the Secretary (or by an 
     accreditation body recognized by the Secretary) for such 
     purpose, in accordance with the procedures established by the 
     Secretary.
                                 ______
                                 
  SA 1286. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 1256, to protect the public health by providing 
the Food and Drug Administration with certain authority to regulate 
tobacco products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:

     SEC. __. IMMEDIATE, MANDATORY EVALUATION OF POTENTIAL 
                   VIOLATIONS OF THE FEDERAL FOOD, DRUG, AND 
                   COSMETIC ACT.

       (a) Immediate, Mandatory Evaluation and Report.--
       (1) Immediate, mandatory evaluation.--The Secretary of 
     Health and Human Services shall conduct an evaluation of the 
     manufacture, distribution, and use of marijuana in States 
     that have enacted laws legalizing, decriminalizing, or 
     otherwise allowing the use of marijuana for purported medical 
     use to determine--
       (A) whether such activity conflicts with any provision of 
     Federal law for which the Department of Health of Human 
     Services is responsible; and
       (B) whether such medical marijuana programs conflict with 
     any provision of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 301 et seq.) that is designed to ensure the safety and 
     effectiveness of drugs used by the American public.
       (2) Report.--Not later than 90 days after the date of 
     enactment of this Act, and after an opportunity for public 
     comment, the Secretary of Health and Human Services shall 
     submit to Congress a report concerning the findings of the 
     evaluation conducted under paragraph (1).
       (b) Report on Research.--The Secretary of Health and Human 
     Services shall report to Congress on efforts to respond to 
     privately-funded research to evaluate marijuana for possible 
     prescription use, after being subjected to the full 
     regulatory processes, evaluations, and requirements of the 
     Food and Drug Administration, including Phase II and III 
     studies, risk evaluation and mitigation strategy, and all 
     other requirements of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 301 et seq.) regarding safe and effective 
     reviews, approval, sale, marketing, and use of 
     pharmaceuticals.
                                 ______
                                 
  SA 1287. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1256, to protect the public health by providing 
the Food and Drug Administration with certain authority to regulate 
tobacco products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 23, strike lines 4 through 16, and insert the 
     following:
       ``(3) Cigarette.--The term `cigarette' means a product that 
     is a tobacco product and that--
       ``(A) meets the definition of the term `cigarette' in 
     section 3(1) of the Federal Cigarette Labeling and 
     Advertising Act; or
       ``(B) because of its appearance, the type of tobacco used 
     in the filler, or its packaging and labeling, is likely to be 
     offered to, or purchase by, consumers as a cigarette or as 
     roll-your-own tobacco.''.
                                 ______
                                 
  SA 1288. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1256, to protect the public health by providing 
the Food and Drug Administration with certain authority to regulate 
tobacco products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 23, line 8, strike ``section 3(1)'' and insert 
     ``section 3(1)(A) or section 3(1)(B)''.
                                 ______
                                 
  SA 1289. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1256, to protect the public health by providing 
the Food and Drug Administration with certain authority to regulate 
tobacco products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title I of division B, add the following:

            Subtitle B--Other Retirement-Related Provisions

     SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section 6301(2)(x) through (xiii), the days 
     of unused sick leave to his credit include any unused sick 
     leave standing to his credit when he was excepted from such 
     subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to

[[Page 14225]]

     service performed on or after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.
       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.
                                 ______
                                 
  SA 1290. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mr. 
Voinovich) submitted an amendment intended to be proposed by him to the 
bill H.R. 1256, to protect the public health by providing the Food and 
Drug Administration with certain authority to regulate tobacco 
products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title I of division B, add the following:

            Subtitle B--Other Retirement-Related Provisions

     SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section 6301(2)(x) through (xiii), the days 
     of unused sick leave to his credit include any unused sick 
     leave standing to his credit when he was excepted from such 
     subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

[[Page 14226]]



     SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.
       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.

     SEC. 116. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE 
                   EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means an individual who--
       (1) was hired as a member of the United States Secret 
     Service Division during the period beginning on January 1, 
     1984 through December 31, 1986;
       (2) has actively performed duties other than clerical for 
     10 or more years directly related to the protection mission 
     of the United States Secret Service described under section 
     3056 of title 18, United States Code;
       (3) is serving as a member of the United States Secret 
     Service Division or the United States Secret Service Uniform 
     Division (or any successor entity) on the effective date of 
     this section; and
       (4) files an election to be a covered employee under 
     subsection (b)(1).
       (b) Election of Coverage.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, an individual described under 
     subsection (a)(1), (2), and (3) may file an election with the 
     United States Secret Service to be a covered employee and to 
     transition to the District of Columbia Police and Fire 
     Fighter Retirement and Disability System.
       (2) Notification.--Not later than 30 days after the date of 
     enactment of this Act, the Office of Personnel Management and 
     the United States Secret Service shall notify each individual 
     described under subsection

[[Page 14227]]

     (a)(1), (2), and (3) that the individual is qualified to file 
     an election under paragraph (1).
       (c) Retirement Coverage Conversion.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and in consultation with the Secretary 
     of Homeland Security and the Thrift Savings Board, the Office 
     of Personnel Management shall prescribe regulations to carry 
     out the responsibilities of the Federal Government under this 
     section. The regulations prescribed under this paragraph 
     shall provide for transition of covered employees from the 
     Federal Employees' Retirement System to the Civil Service 
     Retirement System.
       (2) Treatment of covered employees.--
       (A) Election of coverage.--
       (i) In general.--If a covered employee files an election 
     under subsection (b)(1), the covered employee shall, subject 
     to clause (ii), be converted from the Federal Employees' 
     Retirement System to the Civil Service Retirement System.
       (ii) Coverage in district of columbia retirement system.--

       (I) In general.--Chapter 7 of title 5 of the District of 
     Columbia Code shall apply with respect to a covered employee 
     on the date on which the covered employee transitions to the 
     Civil Service Retirement System.
       (II) Authorization for district of columbia.--The 
     government of the District of Columbia shall provide for the 
     coverage of covered employees in the District of Columbia 
     Police and Fire Fighter Retirement and Disability System in 
     accordance with this section.

       (B) Thrift savings plan.--A covered employee shall forfeit, 
     under procedures prescribed by the Executive Director of the 
     Federal Retirement Thrift Investment Board, all Thrift 
     Savings Plan contributions and associated earnings made by an 
     employing agency pursuant to section 8432(c) of title 5, 
     United States Code. Any amounts remaining in the Thrift 
     Savings Plan account of the covered employee may be 
     transferred to a private account or the District of Columbia 
     Police and Firefighter Retirement and Disability System.
       (C) Forfeiture of social security benefits.--
       (i) Contributions.--Upon conversion into the Civil Service 
     Retirement System, a covered employee shall forfeit all 
     contributions made for purposes of title II of the Social 
     Security Act on the basis of the covered employee's 
     employment with the United States Secret Service under 
     sections 3101(a) and 3111(a) of the Internal Revenue Code of 
     1986. All forfeited funds shall remain in the Federal Old-Age 
     and Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund, as applicable. Notwithstanding 
     paragraphs (4) and (5) of section 205(c) of the Social 
     Security Act, the Commissioner of Social Security may change 
     or delete any entry with respect to wages of a covered 
     employee that are forfeited under this clause.
       (ii) Benefits.--

       (I) In general.--No individual shall be entitled to any 
     benefit under title II of the Social Security Act based on 
     any contribution forfeited under clause (i).
       (II) No effect on medicare benefits.--Notwithstanding the 
     forfeiture of contributions by a covered employee under 
     clause (i), such contributions shall continue to be treated 
     as having been made while performing medicare qualified 
     government employment (as defined in section 210(p) of the 
     Social Security Act) for purposes of sections 226 and 226A of 
     that Act.

       (3) Implementation.--The Office of Personnel Management, 
     the Department of Homeland Security, the Social Security 
     Administration, and the Thrift Savings Board shall take such 
     actions as necessary to provide for the implementation of 
     this section.
       (d) Effective Date.--
       (1) In general.--Except as provided under paragraph (2), 
     this section shall take effect on the first day of the first 
     applicable pay period that begins 180 days after the date of 
     enactment of this Act.
       (2) Elections and implementation.--Subsections (b) and 
     (c)(1) and (3) shall take effect on the date of enactment of 
     this Act.

        TITLE ___--NON-FOREIGN AREA RETIREMENT EQUITY ASSURANCE

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Non-Foreign Area 
     Retirement Equity Assurance Act of 2009'' or the ``Non-
     Foreign AREA Act of 2009''.

     SEC. _02. EXTENSION OF LOCALITY PAY.

       (a) Locality-Based Comparability Payments.--Section 5304 of 
     title 5, United States Code, is amended--
       (1) in subsection (f)(1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) each General Schedule position in the United States, 
     as defined under section 5921(4), and its territories and 
     possessions, including the Commonwealth of Puerto Rico and 
     the Commonwealth of the Northern Mariana Islands, shall be 
     included within a pay locality;'';
       (2) in subsection (g)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B) by striking the period and 
     inserting ``; and''; and
       (iii) by adding after subparagraph (B) the following:
       ``(C) positions under subsection (h)(1)(C) not covered by 
     appraisal systems certified under section 5382; and''; and
       (B) by adding at the end the following:
       ``(3) The applicable maximum under this subsection shall be 
     level II of the Executive Schedule for positions under 
     subsection (h)(1)(C) covered by appraisal systems certified 
     under section 5307(d).''; and
       (3) in subsection (h)(1)--
       (A) in subparagraph (B) by striking ``and'' after the 
     semicolon;
       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B) the following:
       ``(C) a Senior Executive Service position under section 
     3132 or 3151 or a senior level position under section 5376 
     stationed within the United States, but outside the 48 
     contiguous States and the District of Columbia in which the 
     incumbent was an individual who on the day before the date of 
     enactment of the Non-Foreign Area Retirement Equity Assurance 
     Act of 2009 was eligible to receive a cost-of-living 
     allowance under section 5941; and'';
       (D) in clause (iv) in the matter following subparagraph 
     (D), by inserting ``, except for members covered by 
     subparagraph (C)'' before the semicolon; and
       (E) in clause (v) in the matter following subparagraph (D), 
     by inserting ``, except for members covered by subparagraph 
     (C)'' before the semicolon.
       (b) Allowances Based on Living Costs and Conditions of 
     Environment.--Section 5941 of title 5, United States Code, is 
     amended--
       (1) in subsection (a), by adding after the last sentence 
     ``Notwithstanding any preceding provision of this subsection, 
     the cost-of-living allowance rate based on paragraph (1) 
     shall be the cost-of-living allowance rate in effect on the 
     date of enactment of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009, except as adjusted under subsection 
     (c).'';
       (2) by redesignating subsection (b) as subsection (d); and
       (3) by inserting after subsection (a) the following:
       ``(b) This section shall apply only to areas that are 
     designated as cost-of-living allowance areas as in effect on 
     December 31, 2009.
       ``(c)(1) The cost-of-living allowance rate payable under 
     this section shall be adjusted on the first day of the first 
     applicable pay period beginning on or after--
       ``(A) January 1, 2010; and
       ``(B) January 1 of each calendar year in which a locality-
     based comparability adjustment takes effect under section _04 
     (2) and (3) of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009.
       ``(2)(A) In this paragraph, the term `applicable locality-
     based comparability pay percentage' means, with respect to 
     calendar year 2010 and each calendar year thereafter, the 
     applicable percentage under section _04 (1), (2), or (3) of 
     Non-Foreign Area Retirement Equity Assurance Act of 2009.
       ``(B) Each adjusted cost-of-living allowance rate under 
     paragraph (1) shall be computed by--
       ``(i) subtracting 65 percent of the applicable locality-
     based comparability pay percentage from the cost-of-living 
     allowance percentage rate in effect on December 31, 2009; and
       ``(ii) dividing the resulting percentage determined under 
     clause (i) by the sum of--
       ``(I) one; and
       ``(II) the applicable locality-based comparability payment 
     percentage expressed as a numeral.
       ``(3) No allowance rate computed under paragraph (2) may be 
     less than zero.
       ``(4) Each allowance rate computed under paragraph (2) 
     shall be paid as a percentage of basic pay (including any 
     applicable locality-based comparability payment under section 
     5304 or similar provision of law and any applicable special 
     rate of pay under section 5305 or similar provision of 
     law).''.

     SEC. _03. ADJUSTMENT OF SPECIAL RATES.

       (a) In General.--Each special rate of pay established under 
     section 5305 of title 5, United States Code, and payable in 
     an area designated as a cost-of-living allowance area under 
     section 5941(a) of that title, shall be adjusted, on the 
     dates prescribed by section _04 of this title, in accordance 
     with regulations prescribed by the Director of the Office of 
     Personnel Management under section _08 of this title.
       (b) Agencies With Statutory Authority.--
       (1) In general.--Each special rate of pay established under 
     an authority described under paragraph (2) and payable in a 
     location designated as a cost-of-living allowance area under 
     section 5941(a)(1) of title 5, United States Code, shall be 
     adjusted in accordance with regulations prescribed by the 
     applicable head of the agency that are consistent with the 
     regulations issued by the Director of the Office of Personnel 
     Management under subsection (a).
       (2) Statutory authority.--The authority referred to under 
     paragraph (1), is any statutory authority that--
       (A) is similar to the authority exercised under section 
     5305 of title 5, United States Code;
       (B) is exercised by the head of an agency when the head of 
     the agency determines it to

[[Page 14228]]

     be necessary in order to obtain or retain the services of 
     persons specified by statute; and
       (C) authorizes the head of the agency to increase the 
     minimum, intermediate, or maximum rates of basic pay 
     authorized under applicable statutes and regulations.
       (c) Temporary Adjustment.--Regulations issued under 
     subsection (a) or (b) may provide that statutory limitations 
     on the amount of such special rates may be temporarily raised 
     to a higher level during the transition period described in 
     section _04 ending on the first day of the first pay period 
     beginning on or after January 1, 2012, at which time any 
     special rate of pay in excess of the applicable limitation 
     shall be converted to a retained rate under section 5363 of 
     title 5, United States Code.

     SEC. _04. TRANSITION SCHEDULE FOR LOCALITY-BASED 
                   COMPARABILITY PAYMENTS.

       Notwithstanding any other provision of this title or 
     section 5304 or 5304a of title 5, United States Code, in 
     implementing the amendments made by this title, for each non-
     foreign area determined under section 5941(b) of that title, 
     the applicable rate for the locality-based comparability 
     adjustment that is used in the computation required under 
     section 5941(c) of that title shall be adjusted effective on 
     the first day of the first pay period beginning on or after 
     January 1--
       (1) in calendar year 2010, by using \1/3\ of the locality 
     pay percentage for the rest of United States locality pay 
     area;
       (2) in calendar year 2011, by using \2/3\ of the otherwise 
     applicable comparability payment approved by the President 
     for each non-foreign area; and
       (3) in calendar year 2012 and each subsequent year, by 
     using the full amount of the applicable comparability payment 
     approved by the President for each non-foreign area.

     SEC. _05. SAVINGS PROVISION.

       (a) In General.--During the period described under section 
     _04 of this title, an employee paid a special rate under 5305 
     of title 5, United States Code, who the day before the date 
     of enactment of this Act was eligible to receive a cost-of-
     living allowance under section 5941 of title 5, United States 
     Code, and who continues to be officially stationed in an 
     allowance area, shall receive an increase in the employee's 
     special rate consistent with increases in the applicable 
     special rate schedule. For employees in allowance areas, the 
     minimum step rate for any grade of a special rate schedule 
     shall be increased at the time of an increase in the 
     applicable locality rate percentage for the allowance area by 
     not less than the dollar increase in the locality-based 
     comparability payment for a non-special rate employee at the 
     same minimum step provided under section _04 of this title, 
     and corresponding increases shall be provided for all step 
     rates of the given pay range.
       (b) Continuation of Cost of Living Allowance Rate.--If an 
     employee, who the day before the date of enactment of this 
     Act was eligible to receive a cost-of-living allowance under 
     section 5941 of title 5, United States Code, would receive a 
     rate of basic pay and applicable locality-based comparability 
     payment which is in excess of the maximum rate limitation set 
     under section 5304(g) of title 5, United States Code, for his 
     position (but for that maximum rate limitation) due to the 
     operation of this title, the employee shall continue to 
     receive the cost-of-living allowance rate in effect on 
     December 31, 2009 without adjustment until--
       (1) the employee leaves the allowance area or pay system; 
     or
       (2) the employee is entitled to receive basic pay 
     (including any applicable locality-based comparability 
     payment or similar supplement) at a higher rate,

     but, when any such position becomes vacant, the pay of any 
     subsequent appointee thereto shall be fixed in the manner 
     provided by applicable law and regulation.
       (c) Locality-Based Comparability Payments.--Any employee 
     covered under subsection (b) shall receive any applicable 
     locality-based comparability payment extended under section 
     _04 of this title which is not in excess of the maximum rate 
     set under section 5304(g) of title 5, United States Code, for 
     his position including any future increase to statutory pay 
     limitations under 5318 of title 5, United States Code. 
     Notwithstanding subsection (b), to the extent that an 
     employee covered under that subsection receives any amount of 
     locality-based comparability payment, the cost-of-living 
     allowance rate under that subsection shall be reduced 
     accordingly, as provided under section 5941(c)(2)(B) of title 
     5, United States Code.

     SEC. _06. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

       (a) In General.--
       (1) Definition.--In this subsection, the term ``covered 
     employee'' means--
       (A) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid a cost-of-living allowance 
     under 5941 of title 5, United States Code; and
       (II) was not eligible to be paid locality-based 
     comparability payments under 5304 or 5304a of that title; or

       (ii) on or after the date of enactment of this Act becomes 
     eligible to be paid a cost-of-living allowance under 5941 of 
     title 5, United States Code; or
       (B) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) was eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) was employed by the Transportation Security 
     Administration of the Department of Homeland Security and was 
     eligible to be paid an allowance based on section 5941 of 
     title 5, United States Code; or
       (IV) was eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code; or

       (ii) on or after the date of enactment of this Act--

       (I) becomes eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) becomes eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) is employed by the Transportation Security 
     Administration of the Department of Homeland Security and 
     becomes eligible to be paid an allowance based on section 
     5941 of title 5, United States Code; or
       (IV) is eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code.

       (2) Application to covered employees.--
       (A) In general.--Notwithstanding any other provision of 
     law, for purposes of this title (including the amendments 
     made by this title) any covered employee shall be treated as 
     an employee to whom section 5941 of title 5, United States 
     Code (as amended by section _02 of this title), and section 
     _04 of this title apply.
       (B) Pay fixed by statute.--Pay to covered employees under 
     section 5304 or 5304a of title 5, United States Code, as a 
     result of the application of this title shall be considered 
     to be fixed by statute.
       (C) Performance appraisal system.--With respect to a 
     covered employee who is subject to a performance appraisal 
     system no part of pay attributable to locality-based 
     comparability payments as a result of the application of this 
     title including section 5941 of title 5, United States Code 
     (as amended by section _02 of this title), may be reduced on 
     the basis of the performance of that employee.
       (b) Postal Employees in Non-Foreign Areas.--
       (1) In general.--Section 1005(b) of title 39, United States 
     Code, is amended--
       (A) by inserting ``(1)'' after ``(b)'';
       (B) by striking ``Section 5941,'' and inserting ``Except as 
     provided under paragraph (2), section 5941'';
       (C) by striking ``For purposes of such section,'' and 
     inserting ``Except as provided under paragraph (2), for 
     purposes of section 5941 of that title,''; and
       (D) by adding at the end the following:
       ``(2) On and after the date of enactment of the Non-Foreign 
     Area Retirement Equity Assurance Act of 2009--
       ``(A) the provisions of that Act and section 5941 of title 
     5 shall apply to officers and employees covered by section 
     1003 (b) and (c) whose duty station is in a nonforeign area; 
     and
       ``(B) with respect to officers and employees of the Postal 
     Service (other than those officers and employees described 
     under subparagraph (A)) of section _06(b)(2) of that Act 
     shall apply.''.
       (2) Continuation of cost of living allowance.--
       (A) In general.--Notwithstanding any other provision of 
     this title, any employee of the Postal Service (other than an 
     employee covered by section 1003 (b) and (c) of title 39, 
     United States Code, whose duty station is in a nonforeign 
     area) who is paid an allowance under section 1005(b) of that 
     title shall be treated for all purposes as if the provisions 
     of this title (including the amendments made by this title) 
     had not been enacted, except that the cost-of-living 
     allowance rate paid to that employee--
       (i) may result in the allowance exceeding 25 percent of the 
     rate of basic pay of that employee; and
       (ii) shall be the greater of--

       (I) the cost-of-living allowance rate in effect on December 
     31, 2009 for the applicable area; or
       (II) the applicable locality-based comparability pay 
     percentage under section _04.

       (B) Rule of construction.--Nothing in this title shall be 
     construed to--
       (i) provide for an employee described under subparagraph 
     (A) to be a covered employee as defined under subsection (a); 
     or
       (ii) authorize an employee described under subparagraph (A) 
     to file an election under section _07 of this title.

     SEC. _07. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY 
                   COMPUTATION BY EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means any employee--
       (1) to whom section _04 applies;
       (2) who is separated from service by reason of retirement 
     under chapter 83 or 84 of title

[[Page 14229]]

     5, United States Code, during the period of January 1, 2010, 
     through December 31, 2012; and
       (3) who files an election with the Office of Personnel 
     Management under subsection (b).
       (b) Election.--
       (1) In general.--An employee described under subsection (a) 
     (1) and (2) may file an election with the Office of Personnel 
     Management to be covered under this section.
       (2) Deadline.--An election under this subsection may be 
     filed not later than December 31, 2012.
       (c) Computation of Annuity.--
       (1) In general.--Except as provided under paragraph (2), 
     for purposes of the computation of an annuity of a covered 
     employee any cost-of-living allowance under section 5941 of 
     title 5, United States Code, paid to that employee during the 
     first applicable pay period beginning on or after January 1, 
     2010 through the first applicable pay period ending on or 
     after December 31, 2012, shall be considered basic pay as 
     defined under section 8331(3) or 8401(4) of that title.
       (2) Limitation.--The amount of the cost-of-living allowance 
     which may be considered basic pay under paragraph (1) may not 
     exceed the amount of the locality-based comparability 
     payments the employee would have received during that period 
     for the applicable pay area if the limitation under section 
     _04 of this title did not apply.
       (d) Civil Service Retirement and Disability Retirement 
     Fund.--
       (1) Employee contributions.--A covered employee shall pay 
     into the Civil Service Retirement and Disability Retirement 
     Fund--
       (A) an amount equal to the difference between--
       (i) employee contributions that would have been deducted 
     and withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during the period described under 
     subsection (c) of this section if the cost-of-living 
     allowances described under that subsection had been treated 
     as basic pay under section 8331(3) or 8401(4) of title 5, 
     United States Code; and
       (ii) employee contributions that were actually deducted and 
     withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during that period; and
       (B) interest as prescribed under section 8334(e) of title 
     5, United States Code, based on the amount determined under 
     subparagraph (A).
       (2) Agency contributions.--
       (A) In general.--The employing agency of a covered employee 
     shall pay into the Civil Service Retirement and Disability 
     Retirement Fund an amount for applicable agency contributions 
     based on payments made under paragraph (1).
       (B) Source.--Amounts paid under this paragraph shall be 
     contributed from the appropriation or fund used to pay the 
     employee.
       (3) Regulations.--The Office of Personnel Management may 
     prescribe regulations to carry out this section.

     SEC. _08. REGULATIONS.

       (a) In General.--The Director of the Office of Personnel 
     Management shall prescribe regulations to carry out this 
     title, including--
       (1) rules for special rate employees described under 
     section _03;
       (2) rules for adjusting rates of basic pay for employees in 
     pay systems administered by the Office of Personnel 
     Management when such employees are not entitled to locality-
     based comparability payments under section 5304 of title 5, 
     United States Code, without regard to otherwise applicable 
     statutory pay limitations during the transition period 
     described in section _04 ending on the first day of the first 
     pay period beginning on or after January 1, 2012; and
       (3) rules governing establishment and adjustment of saved 
     or retained rates for any employee whose rate of pay exceeds 
     applicable pay limitations on the first day of the first pay 
     period beginning on or after January 1, 2012.
       (b) Other Pay Systems.--With the concurrence of the 
     Director of the Office of Personnel Management, the 
     administrator of a pay system not administered by the Office 
     of Personnel Management shall prescribe regulations to carry 
     out this title with respect to employees in such pay system, 
     consistent with the regulations prescribed by the Office 
     under subsection (a). With respect to employees not entitled 
     to locality-based comparability payments under section 5304 
     of title 5, United States Code, regulations prescribed under 
     this subsection may provide for special payments or 
     adjustments for employees who were eligible to receive a 
     cost-of-living allowance under section 5941 of that title on 
     the date before the date of enactment of this Act.

     SEC. _09. EFFECTIVE DATES.

       (a) In General.--Except as provided by subsection (b), this 
     title (including the amendments made by this title) shall 
     take effect on the date of enactment of this Act.
       (b) Locality Pay and Schedule.--The amendments made by 
     section _02 and the provisions of section _04 shall take 
     effect on the first day of the first applicable pay period 
     beginning on or after January 1, 2010.

            TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Part-Time Reemployment of 
     Annuitants Act of 2009''.

     SEC. __2. PART-TIME REEMPLOYMENT.

       (a) Civil Service Retirement System.--Section 8344 of title 
     5, United States Code, is amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for the effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours

[[Page 14230]]

     of training or mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (m) (as so redesignated)--
       (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
       (B) in paragraph (2), by striking ``or (k)'' and inserting 
     ``(k), or (l)''.
       (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) shall 
     terminate 5 years after the date of enactment of the Part-
     Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (j) (as so redesignated)--
       (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
       (B) in paragraph (2), by striking ``or (h)'' and inserting 
     ``(h), or (i)''.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
       (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
       (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
       (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section __2.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) include the number of annuitants for whom a waiver was 
     made under subsection (l) of section 8344 of title 5, United 
     States Code, as amended by this title, or subsection (i) of 
     section 8468 of title 5, United States Code, as amended by 
     this title; and
       (2) identify each agency that used the authority described 
     in paragraph (1).
       (c) Agency Data.--Each head of an agency (as defined under 
     sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United 
     States Code, as added by section __2 of this title) shall--
       (1) collect and maintain data necessary for purposes of the 
     Comptroller General report submitted under subsection (a); 
     and
       (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1291. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, Mr. 
Voinovich, Ms. Murkowski, Mr. Inouye, Mr. Begich, Ms. Mikulski, and Mr. 
Kohl) submitted an amendment intended to be proposed by him to the bill 
H.R. 1256, to protect the public health by providing the Food and Drug 
Administration with certain authority to regulate tobacco products, to 
amend title 5, United States Code, to make certain modifications in the 
Thrift Savings Plan, the Civil Service Retirement System, and the 
Federal Employees' Retirement System, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title I of division B, add the following:

            Subtitle B--Other Retirement-Related Provisions

     SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section

[[Page 14231]]

     6301(2)(x) through (xiii), the days of unused sick leave to 
     his credit include any unused sick leave standing to his 
     credit when he was excepted from such subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.

       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.

     SEC. 116. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE 
                   EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means an individual who--
       (1) was hired as a member of the United States Secret 
     Service Division during the period beginning on January 1, 
     1984 through December 31, 1986;
       (2) has actively performed duties other than clerical for 
     10 or more years directly related to the protection mission 
     of the United States Secret Service described under section 
     3056 of title 18, United States Code;
       (3) is serving as a member of the United States Secret 
     Service Division or the United States Secret Service Uniform 
     Division (or any successor entity) on the effective date of 
     this section; and

[[Page 14232]]

       (4) files an election to be a covered employee under 
     subsection (b)(1).
       (b) Election of Coverage.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, an individual described under 
     subsection (a)(1), (2), and (3) may file an election with the 
     United States Secret Service to be a covered employee and to 
     transition to the District of Columbia Police and Fire 
     Fighter Retirement and Disability System.
       (2) Notification.--Not later than 30 days after the date of 
     enactment of this Act, the Office of Personnel Management and 
     the United States Secret Service shall notify each individual 
     described under subsection (a)(1), (2), and (3) that the 
     individual is qualified to file an election under paragraph 
     (1).
       (c) Retirement Coverage Conversion.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and in consultation with the Secretary 
     of Homeland Security and the Thrift Savings Board, the Office 
     of Personnel Management shall prescribe regulations to carry 
     out the responsibilities of the Federal Government under this 
     section. The regulations prescribed under this paragraph 
     shall provide for transition of covered employees from the 
     Federal Employees' Retirement System to the Civil Service 
     Retirement System.
       (2) Treatment of covered employees.--
       (A) Election of coverage.--
       (i) In general.--If a covered employee files an election 
     under subsection (b)(1), the covered employee shall, subject 
     to clause (ii), be converted from the Federal Employees' 
     Retirement System to the Civil Service Retirement System.
       (ii) Coverage in district of columbia retirement system.--

       (I) In general.--Chapter 7 of title 5 of the District of 
     Columbia Code shall apply with respect to a covered employee 
     on the date on which the covered employee transitions to the 
     Civil Service Retirement System.
       (II) Authorization for district of columbia.--The 
     government of the District of Columbia shall provide for the 
     coverage of covered employees in the District of Columbia 
     Police and Fire Fighter Retirement and Disability System in 
     accordance with this section.

       (B) Thrift savings plan.--A covered employee shall forfeit, 
     under procedures prescribed by the Executive Director of the 
     Federal Retirement Thrift Investment Board, all Thrift 
     Savings Plan contributions and associated earnings made by an 
     employing agency pursuant to section 8432(c) of title 5, 
     United States Code. Any amounts remaining in the Thrift 
     Savings Plan account of the covered employee may be 
     transferred to a private account or the District of Columbia 
     Police and Firefighter Retirement and Disability System.
       (C) Forfeiture of social security benefits.--
       (i) Contributions.--Upon conversion into the Civil Service 
     Retirement System, a covered employee shall forfeit all 
     contributions made for purposes of title II of the Social 
     Security Act on the basis of the covered employee's 
     employment with the United States Secret Service under 
     sections 3101(a) and 3111(a) of the Internal Revenue Code of 
     1986. All forfeited funds shall remain in the Federal Old-Age 
     and Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund, as applicable. Notwithstanding 
     paragraphs (4) and (5) of section 205(c) of the Social 
     Security Act, the Commissioner of Social Security may change 
     or delete any entry with respect to wages of a covered 
     employee that are forfeited under this clause.
       (ii) Benefits.--

       (I) In general.--No individual shall be entitled to any 
     benefit under title II of the Social Security Act based on 
     any contribution forfeited under clause (i).
       (II) No effect on medicare benefits.--Notwithstanding the 
     forfeiture of contributions by a covered employee under 
     clause (i), such contributions shall continue to be treated 
     as having been made while performing medicare qualified 
     government employment (as defined in section 210(p) of the 
     Social Security Act) for purposes of sections 226 and 226A of 
     that Act.

       (3) Implementation.--The Office of Personnel Management, 
     the Department of Homeland Security, the Social Security 
     Administration, and the Thrift Savings Board shall take such 
     actions as necessary to provide for the implementation of 
     this section.
       (d) Effective Date.--
       (1) In general.--Except as provided under paragraph (2), 
     this section shall take effect on the first day of the first 
     applicable pay period that begins 180 days after the date of 
     enactment of this Act.
       (2) Elections and implementation.--Subsections (b) and 
     (c)(1) and (3) shall take effect on the date of enactment of 
     this Act.

        TITLE ___--NON-FOREIGN AREA RETIREMENT EQUITY ASSURANCE

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Non-Foreign Area 
     Retirement Equity Assurance Act of 2009'' or the ``Non-
     Foreign AREA Act of 2009''.

     SEC. _02. EXTENSION OF LOCALITY PAY.

       (a) Locality-Based Comparability Payments.--Section 5304 of 
     title 5, United States Code, is amended--
       (1) in subsection (f)(1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) each General Schedule position in the United States, 
     as defined under section 5921(4), and its territories and 
     possessions, including the Commonwealth of Puerto Rico and 
     the Commonwealth of the Northern Mariana Islands, shall be 
     included within a pay locality;'';
       (2) in subsection (g)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B) by striking the period and 
     inserting ``; and''; and
       (iii) by adding after subparagraph (B) the following:
       ``(C) positions under subsection (h)(1)(C) not covered by 
     appraisal systems certified under section 5382; and''; and
       (B) by adding at the end the following:
       ``(3) The applicable maximum under this subsection shall be 
     level II of the Executive Schedule for positions under 
     subsection (h)(1)(C) covered by appraisal systems certified 
     under section 5307(d).''; and
       (3) in subsection (h)(1)--
       (A) in subparagraph (B) by striking ``and'' after the 
     semicolon;
       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B) the following:
       ``(C) a Senior Executive Service position under section 
     3132 or 3151 or a senior level position under section 5376 
     stationed within the United States, but outside the 48 
     contiguous States and the District of Columbia in which the 
     incumbent was an individual who on the day before the date of 
     enactment of the Non-Foreign Area Retirement Equity Assurance 
     Act of 2009 was eligible to receive a cost-of-living 
     allowance under section 5941; and'';
       (D) in clause (iv) in the matter following subparagraph 
     (D), by inserting ``, except for members covered by 
     subparagraph (C)'' before the semicolon; and
       (E) in clause (v) in the matter following subparagraph (D), 
     by inserting ``, except for members covered by subparagraph 
     (C)'' before the semicolon.
       (b) Allowances Based on Living Costs and Conditions of 
     Environment.--Section 5941 of title 5, United States Code, is 
     amended--
       (1) in subsection (a), by adding after the last sentence 
     ``Notwithstanding any preceding provision of this subsection, 
     the cost-of-living allowance rate based on paragraph (1) 
     shall be the cost-of-living allowance rate in effect on the 
     date of enactment of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009, except as adjusted under subsection 
     (c).'';
       (2) by redesignating subsection (b) as subsection (d); and
       (3) by inserting after subsection (a) the following:
       ``(b) This section shall apply only to areas that are 
     designated as cost-of-living allowance areas as in effect on 
     December 31, 2009.
       ``(c)(1) The cost-of-living allowance rate payable under 
     this section shall be adjusted on the first day of the first 
     applicable pay period beginning on or after--
       ``(A) January 1, 2010; and
       ``(B) January 1 of each calendar year in which a locality-
     based comparability adjustment takes effect under section _04 
     (2) and (3) of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009.
       ``(2)(A) In this paragraph, the term `applicable locality-
     based comparability pay percentage' means, with respect to 
     calendar year 2010 and each calendar year thereafter, the 
     applicable percentage under section _04 (1), (2), or (3) of 
     Non-Foreign Area Retirement Equity Assurance Act of 2009.
       ``(B) Each adjusted cost-of-living allowance rate under 
     paragraph (1) shall be computed by--
       ``(i) subtracting 65 percent of the applicable locality-
     based comparability pay percentage from the cost-of-living 
     allowance percentage rate in effect on December 31, 2009; and
       ``(ii) dividing the resulting percentage determined under 
     clause (i) by the sum of--
       ``(I) one; and
       ``(II) the applicable locality-based comparability payment 
     percentage expressed as a numeral.
       ``(3) No allowance rate computed under paragraph (2) may be 
     less than zero.
       ``(4) Each allowance rate computed under paragraph (2) 
     shall be paid as a percentage of basic pay (including any 
     applicable locality-based comparability payment under section 
     5304 or similar provision of law and any applicable special 
     rate of pay under section 5305 or similar provision of 
     law).''.

     SEC. _03. ADJUSTMENT OF SPECIAL RATES.

       (a) In General.--Each special rate of pay established under 
     section 5305 of title 5, United States Code, and payable in 
     an area designated as a cost-of-living allowance area under 
     section 5941(a) of that title, shall be adjusted, on the 
     dates prescribed by section _04 of this title, in accordance 
     with regulations prescribed by the Director of the Office of 
     Personnel Management under section _08 of this title.
       (b) Agencies With Statutory Authority.--
       (1) In general.--Each special rate of pay established under 
     an authority described under paragraph (2) and payable in a 
     location

[[Page 14233]]

     designated as a cost-of-living allowance area under section 
     5941(a)(1) of title 5, United States Code, shall be adjusted 
     in accordance with regulations prescribed by the applicable 
     head of the agency that are consistent with the regulations 
     issued by the Director of the Office of Personnel Management 
     under subsection (a).
       (2) Statutory authority.--The authority referred to under 
     paragraph (1), is any statutory authority that--
       (A) is similar to the authority exercised under section 
     5305 of title 5, United States Code;
       (B) is exercised by the head of an agency when the head of 
     the agency determines it to be necessary in order to obtain 
     or retain the services of persons specified by statute; and
       (C) authorizes the head of the agency to increase the 
     minimum, intermediate, or maximum rates of basic pay 
     authorized under applicable statutes and regulations.
       (c) Temporary Adjustment.--Regulations issued under 
     subsection (a) or (b) may provide that statutory limitations 
     on the amount of such special rates may be temporarily raised 
     to a higher level during the transition period described in 
     section _04 ending on the first day of the first pay period 
     beginning on or after January 1, 2012, at which time any 
     special rate of pay in excess of the applicable limitation 
     shall be converted to a retained rate under section 5363 of 
     title 5, United States Code.

     SEC. _04. TRANSITION SCHEDULE FOR LOCALITY-BASED 
                   COMPARABILITY PAYMENTS.

       Notwithstanding any other provision of this title or 
     section 5304 or 5304a of title 5, United States Code, in 
     implementing the amendments made by this title, for each non-
     foreign area determined under section 5941(b) of that title, 
     the applicable rate for the locality-based comparability 
     adjustment that is used in the computation required under 
     section 5941(c) of that title shall be adjusted effective on 
     the first day of the first pay period beginning on or after 
     January 1--
       (1) in calendar year 2010, by using \1/3\ of the locality 
     pay percentage for the rest of United States locality pay 
     area;
       (2) in calendar year 2011, by using \2/3\ of the otherwise 
     applicable comparability payment approved by the President 
     for each non-foreign area; and
       (3) in calendar year 2012 and each subsequent year, by 
     using the full amount of the applicable comparability payment 
     approved by the President for each non-foreign area.

     SEC. _05. SAVINGS PROVISION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the application of this title to any employee should 
     not result in a decrease in the take home pay of that 
     employee;
       (2) in calendar year 2012 and each subsequent year, no 
     employee shall receive less than the Rest of the U.S. 
     locality pay rate;
       (3) concurrent with the surveys next conducted under the 
     provisions of section 5304(d)(1)(A) of title 5, United States 
     Code, beginning after the date of the enactment of this Act, 
     the Bureau of Labor Statistics should conduct separate 
     surveys to determine the extent of any pay disparity (as 
     defined by section 5302 of that title) that may exist with 
     respect to positions located in the State of Alaska, the 
     State of Hawaii, and the United States territories, including 
     American Samoa, Guam, Commonwealth of the Northern Mariana 
     Islands, Commonwealth of Puerto Rico, and the United States 
     Virgin Islands;
       (4) if the surveys under paragraph (3) indicate that the 
     pay disparity determined for the State of Alaska, the State 
     of Hawaii, or any 1 of the United States territories 
     including American Samoa, Guam, Commonwealth of the Northern 
     Mariana Islands, Commonwealth of Puerto Rico, and the United 
     States Virgin Islands exceeds the pay disparity determined 
     for the locality which (for purposes of section 5304 of that 
     title) is commonly known as the ``Rest of the United 
     States'', the President's Pay Agent should take appropriate 
     measures to provide that each such surveyed area be treated 
     as a separate pay locality for purposes of that section; and
       (5) the President's Pay Agent will establish 1 locality 
     area for the entire State of Hawaii and 1 locality area for 
     the entire State of Alaska.
       (b) Savings Provisions.--
       (1) In general.--During the period described under section 
     _04 of this title, an employee paid a special rate under 5305 
     of title 5, United States Code, who the day before the date 
     of enactment of this Act was eligible to receive a cost-of-
     living allowance under section 5941 of title 5, United States 
     Code, and who continues to be officially stationed in an 
     allowance area, shall receive an increase in the employee's 
     special rate consistent with increases in the applicable 
     special rate schedule. For employees in allowance areas, the 
     minimum step rate for any grade of a special rate schedule 
     shall be increased at the time of an increase in the 
     applicable locality rate percentage for the allowance area by 
     not less than the dollar increase in the locality-based 
     comparability payment for a non-special rate employee at the 
     same minimum step provided under section _04 of this title, 
     and corresponding increases shall be provided for all step 
     rates of the given pay range.
       (2) Continuation of cost of living allowance rate.--If an 
     employee, who the day before the date of enactment of this 
     Act was eligible to receive a cost-of-living allowance under 
     section 5941 of title 5, United States Code, would receive a 
     rate of basic pay and applicable locality-based comparability 
     payment which is in excess of the maximum rate limitation set 
     under section 5304(g) of title 5, United States Code, for his 
     position (but for that maximum rate limitation) due to the 
     operation of this title, the employee shall continue to 
     receive the cost-of-living allowance rate in effect on 
     December 31, 2009 without adjustment until--
       (A) the employee leaves the allowance area or pay system; 
     or
       (B) the employee is entitled to receive basic pay 
     (including any applicable locality-based comparability 
     payment or similar supplement) at a higher rate,

     but, when any such position becomes vacant, the pay of any 
     subsequent appointee thereto shall be fixed in the manner 
     provided by applicable law and regulation.
       (3) Locality-based comparability payments.--Any employee 
     covered under paragraph (2) shall receive any applicable 
     locality-based comparability payment extended under section 
     _04 of this title which is not in excess of the maximum rate 
     set under section 5304(g) of title 5, United States Code, for 
     his position including any future increase to statutory pay 
     limitations under 5318 of title 5, United States Code. 
     Notwithstanding paragraph (2), to the extent that an employee 
     covered under that paragraph receives any amount of locality-
     based comparability payment, the cost-of-living allowance 
     rate under that paragraph shall be reduced accordingly, as 
     provided under section 5941(c)(2)(B) of title 5, United 
     States Code.

     SEC. _06. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

       (a) In General.--
       (1) Definition.--In this subsection, the term ``covered 
     employee'' means--
       (A) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid a cost-of-living allowance 
     under 5941 of title 5, United States Code; and
       (II) was not eligible to be paid locality-based 
     comparability payments under 5304 or 5304a of that title; or

       (ii) on or after the date of enactment of this Act becomes 
     eligible to be paid a cost-of-living allowance under 5941 of 
     title 5, United States Code; or
       (B) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) was eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) was employed by the Transportation Security 
     Administration of the Department of Homeland Security and was 
     eligible to be paid an allowance based on section 5941 of 
     title 5, United States Code; or
       (IV) was eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code; or

       (ii) on or after the date of enactment of this Act--

       (I) becomes eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) becomes eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) is employed by the Transportation Security 
     Administration of the Department of Homeland Security and 
     becomes eligible to be paid an allowance based on section 
     5941 of title 5, United States Code; or
       (IV) is eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code.

       (2) Application to covered employees.--
       (A) In general.--Notwithstanding any other provision of 
     law, for purposes of this title (including the amendments 
     made by this title) any covered employee shall be treated as 
     an employee to whom section 5941 of title 5, United States 
     Code (as amended by section _02 of this title), and section 
     _04 of this title apply.
       (B) Pay fixed by statute.--Pay to covered employees under 
     section 5304 or 5304a of title 5, United States Code, as a 
     result of the application of this title shall be considered 
     to be fixed by statute.
       (C) Performance appraisal system.--With respect to a 
     covered employee who is subject to a performance appraisal 
     system no part of pay attributable to locality-based 
     comparability payments as a result of the application of this 
     title including section 5941 of title 5, United States Code 
     (as amended by section _02 of this title), may be reduced on 
     the basis of the performance of that employee.
       (b) Postal Employees in Non-Foreign Areas.--
       (1) In general.--Section 1005(b) of title 39, United States 
     Code, is amended--
       (A) by inserting ``(1)'' after ``(b)'';

[[Page 14234]]

       (B) by striking ``Section 5941,'' and inserting ``Except as 
     provided under paragraph (2), section 5941'';
       (C) by striking ``For purposes of such section,'' and 
     inserting ``Except as provided under paragraph (2), for 
     purposes of section 5941 of that title,''; and
       (D) by adding at the end the following:
       ``(2) On and after the date of enactment of the Non-Foreign 
     Area Retirement Equity Assurance Act of 2009--
       ``(A) the provisions of that Act and section 5941 of title 
     5 shall apply to officers and employees covered by section 
     1003 (b) and (c) whose duty station is in a nonforeign area; 
     and
       ``(B) with respect to officers and employees of the Postal 
     Service (other than those officers and employees described 
     under subparagraph (A)) of section _06(b)(2) of that Act 
     shall apply.''.
       (2) Continuation of cost of living allowance.--
       (A) In general.--Notwithstanding any other provision of 
     this title, any employee of the Postal Service (other than an 
     employee covered by section 1003 (b) and (c) of title 39, 
     United States Code, whose duty station is in a nonforeign 
     area) who is paid an allowance under section 1005(b) of that 
     title shall be treated for all purposes as if the provisions 
     of this title (including the amendments made by this title) 
     had not been enacted, except that the cost-of-living 
     allowance rate paid to that employee--
       (i) may result in the allowance exceeding 25 percent of the 
     rate of basic pay of that employee; and
       (ii) shall be the greater of--

       (I) the cost-of-living allowance rate in effect on December 
     31, 2009 for the applicable area; or
       (II) the applicable locality-based comparability pay 
     percentage under section _04.

       (B) Rule of construction.--Nothing in this title shall be 
     construed to--
       (i) provide for an employee described under subparagraph 
     (A) to be a covered employee as defined under subsection (a); 
     or
       (ii) authorize an employee described under subparagraph (A) 
     to file an election under section _07 of this title.

     SEC. _07. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY 
                   COMPUTATION BY EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means any employee--
       (1) to whom section _04 applies;
       (2) who is separated from service by reason of retirement 
     under chapter 83 or 84 of title 5, United States Code, during 
     the period of January 1, 2010, through December 31, 2012; and
       (3) who files an election with the Office of Personnel 
     Management under subsection (b).
       (b) Election.--
       (1) In general.--An employee described under subsection (a) 
     (1) and (2) may file an election with the Office of Personnel 
     Management to be covered under this section.
       (2) Deadline.--An election under this subsection may be 
     filed not later than December 31, 2012.
       (c) Computation of Annuity.--
       (1) In general.--Except as provided under paragraph (2), 
     for purposes of the computation of an annuity of a covered 
     employee any cost-of-living allowance under section 5941 of 
     title 5, United States Code, paid to that employee during the 
     first applicable pay period beginning on or after January 1, 
     2010 through the first applicable pay period ending on or 
     after December 31, 2012, shall be considered basic pay as 
     defined under section 8331(3) or 8401(4) of that title.
       (2) Limitation.--The amount of the cost-of-living allowance 
     which may be considered basic pay under paragraph (1) may not 
     exceed the amount of the locality-based comparability 
     payments the employee would have received during that period 
     for the applicable pay area if the limitation under section 
     _04 of this title did not apply.
       (d) Civil Service Retirement and Disability Retirement 
     Fund.--
       (1) Employee contributions.--A covered employee shall pay 
     into the Civil Service Retirement and Disability Retirement 
     Fund--
       (A) an amount equal to the difference between--
       (i) employee contributions that would have been deducted 
     and withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during the period described under 
     subsection (c) of this section if the cost-of-living 
     allowances described under that subsection had been treated 
     as basic pay under section 8331(3) or 8401(4) of title 5, 
     United States Code; and
       (ii) employee contributions that were actually deducted and 
     withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during that period; and
       (B) interest as prescribed under section 8334(e) of title 
     5, United States Code, based on the amount determined under 
     subparagraph (A).
       (2) Agency contributions.--
       (A) In general.--The employing agency of a covered employee 
     shall pay into the Civil Service Retirement and Disability 
     Retirement Fund an amount for applicable agency contributions 
     based on payments made under paragraph (1).
       (B) Source.--Amounts paid under this paragraph shall be 
     contributed from the appropriation or fund used to pay the 
     employee.
       (3) Regulations.--The Office of Personnel Management may 
     prescribe regulations to carry out this section.

     SEC. _08. REGULATIONS.

       (a) In General.--The Director of the Office of Personnel 
     Management shall prescribe regulations to carry out this 
     title, including--
       (1) rules for special rate employees described under 
     section _03;
       (2) rules for adjusting rates of basic pay for employees in 
     pay systems administered by the Office of Personnel 
     Management when such employees are not entitled to locality-
     based comparability payments under section 5304 of title 5, 
     United States Code, without regard to otherwise applicable 
     statutory pay limitations during the transition period 
     described in section _04 ending on the first day of the first 
     pay period beginning on or after January 1, 2012; and
       (3) rules governing establishment and adjustment of saved 
     or retained rates for any employee whose rate of pay exceeds 
     applicable pay limitations on the first day of the first pay 
     period beginning on or after January 1, 2012.
       (b) Other Pay Systems.--With the concurrence of the 
     Director of the Office of Personnel Management, the 
     administrator of a pay system not administered by the Office 
     of Personnel Management shall prescribe regulations to carry 
     out this title with respect to employees in such pay system, 
     consistent with the regulations prescribed by the Office 
     under subsection (a). With respect to employees not entitled 
     to locality-based comparability payments under section 5304 
     of title 5, United States Code, regulations prescribed under 
     this subsection may provide for special payments or 
     adjustments for employees who were eligible to receive a 
     cost-of-living allowance under section 5941 of that title on 
     the date before the date of enactment of this Act.

     SEC. _09. EFFECTIVE DATES.

       (a) In General.--Except as provided by subsection (b), this 
     title (including the amendments made by this title) shall 
     take effect on the date of enactment of this Act.
       (b) Locality Pay and Schedule.--The amendments made by 
     section _02 and the provisions of section _04 shall take 
     effect on the first day of the first applicable pay period 
     beginning on or after January 1, 2010.

            TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Part-Time Reemployment of 
     Annuitants Act of 2009''.

     SEC. __2. PART-TIME REEMPLOYMENT.

       (a) Civil Service Retirement System.--Section 8344 of title 
     5, United States Code, is amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or

[[Page 14235]]

       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for the effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (m) (as so redesignated)--
       (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
       (B) in paragraph (2), by striking ``or (k)'' and inserting 
     ``(k), or (l)''.
       (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) shall 
     terminate 5 years after the date of enactment of the Part-
     Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (j) (as so redesignated)--
       (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
       (B) in paragraph (2), by striking ``or (h)'' and inserting 
     ``(h), or (i)''.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
       (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
       (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
       (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section __2.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) include the number of annuitants for whom a waiver was 
     made under subsection (l) of section 8344 of title 5, United 
     States Code, as amended by this title, or subsection (i) of 
     section 8468 of title 5, United States Code, as amended by 
     this title; and
       (2) identify each agency that used the authority described 
     in paragraph (1).

[[Page 14236]]

       (c) Agency Data.--Each head of an agency (as defined under 
     sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United 
     States Code, as added by section __2 of this title) shall--
       (1) collect and maintain data necessary for purposes of the 
     Comptroller General report submitted under subsection (a); 
     and
       (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1292. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mr. 
Voinovich) submitted an amendment intended to be proposed by him to the 
bill H.R. 1256, to protect the public health by providing the Food and 
Drug Administration with certain authority to regulate tobacco 
products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title I of division B, add the following:

            Subtitle B--Other Retirement-Related Provisions

     SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section 6301(2)(x) through (xiii), the days 
     of unused sick leave to his credit include any unused sick 
     leave standing to his credit when he was excepted from such 
     subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.

       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and

[[Page 14237]]

       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.

     SEC. 116. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE 
                   EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means an individual who--
       (1) was hired as a member of the United States Secret 
     Service Division during the period beginning on January 1, 
     1984 through December 31, 1986;
       (2) has actively performed duties other than clerical for 
     10 or more years directly related to the protection mission 
     of the United States Secret Service described under section 
     3056 of title 18, United States Code;
       (3) is serving as a member of the United States Secret 
     Service Division or the United States Secret Service Uniform 
     Division (or any successor entity) on the effective date of 
     this section; and
       (4) files an election to be a covered employee under 
     subsection (b)(1).
       (b) Election of Coverage.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, an individual described under 
     subsection (a)(1), (2), and (3) may file an election with the 
     United States Secret Service to be a covered employee and to 
     transition to the District of Columbia Police and Fire 
     Fighter Retirement and Disability System.
       (2) Notification.--Not later than 30 days after the date of 
     enactment of this Act, the Office of Personnel Management and 
     the United States Secret Service shall notify each individual 
     described under subsection (a)(1), (2), and (3) that the 
     individual is qualified to file an election under paragraph 
     (1).
       (c) Retirement Coverage Conversion.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and in consultation with the Secretary 
     of Homeland Security and the Thrift Savings Board, the Office 
     of Personnel Management shall prescribe regulations to carry 
     out the responsibilities of the Federal Government under this 
     section. The regulations prescribed under this paragraph 
     shall provide for transition of covered employees from the 
     Federal Employees' Retirement System to the Civil Service 
     Retirement System.
       (2) Treatment of covered employees.--
       (A) Election of coverage.--
       (i) In general.--If a covered employee files an election 
     under subsection (b)(1), the covered employee shall, subject 
     to clause (ii), be converted from the Federal Employees' 
     Retirement System to the Civil Service Retirement System.
       (ii) Coverage in district of columbia retirement system.--

       (I) In general.--Chapter 7 of title 5 of the District of 
     Columbia Code shall apply with respect to a covered employee 
     on the date on which the covered employee transitions to the 
     Civil Service Retirement System.
       (II) Authorization for district of columbia.--The 
     government of the District of Columbia shall provide for the 
     coverage of covered employees in the District of Columbia 
     Police and Fire Fighter Retirement and Disability System in 
     accordance with this section.

       (B) Thrift savings plan.--A covered employee shall forfeit, 
     under procedures prescribed by the Executive Director of the 
     Federal Retirement Thrift Investment Board, all Thrift 
     Savings Plan contributions and associated earnings made by an 
     employing agency pursuant to section 8432(c) of title 5, 
     United States Code. Any amounts remaining in the Thrift 
     Savings Plan account of the covered employee may be 
     transferred to a private account or the District of Columbia 
     Police and Firefighter Retirement and Disability System.
       (C) Forfeiture of social security benefits.--
       (i) Contributions.--Upon conversion into the Civil Service 
     Retirement System, a covered employee shall forfeit all 
     contributions made for purposes of title II of the Social 
     Security Act on the basis of the covered employee's 
     employment with the United States Secret Service under 
     sections 3101(a) and 3111(a) of the Internal Revenue Code of 
     1986. All forfeited funds shall remain in the Federal Old-Age 
     and Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund, as applicable. Notwithstanding 
     paragraphs (4) and (5) of section 205(c) of the Social 
     Security Act, the Commissioner of Social Security may change 
     or delete any entry with respect to wages of a covered 
     employee that are forfeited under this clause.
       (ii) Benefits.--

       (I) In general.--No individual shall be entitled to any 
     benefit under title II of the Social Security Act based on 
     any contribution forfeited under clause (i).
       (II) No effect on medicare benefits.--Notwithstanding the 
     forfeiture of contributions by a covered employee under 
     clause (i), such contributions shall continue to be treated 
     as having been made while performing medicare qualified 
     government employment (as defined in section 210(p) of the 
     Social Security Act) for purposes of sections 226 and 226A of 
     that Act.

       (3) Implementation.--The Office of Personnel Management, 
     the Department of Homeland Security, the Social Security 
     Administration, and the Thrift Savings Board shall take such 
     actions as necessary to provide for the implementation of 
     this section.
       (d) Effective Date.--
       (1) In general.--Except as provided under paragraph (2), 
     this section shall take effect on the first day of the first 
     applicable pay period that begins 180 days after the date of 
     enactment of this Act.
       (2) Elections and implementation.--Subsections (b) and 
     (c)(1) and (3) shall take effect on the date of enactment of 
     this Act.

            TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Part-Time Reemployment of 
     Annuitants Act of 2009''.

     SEC. __2. PART-TIME REEMPLOYMENT.

       (a) Civil Service Retirement System.--Section 8344 of title 
     5, United States Code, is amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee

[[Page 14238]]

     on Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for the effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (m) (as so redesignated)--
       (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
       (B) in paragraph (2), by striking ``or (k)'' and inserting 
     ``(k), or (l)''.
       (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) shall 
     terminate 5 years after the date of enactment of the Part-
     Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (j) (as so redesignated)--
       (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
       (B) in paragraph (2), by striking ``or (h)'' and inserting 
     ``(h), or (i)''.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
       (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
       (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
       (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section __2.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) include the number of annuitants for whom a waiver was 
     made under subsection (l) of section 8344 of title 5, United 
     States Code, as amended by this title, or subsection (i) of 
     section 8468 of title 5, United States Code, as amended by 
     this title; and
       (2) identify each agency that used the authority described 
     in paragraph (1).
       (c) Agency Data.--Each head of an agency (as defined under 
     sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United 
     States Code, as added by section __2 of this title) shall--
       (1) collect and maintain data necessary for purposes of the 
     Comptroller General report submitted under subsection (a); 
     and
       (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1293. Mrs. HAGAN submitted an amendment intended to be proposed to 
amendment SA 1247 proposed by Mr.

[[Page 14239]]

Dodd to the bill H.R. 1256, to protect the public health by providing 
the Food and Drug Administration with certain authority to regulate 
tobacco products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 26, strike lines 7 through 15, and insert the 
     following:
       ``(16) Small tobacco product manufacturer.--The term `small 
     tobacco product manufacturer' means a tobacco product 
     manufacturer that employs fewer than 350 employees. For 
     purposes of determining the number of employees of a 
     manufacturer under the preceding sentence--
       ``(A) the employees of a manufacturer are deemed to include 
     the employees of each entity that controls, is controlled by, 
     or is under common control with such manufacturer; and
       ``(B) except that in the case of a farmer owned tobacco 
     grower cooperative that is also tobacco manufacturer, any 
     employees whose responsibilities and compensation in no way 
     support, are connected to, or are dependent upon the 
     manufacture, fabrication, assembly, processing, labeling, 
     storage or marketing of tobacco products, including 
     cigarettes, roll-your-own tobacco, cigars, small cigar or 
     cigarette tubes shall not be deemed employees of the tobacco 
     product manufacturer.''.
                                 ______
                                 
  SA 1294. Mrs. HAGAN submitted an amendment intended to be proposed by 
her to the bill H.R. 1256, to protect the public health by providing 
the Food and Drug Administration with certain authority to regulate 
tobacco products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       ``Small tobacco product manufacturer.--The term `small 
     tobacco product manufacturer' means a tobacco product 
     manufacturer that employs fewer than 350 employees. For 
     purposes of determining the number of employees of a 
     manufacturer under the preceding sentence--
       ``(A) the employees of a manufacturer are deemed to include 
     the employees of each entity that controls, is controlled by, 
     or is under common control with such manufacturer; and
       ``(B) except that in the case of a farmer owned tobacco 
     grower cooperative that is also tobacco manufacturer, any 
     employees whose responsibilities and compensation in no way 
     support, are connected to, or are dependent upon the 
     manufacture, fabrication, assembly, processing, labeling, 
     storage or marketing of tobacco products, including 
     cigarettes, roll-your-own tobacco, cigars, small cigar or 
     cigarette tubes shall not be deemed employees of the tobacco 
     product manufacturer.''.
                                 ______
                                 
  SA 1295. Mr. BROWNBACK (for himself, Mr. Cochran, and Mr. Roberts) 
submitted an amendment intended to be proposed to amendment SA 1229 
submitted by Mr. Dorgan (for himself, Ms. Snowe, Mr. McCain, Ms. 
Stabenow, Mr. Sanders, and Ms. Klobuchar) and intended to be proposed 
to the bill H.R. 1256, to protect the public health by providing the 
Food and Drug Administration with certain authority to regulate tobacco 
products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 140 of the amendment, after line 17, add the 
     following:

     SEC. 11. CERTIFICATION.

       (a) In General.--This division, and the amendments made by 
     this division, shall become effective only if the Secretary 
     of Health and Human Services certifies to Congress that the 
     implementation of this division, and the amendments made by 
     this division, will--
       (1) pose no additional risk to the public's health and 
     safety; and
       (2) result in a significant reduction in the cost of 
     covered products to the American consumer.
       (b) Effective Date.--Notwithstanding any other provision of 
     this division, or of any amendment made by this division--
       (1) any reference in this division, or in such amendments, 
     to the date of enactment of this division shall be deemed a 
     reference to the date of the certification under subsection 
     (a); and
       (2) each reference to ``January 1, 2012'' in section 6(c) 
     of this division shall be substituted with ``90 days after 
     the effective date of this division''.
                                 ______
                                 
  SA 1296. Mr. CASEY submitted an amendment intended to be proposed to 
amendment SA 1255 submitted by Ms. Stabenow (for herself, Mr. 
Brownback, Ms. Mikulski, Mr. Voinovich, Mrs. Shaheen, Mr. Bond, Mr. 
Burris, Mr. Durbin, Mr. Levin, and Mr. Brown) and intended to be 
proposed to the bill H.R. 1256, to protect the public health by 
providing the Food and Drug Administration with certain authority to 
regulate tobacco products, to amend title 5, United States Code, to 
make certain modifications in the Thrift Savings Plan, the Civil 
Service Retirement System, and the Federal Employees' Retirement 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 2, line 17, insert ``or new fuel efficient 
     motorcycle'' after ``automobile''.
       On page 2, line 24, insert ``or new fuel efficient 
     motorcycle'' after ``automobile''.
       On page 3, line 18, insert ``or new fuel efficient 
     motorcycle'' after ``automobile''.
       On page 5, between lines 21 and 22, insert the following:
       (3) $2,500 value.--A voucher may be used to offset the 
     purchase price of the new fuel efficient motorcycle by $2,500 
     if--
       (A) the new fuel efficient motorcycle is street-use 
     approved; and
       (B) the combined fuel economy is at least 25 miles higher 
     than the combined fuel economy value of the eligible trade-in 
     vehicle.
       On page 6, line 2, insert ``or new fuel efficient 
     motorcycles'' after ``automobiles''.
       On page 6, line 17, insert ``or a single new fuel efficient 
     motorcycle'' after ``automobile''.
       On page 7, line 2, insert ``or new fuel efficient 
     motorcycle'' after ``automobile''.
       On page 7, line 9, insert ``or new fuel efficient 
     motorcycle'' after ``automobile''.
       On page 9, lines 24 and 25, insert ``or new fuel efficient 
     motorcycle'' after ``automobile''.
       On page 10, line 11, insert ``or new fuel efficient 
     motorcycle'' after ``automobile''.
       On page 12, line 20, insert ``and new fuel efficient 
     motorcycles'' after ``automobiles''.
       On page 13, line 4, insert ``(including new fuel efficient 
     motorcycles)'' after ``vehicles''.
       On page 13, line 19, insert ``and new fuel efficient 
     motorcycles'' after ``automobiles''.
       On page 13, line 22, insert ``or motorcycle'' after 
     ``automobile''.
       On page 17, line 7, insert ``or motorcycle'' after 
     ``Code)''.
       On page 17, between lines 19 and 20, insert the following:
       (8) the term ``motorcycle'' means a motor vehicle with 
     motive power having a seat or saddle for the use of the rider 
     and designed to travel on not more than 3 wheels in contact 
     with the ground;
       On page 17, line 20, strike ``(8)'' and insert ``(9)''.
       On page 18, between lines 21 and 22, insert the following:
       (10) the term ``new fuel efficient motorcycle'' means a 
     motorcycle--
       (A) the equitable or legal title of which has not been 
     transferred to any person other than the ultimate purchaser;
       (B) that carries a manufacturer's suggested retail price of 
     $20,000 or less; and
       (C) that has a combined fuel economy value of at least 50 
     miles per gallon;
       On page 18, line 22, strike ``(9)'' and insert ``(11)''.
       On page 19, line 1, strike ``(10)'' and insert ``(12)''.
       On page 19, line 13, insert ``or motorcycle'' after 
     ``automobile''.
       On page 19, line 14, insert ``or motorcycle'' after 
     ``automobile''.
  SA 1297. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 1256 proposed by Mr. Schumer (for Mr. Lieberman (for 
himself, Ms. Collins, Mr. Akaka, and Mr. Voinovich)) to the amendment 
SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the 
public health by providing the Food and Drug Administration with 
certain authority to regulate tobacco products, to amend title 5, 
United States Code, to make certain modifications in the Thrift Savings 
Plan, the Civil Service Retirement System, and the Federal Employees' 
Retirement System, and for other purposes; which was ordered to lie on 
the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

            Subtitle B--Other Retirement-Related Provisions

     SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--

[[Page 14240]]

       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section 6301(2)(x) through (xiii), the days 
     of unused sick leave to his credit include any unused sick 
     leave standing to his credit when he was excepted from such 
     subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.

       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.

[[Page 14241]]



     SEC. 116. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE 
                   EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means an individual who--
       (1) was hired as a member of the United States Secret 
     Service Division during the period beginning on January 1, 
     1984 through December 31, 1986;
       (2) has actively performed duties other than clerical for 
     10 or more years directly related to the protection mission 
     of the United States Secret Service described under section 
     3056 of title 18, United States Code;
       (3) is serving as a member of the United States Secret 
     Service Division or the United States Secret Service Uniform 
     Division (or any successor entity) on the effective date of 
     this section; and
       (4) files an election to be a covered employee under 
     subsection (b)(1).
       (b) Election of Coverage.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, an individual described under 
     subsection (a)(1), (2), and (3) may file an election with the 
     United States Secret Service to be a covered employee and to 
     transition to the District of Columbia Police and Fire 
     Fighter Retirement and Disability System.
       (2) Notification.--Not later than 30 days after the date of 
     enactment of this Act, the Office of Personnel Management and 
     the United States Secret Service shall notify each individual 
     described under subsection (a)(1), (2), and (3) that the 
     individual is qualified to file an election under paragraph 
     (1).
       (c) Retirement Coverage Conversion.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and in consultation with the Secretary 
     of Homeland Security and the Thrift Savings Board, the Office 
     of Personnel Management shall prescribe regulations to carry 
     out the responsibilities of the Federal Government under this 
     section. The regulations prescribed under this paragraph 
     shall provide for transition of covered employees from the 
     Federal Employees' Retirement System to the Civil Service 
     Retirement System.
       (2) Treatment of covered employees.--
       (A) Election of coverage.--
       (i) In general.--If a covered employee files an election 
     under subsection (b)(1), the covered employee shall, subject 
     to clause (ii), be converted from the Federal Employees' 
     Retirement System to the Civil Service Retirement System.
       (ii) Coverage in district of columbia retirement system.--

       (I) In general.--Chapter 7 of title 5 of the District of 
     Columbia Code shall apply with respect to a covered employee 
     on the date on which the covered employee transitions to the 
     Civil Service Retirement System.
       (II) Authorization for district of columbia.--The 
     government of the District of Columbia shall provide for the 
     coverage of covered employees in the District of Columbia 
     Police and Fire Fighter Retirement and Disability System in 
     accordance with this section.

       (B) Thrift savings plan.--A covered employee shall forfeit, 
     under procedures prescribed by the Executive Director of the 
     Federal Retirement Thrift Investment Board, all Thrift 
     Savings Plan contributions and associated earnings made by an 
     employing agency pursuant to section 8432(c) of title 5, 
     United States Code. Any amounts remaining in the Thrift 
     Savings Plan account of the covered employee may be 
     transferred to a private account or the District of Columbia 
     Police and Firefighter Retirement and Disability System.
       (C) Forfeiture of social security benefits.--
       (i) Contributions.--Upon conversion into the Civil Service 
     Retirement System, a covered employee shall forfeit all 
     contributions made for purposes of title II of the Social 
     Security Act on the basis of the covered employee's 
     employment with the United States Secret Service under 
     sections 3101(a) and 3111(a) of the Internal Revenue Code of 
     1986. All forfeited funds shall remain in the Federal Old-Age 
     and Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund, as applicable. Notwithstanding 
     paragraphs (4) and (5) of section 205(c) of the Social 
     Security Act, the Commissioner of Social Security may change 
     or delete any entry with respect to wages of a covered 
     employee that are forfeited under this clause.
       (ii) Benefits.--

       (I) In general.--No individual shall be entitled to any 
     benefit under title II of the Social Security Act based on 
     any contribution forfeited under clause (i).
       (II) No effect on medicare benefits.--Notwithstanding the 
     forfeiture of contributions by a covered employee under 
     clause (i), such contributions shall continue to be treated 
     as having been made while performing medicare qualified 
     government employment (as defined in section 210(p) of the 
     Social Security Act) for purposes of sections 226 and 226A of 
     that Act.

       (3) Implementation.--The Office of Personnel Management, 
     the Department of Homeland Security, the Social Security 
     Administration, and the Thrift Savings Board shall take such 
     actions as necessary to provide for the implementation of 
     this section.
       (d) Effective Date.--
       (1) In general.--Except as provided under paragraph (2), 
     this section shall take effect on the first day of the first 
     applicable pay period that begins 180 days after the date of 
     enactment of this Act.
       (2) Elections and implementation.--Subsections (b) and 
     (c)(1) and (3) shall take effect on the date of enactment of 
     this Act.

            TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Part-Time Reemployment of 
     Annuitants Act of 2009''.

     SEC. __2. PART-TIME REEMPLOYMENT.

       (a) Civil Service Retirement System.--Section 8344 of title 
     5, United States Code, is amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for the effective operation of, or to 
     ensure compliance with, this subsection; and

[[Page 14242]]

       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (m) (as so redesignated)--
       (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
       (B) in paragraph (2), by striking ``or (k)'' and inserting 
     ``(k), or (l)''.
       (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) shall 
     terminate 5 years after the date of enactment of the Part-
     Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (j) (as so redesignated)--
       (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
       (B) in paragraph (2), by striking ``or (h)'' and inserting 
     ``(h), or (i)''.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
       (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
       (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
       (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section __2.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) include the number of annuitants for whom a waiver was 
     made under subsection (l) of section 8344 of title 5, United 
     States Code, as amended by this title, or subsection (i) of 
     section 8468 of title 5, United States Code, as amended by 
     this title; and
       (2) identify each agency that used the authority described 
     in paragraph (1).
       (c) Agency Data.--Each head of an agency (as defined under 
     sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United 
     States Code, as added by section __2 of this title) shall--
       (1) collect and maintain data necessary for purposes of the 
     Comptroller General report submitted under subsection (a); 
     and
       (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1298. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 1256 proposed by Mr. Schumer (for Mr. Lieberman (for 
himself, Ms. Collins, Mr. akaka, and Mr. Voinovich)) to the amendment 
SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the 
public health by providing the Food and Drug Administration with 
certain authority to regulate tobacco products, to amend title 5, 
United States Code, to make certain modifications in the Thrift Savings 
Plan, the Civil Service Retirement System; and the Federal Employees' 
Retirement System, and for other purposes; which was ordered to lie on 
the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

            Subtitle B--Other Retirement-Related Provisions

     SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires

[[Page 14243]]

     on an immediate annuity or who dies leaving a survivor or 
     survivors entitled to annuity includes the days of unused 
     sick leave to his credit under a formal leave system and for 
     which days the employee has not received payment, except that 
     these days will not be counted in determining average pay or 
     annuity eligibility under this subchapter. For purposes of 
     this subsection, in the case of any such employee who is 
     excepted from subchapter I of chapter 63 under section 
     6301(2)(x) through (xiii), the days of unused sick leave to 
     his credit include any unused sick leave standing to his 
     credit when he was excepted from such subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.
       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.
                                 ______
                                 
  SA 1299. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 1256 proposed by Mr. Schumer (for Mr. Lieberman (for 
himself, Ms. Collins, Mr. Akaka, and Mr. Voinovich)) to the amendment 
SA 1247 proposed by Mr. Dodd to the bill H.R.

[[Page 14244]]

1256, to protect the public health by providing the Food and Drug 
Administration with certain authority to regulate tobacco products, to 
amend title 5, United States Code, to make certain modifications in the 
Thrift Savings Plan, the Civil Service Retirement System, and the 
Federal Employees' Retirement System, and for other purposes; which was 
ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

            Subtitle B--Other Retirement-Related Provisions

     SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section 6301(2)(x) through (xiii), the days 
     of unused sick leave to his credit include any unused sick 
     leave standing to his credit when he was excepted from such 
     subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.
       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision,

[[Page 14245]]

     and Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.

            TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Part-Time Reemployment of 
     Annuitants Act of 2009''.

     SEC. __2. PART-TIME REEMPLOYMENT.

       (a) Civil Service Retirement System.--Section 8344 of title 
     5, United States Code, is amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for the effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (m) (as so redesignated)--
       (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
       (B) in paragraph (2), by striking ``or (k)'' and inserting 
     ``(k), or (l)''.
       (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and

[[Page 14246]]

       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) shall 
     terminate 5 years after the date of enactment of the Part-
     Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (j) (as so redesignated)--
       (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
       (B) in paragraph (2), by striking ``or (h)'' and inserting 
     ``(h), or (i)''.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
       (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
       (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
       (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section __2.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) include the number of annuitants for whom a waiver was 
     made under subsection (l) of section 8344 of title 5, United 
     States Code, as amended by this title, or subsection (i) of 
     section 8468 of title 5, United States Code, as amended by 
     this title; and
       (2) identify each agency that used the authority described 
     in paragraph (1).
       (c) Agency Data.--Each head of an agency (as defined under 
     sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United 
     States Code, as added by section __2 of this title) shall--
       (1) collect and maintain data necessary for purposes of the 
     Comptroller General report submitted under subsection (a); 
     and
       (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1300. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, Mr. 
Voinovich, Ms. Murkowski, Mr. Inouye, Mr. Begich, Ms. Mikulski, and Mr. 
Kohl) submitted an amendment intended to be proposed to amendment SA 
1256 proposed by Mr. Schumer (for Mr. Lieberman (for himself, Ms. 
Collins, Mr. Akaka, and Mr. Voinovich)) to the amendment SA 1247 
proposed by Mr. Dodd to the bill H.R. 1256, to protect the public 
health by providing the Food and Drug Administration with certain 
authority to regulate tobacco products, to amend title 5, United States 
Code, to make certain modifications in the Thrift Savings Plan, the 
Civil Service Retirement System; and the Federal Employees' Retirement 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

            Subtitle B--Other Retirement-Related Provisions

     SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section 6301(2)(x) through (xiii), the days 
     of unused sick leave to his credit include any unused sick 
     leave standing to his credit when he was excepted from such 
     subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:


[[Page 14247]]


``8422. Deductions from pay; contributions for other service; 
              deposits.''.
       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.

     SEC. 116. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE 
                   EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means an individual who--
       (1) was hired as a member of the United States Secret 
     Service Division during the period beginning on January 1, 
     1984 through December 31, 1986;
       (2) has actively performed duties other than clerical for 
     10 or more years directly related to the protection mission 
     of the United States Secret Service described under section 
     3056 of title 18, United States Code;
       (3) is serving as a member of the United States Secret 
     Service Division or the United States Secret Service Uniform 
     Division (or any successor entity) on the effective date of 
     this section; and
       (4) files an election to be a covered employee under 
     subsection (b)(1).
       (b) Election of Coverage.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, an individual described under 
     subsection (a)(1), (2), and (3) may file an election with the 
     United States Secret Service to be a covered employee and to 
     transition to the District of Columbia Police and Fire 
     Fighter Retirement and Disability System.
       (2) Notification.--Not later than 30 days after the date of 
     enactment of this Act, the Office of Personnel Management and 
     the United States Secret Service shall notify each individual 
     described under subsection (a)(1), (2), and (3) that the 
     individual is qualified to file an election under paragraph 
     (1).
       (c) Retirement Coverage Conversion.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and in consultation with the Secretary 
     of Homeland Security and the Thrift Savings Board, the Office 
     of Personnel Management shall prescribe regulations to carry 
     out the responsibilities of the Federal Government under this 
     section. The regulations prescribed under this paragraph 
     shall provide for transition of covered employees from the 
     Federal Employees' Retirement System to the Civil Service 
     Retirement System.
       (2) Treatment of covered employees.--
       (A) Election of coverage.--
       (i) In general.--If a covered employee files an election 
     under subsection (b)(1), the covered employee shall, subject 
     to clause (ii), be converted from the Federal Employees' 
     Retirement System to the Civil Service Retirement System.
       (ii) Coverage in district of columbia retirement system.--

       (I) In general.--Chapter 7 of title 5 of the District of 
     Columbia Code shall apply with respect to a covered employee 
     on the date on which the covered employee transitions to the 
     Civil Service Retirement System.
       (II) Authorization for district of columbia.--The 
     government of the District of Columbia shall provide for the 
     coverage of covered employees in the District of Columbia 
     Police and Fire Fighter Retirement and Disability System in 
     accordance with this section.

       (B) Thrift savings plan.--A covered employee shall forfeit, 
     under procedures prescribed by the Executive Director of the 
     Federal Retirement Thrift Investment Board, all Thrift 
     Savings Plan contributions and associated earnings made by an 
     employing agency pursuant to section 8432(c) of title 5, 
     United States Code. Any amounts remaining in the Thrift 
     Savings Plan account of the covered employee may be 
     transferred to a private account or the District of Columbia 
     Police and Firefighter Retirement and Disability System.
       (C) Forfeiture of social security benefits.--
       (i) Contributions.--Upon conversion into the Civil Service 
     Retirement System, a covered employee shall forfeit all 
     contributions made for purposes of title II of the Social 
     Security Act on the basis of the covered employee's 
     employment with the United States Secret Service under 
     sections 3101(a) and 3111(a) of the Internal Revenue Code of 
     1986. All forfeited funds shall remain in the Federal Old-Age 
     and Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund, as applicable. Notwithstanding 
     paragraphs (4) and (5) of section 205(c) of the Social 
     Security Act, the Commissioner of Social Security may change 
     or delete any entry with respect to wages of a covered 
     employee that are forfeited under this clause.
       (ii) Benefits.--

       (I) In general.--No individual shall be entitled to any 
     benefit under title II of the Social Security Act based on 
     any contribution forfeited under clause (i).
       (II) No effect on medicare benefits.--Notwithstanding the 
     forfeiture of contributions by a covered employee under 
     clause (i), such contributions shall continue to be treated 
     as having been made while performing medicare qualified 
     government employment (as defined in section 210(p) of the 
     Social Security Act) for purposes of sections 226 and 226A of 
     that Act.

       (3) Implementation.--The Office of Personnel Management, 
     the Department of

[[Page 14248]]

     Homeland Security, the Social Security Administration, and 
     the Thrift Savings Board shall take such actions as necessary 
     to provide for the implementation of this section.
       (d) Effective Date.--
       (1) In general.--Except as provided under paragraph (2), 
     this section shall take effect on the first day of the first 
     applicable pay period that begins 180 days after the date of 
     enactment of this Act.
       (2) Elections and implementation.--Subsections (b) and 
     (c)(1) and (3) shall take effect on the date of enactment of 
     this Act.

         TITLE___--NON-FOREIGN AREA RETIREMENT EQUITY ASSURANCE

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Non-Foreign Area 
     Retirement Equity Assurance Act of 2009'' or the ``Non-
     Foreign AREA Act of 2009''.

     SEC. _02. EXTENSION OF LOCALITY PAY.

       (a) Locality-Based Comparability Payments.--Section 5304 of 
     title 5, United States Code, is amended--
       (1) in subsection (f)(1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) each General Schedule position in the United States, 
     as defined under section 5921(4), and its territories and 
     possessions, including the Commonwealth of Puerto Rico and 
     the Commonwealth of the Northern Mariana Islands, shall be 
     included within a pay locality;'';
       (2) in subsection (g)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B) by striking the period and 
     inserting ``; and''; and
       (iii) by adding after subparagraph (B) the following:
       ``(C) positions under subsection (h)(1)(C) not covered by 
     appraisal systems certified under section 5382; and''; and
       (B) by adding at the end the following:
       ``(3) The applicable maximum under this subsection shall be 
     level II of the Executive Schedule for positions under 
     subsection (h)(1)(C) covered by appraisal systems certified 
     under section 5307(d).''; and
       (3) in subsection (h)(1)--
       (A) in subparagraph (B) by striking ``and'' after the 
     semicolon;
       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B) the following:
       ``(C) a Senior Executive Service position under section 
     3132 or 3151 or a senior level position under section 5376 
     stationed within the United States, but outside the 48 
     contiguous States and the District of Columbia in which the 
     incumbent was an individual who on the day before the date of 
     enactment of the Non-Foreign Area Retirement Equity Assurance 
     Act of 2009 was eligible to receive a cost-of-living 
     allowance under section 5941; and'';
       (D) in clause (iv) in the matter following subparagraph 
     (D), by inserting ``, except for members covered by 
     subparagraph (C)'' before the semicolon; and
       (E) in clause (v) in the matter following subparagraph (D), 
     by inserting ``, except for members covered by subparagraph 
     (C)'' before the semicolon.
       (b) Allowances Based on Living Costs and Conditions of 
     Environment.--Section 5941 of title 5, United States Code, is 
     amended--
       (1) in subsection (a), by adding after the last sentence 
     ``Notwithstanding any preceding provision of this subsection, 
     the cost-of-living allowance rate based on paragraph (1) 
     shall be the cost-of-living allowance rate in effect on the 
     date of enactment of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009, except as adjusted under subsection 
     (c).'';
       (2) by redesignating subsection (b) as subsection (d); and
       (3) by inserting after subsection (a) the following:
       ``(b) This section shall apply only to areas that are 
     designated as cost-of-living allowance areas as in effect on 
     December 31, 2009.
       ``(c)(1) The cost-of-living allowance rate payable under 
     this section shall be adjusted on the first day of the first 
     applicable pay period beginning on or after--
       ``(A) January 1, 2010; and
       ``(B) January 1 of each calendar year in which a locality-
     based comparability adjustment takes effect under section _04 
     (2) and (3) of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009.
       ``(2)(A) In this paragraph, the term `applicable locality-
     based comparability pay percentage' means, with respect to 
     calendar year 2010 and each calendar year thereafter, the 
     applicable percentage under section _04 (1), (2), or (3) of 
     Non-Foreign Area Retirement Equity Assurance Act of 2009.
       ``(B) Each adjusted cost-of-living allowance rate under 
     paragraph (1) shall be computed by--
       ``(i) subtracting 65 percent of the applicable locality-
     based comparability pay percentage from the cost-of-living 
     allowance percentage rate in effect on December 31, 2009; and
       ``(ii) dividing the resulting percentage determined under 
     clause (i) by the sum of--
       ``(I) one; and
       ``(II) the applicable locality-based comparability payment 
     percentage expressed as a numeral.
       ``(3) No allowance rate computed under paragraph (2) may be 
     less than zero.
       ``(4) Each allowance rate computed under paragraph (2) 
     shall be paid as a percentage of basic pay (including any 
     applicable locality-based comparability payment under section 
     5304 or similar provision of law and any applicable special 
     rate of pay under section 5305 or similar provision of 
     law).''.

     SEC. _03. ADJUSTMENT OF SPECIAL RATES.

       (a) In General.--Each special rate of pay established under 
     section 5305 of title 5, United States Code, and payable in 
     an area designated as a cost-of-living allowance area under 
     section 5941(a) of that title, shall be adjusted, on the 
     dates prescribed by section _04 of this title, in accordance 
     with regulations prescribed by the Director of the Office of 
     Personnel Management under section _08 of this title.
       (b) Agencies With Statutory Authority.--
       (1) In general.--Each special rate of pay established under 
     an authority described under paragraph (2) and payable in a 
     location designated as a cost-of-living allowance area under 
     section 5941(a)(1) of title 5, United States Code, shall be 
     adjusted in accordance with regulations prescribed by the 
     applicable head of the agency that are consistent with the 
     regulations issued by the Director of the Office of Personnel 
     Management under subsection (a).
       (2) Statutory authority.--The authority referred to under 
     paragraph (1), is any statutory authority that--
       (A) is similar to the authority exercised under section 
     5305 of title 5, United States Code;
       (B) is exercised by the head of an agency when the head of 
     the agency determines it to be necessary in order to obtain 
     or retain the services of persons specified by statute; and
       (C) authorizes the head of the agency to increase the 
     minimum, intermediate, or maximum rates of basic pay 
     authorized under applicable statutes and regulations.
       (c) Temporary Adjustment.--Regulations issued under 
     subsection (a) or (b) may provide that statutory limitations 
     on the amount of such special rates may be temporarily raised 
     to a higher level during the transition period described in 
     section _04 ending on the first day of the first pay period 
     beginning on or after January 1, 2012, at which time any 
     special rate of pay in excess of the applicable limitation 
     shall be converted to a retained rate under section 5363 of 
     title 5, United States Code.

     SEC. _04. TRANSITION SCHEDULE FOR LOCALITY-BASED 
                   COMPARABILITY PAYMENTS.

       Notwithstanding any other provision of this title or 
     section 5304 or 5304a of title 5, United States Code, in 
     implementing the amendments made by this title, for each non-
     foreign area determined under section 5941(b) of that title, 
     the applicable rate for the locality-based comparability 
     adjustment that is used in the computation required under 
     section 5941(c) of that title shall be adjusted effective on 
     the first day of the first pay period beginning on or after 
     January 1--
       (1) in calendar year 2010, by using \1/3\ of the locality 
     pay percentage for the rest of United States locality pay 
     area;
       (2) in calendar year 2011, by using \2/3\ of the otherwise 
     applicable comparability payment approved by the President 
     for each non-foreign area; and
       (3) in calendar year 2012 and each subsequent year, by 
     using the full amount of the applicable comparability payment 
     approved by the President for each non-foreign area.

     SEC. _05. SAVINGS PROVISION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the application of this title to any employee should 
     not result in a decrease in the take home pay of that 
     employee;
       (2) in calendar year 2012 and each subsequent year, no 
     employee shall receive less than the Rest of the U.S. 
     locality pay rate;
       (3) concurrent with the surveys next conducted under the 
     provisions of section 5304(d)(1)(A) of title 5, United States 
     Code, beginning after the date of the enactment of this Act, 
     the Bureau of Labor Statistics should conduct separate 
     surveys to determine the extent of any pay disparity (as 
     defined by section 5302 of that title) that may exist with 
     respect to positions located in the State of Alaska, the 
     State of Hawaii, and the United States territories, including 
     American Samoa, Guam, Commonwealth of the Northern Mariana 
     Islands, Commonwealth of Puerto Rico, and the United States 
     Virgin Islands;
       (4) if the surveys under paragraph (3) indicate that the 
     pay disparity determined for the State of Alaska, the State 
     of Hawaii, or any 1 of the United States territories 
     including American Samoa, Guam, Commonwealth of the Northern 
     Mariana Islands, Commonwealth of Puerto Rico, and the United 
     States Virgin Islands exceeds the pay disparity determined 
     for the locality which (for purposes of section 5304 of that 
     title) is commonly known as the ``Rest of the United 
     States'', the President's Pay Agent should take appropriate 
     measures to provide that each such surveyed area be treated 
     as a separate pay locality for purposes of that section; and
       (5) the President's Pay Agent will establish 1 locality 
     area for the entire State of Hawaii

[[Page 14249]]

     and 1 locality area for the entire State of Alaska.
       (b) Savings Provisions.--
       (1) In general.--During the period described under section 
     _04 of this title, an employee paid a special rate under 5305 
     of title 5, United States Code, who the day before the date 
     of enactment of this Act was eligible to receive a cost-of-
     living allowance under section 5941 of title 5, United States 
     Code, and who continues to be officially stationed in an 
     allowance area, shall receive an increase in the employee's 
     special rate consistent with increases in the applicable 
     special rate schedule. For employees in allowance areas, the 
     minimum step rate for any grade of a special rate schedule 
     shall be increased at the time of an increase in the 
     applicable locality rate percentage for the allowance area by 
     not less than the dollar increase in the locality-based 
     comparability payment for a non-special rate employee at the 
     same minimum step provided under section _04 of this title, 
     and corresponding increases shall be provided for all step 
     rates of the given pay range.
       (2) Continuation of cost of living allowance rate.--If an 
     employee, who the day before the date of enactment of this 
     Act was eligible to receive a cost-of-living allowance under 
     section 5941 of title 5, United States Code, would receive a 
     rate of basic pay and applicable locality-based comparability 
     payment which is in excess of the maximum rate limitation set 
     under section 5304(g) of title 5, United States Code, for his 
     position (but for that maximum rate limitation) due to the 
     operation of this title, the employee shall continue to 
     receive the cost-of-living allowance rate in effect on 
     December 31, 2009 without adjustment until--
       (A) the employee leaves the allowance area or pay system; 
     or
       (B) the employee is entitled to receive basic pay 
     (including any applicable locality-based comparability 
     payment or similar supplement) at a higher rate,
     but, when any such position becomes vacant, the pay of any 
     subsequent appointee thereto shall be fixed in the manner 
     provided by applicable law and regulation.
       (3) Locality-based comparability payments.--Any employee 
     covered under paragraph (2) shall receive any applicable 
     locality-based comparability payment extended under section 
     _04 of this title which is not in excess of the maximum rate 
     set under section 5304(g) of title 5, United States Code, for 
     his position including any future increase to statutory pay 
     limitations under 5318 of title 5, United States Code. 
     Notwithstanding paragraph (2), to the extent that an employee 
     covered under that paragraph receives any amount of locality-
     based comparability payment, the cost-of-living allowance 
     rate under that paragraph shall be reduced accordingly, as 
     provided under section 5941(c)(2)(B) of title 5, United 
     States Code.

     SEC. _06. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

       (a) In General.--
       (1) Definition.--In this subsection, the term ``covered 
     employee'' means--
       (A) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid a cost-of-living allowance 
     under 5941 of title 5, United States Code; and
       (II) was not eligible to be paid locality-based 
     comparability payments under 5304 or 5304a of that title; or

       (ii) on or after the date of enactment of this Act becomes 
     eligible to be paid a cost-of-living allowance under 5941 of 
     title 5, United States Code; or
       (B) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) was eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) was employed by the Transportation Security 
     Administration of the Department of Homeland Security and was 
     eligible to be paid an allowance based on section 5941 of 
     title 5, United States Code; or
       (IV) was eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code; or

       (ii) on or after the date of enactment of this Act--

       (I) becomes eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) becomes eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) is employed by the Transportation Security 
     Administration of the Department of Homeland Security and 
     becomes eligible to be paid an allowance based on section 
     5941 of title 5, United States Code; or
       (IV) is eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code.

       (2) Application to covered employees.--
       (A) In general.--Notwithstanding any other provision of 
     law, for purposes of this title (including the amendments 
     made by this title) any covered employee shall be treated as 
     an employee to whom section 5941 of title 5, United States 
     Code (as amended by section _02 of this title), and section 
     _04 of this title apply.
       (B) Pay fixed by statute.--Pay to covered employees under 
     section 5304 or 5304a of title 5, United States Code, as a 
     result of the application of this title shall be considered 
     to be fixed by statute.
       (C) Performance appraisal system.--With respect to a 
     covered employee who is subject to a performance appraisal 
     system no part of pay attributable to locality-based 
     comparability payments as a result of the application of this 
     title including section 5941 of title 5, United States Code 
     (as amended by section _02 of this title), may be reduced on 
     the basis of the performance of that employee.
       (b) Postal Employees in Non-Foreign Areas.--
       (1) In general.--Section 1005(b) of title 39, United States 
     Code, is amended--
       (A) by inserting ``(1)'' after ``(b)'';
       (B) by striking ``Section 5941,'' and inserting ``Except as 
     provided under paragraph (2), section 5941'';
       (C) by striking ``For purposes of such section,'' and 
     inserting ``Except as provided under paragraph (2), for 
     purposes of section 5941 of that title,''; and
       (D) by adding at the end the following:
       ``(2) On and after the date of enactment of the Non-Foreign 
     Area Retirement Equity Assurance Act of 2009--
       ``(A) the provisions of that Act and section 5941 of title 
     5 shall apply to officers and employees covered by section 
     1003 (b) and (c) whose duty station is in a nonforeign area; 
     and
       ``(B) with respect to officers and employees of the Postal 
     Service (other than those officers and employees described 
     under subparagraph (A)) of section _06(b)(2) of that Act 
     shall apply.''.
       (2) Continuation of cost of living allowance.--
       (A) In general.--Notwithstanding any other provision of 
     this title, any employee of the Postal Service (other than an 
     employee covered by section 1003 (b) and (c) of title 39, 
     United States Code, whose duty station is in a nonforeign 
     area) who is paid an allowance under section 1005(b) of that 
     title shall be treated for all purposes as if the provisions 
     of this title (including the amendments made by this title) 
     had not been enacted, except that the cost-of-living 
     allowance rate paid to that employee--
       (i) may result in the allowance exceeding 25 percent of the 
     rate of basic pay of that employee; and
       (ii) shall be the greater of--

       (I) the cost-of-living allowance rate in effect on December 
     31, 2009 for the applicable area; or
       (II) the applicable locality-based comparability pay 
     percentage under section _04.

       (B) Rule of construction.--Nothing in this title shall be 
     construed to--
       (i) provide for an employee described under subparagraph 
     (A) to be a covered employee as defined under subsection (a); 
     or
       (ii) authorize an employee described under subparagraph (A) 
     to file an election under section _07 of this title.

     SEC. _07. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY 
                   COMPUTATION BY EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means any employee--
       (1) to whom section _04 applies;
       (2) who is separated from service by reason of retirement 
     under chapter 83 or 84 of title 5, United States Code, during 
     the period of January 1, 2010, through December 31, 2012; and
       (3) who files an election with the Office of Personnel 
     Management under subsection (b).
       (b) Election.--
       (1) In general.--An employee described under subsection (a) 
     (1) and (2) may file an election with the Office of Personnel 
     Management to be covered under this section.
       (2) Deadline.--An election under this subsection may be 
     filed not later than December 31, 2012.
       (c) Computation of Annuity.--
       (1) In general.--Except as provided under paragraph (2), 
     for purposes of the computation of an annuity of a covered 
     employee any cost-of-living allowance under section 5941 of 
     title 5, United States Code, paid to that employee during the 
     first applicable pay period beginning on or after January 1, 
     2010 through the first applicable pay period ending on or 
     after December 31, 2012, shall be considered basic pay as 
     defined under section 8331(3) or 8401(4) of that title.
       (2) Limitation.--The amount of the cost-of-living allowance 
     which may be considered basic pay under paragraph (1) may not 
     exceed the amount of the locality-based comparability 
     payments the employee would have received during that period 
     for the applicable pay area if the limitation under section 
     _04 of this title did not apply.
       (d) Civil Service Retirement and Disability Retirement 
     Fund.--
       (1) Employee contributions.--A covered employee shall pay 
     into the Civil Service Retirement and Disability Retirement 
     Fund--
       (A) an amount equal to the difference between--

[[Page 14250]]

       (i) employee contributions that would have been deducted 
     and withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during the period described under 
     subsection (c) of this section if the cost-of-living 
     allowances described under that subsection had been treated 
     as basic pay under section 8331(3) or 8401(4) of title 5, 
     United States Code; and
       (ii) employee contributions that were actually deducted and 
     withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during that period; and
       (B) interest as prescribed under section 8334(e) of title 
     5, United States Code, based on the amount determined under 
     subparagraph (A).
       (2) Agency contributions.--
       (A) In general.--The employing agency of a covered employee 
     shall pay into the Civil Service Retirement and Disability 
     Retirement Fund an amount for applicable agency contributions 
     based on payments made under paragraph (1).
       (B) Source.--Amounts paid under this paragraph shall be 
     contributed from the appropriation or fund used to pay the 
     employee.
       (3) Regulations.--The Office of Personnel Management may 
     prescribe regulations to carry out this section.

     SEC. _08. REGULATIONS.

       (a) In General.--The Director of the Office of Personnel 
     Management shall prescribe regulations to carry out this 
     title, including--
       (1) rules for special rate employees described under 
     section _03;
       (2) rules for adjusting rates of basic pay for employees in 
     pay systems administered by the Office of Personnel 
     Management when such employees are not entitled to locality-
     based comparability payments under section 5304 of title 5, 
     United States Code, without regard to otherwise applicable 
     statutory pay limitations during the transition period 
     described in section _04 ending on the first day of the first 
     pay period beginning on or after January 1, 2012; and
       (3) rules governing establishment and adjustment of saved 
     or retained rates for any employee whose rate of pay exceeds 
     applicable pay limitations on the first day of the first pay 
     period beginning on or after January 1, 2012.
       (b) Other Pay Systems.--With the concurrence of the 
     Director of the Office of Personnel Management, the 
     administrator of a pay system not administered by the Office 
     of Personnel Management shall prescribe regulations to carry 
     out this title with respect to employees in such pay system, 
     consistent with the regulations prescribed by the Office 
     under subsection (a). With respect to employees not entitled 
     to locality-based comparability payments under section 5304 
     of title 5, United States Code, regulations prescribed under 
     this subsection may provide for special payments or 
     adjustments for employees who were eligible to receive a 
     cost-of-living allowance under section 5941 of that title on 
     the date before the date of enactment of this Act.

     SEC. _09. EFFECTIVE DATES.

       (a) In General.--Except as provided by subsection (b), this 
     title (including the amendments made by this title) shall 
     take effect on the date of enactment of this Act.
       (b) Locality Pay and Schedule.--The amendments made by 
     section _02 and the provisions of section _04 shall take 
     effect on the first day of the first applicable pay period 
     beginning on or after January 1, 2010.

             TITLE___--PART-TIME REEMPLOYMENT OF ANNUITANTS

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Part-Time Reemployment of 
     Annuitants Act of 2009''.

     SEC. __2. PART-TIME REEMPLOYMENT.

       (a) Civil Service Retirement System.--Section 8344 of title 
     5, United States Code, is amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for the effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (m) (as so redesignated)--
       (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
       (B) in paragraph (2), by striking ``or (k)'' and inserting 
     ``(k), or (l)''.
       (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and

[[Page 14251]]

       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) shall 
     terminate 5 years after the date of enactment of the Part-
     Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (j) (as so redesignated)--
       (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
       (B) in paragraph (2), by striking ``or (h)'' and inserting 
     ``(h), or (i)''.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
       (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
       (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
       (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section __2.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) include the number of annuitants for whom a waiver was 
     made under subsection (l) of section 8344 of title 5, United 
     States Code, as amended by this title, or subsection (i) of 
     section 8468 of title 5, United States Code, as amended by 
     this title; and
       (2) identify each agency that used the authority described 
     in paragraph (1).
       (c) Agency Data.--Each head of an agency (as defined under 
     sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United 
     States Code, as added by section __2 of this title) shall--
       (1) collect and maintain data necessary for purposes of the 
     Comptroller General report submitted under subsection (a); 
     and
       (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1301. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 1256 proposed by Mr. Schumer (for Mr. Lieberman (for 
himself, Ms. Collins, Mr. Akaka, and Mr. Voinovich)) to the amendment 
SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the 
public health by providing the Food and Drug Administration with 
certain authority to regulate tobacco products, to amend title 5, 
United States Code, to make certain modifications in the Thrift Savings 
Plan, the Civil Service Retirement System, and the Federal Employees' 
Retirement System, and for other purposes; which was ordered to lie on 
the table as follows:

         In lieu of the matter proposed to be inserted, insert the 
     following:
            Subtitle B--Other Retirement-Related Provisions

     SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

         (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
         (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
         (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
         (A) by striking ``(l) In computing'' and inserting 
     ``(l)(1) In computing''; and
         (B) by adding at the end the following:
         ``(2) Except as provided in paragraph (1), in computing 
     an annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section 6301(2)(x) through (xiii), the days 
     of unused sick leave to his credit include any unused sick 
     leave standing to his credit when he was excepted from such 
     subchapter.''.
         (b) Exception From Deposit Requirement.--Section 
     8422(d)(2) of title 5, United States Code, is amended by 
     striking ``section 8415(k)'' and inserting ``paragraph (1) or 
     (2) of section 8415(l)''.
         (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

         (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
         (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME 
                   SERVICE.

         (a) In General.--Section 8339(p) of title 5, United 
     States Code, is amended by adding at the end the following:
         ``(3) In the administration of paragraph (1)--
         ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and

[[Page 14252]]

         ``(B) subparagraph (B) of such paragraph--
         ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
         ``(ii) shall not apply with respect to that portion of 
     any annuity which is attributable to service performed before 
     April 7, 1986.''.
         (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

         (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
         ``(i)(1) Each employee or Member who has received a 
     refund of retirement deductions under this or any other 
     retirement system established for employees of the Government 
     covering service for which such employee or Member may be 
     allowed credit under this chapter may deposit the amount 
     received, with interest. Credit may not be allowed for the 
     service covered by the refund until the deposit is made.
         ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
         ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
         (b) Technical and Conforming Amendments.--
         (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
         (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
         (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

         (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.
         (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

         (a) Retirement Credit.--
         (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
         (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
         (B) Sections 8336 (other than subsections (d), (h), and 
     (p) thereof) and 8412 (relating to immediate retirement).
         (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
         (D) Sections 8336(d), 8336(h), 8336(p), and 8414 
     (relating to early retirement).
         (E) Section 8341 and subchapter IV of chapter 84 
     (relating to survivor annuities).
         (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
         (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
         (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
         (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
         (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
         (A) which was performed prior to the effective date of 
     the amendments made by section 11246(b) of the Balanced 
     Budget Act of 1997; and
         (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
         (2) Service performed by an individual as an employee of 
     an entity of the District of Columbia government whose 
     functions were transferred to the Pretrial Services, Parole, 
     Adult Supervision, and Offender Supervision Trustee under 
     section 11232 of the Balanced Budget Act of 1997--
         (A) which was performed prior to the effective date of 
     the individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
         (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
         (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
         (A) which was performed prior to the effective date of 
     the amendments made by section 7(e) of the District of 
     Columbia Courts and Justice Technical Corrections Act of 
     1998; and
         (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
         (4) In the case of an individual who was an employee of 
     the District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
         (A) which was performed prior to the effective date of 
     the individual's coverage as an employee of the Federal 
     Government; and
         (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
         (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.
        TITLE ___--NON-FOREIGN AREA RETIREMENT EQUITY ASSURANCE

     SEC. _01. SHORT TITLE.

         This title may be cited as the ``Non-Foreign Area 
     Retirement Equity Assurance Act of 2009'' or the ``Non-
     Foreign AREA Act of 2009''.

     SEC. _02. EXTENSION OF LOCALITY PAY.

         (a) Locality-Based Comparability Payments.--Section 5304 
     of title 5, United States Code, is amended--
         (1) in subsection (f)(1), by striking subparagraph (A) 
     and inserting the following:
         ``(A) each General Schedule position in the United 
     States, as defined under section 5921(4), and its territories 
     and possessions, including the Commonwealth of Puerto Rico 
     and the Commonwealth of the Northern Mariana Islands, shall 
     be included within a pay locality;'';
         (2) in subsection (g)--
         (A) in paragraph (2)--
         (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
         (ii) in subparagraph (B) by striking the period and 
     inserting ``; and''; and
         (iii) by adding after subparagraph (B) the following:
         ``(C) positions under subsection (h)(1)(C) not covered by 
     appraisal systems certified under section 5382; and''; and
         (B) by adding at the end the following:
         ``(3) The applicable maximum under this subsection shall 
     be level II of the Executive Schedule for positions under 
     subsection (h)(1)(C) covered by appraisal systems certified 
     under section 5307(d).''; and
         (3) in subsection (h)(1)--
         (A) in subparagraph (B) by striking ``and'' after the 
     semicolon;
         (B) by redesignating subparagraph (C) as subparagraph 
     (D);
         (C) by inserting after subparagraph (B) the following:
         ``(C) a Senior Executive Service position under section 
     3132 or 3151 or a senior level position under section 5376 
     stationed within the United States, but outside the 48 
     contiguous States and the District of Columbia in which the 
     incumbent was an individual who on the day before the date of 
     enactment of the Non-Foreign Area Retirement Equity Assurance 
     Act of 2009 was eligible to receive a cost-of-living 
     allowance under section 5941; and'';

[[Page 14253]]

         (D) in clause (iv) in the matter following subparagraph 
     (D), by inserting ``, except for members covered by 
     subparagraph (C)'' before the semicolon; and
         (E) in clause (v) in the matter following subparagraph 
     (D), by inserting ``, except for members covered by 
     subparagraph (C)'' before the semicolon.
         (b) Allowances Based on Living Costs and Conditions of 
     Environment.--Section 5941 of title 5, United States Code, is 
     amended--
         (1) in subsection (a), by adding after the last sentence 
     ``Notwithstanding any preceding provision of this subsection, 
     the cost-of-living allowance rate based on paragraph (1) 
     shall be the cost-of-living allowance rate in effect on the 
     date of enactment of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009, except as adjusted under subsection 
     (c).'';
         (2) by redesignating subsection (b) as subsection (d); 
     and
         (3) by inserting after subsection (a) the following:
         ``(b) This section shall apply only to areas that are 
     designated as cost-of-living allowance areas as in effect on 
     December 31, 2009.
         ``(c)(1) The cost-of-living allowance rate payable under 
     this section shall be adjusted on the first day of the first 
     applicable pay period beginning on or after--
         ``(A) January 1, 2010; and
         ``(B) January 1 of each calendar year in which a 
     locality-based comparability adjustment takes effect under 
     section _04 (2) and (3) of the Non-Foreign Area Retirement 
     Equity Assurance Act of 2009.
         ``(2)(A) In this paragraph, the term `applicable 
     locality-based comparability pay percentage' means, with 
     respect to calendar year 2010 and each calendar year 
     thereafter, the applicable percentage under section _04 (1), 
     (2), or (3) of Non-Foreign Area Retirement Equity Assurance 
     Act of 2009.
         ``(B) Each adjusted cost-of-living allowance rate under 
     paragraph (1) shall be computed by--
         ``(i) subtracting 65 percent of the applicable locality-
     based comparability pay percentage from the cost-of-living 
     allowance percentage rate in effect on December 31, 2009; and
         ``(ii) dividing the resulting percentage determined under 
     clause (i) by the sum of--
         ``(I) one; and
         ``(II) the applicable locality-based comparability 
     payment percentage expressed as a numeral.
         ``(3) No allowance rate computed under paragraph (2) may 
     be less than zero.
         ``(4) Each allowance rate computed under paragraph (2) 
     shall be paid as a percentage of basic pay (including any 
     applicable locality-based comparability payment under section 
     5304 or similar provision of law and any applicable special 
     rate of pay under section 5305 or similar provision of 
     law).''.

     SEC. _03. ADJUSTMENT OF SPECIAL RATES.

         (a) In General.--Each special rate of pay established 
     under section 5305 of title 5, United States Code, and 
     payable in an area designated as a cost-of-living allowance 
     area under section 5941(a) of that title, shall be adjusted, 
     on the dates prescribed by section _04 of this title, in 
     accordance with regulations prescribed by the Director of the 
     Office of Personnel Management under section _08 of this 
     title.
         (b) Agencies With Statutory Authority.--
         (1) In general.--Each special rate of pay established 
     under an authority described under paragraph (2) and payable 
     in a location designated as a cost-of-living allowance area 
     under section 5941(a)(1) of title 5, United States Code, 
     shall be adjusted in accordance with regulations prescribed 
     by the applicable head of the agency that are consistent with 
     the regulations issued by the Director of the Office of 
     Personnel Management under subsection (a).
         (2) Statutory authority.--The authority referred to under 
     paragraph (1), is any statutory authority that--
         (A) is similar to the authority exercised under section 
     5305 of title 5, United States Code;
         (B) is exercised by the head of an agency when the head 
     of the agency determines it to be necessary in order to 
     obtain or retain the services of persons specified by 
     statute; and
         (C) authorizes the head of the agency to increase the 
     minimum, intermediate, or maximum rates of basic pay 
     authorized under applicable statutes and regulations.
         (c) Temporary Adjustment.--Regulations issued under 
     subsection (a) or (b) may provide that statutory limitations 
     on the amount of such special rates may be temporarily raised 
     to a higher level during the transition period described in 
     section _04 ending on the first day of the first pay period 
     beginning on or after January 1, 2012, at which time any 
     special rate of pay in excess of the applicable limitation 
     shall be converted to a retained rate under section 5363 of 
     title 5, United States Code.

     SEC. _04. TRANSITION SCHEDULE FOR LOCALITY-BASED 
                   COMPARABILITY PAYMENTS.

         Notwithstanding any other provision of this title or 
     section 5304 or 5304a of title 5, United States Code, in 
     implementing the amendments made by this title, for each non-
     foreign area determined under section 5941(b) of that title, 
     the applicable rate for the locality-based comparability 
     adjustment that is used in the computation required under 
     section 5941(c) of that title shall be adjusted effective on 
     the first day of the first pay period beginning on or after 
     January 1--
         (1) in calendar year 2010, by using \1/3\ of the locality 
     pay percentage for the rest of United States locality pay 
     area;
         (2) in calendar year 2011, by using \2/3\ of the 
     otherwise applicable comparability payment approved by the 
     President for each non-foreign area; and
         (3) in calendar year 2012 and each subsequent year, by 
     using the full amount of the applicable comparability payment 
     approved by the President for each non-foreign area.

     SEC. _05. SAVINGS PROVISION.

         (a) In general.--During the period described under 
     section _04 of this title, an employee paid a special rate 
     under 5305 of title 5, United States Code, who the day before 
     the date of enactment of this Act was eligible to receive a 
     cost-of-living allowance under section 5941 of title 5, 
     United States Code, and who continues to be officially 
     stationed in an allowance area, shall receive an increase in 
     the employee's special rate consistent with increases in the 
     applicable special rate schedule. For employees in allowance 
     areas, the minimum step rate for any grade of a special rate 
     schedule shall be increased at the time of an increase in the 
     applicable locality rate percentage for the allowance area by 
     not less than the dollar increase in the locality-based 
     comparability payment for a non-special rate employee at the 
     same minimum step provided under section _04 of this title, 
     and corresponding increases shall be provided for all step 
     rates of the given pay range.
         (b) Continuation of cost of living allowance rate.--If an 
     employee, who the day before the date of enactment of this 
     Act was eligible to receive a cost-of-living allowance under 
     section 5941 of title 5, United States Code, would receive a 
     rate of basic pay and applicable locality-based comparability 
     payment which is in excess of the maximum rate limitation set 
     under section 5304(g) of title 5, United States Code, for his 
     position (but for that maximum rate limitation) due to the 
     operation of this title, the employee shall continue to 
     receive the cost-of-living allowance rate in effect on 
     December 31, 2009 without adjustment until--
         (A) the employee leaves the allowance area or pay system; 
     or
         (B) the employee is entitled to receive basic pay 
     (including any applicable locality-based comparability 
     payment or similar supplement) at a higher rate,
     but, when any such position becomes vacant, the pay of any 
     subsequent appointee thereto shall be fixed in the manner 
     provided by applicable law and regulation.
         (c) Locality-based comparability payments.--Any employee 
     covered under paragraph (2) shall receive any applicable 
     locality-based comparability payment extended under section 
     _04 of this title which is not in excess of the maximum rate 
     set under section 5304(g) of title 5, United States Code, for 
     his position including any future increase to statutory pay 
     limitations under 5318 of title 5, United States Code. 
     Notwithstanding paragraph (2), to the extent that an employee 
     covered under that paragraph receives any amount of locality-
     based comparability payment, the cost-of-living allowance 
     rate under that paragraph shall be reduced accordingly, as 
     provided under section 5941(c)(2)(B) of title 5, United 
     States Code.

     SEC. _06. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

         (a) In General.--
         (1) Definition.--In this subsection, the term ``covered 
     employee'' means--
         (A) any employee who--
         (i) on the day before the date of enactment of this Act--

         (I) was eligible to be paid a cost-of-living allowance 
     under 5941 of title 5, United States Code; and
         (II) was not eligible to be paid locality-based 
     comparability payments under 5304 or 5304a of that title; or

         (ii) on or after the date of enactment of this Act 
     becomes eligible to be paid a cost-of-living allowance under 
     5941 of title 5, United States Code; or
         (B) any employee who--
         (i) on the day before the date of enactment of this Act--

         (I) was eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
         (II) was eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
         (III) was employed by the Transportation Security 
     Administration of the Department of Homeland Security and was 
     eligible to be paid an allowance based on section 5941 of 
     title 5, United States Code; or
         (IV) was eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code; or

         (ii) on or after the date of enactment of this Act--

         (I) becomes eligible to be paid an allowance under 
     section 1603(b) of title 10, United States Code;

[[Page 14254]]

         (II) becomes eligible to be paid an allowance under 
     section 1005(b) of title 39, United States Code;
         (III) is employed by the Transportation Security 
     Administration of the Department of Homeland Security and 
     becomes eligible to be paid an allowance based on section 
     5941 of title 5, United States Code; or
         (IV) is eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code.

         (2) Application to covered employees.--
         (A) In general.--Notwithstanding any other provision of 
     law, for purposes of this title (including the amendments 
     made by this title) any covered employee shall be treated as 
     an employee to whom section 5941 of title 5, United States 
     Code (as amended by section _02 of this title), and section 
     _04 of this title apply.
         (B) Pay fixed by statute.--Pay to covered employees under 
     section 5304 or 5304a of title 5, United States Code, as a 
     result of the application of this title shall be considered 
     to be fixed by statute.
         (C) Performance appraisal system.--With respect to a 
     covered employee who is subject to a performance appraisal 
     system no part of pay attributable to locality-based 
     comparability payments as a result of the application of this 
     title including section 5941 of title 5, United States Code 
     (as amended by section _02 of this title), may be reduced on 
     the basis of the performance of that employee.
         (b) Postal Employees in Non-Foreign Areas.--
         (1) In general.--Section 1005(b) of title 39, United 
     States Code, is amended--
         (A) by inserting ``(1)'' after ``(b)'';
         (B) by striking ``Section 5941,'' and inserting ``Except 
     as provided under paragraph (2), section 5941'';
         (C) by striking ``For purposes of such section,'' and 
     inserting ``Except as provided under paragraph (2), for 
     purposes of section 5941 of that title,''; and
         (D) by adding at the end the following:
         ``(2) On and after the date of enactment of the Non-
     Foreign Area Retirement Equity Assurance Act of 2009--
         ``(A) the provisions of that Act and section 5941 of 
     title 5 shall apply to officers and employees covered by 
     section 1003 (b) and (c) whose duty station is in a 
     nonforeign area; and
         ``(B) with respect to officers and employees of the 
     Postal Service (other than those officers and employees 
     described under subparagraph (A)) of section _06(b)(2) of 
     that Act shall apply.''.
         (2) Continuation of cost of living allowance.--
         (A) In general.--Notwithstanding any other provision of 
     this title, any employee of the Postal Service (other than an 
     employee covered by section 1003 (b) and (c) of title 39, 
     United States Code, whose duty station is in a nonforeign 
     area) who is paid an allowance under section 1005(b) of that 
     title shall be treated for all purposes as if the provisions 
     of this title (including the amendments made by this title) 
     had not been enacted, except that the cost-of-living 
     allowance rate paid to that employee--
         (i) may result in the allowance exceeding 25 percent of 
     the rate of basic pay of that employee; and
         (ii) shall be the greater of--

         (I) the cost-of-living allowance rate in effect on 
     December 31, 2009 for the applicable area; or
         (II) the applicable locality-based comparability pay 
     percentage under section _04.

         (B) Rule of construction.--Nothing in this title shall be 
     construed to--
         (i) provide for an employee described under subparagraph 
     (A) to be a covered employee as defined under subsection (a); 
     or
         (ii) authorize an employee described under subparagraph 
     (A) to file an election under section _07 of this title.

     SEC. _07. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY 
                   COMPUTATION BY EMPLOYEES.

         (a) Definition.--In this section the term ``covered 
     employee'' means any employee--
         (1) to whom section _04 applies;
         (2) who is separated from service by reason of retirement 
     under chapter 83 or 84 of title 5, United States Code, during 
     the period of January 1, 2010, through December 31, 2012; and
         (3) who files an election with the Office of Personnel 
     Management under subsection (b).
         (b) Election.--
         (1) In general.--An employee described under subsection 
     (a) (1) and (2) may file an election with the Office of 
     Personnel Management to be covered under this section.
         (2) Deadline.--An election under this subsection may be 
     filed not later than December 31, 2012.
         (c) Computation of Annuity.--
         (1) In general.--Except as provided under paragraph (2), 
     for purposes of the computation of an annuity of a covered 
     employee any cost-of-living allowance under section 5941 of 
     title 5, United States Code, paid to that employee during the 
     first applicable pay period beginning on or after January 1, 
     2010 through the first applicable pay period ending on or 
     after December 31, 2012, shall be considered basic pay as 
     defined under section 8331(3) or 8401(4) of that title.
         (2) Limitation.--The amount of the cost-of-living 
     allowance which may be considered basic pay under paragraph 
     (1) may not exceed the amount of the locality-based 
     comparability payments the employee would have received 
     during that period for the applicable pay area if the 
     limitation under section _04 of this title did not apply.
         (d) Civil Service Retirement and Disability Retirement 
     Fund.--
         (1) Employee contributions.--A covered employee shall pay 
     into the Civil Service Retirement and Disability Retirement 
     Fund--
         (A) an amount equal to the difference between--
         (i) employee contributions that would have been deducted 
     and withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during the period described under 
     subsection (c) of this section if the cost-of-living 
     allowances described under that subsection had been treated 
     as basic pay under section 8331(3) or 8401(4) of title 5, 
     United States Code; and
         (ii) employee contributions that were actually deducted 
     and withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during that period; and
         (B) interest as prescribed under section 8334(e) of title 
     5, United States Code, based on the amount determined under 
     subparagraph (A).
         (2) Agency contributions.--
         (A) In general.--The employing agency of a covered 
     employee shall pay into the Civil Service Retirement and 
     Disability Retirement Fund an amount for applicable agency 
     contributions based on payments made under paragraph (1).
         (B) Source.--Amounts paid under this paragraph shall be 
     contributed from the appropriation or fund used to pay the 
     employee.
         (3) Regulations.--The Office of Personnel Management may 
     prescribe regulations to carry out this section.

     SEC. _08. REGULATIONS.

         (a) In General.--The Director of the Office of Personnel 
     Management shall prescribe regulations to carry out this 
     title, including--
         (1) rules for special rate employees described under 
     section _03;
         (2) rules for adjusting rates of basic pay for employees 
     in pay systems administered by the Office of Personnel 
     Management when such employees are not entitled to locality-
     based comparability payments under section 5304 of title 5, 
     United States Code, without regard to otherwise applicable 
     statutory pay limitations during the transition period 
     described in section _04 ending on the first day of the first 
     pay period beginning on or after January 1, 2012; and
         (3) rules governing establishment and adjustment of saved 
     or retained rates for any employee whose rate of pay exceeds 
     applicable pay limitations on the first day of the first pay 
     period beginning on or after January 1, 2012.
         (b) Other Pay Systems.--With the concurrence of the 
     Director of the Office of Personnel Management, the 
     administrator of a pay system not administered by the Office 
     of Personnel Management shall prescribe regulations to carry 
     out this title with respect to employees in such pay system, 
     consistent with the regulations prescribed by the Office 
     under subsection (a). With respect to employees not entitled 
     to locality-based comparability payments under section 5304 
     of title 5, United States Code, regulations prescribed under 
     this subsection may provide for special payments or 
     adjustments for employees who were eligible to receive a 
     cost-of-living allowance under section 5941 of that title on 
     the date before the date of enactment of this Act.

     SEC. _09. EFFECTIVE DATES.

         (a) In General.--Except as provided by subsection (b), 
     this title (including the amendments made by this title) 
     shall take effect on the date of enactment of this Act.
         (b) Locality Pay and Schedule.--The amendments made by 
     section _02 and the provisions of section _04 shall take 
     effect on the first day of the first applicable pay period 
     beginning on or after January 1, 2010.
            TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

     SEC. __1. SHORT TITLE.

         This title may be cited as the ``Part-Time Reemployment 
     of Annuitants Act of 2009''.

     SEC. __2. PART-TIME REEMPLOYMENT.

         (a) Civil Service Retirement System.--Section 8344 of 
     title 5, United States Code, is amended--
         (1) by redesignating subsection (l) as subsection (m);
         (2) by inserting after subsection (k) the following:
         ``(l)(1) For purposes of this subsection--
         ``(A) the term `head of an agency' means--
         ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
         ``(ii) the head of the United States Postal Service;
         ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and

[[Page 14255]]

         ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
         ``(B) the term `limited time appointee' means an 
     annuitant appointed under a temporary appointment limited to 
     1 year or less.
         ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
         ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
         ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
         ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
         ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
         ``(E) promote appropriate training or mentoring programs 
     of employees;
         ``(F) assist in the recruitment or retention of 
     employees; or
         ``(G) respond to an emergency involving a direct threat 
     to life of property or other unusual circumstances.
         ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
         ``(A) for more than 520 hours of service performed by 
     that annuitant during the period ending 6 months following 
     the individual's annuity commencing date;
         ``(B) for more than 1040 hours of service performed by 
     that annuitant during any 12-month period; or
         ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
         ``(4)(A) The total number of annuitants to whom a waiver 
     by the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
         ``(B) If the total number of annuitants to whom a waiver 
     by the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
         ``(i) a report with an explanation that justifies the 
     need for the waivers in excess of that percentage; and
         ``(ii) not later than 180 days after submitting the 
     report under clause (i), a succession plan.
         ``(5)(A) The Director of the Office of Personnel 
     Management may promulgate regulations providing for the 
     administration of this subsection.
         ``(B) Any regulations promulgated under subparagraph (A) 
     may--
         ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
         ``(ii) to the extent not otherwise expressly prohibited 
     by law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
         ``(iii) authorize other administratively convenient 
     periods substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
         ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for the effective operation of, or to 
     ensure compliance with, this subsection; and
         ``(v) encourage the training and mentoring of employees 
     by any limited time appointee employed under this subsection.
         ``(6)(A) Any hours of training or mentoring of employees 
     by any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
         ``(B) If the primary service performed by any limited 
     time appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
         ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
         (3) in subsection (m) (as so redesignated)--
         (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
         (B) in paragraph (2), by striking ``or (k)'' and 
     inserting ``(k), or (l)''.
         (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
         (1) by redesignating subsection (i) as subsection (j);
         (2) by inserting after subsection (h) the following:
         ``(i)(1) For purposes of this subsection--
         ``(A) the term `head of an agency' means--
         ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
         ``(ii) the head of the United States Postal Service;
         ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
         ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and
         ``(B) the term `limited time appointee' means an 
     annuitant appointed under a temporary appointment limited to 
     1 year or less.
         ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
         ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
         ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
         ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
         ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
         ``(E) promote appropriate training or mentoring programs 
     of employees;
         ``(F) assist in the recruitment or retention of 
     employees; or
         ``(G) respond to an emergency involving a direct threat 
     to life of property or other unusual circumstances.
         ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
         ``(A) for more than 520 hours of service performed by 
     that annuitant during the period ending 6 months following 
     the individual's annuity commencing date;
         ``(B) for more than 1040 hours of service performed by 
     that annuitant during any 12-month period; or
         ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
         ``(4)(A) The total number of annuitants to whom a waiver 
     by the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
         ``(B) If the total number of annuitants to whom a waiver 
     by the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
         ``(i) a report with an explanation that justifies the 
     need for the waivers in excess of that percentage; and
         ``(ii) not later than 180 days after submitting the 
     report under clause (i), a succession plan.
         ``(5)(A) The Director of the Office of Personnel 
     Management may promulgate regulations providing for the 
     administration of this subsection.
         ``(B) Any regulations promulgated under subparagraph (A) 
     may--
         ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
         ``(ii) to the extent not otherwise expressly prohibited 
     by law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
         ``(iii) authorize other administratively convenient 
     periods substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
         ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
         ``(v) encourage the training and mentoring of employees 
     by any limited time appointee employed under this subsection.
         ``(6)(A) Any hours of training or mentoring of employees 
     by any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
         ``(B) If the primary service performed by any limited 
     time appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
         ``(7) The authority of the head of an agency under this 
     subsection to waive the

[[Page 14256]]

     application of subsection (a) shall terminate 5 years after 
     the date of enactment of the Part-Time Reemployment of 
     Annuitants Act of 2009.''; and
         (3) in subsection (j) (as so redesignated)--
         (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
         (B) in paragraph (2), by striking ``or (h)'' and 
     inserting ``(h), or (i)''.
         (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
         (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
         (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
         (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

         (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section __2.
         (b) Contents.--The report submitted under subsection (a) 
     shall--
         (1) include the number of annuitants for whom a waiver 
     was made under subsection (l) of section 8344 of title 5, 
     United States Code, as amended by this title, or subsection 
     (i) of section 8468 of title 5, United States Code, as 
     amended by this title; and
         (2) identify each agency that used the authority 
     described in paragraph (1).
         (c) Agency Data.--Each head of an agency (as defined 
     under sections 8344(l)(1) and 8468(i)(1)(A) of title 5, 
     United States Code, as added by section __2 of this title) 
     shall--
         (1) collect and maintain data necessary for purposes of 
     the Comptroller General report submitted under subsection 
     (a); and
         (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1302. Mrs. HAGAN submitted an amendment intended to be proposed to 
amendment SA 1251 submitted by Mrs. Hagen and intended to be proposed 
to the bill H.R. 1256, to protect the public health by providing the 
Food and Drug Administration with certain authority to regulate tobacco 
products, to amend title 5, United States Code, to make certain 
modifications in the Thrift Savings Plan, the Civil Service Retirement 
System, and the Federal Employees' Retirement System, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1 of the amendment, line 6, strike ``includes'' and 
     all that follows through line 7 on page 2, and insert the 
     following: ``means a tobacco product manufacturer that 
     employs fewer than 350 employees. For purposes of determining 
     the number of employees of a manufacturer under the preceding 
     sentence--
       ``(A) the employees of a manufacturer are deemed to include 
     the employees of each entity that controls, is controlled by, 
     or is under common control with such manufacturer; and
       ``(B) except that in the case of a farmer owned tobacco 
     grower cooperative that is also tobacco manufacturer, any 
     employees whose responsibilities and compensation in no way 
     support, are connected to, or are dependent upon the 
     manufacture, fabrication, assembly, processing, labeling, 
     storage or marketing of tobacco products, including 
     cigarettes, roll-your-own tobacco, cigars, small cigar or 
     cigarette tubes shall not be deemed employees of the tobacco 
     product manufacturer.''.

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