Volume 155, No. 84 covering the 1st Session of the 111th Congress (2009 - 2010) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S6274-S6315 on June 8, 2009.
The publication is reproduced in full below:
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.
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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 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 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;
(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 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:
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 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;
``(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.
(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
(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 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 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.
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 (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 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 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 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 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
(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 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)'';
(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
``(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).
(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
(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 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. 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))--
(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.
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
``(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 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. 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, 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
``(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:
``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 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 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--
(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
``(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
``(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'';
(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;
(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
``(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 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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