II 

116TH CONGRESS 

1ST SESSION S. 531 

To permit disabled law enforcement officers, customs and border protection 

officers, firefighters, air traffic controllers, nuclear materials couriers, 

members of the Capitol Police, members of the Supreme Court Police, 

employees of the Central Intelligence Agency performing intelligence activities abroad or having specialized security requirements, and diplomatic 

security special agents of the Department of State to receive retirement 

benefits in the same manner as if they had not been disabled. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2019 

Mr. TESTER (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To permit disabled law enforcement officers, customs and 

border protection officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Capitol 

Police, members of the Supreme Court Police, employees 

of the Central Intelligence Agency performing intelligence 

activities abroad or having specialized security requirements, and diplomatic security special agents of the Department of State to receive retirement benefits in the 

same manner as if they had not been disabled. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘First Responder Fair 

3 Return for Employees on Their Initial Retirement Earned 

4 Act of 2019’’ or the ‘‘First Responder Fair RETIRE 

5 Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) it is in the best national and homeland se9 curity interests of the United States for Federal 

10 agencies to retain the specialized knowledge and ex11 perience of individuals who suffer an injury or illness 

12 while serving in a covered position (as defined under 

13 the amendments made by this Act); and 

14 (2) Federal agencies should ensure, to the 

15 greatest extent possible, that an individual who can 

16 no longer carry out the duties of a covered position, 

17 and is reappointed to a position in the civil service 

18 that is not a covered position, is reappointed within 

19 the same Federal agency, in the same geographic lo20 cation, and at a level of pay commensurate to the 

21 position which the individual held immediately prior 

22 to such injury or illness. 

23 SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES. 

24 (a) CSRS.—Section 8336(c) of title 5, United States 

25 Code, is amended by adding at the end the following: 

26 ‘‘(3)(A) In this paragraph— 


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1 ‘‘(i) the term ‘affected individual’ means an in2 dividual covered under this subchapter who— 

3 ‘‘(I) is performing service in a covered po4 sition; 

5 ‘‘(II) while performing official duties, be6 comes ill or is injured as a direct result of the 

7 performance of such duties before the date on 

8 which the individual becomes entitled to an an9 nuity under paragraph (1) of this subsection or 

10 subsection (e), (m), or (n), as applicable; 

11 ‘‘(III) because of the illness or injury de12 scribed in subclause (II), is permanently unable 

13 to render useful and efficient service in the cov14 ered position held by the employee, as deter15 mined by the agency in which the individual 

16 was serving when such individual incurred the 

17 illness or injury; and 

18 ‘‘(IV) is appointed to a position in the civil 

19 service that— 

20 ‘‘(aa) is not a covered position; and 

21 ‘‘(bb) is within an agency that regu22 larly appoints individuals to supervisory or 

23 administrative positions related to the ac24 tivities of the former covered position of 

25 the individual; and 


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1 ‘‘(ii) the term ‘covered position’ means a posi2 tion as a law enforcement officer, customs and bor3 der protection officer, firefighter, air traffic con4 troller, nuclear materials courier, member of the 

5 Capitol Police, or member of the Supreme Court Po6 lice. 

7 ‘‘(B) Creditable service by an affected individual in 

8 a position described in subparagraph (A)(i)(IV) shall be 

9 treated as creditable service in a covered position for pur10 poses of this chapter and determining the amount to be 

11 deducted and withheld from the pay of the affected indi12 vidual under section 8334, unless— 

13 ‘‘(i) the affected individual files an election de14 scribed in subparagraph (C); 

15 ‘‘(ii) there is a break in service exceeding 3 

16 days before the affected individual transitions to the 

17 position described in subparagraph (A)(i)(IV); or 

18 ‘‘(iii) the service occurs after the affected indi19 vidual— 

20 ‘‘(I) is transferred to a supervisory or ad21 ministrative position related to the activities of 

22 the former covered position of the affected indi23 vidual; or 

24 ‘‘(II) meets the age and service require25 ments that would subject the individual to manVerDate Sep 11 2014 02:24 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S531.IS S531

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1 datory separation under section 8335 if the af2 fected individual had remained in the former 

3 covered position. 

4 ‘‘(C) In accordance with procedures established by 

5 the Director of the Office of Personnel Management, an 

6 affected individual may file an election to have any cred7 itable service performed by the affected individual treated 

8 in accordance with this chapter without regard to subpara9 graph (B). 

10 ‘‘(D) Nothing in this paragraph shall be construed 

11 to apply to an affected individual any other pay-related 

12 laws or regulations applicable to a covered position.’’. 

13 (b) FERS.— 

14 (1) IN GENERAL.—Section 8412(d) of title 5, 

15 United States Code, is amended— 

16 (A) by redesignating paragraphs (1) and 

17 (2) as subparagraphs (A) and (B), respectively; 

18 (B) by inserting ‘‘(1)’’ before ‘‘An em19 ployee’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(2)(A) In this paragraph— 

22 ‘‘(i) the term ‘affected individual’ means an in23 dividual covered under this chapter who— 

24 ‘‘(I) is performing service in a covered po25 sition; 


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1 ‘‘(II) while performing official duties, be2 comes ill or is injured as a direct result of the 

3 performance of such duties before the date on 

4 which the individual becomes entitled to an an5 nuity under paragraph (1) of this subsection or 

6 subsection (e), as applicable; 

7 ‘‘(III) because of the illness or injury de8 scribed in subclause (II), is permanently unable 

9 to render useful and efficient service in the cov10 ered position held by the employee, as deter11 mined by the agency in which the individual 

12 was serving when such individual incurred the 

13 illness or injury; and 

14 ‘‘(IV) is appointed to a position in the civil 

15 service that— 

16 ‘‘(aa) is not a covered position; and 

17 ‘‘(bb) is within an agency that regu18 larly appoints individuals to supervisory or 

19 administrative positions related to the ac20 tivities of the former covered position of 

21 the individual; 

22 ‘‘(ii) the term ‘covered position’ means a posi23 tion as a law enforcement officer, customs and bor24 der protection officer, firefighter, air traffic con25 troller, nuclear materials courier, member of the 


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1 Capitol Police, or member of the Supreme Court Po2 lice. 

3 ‘‘(B) Creditable service by an affected individual in 

4 a position described in subparagraph (A)(i)(IV) shall be 

5 treated as creditable service in a covered position for pur6 poses of this chapter and determining the amount to be 

7 deducted and withheld from the pay of the affected indi8 vidual under section 8422, unless— 

9 ‘‘(i) the affected individual files an election de10 scribed in subparagraph (C); 

11 ‘‘(ii) there is a break in service exceeding 3 

12 days before the affected individual transitions to the 

13 position described in subparagraph (A)(i)(IV); or 

14 ‘‘(iii) the service occurs after the affected indi15 vidual— 

16 ‘‘(I) is transferred to a supervisory or ad17 ministrative position related to the activities of 

18 the former covered position of the affected indi19 vidual; or 

20 ‘‘(II) meets the age and service require21 ments that would subject the affected individual 

22 to mandatory separation under section 8425 if 

23 the affected individual had remained in the 

24 former covered position. 


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1 ‘‘(C) In accordance with procedures established by 

2 the Director of the Office of Personnel Management, an 

3 affected individual may file an election to have any cred4 itable service performed by the affected individual treated 

5 in accordance with this chapter without regard to subpara6 graph (B). 

7 ‘‘(D) Nothing in this paragraph shall be construed 

8 to apply to an affected individual any other pay-related 

9 laws or regulations applicable to a covered position.’’. 

10 (2) TECHNICAL AND CONFORMING AMEND11 MENTS.— 

12 (A) Chapter 84 of title 5, United States 

13 Code, is amended— 

14 (i) in section 8414(b)(3), by inserting 

15 ‘‘(1)’’ after ‘‘subsection (d)’’; 

16 (ii) in section 8415— 

17 (I) in subsection (e), in the mat18 ter preceding paragraph (1), by in19 serting ‘‘(1)’’ after ‘‘subsection (d)’’; 

20 and 

21 (II) in subsection (h)(2)(A), by 

22 striking ‘‘(d)(2)’’ and inserting 

23 ‘‘(d)(1)(B)’’; 

24 (iii) in section 8421(a)(1), by insert25 ing ‘‘(1)’’ after ‘‘(d)’’; 


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1 (iv) in section 8421a(b)(4)(B)(ii), by 

2 inserting ‘‘(1)’’ after ‘‘section 8412(d)’’; 

3 (v) in section 8425, by inserting ‘‘(1)’’ 

4 after ‘‘section 8412(d)’’ each place it ap5 pears; and 

6 (vi) in section 8462(c)(3)(B)(ii), by 

7 inserting ‘‘(1)’’ after ‘‘subsection (d)’’. 

8 (B) Title VIII of the Foreign Service Act 

9 of 1980 (22 U.S.C. 4041 et seq.) is amended— 

10 (i) in section 805(d)(5) (22 U.S.C. 

11 4045(d)(5)), by inserting ‘‘(1)’’ after ‘‘or 

12 8412(d)’’; and 

13 (ii) in section 812(a)(2)(B) (22 

14 U.S.C. 4052(a)(2)(B)), by inserting ‘‘(1)’’ 

15 after ‘‘or 8412(d)’’. 

16 (c) CIA EMPLOYEES.—Section 302 of the Central In17 telligence Agency Retirement Act (50 U.S.C. 2152) is 

18 amended by adding at the end the following: 

19 ‘‘(d) EMPLOYEES DISABLED ON DUTY.— 

20 ‘‘(1) DEFINITIONS.—In this subsection— 

21 ‘‘(A) the term ‘affected employee’ means 

22 an employee of the Agency covered under sub23 chapter II of chapter 84 of title 5, United 

24 States Code, who— 


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1 ‘‘(i) is performing service in a position 

2 designated under subsection (a); 

3 ‘‘(ii) while performing official duties 

4 in the position designated under subsection 

5 (a), becomes ill or is injured as a direct re6 sult of the performance of such duties be7 fore the date on which the employee be8 comes entitled to an annuity under section 

9 233 of this Act or section 8412(d)(1) of 

10 title 5, United States Code; 

11 ‘‘(iii) because of the illness or injury 

12 described in clause (ii), is permanently un13 able to render useful and efficient service 

14 in the covered position held by the em15 ployee, as determined by the Director; and 

16 ‘‘(iv) is appointed to a position in the 

17 civil service within the Agency that is not 

18 a covered position; and 

19 ‘‘(B) the term ‘covered position’ means a 

20 position as— 

21 ‘‘(i) a law enforcement officer de22 scribed in section 8331(20) or 8401(17) of 

23 title 5, United States Code; 


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1 ‘‘(ii) a customs and border protection 

2 officer described in section 8331(31) or 

3 8401(36) of title 5, United States Code; 

4 ‘‘(iii) a firefighter described in section 

5 8331(21) or 8401(14) of title 5, United 

6 States Code; 

7 ‘‘(iv) an air traffic controller described 

8 in section 8331(30) or 8401(35) of title 5, 

9 United States Code; 

10 ‘‘(v) a nuclear materials courier de11 scribed in section 8331(27) or 8401(33) of 

12 title 5, United States Code; 

13 ‘‘(vi) a member of the United States 

14 Capitol Police; 

15 ‘‘(vii) a member of the Supreme Court 

16 Police; 

17 ‘‘(viii) an affected employee; or 

18 ‘‘(ix) a special agent described in sec19 tion 804(15) of the Foreign Service Act of 

20 1980 (22 U.S.C. 4044(15)). 

21 ‘‘(2) TREATMENT OF SERVICE AFTER DIS22 ABILITY.—Creditable service by an affected em23 ployee in a position described in paragraph 

24 (1)(A)(iv) shall be treated as creditable service in a 

25 covered position for purposes of this Act and chapter 


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1 84 of title 5, United States Code, including eligi2 bility for an annuity under section 233 of this Act 

3 or 8412(d)(1) of title 5, United States Code, and de4 termining the amount to be deducted and withheld 

5 from the pay of the affected employee under section 

6 8422 of title 5, United States Code, unless— 

7 ‘‘(A) the affected employee files an election 

8 described in paragraph (3); 

9 ‘‘(B) there is a break in service exceeding 

10 3 days before the affected employee transitions 

11 to the position described in paragraph 

12 (1)(A)(iv); or 

13 ‘‘(C) the service occurs after the affected 

14 employee is transferred to a supervisory or ad15 ministrative position related to the activities of 

16 the former covered position of the affected em17 ployee. 

18 ‘‘(3) OPT OUT.—An affected employee may file 

19 an election to have any creditable service performed 

20 by the affected employee treated in accordance with 

21 chapter 84 of title 5, United States Code, without 

22 regard to paragraph (2).’’. 

23 (d) FOREIGN SERVICE RETIREMENT AND DIS24 ABILITY SYSTEM.—Section 806(a)(6) of the Foreign ServVerDate Sep 11 2014 02:24 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S531.IS S531

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1 ice Act of 1980 (22 U.S.C. 4046(a)(6)) is amended by 

2 adding at the end the following: 

3 ‘‘(D)(i) In this subparagraph— 

4 ‘‘(I) the term ‘affected special agent’ means an 

5 individual covered under this subchapter who— 

6 ‘‘(aa) is performing service as a special 

7 agent; 

8 ‘‘(bb) while performing official duties as a 

9 special agent, becomes ill or is injured as a di10 rect result of the performance of such duties be11 fore the date on which the individual becomes 

12 entitled to an annuity under section 811; 

13 ‘‘(cc) because of the illness or injury de14 scribed in item (bb), is permanently unable to 

15 render useful and efficient service as a special 

16 agent, as determined by the Secretary; and 

17 ‘‘(dd) is appointed to a position in the For18 eign Service that is not a covered position; and 

19 ‘‘(II) the term ‘covered position’ means a posi20 tion as— 

21 ‘‘(aa) a law enforcement officer described 

22 in section 8331(20) or 8401(17) of title 5, 

23 United States Code; 


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1 ‘‘(bb) a customs and border protection offi2 cer described in section 8331(31) or 8401(36) 

3 of title 5, United States Code; 

4 ‘‘(cc) a firefighter described in section 

5 8331(21) or 8401(14) of title 5, United States 

6 Code; 

7 ‘‘(dd) an air traffic controller described in 

8 section 8331(30) or 8401(35) of title 5, United 

9 States Code; 

10 ‘‘(ee) a nuclear materials courier described 

11 in section 8331(27) or 8401(33) of title 5, 

12 United States Code; 

13 ‘‘(ff) a member of the United States Cap14 itol Police; 

15 ‘‘(gg) a member of the Supreme Court Po16 lice; 

17 ‘‘(hh) an employee of the Agency des18 ignated under section 302(a) of the Central In19 telligence Agency Retirement Act (50 U.S.C. 

20 2152(a)); or 

21 ‘‘(ii) a special agent. 

22 ‘‘(ii) Creditable service by an affected special agent 

23 in a position described in clause (i)(I)(dd) shall be treated 

24 as creditable service as a special agent for purposes of this 

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1 ducted and withheld from the pay of the individual under 

2 section 805, unless— 

3 ‘‘(I) the affected special agent files an election 

4 described in clause (iii); 

5 ‘‘(II) there is a break in service exceeding 3 

6 days before the special agent transitions to a posi7 tion described in clause (i)(I)(dd); or 

8 ‘‘(III) the service occurs after the affected spe9 cial agent is transferred to a supervisory or adminis10 trative position related to the activities of the former 

11 covered position of the affected special agent. 

12 ‘‘(iii) In accordance with procedures established by 

13 the Secretary, an affected special agent may file an elec14 tion to have any creditable service performed by the af15 fected special agent treated in accordance with this sub16 chapter, without regard to clause (ii).’’. 

17 (e) IMPLEMENTATION.— 

18 (1) OFFICE OF PERSONNEL MANAGEMENT.— 

19 Not later than 1 year after the date of enactment 

20 of this Act, the Director of the Office of Personnel 

21 Management shall promulgate regulations to carry 

22 out the amendments made by subsections (a) and 

23 (b). 

24 (2) CIA EMPLOYEES.—The Director of the 

25 Central Intelligence Agency shall promulgate regulaVerDate Sep 11 2014 02:24 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S531.IS S531

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1 tions to carry out the amendment made by sub2 section (c). 

3 (3) FOREIGN SERVICE RETIREMENT AND DIS4 ABILITY SYSTEM.—The Secretary of State shall pro5 mulgate regulations to carry out the amendment 

6 made by subsection (d). 

7 (4) AGENCY CERTIFICATION.—The regulations 

8 promulgated to carry out the amendments made by 

9 this Act shall include a requirement that the head 

10 of the agency at which an affected individual, af11 fected employee, or affected special agent (as the 

12 case may be) incurred the applicable illness or injury 

13 certifies that such illness or injury— 

14 (A) was incurred in the course of per15 forming official duties; and 

16 (B) permanently precludes the affected in17 dividual, affected employee, or affected special 

18 agent from rendering useful and efficient serv19 ice in the covered position but would not pre20 clude the affected individual, affected employee, 

21 or affected special agent from continuing to 

22 serve in the Federal service. 

23 (5) AGENCY REAPPOINTMENT.—The regula24 tions promulgated to carry out the amendments 

25 made by this Act shall ensure that, to the greatest 


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1 extent possible, the head of each agency appoints an 

2 affected individual, affected employee, or affected 

3 special agent to a supervisory or administrative posi4 tion related to the activities of the former covered 

5 position of the affected individual, affected employee, 

6 or affected special agent. 

7 (6) TREATMENT OF SERVICE.—The regulations 

8 promulgated to carry out the amendments made by 

9 this Act shall ensure that the creditable service of an 

10 affected individual, affected employee, or affected 

11 special agent (as the case may be) that is not in a 

12 covered position pursuant to an election made under 

13 such amendments shall be treated as the same type 

14 of service as the covered position in which the af15 fected individual, affected employee, or affected spe16 cial agent suffered the qualifying illness or injury. 

17 (f) EFFECTIVE DATE; APPLICABILITY.—The amend18 ments made by this Act— 

19 (1) shall take effect on the date of enactment 

20 of this Act; and 

21 (2) shall apply to an individual who suffers an 

22 illness or injury described in section 

23 8336(c)(3)(A)(i)(II) or section 8412(d)(2)(A)(i)(II) 

24 of title 5, United States Code, as amended by this 

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1 ligence Agency Retirement Act, as amended by this 

2 section, or section 806(a)(6)(D)(i)(I)(bb) of the For3 eign Service Act of 1980, as amended by this sec4 tion, on or after the date that is 2 years after the 

5 date of enactment of this Act. 

Æ 


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