I 

116TH CONGRESS 

1ST SESSION H. R. 1256 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2019 

Mr. CONNOLLY (for himself, Mr. KING of New York, and Mr. LANGEVIN) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on Intelligence 

(Permanent Select), and Foreign Affairs, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Return for Employees on Their Initial Retirement Earned 

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

7 Act’’. 

8 SEC. 2. SENSE OF CONGRESS. 

9 It is the sense of Congress that— 

10 (1) it is in the best national and homeland se11 curity interests of the United States for Federal 

12 agencies to retain the specialized knowledge and ex13 perience of individuals who suffer an injury or illness 

14 while serving in a covered position (as defined under 

15 the amendments made by this Act); and 

16 (2) Federal agencies should ensure, to the 

17 greatest extent possible, that an individual who can 

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

19 and is reappointed to a position in the civil service 

20 that is not a covered position, is reappointed within 

21 the same Federal agency, in the same geographic lo22 cation, and at a level of pay commensurate to the 

23 position which the individual held immediately prior 

24 to such injury or illness. 


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1 SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES. 

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

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

4 ‘‘(3)(A) In this paragraph— 

5 ‘‘(i) the term ‘affected individual’ means an in6 dividual covered under this subchapter who— 

7 ‘‘(I) is performing service in a covered po8 sition; 

9 ‘‘(II) while on duty, becomes ill or is in10 jured as a direct result of the performance of 

11 such duties before the date on which the indi12 vidual becomes entitled to an annuity under 

13 paragraph (1) of this subsection or subsection 

14 (e), (m), or (n), as applicable; 

15 ‘‘(III) because of the illness or injury de16 scribed in subclause (II), is permanently unable 

17 to render useful and efficient service in the em18 ployee’s covered position, as determined by the 

19 agency in which the individual was serving 

20 when such individual incurred the illness or in21 jury; and 

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

23 service that— 

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

25 ‘‘(bb) is within an agency that regu26 larly appoints individuals to supervisory or 


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1 administrative positions related to the ac2 tivities of the former covered position of 

3 the individual; 

4 ‘‘(ii) the term ‘covered position’ means a posi5 tion as a law enforcement officer, customs and bor6 der protection officer, firefighter, air traffic con7 troller, nuclear materials courier, member of the 

8 Capitol Police, or member of the Supreme Court Po9 lice. 

10 ‘‘(B) Unless an affected individual files an election 

11 described in subparagraph (E), creditable service by the 

12 affected individual in a position described in subparagraph 

13 (A)(i)(IV) shall be treated as creditable service in a cov14 ered position for purposes of this chapter and determining 

15 the amount to be deducted and withheld from the pay of 

16 the affected individual under section 8334. 

17 ‘‘(C) Subparagraph (B) shall only apply if the af18 fected employee transitions to a position described in sub19 paragraph (A)(i)(IV) without a break in service exceeding 

20 3 days. 

21 ‘‘(D) The service of an affected individual shall no 

22 longer be eligible for treatment under subparagraph (B) 

23 if such service occurs after the individual— 


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1 ‘‘(i) is transferred to a supervisory or adminis2 trative position related to the activities of the former 

3 covered position of the individual; or 

4 ‘‘(ii) meets the age and service requirements 

5 that would subject the individual to mandatory sepa6 ration under section 8335 if such individual had re7 mained in the former covered position. 

8 ‘‘(E) In accordance with procedures established by 

9 the Director of the Office of Personnel Management, an 

10 affected individual may file an election to have any cred11 itable service performed by the affected individual treated 

12 in accordance with this chapter without regard to subpara13 graph (B). 

14 ‘‘(F) Nothing in this paragraph shall be construed 

15 to apply to such affected individual any other pay-related 

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

17 (b) FERS.— 

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

19 United States Code, is amended— 

20 (A) by redesignating paragraphs (1) and 

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

22 (B) by inserting ‘‘(1)’’ before ‘‘An em23 ployee’’; and 

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

25 ‘‘(2)(A) In this paragraph— 


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

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

5 ‘‘(II) while on duty, becomes ill or is in6 jured as a direct result of the performance of 

7 such duties before the date on which the indi8 vidual becomes entitled to an annuity under 

9 paragraph (1) of this subsection or subsection 

10 (e), 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 em14 ployee’s covered position, as determined by the 

15 agency in which the individual was serving 

16 when such individual incurred the illness or in17 jury; 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; 


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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) Unless an affected individual files an election 

8 described in subparagraph (E), creditable service by the 

9 affected individual in a position described in subparagraph 

10 (A)(i)(IV) shall be treated as creditable service in a cov11 ered position for purposes of this chapter and determining 

12 the amount to be deducted and withheld from the pay of 

13 the affected individual under section 8422. 

14 ‘‘(C) Subparagraph (B) shall only apply if the af15 fected employee transitions to a position described in sub16 paragraph (A)(i)(IV) without a break in service exceeding 

17 3 days. 

18 ‘‘(D) The service of an affected individual shall no 

19 longer be eligible for treatment under subparagraph (B) 

20 if such service occurs after the individual— 

21 ‘‘(i) is transferred to a supervisory or adminis22 trative position related to the activities of the former 

23 covered position of the individual; or 

24 ‘‘(ii) meets the age and service requirements 

25 that would subject the individual to mandatory sepaVerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256

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1 ration under section 8425 if such individual had re2 mained in the former covered position. 

3 ‘‘(E) In accordance with procedures established by 

4 the Director of the Office of Personnel Management, an 

5 affected individual may file an election to have any cred6 itable service performed by the affected individual treated 

7 in accordance with this chapter without regard to subpara8 graph (B). 

9 ‘‘(F) Nothing in this paragraph shall be construed 

10 to apply to such affected individual any other pay-related 

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

12 (2) TECHNICAL AND CONFORMING AMEND13 MENTS.— 

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

15 Code, is amended— 

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

17 ‘‘(1)’’ after ‘‘subsection (d)’’; 

18 (ii) in section 8415— 

19 (I) in subsection (e), in the mat20 ter preceding paragraph (1), by in21 serting ‘‘(1)’’ after ‘‘subsection (d)’’; 

22 and 

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

24 striking ‘‘(d)(2)’’ and inserting 

25 ‘‘(d)(1)(B)’’; 


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1 (iii) in section 8421(a)(1), by insert2 ing ‘‘(1)’’ after ‘‘(d)’’; 

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

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

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

6 after ‘‘section 8412(d)’’ each place it ap7 pears; and 

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

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

10 (B) Title VIII of the Foreign Service Act 

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

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

13 4045(d)(5)), by inserting ‘‘(1)’’ after ‘‘or 

14 8412(d)’’; and 

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

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

17 after ‘‘or 8412(d)’’. 

18 (c) CIA EMPLOYEES.—Section 302 of the Central In19 telligence Agency Retirement Act (50 U.S.C. 2152) is 

20 amended by adding at the end the following: 

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

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

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

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1 chapter II of chapter 84 of title 5, United 

2 States Code, who— 

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

4 designated under subsection (a); 

5 ‘‘(ii) while on duty in the position des6 ignated under subsection (a), becomes ill 

7 or is injured as a direct result of the per8 formance of such duties before the date on 

9 which the employee becomes entitled to an 

10 annuity under section 233 of this Act or 

11 section 8412(d)(1) of title 5, United States 

12 Code; 

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

14 described in clause (ii), is permanently un15 able to render useful and efficient service 

16 in the employee’s covered position, as de17 termined by the Director; and 

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

19 civil service that is not a covered position 

20 but is within the Agency; and 

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

22 position as— 

23 ‘‘(i) a law enforcement officer de24 scribed in section 8331(20) or 8401(17) of 

25 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.—Unless an affected employee files an elec23 tion described in paragraph (3), creditable service by 

24 the affected employee in a position described in 

25 paragraph (1)(A)(iv) shall be treated as creditable 


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1 service in a covered position for purposes of this Act 

2 and chapter 84 of title 5, United States Code, in3 cluding eligibility for an annuity under section 233 

4 of this Act or 8412(d)(1) of title 5, United States 

5 Code, and determining the amount to be deducted 

6 and withheld from the pay of the affected employee 

7 under section 8422 of title 5, United States Code. 

8 ‘‘(3) BREAK IN SERVICE.—Paragraph (2) shall 

9 only apply if the affected employee transitions to a 

10 position described in paragraph (1)(A)(iv) without a 

11 break in service exceeding 3 days. 

12 ‘‘(4) LIMITATION ON TREATMENT OF SERV13 ICE.—The service of an affected employee shall no 

14 longer be eligible for treatment under paragraph (2) 

15 if such service occurs after the employee is trans16 ferred to a supervisory or administrative position re17 lated to the activities of the former covered position 

18 of the employee. 

19 ‘‘(5) OPT OUT.—An affected employee may file 

20 an election to have any creditable service performed 

21 by the affected employee treated in accordance with 

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

23 regard to paragraph (2).’’. 

24 (d) FOREIGN SERVICE RETIREMENT AND DIS25 ABILITY SYSTEM.—Section 806(a)(6) of the Foreign ServVerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256

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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 on duty as a special agent, be9 comes ill or is injured as a direct result of the 

10 performance of such duties before the date on 

11 which the individual becomes entitled to an an12 nuity 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 in the em16 ployee’s covered position, as determined by the 

17 Secretary; and 

18 ‘‘(dd) is appointed to a position in the For19 eign Service that is not a covered position; and 

20 ‘‘(II) the term ‘covered position’ means a posi21 tion as— 

22 ‘‘(aa) a law enforcement officer described 

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

24 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) Unless an affected special agent files an election 

23 described in clause (iv), creditable service by the affected 

24 special agent in a position described in clause (i)(I)(dd) 

25 shall be treated as creditable service as a special agent 


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1 for purposes of this subchapter, including determining the 

2 amount to be deducted and withheld from the pay of the 

3 individual under section 805. 

4 ‘‘(iii) Clause (ii) shall only apply if the special agent 

5 transitions to a position described in clause (i)(I)(dd) 

6 without a break in service exceeding 3 days. 

7 ‘‘(iv) The service of an affected employee shall no 

8 longer be eligible for treatment under clause (ii) if such 

9 service occurs after the employee is transferred to a super10 visory or administrative position related to the activities 

11 of the former covered position of the employee. 

12 ‘‘(v) In accordance with procedures established by the 

13 Secretary, an affected special agent may file an election 

14 to have any creditable service performed by the affected 

15 special agent treated in accordance with this subchapter, 

16 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 

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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 employee or spe11 cial agent (as the case may be) incurred the applica12 ble illness or injury certifies that such illness or in13 jury— 

14 (A) was incurred in the course of the em15 ployee’s or special agent’s duties; and 

16 (B) permanently precludes the employee or 

17 special agent from rendering useful and effi18 cient service in the covered position but would 

19 not preclude the employee or special agent from 

20 continuing to serve in the Federal service. 

21 (5) AGENCY REAPPOINTMENT.—The regula22 tions promulgated to carry out the amendments 

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

24 extent possible, the head of each agency appoints af25 fected employees or special agents to supervisory or 


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1 administrative positions related to the activities of 

2 the former covered position of the employee or spe3 cial agent. 

4 (6) TREATMENT OF SERVICE.—The regulations 

5 promulgated to carry out the amendments made by 

6 this Act shall ensure that the creditable service of an 

7 affected employee or special agent (as the case may 

8 be) that is not in a covered position pursuant to an 

9 election made under such amendments shall be 

10 treated as the same type of service as the covered 

11 position in which the employee or agent suffered the 

12 qualifying illness or injury. 

13 (f) EFFECTIVE DATE; APPLICABILITY.—The amend14 ments made by this Act— 

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

16 of this Act; and 

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

18 illness or injury described in section 

19 8336(c)(3)(A)(i)(II) or section 8412(d)(2)(A)(i)(II) 

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

21 section, section 302(d)(1)(A)(ii) of the Central Intel22 ligence Agency Retirement Act, as amended by this 

23 section, or section 806(a)(6)(D)(i)(I)(bb) of the For24 eign Service Act of 1980, as amended by this secVerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256

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1 tion, on or after the date that is 2 years after the 

2 date of enactment of this Act. 

Æ 


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