II 

Calendar No. 562 

115TH CONGRESS 

2D SESSION S. 1888 

[Report No. 115–330] 

To amend title 5, United States Code, to increase the maximum amount 

of a Voluntary Separation Incentive Payment and to include an annual 

adjustment in accordance with the Consumer Price Index. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2017 

Mr. LANKFORD introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

SEPTEMBER 4, 2018 

Reported by Mr. JOHNSON, with an amendment 

[Insert the part printed in italic] 

A BILL 

To amend title 5, United States Code, to increase the maximum amount of a Voluntary Separation Incentive Payment and to include an annual adjustment in accordance 

with the Consumer Price Index. 

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


daltland on DSKBBV9HB2PROD with BILLS
2 

•S 1888 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Voluntary Separation 

3 Incentive Payment Adjustment Act of 2017’’. 

4 SEC. 2. VOLUNTARY SEPARATION INCENTIVE PAY IN5 CREASE. 

6 (a) IN GENERAL.—Section 3523 of title 5, United 

7 States Code, is amended— 

8 (1) in subsection (b)(3)(B), by striking 

9 ‘‘$25,000’’ and inserting ‘‘$40,000, as adjusted in 

10 accordance with subsection (c)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(c) CONSUMER PRICE INDEX ADJUSTMENT.— 

13 ‘‘(1) IN GENERAL.—On March 1 of each year, 

14 the Director of the Office of Personnel Management 

15 shall adjust the amount under subsection (b)(3)(B) 

16 by the amount determined by the Secretary of Labor 

17 to reflect the percentage increase between— 

18 ‘‘(A) the Consumer Price Index (all items; 

19 United States city average) published for De20 cember of the preceding year; and 

21 ‘‘(B) the Consumer Price Index (all items; 

22 United States city average) published for De23 cember of the year before the preceding year. 

24 ‘‘(2) ROUNDING.—In making an adjustment 

25 under paragraph (1), the Director of the Office of 

26 Personnel Management shall— 


daltland on DSKBBV9HB2PROD with BILLS
3 

•S 1888 RS

1 ‘‘(A) round the percentage increase to the 

nearest 1 2 ⁄10 of 1 percent; and 

3 ‘‘(B) round the amount of the adjustment 

4 to the nearest multiple of $1,000.’’. 

5 (b) DEPARTMENT OF DEFENSE.—Section 9902(f)(5) 

6 of title 5, United States Code, is amended— 

7 (1) in subparagraph (A)(ii), by striking 

8 ‘‘$25,000’’ and inserting ‘‘an amount determined by 

9 the Secretary, not to exceed $40,000, as adjusted in 

10 accordance with subparagraph (D)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(D)(i) On March 1 of each year, the Secretary 

13 of Defense shall adjust the amount under subpara14 graph (A)(ii) by the amount determined by the Sec15 retary of Labor to reflect the percentage difference 

16 between— 

17 ‘‘(I) the Consumer Price Index (all items; 

18 United States city average) published for De19 cember of the preceding year; and 

20 ‘‘(II) the Consumer Price Index (all items; 

21 United States city average) published for De22 cember of the year before the preceding year. 

23 ‘‘(ii) In making an adjustment under clause (i), 

24 the Secretary of Defense shall— 


daltland on DSKBBV9HB2PROD with BILLS
4 

•S 1888 RS

1 ‘‘(I) round the percentage increase to the 

nearest 1 2 ⁄10 of 1 percent; and 

3 ‘‘(II) round the amount of the adjustment 

4 to the nearest multiple of $1,000.’’. 

5 SEC. 3. RETIREMENT-CREDITABLE BASIC PAY. 

6 (a) DEFINITION OF BASIC PAY.—Clause (ii) of Section 

7 8331(3)(E) of title 5, United States Code, is amended to 

8 read as follows: 

9 ‘‘(ii) received after September 11, 2001, 

10 by a Federal air marshal or criminal inves11 tigator (as defined in section 5545a(a)(2)) 

12 of the Transportation Security Administra13 tion, subject to all restrictions and earning 

14 limitations imposed on criminal investiga15 tors receiving such pay under section 5545a, 

16 including the premium pay limitations 

17 under section 5547;’’. 

18 (b) FAIR LABOR STANDARDS ACT EXEMPTION.—Sec19 tion 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

20 213) is amended— 

21 (1) in subsection (a)(16)— 

22 (A) by striking ‘‘is paid’’ and inserting ‘‘is 

23 entitled to’’; and 

24 (B) by inserting ‘‘, or a Federal air mar25 shal or criminal investigator employed by the 


daltland on DSKBBV9HB2PROD with BILLS
5 

•S 1888 RS

1 Administrator of the Transportation Security 

2 Administration who is entitled to availability 

3 pay as described in section 8331(3)(E)(ii) of 

4 such title (where entitlement is determined before 

5 the application of any premium pay limita6 tion)’’ before the semicolon; and 

7 (2) in subsection (b)(30)— 

8 (A) by striking ‘‘is paid’’ and inserting ‘‘is 

9 entitled to’’; and 

10 (B) by inserting ‘‘, or a Federal air mar11 shal or criminal investigator employed by the 

12 Administrator of the Transportation Security 

13 Administration who is entitled to availability 

14 pay as described in section 8331(3)(E)(ii) of 

15 such title (where entitlement is determined before 

16 the application of any premium pay limita17 tion)’’ before the period. 

18 (c) EFFECTIVE DATE; APPLICABILITY.— 

19 (1) IN GENERAL.—Subject to paragraph (2), this 

20 section, and the amendments made by this section, 

21 shall take effect on the first day of the first pay period 

22 commencing on or after the date of enactment of this 

23 Act. 

24 (2) RETROACTIVE APPLICATION.— 


daltland on DSKBBV9HB2PROD with BILLS
6 

•S 1888 RS

1 (A) IN GENERAL.—Any availability pay re2 ceived for any pay period commencing before the 

3 date of enactment of this Act by a Federal air 

4 marshal or criminal investigator employed by 

5 the Transportation Security Administration 

6 shall be deemed basic pay under section 8331(3) 

7 of title 5, United States Code, if the Transpor8 tation Security Administration treated such pay 

9 as retirement-creditable basic pay, but the Office 

10 of Personnel Management, based on an interpre11 tation of section 8331(3) of title 5, United States 

12 Code, did not accept such pay as retirement13 creditable basic pay. 

14 (B) IMPLEMENTATION.—Not later than 90 

15 days after the date of enactment of this Act, the 

16 Director of the Office of Personnel Management 

17 shall commence taking such actions as are nec18 essary to implement the amendments made by 

19 this section with respect to availability pay 

20 deemed to be basic pay under subparagraph (A). 


daltland on DSKBBV9HB2PROD with BILLS

daltland on DSKBBV9HB2PROD with BILLS
Calendar No. 562 

115TH CONGRESS 

2D SESSION S. 1888 

[Report No. 115–330] 

A BILL 

To amend title 5, United States Code, to increase 

Index. justment in accordance with the Consumer Price Incentive Payment and to include an annual adthe maximum amount of a Voluntary Separation 

SEPTEMBER 4, 2018 

Reported with an amendment 


daltland on DSKBBV9HB2PROD with BILLS