```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1888 Reported in Senate (RS)]

<DOC>

                                                       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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary Separation Incentive 
Payment Adjustment Act of 2017''.

SEC. 2. VOLUNTARY SEPARATION INCENTIVE PAY INCREASE.

    (a) In General.--Section 3523 of title 5, United States Code, is 
amended--
            (1) in subsection (b)(3)(B), by striking ``$25,000'' and 
        inserting ``$40,000, as adjusted in accordance with subsection 
        (c)''; and
            (2) by adding at the end the following:
    ``(c) Consumer Price Index Adjustment.--
            ``(1) In general.--On March 1 of each year, the Director of 
        the Office of Personnel Management shall adjust the amount 
        under subsection (b)(3)(B) by the amount determined by the 
        Secretary of Labor to reflect the percentage increase between--
                    ``(A) the Consumer Price Index (all items; United 
                States city average) published for December of the 
                preceding year; and
                    ``(B) the Consumer Price Index (all items; United 
                States city average) published for December of the year 
                before the preceding year.
            ``(2) Rounding.--In making an adjustment under paragraph 
        (1), the Director of the Office of Personnel Management shall--
                    ``(A) round the percentage increase to the nearest 
                \1/10\ of 1 percent; and
                    ``(B) round the amount of the adjustment to the 
                nearest multiple of $1,000.''.
    (b) Department of Defense.--Section 9902(f)(5) of title 5, United 
States Code, is amended--
            (1) in subparagraph (A)(ii), by striking ``$25,000'' and 
        inserting ``an amount determined by the Secretary, not to 
        exceed $40,000, as adjusted in accordance with subparagraph 
        (D)''; and
            (2) by adding at the end the following:
            ``(D)(i) On March 1 of each year, the Secretary of Defense 
        shall adjust the amount under subparagraph (A)(ii) by the 
        amount determined by the Secretary of Labor to reflect the 
        percentage difference between--
                    ``(I) the Consumer Price Index (all items; United 
                States city average) published for December of the 
                preceding year; and
                    ``(II) the Consumer Price Index (all items; United 
                States city average) published for December of the year 
                before the preceding year.
            ``(ii) In making an adjustment under clause (i), the 
        Secretary of Defense shall--
                    ``(I) round the percentage increase to the nearest 
                \1/10\ of 1 percent; and
                    ``(II) round the amount of the adjustment to the 
                nearest multiple of $1,000.''.

SEC. 3. RETIREMENT-CREDITABLE BASIC PAY.

    (a) Definition of Basic Pay.--Clause (ii) of Section 8331(3)(E) of 
title 5, United States Code, is amended to read as follows:
                            ``(ii) received after September 11, 2001, 
                        by a Federal air marshal or criminal 
                        investigator (as defined in section 
                        5545a(a)(2)) of the Transportation Security 
                        Administration, subject to all restrictions and 
                        earning limitations imposed on criminal 
                        investigators receiving such pay under section 
                        5545a, including the premium pay limitations 
                        under section 5547;''.
    (b) Fair Labor Standards Act Exemption.--Section 13 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 213) is amended--
            (1) in subsection (a)(16)--
                    (A) by striking ``is paid'' and inserting ``is 
                entitled to''; and
                    (B) by inserting ``, or a Federal air marshal or 
                criminal investigator employed by the Administrator of 
                the Transportation Security Administration who is 
                entitled to availability pay as described in section 
                8331(3)(E)(ii) of such title (where entitlement is 
                determined before the application of any premium pay 
                limitation)'' before the semicolon; and
            (2) in subsection (b)(30)--
                    (A) by striking ``is paid'' and inserting ``is 
                entitled to''; and
                    (B) by inserting ``, or a Federal air marshal or 
                criminal investigator employed by the Administrator of 
                the Transportation Security Administration who is 
                entitled to availability pay as described in section 
                8331(3)(E)(ii) of such title (where entitlement is 
                determined before the application of any premium pay 
                limitation)'' before the period.
    (c) Effective Date; Applicability.--
            (1) In general.--Subject to paragraph (2), this section, 
        and the amendments made by this section, shall take effect on 
        the first day of the first pay period commencing on or after 
        the date of enactment of this Act.
            (2) Retroactive application.--
                    (A) In general.--Any availability pay received for 
                any pay period commencing before the date of enactment 
                of this Act by a Federal air marshal or criminal 
                investigator employed by the Transportation Security 
                Administration shall be deemed basic pay under section 
                8331(3) of title 5, United States Code, if the 
                Transportation Security Administration treated such pay 
                as retirement-creditable basic pay, but the Office of 
                Personnel Management, based on an interpretation of 
                section 8331(3) of title 5, United States Code, did not 
                accept such pay as retirement-creditable basic pay.
                    (B) Implementation.--Not later than 90 days after 
                the date of enactment of this Act, the Director of the 
                Office of Personnel Management shall commence taking 
                such actions as are necessary to implement the 
                amendments made by this section with respect to 
                availability pay deemed to be basic pay under 
                subparagraph (A).
                                                       Calendar No. 562

115th CONGRESS

  2d Session

                                S. 1888

                          [Report No. 115-330]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 4, 2018

                       Reported with an amendment
```