II 

Calendar No. 370 

117TH CONGRESS 

2D SESSION S. 407 

[Report No. 117–113] 

To provide redress to the employees of Air America. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2021 

Mr. RUBIO (for himself, Mr. WARNER, Mrs. GILLIBRAND, Mrs. SHAHEEN, 

Mrs. FEINSTEIN, Mrs. MURRAY, Mr. CORNYN, Ms. ROSEN, Ms. KLOBUCHAR, Mr. BRAUN, Mr. MENENDEZ, Mr. CARDIN, Mr. ROUNDS, Mr. 

CASEY, Mr. VAN HOLLEN, Mr. SCHUMER, Ms. SMITH, Mr. BOOKER, Ms. 

HIRONO, Mr. CASSIDY, Mr. HAWLEY, Ms. SINEMA, Mr. MANCHIN, Mr. 

DURBIN, Ms. CORTEZ MASTO, Ms. BALDWIN, Mr. TESTER, Mr. COTTON, 

Mr. PADILLA, Ms. HASSAN, Mr. KELLY, Ms. DUCKWORTH, Mr. 

BLUMENTHAL, and Mr. DAINES) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

MAY 19 (legislative day, MAY 17), 2022 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide redress to the employees of Air America. 

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 ‘‘Air America Act of 

3 2021’’. 

4 SEC. 2. AIR AMERICA. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) Air America, Incorporated (referred to in 

7 this section as ‘‘Air America’’) and its related cover 

8 corporate entities were wholly owned and controlled 

9 by the United States Government and directed and 

10 managed by the Department of Defense, the Depart11 ment of State, and the Central Intelligence Agency 

12 from 1950 to 1976. 

13 (2) Air America, a corporation owned by the 

14 Government of the United States, constituted a 

15 ‘‘Government corporation’’, as defined in section 103 

16 of title 5, United States Code. 

17 (3) It is established that the employees of Air 

18 America and the other entities described in para19 graph (1) were Federal employees. 

20 (4) The employees of Air America were retro21 actively excluded from the definition of the term 

22 ‘‘employee’’ under section 2105 of title 5, United 

23 States Code, on the basis of an administrative policy 

24 change in paperwork requirements implemented by 

25 the Office of Personnel Management 10 years after 

26 the service of the employees had ended and, by exVerDate Sep 11 2014 23:56 May 19, 2022 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S407.RS S407

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1 tension, were retroactively excluded from the defini2 tion of the term ‘‘employee’’ under section 8331 of 

3 title 5, United States Code, for retirement credit 

4 purposes. 

5 (5) The employees of Air America were paid as 

6 Federal employees, with salaries subject to— 

7 (A) the General Schedule under subchapter 

8 III of chapter 53 of title 5, United States Code; 

9 and 

10 (B) the rates of basic pay payable to mem11 bers of the Armed Forces. 

12 (6) The service and sacrifice of the employees 

13 of Air America included— 

14 (A) suffering a high rate of casualties in 

15 the course of employment; 

16 (B) saving thousands of lives in search and 

17 rescue missions for downed United States air18 men and allied refugee evacuations; and 

19 (C) lengthy periods of service in chal20 lenging circumstances abroad. 

21 (b) DEFINITIONS.—In this section— 

22 (1) the term ‘‘affiliated company’’, with respect 

23 to Air America, includes Air Asia Company Limited, 

24 CAT Incorporated, Civil Air Transport Company 


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1 Limited, and the Pacific Division of Southern Air 

2 Transport; and 

3 (2) the term ‘‘qualifying service’’ means service 

4 that— 

5 (A) was performed by a United States cit6 izen as an employee of Air America or an affili7 ated company during the period beginning on 

8 January 1, 1950, and ending on December 31, 

9 1976; and 

10 (B) is documented in the attorney-certified 

11 corporate records of Air America or any affili12 ated company. 

13 (c) TREATMENT AS FEDERAL EMPLOYMENT.—Any 

14 period of qualifying service— 

15 (1) is deemed to have been service of an em16 ployee (as defined in section 2105 of title 5, United 

17 States Code) with the Federal Government; and 

18 (2) shall be treated as creditable service by an 

19 employee for purposes of subchapter III of chapter 

20 83 of title 5, United States Code. 

21 (d) RIGHTS.—An individual who performed quali22 fying service, or a survivor of such an individual, shall be 

23 entitled to the rights, retroactive as applicable, provided 

24 to employees and their survivors for creditable service 

25 under the Civil Service Retirement System under subVerDate Sep 11 2014 23:56 May 19, 2022 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S407.RS S407

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1 chapter III of chapter 83 of title 5, United States Code, 

2 with respect to that qualifying service. 

3 (e) DEDUCTION, CONTRIBUTION, AND DEPOSIT RE4 QUIREMENTS.—The deposit of funds in the Treasury of 

5 the United States made by Air America in the form of 

6 a lump-sum payment apportioned in part to the Civil Serv7 ice Disability & Retirement Fund in 1976 is deemed to 

8 satisfy the deduction, contribution, and deposit require9 ments under section 8334 of title 5, United States Code, 

10 with respect to all periods of qualifying service. 

11 (f) APPLICATION TIME LIMIT.—Section 8345(i)(2) of 

12 title 5, United States Code, shall be applied with respect 

13 to the death of an individual who performed qualifying 

14 service by substituting ‘‘2 years after the effective date 

15 under section 2(g) of the Air America Act of 2021’’ for 

16 ‘‘30 years after the death or other event which gives rise 

17 to title to the benefit’’. 

18 (g) EFFECTIVE DATE.—This section shall take effect 

19 on the date that is 30 days after the date of enactment 

20 of this Act. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Air America Act of 

23 2022’’. 

24 SEC. 2. AIR AMERICA. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) Air America, Incorporated (referred to in 

2 this section as ‘‘Air America’’) and its related cover 

3 corporate entities were wholly owned and controlled 

4 by the United States Government and directed and 

5 managed by the Department of Defense, the Depart6 ment of State, and the Central Intelligence Agency 

7 from 1950 to 1976. 

8 (2) Air America, a corporation owned by the 

9 Government of the United States, constituted a ‘‘Gov10 ernment corporation’’, as defined in section 103 of 

11 title 5, United States Code. 

12 (3) The service and sacrifice of the employees of 

13 Air America included— 

14 (A) suffering a high rate of casualties in the 

15 course of employment; 

16 (B) saving thousands of lives in search and 

17 rescue missions for downed United States airmen 

18 and allied refugee evacuations; and 

19 (C) lengthy periods of service in challenging 

20 circumstances abroad. 

21 (b) DEFINITIONS.—In this section— 

22 (1) the term ‘‘affiliated company’’, with respect 

23 to Air America, includes Air Asia Company Limited, 

24 CAT Incorporated, Civil Air Transport Company 


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1 Limited, and the Pacific Division of Southern Air 

2 Transport; 

3 (2) the term ‘‘qualifying service’’ means service 

4 that— 

5 (A) was performed by a United States cit6 izen as an employee of Air America or an affili7 ated company during the period beginning on 

8 January 1, 1950, and ending on December 31, 

9 1976; and 

10 (B) is documented in the attorney-certified 

11 corporate records of Air America or any affili12 ated company; 

13 (3) the term ‘‘survivor’’, with respect to an indi14 vidual who performed qualifying service, means— 

15 (A) a widow or widower of the individual 

16 who performed qualifying service; or 

17 (B) an individual who, at any time during 

18 or since the period of qualifying service, was a 

19 dependent or child of the individual who per20 formed qualifying service; and 

21 (4) the terms ‘‘widow’’, ‘‘widower’’, ‘‘dependent’’, 

22 and ‘‘child’’ have the meanings given those terms in 

23 section 8341(a) of title 5, United States Code, except 

24 that that section shall be applied by substituting ‘‘inVerDate Sep 11 2014 23:56 May 19, 2022 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S407.RS S407

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1 dividual who performed qualifying service’’ for ‘‘em2 ployee or Member’’. 

3 (c) CREDITABLE SERVICE.—Any period of qualifying 

4 service shall be treated as creditable service for purposes of 

5 subchapter III of chapter 83 of title 5, United States Code. 

6 (d) RIGHTS.— 

7 (1) IN GENERAL.—An individual who performed 

8 qualifying service or a survivor of such an indi9 vidual— 

10 (A) shall be entitled to the rights, retro11 active as applicable, provided to employees and 

12 their survivors for creditable service under the 

13 Civil Service Retirement System under sub14 chapter III of chapter 83 of title 5, United States 

15 Code, with respect to that qualifying service; and 

16 (B) may submit an application for benefits 

17 based on the qualifying service to the Office of 

18 Personnel Management not later than 2 years 

19 after the effective date under section 2(g) of this 

20 Act. 

21 (2) INDIVIDUALS DECEASED BEFORE DATE OF

22 ENACTMENT.—A survivor of an individual who per23 formed qualifying service and became eligible, by rea24 son of this Act, for benefits based on the qualifying 

25 service under subchapter III of chapter 83 of title 5, 


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1 United States Code (but became deceased before the 

2 date of enactment of this Act)— 

3 (A) may submit an application for benefits 

4 based on the qualifying service to the Office of 

5 Personnel Management not later than 2 years 

6 after the effective date under section 2(g) of this 

7 Act, disregarding any requirement that an em8 ployee have filed an application while living; 

9 and 

10 (B) upon submission of the application 

11 under subparagraph (A), shall be eligible for a 

12 survivor annuity under section 8341 of title 5, 

13 United States Code, equal to 55 percent (or 50 

14 percent if the deceased individual retired before 

15 October 11, 1962) of the self-only annuity (as de16 fined in section 838.103 of title 5, Code of Fed17 eral Regulations (or any successor regulation)) 

18 that otherwise would have been paid to the de19 ceased individual. 

20 (e) DEDUCTION, CONTRIBUTION, AND DEPOSIT RE21 QUIREMENTS.—The deposit of funds in the Treasury of the 

22 United States made by Air America in the form of a lump23 sum payment apportioned in part to the Civil Service Dis24 ability and Retirement Fund in 1976 is deemed to satisfy 

25 the deduction, contribution, and deposit requirements under 


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1 section 8334 of title 5, United States Code, with respect to 

2 all periods of qualifying service. 

3 (f) RULE OF CONSTRUCTION.—Nothing in this Act 

4 shall be construed to set any type of precedent for purposes 

5 of civil service retirement credit with the Civil Service Re6 tirement and Disability Fund or any successor fund. 

7 (g) EFFECTIVE DATE.—This Act shall take effect on 

8 the date that is 30 days after the date of enactment of this 

9 Act. 


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Calendar No. 370 

117TH CONGRESS 

2D SESSION S. 407 

[Report No. 117–113] 

A BILL 

To provide redress to the employees of Air America. 

MAY 19 (legislative day, MAY 17), 2022 

Reported with an amendment 


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