H. R. 521 
One Hundred Seventeenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Monday, 
the third day of January, two thousand and twenty-two 
An Act 
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. 
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 ‘‘First Responder Fair Return 
for Employees on Their Initial Retirement Earned Act’’ or the 
‘‘First Responder Fair RETIRE Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) it is in the best national and homeland security interests 
of the United States for Federal agencies to retain the special-
ized knowledge and experience of individuals who suffer an 
injury or illness while serving in a covered position (as defined 
under the amendments made by this Act); and 
(2) Federal agencies should ensure, to the greatest extent 
possible, that an individual who can no longer carry out the 
duties of a covered position, and is reappointed to a position 
in the civil service that is not a covered position, is reappointed 
within the same Federal agency, in the same geographic loca-
tion, and at a level of pay commensurate to the position which 
the individual held immediately prior to such injury or illness. 
SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES. 
(a) CSRS.—Section 8336(c) of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(3)(A) In this paragraph— 
‘‘(i) the term ‘affected individual’ means an individual cov-
ered under this subchapter who— 
‘‘(I) is performing service in a covered position; 
‘‘(II) while on duty, becomes ill or is injured as a 
direct result of the performance of such duties before the 
date on which the individual becomes entitled to an annuity 
under paragraph (1) of this subsection or subsection (e), 
(m), or (n), as applicable; 
‘‘(III) because of the illness or injury described in sub-
clause (II), is permanently unable to render useful and
H. R. 521—2 
efficient service in the employee’s covered position, as deter-
mined by the agency in which the individual was serving 
when such individual incurred the illness or injury; and 
‘‘(IV) is appointed to a position in the civil service 
that— 
‘‘(aa) is not a covered position; and 
‘‘(bb) is within an agency that regularly appoints 
individuals to supervisory or administrative positions 
related to the activities of the former covered position 
of the individual; 
‘‘(ii) the term ‘covered position’ means a position as a law 
enforcement officer, customs and border protection officer, fire-
fighter, air traffic controller, nuclear materials courier, member 
of the Capitol Police, or member of the Supreme Court Police. 
‘‘(B) Unless an affected individual files an election described 
in subparagraph (E), creditable service by the affected individual 
in a position described in subparagraph (A)(i)(IV) shall be treated 
as creditable service in a covered position for purposes of this 
chapter and determining the amount to be deducted and withheld 
from the pay of the affected individual under section 8334. 
‘‘(C) Subparagraph (B) shall only apply if the affected employee 
transitions to a position described in subparagraph (A)(i)(IV) with-
out a break in service exceeding 3 days. 
‘‘(D) The service of an affected individual shall no longer be 
eligible for treatment under subparagraph (B) if such service occurs 
after the individual— 
‘‘(i) is transferred to a supervisory or administrative posi-
tion related to the activities of the former covered position 
of the individual; or 
‘‘(ii) meets the age and service requirements that would 
subject the individual to mandatory separation under section 
8335 if such individual had remained in the former covered 
position. 
‘‘(E) In accordance with procedures established by the Director 
of the Office of Personnel Management, an affected individual may 
file an election to have any creditable service performed by the 
affected individual treated in accordance with this chapter without 
regard to subparagraph (B). 
‘‘(F) Nothing in this paragraph shall be construed to apply 
to such affected individual any other pay-related laws or regulations 
applicable to a covered position.’’. 
(b) FERS.— 
(1) IN GENERAL.—Section 8412(d) of title 5, United States 
Code, is amended— 
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(B) by inserting ‘‘(1)’’ before ‘‘An employee’’; and 
(C) by adding at the end the following: 
‘‘(2)(A) In this paragraph— 
‘‘(i) the term ‘affected individual’ means an individual cov-
ered under this chapter who— 
‘‘(I) is performing service in a covered position; 
‘‘(II) while on duty, becomes ill or is injured as a 
direct result of the performance of such duties before the 
date on which the individual becomes entitled to an annuity 
under paragraph (1) of this subsection or subsection (e), 
as applicable;
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‘‘(III) because of the illness or injury described in sub-
clause (II), is permanently unable to render useful and 
efficient service in the employee’s covered position, as deter-
mined by the agency in which the individual was serving 
when such individual incurred the illness or injury; and 
‘‘(IV) is appointed to a position in the civil service 
that— 
‘‘(aa) is not a covered position; and 
‘‘(bb) is within an agency that regularly appoints 
individuals to supervisory or administrative positions 
related to the activities of the former covered position 
of the individual; 
‘‘(ii) the term ‘covered position’ means a position as a law 
enforcement officer, customs and border protection officer, fire-
fighter, air traffic controller, nuclear materials courier, member 
of the Capitol Police, or member of the Supreme Court Police. 
‘‘(B) Unless an affected individual files an election described 
in subparagraph (E), creditable service by the affected individual 
in a position described in subparagraph (A)(i)(IV) shall be treated 
as creditable service in a covered position for purposes of this 
chapter and determining the amount to be deducted and withheld 
from the pay of the affected individual under section 8422. 
‘‘(C) Subparagraph (B) shall only apply if the affected employee 
transitions to a position described in subparagraph (A)(i)(IV) with-
out a break in service exceeding 3 days. 
‘‘(D) The service of an affected individual shall no longer be 
eligible for treatment under subparagraph (B) if such service occurs 
after the individual— 
‘‘(i) is transferred to a supervisory or administrative posi-
tion related to the activities of the former covered position 
of the individual; or 
‘‘(ii) meets the age and service requirements that would 
subject the individual to mandatory separation under section 
8425 if such individual had remained in the former covered 
position. 
‘‘(E) In accordance with procedures established by the Director 
of the Office of Personnel Management, an affected individual may 
file an election to have any creditable service performed by the 
affected individual treated in accordance with this chapter without 
regard to subparagraph (B). 
‘‘(F) Nothing in this paragraph shall be construed to apply 
to such affected individual any other pay-related laws or regulations 
applicable to a covered position.’’. 
(2) TECHNICAL AND CONFORMING AMENDMENTS.— 
(A) Chapter 84 of title 5, United States Code, is 
amended— 
(i) in section 8414(b)(3), by inserting ‘‘(1)’’ after 
‘‘subsection (d)’’; 
(ii) in section 8415— 
(I) in subsection (e), in the matter preceding 
paragraph (1), by inserting ‘‘(1)’’ after ‘‘subsection 
(d)’’; and 
(II) in subsection (h)(2)(A), by striking ‘‘(d)(2)’’ 
and inserting ‘‘(d)(1)(B)’’; 
(iii) in section 8421(a)(1), by inserting ‘‘(1)’’ after 
‘‘(d)’’;
H. R. 521—4 
(iv) in section 8421a(b)(4)(B)(ii), by inserting ‘‘(1)’’ 
after ‘‘section 8412(d)’’; 
(v) in section 8425, by inserting ‘‘(1)’’ after ‘‘section 
8412(d)’’ each place it appears; and 
(vi) in section 8462(c)(3)(B)(ii), by inserting ‘‘(1)’’ 
after ‘‘subsection (d)’’. 
(B) Title VIII of the Foreign Service Act of 1980 (22 
U.S.C. 4041 et seq.) is amended— 
(i) in section 805(d)(5) (22 U.S.C. 4045(d)(5)), by 
inserting ‘‘(1)’’ after ‘‘or 8412(d)’’; and 
(ii) in section 812(a)(2)(B) (22 U.S.C. 4052(a)(2)(B)), 
by inserting ‘‘(1)’’ after ‘‘or 8412(d)’’. 
(c) CIA EMPLOYEES.—Section 302 of the Central Intelligence 
Agency Retirement Act (50 U.S.C. 2152) is amended by adding 
at the end the following: 
‘‘(d) EMPLOYEES DISABLED ON DUTY.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘affected employee’ means an employee 
of the Agency covered under subchapter II of chapter 84 
of title 5, United States Code, who— 
‘‘(i) is performing service in a position designated 
under subsection (a); 
‘‘(ii) while on duty in the position designated under 
subsection (a), becomes ill or is injured as a direct 
result of the performance of such duties before the 
date on which the employee becomes entitled to an 
annuity under section 233 of this Act or section 
8412(d)(1) of title 5, United States Code; 
‘‘(iii) because of the illness or injury described in 
clause (ii), is permanently unable to render useful and 
efficient service in the employee’s covered position, as 
determined by the Director; and 
‘‘(iv) is appointed to a position in the civil service 
that is not a covered position but is within the Agency; 
and 
‘‘(B) the term ‘covered position’ means a position as— 
‘‘(i) a law enforcement officer described in section 
8331(20) or 8401(17) of title 5, United States Code; 
‘‘(ii) a customs and border protection officer 
described in section 8331(31) or 8401(36) of title 5, 
United States Code; 
‘‘(iii) a firefighter described in section 8331(21) or 
8401(14) of title 5, United States Code; 
‘‘(iv) an air traffic controller described in section 
8331(30) or 8401(35) of title 5, United States Code; 
‘‘(v) a nuclear materials courier described in section 
8331(27) or 8401(33) of title 5, United States Code; 
‘‘(vi) a member of the United States Capitol Police; 
‘‘(vii) a member of the Supreme Court Police; 
‘‘(viii) an affected employee; or 
‘‘(ix) a special agent described in section 804(15) 
of the Foreign Service Act of 1980 (22 U.S.C. 4044(15)). 
‘‘(2) TREATMENT OF SERVICE AFTER DISABILITY.—Unless an 
affected employee files an election described in paragraph (3), 
creditable service by the affected employee in a position 
described in paragraph (1)(A)(iv) shall be treated as creditable 
service in a covered position for purposes of this Act and chapter
H. R. 521—5 
84 of title 5, United States Code, including eligibility for an 
annuity under section 233 of this Act or 8412(d)(1) of title 
5, United States Code, and determining the amount to be 
deducted and withheld from the pay of the affected employee 
under section 8422 of title 5, United States Code. 
‘‘(3) BREAK IN SERVICE.—Paragraph (2) shall only apply 
if the affected employee transitions to a position described 
in paragraph (1)(A)(iv) without a break in service exceeding 
3 days. 
‘‘(4) LIMITATION ON TREATMENT OF SERVICE.—The service 
of an affected employee shall no longer be eligible for treatment 
under paragraph (2) if such service occurs after the employee 
is transferred to a supervisory or administrative position related 
to the activities of the former covered position of the employee. 
‘‘(5) OPT OUT.—An affected employee may file an election 
to have any creditable service performed by the affected 
employee treated in accordance with chapter 84 of title 5, 
United States Code, without regard to paragraph (2).’’. 
(d) FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM.— 
Section 806(a)(6) of the Foreign Service Act of 1980 (22 U.S.C. 
4046(a)(6)) is amended by adding at the end the following: 
‘‘(D)(i) In this subparagraph— 
‘‘(I) the term ‘affected special agent’ means an individual 
covered under this subchapter who— 
‘‘(aa) is performing service as a special agent; 
‘‘(bb) while on duty as a special agent, becomes ill 
or is injured as a direct result of the performance of such 
duties before the date on which the individual becomes 
entitled to an annuity under section 811; 
‘‘(cc) because of the illness or injury described in item 
(bb), is permanently unable to render useful and efficient 
service in the employee’s covered position, as determined 
by the Secretary; and 
‘‘(dd) is appointed to a position in the Foreign Service 
that is not a covered position; and 
‘‘(II) the term ‘covered position’ means a position as— 
‘‘(aa) a law enforcement officer described in section 
8331(20) or 8401(17) of title 5, United States Code; 
‘‘(bb) a customs and border protection officer described 
in section 8331(31) or 8401(36) of title 5, United States 
Code; 
‘‘(cc) a firefighter described in section 8331(21) or 
8401(14) of title 5, United States Code; 
‘‘(dd) an air traffic controller described in section 
8331(30) or 8401(35) of title 5, United States Code; 
‘‘(ee) a nuclear materials courier described in section 
8331(27) or 8401(33) of title 5, United States Code; 
‘‘(ff) a member of the United States Capitol Police; 
‘‘(gg) a member of the Supreme Court Police; 
‘‘(hh) an employee of the Agency designated under 
section 302(a) of the Central Intelligence Agency Retire-
ment Act (50 U.S.C. 2152(a)); or 
‘‘(ii) a special agent. 
‘‘(ii) Unless an affected special agent files an election described 
in clause (iv), creditable service by the affected special agent in 
a position described in clause (i)(I)(dd) shall be treated as creditable 
service as a special agent for purposes of this subchapter, including
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determining the amount to be deducted and withheld from the 
pay of the individual under section 805. 
‘‘(iii) Clause (ii) shall only apply if the special agent transitions 
to a position described in clause (i)(I)(dd) without a break in service 
exceeding 3 days. 
‘‘(iv) The service of an affected employee shall no longer be 
eligible for treatment under clause (ii) if such service occurs after 
the employee is transferred to a supervisory or administrative posi-
tion related to the activities of the former covered position of the 
employee. 
‘‘(v) In accordance with procedures established by the Secretary, 
an affected special agent may file an election to have any creditable 
service performed by the affected special agent treated in accordance 
with this subchapter, without regard to clause (ii).’’. 
(e) IMPLEMENTATION.— 
(1) OFFICE OF PERSONNEL MANAGEMENT.—Not later than 
1 year after the date of enactment of this Act, the Director 
of the Office of Personnel Management shall promulgate regula-
tions to carry out the amendments made by subsections (a) 
and (b). 
(2) CIA EMPLOYEES.—The Director of the Central Intel-
ligence Agency shall promulgate regulations to carry out the 
amendment made by subsection (c). 
(3) FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM.— 
The Secretary of State shall promulgate regulations to carry 
out the amendment made by subsection (d). 
(4) AGENCY CERTIFICATION.—The regulations promulgated 
to carry out the amendments made by this Act shall include 
a requirement that the head of the agency at which an affected 
employee or special agent (as the case may be) incurred the 
applicable illness or injury certifies that such illness or injury— 
(A) was incurred in the course of the employee’s or 
special agent’s duties; and 
(B) permanently precludes the employee or special 
agent from rendering useful and efficient service in the 
covered position but would not preclude the employee or 
special agent from continuing to serve in the Federal 
service. 
(5) AGENCY REAPPOINTMENT.—The regulations promulgated 
to carry out the amendments made by this Act shall ensure 
that, to the greatest extent possible, the head of each agency 
appoints affected employees or special agents to supervisory 
or administrative positions related to the activities of the former 
covered position of the employee or special agent. 
(6) TREATMENT OF SERVICE.—The regulations promulgated 
to carry out the amendments made by this Act shall ensure 
that the creditable service of an affected employee or special 
agent (as the case may be) that is not in a covered position 
pursuant to an election made under such amendments shall 
be treated as the same type of service as the covered position 
in which the employee or agent suffered the qualifying illness 
or injury. 
(f) EFFECTIVE DATE; APPLICABILITY.—The amendments made 
by this Act— 
(1) shall take effect on the date of enactment of this Act; 
and
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(2) shall apply to an individual who suffers an illness 
or injury described in section 8336(c)(3)(A)(i)(II) or section 
8412(d)(2)(A)(i)(II) of title 5, United States Code, as amended 
by this section, section 302(d)(1)(A)(ii) of the Central Intel-
ligence Agency Retirement Act, as amended by this section, 
or section 806(a)(6)(D)(i)(I)(bb) of the Foreign Service Act of 
1980, as amended by this section, on or after the date that 
is 2 years after the date of enactment of this Act. 
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the 
Congressional Record by the Chairman of the House Budget Com-
mittee, provided that such statement has been submitted prior 
to the vote on passage. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.