‘‘(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 super-
visory or administrative position 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 regulations to carry 
out the amendments made by subsections (a) and 
(b). 
(2) CIA EMPLOYEES.—The Director of the 
Central Intelligence Agency shall promulgate regula-
tions to carry out the amendment made by sub-
section (c). 
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(3) FOREIGN SERVICE RETIREMENT AND DIS-
ABILITY SYSTEM.—The Secretary of State shall pro-
mulgate 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 spe-
cial agent (as the case may be) incurred the applica-
ble illness or injury certifies that such illness or in-
jury— 
(A) was incurred in the course of the em-
ployee’s or special agent’s duties; and 
(B) permanently precludes the employee or 
special agent from rendering useful and effi-
cient 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 regula-
tions promulgated to carry out the amendments 
made by this Act shall ensure that, to the greatest 
extent possible, the head of each agency appoints af-
fected employees or special agents to supervisory or 
administrative positions related to the activities of 
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the former covered position of the employee or spe-
cial 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 amend-
ments made by this Act— 
(1) shall take effect on the date of enactment 
of this Act; and 
(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 For-
eign Service Act of 1980, as amended by this sec-
tion, on or after the date that is 2 years after the 
date of enactment of this Act. 
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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 Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
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