II 
Calendar No. 515 
117TH CONGRESS 
2D SESSION 
H. R. 521 
[Report No. 117–173] 
IN THE SENATE OF THE UNITED STATES 
JULY 13, 2022 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
SEPTEMBER 28, 2022 
Reported by Mr. PETERS, without amendment 
AN ACT 
To permit disabled law enforcement officers, customs and 
border protection officers, firefighters, air traffic control-
lers, 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 require-
ments, and diplomatic security special agents of the De-
partment 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 Representa-
tives of the United States of America in Congress assembled, 
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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 se-
curity interests of the United States for Federal 
agencies to retain the specialized knowledge and ex-
perience 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 lo-
cation, 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— 
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‘‘(i) the term ‘affected individual’ means an in-
dividual covered under this subchapter who— 
‘‘(I) is performing service in a covered po-
sition; 
‘‘(II) while on duty, becomes ill or is in-
jured as a direct result of the performance of 
such duties before the date on which the indi-
vidual 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 de-
scribed in subclause (II), is permanently unable 
to render useful and efficient service in the em-
ployee’s covered position, as determined by the 
agency in which the individual was serving 
when such individual incurred the illness or in-
jury; 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 regu-
larly appoints individuals to supervisory or 
administrative positions related to the ac-
tivities of the former covered position of 
the individual; 
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‘‘(ii) the term ‘covered position’ means a posi-
tion as a law enforcement officer, customs and bor-
der protection officer, firefighter, air traffic con-
troller, nuclear materials courier, member of the 
Capitol Police, or member of the Supreme Court Po-
lice. 
‘‘(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 cov-
ered 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 af-
fected employee transitions to a position described in sub-
paragraph (A)(i)(IV) without 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 adminis-
trative position 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 sepa-
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ration under section 8335 if such individual had re-
mained 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 cred-
itable service performed by the affected individual treated 
in accordance with this chapter without regard to subpara-
graph (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 subparagraphs (A) and (B), respectively; 
(B) by inserting ‘‘(1)’’ before ‘‘An em-
ployee’’; and 
(C) by adding at the end the following: 
‘‘(2)(A) In this paragraph— 
‘‘(i) the term ‘affected individual’ means an in-
dividual covered under this chapter who— 
‘‘(I) is performing service in a covered po-
sition; 
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‘‘(II) while on duty, becomes ill or is in-
jured as a direct result of the performance of 
such duties before the date on which the indi-
vidual becomes entitled to an annuity under 
paragraph (1) of this subsection or subsection 
(e), as applicable; 
‘‘(III) because of the illness or injury de-
scribed in subclause (II), is permanently unable 
to render useful and efficient service in the em-
ployee’s covered position, as determined by the 
agency in which the individual was serving 
when such individual incurred the illness or in-
jury; 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 regu-
larly appoints individuals to supervisory or 
administrative positions related to the ac-
tivities of the former covered position of 
the individual; 
‘‘(ii) the term ‘covered position’ means a posi-
tion as a law enforcement officer, customs and bor-
der protection officer, firefighter, air traffic con-
troller, nuclear materials courier, member of the 
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Capitol Police, or member of the Supreme Court Po-
lice. 
‘‘(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 cov-
ered 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 af-
fected employee transitions to a position described in sub-
paragraph (A)(i)(IV) without 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 adminis-
trative position 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 sepa-
ration under section 8425 if such individual had re-
mained in the former covered position. 
‘‘(E) In accordance with procedures established by 
the Director of the Office of Personnel Management, an 
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(v) in section 8425, by inserting ‘‘(1)’’ 
after ‘‘section 8412(d)’’ each place it ap-
pears; 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 In-
telligence 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 sub-
chapter II of chapter 84 of title 5, United 
States Code, who— 
‘‘(i) is performing service in a position 
designated under subsection (a); 
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‘‘(ii) while on duty in the position des-
ignated under subsection (a), becomes ill 
or is injured as a direct result of the per-
formance 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 un-
able to render useful and efficient service 
in the employee’s covered position, as de-
termined 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 de-
scribed 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; 
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‘‘(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 de-
scribed 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 sec-
tion 804(15) of the Foreign Service Act of 
1980 (22 U.S.C. 4044(15)). 
‘‘(2) TREATMENT
OF
SERVICE
AFTER
DIS-
ABILITY.—Unless an affected employee files an elec-
tion 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 84 of title 5, United States Code, in-
cluding eligibility for an annuity under section 233 
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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
SERV-
ICE.—The service of an affected employee shall no 
longer be eligible for treatment under paragraph (2) 
if such service occurs after the employee is trans-
ferred to a supervisory or administrative position re-
lated 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
DIS-
ABILITY SYSTEM.—Section 806(a)(6) of the Foreign Serv-
ice Act of 1980 (22 U.S.C. 4046(a)(6)) is amended by 
adding at the end the following: 
‘‘(D)(i) In this subparagraph— 
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‘‘(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, be-
comes 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 an-
nuity under section 811; 
‘‘(cc) because of the illness or injury de-
scribed in item (bb), is permanently unable to 
render useful and efficient service in the em-
ployee’s covered position, as determined by the 
Secretary; and 
‘‘(dd) is appointed to a position in the For-
eign Service that is not a covered position; and 
‘‘(II) the term ‘covered position’ means a posi-
tion 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 offi-
cer described in section 8331(31) or 8401(36) 
of title 5, United States Code; 
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‘‘(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 Cap-
itol Police; 
‘‘(gg) a member of the Supreme Court Po-
lice; 
‘‘(hh) an employee of the Agency des-
ignated under section 302(a) of the Central In-
telligence Agency Retirement 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 determining the 
amount to be deducted and withheld from the pay of the 
individual under section 805. 
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