I
107TH CONGRESS
2D SESSION
H. R. 5337
To amend title 5, United States Code, to allow periods of certain service
performed as an employee under certain Cooperative Federal-State pro-
grams to be creditable for purposes of civil service retirement.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 5, 2002
Mrs. MORELLA introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To amend title 5, United States Code, to allow periods of
certain service performed as an employee under certain
Cooperative Federal-State programs to be creditable for
purposes of civil service retirement.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Agricultural Extended
Retirement Credit Act of 2002’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to extend creditable service, for purposes of
the Civil Service Retirement System, for periods of
service in certain qualified Federal-State cooperative
programs which had agricultural or related pur-
poses;
(2) to expedite the retirement of certain Fed-
eral Government employees by providing them im-
proved retirement opportunities at typical retirement
ages, thereby mitigating potentially adverse effects
of deficit control measures on the welfare of those
and other employees of the United States Depart-
ment of Agriculture; and
(3) to effect savings in budget authority and
outlays in the Department of Agriculture in such a
manner that the potential for adverse effects on pro-
gram effectiveness is minimized.
SEC. 3. EXTENSION OF CREDITABLE SERVICE.
(a) EXTENDED CREDIT DEFINED.—Section 8331 of
title 5, United States Code, is amended—
(1) by striking ‘‘and’’ after the semicolon at the
end of paragraph (27);
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and
(3) by adding after such paragraph (28) the
following:
‘‘(29) ‘extended credit’ means creditable service
for periods of service in Federal-State cooperative
programs under section 8332(b)(18).’’.
(b) CREDITABLE SERVICE.—Section 8332(b) of title
5, United States Code, is amended—
(1) by striking ‘‘and’’ after the semicolon at the
end of paragraph (16);
(2) by striking the period at the end of para-
graph (17) and inserting ‘‘; and’’; and
(3) by adding after such paragraph (17) the
following:
‘‘(18) subject to sections 8334(c) and 8339(i),
service performed before January 1, 1984, by an in-
dividual in the employ of a State or an instrumen-
tality of a State, if—
‘‘(A) such service involved duties related to
the carrying out of a Federal-State cooperative
program described in subsection (o)(1);
‘‘(B) such individual was later employed in
a position which was then subject to this sub-
chapter; and
‘‘(C) such individual (or a survivor thereof)
makes application for certification of credit for
such service on or before the 180th day fol-
lowing the date of enactment of the Agricul-
tural Extended Retirement Credit Act of
2002.’’.
(c) CERTIFICATION.—Section 8332(b) of title 5,
United States Code, is further amended by adding at the
end the following: ‘‘The Office of Personnel Management
shall accept, for purposes of this subchapter, the certifi-
cation of the Secretary of Agriculture, or his designee,
concerning service of the type described in paragraph
(18).’’.
(d) COOPERATIVE PROGRAMS DESCRIBED.—Section
8332 of title 5, United States Code, is amended by adding
at the end the following:
‘‘(o)(1) The Federal-State cooperative programs de-
scribed in this subsection for which creditable service is
allowable under subsection (b)(18) are—
‘‘(A) the Federal-State cooperative program of
agricultural research of the State agricultural exper-
iment stations as defined in section 1 of the Act en-
titled ‘An Act to consolidate the Hatch Act of 1887
and laws supplementary thereto relating to the ap-
propriation of Federal funds for support of agricul-
tural experiment stations in the States, Alaska, Ha-
waii, and Puerto Rico’, approved August 11, 1955
(69 Stat. 671);
‘‘(B) the Federal-State cooperative program of
forestry research at eligible institutions of the State
as defined in section 2 of the Act entitled ‘An Act
to authorize the Secretary of Agriculture to encour-
age and assist the several States in carrying on a
program of forestry research, and for other pur-
poses’, approved October 10, 1962 (76 Stat. 806),
and popularly referred to as the McIntire-Stennis
Act;
‘‘(C) the Federal-State cooperative program of
agricultural research for the fiscal year ending June
30, 1967 and later fiscal years at the 1890 land-
grant colleges, including Tuskegee Institute, as de-
fined in subsection 1445(a) of the ‘National Agricul-
tural Research, Extension, and Teaching Policy Act
of 1977’, approved September 29, 1977 (91 Stat.
1009);
‘‘(D) the Federal-State cooperative program of
agricultural extension work authorized by the Act
entitled ‘An Act to provide for cooperative agricul-
tural extension work between the agricultural col-
leges in the several States receiving the benefits of
an Act of Congress approved July second, eighteen
hundred and sixty-two, and of Acts supplementary
thereto, and the United States Department of Agri-
culture’, approved May 8, 1914 (38 Stat. 372), and
acts supplementary thereto;
‘‘(E) the Federal-State cooperative program of
vocational education, including State programs of in-
struction in vocational agriculture and home eco-
nomics authorized by the Act entitled ‘An Act to
provide for the promotion of vocational education; to
provide for cooperation with the States in the pro-
motion of such education in agriculture and the
trades and industries; to provide for cooperation
with the States in the preparation of teachers of vo-
cational subjects; and to appropriate money and reg-
ulate its expenditure’, approved February 23, 1917
(39 Stat. 929), and acts supplementary thereto;
‘‘(F) the Federal-State cooperative program in
marketing service and research authorized by the
Agricultural Marketing Act of 1946, approved Au-
gust 14, 1946 (60 Stat. 1087), and predecessor pro-
grams, including programs to inspect, certify, and
identify the class, quality, quantity, and condition of
agricultural products shipped or received in inter-
state commerce;
‘‘(G) the Federal-State cooperative program for
the control of plant pests and animal diseases au-
thorized by the subheading entitled ‘Federal Horti-
culture Board’ under the heading entitled ‘Depart-
ment of Agriculture’ of the Act entitled ‘An Act
making appropriations to supply urgent deficiencies
in appropriations for the fiscal year ending June
thirtieth, nineteen hundred and eighteen, and prior
fiscal years, on account of war expenses, and for
other purposes’, approved October 6, 1917 (40 Stat.
374); by section 102 of the Department of Agri-
culture Organic Act of 1944, approved September
21, 1944 (58 Stat. 734); by the joint resolution enti-
tled ‘Joint resolution making funds available for the
control of incipient or emergency outbreaks of insect
pests or plant diseases, including grasshoppers, mor-
mon crickets, and chinch bugs’, approved April 6,
1937 (50 Stat. 57); by the Act entitled ‘An Act to
provide for regulating, inspecting, cleaning, and,
when necessary, disinfecting railway cars, other vehi-
cles, and other materials entering the United States
from Mexico’, approved January 31, 1942 (56 Stat.
40); by the Act entitled ‘An Act to regulate the im-
portation of nursery stock and other plants and
plant products; to enable the Secretary of Agri-
culture to establish and maintain quarantine dis-
tricts for plant diseases and insect pests; to permit
and regulate the movement of fruits, plants, and
vegetables therefrom, and for other purposes’, ap-
proved August 20, 1912 (37 Stat. 315); by the first
paragraph under the subheading entitled ‘Enforce-
ment of the Plant-Quarantine Act’ under the head-
ing entitled ‘Miscellaneous’ of the Act entitled ‘An
Act making appropriations for the Department of
Agriculture for the fiscal year ending June thirtieth,
nineteen hundred and fourteen’, approved March 4,
1913 (37 Stat. 853), insofar as such paragraph re-
lates to the importation of certain plants for sci-
entific purposes; by the second, third, and fourth
paragraphs under the subheading entitled ‘Enforce-
ment of the Plant-Quarantine Act’ under the head-
ing entitled ‘Miscellaneous’ of the Act entitled ‘An
Act making appropriations for the Department of
Agriculture for the fiscal year ending June thirtieth,
nineteen hundred and sixteen’, approved March 4,
1915 (38 Stat. 1113); and by section 11 of the Act
entitled ‘An Act for the establishment of a Bureau
of Animal Industry, to prevent the exportation of
diseased cattle, and to provide for the suppression
and extirpation of pleuropneumonia and other con-
tagious diseases among domestic animals’, approved
May 29, 1884 (23 Stat. 31);
‘‘(H) the Federal-State cooperative programs of
forest protection, management, and improvement
performed under authority of the Act entitled ‘An
Act to provide for the protection of forest lands, for
the reforestation of denuded areas, for the extension
of national forests, and for other purposes, in order
to promote the continuous production of timber on
the lands chiefly suitable therefore’, approved June
7, 1924 (43 Stat. 653); of the Cooperative Forest
Management Act, approved August 25, 1950 (64
Stat. 473); and of the Forest Pest Control Act, ap-
proved June 25, 1947 (61 Stat. 177); and the pred-
ecessor programs of any Act referred to in this para-
graph;
‘‘(I) the Federal-State cooperative programs of
emergency relief, including State rural rehabilitation
corporation programs established for the purposes of
the Federal Emergency Relief Act of 1933, approved
May 12, 1933 (48 Stat. 55); the Act entitled ‘An
Act making an additional appropriation to carry out
the purposes of the Federal Emergency Relief Act of
1933, for continuation of the civil works program,
and for other purposes’, approved February 15,
1934 (48 Stat. 351); and title II of the Act entitled
‘An Act making appropriations to supply deficiencies
program of animal damage control authorized by the
Act entitled ‘An Act to authorize the Secretary of
Agriculture to carry out his ten-year cooperative pro-
gram for the eradication, suppression, or bringing
under control of predatory and other wild animals
injurious to agriculture, horticulture, forestry, ani-
mal husbandry, wild game, and other interests, and
for the suppression of rabies and tularemia in preda-
tory or other wild animals, and for other purposes’,
approved March 2, 1931 (46 Stat. 1468).
‘‘(2) Within 60 days following the date of enactment
of the Agricultural Extended Retirement Credit Act of
2002, the Office of Personnel Management shall promul-
gate specific extended credit application and certification
instructions to be followed by the Secretary of Agriculture
in determining eligibility for extended credit for periods
of service in the Federal-State cooperative programs enu-
merated in subsection (b)(18), and by individuals in mak-
ing application for such extended credit.’’.
(e) ANNUITY ADJUSTMENTS.—Section 8345 of title
5, United States Code, is amended by adding at the end
the following:
‘‘(m) If the Secretary of Agriculture certifies to the
Office of Personnel Management creditable service for
purposes of this subchapter of the type described in sec-
tion 8332(b)(17), in response to application by an annu-
itant or survivor annuitant, then the annuity of the annu-
itant or survivor annuitant shall be adjusted on the first
day of the month following the date of enactment of the
Agricultural Extended Retirement Credit Act of 2002 so
that the amount of the annuity shall be the same as if
the total creditable service of the employee or Member,
on whose creditable service the annuity was computed, had
included, on the original date on which the annuity was
computed, the amount of service certified.’’.
SEC. 4. EXPEDITED RETIREMENT SAVINGS.
(a) IN GENERAL.—Notwithstanding any other provi-
sions of law, the Secretary of Agriculture shall at the end
of each pay period for which both the first and last days
occur in the expedited retirement period transfer to the
expedited retirement trust fund, out of any monies appro-
priated to the Department of Agriculture, an amount
equal to expedited retirement savings for that pay period.
(b) DEFINITIONS.—For the purpose of this section—
(1) the term ‘‘pay period’’ means the biweekly
Federal pay period;
(2) the term ‘‘expedited retirement period’’
means the period beginning on the 60th day after
the date of enactment of this Act and ending at the
end of the fourth fiscal year which begins on or after
the first day of such period;
(3) the term ‘‘expedited retiree’’ means an indi-
vidual who retires from a position in the Department
of Agriculture on any day of the expedited retire-
ment period and who receives extended credit under
the amendments made by this Act;
(4) the term ‘‘expedited retiree pay rate’’ means
the biweekly regular pay rate of an expedited retiree
on his or her last day of employment before retire-
ment;
(5) the term ‘‘expedited retirement savings’’
means, for any given pay period for which both the
first and last days occurred within the expedited re-
tirement period, the aggregate of 160 percent of the
expedited retiree pay rates for all expedited retirees
whose last day of employment prior to retirement oc-
curred on or before the first day of the given pay pe-
riod; and
(6) the term ‘‘expedited retirement trust fund’’
means a trust fund of the Department of Agri-
culture which serves as depository for budget au-
thority and outlay saved in any fiscal year of the ex-
pedited retirement period resulting from implemen-
tation of this Act and amendments made by this
Act.
SEC. 5. LIMITATION ON USE OF SAVINGS.
(a) IN GENERAL.—(1) None of the budget authority
and outlays saved in any fiscal year by reason of the trans-
fer of expedited retirement savings to the expedited retire-
ment trust fund resulting from the implementation of this
Act and the amendments made by this Act may be obli-
gated or expended for any purpose.
(2) The total amount of budget authority and outlays
saved in any fiscal year (as described in paragraph (1))
shall, at the end of that fiscal year be carried to the sur-
plus fund of the Department of Agriculture and deposited
by the Secretary of Agriculture in the Treasury of the
United States to the credit of the Civil Service Retirement
and Disability Fund, as a contribution of the United
States Government to such Fund, under such procedures
as the Comptroller General may prescribe.
(3) The total amount of budget authority and outlays
saved in any fiscal year (as described in paragraph (1))
shall be credited against any amount of pay and other per-
sonnel and direct support costs required to be sequestered
in such fiscal year under the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177).
(b) AUDITS.—The Comptroller General shall notify
Congress, in writing, of each noncompliance with the re-
quirements of subsection (a).
SEC. 6. PROGRAM REPORT.
(a) IN GENERAL.—Not later than 1 year after the
first day of the expedited retirement period, the Director
of the Office of Personnel Management shall transmit to
Congress a report containing an evaluation of the expe-
dited retirement savings program.
(b) CONTENTS OF REPORT.—The report under sub-
section (a) shall include the following:
(1) The number of employees who retired under
the expedited retirement program, stated by age
group of the retirees, and by grade or other position
classification of the retirees.
(2) The amount of expedited retirement savings
that have resulted, before the date of the report,
from the implementation of this Act and the amend-
ments made by this Act.
(c) ADMINISTRATIVE PROVISION.—The Director of
the Office of Personnel Management may obtain from any
agency of the Federal Government such information as the
Director determines necessary to prepare the report re-
quired by subsection (a).
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