First Responder Fair RETIRE Act
PL 117-225 (H.R.521), enacted 12/09/2022

[117th Congress Public Law 225]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 2293]]

Public Law 117-225
117th Congress

                                 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. <<NOTE: Dec. 9, 2022 -  [H.R. 521]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: First Responder 
Fair Return for Employees on Their Initial Retirement Earned Act. 5 USC 
101 note.>> 
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. <<NOTE: 5 USC 8336 note.>>  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 specialized 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 location, 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) <<NOTE: Definitions.>>  In this paragraph--
            ``(i) the term `affected individual' means an individual 
        covered 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 subclause (II), is permanently unable to render 
                useful and

[[Page 136 STAT. 2294]]

                efficient service in the employee's covered position, as 
                determined 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, 
        firefighter, 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) <<NOTE: Applicability.>>  Subparagraph (B) shall only apply if 
the affected employee transitions to a position described in 
subparagraph (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 administrative 
        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 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 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' before ``An employee''; and
                    (C) by adding at the end the following:

    ``(2)(A) <<NOTE: Definitions.>>  In this paragraph--
            ``(i) the term `affected individual' means an individual 
        covered 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;

[[Page 136 STAT. 2295]]

                    ``(III) because of the illness or injury described 
                in subclause (II), is permanently unable to render 
                useful and efficient service in the employee's covered 
                position, as determined 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, 
        firefighter, 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) <<NOTE: Applicability.>>  Subparagraph (B) shall only apply if 
the affected employee transitions to a position described in 
subparagraph (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 administrative 
        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 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)'';

[[Page 136 STAT. 2296]]

                          (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

[[Page 136 STAT. 2297]]

        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) <<NOTE: Applicability.>>  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) <<NOTE: Definitions.>>  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 
                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

[[Page 136 STAT. 2298]]

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 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) <<NOTE: Regulations. 5 USC 8336 note. Deadline.>>  
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 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) <<NOTE: Requirement.>>  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) <<NOTE: 5 USC 8336 note.>>  Effective Date; Applicability.--The 
amendments made by this Act--
            (1) shall take effect on the date of enactment of this Act; 
        and

[[Page 136 STAT. 2299]]

            (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 
        Intelligence 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 Committee, provided that such 
statement has been submitted prior to the vote on passage.

    Approved December 9, 2022.

LEGISLATIVE HISTORY--H.R. 521:
---------------------------------------------------------------------------

SENATE REPORTS: No. 117-173 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            July 12, considered and passed House.
            Nov. 17, considered and passed Senate.

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