S.Amdt. 1297

TEXT OF AMENDMENTS

SA 1274. Mr. LIEBERMAN (for himself and Mr. Graham) submitted an
amendment intended to be proposed by him to the bill H.R. 1256, to
protect the public health by providing the Food and Drug Administration
with certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of division B, add the following:

TITLE ___--DETAINEE PHOTOGRAPHIC RECORDS PROTECTION

SEC. ___. DETAINEE PHOTOGRAPHIC RECORDS PROTECTION.

(a) Short Title.--This section may be cited as the
``Detainee Photographic Records Protection Act of 2009''.
(b) Definitions.--In this section:
(1) Covered record.--The term ``covered record'' means any
record--
(A) that is a photograph that--
(i) was taken during the period beginning on September 11,
2001, through January 22, 2009; and
(ii) relates to the treatment of individuals engaged,
captured, or detained after September 11, 2001, by the Armed
Forces of the United States in operations outside of the
United States; and
(B) for which a certification by the Secretary of Defense
under subsection (c) is in effect.
(2) Photograph.--The term ``photograph'' encompasses all
photographic images, whether originals or copies, including
still photographs, negatives, digital images, films, video
tapes, and motion pictures.
(c) Certification.--
(1) In general.--For any photograph described under
subsection (b)(1)(A), the Secretary of Defense shall submit a
certification to the President, if the Secretary of Defense,
in consultation with the Chairman of the Joint Chiefs of
Staff, determines that the disclosure of that photograph
would endanger--
(A) citizens of the United States; or
(B) members of the Armed Forces or employees of the United
States Government deployed outside the United States.
(2) Certification expiration.--A certification submitted
under paragraph (1) and a renewal of a certification
submitted under

[[Page S6275]]

paragraph (3) shall expire 3 years after the date on which
the certification or renewal, as the case may be, is
submitted to the President.
(3) Certification renewal.--The Secretary of Defense may
submit to the President--
(A) a renewal of a certification in accordance with
paragraph (1) at any time; and
(B) more than 1 renewal of a certification.
(4) Notice to congress.--A timely notice of the Secretary's
certification shall be submitted to Congress.
(d) Nondisclosure of Detainee Records.--A covered record
shall not be subject to--
(1) disclosure under section 552 of title 5, United States
Code (commonly referred to as the Freedom of Information
Act); or
(2) disclosure under any proceeding under that section.
(e) Rule of Construction.--Nothing in ths section shall be
construed to preclude the voluntary disclosure of a covered
record.
(f) Effective Date.--This section shall take effect on the
date of enactment of this Act and apply to any photograph
created before, on, or after that date that is a covered
record.
______

SA 1275. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to
protect the public health by providing the Food and Drug Administration
with certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Saving
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of section 907 of the Federal Food, Drug, and
Cosmetic Act (as added by section 101), add the following:
``(f) Compliance With WTO Provisions.--If the Secretary of
Health and Human Services, in consultation with the United
States Trade Representative, determines that the prohibition
contained in subsection (a)(1)(A) with respect to any
artificial or natural flavor or any herb or spice would
result in a violation of any trade agreement, the Secretary
shall by regulation provide an exception with respect to such
artificial or natural flavor or such herb or spice from such
prohibition.''.
______

SA 1276. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to
protect the public health by providing the Food and Drug Administration
with certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Saving
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

In section 908 of the Federal Food Drug, and Cosmetic Act
(as added by section 101), add at the end the following:
``(d) Imminent Hazards.--
``(1) In general.--If the Secretary finds that the
marketing, distribution, or advertising of a tobacco product
poses an imminent hazard to the public health, the Secretary
may--
``(A) provide for the recall of the product under
subsection (c);
``(B) suspend to approval of a label statement for the
product under section 903(b);
``(C) suspend the approval of the application of the
product under section 910; or
``(D) take any other action with respect to the product
under this title to protect the public health.
``(2) Notice.--The Secretary shall provide the manufacturer
or distributor of a tobacco product (as the case may be)
prompt notice of any action taken under paragraph (1) with
respect to such product, and afford the manufacturer or
distributor the opportunity for an expedited hearing under
this subsection.
``(3) Standard for determination.--
``(A) In general.--For purposes of this subsection, the
marketing, distribution, or advertising or a tobacco product
poses an imminent hazard to the public health if the
Secretary determines that the evidence is sufficient to
demonstrate that the product (or practice involved) creates a
public health situation--
``(i) that should be corrected immediately to prevent
injury; and
``(ii) that should not be permitted to continue while a
hearing or other formal proceeding is being held.
``(B) Time of declaration.--An imminent hazard may be
declared under this subsection at any point in the chain of
events that may ultimately result in harm to the public
health. The occurrence of the final anticipated injury is not
essential to establish that an imminent hazard of such
occurrence exists.
``(C) Considerations.--In exercising the judgment of the
Secretary on whether an imminent hazard exists for purposes
of this subsection, the Secretary shall consider the number
of injuries anticipated and the nature, severity, and
duration of the anticipated injury.''.
______

SA 1277. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to
protect the public health by providing the Food and Drug Administration
with certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Saving
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of section 919 of the Federal Food, Drug, and
Cosmetic Act (as added by section 101) add the following:
``(f) Limitation.--Effective for any fiscal year in which
the Secretary determines that youth smoking has increased
during each of the previous 4 calendar years (according to
the Youth Risk Behavior Surveillance System) the Secretary
shall not assess or expend fees under this section with
respect to such fiscal year. The Secretary may collect and
expend such fees upon a subsequent determination that youth
smoking has remained unchanged or decreased.''.
______

SA 1278. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 1256, to protect the public health by
providing the Food and Drug Administration with certain authority to
regulate tobacco products, to amend title 5, United States Code, to
make certain modifications in the Thrift Savings Plan, the Civil
Service Retirement System, and the Federal Employees' Retirement
System, and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. __. TEMPORARY VEHICLE TRADE-IN PROGRAM.

(a) Short Title.--This section may be cited as the ``Short
Term Accelerated Retirement of Inefficient Vehicles Act of
2009''.
(b) Temporary Vehicle Trade-In Program.--
(1) Establishment.--There is established in the National
Highway Traffic Safety Administration a program, to be known
as the ``Cash for Clunkers Temporary Vehicle Trade-In
Program'', through which the Secretary, in accordance with
this subsection and the regulations promulgated under
paragraph (4), shall--
(A) authorize the issuance of a voucher, subject to the
specifications set forth in paragraph (3), to offset the
purchase price or lease price of a fuel efficient automobile
upon the transfer of the certificate of title of an eligible
trade-in vehicle to a dealer participating in the Program;
(B) register dealers for participation in the Program and
require each registered dealer to--
(i) accept vouchers provided under this subsection as
partial payment or down payment for the purchase or lease of
any fuel efficient automobile offered for sale or lease by
such dealer; and
(ii) dispose of each eligible trade-in vehicle in
accordance with paragraph (3)(B) after the title of such
vehicle is transferred to the dealer under the Program;
(C) in consultation with the Secretary of the Treasury,
make payments to dealers for eligible transactions by such
dealers before the date that is 1 year after regulations are
promulgated under paragraph (4), in accordance with such
regulations; and
(D) in consultation with the Secretary of the Treasury and
the Inspector General of the Department of Transportation,
establish and provide for the enforcement of measures to
prevent and penalize fraud under the Program.
(2) Qualifications for and value of vouchers.--A voucher
issued under the Program shall have a value that may be
applied to offset the purchase price or lease price of a fuel
efficient automobile as follows:
(A) $1,000 value.--The voucher may be used to offset the
purchase price of a previously owned fuel efficient
automobile manufactured for model year 2004 or later, by
$1,000 if--
(i) the newly purchased fuel efficient automobile is a
passenger automobile and the combined fuel economy value of
such automobile is at least 7 miles per gallon higher than
the combined fuel economy value of the eligible trade-in
vehicle;
(ii) the newly purchased fuel efficient automobile is a
category 1 truck and the combined fuel economy value of such
truck is at least 3 miles per gallon higher than the combined
fuel economy value of the eligible trade-in vehicle; or
(iii) the newly purchased fuel efficient automobile is a
category 2 truck that has a combined fuel economy value of at
least 17 miles per gallon and the combined fuel economy value
of such truck is at least 3 miles per gallon higher than the
combined fuel economy value of the eligible trade-in vehicle,
which is also a category 2 truck.
(B) $2,500 value.--The voucher may be used to offset the
purchase price or lease price of the new fuel efficient
automobile by $2,500 if--

[[Page S6276]]

(i) the new fuel efficient automobile is a passenger
automobile and the combined fuel economy value of such
automobile is at least 7 miles per gallon higher than the
combined fuel economy value of the eligible trade-in vehicle;
(ii) the new fuel efficient automobile is a category 1
truck and the combined fuel economy value of such truck is at
least 3 miles per gallon higher than the combined fuel
economy value of the eligible trade-in vehicle;
(iii) the new fuel efficient automobile is a category 2
truck that has a combined fuel economy value of at least 17
miles per gallon and--

(I) the eligible trade-in vehicle is a category 2 truck and
the combined fuel economy value of the new fuel efficient
automobile is at least 3 miles per gallon higher than the
combined fuel economy value of the eligible trade-in vehicle;
or
(II) the eligible trade-in vehicle is a category 3 truck
manufactured for model year 2001 or earlier; or

(iv) the new fuel efficient automobile is a category 3
truck and the eligible trade-in vehicle is a category 3 truck
manufactured for model year 1999 or earlier and is of similar
size or larger than the new fuel efficient automobile, as
determined in a manner prescribed by the Secretary.
(C) $3,500 value.--The voucher may be used to offset the
purchase price or lease price of the new fuel efficient
automobile by $3,500 if--
(i) the new fuel efficient automobile is a passenger
automobile and the combined fuel economy value of such
automobile is at least 10 miles per gallon higher than the
combined fuel economy value of the eligible trade-in vehicle;
(ii) the new fuel efficient automobile is a category 1
truck and the combined fuel economy value of such truck is at
least 6 miles per gallon higher than the combined fuel
economy value of the eligible trade-in vehicle; or
(iii) the new fuel efficient automobile is a category 2
truck that has a combined fuel economy value of at least 17
miles per gallon and the combined fuel economy value of such
truck is at least 5 miles per gallon higher than the combined
fuel economy value of the eligible trade-in vehicle, which is
also a category 2 truck.
(D) $4,500 value.--The voucher may be used to offset the
purchase price or lease price of the new fuel efficient
automobile by $4,500 if--
(i) the new fuel efficient automobile is a passenger
automobile and the combined fuel economy value of such
automobile is at least 13 miles per gallon higher than the
combined fuel economy value of the eligible trade-in vehicle;
(ii) the new fuel efficient automobile is a category 1
truck and the combined fuel economy value of such truck is at
least 9 miles per gallon higher than the combined fuel
economy value of the eligible trade-in vehicle; or
(iii) the new fuel efficient automobile is a category 2
truck that has a combined fuel economy value of at least 17
miles per gallon and the combined fuel economy value of such
truck is 7 miles per gallon higher than the combined fuel
economy value of the eligible trade-in vehicle, which is also
a category 2 truck.
(3) Program specifications.--
(A) Limitations.--
(i) General period of eligibility.--A voucher issued under
the Program may only be used for the purchase or lease of a
fuel efficient automobile that occurs between the date on
which the regulations promulgated under paragraph (4) are
implemented and the date that is 1 year after such date.
(ii) Number of vouchers per person and per trade-in
vehicle.--Not more than 1 voucher may be issued for a single
person and not more than 1 voucher may be issued for the
joint registered owners of a single eligible trade-in
vehicle.
(iii) No combination of vouchers.--Only 1 voucher issued
under the Program may be applied toward the purchase or lease
of a single new fuel efficient automobile.
(iv) Cap on vouchers for category 3 trucks.--Not more than
7.5 percent of the amounts made available for the Program may
be used for vouchers for the purchase or qualifying lease of
category 3 trucks.
(v) Combination with other incentives permitted.--The
availability or use of a Federal or State tax incentive or a
State-issued voucher for the purchase or lease of a new fuel
efficient automobile shall not limit the value or issuance of
a voucher under the Program.
(vi) No additional fees.--A dealer participating in the
program may not charge a person purchasing or leasing a new
fuel efficient automobile any additional fees associated with
the use of a voucher under the Program.
(vii) Number and amount.--The total number and value of
vouchers issued under the Program may not exceed the amounts
appropriated for such purpose.
(viii) Values for qualifying shorter term leases.--If a
fuel efficient vehicle is leased under a qualifying shorter
term lease, the value of the voucher issued under the Program
shall be 50 percent of the value otherwise applicable under
paragraph (2).
(B) Disposition of eligible trade-in vehicles.--
(i) In general.--If the title of an eligible trade-in
vehicle is transferred to a dealer under the Program, the
dealer shall certify to the Secretary, in such manner as the
Secretary shall prescribe by rule, that such vehicle,
including the engine and drive train--

(I) has been or will be crushed or shredded within such
period and in such manner as the Secretary prescribes, or
will be transferred to an entity that will ensure that the
vehicle will be crushed or shredded within such period and in
such manner as the Secretary prescribes; and
(II) has not been, and will not be, sold, leased,
exchanged, or otherwise disposed of for use as an automobile
in the United States or in any other country, or has been or
will be transferred, in such manner as the Secretary
prescribes, to an entity that will ensure that the vehicle
has not been, and will not be, sold, leased, exchanged, or
otherwise disposed of for use as an automobile in the United
States or in any other country.

(ii) Savings provision.--Nothing in clause (i) may be
construed to preclude a person who dismantles or disposes of
the vehicle from--

(I) purchasing the disposed vehicle from a dealer for the
purpose of selling parts other than the engine block and
drive train;
(II) selling any parts of the disposed vehicle other than
the engine block and drive train, unless the engine or drive
train has been crushed or shredded; or
(III) retaining the proceeds from such sale.

(iii) Coordination.--The Secretary shall coordinate with
the Attorney General to ensure that the National Motor
Vehicle Title Information System and other publicly
accessible and commercially available systems are
appropriately updated to reflect the crushing or shredding of
vehicles under this subsection and appropriate
reclassification of the vehicles' titles.
(4) Rulemaking.--Notwithstanding the requirements of
section 553 of title 5, United States Code, the Secretary
shall promulgate final regulations to implement the Program
not later than 30 days after the date of the enactment of
this Act. Such regulations shall--
(A) provide for a means of registering dealers for
participation in the Program;
(B) establish procedures for the electronic reimbursement
of dealers participating in the Program, within 10 days after
the submission to the Secretary of information supporting the
eligible transaction, as determined appropriate by the
Secretary, for the appropriate amount under subsection (c)
and any reasonable administrative costs incurred by the
dealer;
(C) prohibit any dealer from using vouchers to offset any
other rebate or discount offered by that dealer or by the
manufacturer of the new fuel efficient automobile;
(D) require dealers to disclose to the person trading in an
eligible trade-in vehicle the best estimate of the scrappage
value of such vehicle and to permit the dealer to retain $50
of any amounts paid to the dealer for scrappage of the
automobile as payment for any administrative costs to the
dealer associated with participation in the Program;
(E) consistent with paragraph (3)(B), establish
requirements and procedures for the disposal of eligible
trade-in vehicles and provide such information as may be
necessary to entities engaged in such disposal to ensure that
such vehicles are disposed of in accordance with such
requirements and procedures, including--
(i) requirements for the removal and appropriate
disposition of refrigerants, antifreeze, lead products,
mercury switches, and such other toxic or hazardous vehicle
components prior to the crushing or shredding of an eligible
trade-in vehicle, in accordance with rules established by the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, and in accordance with other
applicable Federal and State requirements;
(ii) a mechanism for dealers to certify to the Secretary
that eligible trade-in vehicles are disposed of, or
transferred to an entity that will ensure that the vehicle is
disposed of, in accordance with such requirements and
procedures and to submit the vehicle identification numbers,
mileage, condition, and other appropriate information, as
determined by the Secretary, of the vehicles disposed of and
the new fuel efficient automobile purchased with each
voucher; and
(iii) a mechanism for obtaining such other certifications
as deemed necessary by the Secretary from entities engaged in
vehicle disposal;
(F) establish a mechanism for dealers to determine the
scrappage value of the trade-in vehicle; and
(G) provide for the enforcement of the penalties described
in paragraph (5)(B).
(5) Anti-fraud provisions.--
(A) Violation.--It shall be unlawful for any person to
violate any provision under this subsection or any
regulations issued pursuant to paragraph (4).
(B) Penalties.--Any person who commits a violation
described in subparagraph (A) shall be liable to the United
States Government for a civil penalty in an amount equal to
not more than $25,000 for each such violation.
(6) Information to consumers and dealers.--
(A) In general.--Not later than 30 days after the date of
the enactment of this Act, and promptly upon the update of
any relevant information, the Secretary shall make
information about the Program available through an Internet
Web site and through other means determined by the Secretary.
Such information shall include--

[[Page S6277]]

(i) how to determine if a vehicle is an eligible trade-in
vehicle;
(ii) how to determine the scrappage value of an eligible
trade-in vehicle;
(iii) how to participate in the Program, including how to
determine participating dealers; and
(iv) a comprehensive list, by make and model, of fuel
efficient automobiles meeting the requirements of the
Program.
(B) Public awareness campaign.--Upon completing the
requirements under subparagraph (A), the Secretary shall
conduct a public awareness campaign to inform consumers about
the Program and the sources for additional information.
(7) Recordkeeping and report.--
(A) Database.--The Secretary shall maintain a database that
includes--
(i) the vehicle identification numbers of all fuel
efficient vehicles purchased or leased under the Program; and
(ii) the vehicle identification numbers, mileage,
condition, scrappage value, and other appropriate
information, as determined by the Secretary, of all the
eligible trade-in vehicles which have been disposed of under
the Program.
(B) Report.--Not later than June 30, 2010, the Secretary
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives that describes
the efficacy of the Program and includes--
(i) a description of the results of the Program,
including--

(I) the total number and amount of vouchers issued for
purchase or lease of new fuel efficient automobiles by
manufacturer (including aggregate information concerning the
make, model, model year) and category of automobile;
(II) aggregate information regarding the make, model, model
year, mileage, condition, and manufacturing location of
vehicles traded in under the Program; and
(III) the location of sale or lease;

(ii) an estimate of the overall increase in fuel efficiency
in terms of miles per gallon, total annual oil savings, and
total annual greenhouse gas reductions, as a result of the
Program; and
(iii) an estimate of the overall economic and employment
effects of the Program.
(8) Rule of construction.--For purposes of determining
Federal or State income tax liability or eligibility for any
Federal or State program that bases eligibility, in whole or
in part, on income, the value of any voucher issued under the
Program to offset the purchase price or lease price of a new
fuel efficient automobile shall not be considered income of
the person purchasing such automobile.
(9) Definitions.--In this subsection:
(A) Category 1 truck.--The term ``category 1 truck'' means
a nonpassenger automobile (as defined in section 32901(a)(17)
of title 49, United States Code) that--
(i) has a combined fuel economy value of at least 20 miles
per gallon; and
(ii) is not a category 2 truck.
(B) Category 2 truck.--The term ``category 2 truck'' means
a large van or a large pickup, as categorized by the
Secretary using the method used by the Environmental
Protection Agency and described in the report entitled
``Light-Duty Automotive Technology and Fuel Economy Trends:
1975 through 2008''.
(C) Category 3 truck.--The term ``category 3 truck'' has
the meaning given the term ``work truck'' in section
32901(a)(19) of title 49, United States Code.
(D) Combined fuel economy value.--The term ``combined fuel
economy value'' means--
(i) with respect to a new fuel efficient automobile, the
number, expressed in miles per gallon, centered below the
words ``Combined Fuel Economy'' on the label required to be
affixed or caused to be affixed on a new automobile pursuant
to subpart D of part 600 of title 40 Code of Federal
Regulations;
(ii) with respect to an eligible trade-in vehicle
manufactured after model year 1984, the equivalent number
determined on the fueleconomy.gov Web site of the
Environmental Protection Agency for the make, model, and year
of such vehicle; and
(iii) with respect to an eligible trade-in vehicle
manufactured between model years 1978 through 1984, the
equivalent number determined by the Secretary and posted on
the website of the National Highway Traffic Safety
Administration, using data maintained by the Environmental
Protection Agency for the make, model, and year of such
vehicle.
(E) Dealer.--The term ``dealer'' means a person that is
licensed by a State and engages in the sale of automobiles to
ultimate purchasers.
(F) Eligible trade-in vehicle.--The term ``eligible trade-
in vehicle'' means an automobile or a work truck (as such
terms are defined in section 32901(a) of title 49, United
States Code) that, at the time it is presented for trade-in
under this subsection--
(i) is in drivable condition;
(ii) has been continuously insured, consistent with State
law, and registered to the same owner for a period of not
less than 1 year immediately prior to such trade-in; and
(iii) has a combined fuel economy value of 17 miles per
gallon or less.
(G) Fuel efficient automobile.--The term ``fuel efficient
automobile'' means a vehicle described in subparagraph (A),
(B), (C), or (I), that was manufactured for any model year
after 2003, and, at the time of the original sale to a
consumer--
(i) carries a manufacturer's suggested retail price of
$45,000 or less;
(ii) complies with the applicable air emission and related
requirements under the National Emission Standards Act (42
U.S.C. 7521 et seq.);
(iii) qualifies for listing in emission bin 1, 2, 3, 4, or
5 (as defined in section 86.1803-01 of title 40, Code of
Federal Regulations), or for work trucks the applicable
vehicle and engine standards found under section 86.005-10
and 86.007-11 of title 40, Code of Federal Regulations; and
(iv) has a combined fuel economy value of--

(I) 24 miles per gallon, if the vehicle is a passenger
automobile;
(II) 20 miles per gallon, if the vehicle is a category 1
truck; or
(III) 17 miles per gallon, if the vehicle is a category 2
truck.

(H) New fuel efficient automobile.--The term ``new fuel
efficient automobile'' means a fuel efficient automobile, the
equitable or legal title of which has not been transferred to
any person other than the ultimate purchaser.
(I) Passenger automobile.--The term ``passenger
automobile'' means a passenger automobile (as defined in
section 32901(a)(18) of title 49, United States Code) that
has a combined fuel economy value of at least 24 miles per
gallon.
(J) Program.--The term ``Program'' means the Cash for
Clunkers Temporary Vehicle Trade-In Program established under
this subsection.
(K) Qualifying lease.--The term ``qualifying lease'' means
a lease of an automobile for a period of not less than 5
years.
(L) Qualifying shorter term lease.--The term ``qualifying
shorter term lease'' means a lease of an automobile for a
period of not less than 3 years and not more than 5 years.
(M) Scrappage value.--The term ``scrappage value'' means
the amount received by the dealer for an eligible trade-in
vehicle upon transferring title of such vehicle to the person
responsible for ensuring the dismantling and destruction of
the vehicle.
(N) Secretary.--The term ``Secretary'' means the Secretary
of Transportation, acting through the National Highway
Traffic Safety Administration.
(O) Ultimate purchaser.--The term ``ultimate purchaser''
means, with respect to any new automobile, the first person
who in good faith purchases such automobile for purposes
other than resale.
(P) Vehicle identification number.--The term ``vehicle
identification number'' means the 17-character number used by
the automobile industry to identify individual automobiles.
(c) Expedited Consideration of American Recovery and
Reinvestment Act Rescissions.--
(1) Proposed rescission of discretionary budget
authority.--The President may propose, at the time and in the
manner provided in paragraph (2), the rescission of any
discretionary budget authority provided under the American
Recovery and Reinvestment Act (Public Law 111-5).
(2) Transmittal of special message.--(A) Not later than 15
days after the date of the enactment of this Act, the
President may--
(i) transmit to Congress a special message proposing to
rescind amounts of discretionary budget authority provided in
the American Recovery and Reinvestment Act; and
(ii) include with the special message described in clause
(i) a draft bill or joint resolution that, if enacted, would
only rescind that discretionary budget authority.
(B) If an Act includes accounts within the jurisdiction of
more than 1 subcommittee of the Committee on Appropriations,
the President, in proposing to rescind discretionary budget
authority under this subsection, shall send a separate
special message and accompanying draft bill or joint
resolution for accounts within the jurisdiction of each such
subcommittee.
(C) Each special message transmitted to Congress under this
paragraph shall specify, with respect to the discretionary
budget authority proposed to be rescinded--
(i) the amount of budget authority proposed to be rescinded
or which is to be so reserved;
(ii) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental
functions involved;
(iii) the reasons why the budget authority should be
rescinded or is to be so reserved;
(iv) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect of the proposed
rescission or of the reservation; and
(v) all facts, circumstances, and considerations relating
to or bearing upon the proposed rescission or the reservation
and the decision to effect the proposed rescission or the
reservation, and to the maximum extent practicable, the
estimated effect of the proposed rescission or the
reservation upon the objects, purposes, and programs for
which the budget authority is provided.
(3) Limitation on amounts subject to rescission.--The
amount of discretionary budget authority the President may
propose to rescind in a special message under this subsection
for a particular program, project, or activity may not exceed
$4,000,000,000.
(4) Procedures for expedited consideration.--(A)(i) Before
the close of the second

[[Page S6278]]

day of continuous session of the applicable House of Congress
after the date of receipt of a special message transmitted to
Congress under paragraph (2), the majority leader or minority
leader of the House of Congress in which the Act involved
originated shall introduce (by request) the draft bill or
joint resolution accompanying that special message. If the
bill or joint resolution is not introduced by the third day
of continuous session of that House after the date of receipt
of that special message, any Member of that House may
introduce the bill or joint resolution.
(ii) A bill or joint resolution introduced pursuant to
clause (i) shall be referred to the Committee on
Appropriations of the House in which it is introduced. The
bill or joint resolution shall be voted on not later than the
seventh day of continuous session of that House after the
date of receipt of that special message. If the Committee on
Appropriations fails to vote on the bill or joint resolution
within that period, that committee shall be automatically
discharged from consideration of the bill or joint
resolution, and the bill or joint resolution shall be placed
on the appropriate calendar.
(iii) A vote on final passage of a bill or joint resolution
introduced pursuant to clause (i) shall be taken in that
House on or before the close of the 10th calendar day of
continuous session of that House after the date of the
introduction of the bill or joint resolution in that House,
except in cases in which the Committee on Appropriations has
considered and voted against discharging the bill or joint
resolution for further consideration. If the bill or joint
resolution is agreed to, the Clerk of the House of
Representatives (in the case of a bill or joint resolution
agreed to in the House of Representatives) or the Secretary
of the Senate (in the case of a bill or joint resolution
agreed to in the Senate) shall cause the bill or joint
resolution to be engrossed, certified, and transmitted to the
other House of Congress on the same calendar day on which the
bill or joint resolution is agreed to.
(B)(i) A bill or joint resolution transmitted to the Senate
or the House of Representatives pursuant to subparagraph
(A)(iii) shall be referred to the Committee on Appropriations
of that House. The bill or joint resolution shall be voted on
not later than the seventh day of continuous session of that
House after it receives the bill or joint resolution. A
committee failing to vote on the bill or joint resolution
within such period shall be automatically discharged from
consideration of the bill or joint resolution, and the bill
or joint resolution shall be placed upon the appropriate
calendar.
(ii) A vote on final passage of a bill or joint resolution
transmitted to that House shall be taken on or before the
close of the 10th calendar day of continuous session of that
House after the date on which the bill or joint resolution is
transmitted, except in cases in which the Committee on
Appropriations has considered and voted against discharging
the bill or joint resolution for further consideration. If
the bill or joint resolution is agreed to in that House, the
Clerk of the House of Representatives (in the case of a bill
or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case
of a bill or joint resolution agreed to in the Senate) shall
cause the engrossed bill or joint resolution to be returned
to the House in which the bill or joint resolution
originated.
(C)(i) A motion in the House of Representatives to proceed
to the consideration of a bill or joint resolution under this
subsection shall be highly privileged and not debatable. An
amendment to the motion and a motion to reconsider the vote
by which the motion is agreed to or disagreed to shall not be
in order.
(ii) Debate in the House of Representatives on a bill or
joint resolution under this subsection shall not exceed 4
hours, which shall be divided equally between those favoring
and those opposing the bill or joint resolution. A motion
further to limit debate shall not be debatable. It shall not
be in order to move to recommit a bill or joint resolution
under this subsection or to move to reconsider the vote by
which the bill or joint resolution is agreed to or disagreed
to.
(iii) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to
the procedure relating to a bill or joint resolution under
this subsection shall be decided without debate.
(iv) Except to the extent specifically provided in clauses
(i) through (iii), consideration of a bill or joint
resolution under this subsection shall be governed by the
Rules of the House of Representatives.
(D)(i) A motion in the Senate to proceed to the
consideration of a bill or joint resolution under this
subsection shall be privileged and not debatable. An
amendment to the motion and a motion to reconsider the vote
by which the motion is agreed to or disagreed to shall not be
in order.
(ii) Debate in the Senate on a bill or joint resolution
under this subsection, and all debatable motions and appeals
in connection to such bill or joint resolution, shall not
exceed 10 hours. The time shall be equally divided between,
and controlled by, the majority leader and the minority
leader or their designees.
(iii) Debate in the Senate on any debatable motion or
appeal in connection with a bill or joint resolution under
this subsection shall be limited to not more than 1 hour, to
be equally divided between, and controlled by, the mover and
the manager of the bill or joint resolution, except that in
the event the manager of the bill or joint resolution is in
favor of any such motion or appeal, the time in opposition to
such motion or appeal shall be controlled by the minority
leader or his designee. Either such leader may, from time
under their control on the passage of a bill or joint
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
(iv) A motion in the Senate to further limit debate on a
bill or joint resolution under this subsection is not
debatable. A motion to recommit a bill or joint resolution
under this subsection is not in order.
(5) Amendments prohibited.--No amendment to a bill or joint
resolution considered under this subsection shall be in order
in the Senate or the House of Representatives. No motion to
suspend the application of this paragraph shall be in order
in either House, nor shall it be in order in either House to
suspend the application of this paragraph by unanimous
consent.
(6) Requirement to make available for obligation.--Any
amount of discretionary budget authority proposed to be
rescinded in a special message transmitted to Congress under
paragraph (2) shall be made available for obligation on the
day after the date on which either House defeats the bill or
joint resolution transmitted with that special message.
(7) Definitions.--For purposes of this subsection--
(A) continuity of a session of either House of Congress
shall be considered as broken only by an adjournment of that
House sine die, and the days on which that House is not in
session because of an adjournment of more than 3 days to a
date certain shall be excluded in the computation of any
period; and
(B) the term ``discretionary budget authority'' means the
dollar amount of discretionary budget authority and
obligation limitations--
(i) specified in the American Recovery and Reinvestment Act
(Public Law 111-5), or the dollar amount of budget authority
required to be allocated by a specific proviso in an
appropriation law for which a specific dollar figure was not
included;
(ii) represented separately in any table, chart, or
explanatory text included in the statement of managers or the
governing committee report accompanying such law;
(iii) required to be allocated for a specific program,
project, or activity in a law (other than an appropriation
law) that mandates obligations from or within accounts,
programs, projects, or activities for which budget authority
or an obligation limitation is provided in an appropriation
law;
(iv) represented by the product of the estimated
procurement cost and the total quantity of items specified in
an appropriation law or included in the statement of managers
or the governing committee report accompanying such law; or
(v) represented by the product of the estimated procurement
cost and the total quantity of items required to be provided
in a law (other than an appropriation law) that mandates
obligations from accounts, programs, projects, or activities
for which dollar amount of discretionary budget authority or
an obligation limitation is provided in an appropriation law.
(8) Conforming amendment.--Section 1014(e)(1) of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 685(e)(1)) is amended--
(A) in subparagraphs (A) and (B), by striking ``he'' each
place such term appears and inserting ``the President'';
(B) in subparagraph (A), by striking ``and'' at the end;
(C) by redesignating subparagraph (B) as subparagraph (C);
and
(D) by inserting after subparagraph (A) the following:
``(ii) the President has transmitted a special message
under section _(c) of the Short Term Accelerated Retirement
of Inefficient Vehicles Act of 2009 with respect to a
proposed rescission; and''.
(d) Sunset Provision.--Subection (c) shall be repealed on
the date on which regulations are promulgated under
subsection (b)(4).
______

SA 1279. Mr. CORKER submitted an amendment intended to be proposed by
him to the bill H.R. 1256, to protect the public health by providing
the Food and Drug Administration with certain authority to regulate
tobacco products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. AUTHORITY OF THE SECRETARY OF THE TREASURY TO
DELEGATE TARP ASSET MANAGEMENT; CREATION OF
MANAGEMENT AUTHORITY FOR AUTOMOBILE
MANUFACTURERS ASSISTED UNDER TARP.

(a) Authority to Designate Management.--Section 106(b) of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5216(b)) is amended by inserting before the period at the end
the following: ``, and the Secretary may delegate such
management

[[Page S6279]]

authority to a private entity, as the Secretary determines
appropriate, with respect to any entity assisted under this
Act''.
(b) Federal Assistance Limited.--Notwithstanding any
provision of the Emergency Economic Stabilization Act of
2008, or any other provision of law, no funds may be expended
under the Emergency Economic Stabilization Act of 2008
(Public Law 110-343) or to carry out the Advanced Technology
Vehicles Manufacturing Incentive Program established under
section 136 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17013) on or after the date of enactment of
this Act, until the Secretary of the Treasury transfers all
voting, nonvoting, and common equity in any designated
automobile manufacturer to a limited liability company
established by the Secretary for such purpose, to be held and
managed in trust on behalf of the United States taxpayers.
(c) Appointment of Trustees.--
(1) In general.--The President shall appoint 3 independent
trustees to manage the equity held in the trust, separate and
apart from the United States Government.
(2) Criteria.--Trustees appointed under this subsection--
(A) may not be elected or appointed Government officials;
(B) shall serve at the pleasure of the President, and may
be removed for just cause in violation of their fiduciary
responsibilities only; and
(C) shall serve without compensation for their services
under his section.
(d) Duties of Trust.--Pursuant to protecting the interests
and investment of the United States taxpayer, the trust
established under this section shall, with the purpose of
maximizing the profitability of the designated automobile
manufacturers--
(1) exercise the voting rights of the shares of the
taxpayer on all core governance issues;
(2) select the representation on the boards of directors of
any designated automobile manufacturer; and
(3) have a fiduciary duty to the American taxpayer for the
maximization of the return on the investment of the taxpayer
made under the Emergency Economic Stabilization Act of 2008,
in the same manner and to the same extent that any director
of an issuer of securities has with respect to its
shareholders under the securities laws and all applications
of State law.
(e) Liquidation.--The trustees shall liquidate the trust
established under this section, including the assets held by
such trust, not later than December 24, 2011.
(f) Definitions.--As used in this section--
(1) the term ``designated automobile manufacturer'' means
an entity organized under the laws of a State, the primary
business of which is the manufacture of automobiles, and any
affiliate thereof, if such automobile manufacturer--
(A) has received funds under the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), or funds were
obligated under that Act, before the date of enactment of
this Act; and
(B) has filed for bankruptcy protection under chapter 11 of
title 11, United States Code, during the 90-day period
preceding the date of enactment of this Act;
(2) the term ``Secretary'' means the Secretary of the
Treasury or the designee of the Secretary; and
(3) the terms ``director'', ``issuer'', ``securities'', and
``securities laws'' have the same meanings as in section 3 of
the Securities Exchange Act of 1934 (15 U.S.C. 78c).
______

SA 1280. Mr. VOINOVICH (for himself, Mr. Kohl, and Mr. Akaka)
submitted an amendment intended to be proposed by him to the bill H.R.
1256, to protect the public health by providing the Food and Drug
Administration with certain authority to regulate tobacco products, to
amend title 5, United States Code, to make certain modifications in the
Thrift Savings Plan, the Civil Service Retirement System, and the
Federal Employees' Retirement System, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title I of division B, add the following:

SEC. ___. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.
______

SA 1281. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to
protect the public health by providing the Food and Drug Administration
with certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 102, and insert the following:

SEC. 102. REGULATIONS AND APPLICATION OF CERTAIN PROVISIONS.

(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Health and Human
Services shall promulgate interim final regulations to
implement this Act (and the amendments made by this Act). Not
later than 6 months after the date on which the interim final
regulations are promulgated under the preceding sentence, the
Secretary shall promulgate final regulations.
(b) Application of Certain Provisions.--Notwithstanding any
other provision of this Act (or an amendment made by this
Act), the provisions of chapter 5 of title 5, Under States
Code, shall apply to this Act (and amendments).
______

SA 1282. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mr.
Voinovich) submitted an amendment intended to be proposed by him to the
bill H.R. 1256, to protect the public health by providing the Food and
Drug Administration with certain authority to regulate tobacco
products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title I of division B, add the following:

Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which

[[Page S6280]]

is based on a separation from service occurring on or after
the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.

(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under
sections 8331(20) or 8401(17) of title 5, United States Code,
for purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.
TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

SEC. __1. SHORT TITLE.

This title may be cited as the ``Part-Time Reemployment
of Annuitants Act of 2009''.

SEC. __2. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System.--Section 8344 of
title 5, United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(k)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an
annuitant appointed under a temporary appointment limited to
1 year or less.
``(2) The head of an agency may waive the application of
subsection (a) or (b) with respect to any annuitant who is
employed in such agency as a limited time appointee, if the
head of the agency determines that the employment of the
annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs
of employees;
``(F) assist in the recruitment or retention of
employees; or
``(G) respond to an emergency involving a direct threat
to life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by
that annuitant during the period ending 6 months following
the individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by
that annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver
by the head of an agency under this subsection or section
8468(i) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.

[[Page S6281]]

``(B) If the total number of annuitants to whom a waiver
by the head of an agency under this subsection or section
8468(i) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the
need for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the
report under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel
Management may promulgate regulations providing for the
administration of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited
by law, require employing agencies to provide records of such
employment to the Office of Personnel Management or other
employing agencies as necessary to ensure compliance with
paragraph (3);
``(iii) authorize other administratively convenient
periods substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for the effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees
by any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees
by any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited
time appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) or (b)
shall terminate 5 years after the date of enactment of the
Part-Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and inserting
``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and
inserting ``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of
title 5, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(h)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an
annuitant appointed under a temporary appointment limited to
1 year or less.
``(2) The head of an agency may waive the application of
subsection (a) with respect to any annuitant who is employed
in such agency as a limited time appointee, if the head of
the agency determines that the employment of the annuitant is
necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs
of employees;
``(F) assist in the recruitment or retention of
employees; or
``(G) respond to an emergency involving a direct threat
to life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by
that annuitant during the period ending 6 months following
the individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by
that annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver
by the head of an agency under this subsection or section
8344(l) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver
by the head of an agency under this subsection or section
8344(l) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the
need for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the
report under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel
Management may promulgate regulations providing for the
administration of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited
by law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient
periods substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees
by any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees
by any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited
time appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) shall
terminate 5 years after the date of enactment of the Part-
Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and inserting
``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and
inserting ``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made
by this section may be construed to authorize the waiver of
the hiring preferences under chapter 33 of title 5, United
States Code in selecting annuitants to employ in an
appointive or elective position.
(d) Technical and Conforming Amendments.--Section
1005(d)(2) of title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report regarding the use of the authority
under the amendments made by section __2.
(b) Contents.--The report submitted under subsection (a)
shall--
(1) include the number of annuitants for whom a waiver
was made under subsection (l) of section 8344 of title 5,
United States Code, as amended by this title, or subsection
(i) of section 8468 of title 5, United States Code, as
amended by this title; and
(2) identify each agency that used the authority
described in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined
under sections 8344(l)(1) and 8468(i)(1)(A) of title 5,
United States Code, as added by section __2 of this title)
shall--
(1) collect and maintain data necessary for purposes of
the Comptroller General report submitted under subsection
(a); and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
SA 1283. Mr. AKAKA submitted an amendment intended to be proposed by
him to the bill H.R. 1256, to protect the public health by providing
the Food and Drug Administration with certain authority to regulate
tobacco products,

[[Page S6282]]

to amend title 5, United States Code, to make certain modifications in
the Thrift Savings Plan, the Civil Service Retirement System, and the
Federal Employees' Retirement System, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE ___--NON-FOREIGN AREA RETIREMENT EQUITY ASSURANCE

SEC. _01. SHORT TITLE.

This title may be cited as the ``Non-Foreign Area
Retirement Equity Assurance Act of 2009'' or the ``Non-
Foreign AREA Act of 2009''.

SEC. _02. EXTENSION OF LOCALITY PAY.

(a) Locality-Based Comparability Payments.--Section 5304 of
title 5, United States Code, is amended--
(1) in subsection (f)(1), by striking subparagraph (A) and
inserting the following:
``(A) each General Schedule position in the United States,
as defined under section 5921(4), and its territories and
possessions, including the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands, shall be
included within a pay locality;'';
(2) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B) by striking the period and
inserting ``; and''; and
(iii) by adding after subparagraph (B) the following:
``(C) positions under subsection (h)(1)(C) not covered by
appraisal systems certified under section 5382; and''; and
(B) by adding at the end the following:
``(3) The applicable maximum under this subsection shall be
level II of the Executive Schedule for positions under
subsection (h)(1)(C) covered by appraisal systems certified
under section 5307(d).''; and
(3) in subsection (h)(1)--
(A) in subparagraph (B) by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B) the following:
``(C) a Senior Executive Service position under section
3132 or 3151 or a senior level position under section 5376
stationed within the United States, but outside the 48
contiguous States and the District of Columbia in which the
incumbent was an individual who on the day before the date of
enactment of the Non-Foreign Area Retirement Equity Assurance
Act of 2009 was eligible to receive a cost-of-living
allowance under section 5941; and'';
(D) in clause (iv) in the matter following subparagraph
(D), by inserting ``, except for members covered by
subparagraph (C)'' before the semicolon; and
(E) in clause (v) in the matter following subparagraph (D),
by inserting ``, except for members covered by subparagraph
(C)'' before the semicolon.
(b) Allowances Based on Living Costs and Conditions of
Environment.--Section 5941 of title 5, United States Code, is
amended--
(1) in subsection (a), by adding after the last sentence
``Notwithstanding any preceding provision of this subsection,
the cost-of-living allowance rate based on paragraph (1)
shall be the cost-of-living allowance rate in effect on the
date of enactment of the Non-Foreign Area Retirement Equity
Assurance Act of 2009, except as adjusted under subsection
(c).'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
``(b) This section shall apply only to areas that are
designated as cost-of-living allowance areas as in effect on
December 31, 2009.
``(c)(1) The cost-of-living allowance rate payable under
this section shall be adjusted on the first day of the first
applicable pay period beginning on or after--
``(A) January 1, 2010; and
``(B) January 1 of each calendar year in which a locality-
based comparability adjustment takes effect under section _04
(2) and (3) of the Non-Foreign Area Retirement Equity
Assurance Act of 2009.
``(2)(A) In this paragraph, the term `applicable locality-
based comparability pay percentage' means, with respect to
calendar year 2010 and each calendar year thereafter, the
applicable percentage under section _04 (1), (2), or (3) of
Non-Foreign Area Retirement Equity Assurance Act of 2009.
``(B) Each adjusted cost-of-living allowance rate under
paragraph (1) shall be computed by--
``(i) subtracting 65 percent of the applicable locality-
based comparability pay percentage from the cost-of-living
allowance percentage rate in effect on December 31, 2009; and
``(ii) dividing the resulting percentage determined under
clause (i) by the sum of--
``(I) one; and
``(II) the applicable locality-based comparability payment
percentage expressed as a numeral.
``(3) No allowance rate computed under paragraph (2) may be
less than zero.
``(4) Each allowance rate computed under paragraph (2)
shall be paid as a percentage of basic pay (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special
rate of pay under section 5305 or similar provision of
law).''.

SEC. _03. ADJUSTMENT OF SPECIAL RATES.

(a) In General.--Each special rate of pay established under
section 5305 of title 5, United States Code, and payable in
an area designated as a cost-of-living allowance area under
section 5941(a) of that title, shall be adjusted, on the
dates prescribed by section _04 of this title, in accordance
with regulations prescribed by the Director of the Office of
Personnel Management under section _08 of this title.
(b) Agencies With Statutory Authority.--
(1) In general.--Each special rate of pay established under
an authority described under paragraph (2) and payable in a
location designated as a cost-of-living allowance area under
section 5941(a)(1) of title 5, United States Code, shall be
adjusted in accordance with regulations prescribed by the
applicable head of the agency that are consistent with the
regulations issued by the Director of the Office of Personnel
Management under subsection (a).
(2) Statutory authority.--The authority referred to under
paragraph (1), is any statutory authority that--
(A) is similar to the authority exercised under section
5305 of title 5, United States Code;
(B) is exercised by the head of an agency when the head of
the agency determines it to be necessary in order to obtain
or retain the services of persons specified by statute; and
(C) authorizes the head of the agency to increase the
minimum, intermediate, or maximum rates of basic pay
authorized under applicable statutes and regulations.
(c) Temporary Adjustment.--Regulations issued under
subsection (a) or (b) may provide that statutory limitations
on the amount of such special rates may be temporarily raised
to a higher level during the transition period described in
section _04 ending on the first day of the first pay period
beginning on or after January 1, 2012, at which time any
special rate of pay in excess of the applicable limitation
shall be converted to a retained rate under section 5363 of
title 5, United States Code.

SEC. _04. TRANSITION SCHEDULE FOR LOCALITY-BASED
COMPARABILITY PAYMENTS.

Notwithstanding any other provision of this title or
section 5304 or 5304a of title 5, United States Code, in
implementing the amendments made by this title, for each non-
foreign area determined under section 5941(b) of that title,
the applicable rate for the locality-based comparability
adjustment that is used in the computation required under
section 5941(c) of that title shall be adjusted effective on
the first day of the first pay period beginning on or after
January 1--
(1) in calendar year 2010, by using \1/3\ of the locality
pay percentage for the rest of United States locality pay
area;
(2) in calendar year 2011, by using \2/3\ of the otherwise
applicable comparability payment approved by the President
for each non-foreign area; and
(3) in calendar year 2012 and each subsequent year, by
using the full amount of the applicable comfor each non-
foreign area.

SEC. _05. SAVINGS PROVISION.

(b) Savings Provisions.--
(1) In general.--During the period described under section
_04 of this title, an employee paid a special rate under 5305
of title 5, United States Code, who the day before the date
of enactment of this Act was eligible to receive a cost-of-
living allowance under section 5941 of title 5, United States
Code, and who continues to be officially stationed in an
allowance area, shall receive an increase in the employee's
special rate consistent with increases in the applicable
special rate schedule. For employees in allowance areas, the
minimum step rate for any grade of a special rate schedule
shall be increased at the time of an increase in the
applicable locality rate percentage for the allowance area by
not less than the dollar increase in the locality-based
comparability payment for a non-special rate employee at the
same minimum step provided under section _04 of this title,
and corresponding increases shall be provided for all step
rates of the given pay range.
(2) Continuation of cost of living allowance rate.--If an
employee, who the day before the date of enactment of this
Act was eligible to receive a cost-of-living allowance under
section 5941 of title 5, United States Code, would receive a
rate of basic pay and applicable locality-based comparability
payment which is in excess of the maximum rate limitation set
under section 5304(g) of title 5, United States Code, for his
position (but for that maximum rate limitation) due to the
operation of this title, the employee shall continue to
receive the cost-of-living allowance rate in effect on
December 31, 2009 without adjustment until--
(A) the employee leaves the allowance area or pay system;
or
(B) the employee is entitled to receive basic pay
(including any applicable locality-based comparability
payment or similar supplement) at a higher rate,

but, when any such position becomes vacant, the pay of any
subsequent appointee thereto shall be fixed in the manner
provided by applicable law and regulation.
(3) Locality-based comparability payments.--Any employee
covered under paragraph (2) shall receive any applicable
locality-based comparability payment extended under section
_04 of this title which is not

[[Page S6283]]

in excess of the maximum rate set under section 5304(g) of
title 5, United States Code, for his position including any
future increase to statutory pay limitations under 5318 of
title 5, United States Code. Notwithstanding paragraph (2),
to the extent that an employee covered under that paragraph
receives any amount of locality-based comparability payment,
the cost-of-living allowance rate under that paragraph shall
be reduced accordingly, as provided under section
5941(c)(2)(B) of title 5, United States Code.

SEC. _06. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

(a) In General.--
(1) Definition.--In this subsection, the term ``covered
employee'' means--
(A) any employee who--
(i) on the day before the date of enactment of this Act--

(I) was eligible to be paid a cost-of-living allowance
under 5941 of title 5, United States Code; and
(II) was not eligible to be paid locality-based
comparability payments under 5304 or 5304a of that title; or

(ii) on or after the date of enactment of this Act becomes
eligible to be paid a cost-of-living allowance under 5941 of
title 5, United States Code; or
(B) any employee who--
(i) on the day before the date of enactment of this Act--

(I) was eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) was eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) was employed by the Transportation Security
Administration of the Department of Homeland Security and was
eligible to be paid an allowance based on section 5941 of
title 5, United States Code; or
(IV) was eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code; or

(ii) on or after the date of enactment of this Act--

(I) becomes eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) becomes eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) is employed by the Transportation Security
Administration of the Department of Homeland Security and
becomes eligible to be paid an allowance based on section
5941 of title 5, United States Code; or
(IV) is eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code.

(2) Application to covered employees.--
(A) In general.--Notwithstanding any other provision of
law, for purposes of this title (including the amendments
made by this title) any covered employee shall be treated as
an employee to whom section 5941 of title 5, United States
Code (as amended by section _02 of this title), and section
_04 of this title apply.
(B) Pay fixed by statute.--Pay to covered employees under
section 5304 or 5304a of title 5, United States Code, as a
result of the application of this title shall be considered
to be fixed by statute.
(C) Performance appraisal system.--With respect to a
covered employee who is subject to a performance appraisal
system no part of pay attributable to locality-based
comparability payments as a result of the application of this
title including section 5941 of title 5, United States Code
(as amended by section _02 of this title), may be reduced on
the basis of the performance of that employee.
(b) Postal Employees in Non-Foreign Areas.--
(1) In general.--Section 1005(b) of title 39, United States
Code, is amended--
(A) by inserting ``(1)'' after ``(b)'';
(B) by striking ``Section 5941,'' and inserting ``Except as
provided under paragraph (2), section 5941'';
(C) by striking ``For purposes of such section,'' and
inserting ``Except as provided under paragraph (2), for
purposes of section 5941 of that title,''; and
(D) by adding at the end the following:
``(2) On and after the date of enactment of the Non-Foreign
Area Retirement Equity Assurance Act of 2009--
``(A) the provisions of that Act and section 5941 of title
5 shall apply to officers and employees covered by section
1003 (b) and (c) whose duty station is in a nonforeign area;
and
``(B) with respect to officers and employees of the Postal
Service (other than those officers and employees described
under subparagraph (A)) of section _06(b)(2) of that Act
shall apply.''.
(2) Continuation of cost of living allowance.--
(A) In general.--Notwithstanding any other provision of
this title, any employee of the Postal Service (other than an
employee covered by section 1003 (b) and (c) of title 39,
United States Code, whose duty station is in a nonforeign
area) who is paid an allowance under section 1005(b) of that
title shall be treated for all purposes as if the provisions
of this title (including the amendments made by this title)
had not been enacted, except that the cost-of-living
allowance rate paid to that employee--
(i) may result in the allowance exceeding 25 percent of the
rate of basic pay of that employee; and
(ii) shall be the greater of--

(I) the cost-of-living allowance rate in effect on December
31, 2009 for the applicable area; or
(II) the applicable locality-based comparability pay
percentage under section _04.

(B) Rule of construction.--Nothing in this title shall be
construed to--
(i) provide for an employee described under subparagraph
(A) to be a covered employee as defined under subsection (a);
or
(ii) authorize an employee described under subparagraph (A)
to file an election under section _07 of this title.

SEC. _07. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY
COMPUTATION BY EMPLOYEES.

(a) Definition.--In this section the term ``covered
employee'' means any employee--
(1) to whom section _04 applies;
(2) who is separated from service by reason of retirement
under chapter 83 or 84 of title 5, United States Code, during
the period of January 1, 2010, through December 31, 2012; and
(3) who files an election with the Office of Personnel
Management under subsection (b).
(b) Election.--
(1) In general.--An employee described under subsection (a)
(1) and (2) may file an election with the Office of Personnel
Management to be covered under this section.
(2) Deadline.--An election under this subsection may be
filed not later than December 31, 2012.
(c) Computation of Annuity.--
(1) In general.--Except as provided under paragraph (2),
for purposes of the computation of an annuity of a covered
employee any cost-of-living allowance under section 5941 of
title 5, United States Code, paid to that employee during the
first applicable pay period beginning on or after January 1,
2010 through the first applicable pay period ending on or
after December 31, 2012, shall be considered basic pay as
defined under section 8331(3) or 8401(4) of that title.
(2) Limitation.--The amount of the cost-of-living allowance
which may be considered basic pay under paragraph (1) may not
exceed the amount of the locality-based comparability
payments the employee would have received during that period
for the applicable pay area if the limitation under section
_04 of this title did not apply.
(d) Civil Service Retirement and Disability Retirement
Fund.--
(1) Employee contributions.--A covered employee shall pay
into the Civil Service Retirement and Disability Retirement
Fund--
(A) an amount equal to the difference between--
(i) employee contributions that would have been deducted
and withheld from pay under section 8334 or 8422 of title 5,
United States Code, during the period described under
subsection (c) of this section if the cost-of-living
allowances described under that subsection had been treated
as basic pay under section 8331(3) or 8401(4) of title 5,
United States Code; and
(ii) employee contributions that were actually deducted and
withheld from pay under section 8334 or 8422 of title 5,
United States Code, during that period; and
(B) interest as prescribed under section 8334(e) of title
5, United States Code, based on the amount determined under
subparagraph (A).
(2) Agency contributions.--
(A) In general.--The employing agency of a covered employee
shall pay into the Civil Service Retirement and Disability
Retirement Fund an amount for applicable agency contributions
based on payments made under paragraph (1).
(B) Source.--Amounts paid under this paragraph shall be
contributed from the appropriation or fund used to pay the
employee.
(3) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this section.

SEC. _08. REGULATIONS.

(a) In General.--The Director of the Office of Personnel
Management shall prescribe regulations to carry out this
title, including--
(1) rules for special rate employees described under
section _03;
(2) rules for adjusting rates of basic pay for employees in
pay systems administered by the Office of Personnel
Management when such employees are not entitled to locality-
based comparability payments under section 5304 of title 5,
United States Code, without regard to otherwise applicable
statutory pay limitations during the transition period
described in section _04 ending on the first day of the first
pay period beginning on or after January 1, 2012; and
(3) rules governing establishment and adjustment of saved
or retained rates for any employee whose rate of pay exceeds
applicable pay limitations on the first day of the first pay
period beginning on or after January 1, 2012.
(b) Other Pay Systems.--With the concurrence of the
Director of the Office of Personnel Management, the
administrator of a pay system not administered by the Office
of Personnel Management shall prescribe regulations to carry
out this title with respect to employees in such pay system,
consistent with the regulations prescribed by the Office
under subsection (a). With respect to employees not entitled
to locality-based comparability payments under section 5304
of title 5, United States Code, regulations prescribed under
this subsection may provide

[[Page S6284]]

for special payments or adjustments for employees who were
eligible to receive a cost-of-living allowance under section
5941 of that title on the date before the date of enactment
of this Act.

SEC. _09. EFFECTIVE DATES.

(a) In General.--Except as provided by subsection (b), this
title (including the amendments made by this title) shall
take effect on the date of enactment of this Act.
(b) Locality Pay and Schedule.--The amendments made by
section _02 and the provisions of section _04 shall take
effect on the first day of the first applicable pay period
beginning on or after January 1, 2010.
______

SA 1284. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 1225 submitted by Mr. Coburn and intended to be
proposed to the bill H.R. 1256, to protect the public health by
providing the Food and Drug Administration with certain authority to
regulate tobacco products, to amend title 5, United States Code, to
make certain modifications in the Thrift Savings Plan, the Civil
Service Retirement System, and the Federal Employees' Retirement
System, and for other purposes; which was ordered to lie on the table;
as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. __. IMMEDIATE, MANDATORY EVALUATION OF POTENTIAL
VIOLATIONS OF THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT.

(a) Immediate, Mandatory Evaluation and Report.--
(1) Immediate, mandatory evaluation.--The Secretary of
Health and Human Services shall conduct an evaluation of the
manufacture, distribution, and use of marijuana in States
that have enacted laws legalizing, decriminalizing, or
otherwise allowing the use of marijuana for purported medical
use to determine--
(A) whether such activity conflicts with any provision of
Federal law for which the Department of Health of Human
Services is responsible; and
(B) whether such medical marijuana programs conflict with
any provision of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) that is designed to ensure the safety and
effectiveness of drugs used by the American public.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, and after an opportunity for public
comment, the Secretary of Health and Human Services shall
submit to Congress a report concerning the findings of the
evaluation conducted under paragraph (1).
(b) Report on Research.--The Secretary of Health and Human
Services shall report to Congress on efforts to respond to
privately-funded research to evaluate marijuana for possible
prescription use, after being subjected to the full
regulatory processes, evaluations, and requirements of the
Food and Drug Administration, including Phase II and III
studies, risk evaluation and mitigation strategy, and all
other requirements of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.) regarding safe and effective
reviews, approval, sale, marketing, and use of
pharmaceuticals.
______

SA 1285. Mrs. HAGAN submitted an amendment intended to be proposed by
her to the bill H.R. 1256, to protect the public health by providing
the Food and Drug Administration with certain authority to regulate
tobacco products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

On page 69, strike line 24 and insert the following:

``taining domestically grown tobacco; and
``(E) shall require that all tobacco product testing on
domestic and foreign manufacturers' products, to determine
compliance with standards under this section, be performed in
laboratories accredited by the Secretary (or by an
accreditation body recognized by the Secretary) for such
purpose, in accordance with the procedures established by the
Secretary.
______

SA 1286. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the bill H.R. 1256, to protect the public health by providing
the Food and Drug Administration with certain authority to regulate
tobacco products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place in division A, insert the
following:

SEC. __. IMMEDIATE, MANDATORY EVALUATION OF POTENTIAL
VIOLATIONS OF THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT.

(a) Immediate, Mandatory Evaluation and Report.--
(1) Immediate, mandatory evaluation.--The Secretary of
Health and Human Services shall conduct an evaluation of the
manufacture, distribution, and use of marijuana in States
that have enacted laws legalizing, decriminalizing, or
otherwise allowing the use of marijuana for purported medical
use to determine--
(A) whether such activity conflicts with any provision of
Federal law for which the Department of Health of Human
Services is responsible; and
(B) whether such medical marijuana programs conflict with
any provision of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) that is designed to ensure the safety and
effectiveness of drugs used by the American public.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, and after an opportunity for public
comment, the Secretary of Health and Human Services shall
submit to Congress a report concerning the findings of the
evaluation conducted under paragraph (1).
(b) Report on Research.--The Secretary of Health and Human
Services shall report to Congress on efforts to respond to
privately-funded research to evaluate marijuana for possible
prescription use, after being subjected to the full
regulatory processes, evaluations, and requirements of the
Food and Drug Administration, including Phase II and III
studies, risk evaluation and mitigation strategy, and all
other requirements of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.) regarding safe and effective
reviews, approval, sale, marketing, and use of
pharmaceuticals.
______

SA 1287. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 1256, to protect the public health by providing
the Food and Drug Administration with certain authority to regulate
tobacco products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

On page 23, strike lines 4 through 16, and insert the
following:
``(3) Cigarette.--The term `cigarette' means a product that
is a tobacco product and that--
``(A) meets the definition of the term `cigarette' in
section 3(1) of the Federal Cigarette Labeling and
Advertising Act; or
``(B) because of its appearance, the type of tobacco used
in the filler, or its packaging and labeling, is likely to be
offered to, or purchase by, consumers as a cigarette or as
roll-your-own tobacco.''.
______

SA 1288. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 1256, to protect the public health by providing
the Food and Drug Administration with certain authority to regulate
tobacco products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

On page 23, line 8, strike ``section 3(1)'' and insert
``section 3(1)(A) or section 3(1)(B)''.
______

SA 1289. Mr. LIEBERMAN submitted an amendment intended to be proposed
by him to the bill H.R. 1256, to protect the public health by providing
the Food and Drug Administration with certain authority to regulate
tobacco products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title I of division B, add the following:

Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused

[[Page S6285]]

sick leave to his credit include any unused sick leave
standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.
(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under
sections 8331(20) or 8401(17) of title 5, United States Code,
for purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.
______

SA 1290. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mr.
Voinovich) submitted an amendment intended to be proposed by him to the
bill H.R. 1256, to protect the public health by providing the Food and
Drug Administration with certain authority to regulate tobacco
products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title I of division B, add the following:

Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and

[[Page S6286]]

(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.
(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under
sections 8331(20) or 8401(17) of title 5, United States Code,
for purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.

SEC. 116. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE
EMPLOYEES.

(a) Definition.--In this section the term ``covered
employee'' means an individual who--
(1) was hired as a member of the United States Secret
Service Division during the period beginning on January 1,
1984 through December 31, 1986;
(2) has actively performed duties other than clerical for
10 or more years directly related to the protection mission
of the United States Secret Service described under section
3056 of title 18, United States Code;
(3) is serving as a member of the United States Secret
Service Division or the United

[[Page S6287]]

States Secret Service Uniform Division (or any successor
entity) on the effective date of this section; and
(4) files an election to be a covered employee under
subsection (b)(1).
(b) Election of Coverage.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, an individual described under
subsection (a)(1), (2), and (3) may file an election with the
United States Secret Service to be a covered employee and to
transition to the District of Columbia Police and Fire
Fighter Retirement and Disability System.
(2) Notification.--Not later than 30 days after the date of
enactment of this Act, the Office of Personnel Management and
the United States Secret Service shall notify each individual
described under subsection (a)(1), (2), and (3) that the
individual is qualified to file an election under paragraph
(1).
(c) Retirement Coverage Conversion.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and in consultation with the Secretary
of Homeland Security and the Thrift Savings Board, the Office
of Personnel Management shall prescribe regulations to carry
out the responsibilities of the Federal Government under this
section. The regulations prescribed under this paragraph
shall provide for transition of covered employees from the
Federal Employees' Retirement System to the Civil Service
Retirement System.
(2) Treatment of covered employees.--
(A) Election of coverage.--
(i) In general.--If a covered employee files an election
under subsection (b)(1), the covered employee shall, subject
to clause (ii), be converted from the Federal Employees'
Retirement System to the Civil Service Retirement System.
(ii) Coverage in district of columbia retirement system.--

(I) In general.--Chapter 7 of title 5 of the District of
Columbia Code shall apply with respect to a covered employee
on the date on which the covered employee transitions to the
Civil Service Retirement System.
(II) Authorization for district of columbia.--The
government of the District of Columbia shall provide for the
coverage of covered employees in the District of Columbia
Police and Fire Fighter Retirement and Disability System in
accordance with this section.

(B) Thrift savings plan.--A covered employee shall forfeit,
under procedures prescribed by the Executive Director of the
Federal Retirement Thrift Investment Board, all Thrift
Savings Plan contributions and associated earnings made by an
employing agency pursuant to section 8432(c) of title 5,
United States Code. Any amounts remaining in the Thrift
Savings Plan account of the covered employee may be
transferred to a private account or the District of Columbia
Police and Firefighter Retirement and Disability System.
(C) Forfeiture of social security benefits.--
(i) Contributions.--Upon conversion into the Civil Service
Retirement System, a covered employee shall forfeit all
contributions made for purposes of title II of the Social
Security Act on the basis of the covered employee's
employment with the United States Secret Service under
sections 3101(a) and 3111(a) of the Internal Revenue Code of
1986. All forfeited funds shall remain in the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund, as applicable. Notwithstanding
paragraphs (4) and (5) of section 205(c) of the Social
Security Act, the Commissioner of Social Security may change
or delete any entry with respect to wages of a covered
employee that are forfeited under this clause.
(ii) Benefits.--

(I) In general.--No individual shall be entitled to any
benefit under title II of the Social Security Act based on
any contribution forfeited under clause (i).
(II) No effect on medicare benefits.--Notwithstanding the
forfeiture of contributions by a covered employee under
clause (i), such contributions shall continue to be treated
as having been made while performing medicare qualified
government employment (as defined in section 210(p) of the
Social Security Act) for purposes of sections 226 and 226A of
that Act.

(3) Implementation.--The Office of Personnel Management,
the Department of Homeland Security, the Social Security
Administration, and the Thrift Savings Board shall take such
actions as necessary to provide for the implementation of
this section.
(d) Effective Date.--
(1) In general.--Except as provided under paragraph (2),
this section shall take effect on the first day of the first
applicable pay period that begins 180 days after the date of
enactment of this Act.
(2) Elections and implementation.--Subsections (b) and
(c)(1) and (3) shall take effect on the date of enactment of
this Act.

TITLE ___--NON-FOREIGN AREA RETIREMENT EQUITY ASSURANCE

SEC. _01. SHORT TITLE.

This title may be cited as the ``Non-Foreign Area
Retirement Equity Assurance Act of 2009'' or the ``Non-
Foreign AREA Act of 2009''.

SEC. _02. EXTENSION OF LOCALITY PAY.

(a) Locality-Based Comparability Payments.--Section 5304 of
title 5, United States Code, is amended--
(1) in subsection (f)(1), by striking subparagraph (A) and
inserting the following:
``(A) each General Schedule position in the United States,
as defined under section 5921(4), and its territories and
possessions, including the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands, shall be
included within a pay locality;'';
(2) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B) by striking the period and
inserting ``; and''; and
(iii) by adding after subparagraph (B) the following:
``(C) positions under subsection (h)(1)(C) not covered by
appraisal systems certified under section 5382; and''; and
(B) by adding at the end the following:
``(3) The applicable maximum under this subsection shall be
level II of the Executive Schedule for positions under
subsection (h)(1)(C) covered by appraisal systems certified
under section 5307(d).''; and
(3) in subsection (h)(1)--
(A) in subparagraph (B) by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B) the following:
``(C) a Senior Executive Service position under section
3132 or 3151 or a senior level position under section 5376
stationed within the United States, but outside the 48
contiguous States and the District of Columbia in which the
incumbent was an individual who on the day before the date of
enactment of the Non-Foreign Area Retirement Equity Assurance
Act of 2009 was eligible to receive a cost-of-living
allowance under section 5941; and'';
(D) in clause (iv) in the matter following subparagraph
(D), by inserting ``, except for members covered by
subparagraph (C)'' before the semicolon; and
(E) in clause (v) in the matter following subparagraph (D),
by inserting ``, except for members covered by subparagraph
(C)'' before the semicolon.
(b) Allowances Based on Living Costs and Conditions of
Environment.--Section 5941 of title 5, United States Code, is
amended--
(1) in subsection (a), by adding after the last sentence
``Notwithstanding any preceding provision of this subsection,
the cost-of-living allowance rate based on paragraph (1)
shall be the cost-of-living allowance rate in effect on the
date of enactment of the Non-Foreign Area Retirement Equity
Assurance Act of 2009, except as adjusted under subsection
(c).'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
``(b) This section shall apply only to areas that are
designated as cost-of-living allowance areas as in effect on
December 31, 2009.
``(c)(1) The cost-of-living allowance rate payable under
this section shall be adjusted on the first day of the first
applicable pay period beginning on or after--
``(A) January 1, 2010; and
``(B) January 1 of each calendar year in which a locality-
based comparability adjustment takes effect under section _04
(2) and (3) of the Non-Foreign Area Retirement Equity
Assurance Act of 2009.
``(2)(A) In this paragraph, the term `applicable locality-
based comparability pay percentage' means, with respect to
calendar year 2010 and each calendar year thereafter, the
applicable percentage under section _04 (1), (2), or (3) of
Non-Foreign Area Retirement Equity Assurance Act of 2009.
``(B) Each adjusted cost-of-living allowance rate under
paragraph (1) shall be computed by--
``(i) subtracting 65 percent of the applicable locality-
based comparability pay percentage from the cost-of-living
allowance percentage rate in effect on December 31, 2009; and
``(ii) dividing the resulting percentage determined under
clause (i) by the sum of--
``(I) one; and
``(II) the applicable locality-based comparability payment
percentage expressed as a numeral.
``(3) No allowance rate computed under paragraph (2) may be
less than zero.
``(4) Each allowance rate computed under paragraph (2)
shall be paid as a percentage of basic pay (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special
rate of pay under section 5305 or similar provision of
law).''.

SEC. _03. ADJUSTMENT OF SPECIAL RATES.

(a) In General.--Each special rate of pay established under
section 5305 of title 5, United States Code, and payable in
an area designated as a cost-of-living allowance area under
section 5941(a) of that title, shall be adjusted, on the
dates prescribed by section _04 of this title, in accordance
with regulations prescribed by the Director of the Office of
Personnel Management under section _08 of this title.
(b) Agencies With Statutory Authority.--
(1) In general.--Each special rate of pay established under
an authority described under paragraph (2) and payable in a
location designated as a cost-of-living allowance area under
section 5941(a)(1) of title 5, United States Code, shall be
adjusted in accordance with regulations prescribed by the
applicable head of the agency that are consistent with the
regulations issued by the Director of the Office of Personnel
Management under subsection (a).

[[Page S6288]]

(2) Statutory authority.--The authority referred to under
paragraph (1), is any statutory authority that--
(A) is similar to the authority exercised under section
5305 of title 5, United States Code;
(B) is exercised by the head of an agency when the head of
the agency determines it to be necessary in order to obtain
or retain the services of persons specified by statute; and
(C) authorizes the head of the agency to increase the
minimum, intermediate, or maximum rates of basic pay
authorized under applicable statutes and regulations.
(c) Temporary Adjustment.--Regulations issued under
subsection (a) or (b) may provide that statutory limitations
on the amount of such special rates may be temporarily raised
to a higher level during the transition period described in
section _04 ending on the first day of the first pay period
beginning on or after January 1, 2012, at which time any
special rate of pay in excess of the applicable limitation
shall be converted to a retained rate under section 5363 of
title 5, United States Code.

SEC. _04. TRANSITION SCHEDULE FOR LOCALITY-BASED
COMPARABILITY PAYMENTS.

Notwithstanding any other provision of this title or
section 5304 or 5304a of title 5, United States Code, in
implementing the amendments made by this title, for each non-
foreign area determined under section 5941(b) of that title,
the applicable rate for the locality-based comparability
adjustment that is used in the computation required under
section 5941(c) of that title shall be adjusted effective on
the first day of the first pay period beginning on or after
January 1--
(1) in calendar year 2010, by using \1/3\ of the locality
pay percentage for the rest of United States locality pay
area;
(2) in calendar year 2011, by using \2/3\ of the otherwise
applicable comparability payment approved by the President
for each non-foreign area; and
(3) in calendar year 2012 and each subsequent year, by
using the full amount of the applicable comparability payment
approved by the President for each non-foreign area.

SEC. _05. SAVINGS PROVISION.

(a) In General.--During the period described under section
_04 of this title, an employee paid a special rate under 5305
of title 5, United States Code, who the day before the date
of enactment of this Act was eligible to receive a cost-of-
living allowance under section 5941 of title 5, United States
Code, and who continues to be officially stationed in an
allowance area, shall receive an increase in the employee's
special rate consistent with increases in the applicable
special rate schedule. For employees in allowance areas, the
minimum step rate for any grade of a special rate schedule
shall be increased at the time of an increase in the
applicable locality rate percentage for the allowance area by
not less than the dollar increase in the locality-based
comparability payment for a non-special rate employee at the
same minimum step provided under section _04 of this title,
and corresponding increases shall be provided for all step
rates of the given pay range.
(b) Continuation of Cost of Living Allowance Rate.--If an
employee, who the day before the date of enactment of this
Act was eligible to receive a cost-of-living allowance under
section 5941 of title 5, United States Code, would receive a
rate of basic pay and applicable locality-based comparability
payment which is in excess of the maximum rate limitation set
under section 5304(g) of title 5, United States Code, for his
position (but for that maximum rate limitation) due to the
operation of this title, the employee shall continue to
receive the cost-of-living allowance rate in effect on
December 31, 2009 without adjustment until--
(1) the employee leaves the allowance area or pay system;
or
(2) the employee is entitled to receive basic pay
(including any applicable locality-based comparability
payment or similar supplement) at a higher rate,

but, when any such position becomes vacant, the pay of any
subsequent appointee thereto shall be fixed in the manner
provided by applicable law and regulation.
(c) Locality-Based Comparability Payments.--Any employee
covered under subsection (b) shall receive any applicable
locality-based comparability payment extended under section
_04 of this title which is not in excess of the maximum rate
set under section 5304(g) of title 5, United States Code, for
his position including any future increase to statutory pay
limitations under 5318 of title 5, United States Code.
Notwithstanding subsection (b), to the extent that an
employee covered under that subsection receives any amount of
locality-based comparability payment, the cost-of-living
allowance rate under that subsection shall be reduced
accordingly, as provided under section 5941(c)(2)(B) of title
5, United States Code.

SEC. _06. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

(a) In General.--
(1) Definition.--In this subsection, the term ``covered
employee'' means--
(A) any employee who--
(i) on the day before the date of enactment of this Act--

(I) was eligible to be paid a cost-of-living allowance
under 5941 of title 5, United States Code; and
(II) was not eligible to be paid locality-based
comparability payments under 5304 or 5304a of that title; or

(ii) on or after the date of enactment of this Act becomes
eligible to be paid a cost-of-living allowance under 5941 of
title 5, United States Code; or
(B) any employee who--
(i) on the day before the date of enactment of this Act--

(I) was eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) was eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) was employed by the Transportation Security
Administration of the Department of Homeland Security and was
eligible to be paid an allowance based on section 5941 of
title 5, United States Code; or
(IV) was eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code; or

(ii) on or after the date of enactment of this Act--

(I) becomes eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) becomes eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) is employed by the Transportation Security
Administration of the Department of Homeland Security and
becomes eligible to be paid an allowance based on section
5941 of title 5, United States Code; or
(IV) is eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code.

(2) Application to covered employees.--
(A) In general.--Notwithstanding any other provision of
law, for purposes of this title (including the amendments
made by this title) any covered employee shall be treated as
an employee to whom section 5941 of title 5, United States
Code (as amended by section _02 of this title), and section
_04 of this title apply.
(B) Pay fixed by statute.--Pay to covered employees under
section 5304 or 5304a of title 5, United States Code, as a
result of the application of this title shall be considered
to be fixed by statute.
(C) Performance appraisal system.--With respect to a
covered employee who is subject to a performance appraisal
system no part of pay attributable to locality-based
comparability payments as a result of the application of this
title including section 5941 of title 5, United States Code
(as amended by section _02 of this title), may be reduced on
the basis of the performance of that employee.
(b) Postal Employees in Non-Foreign Areas.--
(1) In general.--Section 1005(b) of title 39, United States
Code, is amended--
(A) by inserting ``(1)'' after ``(b)'';
(B) by striking ``Section 5941,'' and inserting ``Except as
provided under paragraph (2), section 5941'';
(C) by striking ``For purposes of such section,'' and
inserting ``Except as provided under paragraph (2), for
purposes of section 5941 of that title,''; and
(D) by adding at the end the following:
``(2) On and after the date of enactment of the Non-Foreign
Area Retirement Equity Assurance Act of 2009--
``(A) the provisions of that Act and section 5941 of title
5 shall apply to officers and employees covered by section
1003 (b) and (c) whose duty station is in a nonforeign area;
and
``(B) with respect to officers and employees of the Postal
Service (other than those officers and employees described
under subparagraph (A)) of section _06(b)(2) of that Act
shall apply.''.
(2) Continuation of cost of living allowance.--
(A) In general.--Notwithstanding any other provision of
this title, any employee of the Postal Service (other than an
employee covered by section 1003 (b) and (c) of title 39,
United States Code, whose duty station is in a nonforeign
area) who is paid an allowance under section 1005(b) of that
title shall be treated for all purposes as if the provisions
of this title (including the amendments made by this title)
had not been enacted, except that the cost-of-living
allowance rate paid to that employee--
(i) may result in the allowance exceeding 25 percent of the
rate of basic pay of that employee; and
(ii) shall be the greater of--

(I) the cost-of-living allowance rate in effect on December
31, 2009 for the applicable area; or
(II) the applicable locality-based comparability pay
percentage under section _04.

(B) Rule of construction.--Nothing in this title shall be
construed to--
(i) provide for an employee described under subparagraph
(A) to be a covered employee as defined under subsection (a);
or
(ii) authorize an employee described under subparagraph (A)
to file an election under section _07 of this title.

SEC. _07. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY
COMPUTATION BY EMPLOYEES.

(a) Definition.--In this section the term ``covered
employee'' means any employee--
(1) to whom section _04 applies;
(2) who is separated from service by reason of retirement
under chapter 83 or 84 of title 5, United States Code, during
the period of

[[Page S6289]]

January 1, 2010, through December 31, 2012; and
(3) who files an election with the Office of Personnel
Management under subsection (b).
(b) Election.--
(1) In general.--An employee described under subsection (a)
(1) and (2) may file an election with the Office of Personnel
Management to be covered under this section.
(2) Deadline.--An election under this subsection may be
filed not later than December 31, 2012.
(c) Computation of Annuity.--
(1) In general.--Except as provided under paragraph (2),
for purposes of the computation of an annuity of a covered
employee any cost-of-living allowance under section 5941 of
title 5, United States Code, paid to that employee during the
first applicable pay period beginning on or after January 1,
2010 through the first applicable pay period ending on or
after December 31, 2012, shall be considered basic pay as
defined under section 8331(3) or 8401(4) of that title.
(2) Limitation.--The amount of the cost-of-living allowance
which may be considered basic pay under paragraph (1) may not
exceed the amount of the locality-based comparability
payments the employee would have received during that period
for the applicable pay area if the limitation under section
_04 of this title did not apply.
(d) Civil Service Retirement and Disability Retirement
Fund.--
(1) Employee contributions.--A covered employee shall pay
into the Civil Service Retirement and Disability Retirement
Fund--
(A) an amount equal to the difference between--
(i) employee contributions that would have been deducted
and withheld from pay under section 8334 or 8422 of title 5,
United States Code, during the period described under
subsection (c) of this section if the cost-of-living
allowances described under that subsection had been treated
as basic pay under section 8331(3) or 8401(4) of title 5,
United States Code; and
(ii) employee contributions that were actually deducted and
withheld from pay under section 8334 or 8422 of title 5,
United States Code, during that period; and
(B) interest as prescribed under section 8334(e) of title
5, United States Code, based on the amount determined under
subparagraph (A).
(2) Agency contributions.--
(A) In general.--The employing agency of a covered employee
shall pay into the Civil Service Retirement and Disability
Retirement Fund an amount for applicable agency contributions
based on payments made under paragraph (1).
(B) Source.--Amounts paid under this paragraph shall be
contributed from the appropriation or fund used to pay the
employee.
(3) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this section.

SEC. _08. REGULATIONS.

(a) In General.--The Director of the Office of Personnel
Management shall prescribe regulations to carry out this
title, including--
(1) rules for special rate employees described under
section _03;
(2) rules for adjusting rates of basic pay for employees in
pay systems administered by the Office of Personnel
Management when such employees are not entitled to locality-
based comparability payments under section 5304 of title 5,
United States Code, without regard to otherwise applicable
statutory pay limitations during the transition period
described in section _04 ending on the first day of the first
pay period beginning on or after January 1, 2012; and
(3) rules governing establishment and adjustment of saved
or retained rates for any employee whose rate of pay exceeds
applicable pay limitations on the first day of the first pay
period beginning on or after January 1, 2012.
(b) Other Pay Systems.--With the concurrence of the
Director of the Office of Personnel Management, the
administrator of a pay system not administered by the Office
of Personnel Management shall prescribe regulations to carry
out this title with respect to employees in such pay system,
consistent with the regulations prescribed by the Office
under subsection (a). With respect to employees not entitled
to locality-based comparability payments under section 5304
of title 5, United States Code, regulations prescribed under
this subsection may provide for special payments or
adjustments for employees who were eligible to receive a
cost-of-living allowance under section 5941 of that title on
the date before the date of enactment of this Act.

SEC. _09. EFFECTIVE DATES.

(a) In General.--Except as provided by subsection (b), this
title (including the amendments made by this title) shall
take effect on the date of enactment of this Act.
(b) Locality Pay and Schedule.--The amendments made by
section _02 and the provisions of section _04 shall take
effect on the first day of the first applicable pay period
beginning on or after January 1, 2010.

TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

SEC. __1. SHORT TITLE.

This title may be cited as the ``Part-Time Reemployment of
Annuitants Act of 2009''.

SEC. __2. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System.--Section 8344 of title
5, United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(k)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) or (b) with respect to any annuitant who is
employed in such agency as a limited time appointee, if the
head of the agency determines that the employment of the
annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office of Personnel Management or other
employing agencies as necessary to ensure compliance with
paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for the effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) or (b)
shall terminate 5 years after the date of enactment of the
Part-Time Reemployment of Annuitants Act of 2009.''; and

[[Page S6290]]

(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and inserting
``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and inserting
``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of
title 5, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(h)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) with respect to any annuitant who is employed
in such agency as a limited time appointee, if the head of
the agency determines that the employment of the annuitant is
necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) shall
terminate 5 years after the date of enactment of the Part-
Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and inserting
``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and inserting
``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made
by this section may be construed to authorize the waiver of
the hiring preferences under chapter 33 of title 5, United
States Code in selecting annuitants to employ in an
appointive or elective position.
(d) Technical and Conforming Amendments.--Section
1005(d)(2) of title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report regarding the use of the authority
under the amendments made by section __2.
(b) Contents.--The report submitted under subsection (a)
shall--
(1) include the number of annuitants for whom a waiver was
made under subsection (l) of section 8344 of title 5, United
States Code, as amended by this title, or subsection (i) of
section 8468 of title 5, United States Code, as amended by
this title; and
(2) identify each agency that used the authority described
in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined under
sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United
States Code, as added by section __2 of this title) shall--
(1) collect and maintain data necessary for purposes of the
Comptroller General report submitted under subsection (a);
and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
______

SA 1291. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, Mr.
Voinovich, Ms. Murkowski, Mr. Inouye, Mr. Begich, Ms. Mikulski, and Mr.
Kohl) submitted an amendment intended to be proposed by him to the bill
H.R. 1256, to protect the public health by providing the Food and Drug
Administration with certain authority to regulate tobacco products, to
amend title 5, United States Code, to make certain modifications in the
Thrift Savings Plan, the Civil Service Retirement System, and the
Federal Employees' Retirement System, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title I of division B, add the following:

Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

[[Page S6291]]

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.

(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under
sections 8331(20) or 8401(17) of title 5, United States Code,
for purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.

SEC. 116. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE
EMPLOYEES.

(a) Definition.--In this section the term ``covered
employee'' means an individual who--
(1) was hired as a member of the United States Secret
Service Division during the period beginning on January 1,
1984 through December 31, 1986;
(2) has actively performed duties other than clerical for
10 or more years directly related to the protection mission
of the United States Secret Service described under section
3056 of title 18, United States Code;
(3) is serving as a member of the United States Secret
Service Division or the United States Secret Service Uniform
Division (or any successor entity) on the effective date of
this section; and
(4) files an election to be a covered employee under
subsection (b)(1).
(b) Election of Coverage.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, an individual described under
subsection (a)(1), (2), and (3) may file an election with the
United States Secret Service to be a covered employee and to
transition to the District of Columbia Police and Fire
Fighter Retirement and Disability System.
(2) Notification.--Not later than 30 days after the date of
enactment of this Act, the Office of Personnel Management and
the United States Secret Service shall notify each individual
described under subsection (a)(1), (2), and (3) that the
individual is qualified to file an election under paragraph
(1).
(c) Retirement Coverage Conversion.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and in consultation with the Secretary
of Homeland Security and the Thrift Savings Board, the Office
of Personnel Management shall prescribe regulations to carry
out the responsibilities of the Federal Government under this
section. The regulations prescribed under this paragraph
shall provide for transition of covered employees from the
Federal Employees' Retirement System to the Civil Service
Retirement System.
(2) Treatment of covered employees.--
(A) Election of coverage.--
(i) In general.--If a covered employee files an election
under subsection (b)(1), the covered employee shall, subject
to clause (ii), be converted from the Federal Employees'
Retirement System to the Civil Service Retirement System.

[[Page S6292]]

(ii) Coverage in district of columbia retirement system.--

(I) In general.--Chapter 7 of title 5 of the District of
Columbia Code shall apply with respect to a covered employee
on the date on which the covered employee transitions to the
Civil Service Retirement System.
(II) Authorization for district of columbia.--The
government of the District of Columbia shall provide for the
coverage of covered employees in the District of Columbia
Police and Fire Fighter Retirement and Disability System in
accordance with this section.

(B) Thrift savings plan.--A covered employee shall forfeit,
under procedures prescribed by the Executive Director of the
Federal Retirement Thrift Investment Board, all Thrift
Savings Plan contributions and associated earnings made by an
employing agency pursuant to section 8432(c) of title 5,
United States Code. Any amounts remaining in the Thrift
Savings Plan account of the covered employee may be
transferred to a private account or the District of Columbia
Police and Firefighter Retirement and Disability System.
(C) Forfeiture of social security benefits.--
(i) Contributions.--Upon conversion into the Civil Service
Retirement System, a covered employee shall forfeit all
contributions made for purposes of title II of the Social
Security Act on the basis of the covered employee's
employment with the United States Secret Service under
sections 3101(a) and 3111(a) of the Internal Revenue Code of
1986. All forfeited funds shall remain in the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund, as applicable. Notwithstanding
paragraphs (4) and (5) of section 205(c) of the Social
Security Act, the Commissioner of Social Security may change
or delete any entry with respect to wages of a covered
employee that are forfeited under this clause.
(ii) Benefits.--

(I) In general.--No individual shall be entitled to any
benefit under title II of the Social Security Act based on
any contribution forfeited under clause (i).
(II) No effect on medicare benefits.--Notwithstanding the
forfeiture of contributions by a covered employee under
clause (i), such contributions shall continue to be treated
as having been made while performing medicare qualified
government employment (as defined in section 210(p) of the
Social Security Act) for purposes of sections 226 and 226A of
that Act.

(3) Implementation.--The Office of Personnel Management,
the Department of Homeland Security, the Social Security
Administration, and the Thrift Savings Board shall take such
actions as necessary to provide for the implementation of
this section.
(d) Effective Date.--
(1) In general.--Except as provided under paragraph (2),
this section shall take effect on the first day of the first
applicable pay period that begins 180 days after the date of
enactment of this Act.
(2) Elections and implementation.--Subsections (b) and
(c)(1) and (3) shall take effect on the date of enactment of
this Act.

TITLE ___--NON-FOREIGN AREA RETIREMENT EQUITY ASSURANCE

SEC. _01. SHORT TITLE.

This title may be cited as the ``Non-Foreign Area
Retirement Equity Assurance Act of 2009'' or the ``Non-
Foreign AREA Act of 2009''.

SEC. _02. EXTENSION OF LOCALITY PAY.

(a) Locality-Based Comparability Payments.--Section 5304 of
title 5, United States Code, is amended--
(1) in subsection (f)(1), by striking subparagraph (A) and
inserting the following:
``(A) each General Schedule position in the United States,
as defined under section 5921(4), and its territories and
possessions, including the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands, shall be
included within a pay locality;'';
(2) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B) by striking the period and
inserting ``; and''; and
(iii) by adding after subparagraph (B) the following:
``(C) positions under subsection (h)(1)(C) not covered by
appraisal systems certified under section 5382; and''; and
(B) by adding at the end the following:
``(3) The applicable maximum under this subsection shall be
level II of the Executive Schedule for positions under
subsection (h)(1)(C) covered by appraisal systems certified
under section 5307(d).''; and
(3) in subsection (h)(1)--
(A) in subparagraph (B) by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B) the following:
``(C) a Senior Executive Service position under section
3132 or 3151 or a senior level position under section 5376
stationed within the United States, but outside the 48
contiguous States and the District of Columbia in which the
incumbent was an individual who on the day before the date of
enactment of the Non-Foreign Area Retirement Equity Assurance
Act of 2009 was eligible to receive a cost-of-living
allowance under section 5941; and'';
(D) in clause (iv) in the matter following subparagraph
(D), by inserting ``, except for members covered by
subparagraph (C)'' before the semicolon; and
(E) in clause (v) in the matter following subparagraph (D),
by inserting ``, except for members covered by subparagraph
(C)'' before the semicolon.
(b) Allowances Based on Living Costs and Conditions of
Environment.--Section 5941 of title 5, United States Code, is
amended--
(1) in subsection (a), by adding after the last sentence
``Notwithstanding any preceding provision of this subsection,
the cost-of-living allowance rate based on paragraph (1)
shall be the cost-of-living allowance rate in effect on the
date of enactment of the Non-Foreign Area Retirement Equity
Assurance Act of 2009, except as adjusted under subsection
(c).'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
``(b) This section shall apply only to areas that are
designated as cost-of-living allowance areas as in effect on
December 31, 2009.
``(c)(1) The cost-of-living allowance rate payable under
this section shall be adjusted on the first day of the first
applicable pay period beginning on or after--
``(A) January 1, 2010; and
``(B) January 1 of each calendar year in which a locality-
based comparability adjustment takes effect under section _04
(2) and (3) of the Non-Foreign Area Retirement Equity
Assurance Act of 2009.
``(2)(A) In this paragraph, the term `applicable locality-
based comparability pay percentage' means, with respect to
calendar year 2010 and each calendar year thereafter, the
applicable percentage under section _04 (1), (2), or (3) of
Non-Foreign Area Retirement Equity Assurance Act of 2009.
``(B) Each adjusted cost-of-living allowance rate under
paragraph (1) shall be computed by--
``(i) subtracting 65 percent of the applicable locality-
based comparability pay percentage from the cost-of-living
allowance percentage rate in effect on December 31, 2009; and
``(ii) dividing the resulting percentage determined under
clause (i) by the sum of--
``(I) one; and
``(II) the applicable locality-based comparability payment
percentage expressed as a numeral.
``(3) No allowance rate computed under paragraph (2) may be
less than zero.
``(4) Each allowance rate computed under paragraph (2)
shall be paid as a percentage of basic pay (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special
rate of pay under section 5305 or similar provision of
law).''.

SEC. _03. ADJUSTMENT OF SPECIAL RATES.

(a) In General.--Each special rate of pay established under
section 5305 of title 5, United States Code, and payable in
an area designated as a cost-of-living allowance area under
section 5941(a) of that title, shall be adjusted, on the
dates prescribed by section _04 of this title, in accordance
with regulations prescribed by the Director of the Office of
Personnel Management under section _08 of this title.
(b) Agencies With Statutory Authority.--
(1) In general.--Each special rate of pay established under
an authority described under paragraph (2) and payable in a
location designated as a cost-of-living allowance area under
section 5941(a)(1) of title 5, United States Code, shall be
adjusted in accordance with regulations prescribed by the
applicable head of the agency that are consistent with the
regulations issued by the Director of the Office of Personnel
Management under subsection (a).
(2) Statutory authority.--The authority referred to under
paragraph (1), is any statutory authority that--
(A) is similar to the authority exercised under section
5305 of title 5, United States Code;
(B) is exercised by the head of an agency when the head of
the agency determines it to be necessary in order to obtain
or retain the services of persons specified by statute; and
(C) authorizes the head of the agency to increase the
minimum, intermediate, or maximum rates of basic pay
authorized under applicable statutes and regulations.
(c) Temporary Adjustment.--Regulations issued under
subsection (a) or (b) may provide that statutory limitations
on the amount of such special rates may be temporarily raised
to a higher level during the transition period described in
section _04 ending on the first day of the first pay period
beginning on or after January 1, 2012, at which time any
special rate of pay in excess of the applicable limitation
shall be converted to a retained rate under section 5363 of
title 5, United States Code.

SEC. _04. TRANSITION SCHEDULE FOR LOCALITY-BASED
COMPARABILITY PAYMENTS.

Notwithstanding any other provision of this title or
section 5304 or 5304a of title 5, United States Code, in
implementing the amendments made by this title, for each non-
foreign area determined under section 5941(b) of that title,
the applicable rate for the locality-based comparability
adjustment that is used in the computation required under
section 5941(c) of that title shall be adjusted effective on
the first day of the first pay period beginning on or after
January 1--

[[Page S6293]]

(1) in calendar year 2010, by using \1/3\ of the locality
pay percentage for the rest of United States locality pay
area;
(2) in calendar year 2011, by using \2/3\ of the otherwise
applicable comparability payment approved by the President
for each non-foreign area; and
(3) in calendar year 2012 and each subsequent year, by
using the full amount of the applicable comparability payment
approved by the President for each non-foreign area.

SEC. _05. SAVINGS PROVISION.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the application of this title to any employee should
not result in a decrease in the take home pay of that
employee;
(2) in calendar year 2012 and each subsequent year, no
employee shall receive less than the Rest of the U.S.
locality pay rate;
(3) concurrent with the surveys next conducted under the
provisions of section 5304(d)(1)(A) of title 5, United States
Code, beginning after the date of the enactment of this Act,
the Bureau of Labor Statistics should conduct separate
surveys to determine the extent of any pay disparity (as
defined by section 5302 of that title) that may exist with
respect to positions located in the State of Alaska, the
State of Hawaii, and the United States territories, including
American Samoa, Guam, Commonwealth of the Northern Mariana
Islands, Commonwealth of Puerto Rico, and the United States
Virgin Islands;
(4) if the surveys under paragraph (3) indicate that the
pay disparity determined for the State of Alaska, the State
of Hawaii, or any 1 of the United States territories
including American Samoa, Guam, Commonwealth of the Northern
Mariana Islands, Commonwealth of Puerto Rico, and the United
States Virgin Islands exceeds the pay disparity determined
for the locality which (for purposes of section 5304 of that
title) is commonly known as the ``Rest of the United
States'', the President's Pay Agent should take appropriate
measures to provide that each such surveyed area be treated
as a separate pay locality for purposes of that section; and
(5) the President's Pay Agent will establish 1 locality
area for the entire State of Hawaii and 1 locality area for
the entire State of Alaska.
(b) Savings Provisions.--
(1) In general.--During the period described under section
_04 of this title, an employee paid a special rate under 5305
of title 5, United States Code, who the day before the date
of enactment of this Act was eligible to receive a cost-of-
living allowance under section 5941 of title 5, United States
Code, and who continues to be officially stationed in an
allowance area, shall receive an increase in the employee's
special rate consistent with increases in the applicable
special rate schedule. For employees in allowance areas, the
minimum step rate for any grade of a special rate schedule
shall be increased at the time of an increase in the
applicable locality rate percentage for the allowance area by
not less than the dollar increase in the locality-based
comparability payment for a non-special rate employee at the
same minimum step provided under section _04 of this title,
and corresponding increases shall be provided for all step
rates of the given pay range.
(2) Continuation of cost of living allowance rate.--If an
employee, who the day before the date of enactment of this
Act was eligible to receive a cost-of-living allowance under
section 5941 of title 5, United States Code, would receive a
rate of basic pay and applicable locality-based comparability
payment which is in excess of the maximum rate limitation set
under section 5304(g) of title 5, United States Code, for his
position (but for that maximum rate limitation) due to the
operation of this title, the employee shall continue to
receive the cost-of-living allowance rate in effect on
December 31, 2009 without adjustment until--
(A) the employee leaves the allowance area or pay system;
or
(B) the employee is entitled to receive basic pay
(including any applicable locality-based comparability
payment or similar supplement) at a higher rate,

but, when any such position becomes vacant, the pay of any
subsequent appointee thereto shall be fixed in the manner
provided by applicable law and regulation.
(3) Locality-based comparability payments.--Any employee
covered under paragraph (2) shall receive any applicable
locality-based comparability payment extended under section
_04 of this title which is not in excess of the maximum rate
set under section 5304(g) of title 5, United States Code, for
his position including any future increase to statutory pay
limitations under 5318 of title 5, United States Code.
Notwithstanding paragraph (2), to the extent that an employee
covered under that paragraph receives any amount of locality-
based comparability payment, the cost-of-living allowance
rate under that paragraph shall be reduced accordingly, as
provided under section 5941(c)(2)(B) of title 5, United
States Code.

SEC. _06. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

(a) In General.--
(1) Definition.--In this subsection, the term ``covered
employee'' means--
(A) any employee who--
(i) on the day before the date of enactment of this Act--

(I) was eligible to be paid a cost-of-living allowance
under 5941 of title 5, United States Code; and
(II) was not eligible to be paid locality-based
comparability payments under 5304 or 5304a of that title; or

(ii) on or after the date of enactment of this Act becomes
eligible to be paid a cost-of-living allowance under 5941 of
title 5, United States Code; or
(B) any employee who--
(i) on the day before the date of enactment of this Act--

(I) was eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) was eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) was employed by the Transportation Security
Administration of the Department of Homeland Security and was
eligible to be paid an allowance based on section 5941 of
title 5, United States Code; or
(IV) was eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code; or

(ii) on or after the date of enactment of this Act--

(I) becomes eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) becomes eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) is employed by the Transportation Security
Administration of the Department of Homeland Security and
becomes eligible to be paid an allowance based on section
5941 of title 5, United States Code; or
(IV) is eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code.

(2) Application to covered employees.--
(A) In general.--Notwithstanding any other provision of
law, for purposes of this title (including the amendments
made by this title) any covered employee shall be treated as
an employee to whom section 5941 of title 5, United States
Code (as amended by section _02 of this title), and section
_04 of this title apply.
(B) Pay fixed by statute.--Pay to covered employees under
section 5304 or 5304a of title 5, United States Code, as a
result of the application of this title shall be considered
to be fixed by statute.
(C) Performance appraisal system.--With respect to a
covered employee who is subject to a performance appraisal
system no part of pay attributable to locality-based
comparability payments as a result of the application of this
title including section 5941 of title 5, United States Code
(as amended by section _02 of this title), may be reduced on
the basis of the performance of that employee.
(b) Postal Employees in Non-Foreign Areas.--
(1) In general.--Section 1005(b) of title 39, United States
Code, is amended--
(A) by inserting ``(1)'' after ``(b)'';
(B) by striking ``Section 5941,'' and inserting ``Except as
provided under paragraph (2), section 5941'';
(C) by striking ``For purposes of such section,'' and
inserting ``Except as provided under paragraph (2), for
purposes of section 5941 of that title,''; and
(D) by adding at the end the following:
``(2) On and after the date of enactment of the Non-Foreign
Area Retirement Equity Assurance Act of 2009--
``(A) the provisions of that Act and section 5941 of title
5 shall apply to officers and employees covered by section
1003 (b) and (c) whose duty station is in a nonforeign area;
and
``(B) with respect to officers and employees of the Postal
Service (other than those officers and employees described
under subparagraph (A)) of section _06(b)(2) of that Act
shall apply.''.
(2) Continuation of cost of living allowance.--
(A) In general.--Notwithstanding any other provision of
this title, any employee of the Postal Service (other than an
employee covered by section 1003 (b) and (c) of title 39,
United States Code, whose duty station is in a nonforeign
area) who is paid an allowance under section 1005(b) of that
title shall be treated for all purposes as if the provisions
of this title (including the amendments made by this title)
had not been enacted, except that the cost-of-living
allowance rate paid to that employee--
(i) may result in the allowance exceeding 25 percent of the
rate of basic pay of that employee; and
(ii) shall be the greater of--

(I) the cost-of-living allowance rate in effect on December
31, 2009 for the applicable area; or
(II) the applicable locality-based comparability pay
percentage under section _04.

(B) Rule of construction.--Nothing in this title shall be
construed to--
(i) provide for an employee described under subparagraph
(A) to be a covered employee as defined under subsection (a);
or
(ii) authorize an employee described under subparagraph (A)
to file an election under section _07 of this title.

SEC. _07. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY
COMPUTATION BY EMPLOYEES.

(a) Definition.--In this section the term ``covered
employee'' means any employee--
(1) to whom section _04 applies;

[[Page S6294]]

(2) who is separated from service by reason of retirement
under chapter 83 or 84 of title 5, United States Code, during
the period of January 1, 2010, through December 31, 2012; and
(3) who files an election with the Office of Personnel
Management under subsection (b).
(b) Election.--
(1) In general.--An employee described under subsection (a)
(1) and (2) may file an election with the Office of Personnel
Management to be covered under this section.
(2) Deadline.--An election under this subsection may be
filed not later than December 31, 2012.
(c) Computation of Annuity.--
(1) In general.--Except as provided under paragraph (2),
for purposes of the computation of an annuity of a covered
employee any cost-of-living allowance under section 5941 of
title 5, United States Code, paid to that employee during the
first applicable pay period beginning on or after January 1,
2010 through the first applicable pay period ending on or
after December 31, 2012, shall be considered basic pay as
defined under section 8331(3) or 8401(4) of that title.
(2) Limitation.--The amount of the cost-of-living allowance
which may be considered basic pay under paragraph (1) may not
exceed the amount of the locality-based comparability
payments the employee would have received during that period
for the applicable pay area if the limitation under section
_04 of this title did not apply.
(d) Civil Service Retirement and Disability Retirement
Fund.--
(1) Employee contributions.--A covered employee shall pay
into the Civil Service Retirement and Disability Retirement
Fund--
(A) an amount equal to the difference between--
(i) employee contributions that would have been deducted
and withheld from pay under section 8334 or 8422 of title 5,
United States Code, during the period described under
subsection (c) of this section if the cost-of-living
allowances described under that subsection had been treated
as basic pay under section 8331(3) or 8401(4) of title 5,
United States Code; and
(ii) employee contributions that were actually deducted and
withheld from pay under section 8334 or 8422 of title 5,
United States Code, during that period; and
(B) interest as prescribed under section 8334(e) of title
5, United States Code, based on the amount determined under
subparagraph (A).
(2) Agency contributions.--
(A) In general.--The employing agency of a covered employee
shall pay into the Civil Service Retirement and Disability
Retirement Fund an amount for applicable agency contributions
based on payments made under paragraph (1).
(B) Source.--Amounts paid under this paragraph shall be
contributed from the appropriation or fund used to pay the
employee.
(3) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this section.

SEC. _08. REGULATIONS.

(a) In General.--The Director of the Office of Personnel
Management shall prescribe regulations to carry out this
title, including--
(1) rules for special rate employees described under
section _03;
(2) rules for adjusting rates of basic pay for employees in
pay systems administered by the Office of Personnel
Management when such employees are not entitled to locality-
based comparability payments under section 5304 of title 5,
United States Code, without regard to otherwise applicable
statutory pay limitations during the transition period
described in section _04 ending on the first day of the first
pay period beginning on or after January 1, 2012; and
(3) rules governing establishment and adjustment of saved
or retained rates for any employee whose rate of pay exceeds
applicable pay limitations on the first day of the first pay
period beginning on or after January 1, 2012.
(b) Other Pay Systems.--With the concurrence of the
Director of the Office of Personnel Management, the
administrator of a pay system not administered by the Office
of Personnel Management shall prescribe regulations to carry
out this title with respect to employees in such pay system,
consistent with the regulations prescribed by the Office
under subsection (a). With respect to employees not entitled
to locality-based comparability payments under section 5304
of title 5, United States Code, regulations prescribed under
this subsection may provide for special payments or
adjustments for employees who were eligible to receive a
cost-of-living allowance under section 5941 of that title on
the date before the date of enactment of this Act.

SEC. _09. EFFECTIVE DATES.

(a) In General.--Except as provided by subsection (b), this
title (including the amendments made by this title) shall
take effect on the date of enactment of this Act.
(b) Locality Pay and Schedule.--The amendments made by
section _02 and the provisions of section _04 shall take
effect on the first day of the first applicable pay period
beginning on or after January 1, 2010.

TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

SEC. __1. SHORT TITLE.

This title may be cited as the ``Part-Time Reemployment of
Annuitants Act of 2009''.

SEC. __2. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System.--Section 8344 of title
5, United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(k)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) or (b) with respect to any annuitant who is
employed in such agency as a limited time appointee, if the
head of the agency determines that the employment of the
annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office of Personnel Management or other
employing agencies as necessary to ensure compliance with
paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for the effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).

[[Page S6295]]

``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) or (b)
shall terminate 5 years after the date of enactment of the
Part-Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and inserting
``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and inserting
``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of
title 5, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(h)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) with respect to any annuitant who is employed
in such agency as a limited time appointee, if the head of
the agency determines that the employment of the annuitant is
necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) shall
terminate 5 years after the date of enactment of the Part-
Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and inserting
``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and inserting
``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made
by this section may be construed to authorize the waiver of
the hiring preferences under chapter 33 of title 5, United
States Code in selecting annuitants to employ in an
appointive or elective position.
(d) Technical and Conforming Amendments.--Section
1005(d)(2) of title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report regarding the use of the authority
under the amendments made by section __2.
(b) Contents.--The report submitted under subsection (a)
shall--
(1) include the number of annuitants for whom a waiver was
made under subsection (l) of section 8344 of title 5, United
States Code, as amended by this title, or subsection (i) of
section 8468 of title 5, United States Code, as amended by
this title; and
(2) identify each agency that used the authority described
in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined under
sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United
States Code, as added by section __2 of this title) shall--
(1) collect and maintain data necessary for purposes of the
Comptroller General report submitted under subsection (a);
and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
______

SA 1292. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mr.
Voinovich) submitted an amendment intended to be proposed by him to the
bill H.R. 1256, to protect the public health by providing the Food and
Drug Administration with certain authority to regulate tobacco
products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title I of division B, add the following:

Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by

[[Page S6296]]

striking ``October 1, 1990'' each place it appears and
inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.

(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under
sections 8331(20) or 8401(17) of title 5, United States Code,
for purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.

SEC. 116. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE
EMPLOYEES.

(a) Definition.--In this section the term ``covered
employee'' means an individual who--
(1) was hired as a member of the United States Secret
Service Division during the period beginning on January 1,
1984 through December 31, 1986;
(2) has actively performed duties other than clerical for
10 or more years directly related to the protection mission
of the United States Secret Service described under section
3056 of title 18, United States Code;
(3) is serving as a member of the United States Secret
Service Division or the United States Secret Service Uniform
Division (or any successor entity) on the effective date of
this section; and
(4) files an election to be a covered employee under
subsection (b)(1).
(b) Election of Coverage.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, an individual described under
subsection (a)(1), (2), and (3) may file an election with the
United States Secret Service to be a covered employee and to
transition to the District of Columbia Police and Fire
Fighter Retirement and Disability System.
(2) Notification.--Not later than 30 days after the date of
enactment of this Act, the Office of Personnel Management and
the United States Secret Service shall notify each individual
described under subsection (a)(1), (2), and (3) that the
individual is qualified to file an election under paragraph
(1).
(c) Retirement Coverage Conversion.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and in consultation with the Secretary
of Homeland Security and the Thrift Savings Board, the Office
of Personnel Management shall prescribe regulations to carry
out the responsibilities of the Federal Government under this
section. The regulations prescribed under this paragraph
shall provide for transition of covered employees from the
Federal Employees' Retirement System to the Civil Service
Retirement System.

[[Page S6297]]

(2) Treatment of covered employees.--
(A) Election of coverage.--
(i) In general.--If a covered employee files an election
under subsection (b)(1), the covered employee shall, subject
to clause (ii), be converted from the Federal Employees'
Retirement System to the Civil Service Retirement System.
(ii) Coverage in district of columbia retirement system.--

(I) In general.--Chapter 7 of title 5 of the District of
Columbia Code shall apply with respect to a covered employee
on the date on which the covered employee transitions to the
Civil Service Retirement System.
(II) Authorization for district of columbia.--The
government of the District of Columbia shall provide for the
coverage of covered employees in the District of Columbia
Police and Fire Fighter Retirement and Disability System in
accordance with this section.

(B) Thrift savings plan.--A covered employee shall forfeit,
under procedures prescribed by the Executive Director of the
Federal Retirement Thrift Investment Board, all Thrift
Savings Plan contributions and associated earnings made by an
employing agency pursuant to section 8432(c) of title 5,
United States Code. Any amounts remaining in the Thrift
Savings Plan account of the covered employee may be
transferred to a private account or the District of Columbia
Police and Firefighter Retirement and Disability System.
(C) Forfeiture of social security benefits.--
(i) Contributions.--Upon conversion into the Civil Service
Retirement System, a covered employee shall forfeit all
contributions made for purposes of title II of the Social
Security Act on the basis of the covered employee's
employment with the United States Secret Service under
sections 3101(a) and 3111(a) of the Internal Revenue Code of
1986. All forfeited funds shall remain in the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund, as applicable. Notwithstanding
paragraphs (4) and (5) of section 205(c) of the Social
Security Act, the Commissioner of Social Security may change
or delete any entry with respect to wages of a covered
employee that are forfeited under this clause.
(ii) Benefits.--

(I) In general.--No individual shall be entitled to any
benefit under title II of the Social Security Act based on
any contribution forfeited under clause (i).
(II) No effect on medicare benefits.--Notwithstanding the
forfeiture of contributions by a covered employee under
clause (i), such contributions shall continue to be treated
as having been made while performing medicare qualified
government employment (as defined in section 210(p) of the
Social Security Act) for purposes of sections 226 and 226A of
that Act.

(3) Implementation.--The Office of Personnel Management,
the Department of Homeland Security, the Social Security
Administration, and the Thrift Savings Board shall take such
actions as necessary to provide for the implementation of
this section.
(d) Effective Date.--
(1) In general.--Except as provided under paragraph (2),
this section shall take effect on the first day of the first
applicable pay period that begins 180 days after the date of
enactment of this Act.
(2) Elections and implementation.--Subsections (b) and
(c)(1) and (3) shall take effect on the date of enactment of
this Act.

TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

SEC. __1. SHORT TITLE.

This title may be cited as the ``Part-Time Reemployment of
Annuitants Act of 2009''.

SEC. __2. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System.--Section 8344 of title
5, United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(k)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) or (b) with respect to any annuitant who is
employed in such agency as a limited time appointee, if the
head of the agency determines that the employment of the
annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office of Personnel Management or other
employing agencies as necessary to ensure compliance with
paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for the effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) or (b)
shall terminate 5 years after the date of enactment of the
Part-Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and inserting
``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and inserting
``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of
title 5, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(h)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) with respect to any annuitant who is employed
in such agency as a limited time appointee, if the head of
the agency determines that the employment of the annuitant is
necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or

[[Page S6298]]

the Troubled Asset Relief Program under title I of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201
et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) shall
terminate 5 years after the date of enactment of the Part-
Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and inserting
``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and inserting
``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made
by this section may be construed to authorize the waiver of
the hiring preferences under chapter 33 of title 5, United
States Code in selecting annuitants to employ in an
appointive or elective position.
(d) Technical and Conforming Amendments.--Section
1005(d)(2) of title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report regarding the use of the authority
under the amendments made by section __2.
(b) Contents.--The report submitted under subsection (a)
shall--
(1) include the number of annuitants for whom a waiver was
made under subsection (l) of section 8344 of title 5, United
States Code, as amended by this title, or subsection (i) of
section 8468 of title 5, United States Code, as amended by
this title; and
(2) identify each agency that used the authority described
in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined under
sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United
States Code, as added by section __2 of this title) shall--
(1) collect and maintain data necessary for purposes of the
Comptroller General report submitted under subsection (a);
and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
______

SA 1293. Mrs. HAGAN submitted an amendment intended to be proposed to
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to
protect the public health by providing the Food and Drug Administration
with certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

On page 26, strike lines 7 through 15, and insert the
following:
``(16) Small tobacco product manufacturer.--The term `small
tobacco product manufacturer' means a tobacco product
manufacturer that employs fewer than 350 employees. For
purposes of determining the number of employees of a
manufacturer under the preceding sentence--
``(A) the employees of a manufacturer are deemed to include
the employees of each entity that controls, is controlled by,
or is under common control with such manufacturer; and
``(B) except that in the case of a farmer owned tobacco
grower cooperative that is also tobacco manufacturer, any
employees whose responsibilities and compensation in no way
support, are connected to, or are dependent upon the
manufacture, fabrication, assembly, processing, labeling,
storage or marketing of tobacco products, including
cigarettes, roll-your-own tobacco, cigars, small cigar or
cigarette tubes shall not be deemed employees of the tobacco
product manufacturer.''.
______

SA 1294. Mrs. HAGAN submitted an amendment intended to be proposed by
her to the bill H.R. 1256, to protect the public health by providing
the Food and Drug Administration with certain authority to regulate
tobacco products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, add the following:
``Small tobacco product manufacturer.--The term `small
tobacco product manufacturer' means a tobacco product
manufacturer that employs fewer than 350 employees. For
purposes of determining the number of employees of a
manufacturer under the preceding sentence--
``(A) the employees of a manufacturer are deemed to include
the employees of each entity that controls, is controlled by,
or is under common control with such manufacturer; and
``(B) except that in the case of a farmer owned tobacco
grower cooperative that is also tobacco manufacturer, any
employees whose responsibilities and compensation in no way
support, are connected to, or are dependent upon the
manufacture, fabrication, assembly, processing, labeling,
storage or marketing of tobacco products, including
cigarettes, roll-your-own tobacco, cigars, small cigar or
cigarette tubes shall not be deemed employees of the tobacco
product manufacturer.''.
______

SA 1295. Mr. BROWNBACK (for himself, Mr. Cochran, and Mr. Roberts)
submitted an amendment intended to be proposed to amendment SA 1229
submitted by Mr. Dorgan (for himself, Ms. Snowe, Mr. McCain, Ms.
Stabenow, Mr. Sanders, and Ms. Klobuchar) and intended to be proposed
to the bill H.R. 1256, to protect the public health by providing the
Food and Drug Administration with certain authority to regulate tobacco
products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

On page 140 of the amendment, after line 17, add the
following:

SEC. 11. CERTIFICATION.

(a) In General.--This division, and the amendments made by
this division, shall become effective only if the Secretary
of

[[Page S6299]]

Health and Human Services certifies to Congress that the
implementation of this division, and the amendments made by
this division, will--
(1) pose no additional risk to the public's health and
safety; and
(2) result in a significant reduction in the cost of
covered products to the American consumer.
(b) Effective Date.--Notwithstanding any other provision of
this division, or of any amendment made by this division--
(1) any reference in this division, or in such amendments,
to the date of enactment of this division shall be deemed a
reference to the date of the certification under subsection
(a); and
(2) each reference to ``January 1, 2012'' in section 6(c)
of this division shall be substituted with ``90 days after
the effective date of this division''.
______

SA 1296. Mr. CASEY submitted an amendment intended to be proposed to
amendment SA 1255 submitted by Ms. Stabenow (for herself, Mr.
Brownback, Ms. Mikulski, Mr. Voinovich, Mrs. Shaheen, Mr. Bond, Mr.
Burris, Mr. Durbin, Mr. Levin, and Mr. Brown) and intended to be
proposed to the bill H.R. 1256, to protect the public health by
providing the Food and Drug Administration with certain authority to
regulate tobacco products, to amend title 5, United States Code, to
make certain modifications in the Thrift Savings Plan, the Civil
Service Retirement System, and the Federal Employees' Retirement
System, and for other purposes; which was ordered to lie on the table;
as follows:

On page 2, line 17, insert ``or new fuel efficient
motorcycle'' after ``automobile''.
On page 2, line 24, insert ``or new fuel efficient
motorcycle'' after ``automobile''.
On page 3, line 18, insert ``or new fuel efficient
motorcycle'' after ``automobile''.
On page 5, between lines 21 and 22, insert the following:
(3) $2,500 value.--A voucher may be used to offset the
purchase price of the new fuel efficient motorcycle by $2,500
if--
(A) the new fuel efficient motorcycle is street-use
approved; and
(B) the combined fuel economy is at least 25 miles higher
than the combined fuel economy value of the eligible trade-in
vehicle.
On page 6, line 2, insert ``or new fuel efficient
motorcycles'' after ``automobiles''.
On page 6, line 17, insert ``or a single new fuel efficient
motorcycle'' after ``automobile''.
On page 7, line 2, insert ``or new fuel efficient
motorcycle'' after ``automobile''.
On page 7, line 9, insert ``or new fuel efficient
motorcycle'' after ``automobile''.
On page 9, lines 24 and 25, insert ``or new fuel efficient
motorcycle'' after ``automobile''.
On page 10, line 11, insert ``or new fuel efficient
motorcycle'' after ``automobile''.
On page 12, line 20, insert ``and new fuel efficient
motorcycles'' after ``automobiles''.
On page 13, line 4, insert ``(including new fuel efficient
motorcycles)'' after ``vehicles''.
On page 13, line 19, insert ``and new fuel efficient
motorcycles'' after ``automobiles''.
On page 13, line 22, insert ``or motorcycle'' after
``automobile''.
On page 17, line 7, insert ``or motorcycle'' after
``Code)''.
On page 17, between lines 19 and 20, insert the following:
(8) the term ``motorcycle'' means a motor vehicle with
motive power having a seat or saddle for the use of the rider
and designed to travel on not more than 3 wheels in contact
with the ground;
On page 17, line 20, strike ``(8)'' and insert ``(9)''.
On page 18, between lines 21 and 22, insert the following:
(10) the term ``new fuel efficient motorcycle'' means a
motorcycle--
(A) the equitable or legal title of which has not been
transferred to any person other than the ultimate purchaser;
(B) that carries a manufacturer's suggested retail price of
$20,000 or less; and
(C) that has a combined fuel economy value of at least 50
miles per gallon;
On page 18, line 22, strike ``(9)'' and insert ``(11)''.
On page 19, line 1, strike ``(10)'' and insert ``(12)''.
On page 19, line 13, insert ``or motorcycle'' after
``automobile''.
On page 19, line 14, insert ``or motorcycle'' after
``automobile''.
SA 1297. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 1256 proposed by Mr. Schumer (for Mr. Lieberman (for
himself, Ms. Collins, Mr. Akaka, and Mr. Voinovich)) to the amendment
SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the
public health by providing the Food and Drug Administration with
certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.

[[Page S6300]]

(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under
sections 8331(20) or 8401(17) of title 5, United States Code,
for purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.

SEC. 116. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE
EMPLOYEES.

(a) Definition.--In this section the term ``covered
employee'' means an individual who--
(1) was hired as a member of the United States Secret
Service Division during the period beginning on January 1,
1984 through December 31, 1986;
(2) has actively performed duties other than clerical for
10 or more years directly related to the protection mission
of the United States Secret Service described under section
3056 of title 18, United States Code;
(3) is serving as a member of the United States Secret
Service Division or the United States Secret Service Uniform
Division (or any successor entity) on the effective date of
this section; and
(4) files an election to be a covered employee under
subsection (b)(1).
(b) Election of Coverage.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, an individual described under
subsection (a)(1), (2), and (3) may file an election with the
United States Secret Service to be a covered employee and to
transition to the District of Columbia Police and Fire
Fighter Retirement and Disability System.
(2) Notification.--Not later than 30 days after the date of
enactment of this Act, the Office of Personnel Management and
the United States Secret Service shall notify each individual
described under subsection (a)(1), (2), and (3) that the
individual is qualified to file an election under paragraph
(1).
(c) Retirement Coverage Conversion.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and in consultation with the Secretary
of Homeland Security and the Thrift Savings Board, the Office
of Personnel Management shall prescribe regulations to carry
out the responsibilities of the Federal Government under this
section. The regulations prescribed under this paragraph
shall provide for transition of covered employees from the
Federal Employees' Retirement System to the Civil Service
Retirement System.
(2) Treatment of covered employees.--
(A) Election of coverage.--
(i) In general.--If a covered employee files an election
under subsection (b)(1), the covered employee shall, subject
to clause (ii), be converted from the Federal Employees'
Retirement System to the Civil Service Retirement System.
(ii) Coverage in district of columbia retirement system.--

(I) In general.--Chapter 7 of title 5 of the District of
Columbia Code shall apply with respect to a covered employee
on the date on which the covered employee transitions to the
Civil Service Retirement System.
(II) Authorization for district of columbia.--The
government of the District of Columbia shall provide for the
coverage of covered employees in the District of Columbia
Police and Fire Fighter Retirement and Disability System in
accordance with this section.

(B) Thrift savings plan.--A covered employee shall forfeit,
under procedures prescribed by the Executive Director of the
Federal Retirement Thrift Investment Board, all Thrift
Savings Plan contributions and associated earnings made by an
employing agency pursuant to section 8432(c) of title 5,
United States Code. Any amounts remaining in the Thrift
Savings Plan account of the covered employee may be
transferred to a private account or the District of Columbia
Police and Firefighter Retirement and Disability System.
(C) Forfeiture of social security benefits.--
(i) Contributions.--Upon conversion into the Civil Service
Retirement System, a covered employee shall forfeit all
contributions made for purposes of title II of the Social
Security Act on the basis of the covered employee's
employment with the United States Secret Service under
sections 3101(a) and 3111(a) of the Internal Revenue Code of
1986. All forfeited funds shall remain in the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund, as applicable. Notwithstanding
paragraphs (4) and (5) of section 205(c) of the Social
Security Act, the Commissioner of Social Security may change
or delete any entry with respect to wages of a covered
employee that are forfeited under this clause.
(ii) Benefits.--

(I) In general.--No individual shall be entitled to any
benefit under title II of the Social Security Act based on
any contribution forfeited under clause (i).
(II) No effect on medicare benefits.--Notwithstanding the
forfeiture of contributions by a covered employee under
clause (i), such contributions shall continue to be treated
as having been made while performing medicare qualified
government employment (as defined in section 210(p) of the
Social Security Act) for purposes of sections 226 and 226A of
that Act.

(3) Implementation.--The Office of Personnel Management,
the Department of Homeland Security, the Social Security
Administration, and the Thrift Savings Board shall take such
actions as necessary to provide for the implementation of
this section.
(d) Effective Date.--
(1) In general.--Except as provided under paragraph (2),
this section shall take effect on the first day of the first
applicable pay period that begins 180 days after the date of
enactment of this Act.

[[Page S6301]]

(2) Elections and implementation.--Subsections (b) and
(c)(1) and (3) shall take effect on the date of enactment of
this Act.

TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

SEC. __1. SHORT TITLE.

This title may be cited as the ``Part-Time Reemployment of
Annuitants Act of 2009''.

SEC. __2. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System.--Section 8344 of title
5, United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(k)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) or (b) with respect to any annuitant who is
employed in such agency as a limited time appointee, if the
head of the agency determines that the employment of the
annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office of Personnel Management or other
employing agencies as necessary to ensure compliance with
paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for the effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) or (b)
shall terminate 5 years after the date of enactment of the
Part-Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and inserting
``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and inserting
``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of
title 5, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(h)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) with respect to any annuitant who is employed
in such agency as a limited time appointee, if the head of
the agency determines that the employment of the annuitant is
necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.

[[Page S6302]]

``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) shall
terminate 5 years after the date of enactment of the Part-
Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and inserting
``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and inserting
``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made
by this section may be construed to authorize the waiver of
the hiring preferences under chapter 33 of title 5, United
States Code in selecting annuitants to employ in an
appointive or elective position.
(d) Technical and Conforming Amendments.--Section
1005(d)(2) of title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report regarding the use of the authority
under the amendments made by section __2.
(b) Contents.--The report submitted under subsection (a)
shall--
(1) include the number of annuitants for whom a waiver was
made under subsection (l) of section 8344 of title 5, United
States Code, as amended by this title, or subsection (i) of
section 8468 of title 5, United States Code, as amended by
this title; and
(2) identify each agency that used the authority described
in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined under
sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United
States Code, as added by section __2 of this title) shall--
(1) collect and maintain data necessary for purposes of the
Comptroller General report submitted under subsection (a);
and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
______

SA 1298. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 1256 proposed by Mr. Schumer (for Mr. Lieberman (for
himself, Ms. Collins, Mr. akaka, and Mr. Voinovich)) to the amendment
SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the
public health by providing the Food and Drug Administration with
certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System; and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.
(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying

[[Page S6303]]

District of Columbia service which consisted of service as a
detention officer under section 2604(2) of the District of
Columbia Government Comprehensive Merit Personnel Act of 1978
(sec. 1-626.04(2), D.C. Official Code) shall be treated as
service as a law enforcement officer under sections 8331(20)
or 8401(17) of title 5, United States Code, for purposes of
applying paragraph (1) with respect to the individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.
______

SA 1299. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 1256 proposed by Mr. Schumer (for Mr. Lieberman (for
himself, Ms. Collins, Mr. Akaka, and Mr. Voinovich)) to the amendment
SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the
public health by providing the Food and Drug Administration with
certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.
(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of

[[Page S6304]]

title 5, United States Code, but only for purposes of the
following provisions of such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under
sections 8331(20) or 8401(17) of title 5, United States Code,
for purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.

TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

SEC. __1. SHORT TITLE.

This title may be cited as the ``Part-Time Reemployment of
Annuitants Act of 2009''.

SEC. __2. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System.--Section 8344 of title
5, United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(k)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) or (b) with respect to any annuitant who is
employed in such agency as a limited time appointee, if the
head of the agency determines that the employment of the
annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office of Personnel Management or other
employing agencies as necessary to ensure compliance with
paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for the effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) or (b)
shall terminate 5 years after the date of enactment of the
Part-Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and inserting
``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and inserting
``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of
title 5, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);

[[Page S6305]]

(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(h)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) with respect to any annuitant who is employed
in such agency as a limited time appointee, if the head of
the agency determines that the employment of the annuitant is
necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) shall
terminate 5 years after the date of enactment of the Part-
Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and inserting
``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and inserting
``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made
by this section may be construed to authorize the waiver of
the hiring preferences under chapter 33 of title 5, United
States Code in selecting annuitants to employ in an
appointive or elective position.
(d) Technical and Conforming Amendments.--Section
1005(d)(2) of title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report regarding the use of the authority
under the amendments made by section __2.
(b) Contents.--The report submitted under subsection (a)
shall--
(1) include the number of annuitants for whom a waiver was
made under subsection (l) of section 8344 of title 5, United
States Code, as amended by this title, or subsection (i) of
section 8468 of title 5, United States Code, as amended by
this title; and
(2) identify each agency that used the authority described
in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined under
sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United
States Code, as added by section __2 of this title) shall--
(1) collect and maintain data necessary for purposes of the
Comptroller General report submitted under subsection (a);
and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
______

SA 1300. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, Mr.
Voinovich, Ms. Murkowski, Mr. Inouye, Mr. Begich, Ms. Mikulski, and Mr.
Kohl) submitted an amendment intended to be proposed to amendment SA
1256 proposed by Mr. Schumer (for Mr. Lieberman (for himself, Ms.
Collins, Mr. Akaka, and Mr. Voinovich)) to the amendment SA 1247
proposed by Mr. Dodd to the bill H.R. 1256, to protect the public
health by providing the Food and Drug Administration with certain
authority to regulate tobacco products, to amend title 5, United States
Code, to make certain modifications in the Thrift Savings Plan, the
Civil Service Retirement System; and the Federal Employees' Retirement
System, and for other purposes; which was ordered to lie on the table;
as follows:

In lieu of the matter proposed to be inserted, insert the
following:

Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

[[Page S6306]]

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.
(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under
sections 8331(20) or 8401(17) of title 5, United States Code,
for purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.

SEC. 116. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE
EMPLOYEES.

(a) Definition.--In this section the term ``covered
employee'' means an individual who--
(1) was hired as a member of the United States Secret
Service Division during the period beginning on January 1,
1984 through December 31, 1986;
(2) has actively performed duties other than clerical for
10 or more years directly related to the protection mission
of the United States Secret Service described under section
3056 of title 18, United States Code;
(3) is serving as a member of the United States Secret
Service Division or the United States Secret Service Uniform
Division (or any successor entity) on the effective date of
this section; and
(4) files an election to be a covered employee under
subsection (b)(1).
(b) Election of Coverage.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, an individual described under
subsection (a)(1), (2), and (3) may file an election with the
United States Secret Service to be a covered employee and to
transition to the District of Columbia Police and Fire
Fighter Retirement and Disability System.
(2) Notification.--Not later than 30 days after the date of
enactment of this Act, the Office of Personnel Management and
the United States Secret Service shall notify each individual
described under subsection (a)(1), (2), and (3) that the
individual is qualified to file an election under paragraph
(1).
(c) Retirement Coverage Conversion.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and in consultation with the Secretary
of Homeland Security and the Thrift Savings Board, the Office
of Personnel Management shall prescribe regulations to carry
out the responsibilities of the Federal Government under this
section. The regulations prescribed under this paragraph
shall provide for transition of covered employees from the
Federal Employees' Retirement System to the Civil Service
Retirement System.
(2) Treatment of covered employees.--
(A) Election of coverage.--
(i) In general.--If a covered employee files an election
under subsection (b)(1), the covered employee shall, subject
to clause (ii), be converted from the Federal Employees'
Retirement System to the Civil Service Retirement System.

[[Page S6307]]

(ii) Coverage in district of columbia retirement system.--

(I) In general.--Chapter 7 of title 5 of the District of
Columbia Code shall apply with respect to a covered employee
on the date on which the covered employee transitions to the
Civil Service Retirement System.
(II) Authorization for district of columbia.--The
government of the District of Columbia shall provide for the
coverage of covered employees in the District of Columbia
Police and Fire Fighter Retirement and Disability System in
accordance with this section.

(B) Thrift savings plan.--A covered employee shall forfeit,
under procedures prescribed by the Executive Director of the
Federal Retirement Thrift Investment Board, all Thrift
Savings Plan contributions and associated earnings made by an
employing agency pursuant to section 8432(c) of title 5,
United States Code. Any amounts remaining in the Thrift
Savings Plan account of the covered employee may be
transferred to a private account or the District of Columbia
Police and Firefighter Retirement and Disability System.
(C) Forfeiture of social security benefits.--
(i) Contributions.--Upon conversion into the Civil Service
Retirement System, a covered employee shall forfeit all
contributions made for purposes of title II of the Social
Security Act on the basis of the covered employee's
employment with the United States Secret Service under
sections 3101(a) and 3111(a) of the Internal Revenue Code of
1986. All forfeited funds shall remain in the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund, as applicable. Notwithstanding
paragraphs (4) and (5) of section 205(c) of the Social
Security Act, the Commissioner of Social Security may change
or delete any entry with respect to wages of a covered
employee that are forfeited under this clause.
(ii) Benefits.--

(I) In general.--No individual shall be entitled to any
benefit under title II of the Social Security Act based on
any contribution forfeited under clause (i).
(II) No effect on medicare benefits.--Notwithstanding the
forfeiture of contributions by a covered employee under
clause (i), such contributions shall continue to be treated
as having been made while performing medicare qualified
government employment (as defined in section 210(p) of the
Social Security Act) for purposes of sections 226 and 226A of
that Act.

(3) Implementation.--The Office of Personnel Management,
the Department of Homeland Security, the Social Security
Administration, and the Thrift Savings Board shall take such
actions as necessary to provide for the implementation of
this section.
(d) Effective Date.--
(1) In general.--Except as provided under paragraph (2),
this section shall take effect on the first day of the first
applicable pay period that begins 180 days after the date of
enactment of this Act.
(2) Elections and implementation.--Subsections (b) and
(c)(1) and (3) shall take effect on the date of enactment of
this Act.

TITLE___--NON-FOREIGN AREA RETIREMENT EQUITY ASSURANCE

SEC. _01. SHORT TITLE.

This title may be cited as the ``Non-Foreign Area
Retirement Equity Assurance Act of 2009'' or the ``Non-
Foreign AREA Act of 2009''.

SEC. _02. EXTENSION OF LOCALITY PAY.

(a) Locality-Based Comparability Payments.--Section 5304 of
title 5, United States Code, is amended--
(1) in subsection (f)(1), by striking subparagraph (A) and
inserting the following:
``(A) each General Schedule position in the United States,
as defined under section 5921(4), and its territories and
possessions, including the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands, shall be
included within a pay locality;'';
(2) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B) by striking the period and
inserting ``; and''; and
(iii) by adding after subparagraph (B) the following:
``(C) positions under subsection (h)(1)(C) not covered by
appraisal systems certified under section 5382; and''; and
(B) by adding at the end the following:
``(3) The applicable maximum under this subsection shall be
level II of the Executive Schedule for positions under
subsection (h)(1)(C) covered by appraisal systems certified
under section 5307(d).''; and
(3) in subsection (h)(1)--
(A) in subparagraph (B) by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B) the following:
``(C) a Senior Executive Service position under section
3132 or 3151 or a senior level position under section 5376
stationed within the United States, but outside the 48
contiguous States and the District of Columbia in which the
incumbent was an individual who on the day before the date of
enactment of the Non-Foreign Area Retirement Equity Assurance
Act of 2009 was eligible to receive a cost-of-living
allowance under section 5941; and'';
(D) in clause (iv) in the matter following subparagraph
(D), by inserting ``, except for members covered by
subparagraph (C)'' before the semicolon; and
(E) in clause (v) in the matter following subparagraph (D),
by inserting ``, except for members covered by subparagraph
(C)'' before the semicolon.
(b) Allowances Based on Living Costs and Conditions of
Environment.--Section 5941 of title 5, United States Code, is
amended--
(1) in subsection (a), by adding after the last sentence
``Notwithstanding any preceding provision of this subsection,
the cost-of-living allowance rate based on paragraph (1)
shall be the cost-of-living allowance rate in effect on the
date of enactment of the Non-Foreign Area Retirement Equity
Assurance Act of 2009, except as adjusted under subsection
(c).'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
``(b) This section shall apply only to areas that are
designated as cost-of-living allowance areas as in effect on
December 31, 2009.
``(c)(1) The cost-of-living allowance rate payable under
this section shall be adjusted on the first day of the first
applicable pay period beginning on or after--
``(A) January 1, 2010; and
``(B) January 1 of each calendar year in which a locality-
based comparability adjustment takes effect under section _04
(2) and (3) of the Non-Foreign Area Retirement Equity
Assurance Act of 2009.
``(2)(A) In this paragraph, the term `applicable locality-
based comparability pay percentage' means, with respect to
calendar year 2010 and each calendar year thereafter, the
applicable percentage under section _04 (1), (2), or (3) of
Non-Foreign Area Retirement Equity Assurance Act of 2009.
``(B) Each adjusted cost-of-living allowance rate under
paragraph (1) shall be computed by--
``(i) subtracting 65 percent of the applicable locality-
based comparability pay percentage from the cost-of-living
allowance percentage rate in effect on December 31, 2009; and
``(ii) dividing the resulting percentage determined under
clause (i) by the sum of--
``(I) one; and
``(II) the applicable locality-based comparability payment
percentage expressed as a numeral.
``(3) No allowance rate computed under paragraph (2) may be
less than zero.
``(4) Each allowance rate computed under paragraph (2)
shall be paid as a percentage of basic pay (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special
rate of pay under section 5305 or similar provision of
law).''.

SEC. _03. ADJUSTMENT OF SPECIAL RATES.

(a) In General.--Each special rate of pay established under
section 5305 of title 5, United States Code, and payable in
an area designated as a cost-of-living allowance area under
section 5941(a) of that title, shall be adjusted, on the
dates prescribed by section _04 of this title, in accordance
with regulations prescribed by the Director of the Office of
Personnel Management under section _08 of this title.
(b) Agencies With Statutory Authority.--
(1) In general.--Each special rate of pay established under
an authority described under paragraph (2) and payable in a
location designated as a cost-of-living allowance area under
section 5941(a)(1) of title 5, United States Code, shall be
adjusted in accordance with regulations prescribed by the
applicable head of the agency that are consistent with the
regulations issued by the Director of the Office of Personnel
Management under subsection (a).
(2) Statutory authority.--The authority referred to under
paragraph (1), is any statutory authority that--
(A) is similar to the authority exercised under section
5305 of title 5, United States Code;
(B) is exercised by the head of an agency when the head of
the agency determines it to be necessary in order to obtain
or retain the services of persons specified by statute; and
(C) authorizes the head of the agency to increase the
minimum, intermediate, or maximum rates of basic pay
authorized under applicable statutes and regulations.
(c) Temporary Adjustment.--Regulations issued under
subsection (a) or (b) may provide that statutory limitations
on the amount of such special rates may be temporarily raised
to a higher level during the transition period described in
section _04 ending on the first day of the first pay period
beginning on or after January 1, 2012, at which time any
special rate of pay in excess of the applicable limitation
shall be converted to a retained rate under section 5363 of
title 5, United States Code.

SEC. _04. TRANSITION SCHEDULE FOR LOCALITY-BASED
COMPARABILITY PAYMENTS.

Notwithstanding any other provision of this title or
section 5304 or 5304a of title 5, United States Code, in
implementing the amendments made by this title, for each non-
foreign area determined under section 5941(b) of that title,
the applicable rate for the locality-based comparability
adjustment that is used in the computation required under
section 5941(c) of that title shall be adjusted effective on
the first day of the first pay period beginning on or after
January 1--

[[Page S6308]]

(1) in calendar year 2010, by using \1/3\ of the locality
pay percentage for the rest of United States locality pay
area;
(2) in calendar year 2011, by using \2/3\ of the otherwise
applicable comparability payment approved by the President
for each non-foreign area; and
(3) in calendar year 2012 and each subsequent year, by
using the full amount of the applicable comparability payment
approved by the President for each non-foreign area.

SEC. _05. SAVINGS PROVISION.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the application of this title to any employee should
not result in a decrease in the take home pay of that
employee;
(2) in calendar year 2012 and each subsequent year, no
employee shall receive less than the Rest of the U.S.
locality pay rate;
(3) concurrent with the surveys next conducted under the
provisions of section 5304(d)(1)(A) of title 5, United States
Code, beginning after the date of the enactment of this Act,
the Bureau of Labor Statistics should conduct separate
surveys to determine the extent of any pay disparity (as
defined by section 5302 of that title) that may exist with
respect to positions located in the State of Alaska, the
State of Hawaii, and the United States territories, including
American Samoa, Guam, Commonwealth of the Northern Mariana
Islands, Commonwealth of Puerto Rico, and the United States
Virgin Islands;
(4) if the surveys under paragraph (3) indicate that the
pay disparity determined for the State of Alaska, the State
of Hawaii, or any 1 of the United States territories
including American Samoa, Guam, Commonwealth of the Northern
Mariana Islands, Commonwealth of Puerto Rico, and the United
States Virgin Islands exceeds the pay disparity determined
for the locality which (for purposes of section 5304 of that
title) is commonly known as the ``Rest of the United
States'', the President's Pay Agent should take appropriate
measures to provide that each such surveyed area be treated
as a separate pay locality for purposes of that section; and
(5) the President's Pay Agent will establish 1 locality
area for the entire State of Hawaii and 1 locality area for
the entire State of Alaska.
(b) Savings Provisions.--
(1) In general.--During the period described under section
_04 of this title, an employee paid a special rate under 5305
of title 5, United States Code, who the day before the date
of enactment of this Act was eligible to receive a cost-of-
living allowance under section 5941 of title 5, United States
Code, and who continues to be officially stationed in an
allowance area, shall receive an increase in the employee's
special rate consistent with increases in the applicable
special rate schedule. For employees in allowance areas, the
minimum step rate for any grade of a special rate schedule
shall be increased at the time of an increase in the
applicable locality rate percentage for the allowance area by
not less than the dollar increase in the locality-based
comparability payment for a non-special rate employee at the
same minimum step provided under section _04 of this title,
and corresponding increases shall be provided for all step
rates of the given pay range.
(2) Continuation of cost of living allowance rate.--If an
employee, who the day before the date of enactment of this
Act was eligible to receive a cost-of-living allowance under
section 5941 of title 5, United States Code, would receive a
rate of basic pay and applicable locality-based comparability
payment which is in excess of the maximum rate limitation set
under section 5304(g) of title 5, United States Code, for his
position (but for that maximum rate limitation) due to the
operation of this title, the employee shall continue to
receive the cost-of-living allowance rate in effect on
December 31, 2009 without adjustment until--
(A) the employee leaves the allowance area or pay system;
or
(B) the employee is entitled to receive basic pay
(including any applicable locality-based comparability
payment or similar supplement) at a higher rate,
but, when any such position becomes vacant, the pay of any
subsequent appointee thereto shall be fixed in the manner
provided by applicable law and regulation.
(3) Locality-based comparability payments.--Any employee
covered under paragraph (2) shall receive any applicable
locality-based comparability payment extended under section
_04 of this title which is not in excess of the maximum rate
set under section 5304(g) of title 5, United States Code, for
his position including any future increase to statutory pay
limitations under 5318 of title 5, United States Code.
Notwithstanding paragraph (2), to the extent that an employee
covered under that paragraph receives any amount of locality-
based comparability payment, the cost-of-living allowance
rate under that paragraph shall be reduced accordingly, as
provided under section 5941(c)(2)(B) of title 5, United
States Code.

SEC. _06. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

(a) In General.--
(1) Definition.--In this subsection, the term ``covered
employee'' means--
(A) any employee who--
(i) on the day before the date of enactment of this Act--

(I) was eligible to be paid a cost-of-living allowance
under 5941 of title 5, United States Code; and
(II) was not eligible to be paid locality-based
comparability payments under 5304 or 5304a of that title; or

(ii) on or after the date of enactment of this Act becomes
eligible to be paid a cost-of-living allowance under 5941 of
title 5, United States Code; or
(B) any employee who--
(i) on the day before the date of enactment of this Act--

(I) was eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) was eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) was employed by the Transportation Security
Administration of the Department of Homeland Security and was
eligible to be paid an allowance based on section 5941 of
title 5, United States Code; or
(IV) was eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code; or

(ii) on or after the date of enactment of this Act--

(I) becomes eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) becomes eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) is employed by the Transportation Security
Administration of the Department of Homeland Security and
becomes eligible to be paid an allowance based on section
5941 of title 5, United States Code; or
(IV) is eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code.

(2) Application to covered employees.--
(A) In general.--Notwithstanding any other provision of
law, for purposes of this title (including the amendments
made by this title) any covered employee shall be treated as
an employee to whom section 5941 of title 5, United States
Code (as amended by section _02 of this title), and section
_04 of this title apply.
(B) Pay fixed by statute.--Pay to covered employees under
section 5304 or 5304a of title 5, United States Code, as a
result of the application of this title shall be considered
to be fixed by statute.
(C) Performance appraisal system.--With respect to a
covered employee who is subject to a performance appraisal
system no part of pay attributable to locality-based
comparability payments as a result of the application of this
title including section 5941 of title 5, United States Code
(as amended by section _02 of this title), may be reduced on
the basis of the performance of that employee.
(b) Postal Employees in Non-Foreign Areas.--
(1) In general.--Section 1005(b) of title 39, United States
Code, is amended--
(A) by inserting ``(1)'' after ``(b)'';
(B) by striking ``Section 5941,'' and inserting ``Except as
provided under paragraph (2), section 5941'';
(C) by striking ``For purposes of such section,'' and
inserting ``Except as provided under paragraph (2), for
purposes of section 5941 of that title,''; and
(D) by adding at the end the following:
``(2) On and after the date of enactment of the Non-Foreign
Area Retirement Equity Assurance Act of 2009--
``(A) the provisions of that Act and section 5941 of title
5 shall apply to officers and employees covered by section
1003 (b) and (c) whose duty station is in a nonforeign area;
and
``(B) with respect to officers and employees of the Postal
Service (other than those officers and employees described
under subparagraph (A)) of section _06(b)(2) of that Act
shall apply.''.
(2) Continuation of cost of living allowance.--
(A) In general.--Notwithstanding any other provision of
this title, any employee of the Postal Service (other than an
employee covered by section 1003 (b) and (c) of title 39,
United States Code, whose duty station is in a nonforeign
area) who is paid an allowance under section 1005(b) of that
title shall be treated for all purposes as if the provisions
of this title (including the amendments made by this title)
had not been enacted, except that the cost-of-living
allowance rate paid to that employee--
(i) may result in the allowance exceeding 25 percent of the
rate of basic pay of that employee; and
(ii) shall be the greater of--

(I) the cost-of-living allowance rate in effect on December
31, 2009 for the applicable area; or
(II) the applicable locality-based comparability pay
percentage under section _04.

(B) Rule of construction.--Nothing in this title shall be
construed to--
(i) provide for an employee described under subparagraph
(A) to be a covered employee as defined under subsection (a);
or
(ii) authorize an employee described under subparagraph (A)
to file an election under section _07 of this title.

SEC. _07. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY
COMPUTATION BY EMPLOYEES.

(a) Definition.--In this section the term ``covered
employee'' means any employee--
(1) to whom section _04 applies;

[[Page S6309]]

(2) who is separated from service by reason of retirement
under chapter 83 or 84 of title 5, United States Code, during
the period of January 1, 2010, through December 31, 2012; and
(3) who files an election with the Office of Personnel
Management under subsection (b).
(b) Election.--
(1) In general.--An employee described under subsection (a)
(1) and (2) may file an election with the Office of Personnel
Management to be covered under this section.
(2) Deadline.--An election under this subsection may be
filed not later than December 31, 2012.
(c) Computation of Annuity.--
(1) In general.--Except as provided under paragraph (2),
for purposes of the computation of an annuity of a covered
employee any cost-of-living allowance under section 5941 of
title 5, United States Code, paid to that employee during the
first applicable pay period beginning on or after January 1,
2010 through the first applicable pay period ending on or
after December 31, 2012, shall be considered basic pay as
defined under section 8331(3) or 8401(4) of that title.
(2) Limitation.--The amount of the cost-of-living allowance
which may be considered basic pay under paragraph (1) may not
exceed the amount of the locality-based comparability
payments the employee would have received during that period
for the applicable pay area if the limitation under section
_04 of this title did not apply.
(d) Civil Service Retirement and Disability Retirement
Fund.--
(1) Employee contributions.--A covered employee shall pay
into the Civil Service Retirement and Disability Retirement
Fund--
(A) an amount equal to the difference between--
(i) employee contributions that would have been deducted
and withheld from pay under section 8334 or 8422 of title 5,
United States Code, during the period described under
subsection (c) of this section if the cost-of-living
allowances described under that subsection had been treated
as basic pay under section 8331(3) or 8401(4) of title 5,
United States Code; and
(ii) employee contributions that were actually deducted and
withheld from pay under section 8334 or 8422 of title 5,
United States Code, during that period; and
(B) interest as prescribed under section 8334(e) of title
5, United States Code, based on the amount determined under
subparagraph (A).
(2) Agency contributions.--
(A) In general.--The employing agency of a covered employee
shall pay into the Civil Service Retirement and Disability
Retirement Fund an amount for applicable agency contributions
based on payments made under paragraph (1).
(B) Source.--Amounts paid under this paragraph shall be
contributed from the appropriation or fund used to pay the
employee.
(3) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this section.

SEC. _08. REGULATIONS.

(a) In General.--The Director of the Office of Personnel
Management shall prescribe regulations to carry out this
title, including--
(1) rules for special rate employees described under
section _03;
(2) rules for adjusting rates of basic pay for employees in
pay systems administered by the Office of Personnel
Management when such employees are not entitled to locality-
based comparability payments under section 5304 of title 5,
United States Code, without regard to otherwise applicable
statutory pay limitations during the transition period
described in section _04 ending on the first day of the first
pay period beginning on or after January 1, 2012; and
(3) rules governing establishment and adjustment of saved
or retained rates for any employee whose rate of pay exceeds
applicable pay limitations on the first day of the first pay
period beginning on or after January 1, 2012.
(b) Other Pay Systems.--With the concurrence of the
Director of the Office of Personnel Management, the
administrator of a pay system not administered by the Office
of Personnel Management shall prescribe regulations to carry
out this title with respect to employees in such pay system,
consistent with the regulations prescribed by the Office
under subsection (a). With respect to employees not entitled
to locality-based comparability payments under section 5304
of title 5, United States Code, regulations prescribed under
this subsection may provide for special payments or
adjustments for employees who were eligible to receive a
cost-of-living allowance under section 5941 of that title on
the date before the date of enactment of this Act.

SEC. _09. EFFECTIVE DATES.

(a) In General.--Except as provided by subsection (b), this
title (including the amendments made by this title) shall
take effect on the date of enactment of this Act.
(b) Locality Pay and Schedule.--The amendments made by
section _02 and the provisions of section _04 shall take
effect on the first day of the first applicable pay period
beginning on or after January 1, 2010.

TITLE___--PART-TIME REEMPLOYMENT OF ANNUITANTS

SEC. __1. SHORT TITLE.

This title may be cited as the ``Part-Time Reemployment of
Annuitants Act of 2009''.

SEC. __2. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System.--Section 8344 of title
5, United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(k)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) or (b) with respect to any annuitant who is
employed in such agency as a limited time appointee, if the
head of the agency determines that the employment of the
annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office of Personnel Management or other
employing agencies as necessary to ensure compliance with
paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for the effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).

[[Page S6310]]

``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) or (b)
shall terminate 5 years after the date of enactment of the
Part-Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and inserting
``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and inserting
``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of
title 5, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(h)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) with respect to any annuitant who is employed
in such agency as a limited time appointee, if the head of
the agency determines that the employment of the annuitant is
necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) shall
terminate 5 years after the date of enactment of the Part-
Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and inserting
``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and inserting
``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made
by this section may be construed to authorize the waiver of
the hiring preferences under chapter 33 of title 5, United
States Code in selecting annuitants to employ in an
appointive or elective position.
(d) Technical and Conforming Amendments.--Section
1005(d)(2) of title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report regarding the use of the authority
under the amendments made by section __2.
(b) Contents.--The report submitted under subsection (a)
shall--
(1) include the number of annuitants for whom a waiver was
made under subsection (l) of section 8344 of title 5, United
States Code, as amended by this title, or subsection (i) of
section 8468 of title 5, United States Code, as amended by
this title; and
(2) identify each agency that used the authority described
in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined under
sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United
States Code, as added by section __2 of this title) shall--
(1) collect and maintain data necessary for purposes of the
Comptroller General report submitted under subsection (a);
and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
______

SA 1301. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 1256 proposed by Mr. Schumer (for Mr. Lieberman (for
himself, Ms. Collins, Mr. Akaka, and Mr. Voinovich)) to the amendment
SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the
public health by providing the Food and Drug Administration with
certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table as follows:

In lieu of the matter proposed to be inserted, insert the
following:
Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting
``(l)(1) In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing
an annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section
8422(d)(2) of title 5, United States Code, is amended by
striking ``section 8415(k)'' and inserting ``paragraph (1) or
(2) of section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

[[Page S6311]]

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United
States Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of
any annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a
refund of retirement deductions under this or any other
retirement system established for employees of the Government
covering service for which such employee or Member may be
allowed credit under this chapter may deposit the amount
received, with interest. Credit may not be allowed for the
service covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.
(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and
(p) thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414
(relating to early retirement).
(E) Section 8341 and subchapter IV of chapter 84
(relating to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying District of Columbia service which consisted of
service as a detention officer under section 2604(2) of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be
treated as service as a law enforcement officer under
sections 8331(20) or 8401(17) of title 5, United States Code,
for purposes of applying paragraph (1) with respect to the
individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of
the amendments made by section 11246(b) of the Balanced
Budget Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of
an entity of the District of Columbia government whose
functions were transferred to the Pretrial Services, Parole,
Adult Supervision, and Offender Supervision Trustee under
section 11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of
the individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of
the amendments made by section 7(e) of the District of
Columbia Courts and Justice Technical Corrections Act of
1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of
the District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of
the individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.
TITLE ___--NON-FOREIGN AREA RETIREMENT EQUITY ASSURANCE

SEC. _01. SHORT TITLE.

This title may be cited as the ``Non-Foreign Area
Retirement Equity Assurance Act of 2009'' or the ``Non-
Foreign AREA Act of 2009''.

SEC. _02. EXTENSION OF LOCALITY PAY.

(a) Locality-Based Comparability Payments.--Section 5304
of title 5, United States Code, is amended--
(1) in subsection (f)(1), by striking subparagraph (A)
and inserting the following:
``(A) each General Schedule position in the United
States, as defined under section 5921(4), and its territories
and possessions, including the Commonwealth of Puerto Rico
and the Commonwealth of the Northern Mariana Islands, shall
be included within a pay locality;'';
(2) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B) by striking the period and
inserting ``; and''; and
(iii) by adding after subparagraph (B) the following:
``(C) positions under subsection (h)(1)(C) not covered by
appraisal systems certified under section 5382; and''; and
(B) by adding at the end the following:
``(3) The applicable maximum under this subsection shall
be level II of the Executive Schedule for positions under
subsection (h)(1)(C) covered by appraisal systems certified
under section 5307(d).''; and
(3) in subsection (h)(1)--
(A) in subparagraph (B) by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (C) as subparagraph
(D);
(C) by inserting after subparagraph (B) the following:

[[Page S6312]]

``(C) a Senior Executive Service position under section
3132 or 3151 or a senior level position under section 5376
stationed within the United States, but outside the 48
contiguous States and the District of Columbia in which the
incumbent was an individual who on the day before the date of
enactment of the Non-Foreign Area Retirement Equity Assurance
Act of 2009 was eligible to receive a cost-of-living
allowance under section 5941; and'';
(D) in clause (iv) in the matter following subparagraph
(D), by inserting ``, except for members covered by
subparagraph (C)'' before the semicolon; and
(E) in clause (v) in the matter following subparagraph
(D), by inserting ``, except for members covered by
subparagraph (C)'' before the semicolon.
(b) Allowances Based on Living Costs and Conditions of
Environment.--Section 5941 of title 5, United States Code, is
amended--
(1) in subsection (a), by adding after the last sentence
``Notwithstanding any preceding provision of this subsection,
the cost-of-living allowance rate based on paragraph (1)
shall be the cost-of-living allowance rate in effect on the
date of enactment of the Non-Foreign Area Retirement Equity
Assurance Act of 2009, except as adjusted under subsection
(c).'';
(2) by redesignating subsection (b) as subsection (d);
and
(3) by inserting after subsection (a) the following:
``(b) This section shall apply only to areas that are
designated as cost-of-living allowance areas as in effect on
December 31, 2009.
``(c)(1) The cost-of-living allowance rate payable under
this section shall be adjusted on the first day of the first
applicable pay period beginning on or after--
``(A) January 1, 2010; and
``(B) January 1 of each calendar year in which a
locality-based comparability adjustment takes effect under
section _04 (2) and (3) of the Non-Foreign Area Retirement
Equity Assurance Act of 2009.
``(2)(A) In this paragraph, the term `applicable
locality-based comparability pay percentage' means, with
respect to calendar year 2010 and each calendar year
thereafter, the applicable percentage under section _04 (1),
(2), or (3) of Non-Foreign Area Retirement Equity Assurance
Act of 2009.
``(B) Each adjusted cost-of-living allowance rate under
paragraph (1) shall be computed by--
``(i) subtracting 65 percent of the applicable locality-
based comparability pay percentage from the cost-of-living
allowance percentage rate in effect on December 31, 2009; and
``(ii) dividing the resulting percentage determined under
clause (i) by the sum of--
``(I) one; and
``(II) the applicable locality-based comparability
payment percentage expressed as a numeral.
``(3) No allowance rate computed under paragraph (2) may
be less than zero.
``(4) Each allowance rate computed under paragraph (2)
shall be paid as a percentage of basic pay (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special
rate of pay under section 5305 or similar provision of
law).''.

SEC. _03. ADJUSTMENT OF SPECIAL RATES.

(a) In General.--Each special rate of pay established
under section 5305 of title 5, United States Code, and
payable in an area designated as a cost-of-living allowance
area under section 5941(a) of that title, shall be adjusted,
on the dates prescribed by section _04 of this title, in
accordance with regulations prescribed by the Director of the
Office of Personnel Management under section _08 of this
title.
(b) Agencies With Statutory Authority.--
(1) In general.--Each special rate of pay established
under an authority described under paragraph (2) and payable
in a location designated as a cost-of-living allowance area
under section 5941(a)(1) of title 5, United States Code,
shall be adjusted in accordance with regulations prescribed
by the applicable head of the agency that are consistent with
the regulations issued by the Director of the Office of
Personnel Management under subsection (a).
(2) Statutory authority.--The authority referred to under
paragraph (1), is any statutory authority that--
(A) is similar to the authority exercised under section
5305 of title 5, United States Code;
(B) is exercised by the head of an agency when the head
of the agency determines it to be necessary in order to
obtain or retain the services of persons specified by
statute; and
(C) authorizes the head of the agency to increase the
minimum, intermediate, or maximum rates of basic pay
authorized under applicable statutes and regulations.
(c) Temporary Adjustment.--Regulations issued under
subsection (a) or (b) may provide that statutory limitations
on the amount of such special rates may be temporarily raised
to a higher level during the transition period described in
section _04 ending on the first day of the first pay period
beginning on or after January 1, 2012, at which time any
special rate of pay in excess of the applicable limitation
shall be converted to a retained rate under section 5363 of
title 5, United States Code.

SEC. _04. TRANSITION SCHEDULE FOR LOCALITY-BASED
COMPARABILITY PAYMENTS.

Notwithstanding any other provision of this title or
section 5304 or 5304a of title 5, United States Code, in
implementing the amendments made by this title, for each non-
foreign area determined under section 5941(b) of that title,
the applicable rate for the locality-based comparability
adjustment that is used in the computation required under
section 5941(c) of that title shall be adjusted effective on
the first day of the first pay period beginning on or after
January 1--
(1) in calendar year 2010, by using \1/3\ of the locality
pay percentage for the rest of United States locality pay
area;
(2) in calendar year 2011, by using \2/3\ of the
otherwise applicable comparability payment approved by the
President for each non-foreign area; and
(3) in calendar year 2012 and each subsequent year, by
using the full amount of the applicable comparability payment
approved by the President for each non-foreign area.

SEC. _05. SAVINGS PROVISION.

(a) In general.--During the period described under
section _04 of this title, an employee paid a special rate
under 5305 of title 5, United States Code, who the day before
the date of enactment of this Act was eligible to receive a
cost-of-living allowance under section 5941 of title 5,
United States Code, and who continues to be officially
stationed in an allowance area, shall receive an increase in
the employee's special rate consistent with increases in the
applicable special rate schedule. For employees in allowance
areas, the minimum step rate for any grade of a special rate
schedule shall be increased at the time of an increase in the
applicable locality rate percentage for the allowance area by
not less than the dollar increase in the locality-based
comparability payment for a non-special rate employee at the
same minimum step provided under section _04 of this title,
and corresponding increases shall be provided for all step
rates of the given pay range.
(b) Continuation of cost of living allowance rate.--If an
employee, who the day before the date of enactment of this
Act was eligible to receive a cost-of-living allowance under
section 5941 of title 5, United States Code, would receive a
rate of basic pay and applicable locality-based comparability
payment which is in excess of the maximum rate limitation set
under section 5304(g) of title 5, United States Code, for his
position (but for that maximum rate limitation) due to the
operation of this title, the employee shall continue to
receive the cost-of-living allowance rate in effect on
December 31, 2009 without adjustment until--
(A) the employee leaves the allowance area or pay system;
or
(B) the employee is entitled to receive basic pay
(including any applicable locality-based comparability
payment or similar supplement) at a higher rate,
but, when any such position becomes vacant, the pay of any
subsequent appointee thereto shall be fixed in the manner
provided by applicable law and regulation.
(c) Locality-based comparability payments.--Any employee
covered under paragraph (2) shall receive any applicable
locality-based comparability payment extended under section
_04 of this title which is not in excess of the maximum rate
set under section 5304(g) of title 5, United States Code, for
his position including any future increase to statutory pay
limitations under 5318 of title 5, United States Code.
Notwithstanding paragraph (2), to the extent that an employee
covered under that paragraph receives any amount of locality-
based comparability payment, the cost-of-living allowance
rate under that paragraph shall be reduced accordingly, as
provided under section 5941(c)(2)(B) of title 5, United
States Code.

SEC. _06. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

(a) In General.--
(1) Definition.--In this subsection, the term ``covered
employee'' means--
(A) any employee who--
(i) on the day before the date of enactment of this Act--

(I) was eligible to be paid a cost-of-living allowance
under 5941 of title 5, United States Code; and
(II) was not eligible to be paid locality-based
comparability payments under 5304 or 5304a of that title; or

(ii) on or after the date of enactment of this Act
becomes eligible to be paid a cost-of-living allowance under
5941 of title 5, United States Code; or
(B) any employee who--
(i) on the day before the date of enactment of this Act--

(I) was eligible to be paid an allowance under section
1603(b) of title 10, United States Code;
(II) was eligible to be paid an allowance under section
1005(b) of title 39, United States Code;
(III) was employed by the Transportation Security
Administration of the Department of Homeland Security and was
eligible to be paid an allowance based on section 5941 of
title 5, United States Code; or
(IV) was eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code; or

(ii) on or after the date of enactment of this Act--

[[Page S6313]]

(I) becomes eligible to be paid an allowance under
section 1603(b) of title 10, United States Code;
(II) becomes eligible to be paid an allowance under
section 1005(b) of title 39, United States Code;
(III) is employed by the Transportation Security
Administration of the Department of Homeland Security and
becomes eligible to be paid an allowance based on section
5941 of title 5, United States Code; or
(IV) is eligible to be paid under any other authority a
cost-of-living allowance that is equivalent to the cost-of-
living allowance under section 5941 of title 5, United States
Code.

(2) Application to covered employees.--
(A) In general.--Notwithstanding any other provision of
law, for purposes of this title (including the amendments
made by this title) any covered employee shall be treated as
an employee to whom section 5941 of title 5, United States
Code (as amended by section _02 of this title), and section
_04 of this title apply.
(B) Pay fixed by statute.--Pay to covered employees under
section 5304 or 5304a of title 5, United States Code, as a
result of the application of this title shall be considered
to be fixed by statute.
(C) Performance appraisal system.--With respect to a
covered employee who is subject to a performance appraisal
system no part of pay attributable to locality-based
comparability payments as a result of the application of this
title including section 5941 of title 5, United States Code
(as amended by section _02 of this title), may be reduced on
the basis of the performance of that employee.
(b) Postal Employees in Non-Foreign Areas.--
(1) In general.--Section 1005(b) of title 39, United
States Code, is amended--
(A) by inserting ``(1)'' after ``(b)'';
(B) by striking ``Section 5941,'' and inserting ``Except
as provided under paragraph (2), section 5941'';
(C) by striking ``For purposes of such section,'' and
inserting ``Except as provided under paragraph (2), for
purposes of section 5941 of that title,''; and
(D) by adding at the end the following:
``(2) On and after the date of enactment of the Non-
Foreign Area Retirement Equity Assurance Act of 2009--
``(A) the provisions of that Act and section 5941 of
title 5 shall apply to officers and employees covered by
section 1003 (b) and (c) whose duty station is in a
nonforeign area; and
``(B) with respect to officers and employees of the
Postal Service (other than those officers and employees
described under subparagraph (A)) of section _06(b)(2) of
that Act shall apply.''.
(2) Continuation of cost of living allowance.--
(A) In general.--Notwithstanding any other provision of
this title, any employee of the Postal Service (other than an
employee covered by section 1003 (b) and (c) of title 39,
United States Code, whose duty station is in a nonforeign
area) who is paid an allowance under section 1005(b) of that
title shall be treated for all purposes as if the provisions
of this title (including the amendments made by this title)
had not been enacted, except that the cost-of-living
allowance rate paid to that employee--
(i) may result in the allowance exceeding 25 percent of
the rate of basic pay of that employee; and
(ii) shall be the greater of--

(I) the cost-of-living allowance rate in effect on
December 31, 2009 for the applicable area; or
(II) the applicable locality-based comparability pay
percentage under section _04.

(B) Rule of construction.--Nothing in this title shall be
construed to--
(i) provide for an employee described under subparagraph
(A) to be a covered employee as defined under subsection (a);
or
(ii) authorize an employee described under subparagraph
(A) to file an election under section _07 of this title.

SEC. _07. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY
COMPUTATION BY EMPLOYEES.

(a) Definition.--In this section the term ``covered
employee'' means any employee--
(1) to whom section _04 applies;
(2) who is separated from service by reason of retirement
under chapter 83 or 84 of title 5, United States Code, during
the period of January 1, 2010, through December 31, 2012; and
(3) who files an election with the Office of Personnel
Management under subsection (b).
(b) Election.--
(1) In general.--An employee described under subsection
(a) (1) and (2) may file an election with the Office of
Personnel Management to be covered under this section.
(2) Deadline.--An election under this subsection may be
filed not later than December 31, 2012.
(c) Computation of Annuity.--
(1) In general.--Except as provided under paragraph (2),
for purposes of the computation of an annuity of a covered
employee any cost-of-living allowance under section 5941 of
title 5, United States Code, paid to that employee during the
first applicable pay period beginning on or after January 1,
2010 through the first applicable pay period ending on or
after December 31, 2012, shall be considered basic pay as
defined under section 8331(3) or 8401(4) of that title.
(2) Limitation.--The amount of the cost-of-living
allowance which may be considered basic pay under paragraph
(1) may not exceed the amount of the locality-based
comparability payments the employee would have received
during that period for the applicable pay area if the
limitation under section _04 of this title did not apply.
(d) Civil Service Retirement and Disability Retirement
Fund.--
(1) Employee contributions.--A covered employee shall pay
into the Civil Service Retirement and Disability Retirement
Fund--
(A) an amount equal to the difference between--
(i) employee contributions that would have been deducted
and withheld from pay under section 8334 or 8422 of title 5,
United States Code, during the period described under
subsection (c) of this section if the cost-of-living
allowances described under that subsection had been treated
as basic pay under section 8331(3) or 8401(4) of title 5,
United States Code; and
(ii) employee contributions that were actually deducted
and withheld from pay under section 8334 or 8422 of title 5,
United States Code, during that period; and
(B) interest as prescribed under section 8334(e) of title
5, United States Code, based on the amount determined under
subparagraph (A).
(2) Agency contributions.--
(A) In general.--The employing agency of a covered
employee shall pay into the Civil Service Retirement and
Disability Retirement Fund an amount for applicable agency
contributions based on payments made under paragraph (1).
(B) Source.--Amounts paid under this paragraph shall be
contributed from the appropriation or fund used to pay the
employee.
(3) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this section.

SEC. _08. REGULATIONS.

(a) In General.--The Director of the Office of Personnel
Management shall prescribe regulations to carry out this
title, including--
(1) rules for special rate employees described under
section _03;
(2) rules for adjusting rates of basic pay for employees
in pay systems administered by the Office of Personnel
Management when such employees are not entitled to locality-
based comparability payments under section 5304 of title 5,
United States Code, without regard to otherwise applicable
statutory pay limitations during the transition period
described in section _04 ending on the first day of the first
pay period beginning on or after January 1, 2012; and
(3) rules governing establishment and adjustment of saved
or retained rates for any employee whose rate of pay exceeds
applicable pay limitations on the first day of the first pay
period beginning on or after January 1, 2012.
(b) Other Pay Systems.--With the concurrence of the
Director of the Office of Personnel Management, the
administrator of a pay system not administered by the Office
of Personnel Management shall prescribe regulations to carry
out this title with respect to employees in such pay system,
consistent with the regulations prescribed by the Office
under subsection (a). With respect to employees not entitled
to locality-based comparability payments under section 5304
of title 5, United States Code, regulations prescribed under
this subsection may provide for special payments or
adjustments for employees who were eligible to receive a
cost-of-living allowance under section 5941 of that title on
the date before the date of enactment of this Act.

SEC. _09. EFFECTIVE DATES.

(a) In General.--Except as provided by subsection (b),
this title (including the amendments made by this title)
shall take effect on the date of enactment of this Act.
(b) Locality Pay and Schedule.--The amendments made by
section _02 and the provisions of section _04 shall take
effect on the first day of the first applicable pay period
beginning on or after January 1, 2010.
TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

SEC. __1. SHORT TITLE.

This title may be cited as the ``Part-Time Reemployment
of Annuitants Act of 2009''.

SEC. __2. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System.--Section 8344 of
title 5, United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(k)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an
annuitant appointed under a temporary appointment limited to
1 year or less.

[[Page S6314]]

``(2) The head of an agency may waive the application of
subsection (a) or (b) with respect to any annuitant who is
employed in such agency as a limited time appointee, if the
head of the agency determines that the employment of the
annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs
of employees;
``(F) assist in the recruitment or retention of
employees; or
``(G) respond to an emergency involving a direct threat
to life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by
that annuitant during the period ending 6 months following
the individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by
that annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver
by the head of an agency under this subsection or section
8468(i) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver
by the head of an agency under this subsection or section
8468(i) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the
need for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the
report under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel
Management may promulgate regulations providing for the
administration of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited
by law, require employing agencies to provide records of such
employment to the Office of Personnel Management or other
employing agencies as necessary to ensure compliance with
paragraph (3);
``(iii) authorize other administratively convenient
periods substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for the effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees
by any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees
by any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited
time appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) or (b)
shall terminate 5 years after the date of enactment of the
Part-Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and inserting
``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and
inserting ``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of
title 5, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(h)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an
annuitant appointed under a temporary appointment limited to
1 year or less.
``(2) The head of an agency may waive the application of
subsection (a) with respect to any annuitant who is employed
in such agency as a limited time appointee, if the head of
the agency determines that the employment of the annuitant is
necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs
of employees;
``(F) assist in the recruitment or retention of
employees; or
``(G) respond to an emergency involving a direct threat
to life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by
that annuitant during the period ending 6 months following
the individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by
that annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver
by the head of an agency under this subsection or section
8344(l) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver
by the head of an agency under this subsection or section
8344(l) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the
need for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the
report under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel
Management may promulgate regulations providing for the
administration of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited
by law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient
periods substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees
by any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees
by any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited
time appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) shall
terminate 5 years after the date of enactment of the Part-
Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and inserting
``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and
inserting ``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made
by this section may be construed to authorize the waiver of
the hiring preferences under chapter 33 of title 5, United
States Code in selecting annuitants to employ in an
appointive or elective position.

[[Page S6315]]

(d) Technical and Conforming Amendments.--Section
1005(d)(2) of title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report regarding the use of the authority
under the amendments made by section __2.
(b) Contents.--The report submitted under subsection (a)
shall--
(1) include the number of annuitants for whom a waiver
was made under subsection (l) of section 8344 of title 5,
United States Code, as amended by this title, or subsection
(i) of section 8468 of title 5, United States Code, as
amended by this title; and
(2) identify each agency that used the authority
described in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined
under sections 8344(l)(1) and 8468(i)(1)(A) of title 5,
United States Code, as added by section __2 of this title)
shall--
(1) collect and maintain data necessary for purposes of
the Comptroller General report submitted under subsection
(a); and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
______

SA 1302. Mrs. HAGAN submitted an amendment intended to be proposed to
amendment SA 1251 submitted by Mrs. Hagen and intended to be proposed
to the bill H.R. 1256, to protect the public health by providing the
Food and Drug Administration with certain authority to regulate tobacco
products, to amend title 5, United States Code, to make certain
modifications in the Thrift Savings Plan, the Civil Service Retirement
System, and the Federal Employees' Retirement System, and for other
purposes; which was ordered to lie on the table; as follows:

On page 1 of the amendment, line 6, strike ``includes'' and
all that follows through line 7 on page 2, and insert the
following: ``means a tobacco product manufacturer that
employs fewer than 350 employees. For purposes of determining
the number of employees of a manufacturer under the preceding
sentence--
``(A) the employees of a manufacturer are deemed to include
the employees of each entity that controls, is controlled by,
or is under common control with such manufacturer; and
``(B) except that in the case of a farmer owned tobacco
grower cooperative that is also tobacco manufacturer, any
employees whose responsibilities and compensation in no way
support, are connected to, or are dependent upon the
manufacture, fabrication, assembly, processing, labeling,
storage or marketing of tobacco products, including
cigarettes, roll-your-own tobacco, cigars, small cigar or
cigarette tubes shall not be deemed employees of the tobacco
product manufacturer.''.

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