[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5337 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5337
To amend title 5, United States Code, to allow periods of certain
service performed as an employee under certain Cooperative Federal-
State programs to be creditable for purposes of civil service
retirement.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 5, 2002
Mrs. Morella introduced the following bill; which was referred to the
Committee on Government Reform
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to allow periods of certain
service performed as an employee under certain Cooperative Federal-
State programs to be creditable for purposes of civil service
retirement.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Extended Retirement
Credit Act of 2002''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to extend creditable service, for purposes of the Civil
Service Retirement System, for periods of service in certain
qualified Federal-State cooperative programs which had
agricultural or related purposes;
(2) to expedite the retirement of certain Federal
Government employees by providing them improved retirement
opportunities at typical retirement ages, thereby mitigating
potentially adverse effects of deficit control measures on the
welfare of those and other employees of the United States
Department of Agriculture; and
(3) to effect savings in budget authority and outlays in
the Department of Agriculture in such a manner that the
potential for adverse effects on program effectiveness is
minimized.
SEC. 3. EXTENSION OF CREDITABLE SERVICE.
(a) Extended Credit Defined.--Section 8331 of title 5, United
States Code, is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(3) by adding after such paragraph (28) the following:
``(29) `extended credit' means creditable service for
periods of service in Federal-State cooperative programs under
section 8332(b)(18).''.
(b) Creditable Service.--Section 8332(b) of title 5, United States
Code, is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by adding after such paragraph (17) the following:
``(18) subject to sections 8334(c) and 8339(i), service
performed before January 1, 1984, by an individual in the
employ of a State or an instrumentality of a State, if--
``(A) such service involved duties related to the
carrying out of a Federal-State cooperative program
described in subsection (o)(1);
``(B) such individual was later employed in a
position which was then subject to this subchapter; and
``(C) such individual (or a survivor thereof) makes
application for certification of credit for such
service on or before the 180th day following the date
of enactment of the Agricultural Extended Retirement
Credit Act of 2002.''.
(c) Certification.--Section 8332(b) of title 5, United States Code,
is further amended by adding at the end the following: ``The Office of
Personnel Management shall accept, for purposes of this subchapter, the
certification of the Secretary of Agriculture, or his designee,
concerning service of the type described in paragraph (18).''.
(d) Cooperative Programs Described.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) The Federal-State cooperative programs described in this
subsection for which creditable service is allowable under subsection
(b)(18) are--
``(A) the Federal-State cooperative program of agricultural
research of the State agricultural experiment stations as
defined in section 1 of the Act entitled `An Act to consolidate
the Hatch Act of 1887 and laws supplementary thereto relating
to the appropriation of Federal funds for support of
agricultural experiment stations in the States, Alaska, Hawaii,
and Puerto Rico', approved August 11, 1955 (69 Stat. 671);
``(B) the Federal-State cooperative program of forestry
research at eligible institutions of the State as defined in
section 2 of the Act entitled `An Act to authorize the
Secretary of Agriculture to encourage and assist the several
States in carrying on a program of forestry research, and for
other purposes', approved October 10, 1962 (76 Stat. 806), and
popularly referred to as the McIntire-Stennis Act;
``(C) the Federal-State cooperative program of agricultural
research for the fiscal year ending June 30, 1967 and later
fiscal years at the 1890 land-grant colleges, including
Tuskegee Institute, as defined in subsection 1445(a) of the
`National Agricultural Research, Extension, and Teaching Policy
Act of 1977', approved September 29, 1977 (91 Stat. 1009);
``(D) the Federal-State cooperative program of agricultural
extension work authorized by the Act entitled `An Act to
provide for cooperative agricultural extension work between the
agricultural colleges in the several States receiving the
benefits of an Act of Congress approved July second,
eighteen hundred and sixty-two, and of Acts supplementary thereto, and
the United States Department of Agriculture', approved May 8, 1914 (38
Stat. 372), and acts supplementary thereto;
``(E) the Federal-State cooperative program of vocational
education, including State programs of instruction in
vocational agriculture and home economics authorized by the Act
entitled `An Act to provide for the promotion of vocational
education; to provide for cooperation with the States in the
promotion of such education in agriculture and the trades and
industries; to provide for cooperation with the States in the
preparation of teachers of vocational subjects; and to
appropriate money and regulate its expenditure', approved
February 23, 1917 (39 Stat. 929), and acts supplementary
thereto;
``(F) the Federal-State cooperative program in marketing
service and research authorized by the Agricultural Marketing
Act of 1946, approved August 14, 1946 (60 Stat. 1087), and
predecessor programs, including programs to inspect, certify,
and identify the class, quality, quantity, and condition of
agricultural products shipped or received in interstate
commerce;
``(G) the Federal-State cooperative program for the control
of plant pests and animal diseases authorized by the subheading
entitled `Federal Horticulture Board' under the heading
entitled `Department of Agriculture' of the Act entitled `An
Act making appropriations to supply urgent deficiencies in
appropriations for the fiscal year ending June thirtieth,
nineteen hundred and eighteen, and prior fiscal years, on
account of war expenses, and for other purposes', approved
October 6, 1917 (40 Stat. 374); by section 102 of the
Department of Agriculture Organic Act of 1944, approved
September 21, 1944 (58 Stat. 734); by the joint resolution
entitled `Joint resolution making funds available for the
control of incipient or emergency outbreaks of insect pests or
plant diseases, including grasshoppers, mormon crickets, and
chinch bugs', approved April 6, 1937 (50 Stat. 57); by the Act
entitled `An Act to provide for regulating, inspecting,
cleaning, and, when necessary, disinfecting railway cars, other
vehicles, and other materials entering the United States from
Mexico', approved January 31, 1942 (56 Stat. 40); by the Act
entitled `An Act to regulate the importation of nursery stock
and other plants and plant products; to enable the Secretary of
Agriculture to establish and maintain quarantine districts for
plant diseases and insect pests; to permit and regulate the
movement of fruits, plants, and vegetables therefrom, and for
other purposes', approved August 20, 1912 (37 Stat. 315); by
the first paragraph under the subheading entitled `Enforcement
of the Plant-Quarantine Act' under the heading entitled
`Miscellaneous' of the Act entitled `An Act making
appropriations for the Department of Agriculture for the fiscal
year ending June thirtieth, nineteen hundred and fourteen',
approved March 4, 1913 (37 Stat. 853), insofar as such
paragraph relates to the importation of certain plants for
scientific purposes; by the second, third, and fourth
paragraphs under the subheading entitled `Enforcement of the
Plant-Quarantine Act' under the heading entitled
`Miscellaneous' of the Act entitled `An Act making
appropriations for the Department of Agriculture for the fiscal
year ending June thirtieth, nineteen hundred and sixteen',
approved March 4, 1915 (38 Stat. 1113); and by section 11 of
the Act entitled `An Act for the establishment of a Bureau of
Animal Industry, to prevent the exportation of diseased cattle,
and to provide for the suppression and extirpation of
pleuropneumonia and other contagious diseases among domestic
animals', approved May 29, 1884 (23 Stat. 31);
``(H) the Federal-State cooperative programs of forest
protection, management, and improvement performed under
authority of the Act entitled `An Act to provide for the
protection of forest lands, for the reforestation of denuded
areas, for the extension of national forests, and for other
purposes, in order to promote the continuous production of
timber on the lands chiefly suitable therefore', approved June
7, 1924 (43 Stat. 653); of the Cooperative Forest Management
Act, approved August 25, 1950 (64 Stat. 473); and of the Forest
Pest Control Act, approved June 25, 1947 (61 Stat. 177); and
the predecessor programs of any Act referred to in this
paragraph;
``(I) the Federal-State cooperative programs of emergency
relief, including State rural rehabilitation corporation
programs established for the purposes of the Federal Emergency
Relief Act of 1933, approved May 12, 1933 (48 Stat. 55); the
Act entitled `An Act making an additional appropriation to
carry out the purposes of the Federal Emergency Relief Act of
1933, for continuation of the civil works program, and for
other purposes', approved February 15, 1934 (48 Stat. 351); and
title II of the Act entitled `An Act making appropriations to
supply deficiencies in certain appropriations for the fiscal
year ending June 30, 1934, and prior fiscal years, to provide
supplemental general and emergency appropriations for the
fiscal years ending June 30, 1934, and June 30, 1935, and for
other purposes', approved June 19, 1934 (48 Stat. 1021);
``(J) the Federal-State Cooperative Veterans' educational
programs, including part-time instruction in on-the-farm
training programs, as provided for in title II, chapter IV,
`Education of Veterans', of the Serviceman's Readjustment Act
of 1944, approved June 22, 1944 (58 Stat. 287), and subsequent
amendments and Acts pertaining thereto;
``(K) the Federal-State cooperative programs in wildlife
restoration and in fish restoration and management authorized
respectively by the Acts entitled `An Act to provide that the
United States shall aid these States in wildlife restoration
projects, and for other purposes', approved September 2, 1937
(50 Stat. 917), and popularly referred to as the Pittman-
Robertson Act, and `An Act to provide that the United States
shall aid the States in fish restoration and management
projects, and for other purposes', approved August 9, 1950, and
popularly referred to as the Dingell-Johnson Act (64 Stat. 431) and the
program of animal damage control authorized by the Act entitled `An Act
to authorize the Secretary of Agriculture to carry out his ten-year
cooperative program for the eradication, suppression, or bringing under
control of predatory and other wild animals injurious to agriculture,
horticulture, forestry, animal husbandry, wild game, and other
interests, and for the suppression of rabies and tularemia in predatory
or other wild animals, and for other purposes', approved March 2, 1931
(46 Stat. 1468).
``(2) Within 60 days following the date of enactment of the
Agricultural Extended Retirement Credit Act of 2002, the Office of
Personnel Management shall promulgate specific extended credit
application and certification instructions to be followed by the
Secretary of Agriculture in determining eligibility for extended credit
for periods of service in the Federal-State cooperative programs
enumerated in subsection (b)(18), and by individuals in making
application for such extended credit.''.
(e) Annuity Adjustments.--Section 8345 of title 5, United States
Code, is amended by adding at the end the following:
``(m) If the Secretary of Agriculture certifies to the Office of
Personnel Management creditable service for purposes of this subchapter
of the type described in section 8332(b)(17), in response to
application by an annuitant or survivor annuitant, then the annuity of
the annuitant or survivor annuitant shall be adjusted on the first day
of the month following the date of enactment of the Agricultural
Extended Retirement Credit Act of 2002 so that the amount of the
annuity shall be the same as if the total creditable service of the
employee or Member, on whose creditable service the annuity was
computed, had included, on the original date on which the annuity was
computed, the amount of service certified.''.
SEC. 4. EXPEDITED RETIREMENT SAVINGS.
(a) In General.--Notwithstanding any other provisions of law, the
Secretary of Agriculture shall at the end of each pay period for which
both the first and last days occur in the expedited retirement period
transfer to the expedited retirement trust fund, out of any monies
appropriated to the Department of Agriculture, an amount equal to
expedited retirement savings for that pay period.
(b) Definitions.--For the purpose of this section--
(1) the term ``pay period'' means the biweekly Federal pay
period;
(2) the term ``expedited retirement period'' means the
period beginning on the 60th day after the date of enactment of
this Act and ending at the end of the fourth fiscal year which
begins on or after the first day of such period;
(3) the term ``expedited retiree'' means an individual who
retires from a position in the Department of Agriculture on any
day of the expedited retirement period and who receives
extended credit under the amendments made by this Act;
(4) the term ``expedited retiree pay rate'' means the
biweekly regular pay rate of an expedited retiree on his or her
last day of employment before retirement;
(5) the term ``expedited retirement savings'' means, for
any given pay period for which both the first and last days
occurred within the expedited retirement period, the aggregate
of 160 percent of the expedited retiree pay rates for all
expedited retirees whose last day of employment prior to
retirement occurred on or before the first day of the given pay
period; and
(6) the term ``expedited retirement trust fund'' means a
trust fund of the Department of Agriculture which serves as
depository for budget authority and outlay saved in any fiscal
year of the expedited retirement period resulting from
implementation of this Act and amendments made by this Act.
SEC. 5. LIMITATION ON USE OF SAVINGS.
(a) In General.--(1) None of the budget authority and outlays saved
in any fiscal year by reason of the transfer of expedited retirement
savings to the expedited retirement trust fund resulting from the
implementation of this Act and the amendments made by this Act may be
obligated or expended for any purpose.
(2) The total amount of budget authority and outlays saved in any
fiscal year (as described in paragraph (1)) shall, at the end of that
fiscal year be carried to the surplus fund of the Department of
Agriculture and deposited by the Secretary of Agriculture in the
Treasury of the United States to the credit of the Civil Service
Retirement and Disability Fund, as a contribution of the United States
Government to such Fund, under such procedures as the Comptroller
General may prescribe.
(3) The total amount of budget authority and outlays saved in any
fiscal year (as described in paragraph (1)) shall be credited against
any amount of pay and other personnel and direct support costs required
to be sequestered in such fiscal year under the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177).
(b) Audits.--The Comptroller General shall notify Congress, in
writing, of each noncompliance with the requirements of subsection (a).
SEC. 6. PROGRAM REPORT.
(a) In General.--Not later than 1 year after the first day of the
expedited retirement period, the Director of the Office of Personnel
Management shall transmit to Congress a report containing an evaluation
of the expedited retirement savings program.
(b) Contents of Report.--The report under subsection (a) shall
include the following:
(1) The number of employees who retired under the expedited
retirement program, stated by age group of the retirees, and by
grade or other position classification of the retirees.
(2) The amount of expedited retirement savings that have
resulted, before the date of the report, from the
implementation of this Act and the amendments made by this Act.
(c) Administrative Provision.--The Director of the Office of
Personnel Management may obtain from any agency of the Federal
Government such information as the Director determines necessary to
prepare the report required by subsection (a).
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