[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 407 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 407
_______________________________________________________________________
AN ACT
To provide redress to the employees of Air America.
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 ``Air America Act of 2022''.
SEC. 2. AIR AMERICA.
(a) Findings.--Congress finds the following:
(1) Air America, Incorporated (referred to in this section
as ``Air America'') and its related cover corporate entities
were wholly owned and controlled by the United States
Government and directed and managed by the Department of
Defense, the Department of State, and the Central Intelligence
Agency from 1950 to 1976.
(2) Air America, a corporation owned by the Government of
the United States, constituted a ``Government corporation'', as
defined in section 103 of title 5, United States Code.
(3) The service and sacrifice of the employees of Air
America included--
(A) suffering a high rate of casualties in the
course of employment;
(B) saving thousands of lives in search and rescue
missions for downed United States airmen and allied
refugee evacuations; and
(C) lengthy periods of service in challenging
circumstances abroad.
(b) Definitions.--In this section--
(1) the term ``affiliated company'', with respect to Air
America, includes Air Asia Company Limited, CAT Incorporated,
Civil Air Transport Company Limited, and the Pacific Division
of Southern Air Transport;
(2) the term ``qualifying service'' means service that--
(A) was performed by a United States citizen as an
employee of Air America or an affiliated company during
the period beginning on January 1, 1950, and ending on
December 31, 1976; and
(B) is documented in the attorney-certified
corporate records of Air America or any affiliated
company;
(3) the term ``survivor'', with respect to an individual
who performed qualifying service, means--
(A) a widow or widower of the individual who
performed qualifying service; or
(B) an individual who, at any time during or since
the period of qualifying service, was a dependent or
child of the individual who performed qualifying
service; and
(4) the terms ``widow'', ``widower'', ``dependent'', and
``child'' have the meanings given those terms in section
8341(a) of title 5, United States Code, except that that
section shall be applied by substituting ``individual who
performed qualifying service'' for ``employee or Member''.
(c) Creditable Service.--Any period of qualifying service shall be
treated as creditable service for purposes of subchapter III of chapter
83 of title 5, United States Code.
(d) Rights.--
(1) In general.--An individual who performed qualifying
service or a survivor of such an individual--
(A) shall be entitled to the rights, retroactive as
applicable, provided to employees and their survivors
for creditable service under the Civil Service
Retirement System under subchapter III of chapter 83 of
title 5, United States Code, with respect to that
qualifying service; and
(B) may submit an application for benefits based on
the qualifying service to the Office of Personnel
Management not later than 2 years after the effective
date under section 2(g) of this Act.
(2) Individuals deceased before date of enactment.--A
survivor of an individual who performed qualifying service and
became eligible, by reason of this Act, for benefits based on
the qualifying service under subchapter III of chapter 83 of
title 5, United States Code (but became deceased before the
date of enactment of this Act)--
(A) may submit an application for benefits based on
the qualifying service to the Office of Personnel
Management not later than 2 years after the effective
date under section 2(g) of this Act, disregarding any
requirement that an employee have filed an application
while living; and
(B) upon submission of the application under
subparagraph (A), shall be eligible for a survivor
annuity under section 8341 of title 5, United States
Code, equal to 55 percent (or 50 percent if the
deceased individual retired before October 11, 1962) of
the self-only annuity (as defined in section 838.103 of
title 5, Code of Federal Regulations (or any successor
regulation)) that otherwise would have been paid to the
deceased individual.
(e) Deduction, Contribution, and Deposit Requirements.--The deposit
of funds in the Treasury of the United States made by Air America in
the form of a lump-sum payment apportioned in part to the Civil Service
Disability and Retirement Fund in 1976 is deemed to satisfy the
deduction, contribution, and deposit requirements under section 8334 of
title 5, United States Code, with respect to all periods of qualifying
service.
(f) Rule of Construction.--Nothing in this Act shall be construed
to set any type of precedent for purposes of civil service retirement
credit with the Civil Service Retirement and Disability Fund or any
successor fund.
(g) Effective Date.--This Act shall take effect on the date that is
30 days after the date of enactment of this Act.
Passed the Senate June 14, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 407
_______________________________________________________________________
AN ACT
To provide redress to the employees of Air America.