Air America Act of 2020
This bill establishes the service of Air America employees as qualifying service for purposes of the Civil Service Retirement System. (Air America was a government-owned airline that provided air transport for certain covert operations in Southeast Asia, including Laos and Vietnam, between 1950 and 1976.)
The bill applies to U.S. citizens who were employees of Air America or another affiliated company, as specified, between January 1, 1950 and December 31, 1976. Benefit applications must be filed within two years of the date of enactment of this bill.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8801 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8801
To provide redress to the employees of Air America.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2020
Mr. Grothman (for himself, Mrs. Carolyn B. Maloney of New York, Mrs.
Demings, Mr. Mast, Mr. Gallego, Mr. Lynch, Mr. Kelly of Mississippi,
Ms. Norton, Mr. Stewart, Ms. Brownley of California, Mr. Bilirakis, Mr.
Byrne, and Mr. Waltz) introduced the following bill; which was referred
to the Committee on Oversight and Reform
_______________________________________________________________________
A BILL
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 2020''.
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) It is established that the employees of Air America and
the other entities described in paragraph (1) were Federal
employees.
(4) The employees of Air America were retroactively
excluded from the definition of the term ``employee'' under
section 2105 of title 5, United States Code, on the basis of an
administrative policy change in paperwork requirements
implemented by the Office of Personnel Management 10 years
after the service of the employees had ended and, by extension,
were retroactively excluded from the definition of the term
``employee'' under section 8331 of title 5, United States Code,
for retirement credit purposes.
(5) The employees of Air America were paid as Federal
employees, with salaries subject to--
(A) the General Schedule under subchapter III of
chapter 53 of title 5, United States Code; and
(B) the rates of basic pay payable to members of
the Armed Forces.
(6) 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; and
(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.
(c) Treatment as Federal Employment.--Any period of qualifying
service--
(1) is deemed to have been service of an employee (as
defined in section 2105 of title 5, United States Code) with
the Federal Government; and
(2) shall be treated as creditable service by an employee
for purposes of subchapter III of chapter 83 of title 5, United
States Code.
(d) Rights.--An individual who performed qualifying service, or a
survivor of such an individual, 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.
(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) Application Time Limit.--Section 8345(i)(2) of title 5, United
States Code, shall be applied with respect to the death of an
individual who performed qualifying service by substituting ``2 years
after the effective date under section 2(g) of the Air America Act of
2020'' for ``30 years after the death or other event which gives rise
to title to the benefit''.
(g) Effective Date.--This section shall take effect on the date
that is 30 days after the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Reform.
Sponsor introductory remarks on measure. (CR H6818)
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