Home > 108th Congressional Bills > H.R. 1810 (ih) To require door delivery of mail sent to persons residing in senior communities. [Introduced in House] ...H.R. 1810 (ih) To require door delivery of mail sent to persons residing in senior communities. [Introduced in House] ...
as so amended as (a)(1)(C);
(4) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Each employing agency having participants
shall contribute to the Fund the amount computed in a
manner similar to that used under section 8334(a) of
title 5, United States Code, pursuant to determinations
of the normal cost percentage of the Foreign Service
Retirement and Disability System. Contributions under
this subparagraph shall be paid from the appropriations
or fund used for payment of the salary of the
participant.'';
(5) in subsection (a)(2)(A) by striking ``An equal amount
shall be contributed by the Department'' and inserting in its
place ``Each employing agency having participants shall
contribute to the Fund the amount computed in a manner similar
to that used under section 8334(a) of title 5, United States
Code, pursuant to determinations of the normal cost percentage
of the Foreign Service Retirement and Disability System''; and
(6) in subsection (a)(2)(B) by striking ``An equal amount
shall be contributed by the Department'' and inserting in its
place ``Each employing agency having participants shall
contribute to the Fund from amounts available for salaries and
expenses the amount computed in a manner similar to that used
under section 8334(a) of title 5, United States Code, pursuant
to determinations of the normal cost percentage of the Foreign
Service Retirement and Disability System'';
(d) by repealing sections 821 and 822 (22 U.S.C. 4061 and 4062) and
by adding the following new section:
``Sec. 821. Unfunded Liability.--(a)(1) Not later than June 30,
2004, the Secretary of State shall cause to be made actuarial
valuations of the Fund that determine the unfunded liability of the
Fund, as of September 30, 2003, attributable to benefits payable under
this subchapter and make recommendations regarding its liquidation.
After considering such recommendations, the Secretary of State shall
establish an amortization schedule, including a series of annual
installments commencing October 1, 2004, which provides for the
liquidation of such liability by October 1, 2043.
``(2) The Secretary of State shall redetermine the unfunded
liability of the Fund as of the close of the fiscal year, for each
fiscal year beginning after September 30, 2003, through the fiscal year
ending September 30, 2038, and shall establish a new amortization
schedule, including a series of annual installments commencing on
October 1 of the second subsequent fiscal year, which provides for the
liquidation of such liability by October 1, 2043.
``(3) The Secretary of State shall redetermine the unfunded
liability of the Fund as of the close of the fiscal year for each
fiscal year beginning after September 30, 2038, and shall establish a
new amortization schedule, including a series of annual installments
commencing on October 1 of the second subsequent fiscal year, which
provides for the liquidation of such liability over five years.
``(4) Amortization schedules established under this subsection
shall be set in accordance with generally accepted actuarial practices
and principles, with interest computed at the rate used in the most
recent valuation of the Foreign Service Retirement and Disability
System.
``(b) At the beginning of each fiscal year, beginning on October 1,
2004, the Secretary of State shall notify the Secretary of the Treasury
of the amount of the first installment under the most recent
amortization schedule established under paragraph (1). The Secretary of
the Treasury shall credit that amount to the Fund, as a Government
contribution, out of any money in the Treasury of the United States not
otherwise appropriated.'';
(e) in section 857(b)(1) (22 U.S.C. 4071f(b)(1)) by striking
``equal annual installments'' and inserting ``annual installments set
in accordance with generally accepted actuarial practices and
principles'';
(f) in section 859 (22 U.S.C. 4071h) by adding ``percentage'' after
``normal cost'';
(g) in section 802 (22 U.S.C. 4042) by adding at the end the
following: ``The Fund is appropriated for the payment of benefits as
provided by this subchapter.''; and
(h) in section 818 (22 U.S.C. 4058) by striking ``System'' and
inserting ``Systems under this subchapter''.
SEC. 304. PUBLIC HEALTH SERVICE COMMISSIONED CORPS RETIREMENT SYSTEM.
(a) In General.--Title II of the Public Health Service Act (42
U.S.C. 202 et seq.) is amended by adding at the end the following new
part:
``PART C--PUBLIC HEALTH SERVICE COMMISSIONED CORPS RETIREMENT SYSTEM
``establishment and purpose of fund
``Sec. 251. There is established on the books of the Treasury a
fund to be known as the Public Health Service Commissioned Corps
Retirement Fund (hereinafter in this part referred to as the `Fund'),
which shall be administered by the Secretary. The Fund shall be used
for the accumulation of funds in order to finance on an actuarially
sound basis liabilities of the Department of Health and Human Services
for benefits payable on account of retirement, disability, or death to
commissioned officers of the Public Health Service and to their
survivors pursuant to part A of this title.
``assets of the fund
``Sec. 252. There shall be deposited into the Fund the following,
which shall constitute the assets of the Fund:
``(1) Amounts paid into the Fund under section 255.
``(2) Any return on investment of the assets of the Fund.
``(3) Amounts transferred into the Fund pursuant to section
304(c) of the Budget Fraud Elimination Act of 2003.
``payment from the fund
``Sec. 253. There shall be paid from the Fund benefits payable on
account of retirement, disability, or death to commissioned officers of
the Public Health Service and to their survivors pursuant to part A of
this title.
``determination of contributions to the fund
``Sec. 254. (a)(1) Not later than June 30, 2004, the Secretary
shall determine the unfunded liability of the Fund attributable to
service performed as of September 30, 2003, which is `active service'
for the purpose of section 212. The Secretary shall establish an
amortization schedule, including a series of annual installments
commencing October 1, 2004, which provides for the liquidation of such
liability by October 1, 2043.
``(2) The Secretary shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year, for each fiscal year beginning
after September 30, 2003, through the fiscal year ending September 30,
2038, and shall establish a new amortization schedule, including a
series of annual installments commencing on October 1 of the second
subsequent fiscal year, which provides for the liquidation of such
liability by October 1, 2043.
``(3) The Secretary shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year for each fiscal year beginning
after September 30, 2038, and shall establish a new amortization
schedule, including a series of annual installments commencing on
October 1 of the second subsequent fiscal year, which provides for the
liquidation of such liability over 5 years.
``(b) The Secretary shall determine each fiscal year, in sufficient
time for inclusion in the budget request for the following fiscal year,
the total amount of Department of Health and Human Services
contributions to be made to the Fund during the fiscal year under
section 255(a). That amount shall be the sum of--
``(1) the product of--
``(A) the current estimate of the value of the
single level percentage of basic pay to be determined
under subsection (c)(1) at the time of the most recent
actuarial valuation under subsection (c); and
``(B) the total amount of basic pay expected to be
paid during that fiscal year to commissioned officers
of the Public Health Service on active duty (other than
active duty for training); and
``(2) the product of--
``(A) the current estimate of the value of the
single level percentage of basic pay and of
compensation (paid pursuant to section 206 of title 37,
United States Code) to be determined under subsection
(c)(2) at the time of the most recent actuarial
valuation under subsection (c); and
``(B) the total amount of basic pay and of
compensation (paid pursuant to section 206 of title 37,
United States Code) expected to be paid during the
fiscal year to commissioned officers of the Reserve
Corps of the Public Health Service (other than officers
on full-time duty other than for training) who are not
otherwise described in subparagraph (A).
``(c) Not less often than every four years thereafter (or by the
fiscal year end prior to the effective date of any statutory change
affecting benefits payable on account of retirement, disability, or
death to commissioned officers or their survivors), the Secretary shall
carry out an actuarial valuation of benefits payable on account of
retirement, disability, or death to commissioned officers of the Public
Health Service and to their survivors pursuant to part A of this title.
Each such actuarial valuation shall be signed by an enrolled Actuary
and shall include--
``(1) a determination (using the aggregate entry-age normal
cost method) of a single level percentage of basic pay for
commissioned officers of the Public Health Service on active
duty (other than active duty for training); and
``(2) a determination (using the aggregate entry-age normal
cost method) of a single level percentage of basic pay and of
compensation (paid pursuant to section 206 of title 37, United
States Code) of commissioned officers of the Reserve Corps of
the Public Health Service (other than officers on full time
duty other than for training) who are not otherwise described
in paragraph (1).
``(d) All determinations under this section shall be in accordance
with generally accepted actuarial principles and practices and, where
appropriate, shall follow the general pattern of methods and
assumptions approved by the Department of Defense Retirement Board of
Actuaries.
``(e) The Secretary shall provide for the keeping of such records
as are necessary for determining the actuarial status of the Fund.
``payments into the fund
``Sec. 255. (a) From amounts available to the Department of Health
and Human Services for salaries and expenses, the Secretary shall pay
into the Fund at the end of each month the amount that is the sum of--
``(1) the product of--
``(A) the level percentage of basic pay determined
using all the methods and assumptions approved for the
most recent (as of the first day of the current fiscal
year) actuarial valuation under sections 254(c)(1)
(except that any statutory change affecting benefits
payable on account of retirement, disability, or death
to commissioned officers or their survivors that is
effective after the date of that valuation and on or
before the first day of the current fiscal year shall
be used in such determination); and
``(B) the total amount of basic pay accrued for
that month by commissioned officers of the Public
Health Service on active duty (other than active duty
for training); and
``(2) the product of--
``(A) the level percentage of basic pay and of
compensation (paid pursuant to section 206 of title 37,
United States Code) determined using all the methods
and assumptions approved for the most recent (as of the
first day of the current fiscal year) actuarial
valuation under section 254(c)(2) (except that any
statutory change affecting benefits payable on account
of retirement, disability, or death to commissioned
officers or their survivors that is effective after the
date of that valuation and on or before the first day
of the current fiscal year shall be used in such determinations); and
``(B) the total amount of basic pay and of
compensation (paid pursuant to section 206 of title 37,
United States Code) accrued for that month by
commissioned officers of the Reserve Corps of the
Public Health Service (other than officers on full-time
duty other than for training).
``(b) At the beginning of each fiscal year, beginning on October 1,
2004, the Secretary shall certify to the Secretary of the Treasury the
amount of the first installment under the most recent amortization
schedule established under section 254(a). The Secretary of the
Treasury shall pay into the Fund from the General Fund of the Treasury
the amount so certified. Such payment shall be the contribution to the
Fund for that fiscal year.
``investments of assets of fund
``Sec. 256. The Secretary may request the Secretary of the Treasury
to invest such portion of the Fund as is not, in the judgment of the
Secretary, required to meet the current needs of the Fund. Such
investments shall be made by the Secretary of the Treasury in public
debt securities with maturities suitable to the needs of the Fund, as
determined by the Secretary, and bearing interest at rates determined
by the Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the United
States of comparable maturities. The income on such investments shall
be credited to and form a part of the Fund.
``implementation year exceptions
``Sec. 257. (a) To avoid funding shortfalls in the first year
should formal actuarial determinations not be available in time for
budget preparation, the amounts used in the first year in sections
255(a)(1)(A) and 255(a)(2)(A) shall be set equal to those estimates in
sections 254(b)(1)(A) and 254(b)(2)(A) if final determinations are not
available. The original unfunded liability as defined in section 254(a)
shall include an adjustment to correct for this difference between the
formal actuarial determinations and the estimates in sections
254(b)(1)(A) and 254(b)(2)(A).''.
(b) Conforming Amendments.--
(1) Condition of detail.--Section 214 of the Public Health
Service Act (42 U.S.C. 215) is amended by adding at the end the
following new subsection:
``(e) The Secretary shall condition any detail under subsection
(a), (b), or (c) upon the agreement of the executive department, State,
subdivision, Committee of the Congress, or institution concerned to pay
to the Department of Health and Human Services, in advance or by way of
reimbursement, for the full cost of the detail including that portion
of the contributions under section 255(a) that is attributable to the
detailed personnel.''.
(2) Exemption from sequestration.--Section 255(g)(1) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 905(g)(1)) is amended--
(A) in subparagraph (A), by inserting after the
item relating to ``payment to the foreign service
retirement and disability fund'' the following item:
``Payment to the Public Health Service Commissioned
Corps Retirement Fund (75-0380-0-1-551);''; and
(B) in subparagraph (B), by inserting after the
item relating to the ``Pensions for former Presidents''
the following item: ``Public Health Service
Commissioned Corps Retirement Fund (75-8274-0-7-
602);''.
(c) Transfer of Appropriations.--There shall be transferred on
October 1, 2005, into the fund established under section 251 of the
Public Health Service Act, as added by subsection (a), any obligated or
unobligated balances of appropriations made to the Department of Health
and Human Services that are currently available for benefits payable on
account of retirement, disability, or death to commissioned officers of
the Public Health Service and to their survivors pursuant to part A of
title II of the Public Health Service Act, and amounts so transferred
shall be part of the assets of the Fund.
SEC. 305. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED
OFFICER CORPS RETIREMENT SYSTEM.
(a) In General.--The National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (title II of
Public Law 107-372) is amended by inserting after section 246 (33
U.S.C. 3046) the following new section:
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