[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 633 Enrolled Bill (ENR)]

        H.R.633

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
 To amend the Foreign Service Act of 1980 to provide that the annuities 
 of certain special agents and security personnel of the Department of 
 State be computed in the same way as applies generally with respect to 
        Federal law enforcement officers, and for other purposes.

    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 ``Department of State Special Agents 
Retirement Act of 1998''.

SEC. 2. AMENDMENTS RELATING TO THE FOREIGN SERVICE RETIREMENT AND 
              DISABILITY SYSTEM.

    (a) Definition of a Special Agent.--
        (1) In general.--Section 804 of the Foreign Service Act of 1980 
    (22 U.S.C. 4044) is amended--
            (A) by striking ``and'' at the end of paragraph (13);
            (B) by striking the period at the end of paragraph (14) and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(15) `special agent' means an employee of the Department of 
    State with a primary skill code of 2501--
            ``(A) the duties of whose position--
                ``(i) are primarily--

                    ``(I) the investigation, apprehension, or detention 
                of individuals suspected or convicted of offenses 
                against the criminal laws of the United States; or
                    ``(II) the protection of persons pursuant to 
                section 2709(a)(3) of title 22, United States Code, 
                against threats to personal safety; and

                ``(ii) are sufficiently rigorous that employment 
            opportunities should be limited to young and physically 
            vigorous individuals, as determined by the Secretary of 
            State pursuant to section 4823 of title 22, United States 
            Code;
            ``(B) performing duties described in subparagraph (A) 
        before, on, or after the date of the enactment of this 
        paragraph; or
            ``(C) transferred directly to a position which is 
        supervisory or administrative in nature after performing duties 
        described in subparagraph (A) for at least 3 years.''.
        (2) Conforming amendment.--Section 852 of such Act (22 U.S.C. 
    4071a) is amended--
            (A) by striking ``and'' at the end of paragraph (7);
            (B) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(9) the term `special agent' has the same meaning given in 
    section 804(15).''.
    (b) Contributions.--
        (1) In general.--Section 805(a) of such Act (22 U.S.C. 4045(a)) 
    is amended by adding at the end the following:
    ``(3) For service as a special agent, paragraph (1) shall be 
applied by substituting for `7 percent' the percentage that applies to 
law enforcement officers under section 8334(a)(1) of title 5, United 
States Code.''.
        (2) Conforming amendment.--Section 805(a)(1) (22 U.S.C. 
    4045(a)(1)) of such Act is amended by striking ``Except as provided 
    in subsection (h),'' and inserting ``Except as otherwise provided 
    in this section,''.
    (c) Special Contribution for Prior Nondeposit Service.--Section 
805(d) of such Act (22 U.S.C. 4045(d)) is amended by adding at the end 
the following:
    ``(6) Subject to paragraph (4) and subsection (h), for purposes of 
applying this subsection with respect to prior service as a special 
agent, the percentages of basic pay set forth in section 8334(c) of 
title 5, United States Code, with respect to a law enforcement officer, 
shall apply instead of the percentages set forth in paragraph (1).''.
    (d) Computation of Annuities.--
        (1) In general.--Section 806(a) of such Act (22 U.S.C. 4046(a)) 
    is amended--
            (A) by redesignating paragraph (6) as paragraph (7); and
            (B) by inserting after paragraph (5) the following:
    ``(6)(A) The annuity of a special agent under this subchapter shall 
be computed under paragraph (1) except that, in the case of a special 
agent described in subparagraph (B), paragraph (1) shall be applied by 
substituting for `2 percent'--
        ``(i) the percentage under subparagraph (A) of section 
    8339(d)(1) of title 5, United States Code, for so much of the 
    participant's total service as is specified thereunder; and
        ``(ii) the percentage under subparagraph (B) of section 
    8339(d)(1) of title 5, United States Code, for so much of the 
    participant's total service as is specified thereunder.
    ``(B) A special agent described in this subparagraph is any such 
agent or former agent who--
        ``(i)(I) retires voluntarily or involuntarily under section 
    607, 608, 611, 811, 812, or 813, under conditions authorizing an 
    immediate annuity, other than for cause on charges of misconduct or 
    delinquency, or retires for disability under section 808; and
        ``(II) at the time of retirement--
            ``(aa) if voluntary, is at least 50 years of age and has 
        completed at least 20 years of service as a special agent; or
            ``(bb) if involuntary or disability, has completed at least 
        20 years of service as a special agent; or
        ``(ii) dies in service after completing at least 20 years of 
    service as a special agent, when an annuity is payable under 
    section 809.
    ``(C) For purposes of subparagraph (B), included with the years of 
service performed by an individual as a special agent shall be any 
service performed by such individual as a law enforcement officer 
(within the meaning of section 8331(20) or section 8401(17) of title 5, 
United States Code), or a member of the Capitol Police.''.
        (2) Special rule for special agents with prior service under 
    the foreign service retirement and disability system or the civil 
    service retirement system.--Section 806(a) of such Act (22 U.S.C. 
    4046(a)), as amended by paragraph (1), is further amended--
            (A) by redesignating paragraph (7) (as so redesignated by 
        paragraph (1)) as paragraph (8); and
            (B) by inserting after paragraph (6) (as added by paragraph 
        (1)) the following:
        ``(7) In the case of a special agent who becomes or became 
    subject to subchapter II--
            ``(A) for purposes of paragraph (6)(B), any service 
        performed by the individual as a special agent (whether under 
        this subchapter or under subchapter II), as a law enforcement 
        officer (within the meaning of section 8331(20) or section 
        8401(17) of title 5, United States Code), or as a member of the 
        Capitol Police shall be creditable; and
            ``(B) if the individual satisfies paragraph (6)(B), the 
        portion of such individual's annuity which is attributable to 
        service under the Foreign Service Retirement and Disability 
        System or the Civil Service Retirement System shall be computed 
        in conformance with paragraph (6).''.
        (3) Technical and conforming amendments.--
            (A) Paragraph (8) of section 806(a) of such Act (22 U.S.C. 
        4046(a)), as so redesignated by paragraph (2)(A), is amended by 
        striking ``and (4)'' and inserting ``(4), and (6)''.
            (B) Paragraphs (1) and (3) of section 855(b) of such Act 
        (22 U.S.C. 4071d(b)) are each amended by inserting ``611,'' 
        after ``608,''.

SEC. 3. MANDATORY SEPARATION OF SPECIAL AGENTS.

    The first sentence of section 812(a)(2) of the Foreign Service Act 
of 1980 (22 U.S.C. 4052(a)(2)) is amended to read as follows: 
``Notwithstanding paragraph (1)--
        ``(A) an individual described in section 4(a)(2) of the 
    Department of State Special Agents Retirement Act of 1998 who is 
    otherwise eligible for immediate retirement under this chapter; or
        ``(B) a Foreign Service criminal investigator/inspector of the 
    Office of Inspector General of the Agency for International 
    Development who would have been eligible for retirement pursuant to 
    either section 8336(c) or 8412(d) of title 5, United States Code, 
    as applicable, had the employee remained in civil service,
shall be separated from the Service on the last day of the month in 
which such individual under subparagraph (A) or such Foreign Service 
criminal investigator/inspector under subparagraph (B) attains 57 years 
of age or completes 20 years of service if then over that age.''.

SEC. 4. EFFECTIVE DATE; APPLICABILITY.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act--
        (1) shall take effect on the date of the enactment of this Act; 
    and
        (2) shall apply with respect to--
            (A) any individual first appointed on or after that date as 
        a special agent who will have any portion of such individual's 
        annuity computed in conformance with section 806(a)(6) of the 
        Foreign Service Act; and
            (B) any individual making an election under subsection (b), 
        subject to the provisions of such subsection.
    (b) Election for Current Participants.--
        (1) Eligibility.--An election under this subsection may be made 
    by any currently employed participant under chapter 8 of the 
    Foreign Service Act of 1980 who is serving or has served as a 
    special agent, or by a survivor of a special agent who was eligible 
    to make an election under this section.
        (2) Effect of an election.--
            (A) In general.--If an individual makes an election under 
        this subsection, the amendments made by this Act shall become 
        applicable with respect to such individual, subject to 
        subparagraph (B).
            (B) Treatment of prior service.--
                (i) Special contribution.--An individual may, after 
            making the election under this subsection, make a special 
            contribution up to the full amount of the difference 
            between the contributions actually deducted from pay for 
            prior service and the deductions that would have been 
            required if the amendments made by this Act had then been 
            in effect. Any special contributions under this clause 
            shall be computed under regulations based on section 805(d) 
            of the Foreign Service Act of 1980 (as amended by section 
            2), including provisions relating to the computation of 
            interest.
                (ii) Actuarial reduction.--

                    (I) Rule if the special contribution is paid.--If 
                the full amount of the special contribution under 
                clause (i) is paid, no reduction under this clause 
                shall apply.
                    (II) Rule if less than the entire amount is paid.--
                If no special contribution under clause (i) is paid, or 
                if less than the entire amount of such special 
                contribution is paid, the recomputed annuity shall be 
                reduced by an amount sufficient to make up the 
                actuarial present value of the shortfall.

    (c) Regulations and Notice.--Not later than 6 months after the date 
of the enactment of this Act, the Secretary of State--
        (1) shall promulgate such regulations as may be necessary to 
    carry out this Act; and
        (2) shall take measures reasonably designed to provide notice 
    to participants as to any rights they might have under this Act.
    (d) Election Deadline.--An election under subsection (b) must be 
made not later than 90 days after the date on which the relevant notice 
under subsection (c)(2) is provided.
    (e) Definition.--For purposes of this section, the term ``special 
agent'' has the meaning given such term under section 804(15) of the 
Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as amended by section 
2(a).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.