[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 633 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 633

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 1997

Mr. Davis of Virginia introduced the following bill; which was referred 
  to the Committee on International Relations, and in addition to the 
   Committee on Government Reform and Oversight, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
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. 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 by striking ``and'' at the end 
        of paragraph (13), by striking the period at the end of 
        paragraph (14) and inserting ``; and'', and by adding at the 
        end the following:
            ``(15) `special agent' means an employee of the Bureau of 
        Diplomatic Security, Department of State, who occupies a 
        position that is classified as a foreign service specialist, 
        2501 series or skill code, including--
                    ``(A) any position so classified before, on, or 
                after the date of the enactment of this paragraph 
                (including any position which would have been so 
                classified but for any series or skill code 
                redesignation effected after December 31, 1996); and
                    ``(B) any such position which is supervisory or 
                administrative in nature.''.
            (2) Conforming amendment.--Section 852 of such Act (22 
        U.S.C. 4071a) is amended by striking ``and'' at the end of 
        paragraph (7), by striking the period at the end of paragraph 
        (8) and inserting ``; and'', and 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.--Subsection (a) of section 805 of such Act 
        (22 U.S.C. 4045(a)) is amended by adding at the end the 
        following:
    ``(3) In the case of a special agent, paragraph (1) shall be 
applied by substituting for `7 percent' the percentage which would 
apply under section 8334(c) of title 5, United States Code, with 
respect to the period of service involved, if that service had been 
performed as a law enforcement officer (as defined by section 8331(20) 
of such title).''.
            (2) Conforming amendment.--Paragraph (1) of section 805(a) 
        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.--Subsection 
(d) of section 805 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.--Subsection (a) of section 806 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 retiring 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 who--
            ``(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; and
            ``(ii) at the time of retirement--
                    ``(I) if voluntary, is at least 50 years of age and 
                has completed at least 20 years of service as a special 
                agent; or
                    ``(II) if involuntary, has completed at least 20 
                years of service as a special agent.
    ``(C) For purposes of clause (ii) 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), a member of the Metropolitan Police of 
the District of Columbia, or a member of the Capitol Police.''.
            (2) Special rule for those who exercised election rights 
        under section 860.--Subsection (a) of section 806 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 special agent who becomes or became subject to 
subchapter II pursuant to an election under section 860--
            ``(A) for purposes of clause (ii) of paragraph (6)(B), any 
        service performed by the individual as a special agent (whether 
        under this subchapter or under subchapter II) shall be 
        creditable; and
            ``(B) if the individual satisfies paragraph (6)(B), the 
        portion of such individual's annuity which is attributable to 
        service preceding the effective date of such election shall be 
        computed in conformance with paragraph (6).''.
            (3) Technical and conforming amendments.--(A) Paragraph (7) 
        of section 806(a) of such Act (22 U.S.C. 4046(a)), as so 
        designated by paragraph (1), 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 amended by inserting ``611,'' after 
        ``608,''.
    (e) Treatment of Service If Participant Transfers.--
            (1) To csrs.--Section 811 of such Act (22 U.S.C. 4051) is 
        amended by adding at the end the following: ``For purposes of 
        any annuity under the Civil Service Retirement System to which 
        a participant becomes entitled under the preceding sentence, 
        service performed by such participant as a special agent shall 
        be treated in the same way as if it had been performed as a law 
        enforcement officer (within the meaning of section 8331(20) of 
        such title 5).''.
            (2) To fers.--Section 859 of such Act (22 U.S.C. 4071h) is 
        amended by adding at the end the following:
    ``(d) For purposes of any annuity to which a participant becomes 
entitled under the Federal Employees' Retirement System, any service 
performed by such participant as a special agent under this subchapter 
shall (if or to the extent that it becomes creditable under that 
system) be treated in the same way as if it had been performed as a law 
enforcement officer (within the meaning of section 8401(17) of title 5, 
United States Code).''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to any annuity under chapter 83 or 84 
        of title 5, United States Code, commencing on or after the date 
        of the enactment of this Act.

SEC. 2. EFFECTIVE DATE; APPLICABILITY.

    (a) In General.--Except as provided in section 1(e)(3), this Act 
and the amendments made by this Act--
            (1) shall take effect as of the first day of the first 
        month beginning after the end of the 6-month period which 
        begins 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; and
                    (B) any individual making an election under 
                subsection (b) or (c), subject to the provisions of 
                such subsection.
    (b) Election for Current Participants.--
            (1) Eligibility.--An election under this subsection may be 
        made by any individual who is serving as a special agent at the 
        time of making such election.
            (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, at the time of 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 
                        contribution under this clause shall be 
                        computed under regulations based on section 
                        805(d) of the Foreign Service Act of 1980 (as 
                        amended by section 1), 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) Election for Certain Retirees.--
            (1) Eligibility.--An election under this subsection may be 
        made by any individual who--
                    (A) separates from service, as a special agent, on 
                or after January 1, 1997;
                    (B) as of the date of such election, is entitled to 
                an immediate annuity under chapter 8 of the Foreign 
                Service Act of 1980; and
                    (C) would have satisfied the age and service 
                requirements for an annuity under section 806(a)(6) of 
                the Foreign Service Act of 1980 if the amendments made 
                by this Act had been applied with respect to such 
                individual since the time such individual commenced 
                service as a special agent.
            (2) Effect of an election.--An individual who makes an 
        election under this subsection is entitled to a recomputed 
        annuity, determined as if the amendments made by this Act had 
        been applied with respect to such individual since the time 
        such individual commenced service as a special agent. The 
        provisions of subsection (b)(2)(B) shall apply with respect to 
        any recomputed annuity under this subsection.
            (3) Earlier payments.--Any change in an annuity resulting 
        from a recomputation under paragraph (2) shall be effective 
        with respect to payments accruing since the commencement date 
        of the annuity. However, the amount payable to make up for any 
        shortfall in payments for periods preceding the effective date 
        of any such recomputation shall be determined without interest.
    (d) 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, including provisions under which an 
        election under this section may be made by a survivor; and
            (2) shall take measures reasonably designed to provide 
        notice to participants and former participants as to any rights 
        they might have under this Act, including provisions for 
        determining the date as of which such notice shall be 
        considered for purposes of subsection (e) to have been 
        provided.
    (e) Election Deadline.--An election under subsection (b) or (c) 
shall not be effective unless it is made within 90 days after the date 
on which the relevant notice under subsection (d)(2) is provided.
    (f) 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 
1(a).
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