[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1228 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1228

 To amend the retirement provisions of title 5, United States Code, to 
  extend to inspectors of the Immigration and Naturalization Service, 
 revenue officers of the Internal Revenue Service, and certain others, 
     the same treatment as is accorded to law enforcement officers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 1999

  Mr. Filner introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
 To amend the retirement provisions of title 5, United States Code, to 
  extend to inspectors of the Immigration and Naturalization Service, 
 revenue officers of the Internal Revenue Service, and certain others, 
     the same treatment as is accorded to law enforcement officers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.

    (a) Expansion of Definition of a Law Enforcement Officer.--
Paragraph (20) of section 8331 of title 5, United States Code, is 
amended by striking ``position.'' and inserting ``position, a revenue 
officer, a customs inspector, a customs canine enforcement officer, an 
Immigration and Naturalization inspector, a Department of Defense 
police officer, a Department of Defense Command Investigations Division 
detective, a Bureau of Engraving and Printing officer, a postal police 
officer, a Secret Service special officer, a Drug Enforcement 
Administration diversion investigator, a United States Customs 
Operation Enforcement Officer, and a United States Customs Detection 
System Specialist Airborne and Flight Engineer.''.
    (b) Additional Classes of Positions Defined.--Section 8331 of title 
5, United States Code, is amended by striking ``and'' at the end of 
paragraph (26), by striking the period at the end of paragraph (27) and 
inserting a semicolon, and by adding at the end the following:
            ``(28) `revenue officer' means an employee of the Internal 
        Revenue Service, the duties of whose position are primarily the 
        collection of delinquent taxes and the securing of delinquent 
        returns, including an employee engaged in this activity who is 
        transferred to a supervisory or administrative position;
            ``(29) `customs inspector' means an employee of the United 
        States Customs Service, the duties of whose position are 
        primarily to--
                    ``(A) enforce laws and regulations governing the 
                importing and exporting of merchandise;
                    ``(B) process and control passengers and baggage;
                    ``(C) interdict smuggled merchandise and 
                contraband; and
                    ``(D) apprehend (if warranted) persons involved in 
                violations of customs laws,
        including an employee engaged in this activity who is 
        transferred to a supervisory or administrative position;
            ``(30) `customs canine enforcement officer' means an 
        employee of the United States Customs Service, the duties of 
        whose position are primarily to work directly with a dog in an 
        effort to--
                    ``(A) enforce laws and regulations governing the 
                importing and exporting of merchandise;
                    ``(B) process and control passengers and baggage;
                    ``(C) interdict smuggled merchandise and 
                contraband; and
                    ``(D) apprehend (if warranted) persons involved in 
                violations of customs laws,
        including an employee engaged in this activity who is 
        transferred to a supervisory or administrative position;
            ``(31) `Immigration and Naturalization inspector' means an 
        employee of the Immigration and Naturalization Service, the 
        duties of whose position are primarily the controlling and 
        guarding of the boundaries and borders of the United States 
        against the illegal entry of aliens, including an employee 
        engaged in this activity who is transferred to a supervisory or 
        administrative position;
            ``(32) `Department of Defense police officer' means an 
        employee of the Department of Defense, the duties of whose 
        position are primarily to oversee enforcement of Federal, 
        State, county, and municipal statutes, laws, and ordinances, 
        and rules and regulations of the Department of the Navy, Army, 
        and Air Force pertaining to law enforcement on United States 
        military bases, including an employee engaged in this activity 
        who is transferred to a supervisory or administrative position;
            ``(33) `Department of Defense Command Investigations 
        Division detective' means an employee of the Department of 
        Defense, the duties of whose position are primarily to maintain 
        investigative and counterintelligence jurisdiction to prepare 
for an evidentiary foundation for military command action for crimes 
committed on military property by military or civilian personnel, 
including an employee engaged in this activity who is transferred to a 
supervisory or administrative position;
            ``(34) `Bureau of Engraving and Printing officer' means an 
        employee of the Bureau of Engraving and Printing, the duties of 
        whose position are primarily to provide specialized protection 
        to the Bureau of Engraving and Printing and to enforce Federal 
        laws, Department of the Treasury rules and regulations, and 
        local ordinances by investigating criminal activity for 
        offenses against the United States, including an employee 
        engaged in this activity who is transferred to a supervisory or 
        administrative position;
            ``(35) `postal police officer' means an employee of the 
        United States Postal Service, the duties of whose position are 
        primarily to provide specialized protection for the United 
        States Postal Service and persons and property related to its 
        function as authorized under section 1 of the Act of June 1, 
        1948 (popularly known as the `Protection of Public Property 
        Act') and other laws, including an employee engaged in this 
        activity who is transferred to a supervisory or administrative 
        position;
            ``(36) `Secret Service special officer' means an employee 
        of the United States Secret Service, the duties of whose 
        position are primarily to provide a wide range of security and 
        protection support functions within the United States Secret 
        Service (such as maintaining designed security posts; travel in 
        support of the President, Vice President, and foreign heads of 
        state; and providing protective support for major Presidential 
        and Vice Presidential candidates, former Presidents, and First 
        Ladies), including an employee engaged in this activity who is 
        transferred to a supervisory or administrative position;
            ``(37) `Drug Enforcement Administration diversion 
        investigator' means an employee of the Drug Enforcement 
        Administration, the duties of whose position are primarily to 
        investigate violations of the criminal drug laws of the United 
        States by drug manufacturers and distributors, doctors, and 
        pharmacists, and to seek Federal prosecution of violators from 
        United States Attorneys, including an employee engaged in this 
        activity who is transferred to a supervisory or administrative 
        position;
            ``(38) `United States Customs Operation Enforcement 
        Officer' means an employee of the United States Customs 
        Service, the duties of whose position primarily involve 
        internal affairs of the United States Customs Service and the 
        prevention of corruption by utilizing investigations techniques 
        and knowledge of inspectional procedures and processes, as well 
        as intelligence research work in enforcing federal laws, 
        particularly in the areas of drug interdiction and fraud within 
        the United States Customs Service, including an employee 
        engaged in this activity who is transferred to a supervisory or 
        administrative position; and
            ``(39) `United States Customs Detection System Specialist 
        Airborne and Flight Engineer' means an employee of United 
        States Customs Service, the duties of whose position are 
        primarily the detection, tracking, and assisting in the 
        apprehension of persons suspected or known to be smuggling 
        drugs or contraband into the United States, including an 
        employee engaged in this activity who is transferred to a 
        supervisory or administrative position.''.

SEC. 2. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

    (a) Expansion of Definition of a Law Enforcement Officer.--
Paragraph (17) of section 8401 of title 5, United States Code, is 
amended by striking ``and'' at the end of subparagraph (C), and by 
adding at the end the following:
                    ``(E) a revenue officer;
                    ``(F) a customs inspector;
                    ``(G) a customs canine enforcement officer;
                    ``(H) an Immigration and Naturalization inspector;
                    ``(I) a Department of Defense police officer;
                    ``(J) a Department of Defense Command 
                Investigations Division detective;
                    ``(K) a Bureau of Engraving and Printing officer;
                    ``(L) a postal police officer;
                    ``(M) a Secret Service special officer;
                    ``(N) a Drug Enforcement Administration diversion 
                investigator;
                    ``(O) a United States Customs Operation Enforcement 
                Officer; and
                    ``(P) a United States Customs Detection System 
                Specialist Airborne and Flight Engineer;''.
    (b) Additional Classes of Positions Defined.--Section 8401 of title 
5, United States Code, is amended by striking ``and'' at the end of 
paragraph (32), by striking the period at the end of paragraph (33) and 
inserting a period, and by adding at the end the following:
            ``(34) `revenue officer' means an employee of the Internal 
        Revenue Service, the duties of whose position are primarily the 
        collection of delinquent taxes and the securing of delinquent 
        returns, including an employee engaged in this activity who is 
        transferred to a supervisory or administrative position;
            ``(35) `customs inspector' means an employee of the United 
        States Customs Service, the duties of whose position are 
        primarily to--
                    ``(A) enforce laws and regulations governing the 
                importing and exporting of merchandise;
                    ``(B) process and control passengers and baggage;
                    ``(C) interdict smuggled merchandise and 
                contraband; and
                    ``(D) apprehend (if warranted) persons involved in 
                violations of customs laws,
        including an employee engaged in this activity who is 
        transferred to a supervisory or administrative position;
            ``(36) `customs canine enforcement officer' means an 
        employee of the United States Customs Service, the duties of 
        whose position are primarily to work directly with a dog in an 
        effort to--
                    ``(A) enforce laws and regulations governing the 
                importing and exporting of merchandise;
                    ``(B) process and control passengers and baggage;
                    ``(C) interdict smuggled merchandise and 
                contraband; and
                    ``(D) apprehend (if warranted) persons involved in 
                violations of customs laws,
        including an employee engaged in this activity who is 
        transferred to a supervisory or administrative position;
            ``(37) `Immigration and Naturalization inspector' means an 
        employee of the Immigration and Naturalization Service, the 
        duties of whose position are primarily the controlling and 
        guarding of the boundaries and borders of the United States 
        against the illegal entry of aliens, including an employee 
        engaged in this activity who is transferred to a supervisory or 
        administrative position;
            ``(38) `Department of Defense police officer' means an 
        employee of the Department of Defense, the duties of whose 
        position are primarily to oversee enforcement of Federal, 
        State, county, and municipal statutes, laws, and ordinances, 
        and rules and regulations of the Department of the Navy, Army, 
        and Air Force pertaining to law enforcement on United States 
        military bases, including an employee engaged in this activity 
        who is transferred to a supervisory or administrative position;
            ``(39) `Department of Defense Command Investigations 
        Division detective' means an employee of the Department of 
        Defense, the duties of whose position are primarily to maintain 
        investigative and counterintelligence jurisdiction to prepare 
        for an evidentiary foundation for military command action for 
        crimes committed on military property by military or civilian 
        personnel, including an employee engaged in this activity who 
        is transferred to a supervisory or administrative position;
            ``(40) `Bureau of Engraving and Printing officer' means an 
        employee of the Bureau of Engraving and Printing, the duties of 
        whose position are primarily to provide specialized protection 
        to the Bureau of Engraving and Printing and to enforce Federal 
        laws, Department of the Treasury rules and regulations, and 
        local ordinances by investigating criminal activity for 
        offenses against the United States, including an employee 
        engaged in this activity who is transferred to a supervisory or 
        administrative position;
            ``(41) `postal police officer' means an employee of the 
        United States Postal Service, the duties of whose position are 
        primarily to provide specialized protection for the United 
        States Postal Service and persons and property related to its 
        function as authorized under section 1 of the Act of June 1, 
        1948 (popularly known as the `Protection of Public Property 
        Act') and other laws, including an employee engaged in this 
        activity who is transferred to a supervisory or administrative 
        position;
            ``(42) `Secret Service special officer' means an employee 
        of the United States Secret Service, the duties of whose 
        position are primarily to provide a wide range of security and 
        protection support functions within the United States Secret 
        Service (such as maintaining designed security posts; travel in 
        support of the President, Vice President, and foreign heads of 
        state; and providing protective support for major Presidential 
        and Vice Presidential candidates, former Presidents, and First 
        Ladies), including an employee engaged in this activity who is 
        transferred to a supervisory or administrative position;
            ``(43) `Drug Enforcement Administration diversion 
        investigator' means an employee of the Drug Enforcement 
        Administration, the duties of whose position are primarily to 
        investigate violations of the criminal drug laws of the United 
        States by drug manufacturers and distributors, doctors, and 
        pharmacists, and to seek Federal prosecution of violators from 
        United States Attorneys, including an employee engaged in this 
        activity who is transferred to a supervisory or administrative 
        position;
            ``(44) `United States Customs Operation Enforcement 
        Officer' means an employee of the United States Customs 
        Service, the duties of whose position primarily involve 
        internal affairs of the United States Customs Service and the 
        prevention of corruption by utilizing investigations techniques 
        and knowledge of inspectional procedures and processes, as well 
        as intelligence research work in enforcing federal laws, 
        particularly in the areas of drug interdiction and fraud within 
        the United States Customs Service, including an employee 
        engaged in this activity who is transferred to a supervisory or 
        administrative position; and
            ``(45) `United States Customs Detection System Specialist 
        Airborne and Flight Engineer' means an employee of United 
        States Customs Service, the duties of whose position are 
        primarily the detection, tracking, and assisting in the 
        apprehension of persons suspected or known to be smuggling 
        drugs or contraband into the United States, including an 
        employee engaged in this activity who is transferred to a 
        supervisory or administrative position.''.

SEC. 3. EFFECTIVE DATE; RELATED PROVISIONS.

    (a) In General.--The amendments made by this Act shall apply only 
in the case of individuals becoming entitled to an annuity based on a 
separation from Government service occurring on or after the date of 
enactment of this Act.
    (b) Employee Contributions.--The amendments made by this Act shall 
not apply with respect to any period of service preceding the date of 
enactment of this Act unless the employee involved (or, if applicable, 
an appropriate survivor) pays into the Civil Service Retirement and 
Disability Fund, in such time and manner as the Office of Personnel 
Management shall prescribe, an amount equal to the total additional 
amounts which should have been deducted and withheld from pay (in 
excess of amounts actually deducted and not refunded) under chapter 83 
or 84 of title 5, United States Code, as the case may be, if such 
amendments had then been in effect, with interest.
    (c) Agency Contributions.--Not later than 90 days after the date on 
which the payment under subsection (b) is made by an individual, the 
appropriate agency shall pay into the Civil Service Retirement and 
Disability Fund any additional amounts (as determined by the Office of 
Personnel Management) which should have been paid by that agency into 
the Fund, under applicable provisions of chapter 83 or 84 of title 5, 
United States Code (as the case may be), with interest, if the 
amendments made by this Act had been in effect during the prior periods 
of service involved.
    (d) Regulations.--The Office of Personnel Management shall 
prescribe any regulations necessary to carry out this Act. Such 
regulations shall include provisions, consistent with section 8334(e) 
of title 5, United States Code, for the computation of interest.
                                 <all>