[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1935 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 1935

To amend chapters 83 and 84 of title 5, United States Code, to include 
 inspectors of the Immigration and Naturalization Service, inspectors 
 and canine enforcement officers of the United States Customs Service, 
and revenue officers of the Internal Revenue Service as law enforcement 
                               officers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2002

 Ms. Mikulski (for herself, Mr. Leahy, Mr. Bingaman, and Mrs. Clinton) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend chapters 83 and 84 of title 5, United States Code, to include 
 inspectors of the Immigration and Naturalization Service, inspectors 
 and canine enforcement officers of the United States Customs Service, 
and revenue officers of the Internal Revenue Service as law enforcement 
                               officers.

    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 ``Law Enforcement Officers Retirement 
Equity Act of 2002''.

SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.

    Section 8331 of title 5, United States Code, is amended--
            (1) in paragraph (20) by inserting ``, revenue officer, 
        customs inspector, customs canine enforcement officer, or 
        Immigration and Naturalization inspector'' after 
        ``administrative position'';
            (2) by striking ``and'' at the end of paragraph (27);
            (3) by striking the period at the end of paragraph (28) and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(29) `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;
            ``(30) `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;
            ``(31) `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; and
            ``(32) `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.''.

SEC. 3. FEDERAL EMPLOYEES RETIREMENT SYSTEM.

    Section 8401 of title 5, United States Code, is amended--
            (1) in paragraph (17)--
                    (A) in subparagraph (C) by striking ``and'' at the 
                end;
                    (B) in subparagraph (D) by adding ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(E) a revenue officer, customs inspector, customs 
                canine enforcement officer, or Immigration and 
                Naturalization inspector;'';
            (2) by striking ``and'' at the end of paragraph (33);
            (3) by striking the period at the end of paragraph (34) and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(35) `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;
            ``(36) `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;
            ``(37) `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; and
            ``(38) `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.''.

SEC. 4. ADMINISTRATIVE PROVISIONS.

    (a) Employee Contributions.--Any individual who has served as a 
revenue officer, customs inspector, customs canine enforcement officer, 
or Immigration and Naturalization inspector before the effective date 
of this Act, shall have such service credited and annuities determined 
in accordance with the amendments made by sections 2 and 3 of this Act, 
if such individual makes payment into the Civil Service Retirement and 
Disability Fund of an amount, determined by the Office of Personnel 
Management, which would have been deducted and withheld from the basic 
pay of such individual (including interest thereon) under chapters 83 
and 84 of title 5, United States Code, as if such amendments had been 
in effect during the periods of such service.
    (b) Agency Contributions.--Not later than 90 days after a payment 
made by an individual under subsection (a), the Department of the 
Treasury or the Department of Justice (as the case may be) shall make a 
payment into the Civil Service Retirement and Disability Fund of an 
amount, determined by the Office of Personnel Management, which would 
have been contributed as a Government contribution (including interest 
thereon) under chapters 83 and 84 of title 5, United States Code, for 
the service credited and annuities determined for such individual, as 
if the amendments made by sections 1 and 2 of this Act had been in 
effect during the applicable periods of service.
    (c) Regulations.--The Office of Personnel Management shall 
determine the amount of interest to be paid under this section and may 
promulgate regulations to carry out the provisions of this Act.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 90 
days after the date of enactment of this Act.
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