[Congressional Record Volume 140, Number 79 (Tuesday, June 21, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                      UNANIMOUS-CONSENT AGREEMENT

  Mr. DeCONCINI. Mr. President, I ask unanimous consent that when the 
Senate reconvenes tomorrow morning, after morning business and 
leadership time is set aside, the vote occur on amendment No. 1825 at 
10 a.m., without any intervening action.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DeCONCINI. Mr. President, I ask for the yeas and nays on the 
Faircloth amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. DeCONCINI. Mr. President, I ask unanimous consent that the 
pending amendment be set aside.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside.


                           Amendment No. 1830

 (Purpose: To amend chapters 83 and 84 of title 5, United States Code, 
  to extend the civil service retirement provisions of such chapter, 
  which are applicable to law enforcement officers, to inspectors and 
 canine enforcement officers of the United States Customs Service, and 
                          for other purposes)

  Mr. DeCONCINI. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Arizona [Mr. DeConcini] proposes an 
     amendment numbered 1830.

  Mr. DeCONCINI. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page ____, insert between lines ____ and ____ the 
     following new section:

     SEC. ____. CUSTOMS SERVICE INSPECTORS AND CANINE ENFORCEMENT 
                   OFFICERS AS LAW ENFORCEMENT OFFICERS FOR 
                   FEDERAL RETIREMENT SYSTEMS.

       (a) Short Title.--This section may be cited as the 
     ``Customs Service Inspectors and Customs Canine Enforcement 
     Officers Retirement Act of 1994''.
       (b) Civil Service Retirement System.--
       (1) Definitions.--Section 8331 of title 5, United States 
     Code, is amended--
       (A) by striking out ``and'' at the end of paragraph (25);
       (B) by striking out the period at the end of paragraph (26) 
     and inserting in lieu thereof a semicolon; and
       (C) by adding at the end thereof the following new 
     paragraphs:
       ``(27) `customs inspector' means an employee of the United 
     States Customs Service--
       ``(A) who--
       ``(i) elects to make contributions and be covered in 
     accordance with section 4 of the Customs Service Inspectors 
     and Customs Canine Enforcement Officers Retirement Act of 
     1994; or
       ``(ii) is hired after the effective date of such Act; and
       ``(B) the duties of whose position are primarily to--
       ``(i) enforce laws and regulations governing the importing 
     and exporting of merchandise;
       ``(ii) process and control passengers and baggage;
       ``(iii) interdict smuggled merchandise and contraband; and
       ``(iv) 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
       ``(28) `customs canine enforcement officer' means an 
     employee of the United States Customs Service--
       ``(A) who--
       ``(i) elects to make contributions and be covered in 
     accordance with section 4 of the Customs Service Inspectors 
     and Customs Canine Enforcement Officers Retirement Act of 
     1994; or
       ``(ii) is hired after the effective date of such Act; and
       ``(B) the duties of whose position are primarily to work 
     directly with a dog in an effort to--
       ``(i) enforce laws and regulations governing the importing 
     and exporting of merchandise;
       ``(ii) process and control passengers and baggage;
       ``(iii) interdict smuggled merchandise and contraband; and
       ``(iv) 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.''.
       (2) Deductions, contributions, and deposits.--Section 8334 
     of title 5, United States Code, is amended--
       (A) in subsection (a)(1), by striking out ``a law 
     enforcement officer,'' and inserting in lieu thereof ``a law 
     enforcement officer, a customs inspector, a customs canine 
     enforcement officer,''; and
       (B) in the table in subsection (c), by striking out ``and 
     firefighter for firefighter service.'' and inserting in lieu 
     thereof ``, firefighter for firefighter service, customs 
     inspector for customs inspector service, and customs canine 
     enforcement officer for customs canine enforcement officer 
     service''.
       (3) Mandatory separation.--Section 8335(b) of title 5, 
     United States Code, is amended in the second sentence by 
     striking out ``law enforcement officer'' and inserting in 
     lieu thereof ``law enforcement officer, a customs inspector, 
     or a customs canine enforcement officer''.
       (4) Immediate retirement.--Section 8336(c)(1) of such title 
     is amended by striking out ``law enforcement officer or 
     firefighter,'' and inserting ``law enforcement officer, a 
     firefighter, a customs inspector, or a customs canine 
     enforcement officer,''.
       (c) Federal Employees Retirement System.--
       (1) Definitions.--Section 8401 of title 5, United States 
     Code, is amended--
       (A) by striking out ``and'' at the end of paragraph (31);
       (B) by striking out the period at the end of paragraph (32) 
     and inserting in lieu thereof a semicolon; and
       (C) by adding at the end thereof the following new 
     paragraphs:
       ``(33) `customs inspector' means an employee of the United 
     States Customs Service--
       ``(A) who--
       ``(i) elects to make contributions and be covered in 
     accordance with section 4 of the Customs Service Inspectors 
     and Customs Canine Enforcement Officers Retirement Act of 
     1994; or
       ``(ii) is hired after the effective date of such Act; and
       ``(B) the duties of whose position are primarily to--
       ``(i) enforce laws and regulations governing the importing 
     and exporting of merchandise;
       ``(ii) process and control passengers and baggage;
       ``(iii) interdict smuggled merchandise and contraband; and
       ``(iv) 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
       ``(34) `customs canine enforcement officer' means an 
     employee of the United States Customs Service--
       ``(A) who--
       ``(i) elects to make contributions and be covered in 
     accordance with section 4 of the Customs Service Inspectors 
     and Customs Canine Enforcement Officers Retirement Act of 
     1994; or
       ``(ii) is hired after the effective date of such Act; and
       ``(B) the duties of whose position are primarily to work 
     directly with a dog in an effort to--
       ``(i) enforce laws and regulations governing the importing 
     and exporting of merchandise;
       ``(ii) process and control passengers and baggage;
       ``(iii) interdict smuggled merchandise and contraband; and
       ``(iv) 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.''.
       (2) Immediate retirement.--Section 8412(d) of title 5, 
     United States Code, is amended--
       (A) in paragraph (1) by striking out ``or firefighter,'' 
     and inserting in lieu thereof ``firefighter, customs 
     inspector, or customs canine enforcement officer,''; and
       (B) in paragraph (2) by striking out ``or firefighter,'' 
     and inserting in lieu thereof ``firefighter, customs 
     inspector, or customs canine enforcement officer,''.
       (3) Computation of basic annuity.--Section 8415(g)(2) of 
     title 5, United States Code, is amended in the sentence 
     following subparagraph (B) by inserting ``customs inspector, 
     customs canine enforcement officer,'' after ``firefighter,''.
       (4) Deductions.--Section 8422(a)(2) of title 5, United 
     States Code, is amended--
       (A) in subparagraph (A) by inserting ``customs inspector, 
     customs canine enforcement officer,'' after ``air traffic 
     controller,''; and
       (B) in subparagraph (B) by inserting ``customs inspector, 
     customs canine enforcement officer,'' after ``air traffic 
     controller,''.
       (5) Government contributions.--Section 8423(a) of title 5, 
     United States Code, is amended--
       (A) in paragraph (1)(B)(i) by inserting ``customs 
     inspectors, customs canine enforcement officers,'' after 
     ``law enforcement officers,''; and
       (B) in paragraph (3)(A) by inserting ``customs inspectors, 
     customs canine enforcement officers,'' after ``law 
     enforcement officers,''.
       (6) Mandatory separation.--Section 8425(b) of title 5, 
     United States Code, is amended in the second sentence by 
     inserting ``, customs inspector, or customs canine 
     enforcement officer'' after ``law enforcement officer''.
       (e) Inclusion of Overtime Pay as Base Pay for Customs 
     Inspectors and Customs Canine Enforcement Officers.--Section 
     8331(3) of title 5, United States Code, is amended--
       (1) in subparagraph (D) by striking out ``and'' after the 
     semicolon;
       (2) in subparagraph (E) by adding ``and'' after the 
     semicolon;
       (3) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) with respect to a customs inspector or customs canine 
     enforcement officer as defined under paragraphs (27) and 
     (28), compensation for overtime under section 5542(a), but 
     not to exceed 50 percent of any statutory maximum in overtime 
     pay for customs inspectors or customs canine enforcement 
     officers which is in effect for the year involved;''; and
       (4) in the matter following subparagraph (F) (as added by 
     paragraph (3) of this section) by striking out ``and (E)'' 
     and inserting in lieu thereof ``(E), and (F)''.
       (f) Agency Contributions for Customs Inspectors and Customs 
     Canine Enforcement Officers.--Section 13031(f)(3)(A)(i) of 
     the Consolidated Omnibus Budget Reconciliation Act of 1985 
     (19 U.S.C. 58c(f)(3)(A)(i) is amended--
       (1) by redesignating subclauses (IV) and (V) as subclauses 
     (V) and (VI), respectively; and
       (2) by inserting after subclause (III) the following new 
     subclause:

       ``(IV) paying agency contributions to the Civil Service 
     Retirement and Disability Fund to match contributions for 
     customs inspectors and customs canine enforcement officers as 
     defined under section 8331 (27) and (28), respectively, in 
     accordance with the Customs Inspectors and Customs Canine 
     Enforcement Officers Retirement Act of 1994;''.

       (g) Overtime and Premium Pay for Customs Inspectors and 
     Customs Canine Enforcement Officers.--
       (1) Overtime pay.--Section 5542(a)(4) of title 5, United 
     States Code, is amended by inserting after ``law enforcement 
     officer'' the following: ``as defined under section 8331(20) 
     or 8401(17), a customs inspector as defined under section 
     8331(27), and a customs canine enforcement officer as defined 
     under section 8331(28)''.
       (2) Limitation on premium pay.--Section 5547(c) of title 5, 
     United States Code, is amended--
       (A) in paragraph (1) by inserting ``a customs inspector as 
     defined under section 8331(27) and customs canine enforcement 
     officer as defined under section 8331(28)'' after ``law 
     enforcement officer''; and
       (B) in paragraph (2) by inserting ``a customs inspector as 
     defined under section 8331(27) and customs canine enforcement 
     officer as defined under section 8331(28)'' after ``law 
     enforcement officer''.
       (h) Administrative Provisions.--
       (1) Employee coverage.--No later than 90 days after the 
     effective date of this section, each customs inspector or 
     customs canine enforcement officer shall make an irrevocable 
     election to be covered under chapter 83 or 84 (as the case 
     may be) as amended by this section.
       (2) Employee contributions.--Any individual who has served 
     as a customs inspector or customs canine enforcement officer 
     before the effective date of this section, shall have such 
     service credited and annuities determined in accordance with 
     the amendments made by this section, 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.
       (3) Agency contributions.--No later than 90 days after a 
     payment made by an individual under paragraph (1), the 
     Department of the Treasury 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 
     this section had been in effect during the applicable periods 
     of service.
       (4) 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 section.
       (i) Rule of Construction.--No provision of this section or 
     amendment made by this section shall be construed to provide 
     for treatment of customs inspectors or canine enforcement 
     officers of the United States Customs Service as law 
     enforcement officers for any purpose other than as 
     specifically provided in such provision or amendment.
       (j) Effective Date.--The provisions of this section and 
     amendments made by this section shall take effect on the date 
     occurring 90 days after the date of enactment of this Act.

  Mr. DeCONCINI. Mr. President, this amendment I am offering will 
provide Customs inspectors and canine enforcement officers an 
opportunity to participate in the Law Enforcement Retirement System. 
The fact is, Mr. President, that this amendment provides only part of 
the status that these employees truly deserve, which is full 
recognition and benefits given to other Federal law enforcement 
officers. Few can argue against the facts and statistics which support 
this position, yet past attempts by myself and my colleagues to provide 
full law enforcement status have been unsuccessful, due solely to 
budgetary constraints. I am hopeful that in fairness, we might, at 
least provide this one benefit.
  The Customs inspectors and canine officers, in their capacity as the 
first line of defense in the war on drugs, must work long, irregular 
hours and are frequently confronted with dangerous and stressful 
situations. A 1991 report by the Customs Inspector and Canine Officer 
Compensation Panel reported the following:
  First, Customs inspectors and canine officers are assaulted more 
often than FBI, Secret Service, and Customs agents and U.S. marshals.
  Second, in 1991 CI's and CEO's made 15,808 arrests, representing 73 
percent of Customs' total number of arrests.
  Third, in 1991 CI's and CEO's seized 71,705, 42 percent of Customs' 
total, pounds of cocaine and 2,870 pounds of heroin, 97 percent of 
Customs' total.
  Fourth, only DEA and Bureau of Prisons officers are killed in the 
line of duty more frequently.
  Fifth, in addition to U.S. Customs laws, they enforce over 1,600 laws 
for 60 agencies.
  As stated in that 1991 report, ``Customs inspectors constitute a 
vital part of the total enforcement function of the U.S. Customs 
Service.'' They carry firearms, make arrests, conduct inspections, and 
participate in seizures. Their duties are difficult and dangerous and 
most certainly take a physical and mental toll on an employee over the 
course of a long career. The duties require a vigorous and physically 
fit work force, especially in geographical areas which have large, 
active marine and air terminals and border crossing with high rates of 
entry and contraband smuggling, such as the Southwest border, New York 
City and Miami. New York, for example, employs 2,000 inspectors due to 
the high levels of activity. The New York district makes more heroin 
seizures than any other port in the country; processes more air 
passengers; and examines approximately 50 percent of the air cargo 
coming into this country. They would benefit by this amendment.

  This amendment provides currently employed inspectors and officers 
with the opportunity to retain their current status and benefits or 
surrender their current overtime system, which is double time, to 
retire from the U.S. Customs Service under the same 20-year system as 
do Federal law enforcement officers. However, under this amendment, 
inspectors and canine officers entering service after enactment would 
enter under the Law Enforcement Retirement System and would no longer 
receive the current higher rate of overtime.
  This option will ensure both the well-being of the employee and 
continued high level of competence provided by a young and vigorous 
work force in positions that are more physically and mentally 
challenging.
  This provision is fundamentally cost neutral, in that, the employee 
choosing the early retirement will surrender a more costly form of 
overtime compensation which is funded by COBRA fees. The savings in 
COBRA fees will be redirected into the retirement account. In providing 
this option there is both a recognition of fiscal responsibility and 
concern for the safety and well-being of the employee.
  The Customs inspectors and canine officers meet the criteria for law 
enforcement officer status and benefits. It is the cost for total law 
enforcement status and not their job description, duties, danger, or 
arrest authority, which has denied these individuals this recognition. 
The amendment I am proposing represents a fair, reasonable, and 
deserved, yet partial solution to this problem at little cost. These 
officers and inspectors have been passed over, unfairly, and deserve 
the same retirement benefit as other officers.
  I urge the Members of this body to support this reasonable and 
inexpensive compromise in fairness to these inspectors and officers.
  I thank my staff, particularly John Libonati, who is a fellow with us 
from one of the Federal agencies, for the time he has spent in putting 
together this amendment and working out the details, as well as the 
other members of the Appropriations Committee staff, and minority side, 
of course, for their effort to support this amendment.
  This amendment has been cleared by the chairman of the Finance 
Committee. He has advised me personally that he has no objection to the 
amendment.
  I urge Members to adopt this amendment.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BOND. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BOND. I thank the Chair.
  Mr. President, there are no objections to this amendment on this side 
of the aisle. But I would note for the Record that Senator Packwood, 
the ranking member of the Finance Committee, has expressed his concern 
that this is legislation within the jurisdiction of the Finance 
Committee.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The Senator from Missouri suggests the absence 
of a quorum. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DeCONCINI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DeCONCINI. Mr. President, the pending amendment is what?
  The PRESIDING OFFICER. The pending amendment is Amendment No. 1830.
  Mr. DeCONCINI. Mr. President, a parliamentary inquiry.
  The PRESIDING OFFICER. The Senator will state it.
  Mr. DeCONCINI. Mr. President, is this the amendment dealing with 
revenue foregone?
  The PRESIDING OFFICER. The amendment 1830 deals with Custom 
inspectors.
  Mr. DeCONCINI. Mr. President, I ask unanimous consent that the 
pending amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Amendment No. 1822, as Modified

  Mr. DeCONCINI. Mr. President, I send a modification of amendment No. 
1822 to the desk.
  The PRESIDING OFFICER. The Senator has that right.
  The amendment is so modified.
  So the amendment (No. 1822) was modified, as follows:
       At the end of Title VI, add the following new section:
       Sec.  . Section 3626 paragraph (j)(1) subparagraph (D) of 
     Title 39 United States Code is amended by--
       (a) deleting the final ``.'' from (II) and adding ``; 
     and;''
       (b) and adding--``(III) clause (i) shall not apply to space 
     advertising in mail matter that otherwise qualifies for rates 
     under former section 4452(b) or 4452(c) of this title, and 
     satisfies the content requirements established by the Postal 
     Service for periodical publications.''
       : Provided, That such changes in law shall take effect if 
     the Congress does not enact legislation on this subject 
     matter prior to Oct. 1, 1995: Provided further, That the 
     Postal Service shall not implement any rule or regulation to 
     enforce section 3626(j)(1)(D)(i) of title 39, United States 
     Code, prior to September 30, 1995.

  The PRESIDING OFFICER. Is there further debate on the amendment?
  Mr. DeCONCINI. Mr. President, this amendment deals with the so-called 
revenue foregone and has been worked out with the Senator from Alaska 
and the Senator from Missouri to deal with the authorizing committees' 
concern that they have an opportunity to address this in their 
committees.
  It is self-explanatory. What it does here, in essence, is it says the 
Postal Service shall not implement any rule or regulation to enforce 
certain sections made reference there prior to September 30, 1995.
  I ask adoption of the amendment.
  Mr. BOND. No objection.
  The PRESIDING OFFICER. Is there further debate on amendment No. 1822?
  If not, the amendment is agreed to.
  The amendment (No. 1822), as modified, was agreed to.
  Mr. DeCONCINI. Mr. President, I move to reconsider the vote.
  Mr. BOND. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. DeCONCINI. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The Senator from Arizona suggests the absence 
of a quorum. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DeCONCINI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________