[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[House]
[Pages H9484-H9486]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF STATE SPECIAL AGENTS RETIREMENT ACT OF 1998
Mr. GILMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read as follows:
H.R. 633
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
[[Page H9485]]
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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Gilman) and the gentleman from Indiana (Mr. Hamilton) each
will control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Gilman).
General Leave
Mr. GILMAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker, H.R. 633 amends the Foreign Service Act to
provide that the annuities of diplomatic security special agents of the
Department of State who are participating in the Foreign Service
retirement and disability system be computed in the same way as applies
generally to Federal law enforcement officers participating in the
Civil Service Retirement System. Mr. Speaker, we all know of the good
work around the world by the special agents of the Diplomatic Security
Service.
In general, Federal law enforcement officers who contribute an
additional \1/2\ percent of their basic salary to their retirement fund
are eligible to receive a multiplier of 2\1/2\ percent per year for up
to 20 years, instead of 2 percent per year. This amounts to a 25
percent increase in their annuity computation for their first 20 years
as law enforcement agents, in comparison to other ``Old System''
employees.
This bill ensures that our DS special agents would also receive this
benefit which, as I mentioned, is available to their Civil Service law
enforcement colleagues throughout the Federal Government. The
legislation affects a relatively small number of people, around 200 DS
agents in the State Department, and will resolve equity and morale
concerns in the Bureau of Diplomatic Security.
The bill also provides that just as old system civil service law
enforcement officers are subject to mandatory retirement, the old
system foreign service law enforcement officers who are the
beneficiaries of this bill will also be subject to mandatory
retirement.
Mr. Speaker, this bill is the fruit of a great deal of work and
diligence by the gentleman from Virginia (Mr. Davis). It passed by a
bipartisan voice vote in our committee. Accordingly, I support the
measure.
Mr. Speaker, I reserve the balance of my time.
Mr. HAMILTON. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 633. I commend the gentleman from Virginia
(Mr. Davis) and the gentleman from Virginia (Mr. Moran) for their
leadership in introducing the bill. I appreciate very much the
gentleman from New York making sure it is on the schedule today.
The bill provides equity for a small group of State Department
diplomatic security agents. Today most law enforcement agents in the
Federal Government who were hired before 1984 will receive a 7.5
percent annuity when they retire. The State Department diplomatic
security agents hired prior to 1984, however, will receive 7 percent.
There are fewer than 200 such officers at the Department of State.
This bill would allow those diplomatic security officers hired prior
to 1984 whose primary duties are investigation, apprehension or
detention of criminal suspects and who are in rigorous physical shape
to receive the higher annuity upon retirement, after paying an
increased contribution into the retirement system.
This is a bipartisan bill. It is supported by the Administration. It
brings deserved equity for the Diplomatic Security Service. Diplomatic
security agents protect U.S. personnel. They ensure the security of
vital U.S. information and buildings at home and abroad. Foreign
service diplomatic security officers deserve to be treated similarly to
their civil service colleagues throughout the Federal Government.
The cost of H.R. 633 has been estimated by the Office of Management
[[Page H9486]]
and Budget to be $2.5 million over fiscal years 1999 through the year
2003. It is not a costly new program since it will apply to a narrow
category of officers. I urge my colleagues to support this bill.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. GILMAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Virginia (Mr. Davis), the sponsor of the measure.
Mr. DAVIS of Virginia. I thank the gentleman for yielding me this
time.
Mr. Speaker, it is my privilege for the House today to consider H.R.
633, as amended, a bill I introduced to bring equity to agents of the
Diplomatic Security Service. With the hard work and dedication of the
gentleman from New York (Mr. Gilman), chairman of the Committee on
International Relations and his staff members Hillel Weinberg and
Kristen Gilley, the House is prepared today to pass this important
legislation.
Specifically, H.R. 633 would amend the Foreign Service Act of 1980 to
provide that the annuities of DS special agents of the Department of
State, who are participating in the Foreign Service Retirement and
Disability System, be computed in the same way as applies generally to
Federal law enforcement officers. In general, law enforcement officers
must contribute an additional one-half percent of their basic salary to
their retirement fund and, in return, are eligible to receive a one-
half percent per year served, up to 20 years, or a 10 percent increase
in their annuity.
As Members know, despite performing traditional law enforcement
activities and being placed in high-risk situations on behalf of the
United States at home and abroad, many DS special agents are currently
treated differently than all other law enforcement agents in regards to
their retirement annuity calculations. The security functions that DS
special agents carry out every day include protecting U.S. personnel
and the security of vital U.S. information and installations both
domestically and internationally. Their duties are critical to the
viability of overseas operations of the United States and to the
protection of thousands of U.S. citizens around the world.
Special agents of the Bureau of Diplomatic Security are charged with
the security of American diplomatic personnel overseas. These agents
also protect Members of Congress and their staffs while on official
business overseas. We have seen time and time again the threats that DS
special agents face protecting America's interests. In the past few
years alone, DS special agents have been placed in harm's way while
serving in Bosnia, Burundi, Liberia and Haiti.
H.R. 633 is supported by the U.S. Department of State, the Office of
Personnel Management, the American Foreign Service Association, the
Diplomatic Security Special Agents Association, the Federal Law
Enforcement Officers Association, and the Fraternal Order of Police.
I would also like to thank again the gentleman from New York (Mr.
Gilman), the gentleman from Florida (Mr. Mica), the gentleman from
Virginia (Mr. Moran), the Department of State, and my constituent Jim
Prietch for their leadership in making this legislation possible.
Mr. LANTOS. Mr. Speaker, as an enthusiastic Cosponsor of H.R. 633, I
rise in strong support of this legislation and urge my colleagues to
support its passage.
The adoption of H.R. 633 is a simple matter of equity. It provides
that a small number of diplomatic security agents at the Department of
State will receive the same rate of annuity when they retire as other
federal law enforcement officials now receive. The cost of the program
is minimal and will be absorbed in the budget of the Department of
State, but the fundamental issues is one of fairness.
It is important, Mr. Speaker, to keep in mind that Diplomatic
Security special agents are fully trained law enforcement officers with
critical law enforcement responsibilities established in law. These
agents have principal responsibilities for investigation, apprehension
and detention of criminal suspects. They protect U.S. government
personnel while traveling abroad, they protect our diplomatic
facilities in foreign countries, they protect the integrity of foreign
policy information, and they provide an important protective function
in the United States for visiting foreign government leaders and our
own diplomats.
Mr. Speaker, I commend our distinguished colleagues, Mr. Davis and
Mr. Moran of Virginia, for introducing this important piece of
legislation, and I urge my colleagues to support its adoption.
Mr. GILMAN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Gilman) that the House suspend the rules
and pass the bill, H.R. 633, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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