[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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