[Congressional Record Volume 149, Number 56 (Tuesday, April 8, 2003)]
[Senate]
[Pages S4964-S4968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MIKULSKI (for herself, Mr. Sarbanes, Mr. Leahy, and Mr. 
        Campbell):
  S. 819. A bill to amend the definition of a law enforcement officer 
under subchapter III of chapter 83 and chapter 84 of title 5, United 
States Code, respectively, to ensure the inclusion of certain 
positions; to the Committee on Governmental Affairs.
  Ms. MIKULSKI. Mr. President, I rise today to introduce the Law 
Enforcement Officers Retirement Equity act of 2003. I am proud to be 
joined on this bill by my colleagues, Senators Sarbanes, Leahy and 
Campbell. This legislation will ensure that all Federal law enforcement 
officers have the same retirement options and that their pay and 
benefits conform with the Federal law enforcement retirement system.
  Under current law, most Federal law enforcement officers and 
firefighters are eligible to retire at age 50 with 20 years of Federal 
service. But, some Federal law enforcement personnel, such as customs 
and immigration inspectors at the Department of Homeland Security or 
police officers at Veterans Affairs, are not eligible for these same 
benefits. This legislation will amend current law and grant the same 
pay and 20-year retirement to all law enforcement officers.
  We must honor our Federal law enforcement personnel. The names of 
Federal law enforcement officials who have died in the line of duty are 
engraved on the Law Enforcement Memorial. We include the names of the 
officers from Homeland Security and Veterans Affairs. We honor them 
when they die, but we don't recognize them when they are living.
  We need to make sure that all Federal law enforcement officers earn 
the pay and benefits that they deserve. These brave men and women are 
the country's first line of defense against terrorism and the smuggling 
of illegal drugs at our borders. They have the same law enforcement 
training as all other law enforcement personnel, and face the same 
risks and challenges.
  For example, U.S. Customs inspectors are responsible for the most 
arrests performed by Customs Service employees. Yet, they do not 
qualify for law enforcement officer status. Along with U.S. customs 
agents, uniformed U.S. Customs inspectors are helping provide 
additional security at the Nation's airports and help enforce U.S. 
customs laws. They were among the first to respond to the tragedy at 
the World Trade Center. After September 11, Customs inspectors are 
playing a critical role in ensuring that terrorists don't get their 
hands on weapons of mass destruction and smuggle them into the country.
  In 2002, the U.S. Custom Service impounded over 4,100 pounds of 
heroin and 167,000 pounds of cocaine, and confiscated over 39,000 
firearms and 6.4 million rounds of ammunition. In fact, on a typical 
day, employees of the Customs Service inspect over 57,000 trucks and 
containers. Customers inspectors are vital in winning the war on drugs 
and keeping America safe from terrorism.
  Like customs inspectors, immigration inspectors at the Department of 
Homeland Security are also on the front lines of defense against 
terrorism. Immigration inspectors enforce the Nation's immigration laws 
at more than 300 ports of entry. In the normal course of their duties, 
they enforce criminal law, make arrests, interrogate applicants for 
entry, search persons and effects, and seize evidence. Inspector's 
responsibilities have become increasing complex as political, economic 
and social unrest has increased globally. The threat of terrorism only 
increases these responsibilities.
  These immigration inspectors help secure our borders. In FY 2001, 
over 510 million inspections were performed by these inspectors with 
700,000 individuals denied entry, and approximately 71,000 criminal 
aliens were removed from the country.
  This legislation is cost effective. Any cost that is created by this 
act is more than offset by savings in training costs and increased 
revenue collection. A 20-year retirement bill for these critical 
employees will reduce turnover, increase productivity, decrease 
employee recruitment and development costs, and enhance the retention 
of a well-trained and experienced work force. These vital Federal 
employees bear the same risks and work under similar conditions to 
other law enforcement officials and deserve to receive the same level 
of benefits.
  This bill will improve the effectiveness of our inspector and revenue 
officer work force to ensure the integrity of our borders and proper 
collection of the taxes and duties owed to the Federal Government. This 
bill is supported by the Fraternal Orders of Police and the National 
Treasury Employees Union. I urge my colleagues to join me again in this 
Congress in expressing support for this bill and finally getting it 
enacted.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 819

       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''.

     SEC. 2. AMENDMENTS.

       (a) Federal Employees' Retirement System.--
       (1) In general.--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:

[[Page S4968]]

       ``(E) an employee (not otherwise covered by this 
     paragraph)--
       ``(i) the duties of whose position include the 
     investigation or apprehension of individuals suspected or 
     convicted of offenses against the criminal laws of the United 
     States; and
       ``(ii) who is authorized to carry a firearm; and
       ``(F) 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;''.
       (2) Conforming amendment.--Section 8401(17)(C) of title 5, 
     United States Code, is amended by striking ``(A) and (B)'' 
     and inserting ``(A), (B), (E), and (F)''.
       (b) Civil Service Retirement System.--Paragraph (20) of 
     section 8331 of title 5, United States Code, is amended by 
     inserting after ``position.'' the following: ``For the 
     purpose of this paragraph, the employees described in the 
     preceding provision of this paragraph (in the matter before 
     `including') shall be considered to include an employee (not 
     otherwise covered by this paragraph) who satisfies clauses 
     (i) and (ii) of section 8401(17)(E) and an employee of the 
     Internal Revenue Service the duties of whose position are as 
     described in section 8401(17)(F).''.
       (c) Effective Date.--Except as provided in section 3, the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act, and shall apply only in the 
     case of any individual first appointed (or seeking to be 
     first appointed) as a law enforcement officer (within the 
     meaning of those amendments) on or after such date.

     SEC. 3. TREATMENT OF SERVICE PERFORMED BY INCUMBENTS.

       (a) Law Enforcement Officer and Service Described.--
       (1) Law enforcement officer.--Any reference to a law 
     enforcement officer described in this subsection refers to an 
     individual who satisfies the requirements of section 8331(20) 
     or 8401(17) of title 5, United States Code (relating to the 
     definition of a law enforcement officer) by virtue of the 
     amendments made by section 2.
       (2) Service.--Any reference to service described in this 
     subsection refers to service performed as a law enforcement 
     officer (as described in this subsection).
       (b) Incumbent Defined.--For purposes of this section, the 
     term ``incumbent'' means an individual who--
       (1) is first appointed as a law enforcement officer (as 
     described in subsection (a)) before the date of the enactment 
     of this Act; and
       (2) is serving as such a law enforcement officer on such 
     date.
       (c) Treatment of Service Performed by Incumbents.--
       (1) In general.--Service described in subsection (a) which 
     is performed by an incumbent on or after the date of the 
     enactment of this Act shall, for all purposes (other than 
     those to which paragraph (2) pertains), be treated as service 
     performed as a law enforcement officer (within the meaning of 
     section 8331(20) or 8401(17) of title 5, United States Code, 
     as appropriate), irrespective of how such service is treated 
     under paragraph (2).
       (2) Retirement.--Service described in subsection (a) which 
     is performed by an incumbent before, on, or after the date of 
     the enactment of this Act shall, for purposes of subchapter 
     III of chapter 83 and chapter 84 of title 5, United States 
     Code, be treated as service performed as a law enforcement 
     officer (within the meaning of such section 8331(20) or 
     8401(17), as appropriate), but only if an appropriate written 
     election is submitted to the Office of Personnel Management 
     within 5 years after the date of the enactment of this Act or 
     before separation from Government service, whichever is 
     earlier.
       (d) Individual Contributions for Prior Service.--
       (1) In general.--An individual who makes an election under 
     subsection (c)(2) may, with respect to prior service 
     performed by such individual, contribute to the Civil Service 
     Retirement and Disability Fund the difference between the 
     individual contributions that were actually made for such 
     service and the individual contributions that should have 
     been made for such service if the amendments made by section 
     2 had then been in effect.
       (2) Effect of not contributing.--If no part of or less than 
     the full amount required under paragraph (1) is paid, all 
     prior service of the incumbent shall remain fully creditable 
     as law enforcement officer service, but the resulting annuity 
     shall be reduced in a manner similar to that described in 
     section 8334(d)(2) of title 5, United States Code, to the 
     extent necessary to make up the amount unpaid.
       (3) Prior service defined.--For purposes of this section, 
     the term ``prior service'' means, with respect to any 
     individual who makes an election under subsection (c)(2), 
     service (described in subsection (a)) performed by such 
     individual before the date as of which appropriate retirement 
     deductions begin to be made in accordance with such election.
       (e) Government Contributions for Prior Service.--
       (1) In general.--If an incumbent makes an election under 
     subsection (c)(2), the agency in or under which that 
     individual was serving at the time of any prior service 
     (referred to in subsection (d)) shall remit to the Office of 
     Personnel Management, for deposit in the Treasury of the 
     United States to the credit of the Civil Service Retirement 
     and Disability Fund, the amount required under paragraph (2) 
     with respect to such service.
       (2) Amount required.--The amount an agency is required to 
     remit is, with respect to any prior service, the total amount 
     of additional Government contributions to the Civil Service 
     Retirement and Disability Fund (over and above those actually 
     paid) that would have been required if the amendments made by 
     section 2 had then been in effect.
       (3) Contributions to be made ratably.--Government 
     contributions under this subsection on behalf of an incumbent 
     shall be made by the agency ratably (on at least an annual 
     basis) over the 10-year period beginning on the date referred 
     to in subsection (d)(3).
       (f) Exemption From Mandatory Separation.--Nothing in 
     section 8335(b) or 8425(b) of title 5, United States Code, 
     shall cause the involuntary separation of a law enforcement 
     officer (as described in subsection (a)) before the end of 
     the 3-year period beginning on the date of the enactment of 
     this Act.
       (g) Regulations.--The Office of Personnel Mangement shall 
     prescribe regulations to carry out this Act, including--
       (1) provisions in accordance with which interest on any 
     amount under subsection (d) or (e) shall be computed, based 
     on section 8334(e) of title 5, United States Code; and
       (2) provisions for the application of this section in the 
     case of--
       (A) any individual who--
       (i) satisfies paragraph (1) (but not paragraph (2)) of 
     subsection (b); and
       (ii) serves as a law enforcement officer (as described in 
     subsection (a)) after the date of the enactment of this Act; 
     and
       (B) any individual entitled to a survivor annuity (based on 
     the service of an incumbent, or of an individual under 
     subparagraph (A), who dies before making an election under 
     subsection (c)(2)), to the extent of any rights that would 
     then be available to the decedent (if still living).
       (h) Rule of Construction.--Nothing in this section shall be 
     considered to apply in the case of a reemployed annuitant.
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