I

104TH CONGRESS

1ST SESSION H. R. 1124

To amend chapters 83 and 84 of title 5, United States Code, to provide

that, for civil service retirement purposes, 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 shall be treated in the same way as law enforcement

officers.

IN THE HOUSE OF REPRESENTATIVES

MARCH 3, 1995

Mr. COLEMAN introduced the following bill; which was referred to the

Committee on Government Reform and Oversight

A BILL

To amend chapters 83 and 84 of title 5, United States

Code, to provide that, for civil service retirement purposes, 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 shall be treated in the

same way as law enforcement officers.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1124 IH

1 SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.

2 (a) TREATMENT AS LAW ENFORCEMENT OFFI3 CERS.—Section 8331(20) of title 5, United States Code,

4 is amended by striking ‘‘administrative position.’’ and in5 serting ‘‘administrative position, and any revenue officer,

6 customs inspector, customs canine enforcement officer,

7 and Immigration and Naturalization inspector.’’.

8 (b) DEFINITIONS.—Section 8331 of title 5, United

9 States Code, is amended—

10 (1) by striking ‘‘and’’ at the end of paragraph

11 (25);

12 (2) by striking the period at the end of para13 graph (26) and inserting a semicolon; and

14 (3) by adding at the end the following:

15 ‘‘(27) ‘revenue officer’ means an employee of

16 the Internal Revenue Service, the duties of whose

17 position are primarily the collection of delinquent

18 taxes and the securing of delinquent returns, includ19 ing an employee engaged in this activity who is

20 transferred to a supervisory or administrative posi21 tion;

22 ‘‘(28) ‘customs inspector’ means an employee of

23 the United States Customs Service, the duties of

24 whose position are primarily to—
3

•HR 1124 IH

1 ‘‘(A) enforce laws and regulations govern2 ing the importing and exporting of merchan3 dise;

4 ‘‘(B) process and control passengers and

5 baggage;

6 ‘‘(C) interdict smuggled merchandise and

7 contraband; and

8 ‘‘(D) apprehend (if warranted) persons in9 volved in violations of customs laws,

10 including an employee engaged in this activity who

11 is transferred to a supervisory or administrative po12 sition;

13 ‘‘(29) ‘customs canine enforcement officer’

14 means an employee of the United States Customs

15 Service, the duties of whose position are primarily to

16 work directly with a dog in an effort to—

17 ‘‘(A) enforce laws and regulations govern18 ing the importing and exporting of merchan19 dise;

20 ‘‘(B) process and control passengers and

21 baggage;

22 ‘‘(C) interdict smuggled merchandise and

23 contraband; and

24 ‘‘(D) apprehend (if warranted) persons in25 volved in violations of customs laws,
4

•HR 1124 IH

1 including an employee engaged in this activity who

2 is transferred to a supervisory or administrative po3 sition; and

4 ‘‘(30) ‘Immigration and Naturalization inspec5 tor’ means an employee of the Immigration and Nat6 uralization Service, the duties of whose position are

7 primarily the controlling and guarding of the bound8 aries and borders of the United States against the

9 illegal entry of aliens, including an employee en10 gaged in this activity who is transferred to a super11 visory or administrative position.’’.

12 SEC. 2. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.

13 (a) TREATMENT AS LAW ENFORCEMENT OFFI14 CERS.—Section 8401(17) of title 5, United States Code,

15 is amended by adding at the end the following: ‘‘such term

16 includes any revenue officer, customs inspector, customs

17 canine enforcement officer, and Immigration and Natu18 ralization inspector;’’.

19 (b) DEFINITIONS.—Section 8401 of title 5, United

20 States Code, is amended—

21 (1) by striking ‘‘and’’ at the end of paragraph

22 (31);

23 (2) by striking the period at the end of para24 graph (32) and inserting a semicolon; and

25 (3) by adding at the end the following:
5

•HR 1124 IH

1 ‘‘(33) ‘revenue officer’ means an employee of

2 the Internal Revenue Service, the duties of whose

3 position are primarily the collection of delinquent

4 taxes and the securing of delinquent returns, includ5 ing an employee engaged in this activity who is

6 transferred to a supervisory or administrative posi7 tion;

8 ‘‘(34) ‘customs inspector’ means an employee of

9 the United States Customs Service, the duties of

10 whose position are primarily to—

11 ‘‘(A) enforce laws and regulations govern12 ing the importing and exporting of merchan13 dise;

14 ‘‘(B) process and control passengers and

15 baggage;

16 ‘‘(C) interdict smuggled merchandise and

17 contraband; and

18 ‘‘(D) apprehend (if warranted) persons in19 volved in violations of customs laws,

20 including an employee engaged in this activity who

21 is transferred to a supervisory or administrative po22 sition;

23 ‘‘(35) ‘customs canine enforcement officer’

24 means an employee of the United States Customs
6

•HR 1124 IH

1 Service, the duties of whose position are primarily to

2 work directly with a dog in an effort to—

3 ‘‘(A) enforce laws and regulations govern4 ing the importing and exporting of merchan5 dise;

6 ‘‘(B) process and control passengers and

7 baggage;

8 ‘‘(C) interdict smuggled merchandise and

9 contraband; and

10 ‘‘(D) apprehend (if warranted) persons in11 volved in violations of customs laws,

12 including an employee engaged in this activity who

13 is transferred to a supervisory or administrative po14 sition; and

15 ‘‘(36) ‘Immigration and Naturalization inspec16 tor’ means an employee of the Immigration and Nat17 uralization Service, the duties of whose position are

18 primarily the controlling and guarding of the bound19 aries and borders of the United States against the

20 illegal entry of aliens, including an employee en21 gaged in this activity who is transferred to a super22 visory or administrative position.’’.
7

•HR 1124 IH

1 SEC. 3. EFFECTIVE DATE; PRIOR SERVICE.

2 (a) EFFECTIVE DATE.—Except as otherwise provided

3 in this section, this Act and the amendments made by this

4 Act—

5 (1) shall take effect on the 90th day after the

6 date of the enactment of this Act; and

7 (2) shall apply with respect to an individual

8 only if such individual serves as a revenue officer,

9 customs inspector, customs canine enforcement offi10 cer, or Immigration and Naturalization inspector on

11 or after the effective date of this Act.

12 (b) PRIOR SERVICE.—

13 (1) EMPLOYEE CONTRIBUTIONS.—In admin14 istering chapter 83 or 84 of title 5, United States

15 Code, with respect to an individual who satisfies

16 subsection (a)(2), the amendments made by this Act

17 shall be disregarded for purposes of any service per18 formed before the effective date of this Act as a rev19 enue officer, customs inspector, customs canine en20 forcement officer, or Immigration and Naturaliza21 tion inspector, unless such individual deposits into

22 the Fund, within such time and in such manner as

23 the Office of Personnel Management by regulation

24 requires, an amount equal to the amount by which—
8

•HR 1124 IH

1 (A) the deductions from pay which would

2 have been required for such service had such

3 amendments then been in effect; exceeds

4 (B) the amounts actually deducted from

5 such pay (less any amounts refunded and not

6 repaid),

7 with interest.

8 (2) AGENCY CONTRIBUTIONS.—Not later than

9 90 days after the full amount required under para10 graph (1) has been paid by an individual, the agency

11 that employed such individual during the period of

12 service to which such amount relates shall pay into

13 the Fund, with interest, an amount equal to the

14 amount by which—

15 (A) the Government contributions which

16 would have been required for such service, had

17 such amendments then been in effect; exceeds

18 (B) the Government contributions actually

19 made for such service.

20 (c) REGULATIONS.—The Office of Personnel Man21 agement shall prescribe such regulations as may be nec22 essary to carry out this Act, including regulations for de23 termining the amount of any interest to be paid under this

24 section.

25 (d) DEFINITIONS.—For the purpose of this section—
9

•HR 1124 IH

1 (1) each of the terms ‘‘revenue officer’’, ‘‘cus2 toms inspector’’, ‘‘customs canine enforcement offi3 cer’’, and ‘‘Immigration and Naturalization inspec4 tor’’ has the meaning given it by section 8331 or

5 8401 (as the case may be) of title 5, United States

6 Code, as amended by this Act; and

7 (2) the term ‘‘Fund’’ means the Civil Service

8 Retirement and Disability Fund under section 8348

9 of title 5, United States Code.

Æ