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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1740 Introduced in House (IH)]

  1st Session
                                H. R. 1740

For the relief of Michael Patrick McNamara and Thomas Parnell McNamara, 
                                  Jr.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 1995

 Mr. Edwards introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL

 
For the relief of Michael Patrick McNamara and Thomas Parnell McNamara, 
                                  Jr.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. APPOINTMENT RIGHTS.

    (a) In General.--Notwithstanding any maximum age limit under 
section 3307(d) or any other provision of subchapter I of chapter 33 of 
title 5, United States Code, Michael Patrick McNamara and Thomas 
Parnell McNamara, Jr. (both of Waco, Texas) shall each be entitled--
            (1) to competitive status;
            (2) to have such individual's appointment converted to a 
        career appointment, without condition; and
            (3) to have such individual's position converted to the 
        position of a Deputy United States Marshal.
    (b) Application.--Subsection (a) shall not apply unless--
            (1) appropriate written application is submitted by the 
        individual involved within 1 year after the date on which the 
        regulations under section 3 become effective; and
            (2) such individual remains continuously employed as an 
        Intermittent Deputy United States Marshal (disregarding any 
        break in service of 3 days or less) between the date of the 
        enactment of this Act and the date on which such individual's 
        application is approved.
    (c) Approval.--An application submitted under this section shall be 
approved if the requirements of paragraphs (1) and (2) of subsection 
(b) are satisfied.
    (d) Appointments Not To Cause any Adverse Effects for Others.--
Nothing in this section shall cause the separation or a reduction in 
the pay of any other member of the United States Marshals Service.

SEC. 2. PROVISIONS RELATING TO RETIREMENT.

    (a) Eligibility To Participate in Retirement System.--An individual 
holding a position on the date of its conversion to a Deputy United 
States Marshal position pursuant to section 1 shall become subject to 
the provisions of subchapter III of chapter 83 of title 5, United 
States Code, subject to the same terms and conditions as apply in the 
case of an individual described in section 8402(b)(2) of such title.
    (b) Conditions for Receiving Credit for Prior Service.--
            (1) In general.--Subject to the making of a deposit under 
        section 8334(c) of title 5, United States Code, upon 
        application to the Office of Personnel Management within 1 year 
        after the date of becoming subject to the provisions of 
        subchapter III of chapter 83 of title 5, United States Code, 
        pursuant to subsection (a), the individual concerned shall be 
        allowed credit under such provisions for any service such 
        individual performed, before so becoming subject to such 
        provisions, as an Intermittent Deputy United States Marshal.
            (2) Certification.--The Office shall, with respect to any 
        service for which credit is sought under this subsection, 
        accept the certification of the head of the agency under which 
        such individual was employed while performing the service 
        involved, but only if such certification indicates the period 
        of such service, and includes copies of appropriate records or 
        other documentation to support the determination as to the 
        length of such period.
    (c) Mandatory Separation.--For purposes of section 8335 of title 5, 
United States Code, and any other similar provision of such title, 
service performed as an Intermittent Deputy United States Marshal by an 
individual who becomes subject to subchapter III of chapter 83 of such 
title pursuant to subsection (a) shall be considered service performed 
as a law enforcement officer (within the meaning of section 8331(20) of 
such title).

SEC. 3. REGULATIONS.

    The Office of Personnel Management shall prescribe such regulations 
as may be necessary to carry out this Act. Such regulations shall 
include the form and content requirements for any application under 
section 1, and provisions concerning to whom any such application shall 
be submitted for approval.
                                 <all>
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