V

104TH CONGRESS

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.

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

3 SECTION 1. APPOINTMENT RIGHTS.

4 (a) IN GENERAL.—Notwithstanding any maximum

5 age limit under section 3307(d) or any other provision of

6 subchapter I of chapter 33 of title 5, United States Code,

7 Michael Patrick McNamara and Thomas Parnell McNa8 mara, Jr. (both of Waco, Texas) shall each be entitled—

9 (1) to competitive status;
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1 (2) to have such individual’s appointment con2 verted to a career appointment, without condition;

3 and

4 (3) to have such individual’s position converted

5 to the position of a Deputy United States Marshal.

6 (b) APPLICATION.—Subsection (a) shall not apply

7 unless—

8 (1) appropriate written application is submitted

9 by the individual involved within 1 year after the

10 date on which the regulations under section 3 be11 come effective; and

12 (2) such individual remains continuously em13 ployed as an Intermittent Deputy United States

14 Marshal (disregarding any break in service of 3 days

15 or less) between the date of the enactment of this

16 Act and the date on which such individual’s applica17 tion is approved.

18 (c) APPROVAL.—An application submitted under this

19 section shall be approved if the requirements of para20 graphs (1) and (2) of subsection (b) are satisfied.

21 (d) APPOINTMENTS NOT TO CAUSE ANY ADVERSE

22 EFFECTS FOR OTHERS.—Nothing in this section shall

23 cause the separation or a reduction in the pay of any other

24 member of the United States Marshals Service.
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1 SEC. 2. PROVISIONS RELATING TO RETIREMENT.

2 (a) ELIGIBILITY TO PARTICIPATE IN RETIREMENT

3 SYSTEM.—An individual holding a position on the date of

4 its conversion to a Deputy United States Marshal position

5 pursuant to section 1 shall become subject to the provi6 sions of subchapter III of chapter 83 of title 5, United

7 States Code, subject to the same terms and conditions as

8 apply in the case of an individual described in section

9 8402(b)(2) of such title.

10 (b) CONDITIONS FOR RECEIVING CREDIT FOR PRIOR

11 SERVICE.—

12 (1) IN GENERAL.—Subject to the making of a

13 deposit under section 8334(c) of title 5, United

14 States Code, upon application to the Office of Per15 sonnel Management within 1 year after the date of

16 becoming subject to the provisions of subchapter III

17 of chapter 83 of title 5, United States Code, pursu18 ant to subsection (a), the individual concerned shall

19 be allowed credit under such provisions for any serv20 ice such individual performed, before so becoming

21 subject to such provisions, as an Intermittent Dep22 uty United States Marshal.

23 (2) CERTIFICATION.—The Office shall, with re24 spect to any service for which credit is sought under

25 this subsection, accept the certification of the head

26 of the agency under which such individual was em-
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1 ployed while performing the service involved, but

2 only if such certification indicates the period of such

3 service, and includes copies of appropriate records or

4 other documentation to support the determination as

5 to the length of such period.

6 (c) MANDATORY SEPARATION.—For purposes of sec7 tion 8335 of title 5, United States Code, and any other

8 similar provision of such title, service performed as an

9 Intermittent Deputy United States Marshal by an individ10 ual who becomes subject to subchapter III of chapter 83

11 of such title pursuant to subsection (a) shall be considered

12 service performed as a law enforcement officer (within the

13 meaning of section 8331(20) of such title).

14 SEC. 3. REGULATIONS.

15 The Office of Personnel Management shall prescribe

16 such regulations as may be necessary to carry out this

17 Act. Such regulations shall include the form and content

18 requirements for any application under section 1, and pro19 visions concerning to whom any such application shall be

20 submitted for approval.

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