I

106TH CONGRESS

1ST SESSION H. R. 1228

To amend the retirement provisions of title 5, United States Code, to extend

to inspectors of the Immigration and Naturalization Service, revenue

officers of the Internal Revenue Service, and certain others, the same

treatment as is accorded to law enforcement officers.

IN THE HOUSE OF REPRESENTATIVES

MARCH 23, 1999

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

Committee on Government Reform

A BILL

To amend the retirement provisions of title 5, United States

Code, to extend to inspectors of the Immigration and

Naturalization Service, revenue officers of the Internal

Revenue Service, and certain others, the same treatment

as is accorded to law enforcement officers.

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

3 SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.

4 (a) EXPANSION OF DEFINITION OF A LAW ENFORCE5 MENT OFFICER.—Paragraph (20) of section 8331 of title

6 5, United States Code, is amended by striking ‘‘position.’’

7 and inserting ‘‘position, a revenue officer, a customs in-
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1 spector, a customs canine enforcement officer, an Immi2 gration and Naturalization inspector, a Department of

3 Defense police officer, a Department of Defense Command

4 Investigations Division detective, a Bureau of Engraving

5 and Printing officer, a postal police officer, a Secret Serv6 ice special officer, a Drug Enforcement Administration di7 version investigator, a United States Customs Operation

8 Enforcement Officer, and a United States Customs Detec9 tion System Specialist Airborne and Flight Engineer.’’.

10 (b) ADDITIONAL CLASSES OF POSITIONS DE11 FINED.—Section 8331 of title 5, United States Code, is

12 amended by striking ‘‘and’’ at the end of paragraph (26),

13 by striking the period at the end of paragraph (27) and

14 inserting a semicolon, and by adding at the end the fol15 lowing:

16 ‘‘(28) ‘revenue officer’ means an employee of

17 the Internal Revenue Service, the duties of whose

18 position are primarily the collection of delinquent

19 taxes and the securing of delinquent returns, includ20 ing an employee engaged in this activity who is

21 transferred to a supervisory or administrative posi22 tion;

23 ‘‘(29) ‘customs inspector’ means an employee of

24 the United States Customs Service, the duties of

25 whose position are primarily to—
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1 ‘‘(A) enforce laws and regulations gov2 erning 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 ‘‘(30) ‘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 gov18 erning 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,
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1 including an employee engaged in this activity who

2 is transferred to a supervisory or administrative po3 sition;

4 ‘‘(31) ‘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 ‘‘(32) ‘Department of Defense police officer’

13 means an employee of the Department of Defense,

14 the duties of whose position are primarily to oversee

15 enforcement of Federal, State, county, and munic16 ipal statutes, laws, and ordinances, and rules and

17 regulations of the Department of the Navy, Army,

18 and Air Force pertaining to law enforcement on

19 United States military bases, including an employee

20 engaged in this activity who is transferred to a su21 pervisory or administrative position;

22 ‘‘(33) ‘Department of Defense Command Inves23 tigations Division detective’ means an employee of

24 the Department of Defense, the duties of whose po25 sition are primarily to maintain investigative and
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1 counterintelligence jurisdiction to prepare for an evi2 dentiary foundation for military command action for

3 crimes committed on military property by military

4 or civilian personnel, including an employee engaged

5 in this activity who is transferred to a supervisory

6 or administrative position;

7 ‘‘(34) ‘Bureau of Engraving and Printing offi8 cer’ means an employee of the Bureau of Engraving

9 and Printing, the duties of whose position are pri10 marily to provide specialized protection to the Bu11 reau of Engraving and Printing and to enforce Fed12 eral laws, Department of the Treasury rules and

13 regulations, and local ordinances by investigating

14 criminal activity for offenses against the United

15 States, including an employee engaged in this activ16 ity who is transferred to a supervisory or adminis17 trative position;

18 ‘‘(35) ‘postal police officer’ means an employee

19 of the United States Postal Service, the duties of

20 whose position are primarily to provide specialized

21 protection for the United States Postal Service and

22 persons and property related to its function as au23 thorized under section 1 of the Act of June 1, 1948

24 (popularly known as the ‘Protection of Public Prop25 erty Act’) and other laws, including an employee en-
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1 gaged in this activity who is transferred to a super2 visory or administrative position;

3 ‘‘(36) ‘Secret Service special officer’ means an

4 employee of the United States Secret Service, the

5 duties of whose position are primarily to provide a

6 wide range of security and protection support func7 tions within the United States Secret Service (such

8 as maintaining designed security posts; travel in

9 support of the President, Vice President, and foreign

10 heads of state; and providing protective support for

11 major Presidential and Vice Presidential candidates,

12 former Presidents, and First Ladies), including an

13 employee engaged in this activity who is transferred

14 to a supervisory or administrative position;

15 ‘‘(37) ‘Drug Enforcement Administration diver16 sion investigator’ means an employee of the Drug

17 Enforcement Administration, the duties of whose po18 sition are primarily to investigate violations of the

19 criminal drug laws of the United States by drug

20 manufacturers and distributors, doctors, and phar21 macists, and to seek Federal prosecution of violators

22 from United States Attorneys, including an em23 ployee engaged in this activity who is transferred to

24 a supervisory or administrative position;
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1 ‘‘(38) ‘United States Customs Operation En2 forcement Officer’ means an employee of the United

3 States Customs Service, the duties of whose position

4 primarily involve internal affairs of the United

5 States Customs Service and the prevention of cor6 ruption by utilizing investigations techniques and

7 knowledge of inspectional procedures and processes,

8 as well as intelligence research work in enforcing

9 federal laws, particularly in the areas of drug inter10 diction and fraud within the United States Customs

11 Service, including an employee engaged in this activ12 ity who is transferred to a supervisory or adminis13 trative position; and

14 ‘‘(39) ‘United States Customs Detection System

15 Specialist Airborne and Flight Engineer’ means an

16 employee of United States Customs Service, the du17 ties of whose position are primarily the detection,

18 tracking, and assisting in the apprehension of per19 sons suspected or known to be smuggling drugs or

20 contraband into the United States, including an em21 ployee engaged in this activity who is transferred to

22 a supervisory or administrative position.’’.

23 SEC. 2. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.

24 (a) EXPANSION OF DEFINITION OF A LAW ENFORCE25 MENT OFFICER.—Paragraph (17) of section 8401 of title
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1 5, United States Code, is amended by striking ‘‘and’’ at

2 the end of subparagraph (C), and by adding at the end

3 the following:

4 ‘‘(E) a revenue officer;

5 ‘‘(F) a customs inspector;

6 ‘‘(G) a customs canine enforcement officer;

7 ‘‘(H) an Immigration and Naturalization

8 inspector;

9 ‘‘(I) a Department of Defense police offi10 cer;

11 ‘‘(J) a Department of Defense Command

12 Investigations Division detective;

13 ‘‘(K) a Bureau of Engraving and Printing

14 officer;

15 ‘‘(L) a postal police officer;

16 ‘‘(M) a Secret Service special officer;

17 ‘‘(N) a Drug Enforcement Administration

18 diversion investigator;

19 ‘‘(O) a United States Customs Operation

20 Enforcement Officer; and

21 ‘‘(P) a United States Customs Detection

22 System Specialist Airborne and Flight Engi23 neer;’’.

24 (b) ADDITIONAL CLASSES OF POSITIONS DE25 FINED.—Section 8401 of title 5, United States Code, is
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1 amended by striking ‘‘and’’ at the end of paragraph (32),

2 by striking the period at the end of paragraph (33) and

3 inserting a period, and by adding at the end the following:

4 ‘‘(34) ‘revenue officer’ means an employee of

5 the Internal Revenue Service, the duties of whose

6 position are primarily the collection of delinquent

7 taxes and the securing of delinquent returns, includ8 ing an employee engaged in this activity who is

9 transferred to a supervisory or administrative posi10 tion;

11 ‘‘(35) ‘customs inspector’ means an employee of

12 the United States Customs Service, the duties of

13 whose position are primarily to—

14 ‘‘(A) enforce laws and regulations gov15 erning the importing and exporting of merchan16 dise;

17 ‘‘(B) process and control passengers and

18 baggage;

19 ‘‘(C) interdict smuggled merchandise and

20 contraband; and

21 ‘‘(D) apprehend (if warranted) persons in22 volved in violations of customs laws,

23 including an employee engaged in this activity who

24 is transferred to a supervisory or administrative po25 sition;
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1 ‘‘(36) ‘customs canine enforcement officer’

2 means an employee of the United States Customs

3 Service, the duties of whose position are primarily to

4 work directly with a dog in an effort to—

5 ‘‘(A) enforce laws and regulations gov6 erning the importing and exporting of merchan7 dise;

8 ‘‘(B) process and control passengers and

9 baggage;

10 ‘‘(C) interdict smuggled merchandise and

11 contraband; and

12 ‘‘(D) apprehend (if warranted) persons in13 volved in violations of customs laws,

14 including an employee engaged in this activity who

15 is transferred to a supervisory or administrative po16 sition;

17 ‘‘(37) ‘Immigration and Naturalization inspec18 tor’ means an employee of the Immigration and Nat19 uralization Service, the duties of whose position are

20 primarily the controlling and guarding of the bound21 aries and borders of the United States against the

22 illegal entry of aliens, including an employee en23 gaged in this activity who is transferred to a super24 visory or administrative position;
11

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1 ‘‘(38) ‘Department of Defense police officer’

2 means an employee of the Department of Defense,

3 the duties of whose position are primarily to oversee

4 enforcement of Federal, State, county, and munic5 ipal statutes, laws, and ordinances, and rules and

6 regulations of the Department of the Navy, Army,

7 and Air Force pertaining to law enforcement on

8 United States military bases, including an employee

9 engaged in this activity who is transferred to a su10 pervisory or administrative position;

11 ‘‘(39) ‘Department of Defense Command Inves12 tigations Division detective’ means an employee of

13 the Department of Defense, the duties of whose po14 sition are primarily to maintain investigative and

15 counterintelligence jurisdiction to prepare for an evi16 dentiary foundation for military command action for

17 crimes committed on military property by military or

18 civilian personnel, including an employee engaged in

19 this activity who is transferred to a supervisory or

20 administrative position;

21 ‘‘(40) ‘Bureau of Engraving and Printing offi22 cer’ means an employee of the Bureau of Engraving

23 and Printing, the duties of whose position are pri24 marily to provide specialized protection to the Bu25 reau of Engraving and Printing and to enforce Fed-
12

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1 eral laws, Department of the Treasury rules and

2 regulations, and local ordinances by investigating

3 criminal activity for offenses against the United

4 States, including an employee engaged in this activ5 ity who is transferred to a supervisory or adminis6 trative position;

7 ‘‘(41) ‘postal police officer’ means an employee

8 of the United States Postal Service, the duties of

9 whose position are primarily to provide specialized

10 protection for the United States Postal Service and

11 persons and property related to its function as au12 thorized under section 1 of the Act of June 1, 1948

13 (popularly known as the ‘Protection of Public Prop14 erty Act’) and other laws, including an employee en15 gaged in this activity who is transferred to a super16 visory or administrative position;

17 ‘‘(42) ‘Secret Service special officer’ means an

18 employee of the United States Secret Service, the

19 duties of whose position are primarily to provide a

20 wide range of security and protection support func21 tions within the United States Secret Service (such

22 as maintaining designed security posts; travel in

23 support of the President, Vice President, and foreign

24 heads of state; and providing protective support for

25 major Presidential and Vice Presidential candidates,
13

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1 former Presidents, and First Ladies), including an

2 employee engaged in this activity who is transferred

3 to a supervisory or administrative position;

4 ‘‘(43) ‘Drug Enforcement Administration diver5 sion investigator’ means an employee of the Drug

6 Enforcement Administration, the duties of whose po7 sition are primarily to investigate violations of the

8 criminal drug laws of the United States by drug

9 manufacturers and distributors, doctors, and phar10 macists, and to seek Federal prosecution of violators

11 from United States Attorneys, including an em12 ployee engaged in this activity who is transferred to

13 a supervisory or administrative position;

14 ‘‘(44) ‘United States Customs Operation En15 forcement Officer’ means an employee of the United

16 States Customs Service, the duties of whose position

17 primarily involve internal affairs of the United

18 States Customs Service and the prevention of cor19 ruption by utilizing investigations techniques and

20 knowledge of inspectional procedures and processes,

21 as well as intelligence research work in enforcing

22 federal laws, particularly in the areas of drug inter23 diction and fraud within the United States Customs

24 Service, including an employee engaged in this activ-
14

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1 ity who is transferred to a supervisory or adminis2 trative position; and

3 ‘‘(45) ‘United States Customs Detection System

4 Specialist Airborne and Flight Engineer’ means an

5 employee of United States Customs Service, the du6 ties of whose position are primarily the detection,

7 tracking, and assisting in the apprehension of per8 sons suspected or known to be smuggling drugs or

9 contraband into the United States, including an em10 ployee engaged in this activity who is transferred to

11 a supervisory or administrative position.’’.

12 SEC. 3. EFFECTIVE DATE; RELATED PROVISIONS.

13 (a) IN GENERAL.—The amendments made by this

14 Act shall apply only in the case of individuals becoming

15 entitled to an annuity based on a separation from Govern16 ment service occurring on or after the date of enactment

17 of this Act.

18 (b) EMPLOYEE CONTRIBUTIONS.—The amendments

19 made by this Act shall not apply with respect to any period

20 of service preceding the date of enactment of this Act un21 less the employee involved (or, if applicable, an appro22 priate survivor) pays into the Civil Service Retirement and

23 Disability Fund, in such time and manner as the Office

24 of Personnel Management shall prescribe, an amount

25 equal to the total additional amounts which should have
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1 been deducted and withheld from pay (in excess of

2 amounts actually deducted and not refunded) under chap3 ter 83 or 84 of title 5, United States Code, as the case

4 may be, if such amendments had then been in effect, with

5 interest.

6 (c) AGENCY CONTRIBUTIONS.—Not later than 90

7 days after the date on which the payment under sub8 section (b) is made by an individual, the appropriate agen9 cy shall pay into the Civil Service Retirement and Dis10 ability Fund any additional amounts (as determined by

11 the Office of Personnel Management) which should have

12 been paid by that agency into the Fund, under applicable

13 provisions of chapter 83 or 84 of title 5, United States

14 Code (as the case may be), with interest, if the amend15 ments made by this Act had been in effect during the prior

16 periods of service involved.

17 (d) REGULATIONS.—The Office of Personnel Man18 agement shall prescribe any regulations necessary to carry

19 out this Act. Such regulations shall include provisions,

20 consistent with section 8334(e) of title 5, United States

21 Code, for the computation of interest.

Æ