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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 633 Received in Senate (RDS)]

  2d Session
                                H. R. 633

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

              October 6 (legislative day, October 2), 1998

                                Received

_______________________________________________________________________

                                 AN ACT

 
To amend the Foreign Service Act of 1980 to provide that the annuities 
 of certain special agents and security personnel of the Department of 
State be computed in the same way as applies generally with respect to 
       Federal law enforcement officers, and for other purposes.

    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 ``Department of State Special Agents 
Retirement Act of 1998''.

SEC. 2. AMENDMENTS RELATING TO THE FOREIGN SERVICE RETIREMENT AND 
              DISABILITY SYSTEM.

    (a) Definition of a Special Agent.--
            (1) In general.--Section 804 of the Foreign Service Act of 
        1980 (22 U.S.C. 4044) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (13);
                    (B) by striking the period at the end of paragraph 
                (14) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(15) `special agent' means an employee of the Department 
        of State with a primary skill code of 2501--
                    ``(A) the duties of whose position--
                            ``(i) are primarily--
                                    ``(I) the investigation, 
                                apprehension, or detention of 
                                individuals suspected or convicted of 
                                offenses against the criminal laws of 
                                the United States, or
                                    ``(II) the protection of persons 
                                pursuant to section 2709(a)(3) of title 
                                22, United States Code, against threats 
                                to personal safety; and
                            ``(ii) are sufficiently rigorous that 
                        employment opportunities should be limited to 
                        young and physically vigorous individuals, as 
                        determined by the Secretary of State pursuant 
                        to section 4823 of title 22, United States 
                        Code;
                    ``(B) performing duties described in subparagraph 
                (A) before, on, or after the date of the enactment of 
                this paragraph; or
                    ``(C) transferred directly to a position which is 
                supervisory or administrative in nature after 
                performing duties described in subparagraph (A) for at 
                least 3 years.''.
            (2) Conforming amendment.--Section 852 of such Act (22 
        U.S.C. 4071a) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) the term `special agent' has the same meaning given 
        in section 804(15).''.
    (b) Contributions.--
            (1) In general.--Section 805(a) of such Act (22 U.S.C. 
        4045(a)) is amended by adding at the end the following:
    ``(3) For service as a special agent, paragraph (1) shall be 
applied by substituting for `7 percent' the percentage that applies to 
law enforcement officers under section 8334(a)(1) of title 5, United 
States Code.''.
            (2) Conforming amendment.--Section 805(a)(1) (22 U.S.C. 
        4045(a)(1)) of such Act is amended by striking ``Except as 
        provided in subsection (h),'' and inserting ``Except as 
        otherwise provided in this section,''.
    (c) Special Contribution for Prior Nondeposit Service.--Section 
805(d) of such Act (22 U.S.C. 4045(d)) is amended by adding at the end 
the following:
    ``(6) Subject to paragraph (4) and subsection (h), for purposes of 
applying this subsection with respect to prior service as a special 
agent, the percentages of basic pay set forth in section 8334(c) of 
title 5, United States Code, with respect to a law enforcement officer, 
shall apply instead of the percentages set forth in paragraph (1).''.
    (d) Computation of Annuities.--
            (1) In general.--Section 806(a) of such Act (22 U.S.C. 
        4046(a)) is amended--
                    (A) by redesignating paragraph (6) as paragraph 
                (7); and
                    (B) by inserting after paragraph (5) the following:
    ``(6)(A) The annuity of a special agent under this subchapter shall 
be computed under paragraph (1) except that, in the case of a special 
agent described in subparagraph (B), paragraph (1) shall be applied by 
substituting for `2 percent'--
            ``(i) the percentage under subparagraph (A) of section 
        8339(d)(1) of title 5, United States Code, for so much of the 
        participant's total service as is specified thereunder; and
            ``(ii) the percentage under subparagraph (B) of section 
        8339(d)(1) of title 5, United States Code, for so much of the 
        participant's total service as is specified thereunder.
    ``(B) A special agent described in this subparagraph is any such 
agent or former agent who--
            ``(i)(I) retires voluntarily or involuntarily under section 
        607, 608, 611, 811, 812, or 813, under conditions authorizing 
        an immediate annuity, other than for cause on charges of 
        misconduct or delinquency, or retires for disability under 
        section 808; and
            ``(II) at the time of retirement--
                    ``(aa) if voluntary, is at least 50 years of age 
                and has completed at least 20 years of service as a 
                special agent; or
                    ``(bb) if involuntary or disability, has completed 
                at least 20 years of service as a special agent; or
            ``(ii) dies in Service after completing at least 20 years 
        of service as a special agent, when an annuity is payable under 
        section 809.
    ``(C) For purposes of subparagraph (B), included with the years of 
service performed by an individual as a special agent shall be any 
service performed by such individual as a law enforcement officer 
(within the meaning of section 8331(20) or section 8401(17) of title 5, 
United States Code), or a member of the Capitol Police.''.
            (2) Special rule for special agents with prior service 
        under the foreign service retirement and disability system or 
        the civil service retirement system.--Section 806(a) of such 
        Act (22 U.S.C. 4046(a)), as amended by paragraph (1), is 
        further amended--
                    (A) by redesignating paragraph (7) (as so 
                redesignated by paragraph (1)) as paragraph (8); and
                    (B) by inserting after paragraph (6) (as added by 
                paragraph (1)) the following:
            ``(7) In the case of a special agent who becomes or became 
        subject to subchapter II--
                    ``(A) for purposes of paragraph (6)(B), any service 
                performed by the individual as a special agent (whether 
                under this subchapter or under subchapter II), as a law 
                enforcement officer (within the meaning of section 
                8331(20) or section 8401(17) of title 5, United States 
                Code), or as a member of the Capitol Police shall be 
                creditable; and
                    ``(B) if the individual satisfies paragraph 6(B), 
                the portion of such individual's annuity which is 
                attributable to service under the Foreign Service 
                Retirement and Disability System or the Civil Service 
                Retirement System shall be computed in conformance with 
                paragraph (6).''.
            (3) Technical and conforming amendments.--
                    (A) Paragraph (8) of section 806(a) of such Act (22 
                U.S.C. 4046(a)), as so redesignated by paragraph 
                (2)(A), is amended by striking ``and (4)'' and 
                inserting ``(4), and (6)''.
                    (B) Paragraphs (1) and (3) of section 855(b) of 
                such Act (22 U.S.C. 4071d(b)) are each amended by 
                inserting ``611,'' after ``608,''.

SEC. 3. MANDATORY SEPARATION OF SPECIAL AGENTS.

    The first sentence of section 812(a)(2) of the Foreign Service Act 
of 1980 (22 U.S.C. 4052(a)(2)) is amended to read as follows: 
``Notwithstanding paragraph (1)--
            ``(A) an individual described in section 4(a)(2) of the 
        Department of State Special Agents Retirement Act of 1998 who 
        is otherwise eligible for immediate retirement under this 
        chapter, or
            ``(B) a Foreign Service criminal investigator/inspector of 
        the Office of Inspector General of the Agency for International 
        Development who would have been eligible for retirement 
        pursuant to either section 8336(c) or 8412(d) of title 5, 
        United States Code, as applicable, had the employee remained in 
        civil service,
shall be separated from the Service on the last day of the month in 
which such individual under subparagraph (A) or such Foreign Service 
criminal investigator/inspector under subparagraph (B) attains 57 years 
of age or completes 20 years of service if then over that age.''.

SEC. 4. EFFECTIVE DATE; APPLICABILITY.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act--
            (1) shall take effect on the date of the enactment of this 
        Act; and
            (2) shall apply with respect to--
                    (A) any individual first appointed on or after that 
                date as a special agent who will have any portion of 
                such individual's annuity computed in conformance with 
                section 806(a)(6) of the Foreign Service Act; and
                    (B) any individual making an election under 
                subsection (b), subject to the provisions of such 
                subsection.
    (b) Election for Current Participants.--
            (1) Eligibility.--An election under this subsection may be 
        made by any currently employed participant under chapter 8 of 
        the Foreign Service Act of 1980 who is serving or has served as 
        a special agent, or by a survivor of a special agent who was 
        eligible to make an election under this section.
            (2) Effect of an election.--
                    (A) In general.--If an individual makes an election 
                under this subsection, the amendments made by this Act 
                shall become applicable with respect to such 
                individual, subject to subparagraph (B).
                    (B) Treatment of prior service.--
                            (i) Special contribution.--An individual 
                        may, after making the election under this 
                        subsection, make a special contribution up to 
                        the full amount of the difference between the 
                        contributions actually deducted from pay for 
                        prior service and the deductions that would 
                        have been required if the amendments made by 
                        this Act had then been in effect. Any special 
                        contributions under this clause shall be 
                        computed under regulations based on section 
                        805(d) of the Foreign Service Act of 1980 (as 
                        amended by section 2), including provisions 
                        relating to the computation of interest.
                            (ii) Actuarial reduction.--
                                    (I) Rule if the special 
                                contribution is paid.--If the full 
                                amount of the special contribution 
                                under clause (i) is paid, no reduction 
                                under this clause shall apply.
                                    (II) Rule if less than the entire 
                                amount is paid.--If no special 
                                contribution under clause (i) is paid, 
                                or if less than the entire amount of 
                                such special contribution is paid, the 
                                recomputed annuity shall be reduced by 
                                an amount sufficient to make up the 
                                actuarial present value of the 
                                shortfall.
    (c) Regulations and Notice.--Not later than 6 months after the date 
of the enactment of this Act, the Secretary of State--
            (1) shall promulgate such regulations as may be necessary 
        to carry out this Act; and
            (2) shall take measures reasonably designed to provide 
        notice to participants as to any rights they might have under 
        this Act.
    (d) Election Deadline.--An election under subsection (b) must be 
made not later than 90 days after the date on which the relevant notice 
under subsection (c)(2) is provided.
    (e) Definition.--For purposes of this section, the term ``special 
agent'' has the meaning given such term under section 804(15) of the 
Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as amended by section 
2(a).

            Passed the House of Representatives October 5, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
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