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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.
(a) EXPANSION OF DEFINITION OF A LAW ENFORCE-
MENT OFFICER.—Paragraph (20) of section 8331 of title
5, United States Code, is amended by striking ‘‘position.’’
and inserting ‘‘position, a revenue officer, a customs in-
‘‘(A) enforce laws and regulations gov-
erning the importing and exporting of merchan-
dise;
‘‘(B) process and control passengers and
baggage;
‘‘(C) interdict smuggled merchandise and
contraband; and
‘‘(D) apprehend (if warranted) persons in-
volved in violations of customs laws,
including an employee engaged in this activity who
is transferred to a supervisory or administrative po-
sition;
‘‘(30) ‘customs canine enforcement officer’
means an employee of the United States Customs
Service, the duties of whose position are primarily to
work directly with a dog in an effort to—
‘‘(A) enforce laws and regulations gov-
erning the importing and exporting of merchan-
dise;
‘‘(B) process and control passengers and
baggage;
‘‘(C) interdict smuggled merchandise and
contraband; and
‘‘(D) apprehend (if warranted) persons in-
volved in violations of customs laws,
including an employee engaged in this activity who
is transferred to a supervisory or administrative po-
sition;
‘‘(31) ‘Immigration and Naturalization inspec-
tor’ means an employee of the Immigration and Nat-
uralization Service, the duties of whose position are
primarily the controlling and guarding of the bound-
aries and borders of the United States against the
illegal entry of aliens, including an employee en-
gaged in this activity who is transferred to a super-
visory or administrative position;
‘‘(32) ‘Department of Defense police officer’
means an employee of the Department of Defense,
the duties of whose position are primarily to oversee
enforcement of Federal, State, county, and munic-
ipal statutes, laws, and ordinances, and rules and
regulations of the Department of the Navy, Army,
and Air Force pertaining to law enforcement on
United States military bases, including an employee
engaged in this activity who is transferred to a su-
pervisory or administrative position;
‘‘(33) ‘Department of Defense Command Inves-
tigations Division detective’ means an employee of
the Department of Defense, the duties of whose po-
sition are primarily to maintain investigative and
counterintelligence jurisdiction to prepare for an evi-
dentiary foundation for military command action for
crimes committed on military property by military
or civilian personnel, including an employee engaged
in this activity who is transferred to a supervisory
or administrative position;
‘‘(34) ‘Bureau of Engraving and Printing offi-
cer’ means an employee of the Bureau of Engraving
and Printing, the duties of whose position are pri-
marily to provide specialized protection to the Bu-
reau of Engraving and Printing and to enforce Fed-
eral laws, Department of the Treasury rules and
regulations, and local ordinances by investigating
criminal activity for offenses against the United
States, including an employee engaged in this activ-
ity who is transferred to a supervisory or adminis-
trative position;
‘‘(35) ‘postal police officer’ means an employee
of the United States Postal Service, the duties of
whose position are primarily to provide specialized
protection for the United States Postal Service and
persons and property related to its function as au-
thorized under section 1 of the Act of June 1, 1948
(popularly known as the ‘Protection of Public Prop-
erty Act’) and other laws, including an employee en-
gaged in this activity who is transferred to a super-
visory or administrative position;
‘‘(36) ‘Secret Service special officer’ means an
employee of the United States Secret Service, the
duties of whose position are primarily to provide a
wide range of security and protection support func-
tions within the United States Secret Service (such
as maintaining designed security posts; travel in
support of the President, Vice President, and foreign
heads of state; and providing protective support for
major Presidential and Vice Presidential candidates,
former Presidents, and First Ladies), including an
employee engaged in this activity who is transferred
to a supervisory or administrative position;
‘‘(37) ‘Drug Enforcement Administration diver-
sion investigator’ means an employee of the Drug
Enforcement Administration, the duties of whose po-
sition are primarily to investigate violations of the
criminal drug laws of the United States by drug
manufacturers and distributors, doctors, and phar-
macists, and to seek Federal prosecution of violators
from United States Attorneys, including an em-
ployee engaged in this activity who is transferred to
a supervisory or administrative position;
‘‘(38) ‘United States Customs Operation En-
forcement Officer’ means an employee of the United
States Customs Service, the duties of whose position
primarily involve internal affairs of the United
States Customs Service and the prevention of cor-
ruption by utilizing investigations techniques and
knowledge of inspectional procedures and processes,
as well as intelligence research work in enforcing
federal laws, particularly in the areas of drug inter-
diction and fraud within the United States Customs
Service, including an employee engaged in this activ-
ity who is transferred to a supervisory or adminis-
trative position; and
‘‘(39) ‘United States Customs Detection System
Specialist Airborne and Flight Engineer’ means an
employee of United States Customs Service, the du-
ties of whose position are primarily the detection,
tracking, and assisting in the apprehension of per-
sons suspected or known to be smuggling drugs or
contraband into the United States, including an em-
ployee engaged in this activity who is transferred to
a supervisory or administrative position.’’.
SEC. 2. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.
(a) EXPANSION OF DEFINITION OF A LAW ENFORCE-
MENT OFFICER.—Paragraph (17) of section 8401 of title
5, United States Code, is amended by striking ‘‘and’’ at
the end of subparagraph (C), and by adding at the end
the following:
‘‘(E) a revenue officer;
‘‘(F) a customs inspector;
‘‘(G) a customs canine enforcement officer;
‘‘(H) an Immigration and Naturalization
inspector;
‘‘(I) a Department of Defense police offi-
cer;
‘‘(J) a Department of Defense Command
Investigations Division detective;
‘‘(K) a Bureau of Engraving and Printing
officer;
‘‘(L) a postal police officer;
‘‘(M) a Secret Service special officer;
‘‘(N) a Drug Enforcement Administration
diversion investigator;
‘‘(O) a United States Customs Operation
Enforcement Officer; and
‘‘(P) a United States Customs Detection
System Specialist Airborne and Flight Engi-
neer;’’.
(b) ADDITIONAL
CLASSES
OF
POSITIONS
DE-
FINED.—Section 8401 of title 5, United States Code, is
eral laws, Department of the Treasury rules and
regulations, and local ordinances by investigating
criminal activity for offenses against the United
States, including an employee engaged in this activ-
ity who is transferred to a supervisory or adminis-
trative position;
‘‘(41) ‘postal police officer’ means an employee
of the United States Postal Service, the duties of
whose position are primarily to provide specialized
protection for the United States Postal Service and
persons and property related to its function as au-
thorized under section 1 of the Act of June 1, 1948
(popularly known as the ‘Protection of Public Prop-
erty Act’) and other laws, including an employee en-
gaged in this activity who is transferred to a super-
visory or administrative position;
‘‘(42) ‘Secret Service special officer’ means an
employee of the United States Secret Service, the
duties of whose position are primarily to provide a
wide range of security and protection support func-
tions within the United States Secret Service (such
as maintaining designed security posts; travel in
support of the President, Vice President, and foreign
heads of state; and providing protective support for
major Presidential and Vice Presidential candidates,
former Presidents, and First Ladies), including an
employee engaged in this activity who is transferred
to a supervisory or administrative position;
‘‘(43) ‘Drug Enforcement Administration diver-
sion investigator’ means an employee of the Drug
Enforcement Administration, the duties of whose po-
sition are primarily to investigate violations of the
criminal drug laws of the United States by drug
manufacturers and distributors, doctors, and phar-
macists, and to seek Federal prosecution of violators
from United States Attorneys, including an em-
ployee engaged in this activity who is transferred to
a supervisory or administrative position;
‘‘(44) ‘United States Customs Operation En-
forcement Officer’ means an employee of the United
States Customs Service, the duties of whose position
primarily involve internal affairs of the United
States Customs Service and the prevention of cor-
ruption by utilizing investigations techniques and
knowledge of inspectional procedures and processes,
as well as intelligence research work in enforcing
federal laws, particularly in the areas of drug inter-
diction and fraud within the United States Customs
Service, including an employee engaged in this activ-
ity who is transferred to a supervisory or adminis-
trative position; and
‘‘(45) ‘United States Customs Detection System
Specialist Airborne and Flight Engineer’ means an
employee of United States Customs Service, the du-
ties of whose position are primarily the detection,
tracking, and assisting in the apprehension of per-
sons suspected or known to be smuggling drugs or
contraband into the United States, including an em-
ployee engaged in this activity who is transferred to
a supervisory or administrative position.’’.
SEC. 3. EFFECTIVE DATE; RELATED PROVISIONS.
(a) IN GENERAL.—The amendments made by this
Act shall apply only in the case of individuals becoming
entitled to an annuity based on a separation from Govern-
ment service occurring on or after the date of enactment
of this Act.
(b) EMPLOYEE CONTRIBUTIONS.—The amendments
made by this Act shall not apply with respect to any period
of service preceding the date of enactment of this Act un-
less the employee involved (or, if applicable, an appro-
priate survivor) pays into the Civil Service Retirement and
Disability Fund, in such time and manner as the Office
of Personnel Management shall prescribe, an amount
equal to the total additional amounts which should have
been deducted and withheld from pay (in excess of
amounts actually deducted and not refunded) under chap-
ter 83 or 84 of title 5, United States Code, as the case
may be, if such amendments had then been in effect, with
interest.
(c) AGENCY CONTRIBUTIONS.—Not later than 90
days after the date on which the payment under sub-
section (b) is made by an individual, the appropriate agen-
cy shall pay into the Civil Service Retirement and Dis-
ability Fund any additional amounts (as determined by
the Office of Personnel Management) which should have
been paid by that agency into the Fund, under applicable
provisions of chapter 83 or 84 of title 5, United States
Code (as the case may be), with interest, if the amend-
ments made by this Act had been in effect during the prior
periods of service involved.
(d) REGULATIONS.—The Office of Personnel Man-
agement shall prescribe any regulations necessary to carry
out this Act. Such regulations shall include provisions,
consistent with section 8334(e) of title 5, United States
Code, for the computation of interest.
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