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.
Be it enacted by the Senate and House of Representa-
tives 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 McNa-
mara, Jr. (both of Waco, Texas) shall each be entitled—
(1) to competitive status;
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(2) to have such individual’s appointment con-
verted 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 be-
come effective; and
(2) such individual remains continuously em-
ployed 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 applica-
tion is approved.
(c) APPROVAL.—An application submitted under this
section shall be approved if the requirements of para-
graphs (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.
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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 provi-
sions 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 Per-
sonnel 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, pursu-
ant to subsection (a), the individual concerned shall
be allowed credit under such provisions for any serv-
ice such individual performed, before so becoming
subject to such provisions, as an Intermittent Dep-
uty United States Marshal.
(2) CERTIFICATION.—The Office shall, with re-
spect 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 em-
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ployed 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 sec-
tion 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 individ-
ual 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 pro-
visions concerning to whom any such application shall be
submitted for approval.
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