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Union Calendar No. 433
105th CONGRESS
2d Session
H. R. 633
[Report No. 105-755, Part I]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 1997
Mr. Davis of Virginia introduced the following bill; which was referred
to the Committee on International Relations, and in addition to the
Committee on Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
September 28, 1998
Reported from the Committtee on International Relations with an
amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
September 28, 1998
Referral to the Committee on Government Reform and Oversight extended
for a period ending not later than September 28, 1998
September 28, 1998
Additional sponsors: Mr. Moran of Virginia, Mr. Evans, Mr. McGovern,
Mr. Berman, Mr. Horn, Mr. Ackerman, Mr. Kanjorski, Mr. Clement, Mr.
Bryant, Mrs. Morella, Mr. Hoyer, Mr. Wolf, Mr. Hall of Texas, Mr.
Markey, Mr. Bateman, Mr. Kucinich, Mr. Cardin, Mr. Hinchey, Mr.
Traficant, Mr. Lantos, Mr. Nethercutt, Mr. Wise, Mr. Houghton, Mr.
Ehrlich, Mr. Delahunt, and Mr. Sherman
September 28, 1998
Committee on Government Reform and Oversight discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed
[For text of introduced bill, see copy of bill as introduced on
February 6, 1997]
_______________________________________________________________________
A BILL
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 those who exercised election rights
under section 860.--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)(A)) 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 pursuant to an election under section 860--
``(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) shall be creditable;
and
``(B) if the individual satisfies paragraph (6)(B), the
portion of such individual's annuity which is attributable to
service preceding the effective date of such election 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)(B) 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; 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).
Union Calendar No. 433
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