H.R. 1124 (104^th): To amend chapters 83 and 84 of title 5, United States Code, to provide that, for civil service retirement purposes, inspectors of the Immigration and Naturalization Service, inspectors and canine enforcement officers of the United States Customs Service, and revenue officers of the Internal Revenue Service shall be treated in the same way as law enforcement officers.

HR 1124 IH

104th CONGRESS

1st Session

H. R. 1124

To amend chapters 83 and 84 of title 5, United States Code, to provide that, for civil service retirement purposes, inspectors of the Immigration and Naturalization Service, inspectors and canine enforcement officers of the United States Customs Service, and revenue officers of the Internal Revenue Service shall be treated in the same way as law enforcement officers.

IN THE HOUSE OF REPRESENTATIVES

MARCH 3, 1995

Mr. COLEMAN introduced the following bill; which was referred to the Committee on Government Reform and Oversight

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A BILL

To amend chapters 83 and 84 of title 5, United States Code, to provide that, for civil service retirement purposes, inspectors of the Immigration and Naturalization Service, inspectors and canine enforcement officers of the United States Customs Service, and revenue officers of the Internal Revenue Service shall be treated in the same way as law enforcement officers.

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

SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.

(a) TREATMENT AS LAW ENFORCEMENT OFFICERS- Section 8331(20) of title 5, United States Code, is amended by striking ‘administrative position.’ and inserting ‘administrative position, and any revenue officer, customs inspector, customs canine enforcement officer, and Immigration and Naturalization inspector.’.

(b) DEFINITIONS- Section 8331 of title 5, United States Code, is amended--

(1) by striking ‘and’ at the end of paragraph (25);

(2) by striking the period at the end of paragraph (26) and inserting a semicolon; and

(3) by adding at the end the following:

‘(27) ‘revenue officer’ means an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns, including an employee engaged in this activity who is transferred to a supervisory or administrative position;

‘(28) ‘customs inspector’ means an employee of the United States Customs Service, the duties of whose position are primarily to--

‘(A) enforce laws and regulations governing the importing and exporting of merchandise;

‘(B) process and control passengers and baggage;

‘(C) interdict smuggled merchandise and contraband; and

‘(D) apprehend (if warranted) persons involved in violations of customs laws,

including an employee engaged in this activity who is transferred to a supervisory or administrative position;

‘(29) ‘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 governing the importing and exporting of merchandise;

‘(B) process and control passengers and baggage;

‘(C) interdict smuggled merchandise and contraband; and

‘(D) apprehend (if warranted) persons involved in violations of customs laws,

including an employee engaged in this activity who is transferred to a supervisory or administrative position; and

‘(30) ‘Immigration and Naturalization inspector’ means an employee of the Immigration and Naturalization Service, the duties of whose position are primarily the controlling and guarding of the boundaries and borders of the United States against the illegal entry of aliens, including an employee engaged in this activity who is transferred to a supervisory or administrative position.’.

SEC. 2. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.

(a) TREATMENT AS LAW ENFORCEMENT OFFICERS- Section 8401(17) of title 5, United States Code, is amended by adding at the end the following: ‘such term includes any revenue officer, customs inspector, customs canine enforcement officer, and Immigration and Naturalization inspector;’.

(b) DEFINITIONS- Section 8401 of title 5, United States Code, is amended--

(1) by striking ‘and’ at the end of paragraph (31);

(2) by striking the period at the end of paragraph (32) and inserting a semicolon; and

(3) by adding at the end the following:

‘(33) ‘revenue officer’ means an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns, including an employee engaged in this activity who is

transferred to a supervisory or administrative position;

‘(34) ‘customs inspector’ means an employee of the United States Customs Service, the duties of whose position are primarily to--

‘(A) enforce laws and regulations governing the importing and exporting of merchandise;

‘(B) process and control passengers and baggage;

‘(C) interdict smuggled merchandise and contraband; and

‘(D) apprehend (if warranted) persons involved in violations of customs laws,

including an employee engaged in this activity who is transferred to a supervisory or administrative position;

‘(35) ‘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 governing the importing and exporting of merchandise;

‘(B) process and control passengers and baggage;

‘(C) interdict smuggled merchandise and contraband; and

‘(D) apprehend (if warranted) persons involved in violations of customs laws,

including an employee engaged in this activity who is transferred to a supervisory or administrative position; and

‘(36) ‘Immigration and Naturalization inspector’ means an employee of the Immigration and Naturalization Service, the duties of whose position are primarily the controlling and guarding of the boundaries and borders of the United States against the illegal entry of aliens, including an employee engaged in this activity who is transferred to a supervisory or administrative position.’.

SEC. 3. EFFECTIVE DATE; PRIOR SERVICE.

(a) EFFECTIVE DATE- Except as otherwise provided in this section, this Act and the amendments made by this Act--

(1) shall take effect on the 90th day after the date of the enactment of this Act; and

(2) shall apply with respect to an individual only if such individual serves as a revenue officer, customs inspector, customs canine enforcement officer, or Immigration and Naturalization inspector on or after the effective date of this Act.

(b) PRIOR SERVICE-

(1) EMPLOYEE CONTRIBUTIONS- In administering chapter 83 or 84 of title 5, United States Code, with respect to an individual who satisfies subsection (a)(2), the amendments made by this Act shall be disregarded for purposes of any service performed before the effective date of this Act as a revenue officer, customs inspector, customs canine enforcement officer, or Immigration and Naturalization inspector, unless such individual deposits into the Fund, within such time and in such manner as the Office of Personnel Management by regulation requires, an amount equal to the amount by which--

(A) the deductions from pay which would have been required for such service had such amendments then been in effect; exceeds

(B) the amounts actually deducted from such pay (less any amounts refunded and not repaid),

with interest.

(2) AGENCY CONTRIBUTIONS- Not later than 90 days after the full amount required under paragraph (1) has been paid by an individual, the agency that employed such individual during the period of service to which such amount relates shall pay into the Fund, with interest, an amount equal to the amount by which--

(A) the Government contributions which would have been required for such service, had such amendments then been in effect; exceeds

(B) the Government contributions actually made for such service.

(c) REGULATIONS- The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this Act, including regulations for determining the amount of any interest to be paid under this section.

(d) DEFINITIONS- For the purpose of this section--

(1) each of the terms ‘revenue officer’, ‘customs inspector’, ‘customs canine enforcement officer’, and ‘Immigration and Naturalization inspector’ has the meaning given it by section 8331 or 8401 (as the case may be) of title 5, United States Code, as amended by this Act; and

(2) the term ‘Fund’ means the Civil Service Retirement and Disability Fund under section 8348 of title 5, United States Code.

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