I

107TH CONGRESS

1ST SESSION H. R. 1090

To amend subchapter III of chapter 83 and chapter 84 of title 5, United

States Code, to include assistant United States attorneys within the

definition of a law enforcement officer, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 19, 2001

Mr. TOM DAVIS of Virginia (for himself, Mr. MORAN of Virginia, Mr. WOLF,

and Mrs. MORELLA) introduced the following bill; which was referred to

the Committee on Government Reform

A BILL

To amend subchapter III of chapter 83 and chapter 84

of title 5, United States Code, to include assistant

United States attorneys within the definition of a law

enforcement officer, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Assistant United

5 States Attorneys Retirement Benefit Equity Act of 2001’’.
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1 SEC. 2. INCLUSION OF ASSISTANT UNITED STATES ATTOR2 NEYS IN THE DEFINITION OF A LAW EN3 FORCEMENT OFFICER.

4 (a) CIVIL SERVICE RETIREMENT SYSTEM.—

5 (1) IN GENERAL.—Paragraph (20) of section

6 8331 of title 5, United States Code, is amended by

7 striking ‘‘position.’’ and inserting ‘‘position and an

8 assistant United States attorney.’’.

9 (2) ASSISTANT UNITED STATES ATTORNEY DE10 FINED.—Section 8331 of title 5, United States

11 Code, is amended by striking ‘‘and’’ at the end of

12 paragraph (27), by striking the period at the end of

13 paragraph (28) and inserting ‘‘; and’’, and by add14 ing at the end the following:

15 ‘‘(29) ‘assistant United States attorney’ means

16 an assistant United States attorney under section

17 542 of title 28.’’.

18 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

19 (1) IN GENERAL.—Paragraph (17) of section

20 8401 of title 5, United States Code, is amended by

21 striking ‘‘and’’ at the end of subparagraph (C), by

22 adding ‘‘and’’ after the semicolon at the end of sub23 paragraph (D), and by adding at the end the fol24 lowing:

25 ‘‘(E) an assistant United States attor26 ney;’’.
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1 (2) ASSISTANT UNITED STATES ATTORNEY DE2 FINED.—Section 8401 of title 5, United States

3 Code, is amended by striking ‘‘and’’ at the end of

4 paragraph (33), by striking the period at the end of

5 paragraph (34) and inserting ‘‘; and’’, and by add6 ing at the end the following:

7 ‘‘(35) ‘assistant United States attorney’ means

8 an assistant United States attorney under section

9 542 of title 28.’’.

10 (c) TREATMENT UNDER CERTAIN PROVISIONS OF

11 LAW (UNRELATED TO RETIREMENT) TO REMAIN UN12 CHANGED.—

13 (1) ORIGINAL APPOINTMENTS.—Subsections (d)

14 and (e) of section 3307 of title 5, United States

15 Code, are amended by adding at the end of each the

16 following: ‘‘The preceding sentence shall not apply in

17 the case of an original appointment under section

18 542 of title 28 (relating to assistant United States

19 attorneys).’’.

20 (2) MANDATORY SEPARATION.—Sections

21 8335(b) and 8425(b) of title 5, United States Code,

22 are amended by adding at the end of each the fol23 lowing: ‘‘The preceding provisions of this subsection

24 shall not apply in the case of an assistant United

25 States attorney.’’.
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1 (d) EFFECTIVE DATE.—This Act and the amend2 ments made by this Act shall take effect on the first day

3 of the first applicable pay period beginning after the end

4 of the 90-day period beginning on the date of the enact5 ment of this Act.

6 SEC. 3. PROVISIONS RELATING TO INCUMBENTS.

7 (a) INCUMBENT DEFINED.—For purposes of this sec8 tion, the term ‘‘incumbent’’ means an individual who—

9 (1) is first appointed as an assistant United

10 States attorney before the effective date of this Act;

11 and

12 (2) is serving as an assistant United States at13 torney on the effective date of this Act.

14 (b) NOTICE REQUIREMENT.—By not later than 9

15 months after the date of the enactment of this Act, the

16 Department of Justice shall take measures reasonably de17 signed to provide notice to incumbents as to their election

18 rights under this Act, and the effects of making or not

19 making a timely election under this Act.

20 (c) ELECTION AVAILABLE TO INCUMBENTS.—

21 (1) IN GENERAL.—An incumbent may elect, for

22 all purposes, either—

23 (A) to be treated in accordance with the

24 amendments made by this Act; or
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1 (B) to be treated as if this Act had never

2 been enacted.

3 Failure to make a timely election under this sub4 section shall be treated in the same way as an elec5 tion under subparagraph (A), made on the last day

6 allowable under paragraph (2).

7 (2) DEADLINE.—An election under this sub8 section shall not be effective unless it is made before

9 the 90th day after the date on which the notice

10 under subsection (b) is provided or the date on

11 which the incumbent involved separates from service,

12 whichever is earlier.

13 (d) LIMITED RETROACTIVE EFFECT.—

14 (1) EFFECT ON RETIREMENT.—In the case of

15 an incumbent who elects (or is deemed to have elect16 ed) the option under subsection (c)(1)(A), all service

17 performed by that individual as an assistant United

18 States attorney shall—

19 (A) to the extent performed on or after the

20 effective date of that election, be treated in ac21 cordance with applicable provisions of sub22 chapter III of chapter 83 or chapter 84 of title

23 5, United States Code, as amended by this Act;

24 and
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1 (B) to the extent performed before the ef2 fective date of that election, be treated in ac3 cordance with applicable provisions of sub4 chapter III of chapter 83 or chapter 84 of such

5 title, as if the amendments made by this Act

6 had then been in effect.

7 (2) NO OTHER RETROACTIVE EFFECT.—Noth8 ing in this Act or any amendment made by this Act

9 shall affect any of the terms or conditions of an indi10 vidual’s employment (apart from those governed by

11 subchapter III of chapter 83 or chapter 84 of title

12 5, United States Code) with respect to any period of

13 service preceding the date on which such individual’s

14 election under subsection (c) is made (or is deemed

15 to have been made).

16 (e) MAKEUP CONTRIBUTIONS.—

17 (1) IN GENERAL.—In addition to any other

18 payment that it is required to make under sub19 chapter III of chapter 83 or chapter 84 of title 5,

20 United States Code—

21 (A) the Department of Justice shall remit

22 to the Office of Personnel Management, in such

23 time, form, and manner as the Office may re24 quire, the amount described in paragraph (2);

25 and
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1 (B) any amount so remitted shall be de2 posited in the Treasury of the United States to

3 the credit of the Civil Service Retirement and

4 Disability Fund.

5 (2) AMOUNT TO BE REMITTED.—The amount

6 described in this paragraph is the total amount of

7 additional individual and Government contributions

8 to the Civil Service Retirement and Disability Fund

9 that would have been required (for all incumbents

10 described in subsection (d), for all service performed

11 by them as an assistant United States attorney be12 fore the effective date of their election under sub13 section (c)), if the amendments made by this Act

14 had then been in effect, plus interest.

15 (3) NO INDIVIDUAL LIABILITY.—Nothing in

16 this Act or in subchapter III of chapter 83 or chap17 ter 84 of title 5, United States Code (as amended

18 by this Act) shall be considered to create any indi19 vidual liability for any shortfall in any contributions

20 required to be made up in the manner provided for

21 under this subsection.

22 (f) REGULATIONS.—The Office of Personnel Manage23 ment shall prescribe any regulations necessary to carry out

24 this Act, including provisions under which any interest due
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1 on the amount described in subsection (e) shall be deter2 mined.

3 (g) DEFINITION.—For purposes of this section, the

4 term ‘‘assistant United States attorney’’ means an assist5 ant United States attorney under section 542 of title 28,

6 United States Code.

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