I 
108TH CONGRESS 
1ST SESSION H. R. 2260
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 
MAY 22, 2003
Ms. ROS-LEHTINEN (for herself, Mr. BOUCHER, Ms. CORRINE BROWN of 
Florida, Mr. CONYERS, Mr. LINCOLN DIAZ-BALART of Florida, Mrs. 
JONES of Ohio, Mr. LATOURETTE, Mr. LYNCH, Mr. MATHESON, Mr. 
MEEK of Florida, Mrs. NAPOLITANO, Mr. POMEROY, Mr. SESSIONS, Mr. 
WELLER, Mr. WEXLER, and Ms. WOOLSEY) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Assistant United 
States Attorneys Retirement Benefit Equity Act of 2003’’.
SEC. 2. INCLUSION OF ASSISTANT UNITED STATES ATTOR-
NEYS IN THE DEFINITION OF A LAW EN-
FORCEMENT OFFICER. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—
(1) IN GENERAL.—Paragraph (20) of section 
8331 of title 5, United States Code, is amended by 
striking ‘‘position.’’ and inserting ‘‘position and an 
assistant United States attorney.’’. 
(2) ASSISTANT UNITED STATES ATTORNEY DE-
FINED.—Section 8331 of title 5, United States 
Code, is amended by striking ‘‘and’’ at the end of 
paragraph (27), by striking the period at the end of 
paragraph (28) and inserting ‘‘; and’’, and by add-
ing at the end the following: 
‘‘(29) ‘assistant United States attorney’ means 
an assistant United States attorney under section 
542 of title 28.’’. 
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
(1) IN GENERAL.—Paragraph (17) of section 
8401 of title 5, United States Code, is amended by 
striking ‘‘and’’ at the end of subparagraph (C), by 
adding ‘‘and’’ after the semicolon at the end of sub-
paragraph (D), and by adding at the end the fol-
lowing: 
‘‘(E) an assistant United States attor-
ney;’’.
(2) ASSISTANT UNITED STATES ATTORNEY DE-
FINED.—Section 8401 of title 5, United States 
Code, is amended by striking ‘‘and’’ at the end of 
paragraph (33), by striking the period at the end of 
paragraph (34) and inserting ‘‘; and’’, and by add-
ing at the end the following: 
‘‘(35) ‘assistant United States attorney’ means 
an assistant United States attorney under section 
542 of title 28.’’. 
(c) TREATMENT UNDER CERTAIN PROVISIONS OF 
LAW TO REMAIN UNCHANGED.—
(1) ORIGINAL APPOINTMENTS.—Subsections (d) 
and (e) of section 3307 of title 5, United States 
Code, are amended by adding at the end of each the 
following: ‘‘The preceding sentence shall not apply in 
the case of an original appointment under section 
542 of title 28 (relating to assistant United States 
attorneys).’’. 
(2) 
MANDATORY
SEPARATION.—Sections 
8335(b) and 8425(b) of title 5, United States Code, 
are amended by adding at the end of each the fol-
lowing: ‘‘The preceding provisions of this subsection 
shall not apply in the case of an assistant United 
States attorney.’’.
tion under subparagraph (A), made on the last day 
allowable under paragraph (2). 
(2) DEADLINE.—An election under this sub-
section shall not be effective unless it is made before 
the 90th day after the date on which the notice 
under subsection (b) is provided or the date on 
which the incumbent involved separates from service, 
whichever is earlier. 
(d) LIMITED RETROACTIVE EFFECT.—
(1) EFFECT ON RETIREMENT.—In the case of 
an incumbent who elects (or is deemed to have elect-
ed) the option under subsection (c)(1)(A), all service 
performed by that individual as an assistant United 
States attorney shall—
(A) to the extent performed on or after the 
effective date of that election, be treated in ac-
cordance with applicable provisions of sub-
chapter III of chapter 83 or chapter 84 of title 
5, United States Code, as amended by this Act; 
and 
(B) to the extent performed before the ef-
fective date of that election, be treated in ac-
cordance with applicable provisions of sub-
chapter III of chapter 83 or chapter 84 of such
title, as if the amendments made by this Act 
had then been in effect. 
(2) NO OTHER RETROACTIVE EFFECT.—Noth-
ing in this Act or any amendment made by this Act 
shall affect any of the terms or conditions of an indi-
vidual’s employment (apart from those governed by 
subchapter III of chapter 83 or chapter 84 of title 
5, United States Code) with respect to any period of 
service preceding the date on which such individual’s 
election under subsection (c) is made (or is deemed 
to have been made). 
(e) MAKEUP CONTRIBUTIONS.—
(1) IN
GENERAL.—In addition to any other 
payment that it is required to make under sub-
chapter III of chapter 83 or chapter 84 of title 5, 
United States Code—
(A) the Department of Justice shall remit 
to the Office of Personnel Management the 
amount described in paragraph (2)—
(i) in 30 equal annual installments, 
with the first payment thereof due by the 
end of the fiscal year in which the amend-
ments made by this Act take effect; and 
(ii) in such form and manner as the 
Office may require; and
(B) any amount so remitted shall be de-
posited in the Treasury of the United States to 
the credit of the Civil Service Retirement and 
Disability Fund. 
(2) AMOUNT TO BE REMITTED.—The amount 
described in this paragraph is the total amount of 
additional individual and Government contributions 
to the Civil Service Retirement and Disability Fund 
that would have been required (for all incumbents 
described in subsection (d), for all service performed 
by them as an assistant United States attorney be-
fore the effective date of their election under sub-
section (c)), if the amendments made by this Act 
had then been in effect, plus interest. 
(3) NO
INDIVIDUAL
LIABILITY.—Nothing in 
this Act or in subchapter III of chapter 83 or chap-
ter 84 of title 5, United States Code (as amended 
by this Act) shall be considered to create any indi-
vidual liability for any shortfall in any contributions 
required to be made up in the manner provided for 
under this subsection. 
(f) REGULATIONS.—The Office of Personnel Manage-
ment shall prescribe any regulations necessary to carry out 
this Act, including provisions under which any interest due
on the amount described in subsection (e) shall be deter-
mined. 
(g) DEFINITION.—For purposes of this section, the 
term ‘‘assistant United States attorney’’ means an assist-
ant United States attorney under section 542 of title 28, 
United States Code.
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