I 
109TH CONGRESS 
1ST SESSION H. R. 3183
To amend title 5, United States Code, to provide to assistant United States 
attorneys the same retirement benefits as are afforded to Federal law 
enforcement officers. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005
Ms. ROS-LEHTINEN (for herself, Mr. DAVIS of Florida, Mrs. MALONEY, Mr. 
MARIO DIAZ-BALART of Florida, Mr. BISHOP of Georgia, Mr. GONZALEZ, 
Mr. HASTINGS of Florida, Mr. PLATTS, Mr. GORDON, Mr. WEINER, Mr. 
LANTOS, Mr. CASE, Mr. MEEK of Florida, Ms. LEE, Mr. TIERNEY, Mr. 
MCDERMOTT, Mr. LINCOLN DIAZ-BALART of Florida, Mr. SCHIFF, Mr. 
SANDERS, Mr. CANNON, Mr. REYES, Mrs. MCCARTHY, Mr. JEFFERSON, 
Mr. BROWN of Ohio, Mr. FOLEY, Ms. WOOLSEY, Ms. NORTON, Mr. 
MENENDEZ, Mr. FRANK of Massachusetts, Mr. UDALL of Colorado, Mr. 
LAHOOD, Mr. MCGOVERN, Mr. SHAYS, and Mr. ISRAEL) introduced the 
following bill; which was referred to the Committee on Government Re-
form 
A BILL 
To amend title 5, United States Code, to provide to assistant 
United States attorneys the same retirement benefits 
as are afforded to Federal law enforcement officers.
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 Attorney Retirement Benefit Equity Act of 2005’’.
SEC. 2. RETIREMENT TREATMENT OF ASSISTANT UNITED 
STATES ATTORNEYS. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—
(1) ASSISTANT UNITED STATES ATTORNEY DE-
FINED.—Section 8331 of title 5, United States 
Code, is amended—
(A) in paragraph (28), by striking ‘‘and’’ 
at the end; 
(B) in the first paragraph (29), by striking 
the period and inserting a semicolon; 
(C) in the second paragraph (29)—
(i) by striking ‘‘(29)’’ and inserting 
‘‘(30)’’; and 
(ii) by striking the period and insert-
ing ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(31) 
‘assistant 
United 
States 
attorney’ 
means—
‘‘(A) an assistant United States attorney 
under section 542 of title 28; and 
‘‘(B) any other attorney employed by the 
Department of Justice occupying a position des-
ignated by the Attorney General upon finding 
that the position—
‘‘(i) involves routine employee respon-
sibilities that are substantially similar to
those of assistant United States attorneys; 
and 
‘‘(ii) is critical to the Department’s 
successful accomplishment of an important 
mission.’’. 
(2) RETIREMENT TREATMENT.—Chapter 83 of 
title 5, United States Code, is amended by adding 
after section 8351 the following: 
‘‘§ 8352. Assistant United States attorneys 
‘‘Except as provided under the Assistant United 
States Attorneys Retirement Benefit Equity Act of 2005 
(including the provisions relating to the non-applicability 
of mandatory separation requirements under section 
8335(b) and 8425(b) of this title), an assistant United 
States attorney shall be treated in the same manner and 
to the same extent as a law enforcement officer for pur-
poses of this chapter.’’. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—(A) The table of sections for chapter 83 of 
title 5, United States Code, is amended by inserting 
after the item relating to section 8351 the following:
‘‘8352. Assistant United States attorneys.’’.’’
(B) Section 8335(a) of such title is amended by 
striking 
‘‘8331(29)(A)’’ 
and 
inserting 
‘‘8331(30)(A)’’. 
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
(1) ASSISTANT UNITED STATES ATTORNEY DE-
FINED.—Section 8401 of title 5, United States 
Code, is amended—
(A) in paragraph (34), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (35), by striking the pe-
riod and inserting ‘‘; and’’ ; and 
(C) by adding at the end the following: 
‘‘(36) 
‘assistant 
United 
States 
attorney’ 
means—
‘‘(A) an assistant United States attorney 
under section 542 of title 28; and 
‘‘(B) any other attorney employed by the 
Department of Justice occupying a position des-
ignated by the Attorney General upon finding 
that the position—
‘‘(i) involves routine employee respon-
sibilities that are substantially similar to 
those of assistant United States attorneys; 
and 
‘‘(ii) is critical to the Department’s 
successful accomplishment of an important 
mission.’’.
(2) RETIREMENT TREATMENT.—Section 8402 
of title 5, United States Code, is amended by adding 
at the end the following: 
‘‘(h) Except as provided under the Assistant United 
States Attorneys Retirement Benefit Equity Act of 2005 
(including the provisions relating to the non-applicability 
of mandatory separation requirements under section 
8335(b) and 8425(b) of this title), an assistant United 
States attorney shall be treated in the same manner and 
to the same extent as a law enforcement officer for pur-
poses of this chapter.’’. 
(c) MANDATORY
SEPARATION.—Sections 8335(b) 
and 8425(b) of title 5, United States Code, are amended 
by adding at the end the following: ‘‘The preceding provi-
sions of this subsection shall not apply in the case of an 
assistant United States attorney as defined under section 
8331(31) or 8401(36).’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
applicable pay period beginning on or after 120 days after 
the date of enactment of this Act. 
SEC. 3. PROVISIONS RELATING TO INCUMBENTS. 
(a) DEFINITIONS.—In this section—
(1) the term ‘‘assistant United States attorney’’ 
means—
(A) an assistant United States attorney 
under section 542 of title 28, United States 
Code; and 
(B) any other attorney employed by the 
Department of Justice occupying a position des-
ignated by the Attorney General upon finding 
that the position—
(i) involves routine employee respon-
sibilities that are substantially similar to 
those of assistant United States attorneys; 
and 
(ii) is critical to the Department’s 
successful accomplishment of an important 
mission; and 
(2) the term ‘‘incumbent’’ means an individual 
who is serving as an assistant United States attor-
ney on the effective date of this section. 
(b) DESIGNATED ATTORNEYS.—If the Attorney Gen-
eral makes any designation of an attorney to meet the def-
inition under subsection (a)(1)(B) for purposes of being 
an incumbent under this section—
(1) such designation shall be made before the 
effective date of this section; and
(2) the Attorney General shall submit to the 
Office of Personnel Management before that effec-
tive date—
(A) the name of the individual designated; 
and 
(B) the period of service performed by that 
individual as an assistant United States attor-
ney before that effective date. 
(c) NOTICE
REQUIREMENT.—Not later than 9 
months after the date of enactment of this Act, the De-
partment of Justice shall take measures reasonably de-
signed to provide notice to incumbents on—
(1) their election rights under this Act; and 
(2) the effects of making or not making a time-
ly election under this Act. 
(d) ELECTION AVAILABLE TO INCUMBENTS.—
(1) IN GENERAL.—An incumbent may elect, for 
all purposes, to be treated—
(A) in accordance with the amendments 
made by this Act; or 
(B) as if this Act had never been enacted. 
(2) FAILURE TO ELECT.—Failure to make a 
timely election under this subsection shall be treated 
in the same way as an election under paragraph
(1)(A), made on the last day allowable under para-
graph (3). 
(3) TIME LIMITATION.—An election under this 
subsection shall not be effective unless the election 
is made not later than the earlier of—
(A) 120 days after the date on which the 
notice under subsection (c) is provided; or 
(B) the date on which the incumbent in-
volved separates from service. 
(e) 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 (d)(1)(A), all service 
performed by that individual as an assistant United 
States attorney and, with respect to (B) below, in-
cluding any service performed by such individual 
pursuant to an appointment under sections 515, 
541, 543, and 546 of title 28, United States Code, 
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 (including the amendments made by 
this Act) shall affect any of the terms or conditions 
of an individual’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 (d) is 
made (or is deemed to have been made). 
(f) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV-
ICE.—
(1) IN GENERAL.—An individual who makes an 
election under subsection (d)(1)(A) shall, with re-
spect to prior service performed by such individual, 
deposit, with interest, to the Civil Service Retire-
ment and Disability Fund the difference between the 
individual contributions that were actually made for 
such service and the individual contributions that 
would have been made for such service if the amend-
ments made by section 2 of this Act had then been 
in effect. 
(2) EFFECT
OF
NOT
CONTRIBUTING.—If the 
deposit required under paragraph (1) is not paid, all 
prior service of the incumbent shall remain fully 
creditable as law enforcement officer service, but the 
resulting annuity shall be reduced in a manner simi-
lar to that described in section 8334(d)(2)(B) of 
title 5, United States Code. This paragraph shall not 
apply in the case of a disability annuity. 
(3) PRIOR SERVICE DEFINED.—For purposes of 
this section, the term ‘‘prior service’’ means, with re-
spect to any individual who makes an election (or is 
deemed to have made an election) under subsection 
(d)(1)(A), all service performed as an assistant 
United States attorney, but not exceeding 20 years, 
performed by such individual before the date as of 
which applicable retirement deductions begin to be 
made in accordance with such election. 
(g) REGULATIONS.—Except as provided under sec-
tion 4, the Office of Personnel Management shall prescribe 
regulations necessary to carry out this Act, including pro-
visions under which any interest due on the amount de-
scribed under subsection (e) shall be determined.
(h) EFFECTIVE DATE.—This section shall take effect 
120 days after the date of enactment of this Act. 
SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE AC-
TIONS. 
(a) DEFINITION.—In this section, the term ‘‘assist-
ant United States attorney’’ has the meaning given such 
term under section 3(a)(1). 
(b) REGULATIONS.—
(1) IN
GENERAL.—Not later than 120 days 
after the date of enactment of this Act, the Attorney 
General, in consultation with the Office of Personnel 
Management, shall promulgate regulations for mak-
ing designations of attorneys who are not assistant 
United States attorneys. 
(2) CONTENTS.—Any regulations promulgated 
under paragraph (1) shall ensure that attorneys des-
ignated as assistant United States attorneys who are 
not assistant United States attorneys have routine 
employee responsibilities that are substantially simi-
lar to those of assistant United States attorneys. 
(3) DESIGNATIONS.—The designation of any 
attorney who is not an assistant United States attor-
ney for purposes of this Act (including the amend-