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.
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 2001’’.
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 (UNRELATED TO RETIREMENT) TO REMAIN UN-
CHANGED.—
(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.’’.
(d) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall take effect on the first day
of the first applicable pay period beginning after the end
of the 90-day period beginning on the date of the enact-
ment of this Act.
SEC. 3. PROVISIONS RELATING TO INCUMBENTS.
(a) INCUMBENT DEFINED.—For purposes of this sec-
tion, the term ‘‘incumbent’’ means an individual who—
(1) is first appointed as an assistant United
States attorney before the effective date of this Act;
and
(2) is serving as an assistant United States at-
torney on the effective date of this Act.
(b) NOTICE REQUIREMENT.—By not later than 9
months after the date of the enactment of this Act, the
Department of Justice shall take measures reasonably de-
signed to provide notice to incumbents as to their election
rights under this Act, and the effects of making or not
making a timely election under this Act.
(c) ELECTION AVAILABLE TO INCUMBENTS.—
(1) IN GENERAL.—An incumbent may elect, for
all purposes, either—
(A) to be treated in accordance with the
amendments made by this Act; or
(B) to be treated as if this Act had never
been enacted.
Failure to make a timely election under this sub-
section shall be treated in the same way as an elec-
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, in such
time, form, and manner as the Office may re-
quire, the amount described in paragraph (2);
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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