I
105TH CONGRESS
2D SESSION
H. R. 4201
To provide that the provisions of subchapter III of chapter 83 and chapter
84 of title 5, United States Code, that apply with respect to law enforce-
ment officers be made applicable with respect to Assistant United States
Attorneys.
IN THE HOUSE OF REPRESENTATIVES
JULY 14, 1998
Mr. DAVIS of Virginia introduced the following bill; which was referred to the
Committee on Government Reform and Oversight
A BILL
To provide that the provisions of subchapter III of chapter
83 and chapter 84 of title 5, United States Code, that
apply with respect to law enforcement officers be made
applicable with respect to Assistant United States Attor-
neys.
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 1998’’.
SEC. 2. TREATMENT OF ASSISTANT UNITED STATES ATTOR-
NEYS.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—
(1) INCLUSION IN DEFINITION OF A LAW EN-
FORCEMENT OFFICER.—Paragraph (20) of section
8331 of title 5, United States Code, is amended by
adding at the end the following: ‘‘such term includes
an Assistant United States Attorney;’’.
(2) DEFINITION
OF
AN
ASSISTANT
UNITED
STATES ATTORNEY.—Section 8331 of title 5, United
States Code, is amended by striking ‘‘and’’ at the
end of paragraph (25), by striking the period at the
end of paragraph (26) and inserting ‘‘; and’’, and by
adding after paragraph (26) the following:
‘‘(27) ‘Assistant United States Attorney’ means
an assistant United States attorney appointed under
section 542 of title 28.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
(1) INCLUSION IN DEFINITION OF A LAW EN-
FORCEMENT OFFICER.—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 after subparagraph
(D) the following:
‘‘(E) an Assistant United States Attor-
ney;’’.
(2) DEFINITION
OF
AN
ASSISTANT
UNITED
STATES ATTORNEY.—Section 8401 of title 5, United
States Code, is amended by striking ‘‘and’’ at the
end of paragraph (31), by striking the period at the
end of paragraph (32) and inserting ‘‘; and’’, and by
adding after paragraph (32) the following:
‘‘(33) ‘Assistant United States Attorney’ means
an assistant United States attorney appointed under
section 542 of title 28.’’.
(c) EFFECTIVE DATE.—Except as otherwise provided
in section 3, this Act and the amendments made by this
Act shall take effect on the first day of the first applicable
pay period beginning after the expiration of the 90-day
period beginning on the date of enactment of this Act.
SEC. 3. PROVISIONS RELATING TO INCUMBENTS.
(a) INCUMBENT DEFINED.—For purposes of this sec-
tion, the term ‘‘incumbent’’ means an individual first ap-
pointed as an Assistant United States Attorney before the
effective date of this Act who is serving in that capacity
on such effective date.
(b) NOTICE
REQUIREMENT.—Not later than 6
months after the effective date of this Act, the Depart-
ment of Justice shall take measures reasonably designed
to provide notice to incumbents as to their election rights
under this Act, and the consequences of making or not
making a timely election.
(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 in the same way 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.
(3) INTERIM
STATUS.—Notwithstanding any
other provision of this Act, no change in the retire-
ment coverage of any incumbent shall occur, by rea-
son of the enactment of this Act, before the date on
which an election under paragraph (1)(A) is made
(or deemed to have been made).
(d) RETROACTIVE EFFECT.—In the case of any in-
cumbent who elects (or is deemed to have elected) the op-
tion under subsection (c)(1)(A), all service performed by
such individual as an Assistant United States Attorney
shall—
(1) to the extent performed on or after the ef-
fective date of that election, be treated in accordance
with applicable provisions of chapter 83 or 84 of
title 5, United States Code, as amended by this Act;
and
(2) to the extent performed before the effective
date of that election, be treated in accordance with
applicable provisions of chapter 83 or 84 of such
title, as if the amendments made by this Act had
then been in effect.
(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-