[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1090 Introduced in House (IH)]







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 Representatives 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 ATTORNEYS IN THE 
              DEFINITION OF A LAW ENFORCEMENT 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 defined.--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 adding 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 subparagraph (D), and by adding at the end the 
        following:
                    ``(E) an assistant United States attorney;''.
            (2) Assistant united states attorney defined.--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 adding 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 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 following: ``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 amendments 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 enactment of this Act.

SEC. 3. PROVISIONS RELATING TO INCUMBENTS.

    (a) Incumbent Defined.--For purposes of this section, 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 attorney 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 designed 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 subsection shall 
        be treated in the same way as an election under subparagraph 
        (A), made on the last day allowable under paragraph (2).
            (2) Deadline.--An election under this subsection 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 elected) 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 
                accordance with applicable provisions of subchapter 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 effective 
                date of that election, be treated in accordance with 
                applicable provisions of subchapter 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.--Nothing in this Act or 
        any amendment 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 (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 subchapter 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 require, the amount described 
                in paragraph (2); and
                    (B) any amount so remitted shall be deposited 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 before 
        the effective date of their election under subsection (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 chapter 84 of title 5, United 
        States Code (as amended by this Act) shall be considered to 
        create any individual 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 Management 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 determined.
    (g) Definition.--For purposes of this section, the term ``assistant 
United States attorney'' means an assistant United States attorney 
under section 542 of title 28, United States Code.
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