[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 640 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 640

To amend subchapter III of chapter 83 and chapter 84 of title 5, United 
States Code, to include Federal prosecutors within the definition of a 
            law enforcement officer, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2003

   Mr. Leahy (for himself, Mr. Hatch, Ms. Mikulski, and Mr. Durbin) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend subchapter III of chapter 83 and chapter 84 of title 5, United 
States Code, to include Federal prosecutors 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 ``Federal Prosecutors Retirement 
Benefit Equity Act of 2003''.

SEC. 2. INCLUSION OF FEDERAL PROSECUTORS 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 a Federal prosecutor.''.
            (2) Federal prosecutor defined.--Section 8331 of title 5, 
        United States Code, is amended--
                    (A) in paragraph (27), by striking ``and'' at the 
                end;
                    (B) in paragraph (28), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(29) `Federal prosecutor' means--
                    ``(A) an assistant United States attorney under 
                section 542 of title 28; or
                    ``(B) an attorney employed by the Department of 
                Justice and designated by the Attorney General of the 
                United States.''.
    (b) Federal Employees' Retirement System.--
            (1) In general.--Paragraph (17) of section 8401 of title 5, 
        United States Code, is amended--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) in subparagraph (D), by adding ``and'' after 
                ``agency;''; and
                    (C) by adding at the end the following:
                    ``(E) a Federal prosecutor;''.
            (2) Federal prosecutor defined.--Section 8401 of title 5, 
        United States Code, is amended--
                    (A) in paragraph (33), by striking ``and'' at the 
                end;
                    (B) in paragraph (34), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(35) `Federal prosecutor' means--
                    ``(A) an assistant United States attorney under 
                section 542 of title 28; or
                    ``(B) an attorney employed by the Department of 
                Justice and designated by the Attorney General of the 
                United States.''.
    (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 
        of a Federal prosecutor as defined under section 8331(29) or 
        8401(35).''.
            (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 a Federal prosecutor 
        as defined under section 8331(29) or 8401(35).''.
    (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, the term--
            (1) ``Federal prosecutor'' means--
                    (A) an assistant United States attorney under 
                section 542 of title 28, United States Code; or
                    (B) an attorney employed by the Department of 
                Justice and designated by the Attorney General of the 
                United States; and
            (2) ``incumbent'' means an individual who is serving as a 
        Federal prosecutor on the effective date of this section.
    (b) Designated Attorneys.--If the Attorney General of the United 
States makes any designation of an attorney to meet the definition 
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 effective date--
                    (A) the name of the individual designated; and
                    (B) the period of service performed by that 
                individual as a Federal prosecutor before that 
                effective date.
    (c) Notice Requirement.--Not later than 9 months after the date of 
enactment of this Act, the Department of Justice shall take measures 
reasonably designed to provide notice to incumbents on--
            (1) their election rights under this Act; and
            (2) the effects of making or not making a timely 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 paragraph (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 involved 
                separates from service.
    (e) 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 (d)(1)(A), all service performed by that individual 
        as a Federal prosecutor 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 
        (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 Service.--
            (1) In general.--An individual who makes an election under 
        subsection (d)(1)(A) may, with respect to prior service 
        performed by such individual, contribute to the Civil Service 
        Retirement and Disability Fund the difference between the 
        individual contributions that were actually made for such 
        service and the individual contributions that should have been 
        made for such service if the amendments made by section 2 had 
        then been in effect.
            (2) Effect of not contributing.--If no part of or less than 
        the full amount required under paragraph (1) is 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 similar to that described in section 
        8334(d)(2) of title 5, United States Code, to the extent 
        necessary to make up the amount unpaid.
            (3) Prior service defined.--For purposes of this section, 
        the term ``prior service'' means, with respect to any 
        individual who makes an election under subsection (d)(1)(A), 
        service performed by such individual before the date as of 
        which appropriate retirement deductions begin to be made in 
        accordance with such election.
    (g) Government Contributions for Prior Service.--
            (1) In general.--If an incumbent makes an election under 
        subsection (d)(1)(A), the Department of Justice shall remit to 
        the Office of Personnel Management, for deposit in the Treasury 
        of the United States to the credit of the Civil Service 
        Retirement and Disability Fund, the amount required under 
        paragraph (2) with respect to such service.
            (2) Amount required.--The amount the Department of Justice 
        is required to remit is, with respect to any prior service, the 
        total amount of additional Government contributions to the 
        Civil Service Retirement and Disability Fund (over and above 
        those actually paid) that would have been required if the 
        amendments made by section 2 had then been in effect.
            (3) Contributions to be made ratably.--Government 
        contributions under this subsection on behalf of an incumbent 
        shall be made by the Department of Justice ratably (on at least 
        an annual basis) over the 10-year period beginning on the date 
        referred to in subsection (f)(3).
    (h) Regulations.--Except as provided under section 4, the Office of 
Personnel Management shall prescribe regulations necessary to carry out 
this Act, including provisions under which any interest due on the 
amount described under subsection (f) shall be determined.
    (i) Effective Date.--This section shall take effect 120 days after 
the date of enactment of this Act.

SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS.

    (a) Definition.--In this section the term ``Federal prosecutor'' 
has the meaning given 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 of the United 
        States shall--
                    (A) consult with the Office of Personnel Management 
                on this Act (including the amendments made by this 
                Act); and
                    (B) promulgate regulations for making designations 
                of Federal prosecutors who are not assistant United 
                States attorneys.
            (2) Contents.--Any regulations promulgated under paragraph 
        (1) shall ensure that attorneys designated as Federal 
        prosecutors who are not assistant United States attorneys have 
        routine employee responsibilities that are substantially 
        similar to those of assistant United States attorneys assigned 
        to the litigation of criminal cases, such as the representation 
        of the United States before grand juries and in trials, 
        appeals, and related court proceedings.
    (c) Designations.--The designation of any Federal prosecutor who is 
not an assistant United States attorney for purposes of this Act 
(including the amendments made by this Act) shall be at the discretion 
of the Attorney General of the United States.
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