[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2076 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2076

 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 SENATE OF THE UNITED STATES

                           November 18, 2005

   Mr. Leahy (for himself, Mr. Hatch, Ms. Mikulski, Mr. Durbin, Mr. 
 DeWine, Mr. Biden, Mrs. Feinstein, Mr. Feingold, Mr. Smith, Mr. Dodd, 
 Mr. Chambliss, Mr. Rockefeller, Mr. Lieberman, Mrs. Boxer, Mr. Wyden, 
Mr. Nelson of Florida, and Mr. Corzine) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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 Representatives 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 defined.--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 inserting 
                        ``; 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 designated by the 
                Attorney General upon finding that the position--
                            ``(i) involves routine employee 
                        responsibilities 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:
``Sec. 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 purposes of this chapter.''.
            (3) Technical and conforming amendments.--(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 defined.--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 period 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 designated by the 
                Attorney General upon finding that the position--
                            ``(i) involves routine employee 
                        responsibilities 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 purposes 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 provisions 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 designated by the 
                Attorney General upon finding that the position--
                            (i) involves routine employee 
                        responsibilities 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 attorney on the effective 
        date of this section.
    (b) Designated Attorneys.--If the Attorney General 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 an assistant United States attorney 
                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 an assistant United States attorney and, with respect to (B) 
        below, including 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 
                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) shall, with respect to prior service 
        performed by such individual, deposit, with interest, 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 would 
        have been made for such service if the amendments 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 similar 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 respect 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 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 (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 ACTIONS.

    (a) 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 designating attorneys described under section 
        3(a)(1)(B).
            (2) Contents.--Any regulation promulgated under paragraph 
        (1) shall ensure that attorneys designated as assistant United 
        States attorneys described under section 3(a)(1)(B) have 
        routine employee responsibilities that are substantially 
        similar to those of assistant United States attorneys.
    (b) Designations.--The designation of any attorney as an assistant 
United States attorney described under section 3(a)(1)(B) shall be at 
the discretion of the Attorney General.
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