[Congressional Record Volume 151, Number 154 (Friday, November 18, 2005)]
[Senate]
[Pages S13388-S13389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 2076. 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; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. LEAHY. I am pleased to join with Senator Hatch in introducing the 
Assistant United States Attorney Retirement Benefit Equity Act of 2005. 
This bill was previously introduced in the 107th and 108th Congresses. 
A House companion bill, H.R. 3183, has already been introduced and 
currently has 43 bipartisan cosponsors.
  Fairness is the driving force behind this legislation. The bill would 
correct an inequity that exists under current law, whereby AUSAs 
receive substantially less favorable retirement benefits than nearly 
all other people involved in the Federal criminal justice system. The 
bill would increase the retirement benefits given to AUSAs, as well as 
other designated attorneys employed by DOJ who act primarily as 
criminal prosecutors, by including them in the Civil Service Retirement 
System. This change would bring their retirement benefits inline with 
thousands of other employees involved in the Federal criminal justice 
system.
  Enhanced retirement benefits will allow us to attract and retain the 
best and the brightest for these vital positions in Government. As a 
former prosecutor, I know that experienced prosecutors are needed to 
bring ever more sophisticated cases under increasingly complex federal 
criminal laws. The Government's success in combating the threats posed 
by organized crime, drug cartels, terrorist groups, and other 
sophisticated criminals depends upon representation by skilled, 
experienced litigators.
  Because of the lure of higher salaries and benefits, the average 
assistant U.S. attorney remains with the Department of Justice only 8 
years. The hours are long, the pay is low, and they place themselves in 
harm's way by prosecuting criminals. Surveys of assistant U.S. 
attorneys have shown that a fair retirement benefit is the foremost 
incentive that would increase their tenure with the Department of 
Justice. Creating an enticement for them to remain with the Department 
of Justice for the length of their careers would be a tremendous 
victory for the American people. This legislation would improve public 
safety for us all by ensuring a strong, knowledgeable, and experienced 
crop of prosecutors at the federal level.
  I want to thank Senators Hatch, Mikulski, Durbin, DeWine, Biden, 
Feinstein, Feingold, Smith, Dodd, Chambliss, Rockefeller, Lieberman, 
Boxer, Wyden, Nelson, and Corzine, for cosponsoring this important 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2076

       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.''.

[[Page S13389]]

       (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.
                                 ______