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.

May 22, 2003

Ms. ROS-LEHTINEN (for herself, Mr. BOUCHER, Ms. CORRINE BROWN of Florida, Mr. CONYERS, Mr. LINCOLN DIAZ-BALART of Florida, Mrs. JONES of Ohio, Mr. LATOURETTE, Mr. LYNCH, Mr. MATHESON, Mr. MEEK of Florida, Mrs. NAPOLITANO, Mr. POMEROY, Mr. SESSIONS, Mr. WELLER, Mr. WEXLER, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Government Reform

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 2003'.

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 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 section and the amendments made by this section 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 is serving as an assistant United States attorney on the date as of which the amendments made by this Act take effect.

(b) NOTICE REQUIREMENT- 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 the amount described in paragraph (2)--

(i) in 30 equal annual installments, with the first payment thereof due by the end of the fiscal year in which the amendments made by this Act take effect; and

(ii) in such form and manner as the Office may require; 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.

END