[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Government Reform.
Referred to the Subcommittee on the Civil Service and Agency Organization.
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