[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1828 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1828
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
December 13, 2001
Mr. Leahy (for himself and Mr. Hatch) 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 2001''.
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
the semicolon; 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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