text: 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.
target: Federal Prosecutors Retirement Benefit Equity Act of 2001 - Amends Federal civil service law to include Federal prosecutors within the definition of "law enforcement officer" (LEO). Extends LEO benefits under the Civil Service Retirement System and the Federal Employees' Retirement System to Federal prosecutors, including Assistant United States Attorneys (AUSAs), and such other attorneys in the Department of Justice (DOJ) as may be designated by the Attorney General. Exempts Federal prosecutors from mandatory retirement provisions for LEOs under the civil service laws.Requires DOJ to provide notice to incumbent Federal prosecutors of their rights under this Act. Allows incumbents to opt out of the LEO retirement program. Sets forth provisions governing the crediting of prior service by incumbents. Provides for make-up contributions for prior service of incumbents to the Civil Service Retirement and Disability Fund.Gives incumbents the option of either contributing to their own share of any make-up contributions or receiving a proportionally lesser retirement benefit. Allows the Government to contribute its share of any make-up contribution ratably over a ten-year period.
feat_title: 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.