I 

111TH CONGRESS 

1ST SESSION H. R. 4091 

To amend titles 18 and 28 of the United States Code to provide incentives 

for the prompt payments of debts owed to the United States and the 

victims of crime by imposing late fees on unpaid judgments owed to 

the United States and to the victims of crime, to provide for offsets 

on amounts collected by the Department of Justice for Federal agencies, 

to increase the amount of special assessments imposed upon convicted 

persons, to establish an Enhanced Financial Recovery Fund to enhance, 

supplement, and improve the debt collection activities of the Department 

of Justice, 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, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2009 

Mr. DELAHUNT (for himself, Mr. GOHMERT, Mr. JOHNSON of Georgia, Mr. 

FRANKS of Arizona, Mr. MORAN of Virginia, Mr. CAO, Mr. HASTINGS of 

Florida, Mr. MCCAUL, Mrs. DAVIS of California, Mr. SCHIFF, Mr. DANIEL E. LUNGREN of California, Mr. PIERLUISI, Ms. BALDWIN, Mr. DAVIS

of Alabama, and Mr. FRANK of Massachusetts) introduced the following 

bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend titles 18 and 28 of the United States Code to 

provide incentives for the prompt payments of debts owed 

to the United States and the victims of crime by imposing late fees on unpaid judgments owed to the United 

States and to the victims of crime, to provide for offsets 


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on amounts collected by the Department of Justice for 

Federal agencies, to increase the amount of special assessments imposed upon convicted persons, to establish 

an Enhanced Financial Recovery Fund to enhance, supplement, and improve the debt collection activities of 

the Department of Justice, 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, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhanced Restitution 

5 Enforcement and Equitable Retirement Treatment Act of 

6 2009’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—ENHANCED FINANCIAL RECOVERY 

Sec. 101. Unpaid fines and restitution. 

Sec. 102. Remission of criminal monetary penalties. 

Sec. 103. Prioritization of restitution efforts. 

Sec. 104. Imposition of civil late fee. 

Sec. 105. Increase in the amount of special assessments. 

Sec. 106. Enhanced financial recovery fund. 

Sec. 107. Effective dates. 

TITLE II—EQUITABLE RETIREMENT TREATMENT OF ASSISTANT 

UNITED STATES ATTORNEYS 

Sec. 201. Retirement treatment of assistant United States attorneys. 

Sec. 202. Provisions relating to incumbents. 

Sec. 203. Agency share contributions. 

Sec. 204. Effective date. 


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1 TITLE I—ENHANCED FINANCIAL 

2 RECOVERY 

3 SEC. 101. UNPAID FINES AND RESTITUTION. 

4 (a) IN GENERAL.—Section 3612 of title 18, United 

5 States Code, is amended— 

6 (1) by striking subsections (d), (e), (g), (h), and 

7 (i); and 

8 (2) by inserting after subsection (c) the fol9 lowing: 

10 ‘‘(d) IMPOSITION OF LATE FEE.— 

11 ‘‘(1) IN GENERAL.—A late fee shall be imposed 

12 upon a defendant if fines or restitution obligations 

13 of the defendant totaling not less than $2,500 un14 paid as of the date specified in subsection (f)(1). 

15 The late fee imposed under this paragraph shall be 

16 5 percent of the unpaid principal balance for an in17 dividual and 10 percent for any other person. 

18 ‘‘(2) ALLOCATION OF PAYMENTS.— 

19 ‘‘(A) FINE.—Subject to subparagraph (C), 

20 if a late fee is imposed under paragraph (1) for 

21 a fine— 

22 ‘‘(i) an amount equal to 95 percent of 

23 each payment made by a defendant shall 

24 be credited to the Crime Victims Fund es25 tablished under section 1402 of the VicVerDate Nov 24 2008 00:20 Nov 18, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4091.IH H4091

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1 tims of Crime Act of 1984 (42 U.S.C. 

2 10601) or as otherwise provided in that 

3 section; and 

4 ‘‘(ii) an amount equal to 5 percent of 

5 each payment shall be credited to the De6 partment of Justice Enhanced Financial 

7 Recovery Fund established under section 

8 106 of the Enhanced Restitution Enforce9 ment and Equitable Retirement Treatment 

10 Act of 2009. 

11 ‘‘(B) RESTITUTION.—Subject to subpara12 graph (C), if a late fee is imposed under para13 graph (1) for a restitution obligation— 

14 ‘‘(i) an amount equal to 95 percent of 

15 each payment shall be paid to any victim 

16 identified by the court; and 

17 ‘‘(ii) an amount equal to 5 percent of 

18 each payment shall be credited to the De19 partment of Justice Enhanced Financial 

20 Recovery Fund established under section 

21 106 of the Enhanced Restitution Enforce22 ment and Equitable Retirement Treatment 

23 Act of 2009. 

24 ‘‘(C) ORDER OF PAYMENTS.—Payments 

25 for fines or restitution shall be applied first to 


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1 the principal and, if any, the late fee under 

2 paragraph (1). If the amount due on either the 

3 principal or the late fee has been paid in full 

4 and the other amount due remains unpaid, all 

5 payments for fines or restitution shall then be 

6 applied to the other unpaid obligation. If the 

7 principal and the late fee have been paid in full, 

8 all payments for fines or restitution shall then 

9 be applied to interest. 

10 ‘‘(3) DEFINITIONS.—In this subsection— 

11 ‘‘(A) the term ‘fines or restitution obliga12 tions’ does not include any amount that is im13 posed as interest, costs, or a late fee; 

14 ‘‘(B) the term ‘principal’ does not include 

15 any amount that is imposed as interest, pen16 alty, or a late fee; and 

17 ‘‘(C) the term ‘restitution’ includes any un18 paid balance due to a person identified in any 

19 judgment, or order of restitution, entered in 

20 any criminal case. 

21 ‘‘(e) WAIVER OF INTEREST, PENALTY, OR LATE

22 FEES.— 

23 ‘‘(1) IN GENERAL.—The Attorney General may 

24 waive all or part of any interest or late fee under 

25 this section or any interest or penalty imposed under 


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1 any other provision of law if the Attorney General 

2 determines that reasonable efforts to collect the in3 terest, late fee, or penalty are not likely to be effec4 tive. 

5 ‘‘(2) WAIVER BY COURT.—The court may waive 

6 the uncollected portion of a late fee, upon the mo7 tion of the defendant, and a showing, by a prepon8 derance of the evidence, that— 

9 ‘‘(A) the defendant has made a good faith 

10 effort to satisfy all unpaid fines or restitution 

11 obligations; 

12 ‘‘(B) despite the good faith efforts of the 

13 defendant, the defendant is not likely to satisfy 

14 the obligations within the time provided for 

15 under section 3613 of this title; and 

16 ‘‘(C) the continued collection of a late fee 

17 would constitute an undue burden upon the de18 fendant.’’. 

19 (b) REPEAL OF DELINQUENCY AND DEFAULT PRO20 VISIONS.—Section 3572 of title 18, United States Code, 

21 is amended by striking subsections (h) and (i). 

22 SEC. 102. REMISSION OF CRIMINAL MONETARY PENALTIES. 

23 Section 3573 of title 18, United States Code, is 

24 amended to read as follows: 


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1 ‘‘§ 3573. Petition of the Government for modification 

2 or remission 

3 ‘‘(a) IN GENERAL.—Upon petition of the Govern4 ment showing that reasonable efforts to collect a fine, res5 titution obligation, or special assessment are not likely to 

6 be effective, the court may, in the interest of justice, remit 

7 all or any part of the fine, restitution obligation, or special 

8 assessment, including interest, penalty, and late fees. 

9 ‘‘(b) VICTIMS OTHER THAN THE UNITED STATES.— 

10 In the case of a restitution obligation owed to a victim 

11 other than the United States, the express and clearly vol12 untary consent of the victim is required before the court 

13 may grant such petition. No defendant shall initiate con14 tact with a victim for the purpose of securing consent to 

15 a possible remission except through counsel, the United 

16 States attorney, or in such a manner as first approved 

17 by the court as safe and noncoercive.’’. 

18 SEC. 103. PRIORITIZATION OF RESTITUTION EFFORTS. 

19 Section 3771 of title 18, United States Code, is 

20 amended by adding the following subsection: 

21 ‘‘(g) GUIDELINES.— 

22 ‘‘(1) IN GENERAL.—The Attorney General shall 

23 promulgate guidelines to ensure the effective and ef24 ficient enforcement of all criminal and civil obliga25 tions which are owed to the United States and en26 forced by the Department of Justice. 


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1 ‘‘(2) CONTENTS.—The guidelines promulgated 

2 under paragraph (1) shall require consideration, in 

3 making decisions relating to enforcement of criminal 

4 and civil obligations which are owed to the United 

5 States, of the amount due, the amount collectible, 

6 and whether the amount is due to individuals who 

7 are not likely to be able to enforce the obligation 

8 without assistance from the Department of Jus9 tice.’’. 

10 SEC. 104. IMPOSITION OF CIVIL LATE FEE. 

11 (a) IN GENERAL.—Section 3011 of title 28, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 3011. Imposition of late fee 

14 ‘‘(a) IN GENERAL.—A late fee shall be imposed on 

15 a defendant if there is an unpaid balance due to the 

16 United States on any money judgment in a civil matter 

17 recovered in a district court as of— 

18 ‘‘(1) the fifteenth day after the date of the 

19 judgment; or 

20 ‘‘(2) if the day described in paragraph (1) is a 

21 Saturday, Sunday, or legal public holiday, the next 

22 day that is not a Saturday, Sunday, or legal holiday. 

23 ‘‘(b) AMOUNT OF LATE FEE.—A late fee imposed 

24 under subsection (a) shall be 5 percent of the unpaid prinVerDate Nov 24 2008 00:20 Nov 18, 2009 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4091.IH H4091

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1 cipal balance for an individual and 10 percent for any 

2 other person. 

3 ‘‘(c) ALLOCATION OF PAYMENTS.—Subject to sub4 section (d), if a late fee is imposed under subsection (a)— 

5 ‘‘(1) an amount equal to 95 percent of each 

6 principal payment made by a defendant shall be 

7 credited as otherwise provided by law; and 

8 ‘‘(2) an amount equal to 5 percent of each prin9 cipal payment shall be credited to the Department of 

10 Justice Enhanced Financial Recovery Fund estab11 lished under section 106 of the Enhanced Financial 

12 Recovery and Equitable Retirement Treatment Act 

13 of 2007. 

14 ‘‘(d) ORDER OF PAYMENTS.—Payments for a money 

15 judgment in a civil matter shall be applied first to the 

16 principal and, if any, the late fee under subsection (a). 

17 If the amount due on either the principal or the late fee 

18 has been paid in full and the other amount due remains 

19 unpaid, all payments for a money judgment in a civil mat20 ter shall be applied to the other unpaid obligation. If the 

21 principal and the late fee have been paid in full, all pay22 ments for a money judgment in a civil matter shall then 

23 be applied to interest. 

24 ‘‘(e) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘principal’ does not include any 

2 amount that is imposed as interest, penalty, or a 

3 late fee; and 

4 ‘‘(2) the term ‘unpaid balance due to the 

5 United States’— 

6 ‘‘(A) includes any unpaid balance due to a 

7 person that was represented by the Department 

8 of Justice in the civil matter in which the 

9 money judgment was entered; and 

10 ‘‘(B) does not include interest, costs, pen11 alties, or late fees.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

13 The table of sections for subchapter A of chapter 176 of 

14 title 28, United States Code, is amended by striking the 

15 item relating to section 3011 and inserting the following: 

‘‘3011. Imposition of late fee.’’. 

16 SEC. 105. INCREASE IN THE AMOUNT OF SPECIAL ASSESS17 MENTS. 

18 Section 3013 of title 18, United States Code, is 

19 amended by striking subsection (a) and inserting the fol20 lowing: 

21 ‘‘(a) The court shall assess on any person convicted 

22 of an offense against the United States— 

23 ‘‘(1) in the case of an infraction or a mis24 demeanor— 

25 ‘‘(A) if the defendant is an individual— 


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1 ‘‘(i) the amount of $10 in the case of 

2 an infraction or a class C misdemeanor; 

3 ‘‘(ii) the amount of $25 in the case of 

4 a class B misdemeanor; and 

5 ‘‘(iii) the amount of $100 in the case 

6 of a class A misdemeanor; and 

7 ‘‘(B) if the defendant is a person other 

8 than an individual— 

9 ‘‘(i) the amount of $100 in the case of 

10 an infraction or a class C misdemeanor; 

11 ‘‘(ii) the amount of $200 in the case 

12 of a class B misdemeanor; and 

13 ‘‘(iii) the amount of $500 in the case 

14 of a class A misdemeanor; and 

15 ‘‘(2) in the case of a felony— 

16 ‘‘(A) the amount of $100 if the defendant 

17 is an individual; and 

18 ‘‘(B) the amount of $1,000 if the defend19 ant is not an individual.’’. 

20 SEC. 106. ENHANCED FINANCIAL RECOVERY FUND. 

21 (a) ESTABLISHMENT.—There is established in the 

22 Treasury a separate account known as the Department 

23 of Justice Enhanced Financial Recovery Fund (in this sec24 tion referred to as the ‘‘Fund’’). 


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1 (b) DEPOSITS.—Notwithstanding section 3302 of 

2 title 31, United States Code, or any other law regarding 

3 the crediting of collections, there shall be credited as an 

4 offsetting collection to the Fund an amount equal to— 

5 (1) 2 percent of any amount collected pursuant 

6 to civil debt collection litigation activities of the De7 partment of Justice (in addition to any amount 

8 credited under section 11013 of the 21st Century 

9 Department of Justice Appropriations Authorization 

10 Act (28 U.S.C. 527 note)); 

11 (2) 5 percent of all amounts collected as res12 titution due to the United States pursuant to the 

13 criminal debt collection litigation activities of the 

14 Department of Justice; and 

15 (3) any late fee collected under section 3612 of 

16 title 18, United States Code, as amended by this 

17 Act, or section 3011 of title 28, United States Code, 

18 as amended by this Act. 

19 (c) AVAILABILITY.—The amounts credited to the 

20 Fund shall remain available until expended. 

21 (d) PAYMENTS FROM THE FUND TO SUPPORT EN22 HANCED ENFORCEMENT OF JUDGMENTS.— 

23 (1) USE FOR COLLECTION.— 

24 (A) IN GENERAL.—Except as provided in 

25 paragraph (2), the Attorney General shall use 


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1 not less than $20,000,000 of the Fund in each 

2 fiscal year, to the extent that funds are avail3 able, for the collection of civil and criminal 

4 judgments by the Department of Justice, in5 cluding restitution judgments where the bene6 ficiaries are the victims of crime. 

7 (B) ALLOCATION.—The funds described in 

8 subparagraph (A) shall be used to enhance, 

9 supplement, and improve the civil and criminal 

10 judgment enforcement efforts of the Depart11 ment of Justice first, and primarily for such ac12 tivities by United States attorneys’ offices. A 

13 portion of the funds described in subparagraph 

14 (A) may be used by the Attorney General to 

15 provide legal, investigative, accounting, and 

16 training support to the United States attorneys’ 

17 offices in carrying out civil and criminal debt 

18 collection activities. 

19 (C) LIMITATION.—The funds described in 

20 subparagraph (A) may not be used to determine 

21 whether a defendant is guilty of an offense or 

22 liable to the United States, except incidentally 

23 for the provision of assistance necessary or de24 sirable in a case to ensure the preservation of 

25 assets or the imposition of a judgment, which 


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1 assists in the enforcement of a judgment, or in 

2 a proceeding directly related to the failure of a 

3 defendant to satisfy the monetary portion of a 

4 judgment. 

5 (2) ADJUSTMENT OF AMOUNT.—In each fiscal 

6 year following the first fiscal year in which deposits 

7 into the Fund are greater than $20,000,000, the 

8 amount to be used under paragraph (1)(A) shall be 

9 increased by a percentage equal to the change in the 

10 Consumer Price Index published by the Bureau of 

11 Labor Statistics of the Department of Labor for the 

12 calendar year preceding that fiscal year. 

13 (3) LIMITATION.—In any fiscal year, amounts 

14 in the Fund shall be available to the extent that the 

15 amount appropriated in that fiscal year for the pur16 poses described in paragraph (1) is not less than an 

17 amount equal to the amount appropriated for such 

18 activities in fiscal year 2006, adjusted annually in 

19 the same proportion as increases reflected in the 

20 amount of aggregate level of appropriations for the 

21 Executive Office of United States Attorneys and 

22 United States Attorneys. 

23 (e) CURRENT AGENCY SHARE CONTRIBUTIONS.— 

24 After expending amounts in the Fund as provided under 

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1 maining in the Fund to offset additional agency share con2 tributions made by the Department of Justice for per3 sonnel benefit expenses incurred as a result of this Act 

4 or the amendments made by this Act relating to service 

5 as an assistant United States attorney on or after the date 

6 of enactment of this Act. The availability of amounts from 

7 the Fund shall have no effect on the implementation of 

8 title II or the amendments made by title II. 

9 (f) RETROACTIVE AGENCY SHARE CONTRIBU10 TIONS.—After expending amounts in the Fund as pro11 vided under subsection (e), the Attorney General may use 

12 amounts remaining in the Fund to offset agency share 

13 contributions made by the Department of Justice for per14 sonnel benefit expenses incurred as a result of this Act 

15 or the amendments made by this Act relating to service 

16 as an assistant United States attorney before the date of 

17 enactment of this Act. 

18 (g) REBATE OF AGENCY OFFSETS.—After expending 

19 amounts in the Fund as provided under subsection (f), 

20 all amounts remaining in the Fund shall be credited, pro21 portionally, to the Federal agencies on behalf of which 

22 debt collection litigation activities were conducted that re23 sulted in deposits under paragraph (1) or (2) of subsection 

24 (b) during that fiscal year. 


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1 (h) PAYMENTS TO THE GENERAL FUND.—After ex2 pending amounts in the Fund as provided under sub3 section (g), all amounts remaining in the Fund shall be 

4 deposited with the General Fund of the United States 

5 Treasury. 

6 (i) DEFINITION.—In this section, the term ‘‘United 

7 States’’— 

8 (1) includes— 

9 (A) the executive departments, the judicial 

10 and legislative branches, the military depart11 ments, and independent establishments of the 

12 United States; and 

13 (B) corporations primarily acting as in14 strumentalities or agencies of the United 

15 States; and 

16 (2) except as provided in paragraph (1), does 

17 not include any contractor of the United States. 

18 SEC. 107. EFFECTIVE DATES. 

19 (a) IN GENERAL.—Except as provided in this section, 

20 this title and the amendments made by this title shall take 

21 effect 30 days after the date of enactment of this Act. 

22 (b) CRIMINAL CASES.—The amendments made by 

23 section 105 and subsection (d) of section 3612 of title 18, 

24 United States Code, as added by section 101 of this Act, 

25 shall apply to any offense committed on or after the date 


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1 of enactment of this Act, including any offense which in2 cludes conduct that continued on or after the date of en3 actment of this Act. 

4 (c) CIVIL CASES.—The amendments made by section 

5 104 shall apply to any case pending on or after the date 

6 of enactment of this Act. 

7 TITLE II—EQUITABLE RETIRE8 MENT TREATMENT OF AS9 SISTANT UNITED STATES AT10 TORNEYS 

11 SEC. 201. RETIREMENT TREATMENT OF ASSISTANT UNITED 

12 STATES ATTORNEYS. 

13 (a) CIVIL SERVICE RETIREMENT SYSTEM.— 

14 (1) ASSISTANT UNITED STATES ATTORNEY DE15 FINED.—Section 8331 of title 5, United States 

16 Code, is amended— 

17 (A) in paragraph (28), by striking ‘‘and’’ 

18 at the end; 

19 (B) in paragraph (29) relating to dynamic 

20 assumptions, by striking the period and insert21 ing a semicolon; 

22 (C) by redesignating paragraph (29) relat23 ing to air traffic controllers as paragraph (30); 


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1 (D) in paragraph (30), as so redesignated, 

2 by striking the period and inserting ‘‘; and’’; 

3 and 

4 (E) by adding at the end the following: 

5 ‘‘(31) ‘assistant United States attorney’— 

6 ‘‘(A) means an assistant United States at7 torney appointed under section 542 of title 28; 

8 and 

9 ‘‘(B) includes an individual— 

10 ‘‘(i) appointed United States attorney 

11 under section 541 or 546 of title 28; 

12 ‘‘(ii) who has previously served as an 

13 assistant United States attorney; and 

14 ‘‘(iii) who elects under section 202 of 

15 the Enhanced Restitution Enforcement 

16 and Equitable Retirement Treatment Act 

17 of 2009 to be treated as an assistant 

18 United States attorney and solely for the 

19 purposes of this title.’’. 

20 (2) RETIREMENT TREATMENT.—Chapter 83 of 

21 title 5, United States Code, is amended by adding 

22 after section 8351 the following: 

23 ‘‘§ 8352. Assistant United States attorneys 

24 ‘‘An assistant United States attorney shall be treated 

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1 forcement officer for purposes of this chapter, except as 

2 follows: 

3 ‘‘(1) Section 8335(b)(1) of this title (relating to 

4 mandatory separation) shall not apply. 

5 ‘‘(2) Section 8336(c)(1) of this title (relating to 

6 immediate retirement at age 50 with 20 years of 

7 service as a law enforcement officer) shall apply to 

8 assistant United States attorneys except the age for 

9 immediate retirement eligibility shall be 57 instead 

10 of 50.’’. 

11 (3) TECHNICAL AND CONFORMING AMEND12 MENTS.— 

13 (A) TABLE OF SECTIONS.—The table of 

14 sections for chapter 83 of title 5, United States 

15 Code, is amended by inserting after the item re16 lating to section 8351 the following: 

‘‘Sec. 8352. Assistant United States attorneys.’’. 

17 (B) MANDATORY SEPARATION.—Section 

18 8335(a) of title 5, United States Code, is 

19 amended by striking ‘‘8331(29)(A)’’ and insert20 ing ‘‘8331(30)(A)’’. 

21 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

22 (1) ASSISTANT UNITED STATES ATTORNEY DE23 FINED.—Section 8401 of title 5, United States 

24 Code, is amended— 


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1 (A) in paragraph (34), by striking ‘‘and’’ 

2 at the end; 

3 (B) in paragraph (35), by striking the pe4 riod and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(36) ‘assistant United States attorney’— 

7 ‘‘(A) means an assistant United States at8 torney appointed under section 542 of title 28; 

9 and 

10 ‘‘(B) includes an individual— 

11 ‘‘(i) appointed United States attorney 

12 under section 541 or 546 of title 28; 

13 ‘‘(ii) who has previously served as an 

14 assistant United States attorney; and 

15 ‘‘(iii) who elects under section 202 of 

16 the Enhanced Restitution Enforcement 

17 and Equitable Retirement Treatment Act 

18 of 2009 to be treated as an assistant 

19 United States attorney and solely for the 

20 purposes of this title.’’. 

21 (2) RETIREMENT TREATMENT.—Section 8402 

22 of title 5, United States Code, is amended by adding 

23 at the end the following: ‘‘An assistant United 

24 States attorney shall be treated in the same manner 


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1 and to the same extent as a law enforcement officer 

2 for purposes of this chapter, except as follows: 

3 ‘‘(1) Section 8425(b)(1) of this title (relating to 

4 mandatory separation) shall not apply. 

5 ‘‘(2) Section 8412(d) of this title (relating to 

6 immediate retirement at age 50 with 20 years of 

7 service as a law enforcement officer) shall apply to 

8 assistant United States attorneys except the age for 

9 immediate retirement eligibility shall be 57 instead 

10 of 50.’’. 

11 (c) MANDATORY SEPARATION.—Sections 8335(b)(1) 

12 and 8425(b)(1) of title 5, United States Code, are each 

13 amended by adding at the end the following: ‘‘This sub14 section shall not apply in the case of an assistant United 

15 States attorney.’’. 

16 SEC. 202. PROVISIONS RELATING TO INCUMBENTS. 

17 (a) DEFINITIONS.—In this section— 

18 (1) the term ‘‘assistant United States attorney’’ 

19 means an assistant United States attorney appointed 

20 under section 542 of title 28, United States Code; 

21 and 

22 (2) the term ‘‘incumbent’’ means an individual 

23 who, on the date of enactment of this Act— 

24 (A) is serving as an assistant United 

25 States attorney; 


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1 (B) is serving as a United States Attorney 

2 appointed under section 541 or 546 of title 28, 

3 United States Code; or 

4 (C) is employed by the Department of Jus5 tice and has served at least 10 years as an as6 sistant United States attorney. 

7 (b) NOTICE REQUIREMENT.—Not later than 180 

8 days after the date of enactment of this Act, the Depart9 ment of Justice shall take measures reasonably designed 

10 to provide notice to incumbents on— 

11 (1) their election rights under this title; and 

12 (2) the effects of making or not making a time13 ly election under this title. 

14 (c) ELECTION AVAILABLE TO INCUMBENTS.— 

15 (1) IN GENERAL.—An incumbent may elect, for 

16 all purposes, to be treated— 

17 (A) in accordance with the amendments 

18 made by this title; or 

19 (B) as if this title had never been enacted. 

20 (2) TIME LIMITATION.—An election under this 

21 subsection shall not be effective unless the election 

22 is made not later than the earlier of— 

23 (A) 180 days after the date on which the 

24 notice under subsection (b) is provided; or 


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1 (B) the date on which the incumbent in2 volved separates from service. 

3 (3) FAILURE TO ELECT.—Failure to make a 

4 timely election under this subsection shall be 

5 deemed— 

6 (A) for an assistant United States attor7 ney, as an election under paragraph (1)(A); and 

8 (B) for any other incumbent, as an election 

9 under paragraph (1)(B). 

10 (d) LIMITED RETROACTIVE EFFECT.— 

11 (1) EFFECT ON RETIREMENT.—In the case of 

12 an incumbent who elects (or is deemed to have elect13 ed) the option under subsection (c)(1)(A), all service 

14 performed by that individual as an assistant United 

15 States attorney shall— 

16 (A) to the extent performed on or after the 

17 effective date of that election, be treated in ac18 cordance with applicable provisions of sub19 chapter III of chapter 83 or chapter 84 of title 

20 5, United States Code, as amended by this title; 

21 and 

22 (B) to the extent performed before the ef23 fective date of that election, be treated in ac24 cordance with applicable provisions of sub25 chapter III of chapter 83 or chapter 84 of title 


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1 5, United States Code, as if the amendments 

2 made by this title had then been in effect. 

3 (2) CREDITABLE SERVICE.—All service per4 formed by an incumbent under an appointment 

5 under section 515, 541, 543, or 546 of title 28, 

6 United States Code, and while concurrently em7 ployed by the Department of Justice shall be cred8 ited in the same manner as if performed as an as9 sistant United States attorney. 

10 (3) NO OTHER RETROACTIVE EFFECT.—Noth11 ing in this title (including the amendments made by 

12 this title) shall affect any of the terms or conditions 

13 of an individual’s employment (apart from those 

14 governed by subchapter III of chapter 83 or chapter 

15 84 of title 5, United States Code) with respect to 

16 any period of service preceding the date on which 

17 such individual’s election under subsection (c) is 

18 made (or is deemed to have been made). 

19 (e) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV20 ICE.— 

21 (1) IN GENERAL.—An individual who makes an 

22 election under subsection (c)(1)(A) shall, with re23 spect to prior service performed by such individual, 

24 deposit, with interest, to the Civil Service Retire25 ment and Disability Fund the difference between the 


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•HR 4091 IH

1 individual contributions that were actually made for 

2 such service and the individual contributions that 

3 would have been made for such service if the amend4 ments made by this title had then been in effect. 

5 (2) EFFECT OF NOT CONTRIBUTING.—If the 

6 deposit required under paragraph (1) is not paid, all 

7 prior service of the incumbent shall remain fully 

8 creditable as law enforcement officer service, but the 

9 resulting annuity shall be reduced in a manner simi10 lar to that described in section 8334(d)(2)(B) of 

11 title 5, United States Code. 

12 (3) PRIOR SERVICE DEFINED.—In this sub13 section, the term ‘‘prior service’’ means, with respect 

14 to any individual who makes an election (or is 

15 deemed to have made an election) under subsection 

16 (c)(1)(A), all service credited as an assistant United 

17 States attorney, but not exceeding 20 years, per18 formed by such individual before the date as of 

19 which applicable retirement deductions begin to be 

20 made in accordance with such election. 

21 (f) REGULATIONS.—The Office of Personnel Manage22 ment shall prescribe regulations necessary to carry out 

23 this title, including provisions under which any interest 

24 due on the amount described under subsection (e) shall 

25 be determined. 


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•HR 4091 IH

1 SEC. 203. AGENCY SHARE CONTRIBUTIONS. 

2 (a) IN GENERAL.—The cost for current agency share 

3 contributions for personnel benefits incurred as a result 

4 of this Act or the amendments made by this Act may be 

5 paid from the Enhanced Financial Recovery Fund. If in 

6 any fiscal year the Fund does not have a sufficient amount 

7 on deposit to satisfy the cost for current agency share con8 tributions for personnel benefits incurred as a result of 

9 this Act or the amendments made by this Act, the amount 

10 of the insufficiency shall be due the next fiscal year. 

11 (b) RETROACTIVE AGENCY SHARE.—The cost for 

12 retroactive agency share contributions for personnel bene13 fits incurred as a result of this Act or the amendments 

14 made by this Act may be paid from the Enhanced Finan15 cial Recovery Fund. Notwithstanding section 8348(f) or 

16 section 8423(b) of title 5, United States Code, an amount 

17 equal to the amount remaining in the Enhanced Financial 

18 Recovery Fund in any fiscal year, after the amounts cred19 ited to the Fund have been expended to satisfy the re20 quirements of subsections (d) and (e) of section 106 of 

21 this Act, shall be credited toward the cost for retroactive 

22 agency share contributions for personnel benefits incurred 

23 as a result of this Act or the amendments made by this 

24 Act until such cost, along with accumulated interest, has 

25 been satisfied in full. 


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•HR 4091 IH

1 (c) USE OF FUNDS.—Funds appropriated for the De2 partment of Justice shall not be used to pay for the addi3 tional cost for current or retroactive agency share con4 tributions for personnel benefits incurred as a result of 

5 this Act or the amendments made by this Act except as 

6 directed by the Attorney General. 

7 SEC. 204. EFFECTIVE DATE. 

8 (a) IN GENERAL.—This title shall take effect on the 

9 date of enactment of this Act. 

10 (b) INCUMBENTS.—In the case of an incumbent who 

11 elects (or is deemed to have elected) the option under sec12 tion 202(c)(1)(A) of this title, the election shall not take 

13 effect until 24 months after the date of enactment of this 

14 Act, except as follows: 

15 (1) An incumbent with at least 30 years of 

16 service as an assistant United States attorney may 

17 choose to have the election take effect at any time 

18 between 6 and 24 months after the date of enact19 ment of this Act. 

20 (2) An incumbent with at least 25 years of 

21 service credited as an assistant United States attor22 ney may choose to have the election take effect at 

23 any time between 12 and 24 months after the enact24 ment of this Act. 


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1 (3) An incumbent with at least 20 years of 

2 service credited as an assistant United States attor3 ney may, with the approval of the Attorney General, 

4 choose to have the election take effect at any time 

5 between 6 and 24 months after the date of enact6 ment of this Act. 

7 (4) An incumbent with at least 20 years service 

8 credited as an assistant United States attorney and 

9 who is currently serving under an appointment 

10 under section 541 or 546 of title 28, United States 

11 Code, may choose to have the election take effect at 

12 any time between the enactment of this Act and 24 

13 months after the date of enactment of this Act. 

Æ 


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