II 

111TH CONGRESS 

1ST SESSION S. 2786 

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 SENATE OF THE UNITED STATES 

NOVEMBER 17, 2009 

Mr. LEAHY (for himself and Mr. HATCH) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

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 

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 


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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. 

9 TITLE I—ENHANCED FINANCIAL 

10 RECOVERY 

11 SEC. 101. UNPAID FINES AND RESTITUTION. 

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

13 States Code, is amended— 


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

2 (i); and 

3 (2) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) IMPOSITION OF LATE FEE.— 

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

7 upon a defendant if fines or restitution obligations 

8 of the defendant totaling not less than $2,500 un9 paid as of the date specified in subsection (f)(1). 

10 The late fee imposed under this paragraph shall be 

11 5 percent of the unpaid principal balance for an in12 dividual and 10 percent for any other person. 

13 ‘‘(2) ALLOCATION OF PAYMENTS.— 

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

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

16 a fine— 

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

18 each payment made by a defendant shall 

19 be credited to the Crime Victims Fund es20 tablished under section 1402 of the Vic21 tims of Crime Act of 1984 (42 U.S.C. 

22 10601) or as otherwise provided in that 

23 section; and 

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

25 each payment shall be credited to the DeVerDate Nov 24 2008 22:33 Nov 17, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2786.IS S2786

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1 partment of Justice Enhanced Financial 

2 Recovery Fund established under section 

3 106 of the Enhanced Restitution Enforce4 ment and Equitable Retirement Treatment 

5 Act of 2009. 

6 ‘‘(B) RESTITUTION.—Subject to subpara7 graph (C), if a late fee is imposed under para8 graph (1) for a restitution obligation— 

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

10 each payment shall be paid to any victim 

11 identified by the court; and 

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

13 each payment shall be credited to the De14 partment of Justice Enhanced Financial 

15 Recovery Fund established under section 

16 106 of the Enhanced Restitution Enforce17 ment and Equitable Retirement Treatment 

18 Act of 2009. 

19 ‘‘(C) ORDER OF PAYMENTS.—Payments 

20 for fines or restitution shall be applied first to 

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

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

23 principal or the late fee has been paid in full 

24 and the other amount due remains unpaid, all 

25 payments for fines or restitution shall then be 


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1 applied to the other unpaid obligation. If the 

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

3 all payments for fines or restitution shall then 

4 be applied to interest. 

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

6 ‘‘(A) the term ‘fines or restitution obliga7 tions’ does not include any amount that is im8 posed as interest, costs, or a late fee; 

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

10 any amount that is imposed as interest, pen11 alty, or a late fee; and 

12 ‘‘(C) the term ‘restitution’ includes any un13 paid balance due to a person identified in any 

14 judgment, or order of restitution, entered in 

15 any criminal case. 

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

17 FEES.— 

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

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

20 this section or any interest or penalty imposed under 

21 any other provision of law if the Attorney General 

22 determines that reasonable efforts to collect the in23 terest, late fee, or penalty are not likely to be effec24 tive. 


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

2 the uncollected portion of a late fee, upon the mo3 tion of the defendant, and a showing, by a prepon4 derance of the evidence, that— 

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

6 effort to satisfy all unpaid fines or restitution 

7 obligations; 

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

9 defendant, the defendant is not likely to satisfy 

10 the obligations within the time provided for 

11 under section 3613 of this title; and 

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

13 would constitute an undue burden upon the de14 fendant.’’. 

15 (b) REPEAL OF DELINQUENCY AND DEFAULT PRO16 VISIONS.—Section 3572 of title 18, United States Code, 

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

18 SEC. 102. REMISSION OF CRIMINAL MONETARY PENALTIES. 

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

20 amended to read as follows: 

21 ‘‘§ 3573. Petition of the Government for modification 

22 or remission 

23 ‘‘(a) IN GENERAL.—Upon petition of the Govern24 ment showing that reasonable efforts to collect a fine, res25 titution obligation, or special assessment are not likely to 


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

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

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

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

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

6 other than the United States, the express and clearly vol7 untary consent of the victim is required before the court 

8 may grant such petition. No defendant shall initiate con9 tact with a victim for the purpose of securing consent to 

10 a possible remission except through counsel, the United 

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

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

13 SEC. 103. PRIORITIZATION OF RESTITUTION EFFORTS. 

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

15 amended by adding the following subsection: 

16 ‘‘(g) GUIDELINES.— 

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

18 promulgate guidelines to ensure the effective and ef19 ficient enforcement of all criminal and civil obliga20 tions which are owed to the United States and en21 forced by the Department of Justice. 

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

23 under paragraph (1) shall require consideration, in 

24 making decisions relating to enforcement of criminal 

25 and civil obligations which are owed to the United 


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1 States, of the amount due, the amount collectible, 

2 and whether the amount is due to individuals who 

3 are not likely to be able to enforce the obligation 

4 without assistance from the Department of Jus5 tice.’’. 

6 SEC. 104. IMPOSITION OF CIVIL LATE FEE. 

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

8 States Code, is amended to read as follows: 

9 ‘‘§ 3011. Imposition of late fee 

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

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

12 United States on any money judgment in a civil matter 

13 recovered in a district court as of— 

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

15 judgment; or 

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

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

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

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

20 under subsection (a) shall be 5 percent of the unpaid prin21 cipal balance for an individual and 10 percent for any 

22 other person. 

23 ‘‘(c) ALLOCATION OF PAYMENTS.—Subject to sub24 section (d), if a late fee is imposed under subsection (a)— 


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

2 principal payment made by a defendant shall be 

3 credited as otherwise provided by law; and 

4 ‘‘(2) an amount equal to 5 percent of each prin5 cipal payment shall be credited to the Department of 

6 Justice Enhanced Financial Recovery Fund estab7 lished under section 106 of the Enhanced Financial 

8 Recovery and Equitable Retirement Treatment Act 

9 of 2007. 

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

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

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

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

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

15 unpaid, all payments for a money judgment in a civil mat16 ter shall be applied to the other unpaid obligation. If the 

17 principal and the late fee have been paid in full, all pay18 ments for a money judgment in a civil matter shall then 

19 be applied to interest. 

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

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

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

23 late fee; and 

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

25 United States’— 


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

2 person that was represented by the Department 

3 of Justice in the civil matter in which the 

4 money judgment was entered; and 

5 ‘‘(B) does not include interest, costs, pen6 alties, or late fees.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

10 item relating to section 3011 and inserting the following: 

‘‘3011. Imposition of late fee.’’. 

11 SEC. 105. INCREASE IN THE AMOUNT OF SPECIAL ASSESS12 MENTS. 

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

14 amended by striking subsection (a) and inserting the fol15 lowing: 

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

17 of an offense against the United States— 

18 ‘‘(1) in the case of an infraction or a mis19 demeanor— 

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

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

22 an infraction or a class C misdemeanor; 

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

24 a class B misdemeanor; and 


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

2 of a class A misdemeanor; and 

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

4 than an individual— 

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

6 an infraction or a class C misdemeanor; 

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

8 of a class B misdemeanor; and 

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

10 of a class A misdemeanor; and 

11 ‘‘(2) in the case of a felony— 

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

13 is an individual; and 

14 ‘‘(B) the amount of $1,000 if the defend15 ant is not an individual.’’. 

16 SEC. 106. ENHANCED FINANCIAL RECOVERY FUND. 

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

18 Treasury a separate account known as the Department 

19 of Justice Enhanced Financial Recovery Fund (in this sec20 tion referred to as the ‘‘Fund’’). 

21 (b) DEPOSITS.—Notwithstanding section 3302 of 

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

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

24 offsetting collection to the Fund an amount equal to— 


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1 (1) 2 percent of any amount collected pursuant 

2 to civil debt collection litigation activities of the De3 partment of Justice (in addition to any amount 

4 credited under section 11013 of the 21st Century 

5 Department of Justice Appropriations Authorization 

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

7 (2) 5 percent of all amounts collected as res8 titution due to the United States pursuant to the 

9 criminal debt collection litigation activities of the 

10 Department of Justice; and 

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

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

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

14 as amended by this Act. 

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

16 Fund shall remain available until expended. 

17 (d) PAYMENTS FROM THE FUND TO SUPPORT EN18 HANCED ENFORCEMENT OF JUDGMENTS.— 

19 (1) USE FOR COLLECTION.— 

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

21 paragraph (2), the Attorney General shall use 

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

23 fiscal year, to the extent that funds are avail24 able, for the collection of civil and criminal 

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1 cluding restitution judgments where the bene2 ficiaries are the victims of crime. 

3 (B) ALLOCATION.—The funds described in 

4 subparagraph (A) shall be used to enhance, 

5 supplement, and improve the civil and criminal 

6 judgment enforcement efforts of the Depart7 ment of Justice first, and primarily for such ac8 tivities by United States attorneys’ offices. A 

9 portion of the funds described in subparagraph 

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

11 provide legal, investigative, accounting, and 

12 training support to the United States attorneys’ 

13 offices in carrying out civil and criminal debt 

14 collection activities. 

15 (C) LIMITATION.—The funds described in 

16 subparagraph (A) may not be used to determine 

17 whether a defendant is guilty of an offense or 

18 liable to the United States, except incidentally 

19 for the provision of assistance necessary or de20 sirable in a case to ensure the preservation of 

21 assets or the imposition of a judgment, which 

22 assists in the enforcement of a judgment, or in 

23 a proceeding directly related to the failure of a 

24 defendant to satisfy the monetary portion of a 

25 judgment. 


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

2 year following the first fiscal year in which deposits 

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

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

5 increased by a percentage equal to the change in the 

6 Consumer Price Index published by the Bureau of 

7 Labor Statistics of the Department of Labor for the 

8 calendar year preceding that fiscal year. 

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

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

11 amount appropriated in that fiscal year for the pur12 poses described in paragraph (1) is not less than an 

13 amount equal to the amount appropriated for such 

14 activities in fiscal year 2006, adjusted annually in 

15 the same proportion as increases reflected in the 

16 amount of aggregate level of appropriations for the 

17 Executive Office of United States Attorneys and 

18 United States Attorneys. 

19 (e) CURRENT AGENCY SHARE CONTRIBUTIONS.— 

20 After expending amounts in the Fund as provided under 

21 subsection (d), the Attorney General may use amounts re22 maining in the Fund to offset additional agency share con23 tributions made by the Department of Justice for per24 sonnel benefit expenses incurred as a result of this Act 

25 or the amendments made by this Act relating to service 


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

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

3 the Fund shall have no effect on the implementation of 

4 title II or the amendments made by title II. 

5 (f) RETROACTIVE AGENCY SHARE CONTRIBU6 TIONS.—After expending amounts in the Fund as pro7 vided under subsection (e), the Attorney General may use 

8 amounts remaining in the Fund to offset agency share 

9 contributions made by the Department of Justice for per10 sonnel benefit expenses incurred as a result of this Act 

11 or the amendments made by this Act relating to service 

12 as an assistant United States attorney before the date of 

13 enactment of this Act. 

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

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

16 all amounts remaining in the Fund shall be credited, pro17 portionally, to the Federal agencies on behalf of which 

18 debt collection litigation activities were conducted that re19 sulted in deposits under paragraph (1) or (2) of subsection 

20 (b) during that fiscal year. 

21 (h) PAYMENTS TO THE GENERAL FUND.—After ex22 pending amounts in the Fund as provided under sub23 section (g), all amounts remaining in the Fund shall be 

24 deposited with the General Fund of the United States 

25 Treasury. 


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

2 States’’— 

3 (1) includes— 

4 (A) the executive departments, the judicial 

5 and legislative branches, the military depart6 ments, and independent establishments of the 

7 United States; and 

8 (B) corporations primarily acting as in9 strumentalities or agencies of the United 

10 States; and 

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

12 not include any contractor of the United States. 

13 SEC. 107. EFFECTIVE DATES. 

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

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

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

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

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

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

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

21 of enactment of this Act, including any offense which in22 cludes conduct that continued on or after the date of en23 actment of this Act. 


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

2 104 shall apply to any case pending on or after the date 

3 of enactment of this Act. 

4 TITLE II—EQUITABLE RETIRE5 MENT TREATMENT OF AS6 SISTANT UNITED STATES AT7 TORNEYS 

8 SEC. 201. RETIREMENT TREATMENT OF ASSISTANT UNITED 

9 STATES ATTORNEYS. 

10 (a) CIVIL SERVICE RETIREMENT SYSTEM.— 

11 (1) ASSISTANT UNITED STATES ATTORNEY DE12 FINED.—Section 8331 of title 5, United States 

13 Code, is amended— 

14 (A) in paragraph (30), by striking ‘‘and’’ 

15 at the end; 

16 (B) in paragraph (31), by striking the pe17 riod and inserting ‘‘; and’’; and 

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

19 ‘‘(32) ‘assistant United States attorney’— 

20 ‘‘(A) means an assistant United States at21 torney appointed under section 542 of title 28; 

22 and 

23 ‘‘(B) includes an individual— 

24 ‘‘(i) appointed United States attorney 

25 under section 541 or 546 of title 28; 


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

2 assistant United States attorney; and 

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

4 the Enhanced Restitution Enforcement 

5 and Equitable Retirement Treatment Act 

6 of 2009 to be treated as an assistant 

7 United States attorney and solely for the 

8 purposes of this title.’’. 

9 (2) RETIREMENT TREATMENT.—Chapter 83 of 

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

11 after section 8351 the following: 

12 ‘‘§ 8352. Assistant United States attorneys 

13 ‘‘An assistant United States attorney shall be treated 

14 in the same manner and to the same extent as a law en15 forcement officer for purposes of this chapter, except as 

16 follows: 

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

18 mandatory separation) shall not apply. 

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

20 immediate retirement at age 50 with 20 years of 

21 service as a law enforcement officer) shall apply to 

22 assistant United States attorneys except the age for 

23 immediate retirement eligibility shall be 57 instead 

24 of 50.’’. 


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1 (3) TECHNICAL AND CONFORMING AMEND2 MENTS.— 

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

4 sections for chapter 83 of title 5, United States 

5 Code, is amended by inserting after the item re6 lating to section 8351 the following: 

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

7 (B) MANDATORY SEPARATION.—Section 

8 8335(a) of title 5, United States Code, is 

9 amended by striking ‘‘8331(29)(A)’’ and insert10 ing ‘‘8331(30)(A)’’. 

11 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

12 (1) ASSISTANT UNITED STATES ATTORNEY DE13 FINED.—Section 8401 of title 5, United States 

14 Code, is amended— 

15 (A) in paragraph (35), by striking ‘‘and’’ 

16 at the end; 

17 (B) in paragraph (36), by striking the pe18 riod and inserting ‘‘; and’’; and 

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

20 ‘‘(37) ‘assistant United States attorney’— 

21 ‘‘(A) means an assistant United States at22 torney appointed under section 542 of title 28; 

23 and 

24 ‘‘(B) includes an individual— 


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1 ‘‘(i) appointed United States attorney 

2 under section 541 or 546 of title 28; 

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

4 assistant United States attorney; and 

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

6 the Enhanced Restitution Enforcement 

7 and Equitable Retirement Treatment Act 

8 of 2009 to be treated as an assistant 

9 United States attorney and solely for the 

10 purposes of this title.’’. 

11 (2) RETIREMENT TREATMENT.—Section 8402 

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

13 at the end the following: 

14 ‘‘(h) An assistant United States attorney shall be 

15 treated in the same manner and to the same extent as 

16 a law enforcement officer for purposes of this chapter, ex17 cept as follows: 

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

19 mandatory separation) shall not apply. 

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

21 immediate retirement at age 50 with 20 years of 

22 service as a law enforcement officer) shall apply to 

23 assistant United States attorneys except the age for 

24 immediate retirement eligibility shall be 57 instead 

25 of 50.’’. 


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

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

3 amended by adding at the end the following: ‘‘This sub4 section shall not apply in the case of an assistant United 

5 States attorney.’’. 

6 SEC. 202. PROVISIONS RELATING TO INCUMBENTS. 

7 (a) DEFINITIONS.—In this section— 

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

9 means an assistant United States attorney appointed 

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

11 and 

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

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

14 (A) is serving as an assistant United 

15 States attorney; 

16 (B) is serving as a United States Attorney 

17 appointed under section 541 or 546 of title 28, 

18 United States Code; or 

19 (C) is employed by the Department of Jus20 tice and has served at least 10 years as an as21 sistant United States attorney. 

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

23 days after the date of enactment of this Act, the Depart24 ment of Justice shall take measures reasonably designed 

25 to provide notice to incumbents on— 


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

2 (2) the effects of making or not making a time3 ly election under this title. 

4 (c) ELECTION AVAILABLE TO INCUMBENTS.— 

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

6 all purposes, to be treated— 

7 (A) in accordance with the amendments 

8 made by this title; or 

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

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

11 subsection shall not be effective unless the election 

12 is made not later than the earlier of— 

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

14 notice under subsection (b) is provided; or 

15 (B) the date on which the incumbent in16 volved separates from service. 

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

18 timely election under this subsection shall be 

19 deemed— 

20 (A) for an assistant United States attor21 ney, as an election under paragraph (1)(A); and 

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

23 under paragraph (1)(B). 

24 (d) LIMITED RETROACTIVE EFFECT.— 


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

2 an incumbent who elects (or is deemed to have elect3 ed) the option under subsection (c)(1)(A), all service 

4 performed by that individual as an assistant United 

5 States attorney shall— 

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

7 effective date of that election, be treated in ac8 cordance with applicable provisions of sub9 chapter III of chapter 83 or chapter 84 of title 

10 5, United States Code, as amended by this title; 

11 and 

12 (B) to the extent performed before the ef13 fective date of that election, be treated in ac14 cordance with applicable provisions of sub15 chapter III of chapter 83 or chapter 84 of title 

16 5, United States Code, as if the amendments 

17 made by this title had then been in effect. 

18 (2) CREDITABLE SERVICE.—All service per19 formed by an incumbent under an appointment 

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

21 United States Code, and while concurrently em22 ployed by the Department of Justice shall be cred23 ited in the same manner as if performed as an as24 sistant United States attorney. 


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1 (3) NO OTHER RETROACTIVE EFFECT.—Noth2 ing in this title (including the amendments made by 

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

4 of an individual’s employment (apart from those 

5 governed by subchapter III of chapter 83 or chapter 

6 84 of title 5, United States Code) with respect to 

7 any period of service preceding the date on which 

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

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

10 (e) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV11 ICE.— 

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

13 election under subsection (c)(1)(A) shall, with re14 spect to prior service performed by such individual, 

15 deposit, with interest, to the Civil Service Retire16 ment and Disability Fund the difference between the 

17 individual contributions that were actually made for 

18 such service and the individual contributions that 

19 would have been made for such service if the amend20 ments made by this title had then been in effect. 

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

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

23 prior service of the incumbent shall remain fully 

24 creditable as law enforcement officer service, but the 

25 resulting annuity shall be reduced in a manner simiVerDate Nov 24 2008 22:33 Nov 17, 2009 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2786.IS S2786

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1 lar to that described in section 8334(d)(2)(B) of 

2 title 5, United States Code. 

3 (3) PRIOR SERVICE DEFINED.—In this sub4 section, the term ‘‘prior service’’ means, with respect 

5 to any individual who makes an election (or is 

6 deemed to have made an election) under subsection 

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

8 States attorney, but not exceeding 20 years, per9 formed by such individual before the date as of 

10 which applicable retirement deductions begin to be 

11 made in accordance with such election. 

12 (f) REGULATIONS.—The Office of Personnel Manage13 ment shall prescribe regulations necessary to carry out 

14 this title, including provisions under which any interest 

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

16 be determined. 

17 SEC. 203. AGENCY SHARE CONTRIBUTIONS. 

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

19 contributions for personnel benefits incurred as a result 

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

21 paid from the Enhanced Financial Recovery Fund. If in 

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

23 on deposit to satisfy the cost for current agency share con24 tributions for personnel benefits incurred as a result of 


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

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

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

4 retroactive agency share contributions for personnel bene5 fits incurred as a result of this Act or the amendments 

6 made by this Act may be paid from the Enhanced Finan7 cial Recovery Fund. Notwithstanding section 8348(f) or 

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

9 equal to the amount remaining in the Enhanced Financial 

10 Recovery Fund in any fiscal year, after the amounts cred11 ited to the Fund have been expended to satisfy the re12 quirements of subsections (d) and (e) of section 106 of 

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

14 agency share contributions for personnel benefits incurred 

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

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

17 been satisfied in full. 

18 (c) USE OF FUNDS.—Funds appropriated for the De19 partment of Justice shall not be used to pay for the addi20 tional cost for current or retroactive agency share con21 tributions for personnel benefits incurred as a result of 

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

23 directed by the Attorney General. 


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1 SEC. 204. EFFECTIVE DATE. 

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

3 date of enactment of this Act. 

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

5 elects (or is deemed to have elected) the option under sec6 tion 202(c)(1)(A) of this title, the election shall not take 

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

8 Act, except as follows: 

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

10 service as an assistant United States attorney may 

11 choose to have the election take effect at any time 

12 between 6 and 24 months after the date of enact13 ment of this Act. 

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

15 service credited as an assistant United States attor16 ney may choose to have the election take effect at 

17 any time between 12 and 24 months after the enact18 ment of this Act. 

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

20 service credited as an assistant United States attor21 ney may, with the approval of the Attorney General, 

22 choose to have the election take effect at any time 

23 between 6 and 24 months after the date of enact24 ment of this Act. 

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

26 credited as an assistant United States attorney and 


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1 who is currently serving under an appointment 

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

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

4 any time between the enactment of this Act and 24 

5 months after the date of enactment of this Act. 

Æ 


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