I 
110TH CONGRESS 
1ST SESSION H. R. 2878 
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 surcharges 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, 
and to increase the amount of special assessments imposed upon con-
victed 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 enforcements officers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2007 
Mr. DAVIS of Alabama (for himself, Mr. DELAHUNT, Mr. TOM DAVIS of Vir-
ginia, Mr. CANNON, Mr. MCCAUL of Texas, Mr. SCHIFF, Ms. ROS- 
LEHTINEN, Mr. SHAYS, Mr. UDALL of New Mexico, Mr. MORAN of Vir-
ginia, Ms. NORTON, and Mr. CUMMINGS) 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 consider-
ation 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 impos-
ing surcharges 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, and to increase the amount of special 
assessments imposed upon convicted persons; to establish 
an Enhanced Financial Recovery Fund to enhance, sup-
plement 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 enforcements officers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhanced Financial 
Recovery and Equitable Retirement Treatment Act of 
2007’’. 
TITLE I—ENHANCED FINANCIAL 
RECOVERY 
SEC. 101. IMPOSITION OF CRIMINAL SURCHARGE. 
(a) IN GENERAL.—Section 3612 of title 18, United 
States Code, is amended by striking subsection (g) and 
inserting the following: 
‘‘(g) IMPOSITION OF SURCHARGE.— 
‘‘(1) IN GENERAL.—A surcharge shall be im-
posed upon a defendant if there are any unpaid 
criminal monetary penalties as of the date specified 
in subsection (f)(1). 
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‘‘(2) AMOUNT OF SURCHARGE.—The surcharge 
imposed under paragraph (1) shall be— 
‘‘(A) 5 percent of the unpaid principal bal-
ance; or 
‘‘(B) $50, if the unpaid balance is less 
than $1,000. 
‘‘(3) ALLOCATION OF PAYMENTS.— 
‘‘(A) FINE OR SPECIAL ASSESSMENT.—If a 
surcharge is imposed under paragraph (1) for a 
fine or special assessment— 
‘‘(i) an amount equal to 95 percent of 
each principal payment made by a defend-
ant shall be credited to the Crime Victims 
Fund established under section 1402 of 
the Victims of Crime Act of 1984 (42 
U.S.C. 10601); and 
‘‘(ii) an amount equal to 5 percent of 
each principal payment shall be credited to 
the Department of Justice Enhanced Fi-
nancial Recovery Fund established under 
section 104 of the Enhanced Financial Re-
covery and Equitable Retirement Treat-
ment Act of 2007. 
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‘‘(B) RESTITUTION.—If a surcharge is im-
posed under paragraph (1) for a restitution ob-
ligation— 
‘‘(i) an amount equal to 95 percent of 
each principal payment shall be paid to 
any victim identified by the court; and 
‘‘(ii) an amount equal to 5 percent of 
each principal payment shall be credited to 
the Department of Justice Enhanced Fi-
nancial Recovery Fund established under 
section 104 of the Enhanced Financial Re-
covery and Equitable Retirement Treat-
ment Act of 2007. 
‘‘(C) SURCHARGES.—For any payment 
made by a defendant after the full amount of 
a surcharge imposed under paragraph (1) has 
been satisfied, the full amount of such payment 
shall be credited to the principal amount due or 
accrued interest, as the case may be. 
‘‘(4) DEFINITIONS.—In this section— 
‘‘(A) the term ‘criminal monetary pen-
alties’ includes the principal amount of any 
amount imposed as a fine, restitution obliga-
tion, or special assessment, regardless of wheth-
er any payment schedule has been imposed; and 
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‘‘(B) the term ‘principal payment’ does not 
include any amount that is imposed as interest, 
penalty, or a surcharge.’’. 
(b) CONFORMING AMENDMENTS.—Section 3612 of 
title 18, United States Code, is amended— 
(1) by striking subsections (d) and (e); and 
(2) by redesignating subsections (f) through (i), 
as amended by this Act, as subsections (d) through 
(g), respectively. 
SEC. 102. IMPOSITION OF CIVIL SURCHARGE. 
(a) IN GENERAL.—Section 3011 of title 28, United 
States Code, is amended to read as follows: 
‘‘§ 3011. Imposition of surcharge 
‘‘(a) IN GENERAL.—A surcharge shall be imposed on 
a defendant if there is an unpaid balance due to the 
United States on any money judgment in a civil matter 
recovered in a district court as of— 
‘‘(1) the fifteenth day after the date of the 
judgment; or 
‘‘(2) if the day described in paragraph (1) is a 
Saturday, Sunday, or legal public holiday, the next 
day that is not a Saturday, Sunday, or legal holiday. 
‘‘(b) AMOUNT
OF SURCHARGE.—A surcharge im-
posed under subsection (a) shall be— 
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‘‘(1) 5 percent of the unpaid principal balance; 
or 
‘‘(2) $50, if the unpaid balance is less than 
$1,000. 
‘‘(c) ALLOCATION OF PAYMENTS.—If a surcharge is 
imposed under subsection (a)— 
‘‘(1) an amount equal to 95 percent of each 
principal payment made by a defendant shall be 
credited as otherwise provided by law; and 
‘‘(2) an amount equal to 5 percent of each prin-
cipal payment shall be credited to the Department of 
Justice Enhanced Financial Recovery Fund estab-
lished under section 104 of the Enhanced Financial 
Recovery and Equitable Retirement Treatment Act 
of 2007. 
‘‘(d) SURCHARGES.—For any payment made by a de-
fendant after the full amount of a surcharge imposed 
under subsection(a) has been satisfied, the full amount of 
such payment shall be credited to the principal amount 
due or accrued interest, as the case may be. 
‘‘(e) DEFINITIONS.—In this section— 
‘‘(1) the term ‘principal payment’ does not in-
clude any amount that is imposed as interest, pen-
alty, or a surcharge; and 
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‘‘(2) the term ‘unpaid balance due to the 
United States’ includes any unpaid balance due to a 
person that was represented by the Department of 
Justice in the civil matter in which the money judg-
ment was entered.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections at the beginning of subchapter A 
of chapter 176 of title 28, United States Code, is amended 
by striking the item relating to section 3011 and inserting 
the following: 
‘‘3011. Imposition of surcharge.’’. 
SEC. 103. INCREASE IN THE AMOUNT OF SPECIAL ASSESS-
MENTS. 
Section 3013 of title 18, United States Code, is 
amended by striking subsection (a) and inserting the fol-
lowing: 
‘‘(a) The court shall assess on any person convicted 
of an offense against the United States— 
‘‘(1) in the case of an infraction or a mis-
demeanor— 
‘‘(A) if the defendant is an individual— 
‘‘(i) the amount of $10 in the case of 
an infraction or a class C misdemeanor; 
‘‘(ii) the amount of $25 in the case of 
a class B misdemeanor; and 
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‘‘(iii) the amount of $100 in the case 
of a class A misdemeanor; and 
‘‘(B) if the defendant is a person other 
than an individual— 
‘‘(i) the amount of $100 in the case of 
an infraction or a class C misdemeanor; 
‘‘(ii) the amount of $200 in the case 
of a class B misdemeanor; and 
‘‘(iii) the amount of $500 in the case 
of a class A misdemeanor; and 
‘‘(2) in the case of a felony— 
‘‘(A) the amount of $200 if the defendant 
is an individual; and 
‘‘(B) the amount of $1,000 if the defend-
ant is a person other than an individual.’’. 
SEC. 104. ENHANCED FINANCIAL RECOVERY FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury a separate account known as the Department 
of Justice Enhanced Financial Recovery Fund (in this sec-
tion referred to as the ‘‘Fund’’). 
(b) DEPOSITS.—Notwithstanding section 3302 of 
title 31, United States Code, or any other law regarding 
the crediting of collections, there shall be credited as an 
offsetting collection to the Fund an amount equal to— 
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(1) 2 percent of any amount collected pursuant 
to civil debt collection litigation activities of the De-
partment of Justice (in addition to any amount 
credited under section 11013 of the 21st Century 
Department of Justice Appropriations Authorization 
Act (28 U.S.C. 527 note)); 
(2) 5 percent of all amounts collected as res-
titution due to the United States pursuant to the 
criminal debt collection litigation activities of the 
Department of Justice; 
(3) any surcharge collected under section 
3612(g) of title 18, United States Code, as amended 
by this Act, or section 3011 of title 28, United 
States Code, as amended by this Act; and 
(4) 50 percent of any special assessment col-
lected under section 3013(a) of title 18, United 
States Code, as amended by this Act. 
(c) AVAILABILITY.—The amounts credited to the 
Fund shall remain available until expended. 
(d) PAYMENTS FROM THE FUND.— 
(1) AMOUNT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Attorney General shall 
use not less than $20,000,000 of the Fund in 
each fiscal year, to the extent that funds are 
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available, for the civil and criminal debt collec-
tion activities of the Department of Justice, in-
cluding restitution judgments where the bene-
ficiaries are the victims of crime. 
(B) EXCEPTIONS.— 
(i) ADJUSTMENT
OF
AMOUNT.—In 
each fiscal year following the first fiscal 
year in which deposits into the Fund are 
greater than $20,000,000, the amount to 
be used under paragraph (1) shall be in-
creased by a percentage equal to the 
change in the Consumer Price Index for 
the calendar year preceding that fiscal 
year. 
(ii) LIMITATION.—In any fiscal year, 
amounts in the Fund shall be available to 
the extent that the amount appropriated in 
that fiscal year for the purposes described 
in subparagraph (A) is not less than an 
amount equal to the amount appropriated 
for such activities in fiscal year 2006, ad-
justed annually in the same proportion as 
increases reflected in the amount of aggre-
gate level of appropriations for the Execu-
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tive Office of United States Attorneys and 
United States Attorneys. 
(2) USE OF FUNDS.— 
(A) IN
GENERAL.—Funds used under 
paragraph (1) shall be used to enhance, supple-
ment, and improve civil and criminal debt col-
lection litigation activities of the Department of 
Justice, primarily such activities by United 
States attorneys’ offices. A portion of such 
sums may be used by the Department of Jus-
tice to provide legal, investigative, accounting, 
and training support to the United States attor-
neys’ offices. 
(B) LIMITATION
ON
USE.—Funds used 
under paragraph (1) may not be used to deter-
mine whether a defendant is guilty of an of-
fense or liability to the United States (except 
incidentally for the provision of assistance nec-
essary or desirable in a case to ensure the pres-
ervation of assets or the imposition of a judg-
ment which assists in the enforcement of a 
judgment or in a proceeding directly related to 
the failure of a defendant to satisfy the mone-
tary portion of a judgment). 
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(e) OTHER USE
OF FUNDS.—After using funds 
under subsection (d), the Attorney General may use 
amounts remaining in the Fund for additional civil or 
criminal debt collection activities, for personnel expenses, 
for personnel benefit expenses incurred as a result of this 
Act or the amendments made by this Act, or for other 
prosecution and litigation expenses. The availability of 
amounts from the Fund shall have no effect on the imple-
mentation of title II or the amendments made by title II. 
(f) DEFINITION.—In this section, the term ‘‘United 
States’’— 
(1) includes— 
(A) the executive departments, the judicial 
and legislative branches, the military depart-
ments, and independent establishments of the 
United States; and 
(B) corporations primarily acting as in-
strumentalities or agencies of the United 
States; and 
(2) except as provided in paragraph (1), does 
not include any contractor of the United States. 
SEC. 105. EFFECTIVE DATES. 
(a) IN GENERAL.—The amendments made by section 
101 and section 103 shall apply to any offense committed 
on or after the date of enactment of this Act, including 
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any offense involving conduct that continued on or after 
the date of enactment of this Act. 
(b) FUND AND SURCHARGES.— 
(1) IN GENERAL.—Section 104 and the amend-
ments made by section 102 shall take effect 30 days 
after the date of enactment of this Act. 
(2) PENDING CASES.—The amendments made 
by section 102 shall apply to any case pending on 
or after the date of enactment of this Act. 
TITLE II—EQUITABLE RETIRE-
MENT 
TREATMENT 
OF 
AS-
SISTANT UNITED STATES AT-
TORNEYS 
SEC. 201. RETIREMENT TREATMENT OF ASSISTANT UNITED 
STATES ATTORNEYS. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.— 
(1) ASSISTANT UNITED STATES ATTORNEY DE-
FINED.—Section 8331 of title 5, United States 
Code, is amended— 
(A) in paragraph (28), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (29) relating to dynamic 
assumptions, by striking the period and insert-
ing a semicolon; 
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(C) by redesignating paragraph (29) relat-
ing to air traffic controllers as paragraph (30); 
(D) in paragraph (30), as so redesignated, 
by striking the period and inserting ‘‘; and’’; 
and 
(E) by adding at the end the following: 
‘‘(31) ‘assistant United States attorney’ means 
an assistant United States attorney appointed under 
section 542 of title 28.’’. 
(2) RETIREMENT TREATMENT.—Chapter 83 of 
title 5, United States Code, is amended by adding 
after section 8351 the following: 
‘‘§ 8352. Assistant United States attorneys 
‘‘Except as provided under the Enhanced Financial 
Recovery and Equitable Retirement Treatment Act of 
2007 (including the provisions relating to the non-applica-
bility of mandatory separation requirements under section 
8335(b) and 8425(b) of this title), an assistant United 
States attorney shall be treated in the same manner and 
to the same extent as a law enforcement officer for pur-
poses of this chapter.’’. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) TABLE OF SECTIONS.—The table of 
sections for chapter 83 of title 5, United States 
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Code, is amended by inserting after the item re-
lating to section 8351 the following: 
‘‘8352. Assistant United States attorneys.’’. 
(B) MANDATORY
SEPARATION.—Section 
8335(a) of title 5, United States Code, is 
amended by striking ‘‘8331(29)(A)’’ and insert-
ing ‘‘8331(30)(A)’’. 
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 
(1) ASSISTANT UNITED STATES ATTORNEY DE-
FINED.—Section 8401 of title 5, United States 
Code, is amended— 
(A) in paragraph (34), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (35), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(36) ‘assistant United States attorney’ means 
an assistant United States attorney appointed under 
section 542 of title 28.’’. 
(2) RETIREMENT TREATMENT.—Section 8402 
of title 5, United States Code, is amended by adding 
at the end the following: 
‘‘(h) Except as provided under the Enhanced Finan-
cial Recovery and Equitable Treatment Act of 2006 (in-
cluding the provisions relating to the non-applicability of 
mandatory separation requirements under section 8335(b) 
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and 8425(b) of this title), an assistant United States at-
torney shall be treated in the same manner and to the 
same extent as a law enforcement officer for purposes of 
this chapter.’’. 
(c) MANDATORY SEPARATION.—Sections 8335(b)(1) 
and 8425(b)(1) of title 5, United States Code, are each 
amended by adding at the end the following: ‘‘This sub-
section shall not apply in the case of an assistant United 
States attorney.’’. 
SEC. 202. PROVISIONS RELATING TO INCUMBENTS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘assistant United States attorney’’ 
means an assistant United States attorney appointed 
under section 542 of title 28, United States Code; 
and 
(2) the term ‘‘incumbent’’ means an individual 
who is serving as an assistant United States attor-
ney on the 120th day after the date of enactment of 
this Act. 
(b) NOTICE
REQUIREMENT.—Not later than 9 
months after the date of enactment of this Act, the De-
partment of Justice shall take measures reasonably de-
signed to provide notice to incumbents on— 
(1) their election rights under this title; and 
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(2) the effects of making or not making a time-
ly election under this title. 
(c) 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 title; or 
(B) as if this title 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 para-
graph (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 (b) is provided; or 
(B) the date on which the incumbent in-
volved separates from service. 
(d) LIMITED RETROACTIVE EFFECT.— 
(1) EFFECT ON RETIREMENT.—In the case of 
an incumbent who elects (or is deemed to have elect-
ed) the option under subsection (c)(1)(A), all service 
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performed by that individual as an assistant United 
States attorney shall— 
(A) to the extent performed on or after the 
effective date of that election, be treated in ac-
cordance with applicable provisions of sub-
chapter III of chapter 83 or chapter 84 of title 
5, United States Code, as amended by this title; 
and 
(B) to the extent performed before the ef-
fective date of that election, be treated in ac-
cordance with applicable provisions of sub-
chapter III of chapter 83 or chapter 84 of title 
5, United States Code, as if the amendments 
made by this title had then been in effect. 
Any service performed by the incumbent pursuant to 
an appointment under section 515, 541, 543, or 546 
of title 28, United States Code, shall, for purposes 
of subparagraph (B), be treated in the same manner 
as if performed as an assistant United States attor-
ney; this sentence shall not be taken into account for 
purposes of determining whether or not an indi-
vidual is an incumbent. 
(2) NO OTHER RETROACTIVE EFFECT.—Noth-
ing in this title (including the amendments made by 
this title) shall affect any of the terms or conditions 
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