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. DAN-
IEL 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 addi-
tion 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 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 as-
sessments 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 attor-
neys the same retirement benefits as are afforded to 
Federal law enforcement 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 Restitution 
Enforcement and Equitable Retirement Treatment Act of 
2009’’. 
SEC. 2. TABLE OF CONTENTS. 
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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TITLE I—ENHANCED FINANCIAL 
RECOVERY 
SEC. 101. UNPAID FINES AND RESTITUTION. 
(a) IN GENERAL.—Section 3612 of title 18, United 
States Code, is amended— 
(1) by striking subsections (d), (e), (g), (h), and 
(i); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) IMPOSITION OF LATE FEE.— 
‘‘(1) IN GENERAL.—A late fee shall be imposed 
upon a defendant if fines or restitution obligations 
of the defendant totaling not less than $2,500 un-
paid as of the date specified in subsection (f)(1). 
The late fee imposed under this paragraph shall be 
5 percent of the unpaid principal balance for an in-
dividual and 10 percent for any other person. 
‘‘(2) ALLOCATION OF PAYMENTS.— 
‘‘(A) FINE.—Subject to subparagraph (C), 
if a late fee is imposed under paragraph (1) for 
a fine— 
‘‘(i) an amount equal to 95 percent of 
each payment made by a defendant shall 
be credited to the Crime Victims Fund es-
tablished under section 1402 of the Vic-
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tims of Crime Act of 1984 (42 U.S.C. 
10601) or as otherwise provided in that 
section; and 
‘‘(ii) an amount equal to 5 percent of 
each payment shall be credited to the De-
partment of Justice Enhanced Financial 
Recovery Fund established under section 
106 of the Enhanced Restitution Enforce-
ment and Equitable Retirement Treatment 
Act of 2009. 
‘‘(B) RESTITUTION.—Subject to subpara-
graph (C), if a late fee is imposed under para-
graph (1) for a restitution obligation— 
‘‘(i) an amount equal to 95 percent of 
each payment shall be paid to any victim 
identified by the court; and 
‘‘(ii) an amount equal to 5 percent of 
each payment shall be credited to the De-
partment of Justice Enhanced Financial 
Recovery Fund established under section 
106 of the Enhanced Restitution Enforce-
ment and Equitable Retirement Treatment 
Act of 2009. 
‘‘(C) ORDER
OF
PAYMENTS.—Payments 
for fines or restitution shall be applied first to 
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the principal and, if any, the late fee under 
paragraph (1). If the amount due on either the 
principal or the late fee has been paid in full 
and the other amount due remains unpaid, all 
payments for fines or restitution shall then be 
applied to the other unpaid obligation. If the 
principal and the late fee have been paid in full, 
all payments for fines or restitution shall then 
be applied to interest. 
‘‘(3) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘fines or restitution obliga-
tions’ does not include any amount that is im-
posed as interest, costs, or a late fee; 
‘‘(B) the term ‘principal’ does not include 
any amount that is imposed as interest, pen-
alty, or a late fee; and 
‘‘(C) the term ‘restitution’ includes any un-
paid balance due to a person identified in any 
judgment, or order of restitution, entered in 
any criminal case. 
‘‘(e) WAIVER
OF INTEREST, PENALTY, OR LATE 
FEES.— 
‘‘(1) IN GENERAL.—The Attorney General may 
waive all or part of any interest or late fee under 
this section or any interest or penalty imposed under 
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any other provision of law if the Attorney General 
determines that reasonable efforts to collect the in-
terest, late fee, or penalty are not likely to be effec-
tive. 
‘‘(2) WAIVER BY COURT.—The court may waive 
the uncollected portion of a late fee, upon the mo-
tion of the defendant, and a showing, by a prepon-
derance of the evidence, that— 
‘‘(A) the defendant has made a good faith 
effort to satisfy all unpaid fines or restitution 
obligations; 
‘‘(B) despite the good faith efforts of the 
defendant, the defendant is not likely to satisfy 
the obligations within the time provided for 
under section 3613 of this title; and 
‘‘(C) the continued collection of a late fee 
would constitute an undue burden upon the de-
fendant.’’. 
(b) REPEAL OF DELINQUENCY AND DEFAULT PRO-
VISIONS.—Section 3572 of title 18, United States Code, 
is amended by striking subsections (h) and (i). 
SEC. 102. REMISSION OF CRIMINAL MONETARY PENALTIES. 
Section 3573 of title 18, United States Code, is 
amended to read as follows: 
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‘‘§ 3573. Petition of the Government for modification 
or remission 
‘‘(a) IN GENERAL.—Upon petition of the Govern-
ment showing that reasonable efforts to collect a fine, res-
titution obligation, or special assessment are not likely to 
be effective, the court may, in the interest of justice, remit 
all or any part of the fine, restitution obligation, or special 
assessment, including interest, penalty, and late fees. 
‘‘(b) VICTIMS OTHER THAN THE UNITED STATES.— 
In the case of a restitution obligation owed to a victim 
other than the United States, the express and clearly vol-
untary consent of the victim is required before the court 
may grant such petition. No defendant shall initiate con-
tact with a victim for the purpose of securing consent to 
a possible remission except through counsel, the United 
States attorney, or in such a manner as first approved 
by the court as safe and noncoercive.’’. 
SEC. 103. PRIORITIZATION OF RESTITUTION EFFORTS. 
Section 3771 of title 18, United States Code, is 
amended by adding the following subsection: 
‘‘(g) GUIDELINES.— 
‘‘(1) IN GENERAL.—The Attorney General shall 
promulgate guidelines to ensure the effective and ef-
ficient enforcement of all criminal and civil obliga-
tions which are owed to the United States and en-
forced by the Department of Justice. 
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‘‘(2) CONTENTS.—The guidelines promulgated 
under paragraph (1) shall require consideration, in 
making decisions relating to enforcement of criminal 
and civil obligations which are owed to the United 
States, of the amount due, the amount collectible, 
and whether the amount is due to individuals who 
are not likely to be able to enforce the obligation 
without assistance from the Department of Jus-
tice.’’. 
SEC. 104. IMPOSITION OF CIVIL LATE FEE. 
(a) IN GENERAL.—Section 3011 of title 28, United 
States Code, is amended to read as follows: 
‘‘§ 3011. Imposition of late fee 
‘‘(a) IN GENERAL.—A late fee 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 LATE FEE.—A late fee imposed 
under subsection (a) shall be 5 percent of the unpaid prin-
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‘‘(1) the term ‘principal’ does not include any 
amount that is imposed as interest, penalty, or a 
late fee; and 
‘‘(2) the term ‘unpaid balance due to the 
United States’— 
‘‘(A) includes any unpaid balance due to a 
person that was represented by the Department 
of Justice in the civil matter in which the 
money judgment was entered; and 
‘‘(B) does not include interest, costs, pen-
alties, or late fees.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for 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 late fee.’’. 
SEC. 105. 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— 
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‘‘(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 
‘‘(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 $100 if the defendant 
is an individual; and 
‘‘(B) the amount of $1,000 if the defend-
ant is not an individual.’’. 
SEC. 106. 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’’). 
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(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— 
(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; and 
(3) any late fee collected under section 3612 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. 
(c) AVAILABILITY.—The amounts credited to the 
Fund shall remain available until expended. 
(d) PAYMENTS FROM THE FUND TO SUPPORT EN-
HANCED ENFORCEMENT OF JUDGMENTS.— 
(1) USE FOR COLLECTION.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), the Attorney General shall use 
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not less than $20,000,000 of the Fund in each 
fiscal year, to the extent that funds are avail-
able, for the collection of civil and criminal 
judgments by the Department of Justice, in-
cluding restitution judgments where the bene-
ficiaries are the victims of crime. 
(B) ALLOCATION.—The funds described in 
subparagraph (A) shall be used to enhance, 
supplement, and improve the civil and criminal 
judgment enforcement efforts of the Depart-
ment of Justice first, and primarily for such ac-
tivities by United States attorneys’ offices. A 
portion of the funds described in subparagraph 
(A) may be used by the Attorney General to 
provide legal, investigative, accounting, and 
training support to the United States attorneys’ 
offices in carrying out civil and criminal debt 
collection activities. 
(C) LIMITATION.—The funds described in 
subparagraph (A) may not be used to determine 
whether a defendant is guilty of an offense or 
liable to the United States, except incidentally 
for the provision of assistance necessary or de-
sirable in a case to ensure the preservation of 
assets or the imposition of a judgment, which 
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assists in the enforcement of a judgment, or in 
a proceeding directly related to the failure of a 
defendant to satisfy the monetary portion of a 
judgment. 
(2) 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)(A) shall be 
increased by a percentage equal to the change in the 
Consumer Price Index published by the Bureau of 
Labor Statistics of the Department of Labor for the 
calendar year preceding that fiscal year. 
(3) 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 pur-
poses described in paragraph (1) is not less than an 
amount equal to the amount appropriated for such 
activities in fiscal year 2006, adjusted annually in 
the same proportion as increases reflected in the 
amount of aggregate level of appropriations for the 
Executive Office of United States Attorneys and 
United States Attorneys. 
(e) CURRENT AGENCY SHARE CONTRIBUTIONS.— 
After expending amounts in the Fund as provided under 
subsection (d), the Attorney General may use amounts re-
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maining in the Fund to offset additional agency share con-
tributions made by the Department of Justice for per-
sonnel benefit expenses incurred as a result of this Act 
or the amendments made by this Act relating to service 
as an assistant United States attorney on or after the date 
of enactment of this Act. The availability of amounts from 
the Fund shall have no effect on the implementation of 
title II or the amendments made by title II. 
(f) RETROACTIVE
AGENCY
SHARE
CONTRIBU-
TIONS.—After expending amounts in the Fund as pro-
vided under subsection (e), the Attorney General may use 
amounts remaining in the Fund to offset agency share 
contributions made by the Department of Justice for per-
sonnel benefit expenses incurred as a result of this Act 
or the amendments made by this Act relating to service 
as an assistant United States attorney before the date of 
enactment of this Act. 
(g) REBATE OF AGENCY OFFSETS.—After expending 
amounts in the Fund as provided under subsection (f), 
all amounts remaining in the Fund shall be credited, pro-
portionally, to the Federal agencies on behalf of which 
debt collection litigation activities were conducted that re-
sulted in deposits under paragraph (1) or (2) of subsection 
(b) during that fiscal year. 
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(h) PAYMENTS TO THE GENERAL FUND.—After ex-
pending amounts in the Fund as provided under sub-
section (g), all amounts remaining in the Fund shall be 
deposited with the General Fund of the United States 
Treasury. 
(i) 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. 107. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided in this section, 
this title and the amendments made by this title shall take 
effect 30 days after the date of enactment of this Act. 
(b) CRIMINAL CASES.—The amendments made by 
section 105 and subsection (d) of section 3612 of title 18, 
United States Code, as added by section 101 of this Act, 
shall apply to any offense committed on or after the date 
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of enactment of this Act, including any offense which in-
cludes conduct that continued on or after the date of en-
actment of this Act. 
(c) CIVIL CASES.—The amendments made by section 
104 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; 
(C) by redesignating paragraph (29) relat-
ing to air traffic controllers as paragraph (30); 
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(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’— 
‘‘(A) means an assistant United States at-
torney appointed under section 542 of title 28; 
and 
‘‘(B) includes an individual— 
‘‘(i) appointed United States attorney 
under section 541 or 546 of title 28; 
‘‘(ii) who has previously served as an 
assistant United States attorney; and 
‘‘(iii) who elects under section 202 of 
the Enhanced Restitution Enforcement 
and Equitable Retirement Treatment Act 
of 2009 to be treated as an assistant 
United States attorney and solely for the 
purposes of this title.’’. 
(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 
‘‘An assistant United States attorney shall be treated 
in the same manner and to the same extent as a law en-
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forcement officer for purposes of this chapter, except as 
follows: 
‘‘(1) Section 8335(b)(1) of this title (relating to 
mandatory separation) shall not apply. 
‘‘(2) Section 8336(c)(1) of this title (relating to 
immediate retirement at age 50 with 20 years of 
service as a law enforcement officer) shall apply to 
assistant United States attorneys except the age for 
immediate retirement eligibility shall be 57 instead 
of 50.’’. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) TABLE OF SECTIONS.—The table of 
sections for chapter 83 of title 5, United States 
Code, is amended by inserting after the item re-
lating to section 8351 the following: 
‘‘Sec. 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— 
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(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’— 
‘‘(A) means an assistant United States at-
torney appointed under section 542 of title 28; 
and 
‘‘(B) includes an individual— 
‘‘(i) appointed United States attorney 
under section 541 or 546 of title 28; 
‘‘(ii) who has previously served as an 
assistant United States attorney; and 
‘‘(iii) who elects under section 202 of 
the Enhanced Restitution Enforcement 
and Equitable Retirement Treatment Act 
of 2009 to be treated as an assistant 
United States attorney and solely for the 
purposes of this title.’’. 
(2) RETIREMENT TREATMENT.—Section 8402 
of title 5, United States Code, is amended by adding 
at the end the following: ‘‘An assistant United 
States attorney shall be treated in the same manner 
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and to the same extent as a law enforcement officer 
for purposes of this chapter, except as follows: 
‘‘(1) Section 8425(b)(1) of this title (relating to 
mandatory separation) shall not apply. 
‘‘(2) Section 8412(d) of this title (relating to 
immediate retirement at age 50 with 20 years of 
service as a law enforcement officer) shall apply to 
assistant United States attorneys except the age for 
immediate retirement eligibility shall be 57 instead 
of 50.’’. 
(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, on the date of enactment of this Act— 
(A) is serving as an assistant United 
States attorney; 
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(B) is serving as a United States Attorney 
appointed under section 541 or 546 of title 28, 
United States Code; or 
(C) is employed by the Department of Jus-
tice and has served at least 10 years as an as-
sistant United States attorney. 
(b) NOTICE REQUIREMENT.—Not later than 180 
days after the date of enactment of this Act, the Depart-
ment of Justice shall take measures reasonably designed 
to provide notice to incumbents on— 
(1) their election rights under this title; and 
(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) TIME LIMITATION.—An election under this 
subsection shall not be effective unless the election 
is made not later than the earlier of— 
(A) 180 days after the date on which the 
notice under subsection (b) is provided; or 
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(B) the date on which the incumbent in-
volved separates from service. 
(3) FAILURE TO ELECT.—Failure to make a 
timely election under this subsection shall be 
deemed— 
(A) for an assistant United States attor-
ney, as an election under paragraph (1)(A); and 
(B) for any other incumbent, as an election 
under paragraph (1)(B). 
(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 
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 
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5, United States Code, as if the amendments 
made by this title had then been in effect. 
(2) CREDITABLE
SERVICE.—All service per-
formed by an incumbent under an appointment 
under section 515, 541, 543, or 546 of title 28, 
United States Code, and while concurrently em-
ployed by the Department of Justice shall be cred-
ited in the same manner as if performed as an as-
sistant United States attorney. 
(3) NO OTHER RETROACTIVE EFFECT.—Noth-
ing in this title (including the amendments made by 
this title) 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 (c) is 
made (or is deemed to have been made). 
(e) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV-
ICE.— 
(1) IN GENERAL.—An individual who makes an 
election under subsection (c)(1)(A) shall, with re-
spect to prior service performed by such individual, 
deposit, with interest, to the Civil Service Retire-
ment and Disability Fund the difference between the 
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individual contributions that were actually made for 
such service and the individual contributions that 
would have been made for such service if the amend-
ments made by this title had then been in effect. 
(2) EFFECT
OF
NOT
CONTRIBUTING.—If the 
deposit required under paragraph (1) is not 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 simi-
lar to that described in section 8334(d)(2)(B) of 
title 5, United States Code. 
(3) PRIOR
SERVICE
DEFINED.—In this sub-
section, the term ‘‘prior service’’ means, with respect 
to any individual who makes an election (or is 
deemed to have made an election) under subsection 
(c)(1)(A), all service credited as an assistant United 
States attorney, but not exceeding 20 years, per-
formed by such individual before the date as of 
which applicable retirement deductions begin to be 
made in accordance with such election. 
(f) REGULATIONS.—The Office of Personnel Manage-
ment shall prescribe regulations necessary to carry out 
this title, including provisions under which any interest 
due on the amount described under subsection (e) shall 
be determined. 
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SEC. 203. AGENCY SHARE CONTRIBUTIONS. 
(a) IN GENERAL.—The cost for current agency share 
contributions for personnel benefits incurred as a result 
of this Act or the amendments made by this Act may be 
paid from the Enhanced Financial Recovery Fund. If in 
any fiscal year the Fund does not have a sufficient amount 
on deposit to satisfy the cost for current agency share con-
tributions for personnel benefits incurred as a result of 
this Act or the amendments made by this Act, the amount 
of the insufficiency shall be due the next fiscal year. 
(b) RETROACTIVE AGENCY SHARE.—The cost for 
retroactive agency share contributions for personnel bene-
fits incurred as a result of this Act or the amendments 
made by this Act may be paid from the Enhanced Finan-
cial Recovery Fund. Notwithstanding section 8348(f) or 
section 8423(b) of title 5, United States Code, an amount 
equal to the amount remaining in the Enhanced Financial 
Recovery Fund in any fiscal year, after the amounts cred-
ited to the Fund have been expended to satisfy the re-
quirements of subsections (d) and (e) of section 106 of 
this Act, shall be credited toward the cost for retroactive 
agency share contributions for personnel benefits incurred 
as a result of this Act or the amendments made by this 
Act until such cost, along with accumulated interest, has 
been satisfied in full. 
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(c) USE OF FUNDS.—Funds appropriated for the De-
partment of Justice shall not be used to pay for the addi-
tional cost for current or retroactive agency share con-
tributions for personnel benefits incurred as a result of 
this Act or the amendments made by this Act except as 
directed by the Attorney General. 
SEC. 204. EFFECTIVE DATE. 
(a) IN GENERAL.—This title shall take effect on the 
date of enactment of this Act. 
(b) INCUMBENTS.—In the case of an incumbent who 
elects (or is deemed to have elected) the option under sec-
tion 202(c)(1)(A) of this title, the election shall not take 
effect until 24 months after the date of enactment of this 
Act, except as follows: 
(1) An incumbent with at least 30 years of 
service as an assistant United States attorney may 
choose to have the election take effect at any time 
between 6 and 24 months after the date of enact-
ment of this Act. 
(2) An incumbent with at least 25 years of 
service credited as an assistant United States attor-
ney may choose to have the election take effect at 
any time between 12 and 24 months after the enact-
ment of this Act. 
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(3) An incumbent with at least 20 years of 
service credited as an assistant United States attor-
ney may, with the approval of the Attorney General, 
choose to have the election take effect at any time 
between 6 and 24 months after the date of enact-
ment of this Act. 
(4) An incumbent with at least 20 years service 
credited as an assistant United States attorney and 
who is currently serving under an appointment 
under section 541 or 546 of title 28, United States 
Code, may choose to have the election take effect at 
any time between the enactment of this Act and 24 
months after the date of enactment of this Act. 
Æ 
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