[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1729 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1729

    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, 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 authorized 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2007

Mr. Leahy (for himself and Mr. Cochran) 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 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, 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 authorized 
                               purposes.

    Be it enacted by the Senate and House of Representatives 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 imposed upon a 
        defendant if there are any unpaid criminal monetary penalties 
        as of the date specified in subsection (f)(1).
            ``(2) Amount of surcharge.--The surcharge imposed under 
        paragraph (1) shall be--
                    ``(A) 5 percent of the unpaid principal balance; 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 defendant 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 Financial 
                        Recovery Fund established under section 104 of 
                        the Enhanced Financial Recovery and Equitable 
                        Retirement Treatment Act of 2007.
                    ``(B) Restitution.--If a surcharge is imposed under 
                paragraph (1) for a restitution obligation--
                            ``(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 Financial 
                        Recovery Fund established under section 104 of 
                        the Enhanced Financial Recovery and Equitable 
                        Retirement Treatment 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 penalties' 
                includes the principal amount of any amount imposed as 
                a fine, restitution obligation, or special assessment, 
                regardless of whether any payment schedule has been 
                imposed; and
                    ``(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 subsection (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:
``Sec. 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 imposed under subsection 
(a) shall be--
            ``(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 principal 
        payment shall be credited to the Department of Justice Enhanced 
        Financial Recovery Fund established under section 104 of the 
        Enhanced Financial Recovery and Equitable Retirement Treatment 
        Act of 2007.
    ``(d) Surcharges.--For any payment made by a defendant 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 include any 
        amount that is imposed as interest, penalty, or a surcharge; 
        and
            ``(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 judgment 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 ASSESSMENTS.

    Section 3013 of title 18, United States Code, is amended by 
striking subsection (a) and inserting the following:
    ``(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 misdemeanor--
                    ``(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
                            ``(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 defendant 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 section 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--
            (1) 2 percent of any amount collected pursuant to civil 
        debt collection litigation activities of the Department 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 restitution 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 collected 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 available, for the civil and 
                criminal debt collection activities of the Department 
                of Justice, including restitution judgments where the 
                beneficiaries 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 increased 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, 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.
            (2) Use of funds.--
                    (A) In general.--Funds used under paragraph (1) 
                shall be used to enhance, supplement, and improve civil 
                and criminal debt collection 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 Justice to 
                provide legal, investigative, accounting, and training 
                support to the United States attorneys' offices.
                    (B) Limitation on use.--Funds used under paragraph 
                (1) may not be used to determine whether a defendant is 
                guilty of an offense or liability to the United States 
                (except incidentally for the provision of assistance 
                necessary or desirable in a case to ensure the 
                preservation of assets or the imposition of a judgment 
                which 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).
    (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 implementation 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 departments, and 
                independent establishments of the United States; and
                    (B) corporations primarily acting as 
                instrumentalities 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 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 amendments 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 RETIREMENT TREATMENT OF ASSISTANT UNITED STATES 
                               ATTORNEYS

SEC. 201. RETIREMENT TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS.

    (a) Civil Service Retirement System.--
            (1) Assistant united states attorney defined.--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 inserting a 
                semicolon;
                    (C) by redesignating paragraph (29) relating 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:
``Sec. 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-applicability 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 purposes of this chapter.''.
            (3) Technical and conforming amendments.--
                    (A) Table of sections.--The table of sections for 
                chapter 83 of title 5, United States Code, is amended 
                by inserting after the item relating 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 inserting ``8331(30)(A)''.
    (b) Federal Employees' Retirement System.--
            (1) Assistant united states attorney defined.--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 period 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 Financial Recovery and 
Equitable Treatment Act of 2006 (including the provisions relating to 
the non-applicability 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 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 subsection 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.
            (2) the term ``incumbent'' means an individual who is 
        serving as an assistant United States attorney on the effective 
        date of this section.
    (b) Notice Requirement.--Not later than 9 months after the date of 
enactment of this Act, the Department of Justice shall take measures 
reasonably designed to provide notice to incumbents on--
            (1) their election rights under this title; and
            (2) the effects of making or not making a timely 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 paragraph (3).
            (3) Time limitation.--An election under this subsection 
        shall not be effective unless the election is made not later 
        than the earlier of--
                    (A) 120 days after the date on which the notice 
                under subsection (b) is provided; or
                    (B) the date on which the incumbent involved 
                separates from service.
    (d) Limited Retroactive Effect.--
            (1) Effect on retirement.--In the case of an incumbent who 
        elects (or is deemed to have elected) the option under 
        subsection (c)(1)(A), all service performed by that individual 
        as an assistant United States attorney (and, with respect to 
        subparagraph (B) of this paragraph, any service performed by 
        such individual pursuant to an appointment under sections 515, 
        541, 543, and 546 of title 28, United States Code) shall--
                    (A) to the extent performed on or after the 
                effective date of that election, be treated in 
                accordance with applicable provisions of subchapter III 
                of chapter 83 or chapter 84 of title 5, United States 
                Code, as amended by this title; and
                    (B) to the extent performed before the effective 
                date of that election, be treated in accordance with 
                applicable provisions of subchapter III of chapter 83 
                or chapter 84 of title 5, United States Code, as if the 
                amendments made by this title had then been in effect.
            (2) No other retroactive effect.--Nothing 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 Service.--
            (1) In general.--An individual who makes an election under 
        subsection (c)(1)(A) shall, with respect to prior service 
        performed by such individual, deposit, with interest, to the 
        Civil Service Retirement and Disability Fund the difference 
        between the individual contributions that were actually made 
        for such service and the individual contributions that would 
        have been made for such service if the amendments made by 
        section 202 of 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 similar to that described in section 8334(d)(2)(B) of 
        title 5, United States Code.
            (3) Prior service defined.--In this subsection, 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 performed as an assistant 
        United States attorney, but not exceeding 20 years, performed 
        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 Management 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.

SEC. 203. EFFECTIVE DATES.

    (a) In General.--The amendments made by section 201 shall take 
effect on the first day of the first applicable pay period beginning on 
or after 120 days after the date of enactment of this Act.
    (b) Incumbents.--Section 202 of this title shall take effect 120 
days after the date of enactment of this Act.
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