[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4091 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4091
To amend titles 18 and 28 of the United States Code to provide
incentives for the prompt payments of debts owed to the United States
and the victims of crime by imposing late fees on unpaid judgments owed
to the United States and to the victims of crime, to provide for
offsets on amounts collected by the Department of Justice for Federal
agencies, to increase the amount of special assessments imposed upon
convicted persons, to establish an Enhanced Financial Recovery Fund to
enhance, supplement, and improve the debt collection activities of the
Department of Justice, to amend title 5, United States Code, to provide
to assistant United States attorneys the same retirement benefits as
are afforded to Federal law enforcement officers, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2009
Mr. Delahunt (for himself, Mr. Gohmert, Mr. Johnson of Georgia, Mr.
Franks of Arizona, Mr. Moran of Virginia, Mr. Cao, Mr. Hastings of
Florida, Mr. McCaul, Mrs. Davis of California, Mr. Schiff, Mr. Daniel
E. Lungren of California, Mr. Pierluisi, Ms. Baldwin, Mr. Davis of
Alabama, and Mr. Frank of Massachusetts) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Oversight and Government Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend titles 18 and 28 of the United States Code to provide
incentives for the prompt payments of debts owed to the United States
and the victims of crime by imposing late fees on unpaid judgments owed
to the United States and to the victims of crime, to provide for
offsets 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.
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 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.
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 following:
``(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 unpaid 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
individual 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 established under
section 1402 of the Victims 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 Department of
Justice Enhanced Financial Recovery Fund
established under section 106 of the Enhanced
Restitution Enforcement and Equitable
Retirement Treatment Act of 2009.
``(B) Restitution.--Subject to subparagraph (C), if
a late fee is imposed under paragraph (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 Department of
Justice Enhanced Financial Recovery Fund
established under section 106 of the Enhanced
Restitution Enforcement and Equitable
Retirement Treatment Act of 2009.
``(C) Order of payments.--Payments for fines or
restitution shall be applied first to 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 obligations'
does not include any amount that is imposed as
interest, costs, or a late fee;
``(B) the term `principal' does not include any
amount that is imposed as interest, penalty, or a late
fee; and
``(C) the term `restitution' includes any unpaid
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 any other provision of law if
the Attorney General determines that reasonable efforts to
collect the interest, late fee, or penalty are not likely to be
effective.
``(2) Waiver by court.--The court may waive the uncollected
portion of a late fee, upon the motion of the defendant, and a
showing, by a preponderance 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 defendant.''.
(b) Repeal of Delinquency and Default Provisions.--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:
``Sec. 3573. Petition of the Government for modification or remission
``(a) In General.--Upon petition of the Government showing that
reasonable efforts to collect a fine, restitution 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 voluntary consent of the victim is required
before the court may grant such petition. No defendant shall initiate
contact 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 efficient enforcement of
all criminal and civil obligations which are owed to the United
States and enforced by the Department of Justice.
``(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 Justice.''.
SEC. 104. IMPOSITION OF CIVIL LATE FEE.
(a) In General.--Section 3011 of title 28, United States Code, is
amended to read as follows:
``Sec. 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 principal balance for an individual
and 10 percent for any other person.
``(c) Allocation of Payments.--Subject to subsection (d), if a late
fee 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 106 of the
Enhanced Financial Recovery and Equitable Retirement Treatment
Act of 2007.
``(d) Order of Payments.--Payments for a money judgment in a civil
matter shall be applied first to the principal and, if any, the late
fee under subsection (a). 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 a money judgment in a civil matter shall be
applied to the other unpaid obligation. If the principal and the late
fee have been paid in full, all payments for a money judgment in a
civil matter shall then be applied to interest.
``(e) Definitions.--In this section--
``(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, penalties,
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 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 $100 if the defendant is an
individual; and
``(B) the amount of $1,000 if the defendant 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 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; 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 Enhanced Enforcement of
Judgments.--
(1) Use for collection.--
(A) In general.--Except as provided in paragraph
(2), 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 collection of
civil and criminal judgments by the Department of
Justice, including restitution judgments where the
beneficiaries 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 Department of Justice first, and
primarily for such activities 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 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.
(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 purposes 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 remaining in the Fund to offset additional agency share
contributions made by the Department of Justice for personnel 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 Contributions.--After expending
amounts in the Fund as provided 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 personnel 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, proportionally, to the Federal agencies on behalf of
which debt collection litigation activities were conducted that
resulted in deposits under paragraph (1) or (2) of subsection (b)
during that fiscal year.
(h) Payments to the General Fund.--After expending amounts in the
Fund as provided under subsection (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 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. 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 of enactment of this Act, including any offense
which includes conduct that continued on or after the date of enactment
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 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'--
``(A) means an assistant United States attorney
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:
``Sec. 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 enforcement 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 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:
``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 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'--
``(A) means an assistant United States attorney
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 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 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; 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;
(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 Justice and
has served at least 10 years as an assistant United
States attorney.
(b) Notice Requirement.--Not later than 180 days 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) 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
(B) the date on which the incumbent involved
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 attorney, 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 elected) 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
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) Creditable service.--All service performed by an
incumbent under an appointment under section 515, 541, 543, or
546 of title 28, United States Code, and while concurrently
employed by the Department of Justice shall be credited in the
same manner as if performed as an assistant United States
attorney.
(3) 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 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 credited 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. 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 contributions 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 benefits incurred as a result of this
Act or the amendments made by this Act may be paid from the Enhanced
Financial 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 credited to the Fund have been expended to satisfy
the requirements 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.
(c) Use of Funds.--Funds appropriated for the Department of Justice
shall not be used to pay for the additional cost for current or
retroactive agency share contributions 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 section 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 enactment of this Act.
(2) An incumbent with at least 25 years of service credited
as an assistant United States attorney may choose to have the
election take effect at any time between 12 and 24 months after
the enactment of this Act.
(3) An incumbent with at least 20 years of service credited
as an assistant United States attorney 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
enactment 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.
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