[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2786 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2786

    To amend titles 18 and 28 of the United States Code to provide 
 incentives for the prompt payments of debts owed to the United States 
and the victims of crime by imposing late fees on unpaid judgments owed 
   to the United States and to the victims of crime, to provide for 
 offsets on amounts collected by the Department of Justice for Federal 
 agencies, to increase the amount of special assessments imposed upon 
convicted persons, to establish an Enhanced Financial Recovery Fund to 
enhance, supplement, and improve the debt collection activities of the 
Department of Justice, to amend title 5, United States Code, to provide 
 to assistant United States attorneys the same retirement benefits as 
    are afforded to Federal law enforcement officers, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2009

 Mr. Leahy (for himself and Mr. Hatch) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend titles 18 and 28 of the United States Code to provide 
 incentives for the prompt payments of debts owed to the United States 
and the victims of crime by imposing late fees on unpaid judgments owed 
   to the United States and to the victims of crime, to provide for 
 offsets on amounts collected by the Department of Justice for Federal 
 agencies, to increase the amount of special assessments imposed upon 
convicted persons, to establish an Enhanced Financial Recovery Fund to 
enhance, supplement, and improve the debt collection activities of 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 (30), by striking ``and'' at the 
                end;
                    (B) in paragraph (31), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(32) `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 (35), by striking ``and'' at the 
                end;
                    (B) in paragraph (36), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(37) `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:
    ``(h) 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.
                                 <all>