[Congressional Record Volume 153, Number 106 (Thursday, June 28, 2007)]
[Senate]
[Pages S8698-S8700]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Cochran):
  S. 1729. 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; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, today I join with Senator Cochran to 
introduce a bill that will provide parity between the retirement 
benefits granted to assistant U.S. attorneys and those granted to other 
Federal law enforcement officers.
  There are 5,500 assistant U.S. attorneys in 93 offices throughout the 
United States, all of whom are serving on the front lines to uphold the 
rule of law. Having served as a prosecutor for many years in Vermont, I 
know well the integral role prosecutors play in the administration of 
justice. Prosecutors are a crucial component of our justice system, and 
should be recognized as such when they reach the end of their careers.
  Probation officers, deputy marshals, corrections officers, and even 
corrections employees not serving in a law enforcement role receive 
enhanced benefits greater than those received by assistant U.S. 
attorneys. This is an inequity that should be remedied. By correcting 
this disparity, Congress would also help the Federal justice system 
retain experienced prosecutors. Of all the prosecutors who leave the 
government for the private sector, 60 to 70 percent do so with 
experience of between 6 and 15 years. With the Department of Justice's 
rapidly expanding role in combating terrorism, we cannot afford to lose 
the experienced men and women who serve in this vital role.
  This legislation also addresses concerns about the cost to the 
Federal Government of providing enhanced retirement benefits to 
assistant U.S. attorneys. Proponents of the bill have helped craft 
provisions that would assist the Department of Justice in recovering 
money owed to the Federal Government as a result of judgments and other 
fines. By bolstering the Department's ability to collect the funds it 
is owed, resources would be freed up to provide the parity in 
retirement benefits sought by assistant U.S. attorneys. The result of 
the creative efforts to fund these benefits in an alternative manner is 
that the Department of Justice will, through its duties as the Nation's 
law enforcement agency, be able to provide the benefits its employees 
deserve at little or no cost to the taxpayer.
  By passing this legislation, we will signal the Federal Government's 
recognition that prosecutors in our society fulfill a critical role. 
Congress can send the message that the service of these prosecutors is 
a valued and indispensable component of our Federal justice system. I 
hope all Senators will join us in supporting this legislation to ensure 
that Federal policy equally respects the contributions of all members 
of the law enforcement community in keeping our society safe and 
secure.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text was ordered to be printed in the 
Record, as follows:

                                S. 1729

       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:

[[Page S8699]]

       ``(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 - included in title 18, but not here?
       ``(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.

[[Page S8700]]

     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.
                                 ______