NAAUSA Initiatives

On June 27, 2007, Rep. Artur Davis (D-AL) introduced H.R. 2878, a bill to amend titles 18 and 28 of the United States Code to provide for the prompt payments of debts owed to the United States and the victims of crime; and 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. There are 36 cosponsors.

On June 28, 2007, Senator Patrick Leahy [D VT] and Senator Thad Cochran [R MS] introduced S. 1729, companion legislation to H.R. 2878. Answers to some of the questions about the new legislation are published here. Additional questions should be sent to staff@naausa.org.

NAAUSA members are urged to contact their Representative by phone or in writing and ask him/her to cosponsor H.R. 2878.

To call your lawmaker contact the Capitol at 202-224-3121and ask for the office of your Representative. Find the name of your Representative at www.house.gov. When the Representative's staff answers, say:

Hi, My name is __________________ and I live in Rep. ________________ district. I am calling to urge Rep. ____________________ to cosponsor H.R. 2878, a bill to improve the retirement benefits of Assistant U.S. Attorneys.

NAAUSA members are encouraged to write to their Representative and Senators to ask that they cosponsor the collections/retirement legislation.

Dear

As one of your constituents, I am writing to ask you to cosponsor H.R. 2878, (S. 1729 if writing to Senators) the Enhanced Financial Recovery and Equitable Retirement Treatment Act of 2007, legislation that will enhance the federal government’s capacity to collect court judgments, fines and restitution, and assist in the collection of billions of dollars that are currently going uncollected. Equally important, the legislation will strengthen the retirement benefits of Assistant United States Attorneys to improve the government’s capacity to retain skilled and experienced federal prosecutors.

I have been an Assistant United States Attorney for XX years. During that time I have (insert one or two paragraphs about experience, including any high-profile cases worked and/or fines and restitution collected)

The following are suggested paragraphs to be included in your letter to your Representative or Senators

United States Attorney Offices are responsible for criminal and civil debt collection efforts that result annually in billions of dollars that are turned over to federal agencies and crime victims. In FY 2006, United States Attorneys Offices collected over $4.28 billion, more than twice the total budget of all US Attorney Offices. However, there are still billions of dollars left to be recovered, sums not collected due to infirmities in the law and competing priorities. “The Enhanced Financial Recovery and Equitable Treatment Act of 2007,” will improve and encourage the Department of Justice efforts to collect restitution for the victims of crime and to collect debts owed the United States through a series of reforms, including the association of the costs of collection with those who owe the Government judgments, fines or restitution. The measure also responds to criticism by the Government Accountability Office that the Department of Justice is not aggressively pursuing the collection of debts and penalties.

In addition to improving debt collection, this bill also will significantly aid the nation’s law enforcement efforts in another important way. While Congress and the media have focused on the controversies surrounding U.S. Attorneys, my colleagues and I have continued to prosecute terrorists, drug king pins, organized crime figures, intellectual pirates, gang leaders and other perpetrators of harm. However, our moral has suffered because there are questions raised about the objectivity of the work of the U.S. Attorney’s Offices.

Despite our vital role in prosecuting criminals and defending the United States in civil litigation, Assistant United States Attorneys are unfairly short-changed in our retirement benefits. The retirement benefits of AUSAs are considerably less than their law enforcement counterparts within the FBI, Secret Service, DEA, U.S. Marshals Service, and Bureau of Prisons. It is time to end that inequity and bring the retirement benefits of AUSAs into line with thousands of other employees in the federal law enforcement community. Passing this legislation will be a real morale boost for all AUSAs since it will be a strong message by Congress of its support for career AUSAs.

Besides fairness itself, improving the retirement benefits of AUSAs will have another beneficial purpose. It will stem the loss of many AUSAs to the lure of higher pay and benefits in private legal practice. The average line AUSA leaves the Department of Justice after only eight years, just as we are hitting our professional stride, and thereby undermine the Department’s capability to win important cases in court. This legislation will help dampen the tide of attrition and bolster the Department of Justice’s litigation know-how, especially in increasingly complex and demanding trial cases.