59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–368 

DISTRICT OF COLUMBIA COURTS, PUBLIC DEFENDER SERVICE, AND 

COURT SERVICES AND OFFENDER SUPERVISION AGENCY ACT OF 2015 

DECEMBER 3, 2015.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. CHAFFETZ, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany S. 1629] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (S. 1629) to revise certain authorities of the 

District of Columbia courts, the Court Services and Offender Supervision Agency for the District of Columbia, and the Public Defender Service for the District of Columbia, and for other purposes, 

having considered the same, report favorably thereon without 

amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 2 

Section-by-Section .................................................................................................... 3 

Explanation of Amendments ................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Roll Call Votes ......................................................................................................... 4 

Application of Law to the Legislative Branch ....................................................... 4 

Statement of Oversight Findings and Recommendations of the Committee ...... 4 

Statement of General Performance Goals and Objectives .................................... 4 

Duplication of Federal Programs ............................................................................ 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Federal Advisory Committee Act ............................................................................ 5 

Unfunded Mandate Statement ............................................................................... 5 

Earmark Identification ............................................................................................ 5 

Committee Estimate ................................................................................................ 5 

Budget Authority and Congressional Budget Office Cost Estimate .................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 


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1Pub. L. No. 105–33 (1997). 

2 Court Services & Offender Supervision Agency for the District of Columbia, National Capital 

Revitalization and Self-Government Improvement Act of 1997, available at http://www.csosa.gov/ 

about/history/revitalization-act.aspx (last visited Oct. 30, 2015). 3Letter from Lee Satterfield, Chief Judge, Superior Court of D.C.; Avis Buchanan, Director, 

Public Defender Service of D.C.; Nancy M. Ware, Director, Court Services & Offender Supervision Agency of D.C., to Jason Chaffetz, Chairman, H. Comm. on Oversight & Gov’t Reform, 

Mark Meadows, Chairman, Subcomm. on Gov’t Operations, H. Comm. on Oversight & Gov’t Reform (Feb. 6, 2015) (hereinafter ‘‘CSOSA letter’’). 4 Id. 

5 Id. 

6 Id. 

7 CSOSA letter, supra note 3. 8 Id. 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

S. 1629, the District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 

2015, gives several District of Columbia (DC) judicial offices increased authority to make personnel and managerial decisions. 

Specifically, the bill would allow the DC Courts system to collect 

debts and erroneous payments owed by its employees; authorize offender incentive programs for the Court Services and Offender Supervision Agency for the District of Columbia (CSOSA); and allow 

the Public Defender Service for the District of Columbia (Public Defender Service) to use unpaid volunteers. 

BACKGROUND AND NEED FOR LEGISLATION

Congress passed the National Capital Revitalization and SelfGovernment Improvement Act of 1997 (Revitalization Act of 1997) 

as part of the Balanced Budget Act of 1997.1 As part of this law, 

the federal government became responsible for administering ‘‘prisons, courts, and probation/parole supervision’’ within the District of 

Columbia.2 Following passage of the Revitalization Act of 1997, the 

DC Courts, Public Defender Service, and CSOSA have requested 

several legislative changes so they may execute their duties more 

effectively and efficiently. 

Currently, DC Courts is limited in its ability to collect debts 

owed by its employees.3 S. 1629 would give DC Courts the ability 

to offset pay to collect employee debts. 

Currently, DC Courts may not provide uniforms to its non-judicial employees.4 S. 1629 would enable the DC Courts to provide 

uniforms. The absence of uniformed personnel makes it difficult to 

identify courthouse personnel and raises safety concerns regarding 

visibility both in the courthouse and within the community.5 Providing uniforms to probation officers, for example, will allow other 

law enforcement officials to more easily identify probation officers, 

and help the public better understand who is serving them within 

the community.6

Additionally, CSOSA lacks the authority to utilize incentives to 

reduce offender recidivism.7 This bill would give CSOSA the ability 

to use incentives, an identified best practice, for improved offender 

supervision.8

S. 1629 also would grant CSOSA the authority to accept gifts 

such as contributions of space, equipment, tools, supplies, and 

training from the organizations with which it works in furtherance 

of its mission. The bill would require that records be maintained 


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9 Id. 

10 Id. 11 Id. 12 Id. 

on such gifts.9 S. 1629 would authorize CSOSA to enter into cost 

reimbursable agreements with the DC government. 

The Public Defender Service believes that it would benefit from 

language that makes clear its ability to accept gratuitous services 

for the purpose of carrying out its mission.10 S. 1629 would provide 

assurance that it is operating consistent with its governing statute 

in accepting gratuitous services. 

Lastly, the District of Columbia Court Reform and Criminal Procedure Act of 1970, as amended, treats the Public Defender Service 

volunteer Board of Trustees as DC employees when it relates to action brought against the trustees.11 It is unknown why the language was not amended, as it is inconsistent with the rest of the 

statute, which treats the Public Defender Service and its employees 

separate from the DC government.12 This bill would make clear 

that the trustees are to be considered employees of the Public Defender Service for any action taken against the trustees. 

LEGISLATIVE HISTORY

S. 1629, the District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 

2015, was introduced on June 18, 2015, by Senator Ron Johnson 

(R–WI), and referred to the Senate Committee on Homeland Security and Governmental Affairs. Senator Tom Carper (D–DE) is an 

original cosponsor. On June 24, 2015, the Senate Committee on 

Homeland Security and Governmental Affairs considered S. 1629 

and ordered the bill favorably reported by voice vote. On September 

10, 2015, S. 1629 passed the Senate by unanimous consent and was 

referred to the House Committee on Oversight and Government 

Reform. 

In the 113th Congress, similar legislation, H.R. 4185, was introduced by Delegate Eleanor Holmes Norton (D–DC) on March 10, 

2014. The Committee ordered the bill favorably reported by voice 

vote on March 12, 2014. The bill passed the House by voice vote 

on July 14, 2014. The legislation was received in the Senate on 

July 15, 2014. No further action was taken. 

SECTION-BY-SECTION

Section 1. Short title 

Designates the bill as the ‘‘District of Columbia Courts, Public 

Defender Service, and Court Services and Offender Supervision 

Agency Act of 2015.’’ 

Section 2. Authorities of District of Columbia Courts 

Authorizes the District of Columbia Courts to collect overpayments and other outstanding employee debts by offsetting pay. 

Allows the District of Columbia Courts to provide uniforms for 

certain employees in support of their job duties. 


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Section 3. Authorities of Court Services and Offender Supervision 

Agency 

Authorizes the Court Services and Offender Supervision Agency 

(CSOSA) to offer programmatic incentives to sentenced offenders. 

Makes permanent the authority of CSOSA to accept gifts. Authorizes CSOSA to enter into cost reimbursable agreements with the 

DC government. 

Section 4. Authorities of Public Defender Service 

Authorizes the Public Defender Service to accept gratuitous services. 

Clarifies that members of the Board of Trustees for the Public 

Defender Service are employees of the Public Defender Service for 

purposes of any action against the trustees. 

EXPLANATION OF AMENDMENTS

No amendments were offered during the Full Committee consideration of S. 1629. 

COMMITTEE CONSIDERATION

On October 9, 2015, the Committee met in open session and ordered reported favorably the bill, S. 1629, by unanimous consent, 

a quorum being present. 

ROLL CALL VOTES

No recorded votes were requested or conducted during the Committee’s consideration of S. 1629. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill gives several DC judicial 

offices increased authority to make personnel and managerial decisions, including authorization to collect debts and erroneous payments from DC Courts employees. As such this bill does not relate 

to employment or access to public services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goal or objective of the bill is to revise certain authorities of the District of 

Columbia courts, the Court Services and Offender Supervision 

Agency for the District of Columbia, and the Public Defender Service for the District of Columbia. 


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DUPLICATION OF FEDERAL PROGRAMS

No provision of this bill establishes or reauthorizes a program of 

the federal government known to be duplicative of another federal 

program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 

of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting this bill does not direct 

the completion of any specific rule makings within the meaning of 

5 U.S.C. 551. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement as to whether 

the provisions of the reported include unfunded mandates. In compliance with this requirement, the Committee has received a letter 

from the Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

This bill does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out this bill. 

However, clause 3(d)(2)(B) of that rule provides that this requirement does not apply when the Committee has included in its report 

a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

this bill from the Director of Congressional Budget Office: 


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S. 1629—District of Columbia Courts, Public Defender Service, and 

Court Services and Offender Supervision Agency Act of 2015 

S. 1629 would change portions of the District of Columbia Official Code that governs the D.C. Courts system. Under current law, 

the budget of the D.C. Courts system, including the Public Defender Service (PDS) and the Court Services and Offender Service 

Agency (CSOSA), is funded by federal appropriations; thus, its expenditures are recorded in the federal budget. Among other 

changes, the legislation would allow the D.C. Courts System to collect debts and erroneous payments owed by its employees and to 

purchase uniforms for non-judicial employees. S. 1629 also would 

allow CSOSA to operate incentive programs for offender education, 

accept and spend gifts, and receive reimbursement from the D.C. 

government for the use of office space in D.C. Courts facilities. Finally, the legislation would allow PDS to use unpaid volunteers. 

Based on information provided by the District of Columbia Courts, 

PDS, and CSOSA, CBO estimates that the proposed changes would 

have an insignificant effect on federal discretionary spending. 

Enacting the legislation would affect direct spending because it 

would authorize CSOSA to accept and spend monetary gifts. Therefore, pay-as-you-go procedures apply. However, CBO estimates that 

the net effect on direct spending would be negligible. Enacting S. 

1629 would not affect revenues. 

CBO estimates that enacting S. 1629 would not increase net di- rect spending or on-budget deficits by more than $5 billion in any 

of the four consecutive 10-year periods beginning in 2026. 

S. 1629 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

On July 2, 2015, CBO transmitted a cost estimate for S. 1629 as 

ordered reported by the Senate Committee on Homeland Security 

and Governmental Affairs on June 24, 2015. The two versions of 

the legislation are identical, and the estimated budgetary effects 

are the same. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

DISTRICT OF COLUMBIA OFFICIAL CODE 

* * * * * * * 

DIVISION I—GOVERNMENT OF 

DISTRICT 

* * * * * * * 


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TITLE 2—GOVERNMENT 

ADMINISTRATION 

* * * * * * * 

CHAPTER 16—PUBLIC DEFENDER SERVICE 

* * * * * * * 

§ 2–1603. Board of trustees 

(a) The powers of the Service shall be vested in a Board of Trustees composed of 11 members. The Board of Trustees shall establish 

general policy for the Service but shall not direct the conduct of 

particular cases. 

(b)(1) Members of the Board of Trustees shall be appointed by a 

panel. consisting of: 

(A) The Chief Judge of the United States District Court for 

the District of Columbia; 

(B) The Chief Judge of the District of Columbia Court of Appeals; 

(C) The Chief Judge of the Superior Court of the District of 

Columbia; and 

(D) The Mayor of the District of Columbia. 

(2) The panel shall be presided over by the Chief Judge of the 

District of Columbia Court of Appeals (or in his absence, the designee of such Judge). A quorum of the panel shall be 4 members. 

(3) Four of the 11 members of the Board of Trustees shall be nonattorneys and shall be residents of the District of Columbia. 

(4) Judges of the United States courts in the District of Columbia 

and of District of Columbia courts may not be appointed to serve 

as members of the Board of Trustees. 

(5) The term of office of a member of the Board of Trustees shall 

be 3 years. No person shall serve more than 2 consecutive terms 

as a member of the Board of Trustees. A vacancy in the Board of 

Trustees shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring prior to 

the expiration of the term for which his predecessor was appointed 

shall be appointed only for the remainder of such term. 

(c) The trustees of the Legal Aid Agency for the District of Columbia in office on the date of enactment of this Act shall serve the 

unexpired portions of their terms as trustees of the Service. 

(d) For the purposes of any action brought against the trustees 

of the Service, they shall be deemed to be øemployees of the District of Columbia¿ employees of the Service. 

* * * * * * * 

§ 2–1607. Appropriation; public grants and private contributions 

(a) There are authorized to be appropriated to the Service in each 

fiscal years such funds as may be necessary to carry out this chapter. The Service may arrange by contract or otherwise for the disbursement of appropriated funds, procurement, and the provision 

of other administrative support functions by the General Services 

Administration or by other agencies or entities, not subject to the 


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provisions of the District of Columbia Code or any law or regulation adopted by the District of Columbia Government concerning 

disbursement of funds, procurement, or other administrative support functions. The Service shall submit an annual appropriations 

request to the Office of Management and Budget. 

(b) Upon approval of the Board of Trustees, øthe Service may accept public grants and private contributions made to assist it¿ the 

Service may accept and use public grants, private contributions, 

and voluntary and uncompensated (gratuitous) services to assist it 

in carrying out the provisions of this chapter. 

(c) The Service shall not be subject to any general personnel or 

budget limitations which otherwise apply to the District of Columbia government or its agencies in any appropriations act. 

(d) During fiscal years 2006 through 2008, the Service may 

charge fees to cover the costs of materials distributed to attendees 

of educational events, including conferences, sponsored by the Service. Notwithstanding section 3302 of title 31, United States Code 

(31 U.S.C. § 3302), any amounts received as fees under this subsection shall be credited to the Service and available for use without further appropriation. 

(e) The Service shall, to the extent the Director considers appropriate, provide representation for and hold harmless, or provide liability insurance for, any person who is an employee, member of 

the Board of Trustees, or officer of the Service for money damages 

arising out of any claim, proceeding, or case at law relating to the 

furnishing of representational services or management services or 

related services under this chapter while acting within the scope of 

that person’s office or employment, including but not limited to 

such claims, proceedings, or cases at law involving employment actions, injury, loss of liberty, property damage, loss of property, or 

personal injury, or death arising from malpractice or negligence of 

any such officer or employee. 

* * * * * * * 

DIVISION II—JUDICIARY AND JUDICIAL 

PROCEDURE 

* * * * * * * 

TITLE 11—ORGANIZATION AND 

JURISDICTION OF THE COURTS. 

* * * * * * * 

CHAPTER 17—ADMINISTRATION OF DISTRICT OF 

COLUMBIA COURTS 

SUBCHAPTER I–COURT ADMINISTRATION 

Sec. 

11-1701. Administration of District of Columbia court system. 

* * * * * * * 


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SUBCHAPTER II–COURT PERSONNEL 

* * * * * * * 

11–1733. Collection, compromise, and waiver of employee debts and erroneous payments. 

* * * * * * * 

SUBCHAPTER II—COURT PERSONNEL 

* * * * * * * 

§ 11–1733. Collection, compromise, and waiver of employee 

debts and erroneous payments 

(a) COLLECTION OF DEBTS AND ERRONEOUS PAYMENTS MADE TO

EMPLOYEES.— 

(1) AUTHORITY TO COLLECT.—If the Executive Officer determines that an employee or former employee of the District of Columbia Courts is indebted to the District of Columbia Courts 

because of an erroneous payment made to or on behalf of the 

employee or former employee, or any other debt, the Executive 

Officer may collect the amount of the debt in accordance with 

this subsection. 

(2) TIMING OF COLLECTION.—The Executive Officer may collect a debt from an employee under this subsection in monthly 

installments or at officially established regular pay period intervals, by deduction in reasonable amounts from the current 

pay of the employee. 

(3) SOURCE OF DEDUCTIONS.—The Executive Officer may 

make a deduction under paragraph (2) from any wages, salary, 

compensation, remuneration for services, or other authorized 

pay, including incentive pay, back pay, and lump sum leave 

payments, but not including retirement pay. 

(4) LIMIT ON AMOUNT.—In making deductions under paragraph (2) with respect to an employee, the Executive Officer— 

(A) except as provided in subparagraph (B), may not deduct more than 20 percent of the disposable pay of the employee for any period; and 

(B) upon consent of the employee, may deduct more than 

20 percent of the disposable pay of the employee for any period. 

(5) COLLECTIONS AFTER EMPLOYMENT.—If the employment of 

an employee ends before the Executive Officer completes the collection of the amount of the employee’s debt under this subsection, deductions may be made— 

(A) from later non-periodic government payments of any 

nature due the former employee, except retirement pay; and 

(B) without regard to the limit under paragraph (4)(A). 

(b) NOTICE AND HEARING REQUIRED.— 

(1) IN GENERAL.—Except as provided in paragraph (3), prior 

to initiating any proceeding under subsection (a) to collect any 

debt from an individual, the Executive Officer shall provide the 

individual with— 

(A) written notice, not later than 30 days before the date 

on which the Executive Officer initiates the proceeding, that 

informs the individual of— 


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(i) the nature and amount of the debt determined by 

the District of Columbia Courts to be due; 

(ii) the intention of the Courts to initiate a proceeding to collect the debt through deductions from 

pay; and 

(iii) an explanation of the rights of the individual 

under this section; 

(B) an opportunity to inspect and copy Court records relating to the debt; 

(C) an opportunity to enter into a written agreement with 

the Courts, under terms agreeable to the Executive Officer, 

to establish a schedule for the repayment of the debt; and 

(D) an opportunity for a hearing in accordance with 

paragraph (2) on the determination of the Courts— 

(i) concerning the existence or amount of the debt; 

and 

(ii) in the case of an individual whose repayment 

schedule is established other than by a written agreement under subparagraph (C), concerning the terms of 

the repayment schedule. 

(2) PROCEDURES FOR HEARINGS.— 

(A) AVAILABILITY OF HEARING UPON REQUEST.—Except as 

provided in paragraph (3), the Executive Officer shall provide a hearing under this paragraph if an individual, not 

later than 15 days after the date on which the individual 

receives a notice under paragraph (1)(A), and in accordance 

with any procedures that the Executive Officer prescribes, 

files a petition requesting the hearing. 

(B) BASIS FOR HEARING.—A hearing under this paragraph shall be on the written submissions unless the hearing officer determines that the existence or amount of the 

debt— 

(i) turns on an issue of credibility or veracity; or 

(ii) cannot be resolved by a review of the documentary evidence. 

(C) STAY OF COLLECTION PROCEEDINGS.—The timely filing of a petition for a hearing under subparagraph (A) 

shall stay the commencement of collection proceedings 

under this section. 

(D) INDEPENDENT OFFICER.—An independent hearing officer appointed in accordance with regulations promulgated 

under subsection (e) shall conduct a hearing under this 

paragraph. 

(E) DEADLINE FOR DECISION.—The hearing officer shall 

issue a final decision regarding the questions covered by 

the hearing at the earliest practicable date, and not later 

than 60 days after the date of the hearing. 

(3) EXCEPTION.—Paragraphs (1) and (2) shall not apply to a 

routine intra-Courts adjustment of pay that is attributable to a 

clerical or administrative error or delay in processing pay documents that occurred within the 4 pay periods preceding the adjustment or to any adjustment that amounts to not more than 

$50, if at the time of the adjustment, or as soon thereafter as 

practical, the Executive Officer provides the individual— 


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(A) written notice of the nature and amount of the adjustment; and 

(B) a point of contact for contesting the adjustment. 

(c) COMPROMISE.— (1) AUTHORITY TO COMPROMISE CLAIMS.—The Executive Officer may— 

(A) compromise a claim to collect a debt under this sec- tion if the amount involved is not more than $100,000; and 

(B) suspend or end collection action on a claim described 

in subparagraph (A) if the Executive Officer determines 

that— 

(i) no person liable on the claim has the present or 

prospective ability to pay a significant amount of the 

claim; or 

(ii) the cost of collecting the claim is likely to be more 

than the amount recovered. 

(2) EFFECT OF COMPROMISE.—A compromise under this subsection shall be final and conclusive unless obtained by fraud, 

misrepresentation, presenting a false claim, or mutual mistake 

of fact. 

(3) NO LIABILITY OF OFFICIAL RESPONSIBLE FOR COM- PROMISE.—An accountable official shall not be liable for an 

amount paid or for the value of property lost or damaged if the 

amount or value is not recovered because of a compromise 

under this subsection. 

(d) WAIVER OF CLAIM.— (1) AUTHORITY TO WAIVE CLAIMS.—Upon application from a 

person liable on a claim to collect a debt under this section, the 

Executive Officer may, with written justification, waive the 

claim if collection would be— 

(A) against equity; 

(B) against good conscience; and 

(C) not in the best interests of the District of Columbia 

Courts. 

(2) LIMITATIONS ON AUTHORITY.—The Executive Officer may 

not waive a claim under this subsection if the Executive Officer— 

(A) determines that there exists, in connection with the 

claim, an indication of fraud, misrepresentation, fault, or 

lack of good faith on the part of the employee, the former 

employee, or any other person that has an interest in obtaining a waiver of the claim; or 

(B) receives the application for waiver later than 3 years 

after the later of the date on which the erroneous payment 

was discovered or the date of enactment of this section, unless the claim involves money owed for Federal health benefits, Federal life insurance, or Federal retirement benefits. 

(3) DENIAL OF APPLICATION FOR WAIVER.—A decision by the 

Executive Officer to deny an application for a waiver under this 

subsection shall be the final administrative decision of the District government. 

(4) REFUND OF AMOUNTS ALREADY COLLECTED AGAINST CLAIM

SUBSEQUENTLY WAIVED.—If the Executive Officer waives a 

claim against an employee or former employee under this section after the District of Columbia Courts have been reimbursed 


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for the claim in whole or in part, the Executive Officer shall 

provide the employee or former employee a refund of the amount 

of the reimbursement upon application for the refund, if the Executive Officer receives the application not later than 2 years 

after the effective date of the waiver. 

(5) EFFECT ON ACCOUNTS OF COURTS.—In the audit and settlement of accounts of any accountable official, full credit shall 

be given for any amounts with respect to which collection by the 

District of Columbia Courts is waived under this subsection. 

(6) VALIDITY OF PAYMENTS.—An erroneous payment or debt, 

the collection of which is waived under this subsection, shall be 

a valid payment for all purposes. 

(7) NO EFFECT ON OTHER AUTHORITIES.—Nothing in this subsection shall be construed to affect the authority of the District 

of Columbia under any other statute to litigate, settle, compromise, or waive any claim of the District of Columbia. 

(e) REGULATIONS.—The authority of the Executive Officer under 

this section shall be subject to regulations promulgated by the Joint 

Committee. 

* * * * * * * 

SUBCHAPTER III—DUTIES AND RESPONSIBILITIES 

* * * * * * * 

§ 11–1742. Property and disbursement 

(a) The Executive Officer shall be responsible, subject to the supervision of the Joint Committee, for the management of such 

buildings and space as may be assigned to the courts and shall 

maintain liaison with the appropriate Federal and District of Columbia officials with respect thereto. 

(b) The Executive Officer shall be responsible for the procurement of necessary equipment, supplies, and services for the courts 

and shall have power, subject to applicable law, to reimburse the 

District of Columbia government for services provided and to contract for such equipment, supplies, and services as may be necessary. In carrying out the authority under the preceding sentence, 

the Executive Officer may purchase uniforms to be worn by nonjudicial employees of the District of Columbia Courts whose responsibilities warrant the wearing of uniforms if the cost of furnishing 

a uniform to an employee during a year does not exceed the amount 

applicable for the year under section 5901(a)(1) of title 5, United 

States Code (relating to the uniform allowance for employees of the 

Government of the United States). 

(c) The Executive Officer shall serve as disbursing officer and 

payroll officer of the District of Columbia courts and shall assign 

and distribute necessary equipment and supplies. 

(d) To prevent duplication and to promote efficiency and economy, the Executive Officer may enter into agreements to provide 

the Mayor of the District of Columbia with equipment, supplies, 

and services and credit reimbursements received from the Mayor 

for such equipment, supplies, and services to the appropriation of 

the District of Columbia Courts against which they were charged. 

* * * * * * * 


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NATIONAL CAPITAL REVITALIZATION AND SELFGOVERNMENT IMPROVEMENT ACT OF 1997 

* * * * * * * 

TITLE XI—DISTRICT OF COLUMBIA 

REVITALIZATION 

* * * * * * * 

Subtitle C—Criminal Justice 

* * * * * * * 

CHAPTER 3—OFFENDER SUPERVISION AND PAROLE 

* * * * * * * 

SEC. 11233. COURT SERVICES AND OFFENDER SUPERVISION AGENCY. 

(a) ESTABLISHMENT.—There is established within the executive 

branch of the Federal Government the Court Services and Offender 

Supervision Agency for the District of Columbia (hereafter in this 

section referred to as the ‘‘Agency’’) which shall assumes its duties 

not less than one year or more than three years after the enactment of this Act. 

(b) DIRECTOR.— (1) APPOINTMENT AND COMPENSATION.—The Agency shall be 

headed by a Director appointed by the President, by and with 

the advice and consent of the Senate, for a term of six years. 

The Director shall be compensated at the rate prescribed for 

Level IV of the Executive Schedule, and may be removed from 

office prior to the expiration of term only for neglect of duty, 

malfeasance in office, or other good cause shown. 

(2) POWERS AND DUTIES OF DIRECTOR.—The Director shall— 

(A) submit annual appropriation requests for the Agency 

to the Office of Management and Budget; 

(B) determine, in consultation with the Chief Judge of 

the United States District Court for the District of Columbia, the Chief Judge of the Superior Court of the District 

of Columbia, and the Chairman of the United States Parole Commission, uniform supervision and reporting practices for the Agency; 

(C) hire and supervise supervision officers and support 

staff for the Agency; 

(D) direct the use of funds made available to the Agency; 

(E) enter into such contracts, leases, and cooperative 

agreements as may be necessary for the performance of 

the Agency’s functions, including contracts for substance 

abuse and other treatment and rehabilitative programs; 

(F) develop and operate intermediate øsanctions¿ sanctions and incentives programs for sentenced offenders; 

(G) arrange for the supervision of District of Columbia 

offenders on parole, probation, and supervised release who 

seek to reside in jurisdictions outside the District of Columbia; 


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14 

(H) carry out all functions which have heretofore been 

carried out by the Social Services Division of the Superior 

Court relating to supervision of adults subject to protection 

orders or provision of services for or related to such persons; 

(I) arrange for the supervision of offenders on parole, 

probation, and supervised release from jurisdictions outside the District of Columbia who seek to reside in the District of Columbia; and 

(J) have the authority to enter into agreements, including the Interstate Compact for Adult Offender Supervision, 

with any State or group of States in accordance with the 

Agency’s responsibilities under subparagraphs (G) and (I). 

(3) ACCEPTANCE OF GIFTS.— 

ø(A) AUTHORITY TO ACCEPT GIFTS.—During fiscal years 

2006 through 2008, the Director may accept and use gifts 

in the form of— 

ø(i) in-kind contributions of space and hospitality to 

support offender and defendant programs; and 

ø(ii) equipment and vocational training services to 

educate and train offenders and defendants.¿ 

(A) AUTHORITY TO ACCEPT GIFTS.—The Director may accept, solicit, and use on behalf of the Agency any monetary 

or nonmonetary gift, donation, bequest, or use of facilities, 

property, or services for the purpose of aiding or facilitating 

the work of the Agency. 

(B) RECORDS.—The Director shall keep accurate and detailed records of the acceptance and use of any gifts under 

subparagraph (A), and shall make such records available 

for audit and public inspection. 

(4) REIMBURSEMENT FROM DISTRICT GOVERNMENT.—øDuring 

fiscal years 2006 through 2008, the Director¿ The Director may 

accept and use reimbursement from the District government 

for space and services provided, on a cost reimbursable basis. 

(c) FUNCTIONS.— 

(1) IN GENERAL.—The Agency shall provide supervision, 

through qualified supervision officers, for offenders on probation, parole, and supervised release pursuant to the District of 

Columbia Code. The Agency shall carry out its responsibilities 

on behalf of the court or agency having jurisdiction over the offender being supervised. 

(2) SUPERVISION OF RELEASED OFFENDERS.—The Agency shall 

supervise any offender who is released from imprisonment for 

any term of supervised release imposed by the Superior Court 

of the District of Columbia. Such offender shall be subject to 

the authority of the United States Parole Commission until 

completion of the term of supervised release. The United 

States Parole Commission shall have and exercise the same 

authority as is vested in the United States district courts by 

paragraphs (d) through (i) of section 3583 of title 18, United 

States Code, except that— 

(A) the procedures followed by the Commission in exercising such authority shall be those set forth in chapter 

311 of title 18, United States Code; and 


SSpencer on DSK4SPTVN1PROD with REPORTS
15 

(B) an extension of a term of supervised release under 

subsection (e)(2) of section 3583 may only be ordered by 

the Superior Court upon motion from the Commission. 

(3) SUPERVISION OF PROBATIONERS.—Subject to appropriations and program availability, the Agency shall supervise all 

offenders placed on probation by the Superior Court of the District of Columbia. The Agency shall carry out the conditions of 

release imposed by the Superior Court (including conditions 

that probationers undergo training, education, therapy, counseling, drug testing, or drug treatment), and shall make such 

reports to the Superior Court with respect to an individual on 

probation as the Superior Court may require. 

(4) SUPERVISION OF DISTRICT OF COLUMBIA PAROLEES.—The 

Agency shall supervise all individuals on parole pursuant to 

the District of Columbia Code. The Agency shall carry out the 

conditions of release imposed by the United States Parole Commission or, with respect to a misdemeanant, by the Superior 

Court of the District of Columbia, and shall make such reports 

to the Commission or Court with respect to an individual on 

parole supervision as the Commission or Court may require. 

(5) SEX OFFENDER REGISTRATION.—The Agency shall carry 

out sex offender registration functions in the District of Columbia, and shall have the authority to exercise all powers and 

functions relating to sex offender registration that are granted 

to the Agency under any District of Columbia law. 

(d) AUTHORITY OF OFFICERS.—The supervision officers of the 

Agency shall have and exercise the same powers and authority as 

are granted by law to United States Probation and Pretrial Officers. 

(e) PRETRIAL SERVICES AGENCY.— 

(1) INDEPENDENT ENTITY.—The District of Columbia Pretrial 

Services Agency established by subchapter I of chapter 13 of 

title 23, District of Columbia Code shall function as an independent entity within the Agency. 

(2) SUBMISSION ON BEHALF OF PRETRIAL SERVICES.—The Director of the Agency shall submit, on behalf of the District of 

Columbia Pretrial Services Agency and with the approval of 

the Director of the Pretrial Services Agency, an annual appropriation request to the Office of Management and Budget. Such 

request shall be separate from the request submitted for the 

Agency. 

(3) LIABILITY OF DISTRICT OF COLUMBIA.—The District of Columbia shall defend any civil action or proceeding brought in 

any court or other official Federal, state, or municipal forum 

against the District of Columbia Pretrial Services Agency or 

the District of Columbia or its officers, employees, or agents, 

and shall assume any liability resulting from such an action or 

proceeding, if the action or proceeding arises from the activities 

of the District of Columbia Pretrial Services Agency prior to 

the date on which the Offender Supervision, Defender and 

Courts Services Agency assumes its duties. 

(4) LITIGATION.— (A) CORPORATION COUNSEL.—Subject to subparagraph 

(B), the Corporation Counsel of the District of Columbia 

shall provide litigation services to the District of Columbia 


SSpencer on DSK4SPTVN1PROD with REPORTS
16 

Pretrial Services Agency, except that the District of Columbia Pretrial Services Agency may instead elect, either 

generally or in relation to particular cases or classes of 

cases, to hire necessary staff and personnel or enter into 

contracts for the provision of litigation services at such 

agency’s expense. 

(B) ATTORNEY GENERAL.— (i) IN GENERAL.—Notwithstanding subparagraph (A), 

with respect to any litigation involving the District of 

Columbia Pretrial Services Agency, the Attorney General may— 

(I) direct the litigation of the agency, and of the 

District of Columbia on behalf of the agency; and 

(II) provide on a reimbursable or non-reimbursable basis litigation services for the agency at the 

agency’s request or on the Attorney General’s own 

initiative. 

(ii) APPROVAL OF SETTLEMENT.—With respect to any 

litigation involving the District of Columbia Pretrial 

Services Agency, the agency may not agree to any settlement involving any form of equitable relief without 

the approval of the Attorney General. The agency 

shall provide to the Attorney General such notice and 

reports concerning litigation as the Attorney General 

may direct. 

(iii) DISCRETION.—Any decision to exercise any authority of the Attorney General under this paragraph 

shall be in the sole discretion of the Attorney General 

and shall not be reviewable in any court. 

(g) AUTHORITY TO USE SERVICES OF VOLUNTEERS.— 

(1) IN GENERAL.—The Agency (including any independent entity within the Agency) may accept the services of volunteers 

and provide for their incidental expenses to carry out any activity of the Agency except policy-making. 

(2) APPLICABILITY OF WORKER’S COMPENSATION RULES TO

VOLUNTEERS.—Any volunteer whose services are accepted pursuant to this subsection shall be considered an employee of the 

United States Government in providing the services for purposes of chapter 81 of title 5, United States Code (relating to 

compensation for work injuries) and chapter 11 of title 18, 

United States Code, relating to corruption and conflicts of interest. 

* * * * * * * 

Æ 


SSpencer on DSK4SPTVN1PROD with REPORTS