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[House Report 114-368]
[From the U.S. Government Publishing Office]

 114th Congress      {                               }       Report
 1st Session         {   HOUSE OF REPRESENTATIVES    }        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

                     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 
Self-Government 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.
---------------------------------------------------------------------------
    \1\Pub. 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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \3\Letter 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'').
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \4\Id.
    \5\Id.
    \6\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \7\CSOSA letter, supra note 3.
    \8\Id.
---------------------------------------------------------------------------
    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 on such gifts.\9\ S. 1629 would 
authorize CSOSA to enter into cost reimbursable agreements with 
the DC government.
---------------------------------------------------------------------------
    \9\Id.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \10\Id.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \11\Id.
    \12\Id.
---------------------------------------------------------------------------

                          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.

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.

                    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:

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 
direct 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

           *       *       *       *       *       *       *

TITLE 2--GOVERNMENT ADMINISTRATION

           *       *       *       *       *       *       *

CHAPTER 16--PUBLIC DEFENDER SERVICE

           *       *       *       *       *       *       *

Sec. 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 
non-attorneys 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 [employees 
of the District of Columbia] employees of the Service.

           *       *       *       *       *       *       *

Sec. 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 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, [the 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. Sec.  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.
     * * * * * * *

                      SUBCHAPTER II-COURT PERSONNEL

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

           *       *       *       *       *       *       *

SUBCHAPTER II--COURT PERSONNEL

           *       *       *       *       *       *       *

Sec. 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--
                          (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--
                  (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 section 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 
        compromise.--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 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

           *       *       *       *       *       *       *

Sec. 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 SELF-GOVERNMENT IMPROVEMENT ACT OF 
                                  1997

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TITLE XI--DISTRICT OF COLUMBIA REVITALIZATION

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Subtitle C--Criminal Justice

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CHAPTER 3--OFFENDER SUPERVISION AND PAROLE

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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 
                [sanctions] 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;
                  (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.--
                  [(A) Authority to accept gifts.--During 
                fiscal years 2006 through 2008, the Director 
                may accept and use gifts in the form of--
                          [(i) in-kind contributions of space 
                        and hospitality to support offender and 
                        defendant programs; and
                          [(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.--[During 
        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
                  (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 
                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.

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