ID 

Union Calendar No. 281 

114TH CONGRESS 

1ST SESSION S. 1629 

[Report No. 114–368] 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 11, 2015 

Referred to the Committee on Oversight and Government Reform 

DECEMBER 3, 2015 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘District of Columbia 

5 Courts, Public Defender Service, and Court Services and 

6 Offender Supervision Agency Act of 2015’’. 

7 SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS. 

8 (a) AUTHORIZATION TO COLLECT DEBTS AND ERRO9 NEOUS PAYMENTS FROM EMPLOYEES.— 

10 (1) IN GENERAL.—Subchapter II of chapter 17 

11 of title 11, District of Columbia Official Code, is 

12 amended by adding at the end the following: 

13 ‘‘§ 11–1733. Collection, compromise, and waiver of em14 ployee debts and erroneous payments 

15 ‘‘(a) COLLECTION OF DEBTS AND ERRONEOUS PAY16 MENTS MADE TO EMPLOYEES.— 

17 ‘‘(1) AUTHORITY TO COLLECT.—If the Execu18 tive Officer determines that an employee or former 

19 employee of the District of Columbia Courts is in20 debted to the District of Columbia Courts because of 

21 an erroneous payment made to or on behalf of the 

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

23 Executive Officer may collect the amount of the debt 

24 in accordance with this subsection. 


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1 ‘‘(2) TIMING OF COLLECTION.—The Executive 

2 Officer may collect a debt from an employee under 

3 this subsection in monthly installments or at offi4 cially established regular pay period intervals, by de5 duction in reasonable amounts from the current pay 

6 of the employee. 

7 ‘‘(3) SOURCE OF DEDUCTIONS.—The Executive 

8 Officer may make a deduction under paragraph (2) 

9 from any wages, salary, compensation, remuneration 

10 for services, or other authorized pay, including in11 centive pay, back pay, and lump sum leave pay12 ments, but not including retirement pay. 

13 ‘‘(4) LIMIT ON AMOUNT.—In making deduc14 tions under paragraph (2) with respect to an em15 ployee, the Executive Officer— 

16 ‘‘(A) except as provided in subparagraph 

17 (B), may not deduct more than 20 percent of 

18 the disposable pay of the employee for any pe19 riod; and 

20 ‘‘(B) upon consent of the employee, may 

21 deduct more than 20 percent of the disposable 

22 pay of the employee for any period. 

23 ‘‘(5) COLLECTIONS AFTER EMPLOYMENT.—If 

24 the employment of an employee ends before the Ex25 ecutive Officer completes the collection of the 


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1 amount of the employee’s debt under this subsection, 

2 deductions may be made— 

3 ‘‘(A) from later non-periodic government 

4 payments of any nature due the former em5 ployee, except retirement pay; and 

6 ‘‘(B) without regard to the limit under 

7 paragraph (4)(A). 

8 ‘‘(b) NOTICE AND HEARING REQUIRED.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (3), prior to initiating any proceeding under 

11 subsection (a) to collect any debt from an individual, 

12 the Executive Officer shall provide the individual 

13 with— 

14 ‘‘(A) written notice, not later than 30 days 

15 before the date on which the Executive Officer 

16 initiates the proceeding, that informs the indi17 vidual of— 

18 ‘‘(i) the nature and amount of the 

19 debt determined by the District of Colum20 bia Courts to be due; 

21 ‘‘(ii) the intention of the Courts to ini22 tiate a proceeding to collect the debt 

23 through deductions from pay; and 

24 ‘‘(iii) an explanation of the rights of 

25 the individual under this section; 


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1 ‘‘(B) an opportunity to inspect and copy 

2 Court records relating to the debt; 

3 ‘‘(C) an opportunity to enter into a written 

4 agreement with the Courts, under terms agree5 able to the Executive Officer, to establish a 

6 schedule for the repayment of the debt; and 

7 ‘‘(D) an opportunity for a hearing in ac8 cordance with paragraph (2) on the determina9 tion of the Courts— 

10 ‘‘(i) concerning the existence or 

11 amount of the debt; and 

12 ‘‘(ii) in the case of an individual 

13 whose repayment schedule is established 

14 other than by a written agreement under 

15 subparagraph (C), concerning the terms of 

16 the repayment schedule. 

17 ‘‘(2) PROCEDURES FOR HEARINGS.— 

18 ‘‘(A) AVAILABILITY OF HEARING UPON RE19 QUEST.—Except as provided in paragraph (3), 

20 the Executive Officer shall provide a hearing 

21 under this paragraph if an individual, not later 

22 than 15 days after the date on which the indi23 vidual receives a notice under paragraph (1)(A), 

24 and in accordance with any procedures that the 


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1 Executive Officer prescribes, files a petition re2 questing the hearing. 

3 ‘‘(B) BASIS FOR HEARING.—A hearing 

4 under this paragraph shall be on the written 

5 submissions unless the hearing officer deter6 mines that the existence or amount of the 

7 debt— 

8 ‘‘(i) turns on an issue of credibility or 

9 veracity; or 

10 ‘‘(ii) cannot be resolved by a review of 

11 the documentary evidence. 

12 ‘‘(C) STAY OF COLLECTION PRO13 CEEDINGS.—The timely filing of a petition for 

14 a hearing under subparagraph (A) shall stay 

15 the commencement of collection proceedings 

16 under this section. 

17 ‘‘(D) INDEPENDENT OFFICER.—An inde18 pendent hearing officer appointed in accordance 

19 with regulations promulgated under subsection 

20 (e) shall conduct a hearing under this para21 graph. 

22 ‘‘(E) DEADLINE FOR DECISION.—The 

23 hearing officer shall issue a final decision re24 garding the questions covered by the hearing at 


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1 the earliest practicable date, and not later than 

2 60 days after the date of the hearing. 

3 ‘‘(3) EXCEPTION.—Paragraphs (1) and (2) 

4 shall not apply to a routine intra-Courts adjustment 

5 of pay that is attributable to a clerical or adminis6 trative error or delay in processing pay documents 

7 that occurred within the 4 pay periods preceding the 

8 adjustment or to any adjustment that amounts to 

9 not more than $50, if at the time of the adjustment, 

10 or as soon thereafter as practical, the Executive Of11 ficer provides the individual— 

12 ‘‘(A) written notice of the nature and 

13 amount of the adjustment; and 

14 ‘‘(B) a point of contact for contesting the 

15 adjustment. 

16 ‘‘(c) COMPROMISE.— 

17 ‘‘(1) AUTHORITY TO COMPROMISE CLAIMS.— 

18 The Executive Officer may— 

19 ‘‘(A) compromise a claim to collect a debt 

20 under this section if the amount involved is not 

21 more than $100,000; and 

22 ‘‘(B) suspend or end collection action on a 

23 claim described in subparagraph (A) if the Ex24 ecutive Officer determines that— 


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1 ‘‘(i) no person liable on the claim has 

2 the present or prospective ability to pay a 

3 significant amount of the claim; or 

4 ‘‘(ii) the cost of collecting the claim is 

5 likely to be more than the amount recov6 ered. 

7 ‘‘(2) EFFECT OF COMPROMISE.—A compromise 

8 under this subsection shall be final and conclusive 

9 unless obtained by fraud, misrepresentation, pre10 senting a false claim, or mutual mistake of fact. 

11 ‘‘(3) NO LIABILITY OF OFFICIAL RESPONSIBLE

12 FOR COMPROMISE.—An accountable official shall not 

13 be liable for an amount paid or for the value of 

14 property lost or damaged if the amount or value is 

15 not recovered because of a compromise under this 

16 subsection. 

17 ‘‘(d) WAIVER OF CLAIM.— 

18 ‘‘(1) AUTHORITY TO WAIVE CLAIMS.—Upon ap19 plication from a person liable on a claim to collect 

20 a debt under this section, the Executive Officer may, 

21 with written justification, waive the claim if collec22 tion would be— 

23 ‘‘(A) against equity; 

24 ‘‘(B) against good conscience; and 


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1 ‘‘(C) not in the best interests of the Dis2 trict of Columbia Courts. 

3 ‘‘(2) LIMITATIONS ON AUTHORITY.—The Exec4 utive Officer may not waive a claim under this sub5 section if the Executive Officer— 

6 ‘‘(A) determines that there exists, in con7 nection with the claim, an indication of fraud, 

8 misrepresentation, fault, or lack of good faith 

9 on the part of the employee, the former em10 ployee, or any other person that has an interest 

11 in obtaining a waiver of the claim; or 

12 ‘‘(B) receives the application for waiver 

13 later than 3 years after the later of the date on 

14 which the erroneous payment was discovered or 

15 the date of enactment of this section, unless the 

16 claim involves money owed for Federal health 

17 benefits, Federal life insurance, or Federal re18 tirement benefits. 

19 ‘‘(3) DENIAL OF APPLICATION FOR WAIVER.— 

20 A decision by the Executive Officer to deny an appli21 cation for a waiver under this subsection shall be the 

22 final administrative decision of the District govern23 ment. 

24 ‘‘(4) REFUND OF AMOUNTS ALREADY COL25 LECTED AGAINST CLAIM SUBSEQUENTLY WAIVED.— 


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1 If the Executive Officer waives a claim against an 

2 employee or former employee under this section after 

3 the District of Columbia Courts have been reim4 bursed for the claim in whole or in part, the Execu5 tive Officer shall provide the employee or former em6 ployee a refund of the amount of the reimbursement 

7 upon application for the refund, if the Executive Of8 ficer receives the application not later than 2 years 

9 after the effective date of the waiver. 

10 ‘‘(5) EFFECT ON ACCOUNTS OF COURTS.—In 

11 the audit and settlement of accounts of any account12 able official, full credit shall be given for any 

13 amounts with respect to which collection by the Dis14 trict of Columbia Courts is waived under this sub15 section. 

16 ‘‘(6) VALIDITY OF PAYMENTS.—An erroneous 

17 payment or debt, the collection of which is waived 

18 under this subsection, shall be a valid payment for 

19 all purposes. 

20 ‘‘(7) NO EFFECT ON OTHER AUTHORITIES.— 

21 Nothing in this subsection shall be construed to af22 fect the authority of the District of Columbia under 

23 any other statute to litigate, settle, compromise, or 

24 waive any claim of the District of Columbia. 


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1 ‘‘(e) REGULATIONS.—The authority of the Executive 

2 Officer under this section shall be subject to regulations 

3 promulgated by the Joint Committee.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions for subchapter II of chapter 17 of title 11, 

6 District of Columbia Official Code, is amended by 

7 adding at the end the following: 

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

payments.’’. 

8 (3) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall apply with respect to any er10 roneous payment made or debt incurred before, on, 

11 or after the date of enactment of this Act. 

12 (b) AUTHORIZATION TO PURCHASE UNIFORMS FOR

13 PERSONNEL.—Section 11–1742(b), District of Columbia 

14 Official Code, is amended by adding at the end the fol15 lowing: ‘‘In carrying out the authority under the preceding 

16 sentence, the Executive Officer may purchase uniforms to 

17 be worn by nonjudicial employees of the District of Colum18 bia Courts whose responsibilities warrant the wearing of 

19 uniforms if the cost of furnishing a uniform to an em20 ployee during a year does not exceed the amount applica21 ble for the year under section 5901(a)(1) of title 5, United 

22 States Code (relating to the uniform allowance for employ23 ees of the Government of the United States).’’. 


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1 SEC. 3. AUTHORITIES OF COURT SERVICES AND OFFENDER 

2 SUPERVISION AGENCY. 

3 (a) AUTHORITY TO DEVELOP AND OPERATE PRO4 GRAMMATIC INCENTIVES FOR SENTENCED OFFEND5 ERS.—Section 11233(b)(2)(F) of the National Capital Re6 vitalization and Self-Government Improvement Act of 

7 1997 (sec. 24–133(b)(2)(F), D.C. Official Code) is amend8 ed by striking ‘‘sanctions’’ and inserting ‘‘sanctions and 

9 incentives’’. 

10 (b) PERMANENT AUTHORITY TO ACCEPT GIFTS.— 

11 Section 11233(b)(3)(A) of the National Capital Revitaliza12 tion and Self-Government Improvement Act of 1997 (sec. 

13 24–133(b)(3)(A), D.C. Official Code) is amended to read 

14 as follows: 

15 ‘‘(A) AUTHORITY TO ACCEPT GIFTS.—The 

16 Director may accept, solicit, and use on behalf 

17 of the Agency any monetary or nonmonetary 

18 gift, donation, bequest, or use of facilities, prop19 erty, or services for the purpose of aiding or fa20 cilitating the work of the Agency.’’. 

21 (c) PERMANENT AUTHORITY TO ACCEPT AND USE

22 REIMBURSEMENTS FROM DISTRICT GOVERNMENT.—Sec23 tion 11233(b)(4) of such Act (sec. 24–133(b)(4)) is 

24 amended by striking ‘‘During fiscal years 2006 through 

25 2008, the Director’’ and inserting ‘‘The Director’’. 


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1 SEC. 4. AUTHORITIES OF PUBLIC DEFENDER SERVICE. 

2 (a) ACCEPTANCE AND USE OF SERVICES OF VOLUN3 TEERS.—Section 307(b) of the District of Columbia Court 

4 Reform and Criminal Procedure Act of 1970 (sec. 2– 

5 1607(b), D.C. Official Code) is amended by striking ‘‘the 

6 Service may accept public grants and private contributions 

7 made to assist it’’ and inserting ‘‘the Service may accept 

8 and use public grants, private contributions, and voluntary 

9 and uncompensated (gratuitous) services to assist it’’. 

10 (b) TREATMENT OF MEMBERS OF BOARD OF TRUST11 EES AS EMPLOYEES OF SERVICE FOR PURPOSES OF LI12 ABILITY.— 

13 (1) IN GENERAL.—Section 303(d) of the Dis14 trict of Columbia Court Reform and Criminal Proce15 dure Act of 1970 (sec. 2–1603(d), D.C. Official 

16 Code) is amended by striking ‘‘employees of the Dis17 trict of Columbia’’ and inserting ‘‘employees of the 

18 Service’’. 

19 (2) EFFECTIVE DATE.—The amendment made 

20 by paragraph (1) shall take effect as if included in 

21 the enactment of the District of Columbia Courts 

22 and Justice Technical Corrections Act of 1998 (Pub23 lic Law 105–274; 112 Stat. 2419). 


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srobinson on DSK5SPTVN1PROD with BILLS
Union Calendar No. 281 

114TH CONGRESS 

1ST SESSION S. 1629 

[Report No. 114–368] 

A BILL 

To revise certain authorities of the District of Coof Columbia, and for other purposes. and the Public Defender Service for the District Supervision Agency for the District of Columbia, lumbia courts, the Court Services and Offender 

DECEMBER 3, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


srobinson on DSK5SPTVN1PROD with BILLS