S. 1629 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘District of Columbia Courts, 

Public Defender Service, and Court Services and Offender Supervision Agency Act of 2015’’. 

SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS. 

(a) AUTHORIZATION TO COLLECT DEBTS AND ERRONEOUS PAYMENTS FROM EMPLOYEES.— 

(1) IN GENERAL.—Subchapter II of chapter 17 of title 11, 

District of Columbia Official Code, is amended by adding at 

the end the following: 

‘‘§ 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 
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‘‘(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. 
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‘‘(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. 
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‘‘(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.’’. 

(2) CLERICAL AMENDMENT.—The table of sections for subchapter II of chapter 17 of title 11, District of Columbia Official 

Code, is amended by adding at the end the following: 

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

(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to any erroneous payment 

made or debt incurred before, on, or after the date of enactment 

of this Act. 

(b) AUTHORIZATION TO PURCHASE UNIFORMS FOR PERSONNEL.— Section 11–1742(b), District of Columbia Official Code, is amended 

by adding at the end the following: ‘‘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 
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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).’’. 

SEC. 3. AUTHORITIES OF COURT SERVICES AND OFFENDER SUPERVISION AGENCY. 

(a) AUTHORITY TO DEVELOP AND OPERATE PROGRAMMATIC

INCENTIVES FOR SENTENCED OFFENDERS.—Section 11233(b)(2)(F) of 

the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24–133(b)(2)(F), D.C. Official Code) is 

amended by striking ‘‘sanctions’’ and inserting ‘‘sanctions and incentives’’. 

(b) PERMANENT AUTHORITY TO ACCEPT GIFTS.—Section 

11233(b)(3)(A) of the National Capital Revitalization and SelfGovernment Improvement Act of 1997 (sec. 24–133(b)(3)(A), D.C. 

Official Code) is amended to read as follows: 

‘‘(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.’’. 

(c) PERMANENT AUTHORITY TO ACCEPT AND USE REIMBURSEMENTS FROM DISTRICT GOVERNMENT.—Section 11233(b)(4) of such 

Act (sec. 24–133(b)(4)) is amended by striking ‘‘During fiscal years 

2006 through 2008, the Director’’ and inserting ‘‘The Director’’. 

SEC. 4. AUTHORITIES OF PUBLIC DEFENDER SERVICE. 

(a) ACCEPTANCE AND USE OF SERVICES OF VOLUNTEERS.—Section 307(b) of the District of Columbia Court Reform and Criminal 

Procedure Act of 1970 (sec. 2–1607(b), D.C. Official Code) is 

amended by striking ‘‘the Service may accept public grants and 

private contributions made to assist it’’ and inserting ‘‘the Service 

may accept and use public grants, private contributions, and voluntary and uncompensated (gratuitous) services to assist it’’. 

(b) TREATMENT OF MEMBERS OF BOARD OF TRUSTEES AS

EMPLOYEES OF SERVICE FOR PURPOSES OF LIABILITY.— 

(1) IN GENERAL.—Section 303(d) of the District of Columbia 

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

1603(d), D.C. Official Code) is amended by striking ‘‘employees 

of the District of Columbia’’ and inserting ‘‘employees of the 

Service’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect as if included in the enactment of the 
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District of Columbia Courts and Justice Technical Corrections 

Act of 1998 (Public Law 105–274; 112 Stat. 2419). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.