II 

114TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2015 

Mr. JOHNSON (for himself and Mr. CARPER) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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. 

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’’. 


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

2 (a) AUTHORIZATION TO COLLECT DEBTS AND ERRO3 NEOUS PAYMENTS FROM EMPLOYEES.— 

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

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

6 amended by adding at the end the following: 

7 ‘‘§ 11–1733. Collection, compromise, and waiver of em8 ployee debts and erroneous payments 

9 ‘‘(a) COLLECTION OF DEBTS AND ERRONEOUS PAY10 MENTS MADE TO EMPLOYEES.— 

11 ‘‘(1) AUTHORITY TO COLLECT.—If the Execu12 tive Officer determines that an employee or former 

13 employee of the District of Columbia Courts is in14 debted to the District of Columbia Courts because of 

15 an erroneous payment made to or on behalf of the 

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

17 Executive Officer may collect the amount of the debt 

18 in accordance with this subsection. 

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

20 Officer may collect a debt from an employee under 

21 this subsection in monthly installments or at offi22 cially established regular pay period intervals, by de23 duction in reasonable amounts from the current pay 

24 of the employee. 

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

26 Officer may make a deduction under paragraph (2) 


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1 from any wages, salary, compensation, remuneration 

2 for services, or other authorized pay, including in3 centive pay, back pay, and lump sum leave pay4 ments, but not including retirement pay. 

5 ‘‘(4) LIMIT ON AMOUNT.—In making deduc6 tions under paragraph (2) with respect to an em7 ployee, the Executive Officer— 

8 ‘‘(A) except as provided in subparagraph 

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

10 the disposable pay of the employee for any pe11 riod; and 

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

13 deduct more than 20 percent of the disposable 

14 pay of the employee for any period. 

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

16 the employment of an employee ends before the Ex17 ecutive Officer completes the collection of the 

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

19 deductions may be made— 

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

21 payments of any nature due the former em22 ployee, except retirement pay; and 

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

24 paragraph (4)(A). 

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


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (3), prior to initiating any proceeding under 

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

4 the Executive Officer shall provide the individual 

5 with— 

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

7 before the date on which the Executive Officer 

8 initiates the proceeding, that informs the indi9 vidual of— 

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

11 debt determined by the District of Colum12 bia Courts to be due; 

13 ‘‘(ii) the intention of the Courts to ini14 tiate a proceeding to collect the debt 

15 through deductions from pay; and 

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

17 the individual under this section; 

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

19 Court records relating to the debt; 

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

21 agreement with the Courts, under terms agree22 able to the Executive Officer, to establish a 

23 schedule for the repayment of the debt; and 


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1 ‘‘(D) an opportunity for a hearing in ac2 cordance with paragraph (2) on the determina3 tion of the Courts— 

4 ‘‘(i) concerning the existence or 

5 amount of the debt; and 

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

7 whose repayment schedule is established 

8 other than by a written agreement under 

9 subparagraph (C), concerning the terms of 

10 the repayment schedule. 

11 ‘‘(2) PROCEDURES FOR HEARINGS.— 

12 ‘‘(A) AVAILABILITY OF HEARING UPON RE13 QUEST.—Except as provided in paragraph (3), 

14 the Executive Officer shall provide a hearing 

15 under this paragraph if an individual, not later 

16 than 15 days after the date on which the indi17 vidual receives a notice under paragraph (1)(A), 

18 and in accordance with any procedures that the 

19 Executive Officer prescribes, files a petition re20 questing the hearing. 

21 ‘‘(B) BASIS FOR HEARING.—A hearing 

22 under this paragraph shall be on the written 

23 submissions unless the hearing officer deter24 mines that the existence or amount of the 

25 debt— 


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

2 veracity; or 

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

4 the documentary evidence. 

5 ‘‘(C) STAY OF COLLECTION PRO6 CEEDINGS.—The timely filing of a petition for 

7 a hearing under subparagraph (A) shall stay 

8 the commencement of collection proceedings 

9 under this section. 

10 ‘‘(D) INDEPENDENT OFFICER.—An inde11 pendent hearing officer appointed in accordance 

12 with regulations promulgated under subsection 

13 (e) shall conduct a hearing under this para14 graph. 

15 ‘‘(E) DEADLINE FOR DECISION.—The 

16 hearing officer shall issue a final decision re17 garding the questions covered by the hearing at 

18 the earliest practicable date, and not later than 

19 60 days after the date of the hearing. 

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

21 shall not apply to a routine intra-Courts adjustment 

22 of pay that is attributable to a clerical or adminis23 trative error or delay in processing pay documents 

24 that occurred within the 4 pay periods preceding the 

25 adjustment or to any adjustment that amounts to 


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

2 or as soon thereafter as practical, the Executive Of3 ficer provides the individual— 

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

5 amount of the adjustment; and 

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

7 adjustment. 

8 ‘‘(c) COMPROMISE.— 

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

10 The Executive Officer may— 

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

12 under this section if the amount involved is not 

13 more than $100,000; and 

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

15 claim described in subparagraph (A) if the Ex16 ecutive Officer determines that— 

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

18 the present or prospective ability to pay a 

19 significant amount of the claim; or 

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

21 likely to be more than the amount recov22 ered. 

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

24 under this subsection shall be final and conclusive 


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1 unless obtained by fraud, misrepresentation, pre2 senting a false claim, or mutual mistake of fact. 

3 ‘‘(3) NO LIABILITY OF OFFICIAL RESPONSIBLE

4 FOR COMPROMISE.—An accountable official shall not 

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

6 property lost or damaged if the amount or value is 

7 not recovered because of a compromise under this 

8 subsection. 

9 ‘‘(d) WAIVER OF CLAIM.— 

10 ‘‘(1) AUTHORITY TO WAIVE CLAIMS.—Upon ap11 plication from a person liable on a claim to collect 

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

13 with written justification, waive the claim if collec14 tion would be— 

15 ‘‘(A) against equity; 

16 ‘‘(B) against good conscience; and 

17 ‘‘(C) not in the best interests of the Dis18 trict of Columbia Courts. 

19 ‘‘(2) LIMITATIONS ON AUTHORITY.—The Exec20 utive Officer may not waive a claim under this sub21 section if the Executive Officer— 

22 ‘‘(A) determines that there exists, in con23 nection with the claim, an indication of fraud, 

24 misrepresentation, fault, or lack of good faith 

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1 ployee, or any other person that has an interest 

2 in obtaining a waiver of the claim; or 

3 ‘‘(B) receives the application for waiver 

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

5 which the erroneous payment was discovered or 

6 the date of enactment of this section, unless the 

7 claim involves money owed for Federal health 

8 benefits, Federal life insurance, or Federal re9 tirement benefits. 

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

11 A decision by the Executive Officer to deny an appli12 cation for a waiver under this subsection shall be the 

13 final administrative decision of the District govern14 ment. 

15 ‘‘(4) REFUND OF AMOUNTS ALREADY COL16 LECTED AGAINST CLAIM SUBSEQUENTLY WAIVED.— 

17 If the Executive Officer waives a claim against an 

18 employee or former employee under this section after 

19 the District of Columbia Courts have been reim20 bursed for the claim in whole or in part, the Execu21 tive Officer shall provide the employee or former em22 ployee a refund of the amount of the reimbursement 

23 upon application for the refund, if the Executive Of24 ficer receives the application not later than 2 years 

25 after the effective date of the waiver. 


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

2 the audit and settlement of accounts of any account3 able official, full credit shall be given for any 

4 amounts with respect to which collection by the Dis5 trict of Columbia Courts is waived under this sub6 section. 

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

8 payment or debt, the collection of which is waived 

9 under this subsection, shall be a valid payment for 

10 all purposes. 

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

12 Nothing in this subsection shall be construed to af13 fect the authority of the District of Columbia under 

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

15 waive any claim of the District of Columbia. 

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

17 Officer under this section shall be subject to regulations 

18 promulgated by the Joint Committee.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions for subchapter II of chapter 17 of title 11, 

21 District of Columbia Official Code, is amended by 

22 adding at the end the following: 

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

payments.’’. 

23 (3) EFFECTIVE DATE.—The amendments made 

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1 roneous payment made or debt incurred before, on, 

2 or after the date of enactment of this Act. 

3 (b) AUTHORIZATION TO PURCHASE UNIFORMS FOR

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

5 Official Code, is amended by adding at the end the fol6 lowing: ‘‘In carrying out the authority under the preceding 

7 sentence, the Executive Officer may purchase uniforms to 

8 be worn by nonjudicial employees of the District of Colum9 bia Courts whose responsibilities warrant the wearing of 

10 uniforms if the cost of furnishing a uniform to an em11 ployee during a year does not exceed the amount applica12 ble for the year under section 5901(a)(1) of title 5, United 

13 States Code (relating to the uniform allowance for employ14 ees of the Government of the United States).’’. 

15 SEC. 3. AUTHORITIES OF COURT SERVICES AND OFFENDER 

16 SUPERVISION AGENCY. 

17 (a) AUTHORITY TO DEVELOP AND OPERATE PRO18 GRAMMATIC INCENTIVES FOR SENTENCED OFFEND19 ERS.—Section 11233(b)(2)(F) of the National Capital Re20 vitalization and Self-Government Improvement Act of 

21 1997 (sec. 24–133(b)(2)(F), D.C. Official Code) is amend22 ed by striking ‘‘sanctions’’ and inserting ‘‘sanctions and 

23 incentives’’. 

24 (b) PERMANENT AUTHORITY TO ACCEPT GIFTS.— 

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1 tion and Self-Government Improvement Act of 1997 (sec. 

2 24–133(b)(3)(A), D.C. Official Code) is amended to read 

3 as follows: 

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

5 Director may accept, solicit, and use on behalf 

6 of the Agency any monetary or nonmonetary 

7 gift, donation, bequest, or use of facilities, prop8 erty, or services for the purpose of aiding or fa9 cilitating the work of the Agency.’’. 

10 (c) PERMANENT AUTHORITY TO ACCEPT AND USE

11 REIMBURSEMENTS FROM DISTRICT GOVERNMENT.—Sec12 tion 11233(b)(4) of such Act (sec. 24–133(b)(4)) is 

13 amended by striking ‘‘During fiscal years 2006 through 

14 2008, the Director’’ and inserting ‘‘The Director’’. 

15 SEC. 4. AUTHORITIES OF PUBLIC DEFENDER SERVICE. 

16 (a) ACCEPTANCE AND USE OF SERVICES OF VOLUN17 TEERS.—Section 307(b) of the District of Columbia Court 

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

19 1607(b), D.C. Official Code) is amended by striking ‘‘the 

20 Service may accept public grants and private contributions 

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

22 and use public grants, private contributions, and voluntary 

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


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1 (b) TREATMENT OF MEMBERS OF BOARD OF TRUST2 EES AS EMPLOYEES OF SERVICE FOR PURPOSES OF LI3 ABILITY.— 

4 (1) IN GENERAL.—Section 303(d) of the Dis5 trict of Columbia Court Reform and Criminal Proce6 dure Act of 1970 (sec. 2–1603(d), D.C. Official 

7 Code) is amended by striking ‘‘employees of the Dis8 trict of Columbia’’ and inserting ‘‘employees of the 

9 Service’’. 

10 (2) EFFECTIVE DATE.—The amendment made 

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

12 the enactment of the District of Columbia Courts 

13 and Justice Technical Corrections Act of 1998 (Pub14 lic Law 105–274; 112 Stat. 2419). 

Æ 


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