II 

Calendar No. 190 

114TH CONGRESS 

1ST SESSION S. 1629 

[Report No. 114–110] 

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 

AUGUST 3, 2015 

Reported by Mr. JOHNSON, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Courts, Public Defender Service, and Court Services and 

4 Offender Supervision Agency Act of 2015’’. 

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

6 (a) AUTHORIZATION TO COLLECT DEBTS AND ERRO7 NEOUS PAYMENTS FROM EMPLOYEES.— 

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

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

10 amended by adding at the end the following: 

11 ‘‘§ 11–1733. Collection, compromise, and waiver of em12 ployee debts and erroneous payments 

13 ‘‘(a) COLLECTION OF DEBTS AND ERRONEOUS PAY14 MENTS MADE TO EMPLOYEES.— 

15 ‘‘(1) AUTHORITY TO COLLECT.—If the Execu16 tive Officer determines that an employee or former 

17 employee of the District of Columbia Courts is in18 debted to the District of Columbia Courts because of 

19 an erroneous payment made to or on behalf of the 

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

21 Executive Officer may collect the amount of the debt 

22 in accordance with this subsection. 

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

24 Officer may collect a debt from an employee under 

25 this subsection in monthly installments or at offi26 cially established regular pay period intervals, by deVerDate Sep 11 2014 22:10 Aug 03, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1629.RS S1629

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1 duction in reasonable amounts from the current pay 

2 of the employee. 

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

4 Officer may make a deduction under paragraph (2) 

5 from any wages, salary, compensation, remuneration 

6 for services, or other authorized pay, including in7 centive pay, back pay, and lump sum leave pay8 ments, but not including retirement pay. 

9 ‘‘(4) LIMIT ON AMOUNT.—In making deduc10 tions under paragraph (2) with respect to an em11 ployee, the Executive Officer— 

12 ‘‘(A) except as provided in subparagraph 

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

14 the disposable pay of the employee for any pe15 riod; and 

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

17 deduct more than 20 percent of the disposable 

18 pay of the employee for any period. 

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

20 the employment of an employee ends before the Ex21 ecutive Officer completes the collection of the 

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

23 deductions may be made— 


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

2 payments of any nature due the former em3 ployee, except retirement pay; and 

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

5 paragraph (4)(A). 

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

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (3), prior to initiating any proceeding under 

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

10 the Executive Officer shall provide the individual 

11 with— 

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

13 before the date on which the Executive Officer 

14 initiates the proceeding, that informs the indi15 vidual of— 

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

17 debt determined by the District of Colum18 bia Courts to be due; 

19 ‘‘(ii) the intention of the Courts to ini20 tiate a proceeding to collect the debt 

21 through deductions from pay; and 

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

23 the individual under this section; 

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

25 Court records relating to the debt; 


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

2 agreement with the Courts, under terms agree3 able to the Executive Officer, to establish a 

4 schedule for the repayment of the debt; and 

5 ‘‘(D) an opportunity for a hearing in ac6 cordance with paragraph (2) on the determina7 tion of the Courts— 

8 ‘‘(i) concerning the existence or 

9 amount of the debt; and 

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

11 whose repayment schedule is established 

12 other than by a written agreement under 

13 subparagraph (C), concerning the terms of 

14 the repayment schedule. 

15 ‘‘(2) PROCEDURES FOR HEARINGS.— 

16 ‘‘(A) AVAILABILITY OF HEARING UPON RE17 QUEST.—Except as provided in paragraph (3), 

18 the Executive Officer shall provide a hearing 

19 under this paragraph if an individual, not later 

20 than 15 days after the date on which the indi21 vidual receives a notice under paragraph (1)(A), 

22 and in accordance with any procedures that the 

23 Executive Officer prescribes, files a petition re24 questing the hearing. 


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1 ‘‘(B) BASIS FOR HEARING.—A hearing 

2 under this paragraph shall be on the written 

3 submissions unless the hearing officer deter4 mines that the existence or amount of the 

5 debt— 

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

7 veracity; or 

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

9 the documentary evidence. 

10 ‘‘(C) STAY OF COLLECTION PRO11 CEEDINGS.—The timely filing of a petition for 

12 a hearing under subparagraph (A) shall stay 

13 the commencement of collection proceedings 

14 under this section. 

15 ‘‘(D) INDEPENDENT OFFICER.—An inde16 pendent hearing officer appointed in accordance 

17 with regulations promulgated under subsection 

18 (e) shall conduct a hearing under this para19 graph. 

20 ‘‘(E) DEADLINE FOR DECISION.—The 

21 hearing officer shall issue a final decision re22 garding the questions covered by the hearing at 

23 the earliest practicable date, and not later than 

24 60 days after the date of the hearing. 


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

2 shall not apply to a routine intra-Courts adjustment 

3 of pay that is attributable to a clerical or adminis4 trative error or delay in processing pay documents 

5 that occurred within the 4 pay periods preceding the 

6 adjustment or to any adjustment that amounts to 

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

8 or as soon thereafter as practical, the Executive Of9 ficer provides the individual— 

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

11 amount of the adjustment; and 

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

13 adjustment. 

14 ‘‘(c) COMPROMISE.— 

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

16 The Executive Officer may— 

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

18 under this section if the amount involved is not 

19 more than $100,000; and 

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

21 claim described in subparagraph (A) if the Ex22 ecutive Officer determines that— 

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

24 the present or prospective ability to pay a 

25 significant amount of the claim; or 


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

2 likely to be more than the amount recov3 ered. 

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

5 under this subsection shall be final and conclusive 

6 unless obtained by fraud, misrepresentation, pre7 senting a false claim, or mutual mistake of fact. 

8 ‘‘(3) NO LIABILITY OF OFFICIAL RESPONSIBLE

9 FOR COMPROMISE.—An accountable official shall not 

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

11 property lost or damaged if the amount or value is 

12 not recovered because of a compromise under this 

13 subsection. 

14 ‘‘(d) WAIVER OF CLAIM.— 

15 ‘‘(1) AUTHORITY TO WAIVE CLAIMS.—Upon ap16 plication from a person liable on a claim to collect 

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

18 with written justification, waive the claim if collec19 tion would be— 

20 ‘‘(A) against equity; 

21 ‘‘(B) against good conscience; and 

22 ‘‘(C) not in the best interests of the Dis23 trict of Columbia Courts. 


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1 ‘‘(2) LIMITATIONS ON AUTHORITY.—The Exec2 utive Officer may not waive a claim under this sub3 section if the Executive Officer— 

4 ‘‘(A) determines that there exists, in con5 nection with the claim, an indication of fraud, 

6 misrepresentation, fault, or lack of good faith 

7 on the part of the employee, the former em8 ployee, or any other person that has an interest 

9 in obtaining a waiver of the claim; or 

10 ‘‘(B) receives the application for waiver 

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

12 which the erroneous payment was discovered or 

13 the date of enactment of this section, unless the 

14 claim involves money owed for Federal health 

15 benefits, Federal life insurance, or Federal re16 tirement benefits. 

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

18 A decision by the Executive Officer to deny an appli19 cation for a waiver under this subsection shall be the 

20 final administrative decision of the District govern21 ment. 

22 ‘‘(4) REFUND OF AMOUNTS ALREADY COL23 LECTED AGAINST CLAIM SUBSEQUENTLY WAIVED.— 

24 If the Executive Officer waives a claim against an 

25 employee or former employee under this section after 


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1 the District of Columbia Courts have been reim2 bursed for the claim in whole or in part, the Execu3 tive Officer shall provide the employee or former em4 ployee a refund of the amount of the reimbursement 

5 upon application for the refund, if the Executive Of6 ficer receives the application not later than 2 years 

7 after the effective date of the waiver. 

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

9 the audit and settlement of accounts of any account10 able official, full credit shall be given for any 

11 amounts with respect to which collection by the Dis12 trict of Columbia Courts is waived under this sub13 section. 

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

15 payment or debt, the collection of which is waived 

16 under this subsection, shall be a valid payment for 

17 all purposes. 

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

19 Nothing in this subsection shall be construed to af20 fect the authority of the District of Columbia under 

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

22 waive any claim of the District of Columbia. 

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

24 Officer under this section shall be subject to regulations 

25 promulgated by the Joint Committee.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions for subchapter II of chapter 17 of title 11, 

3 District of Columbia Official Code, is amended by 

4 adding at the end the following: 

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

payments.’’. 

5 (3) EFFECTIVE DATE.—The amendments made 

6 by this subsection shall apply with respect to any er7 roneous payment made or debt incurred before, on, 

8 or after the date of enactment of this Act. 

9 (b) AUTHORIZATION TO PURCHASE UNIFORMS FOR

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

11 Official Code, is amended by adding at the end the fol12 lowing: ‘‘In carrying out the authority under the preceding 

13 sentence, the Executive Officer may purchase uniforms to 

14 be worn by nonjudicial employees of the District of Colum15 bia Courts whose responsibilities warrant the wearing of 

16 uniforms if the cost of furnishing a uniform to an em17 ployee during a year does not exceed the amount applica18 ble for the year under section 5901(a)(1) of title 5, United 

19 States Code (relating to the uniform allowance for employ20 ees of the Government of the United States).’’. 

21 SEC. 3. AUTHORITIES OF COURT SERVICES AND OFFENDER 

22 SUPERVISION AGENCY. 

23 (a) AUTHORITY TO DEVELOP AND OPERATE PRO24 GRAMMATIC INCENTIVES FOR SENTENCED OFFENDVerDate Sep 11 2014 22:10 Aug 03, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1629.RS S1629

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1 ERS.—Section 11233(b)(2)(F) of the National Capital Re2 vitalization and Self-Government Improvement Act of 

3 1997 (sec. 24–133(b)(2)(F), D.C. Official Code) is amend4 ed by striking ‘‘sanctions’’ and inserting ‘‘sanctions and 

5 incentives’’. 

6 (b) PERMANENT AUTHORITY TO ACCEPT GIFTS.— 

7 Section 11233(b)(3)(A) of the National Capital Revitaliza8 tion and Self-Government Improvement Act of 1997 (sec. 

9 24–133(b)(3)(A), D.C. Official Code) is amended to read 

10 as follows: 

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

12 Director may accept, solicit, and use on behalf 

13 of the Agency any monetary or nonmonetary 

14 gift, donation, bequest, or use of facilities, prop15 erty, or services for the purpose of aiding or fa16 cilitating the work of the Agency.’’. 

17 (c) PERMANENT AUTHORITY TO ACCEPT AND USE

18 REIMBURSEMENTS FROM DISTRICT GOVERNMENT.—Sec19 tion 11233(b)(4) of such Act (sec. 24–133(b)(4)) is 

20 amended by striking ‘‘During fiscal years 2006 through 

21 2008, the Director’’ and inserting ‘‘The Director’’. 

22 SEC. 4. AUTHORITIES OF PUBLIC DEFENDER SERVICE. 

23 (a) ACCEPTANCE AND USE OF SERVICES OF VOLUN24 TEERS.—Section 307(b) of the District of Columbia Court 

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


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1 1607(b), D.C. Official Code) is amended by striking ‘‘the 

2 Service may accept public grants and private contributions 

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

4 and use public grants, private contributions, and voluntary 

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

6 (b) TREATMENT OF MEMBERS OF BOARD OF TRUST7 EES AS EMPLOYEES OF SERVICE FOR PURPOSES OF LI8 ABILITY.— 

9 (1) IN GENERAL.—Section 303(d) of the Dis10 trict of Columbia Court Reform and Criminal Proce11 dure Act of 1970 (sec. 2–1603(d), D.C. Official 

12 Code) is amended by striking ‘‘employees of the Dis13 trict of Columbia’’ and inserting ‘‘employees of the 

14 Service’’. 

15 (2) EFFECTIVE DATE.—The amendment made 

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

17 the enactment of the District of Columbia Courts 

18 and Justice Technical Corrections Act of 1998 (Pub19 lic Law 105–274; 112 Stat. 2419). 


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Calendar No. 190 

114TH CONGRESS 

1ST SESSION S. 1629 

[Report No. 114–110] 

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 

AUGUST 3, 2015 

Reported without amendment 


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