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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4185 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4185

 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 HOUSE OF REPRESENTATIVES

                             March 10, 2014

  Ms. Norton introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 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.

    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 2014''.

SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS.

    (a) Authorization To Collect Debts and Erroneous Payments From 
Employees.--
            (1) In general.--Chapter 17 of title 11, District of 
        Columbia Official Code, is amended by adding at the end of 
        subchapter II the following new section:
``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 any other debt, the Executive Officer may 
        collect the amount of the indebtedness in accordance with this 
        subsection.
            ``(2) Timing of collection.--Any debt authorized to be 
        collected under this subsection may be collected 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.--Deductions described in 
        paragraph (2) may be made from any wages, salary, compensation, 
        remuneration for services, or other authorized pay, including 
        but not limited to incentive pay, back pay, and lump sum leave 
        payments, but not including retirement pay.
            ``(4) Limit on amount.--The amount deducted with respect to 
        an employee for any period may not exceed 20 percent of the 
        employee's disposable pay, except that a greater percentage may 
        be deducted upon consent of the employee involved.
            ``(5) Collections after employment.--If an employee's 
        employment ends before collection of the amount of the 
        employee's indebtedness is completed, deductions may be made 
        from later non-periodic government payments of any nature due 
        the former employee, except retirement pay, and such deductions 
        may be made without regard to the limit under paragraph (4).
    ``(b) Notice and Hearing Required.--
            ``(1) In general.--Except as provided in paragraph (3), 
        prior to initiating any proceedings under subsection (a) to 
        collect any indebtedness of an individual, the Executive 
        Officer shall provide the individual with--
                    ``(A) a minimum of 30 days written notice, 
                informing such individual of the nature and amount of 
                the indebtedness determined by the District of Columbia 
                Courts to be due, the intention of the Courts to 
                initiate proceedings to collect the debt through 
                deductions from pay, and 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 
                concerning the existence or the amount of the debt, and 
                in the case of an individual whose repayment schedule 
                is established other than by a written agreement 
                pursuant to subparagraph (C), concerning the terms of 
                the repayment schedule.
            ``(2) Procedures for hearings.--
                    ``(A) Availability of hearing upon request.--A 
                hearing under this paragraph shall be provided if the 
                individual, on or before the fifteenth day following 
                receipt of the notice described in paragraph (1)(A), 
                and in accordance with such procedures as the Executive 
                Officer may prescribe, files a petition requesting such 
                a hearing.
                    ``(B) Basis for hearing.--Unless the hearing 
                officer determines that the existence or the amount of 
                the debt turns on an issue of credibility or veracity 
                or cannot be resolved by a review of the documentary 
                evidence, the hearing shall be on the written 
                submissions.
                    ``(C) Stay of collection proceedings.--The timely 
                filing of a petition for hearing shall stay the 
                commencement of collection proceedings.
                    ``(D) Independent officer.--A hearing under this 
                paragraph shall be conducted by an independent hearing 
                officer appointed in accordance with regulations 
                promulgated under subsection (e).
                    ``(E) Deadline for decision.--The hearing officer 
                shall issue a final decision regarding the questions 
                covered by the hearing at the earliest practicable 
                date, but not later than 60 days after the hearing.
            ``(3) Exception.--Paragraphs (1) and (2) shall not apply to 
        routine intra-Courts adjustments of pay that are attributable 
        to clerical or administrative errors or delays in processing 
        pay documents that have occurred within the 4 pay periods 
        preceding the adjustment and to any adjustment that amounts to 
        $50 or less, if at the time of such adjustment, or as soon 
        thereafter as practical, the individual is provided written 
        notice of the nature and the amount of the adjustment and a 
        point of contact for contesting such adjustment.
    ``(c) Compromise.--
            ``(1) Authority to compromise claims.--The Executive 
        Officer may--
                    ``(A) compromise a claim to collect an indebtedness 
                under this section if the amount involved is not more 
                than $100,000; and
                    ``(B) suspend or end collection action on such a 
                claim if it appears that no person liable on the claim 
                has the present or prospective ability to pay a 
                significant amount of the claim or if the cost of 
                collecting the claim is likely to be more than the 
                amount recovered.
            ``(2) Effect of compromise.--A compromise under this 
        subsection is final and conclusive unless gotten by fraud, 
        misrepresentation, presenting a false claim, or mutual mistake 
        of fact.
            ``(3) No liability of official responsible for 
        compromise.--An accountable official is not 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 an indebtedness 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 Courts.
            ``(2) Limitations on authority.--The Executive Officer may 
        not exercise the authority under this subsection to waive a 
        claim if--
                    ``(A) in the Executive Officer's opinion, there 
                exists, in connection with the claim, an indication of 
                fraud, misrepresentation, fault, or lack of good faith 
                on the part of the employee, former employee, or any 
                other person having an interest in obtaining a waiver 
                of the claim; or
                    ``(B) the application for waiver is received in the 
                Executive Officer's office after the expiration of 3 
                years immediately following the date on which the 
                erroneous payment was discovered or 3 years after the 
                date of the enactment of this section, whichever is 
                later, except if 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 Courts have been reimbursed for a 
        claim under this section in whole or in part, and a waiver of 
        the claim is then granted, the employee or former employee 
        shall be entitled to a refund of the amount of the 
        reimbursement upon application for that refund, so long as the 
        application is received 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 Courts is waived under this subsection.
            ``(6) Validity of payments.--An erroneous payment or debt, 
        the collection of which is waived under this subsection, is a 
        valid payment for all purposes.
            ``(7) No effect on other authorities.--Nothing contained in 
        this subsection shall be construed to affect in any way the 
        authority under any other statute to litigate, settle, 
        compromise, or waive any claim of the District of Columbia.
    ``(e) Regulations.--The Executive Officer's authority under this 
section shall be subject to regulations promulgated by the Joint 
Committee on Judicial Administration.''.
            (2) Clerical amendment.--The table of contents of chapter 
        17 of title 11, District of Columbia Official Code, is amended 
        by adding at the end of the items relating to subchapter II the 
        following new item:

``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 erroneous payments made and debts 
        incurred before, on, or after the date of the 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 new sentence: ``Under the authority of the 
previous 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, so long as 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 Incentive Programs 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 ``sanction and incentive''.
    (b) Permanent Authority To Accept Gifts.--Section 11233(b)(3)(A) of 
such Act (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 such Act (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 such Act (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 
        District of Columbia Courts and Justice Technical Corrections 
        Act of 1998 (Public Law 105-274).
                                 <all>
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