(B) provide on a reimbursable or non-reim-
bursable basis litigation services for the Trustee
at the Trustee’s request or on the Attorney
General’s own initiative.
(2) APPROVAL OF SETTLEMENT.—With respect
to any litigation involving the Corrections Trustee,
the Trustee may not agree to any settlement involv-
ing any form of equitable relief without the approval
of the Attorney General. The Trustee shall provide
to the Attorney General such notice and reports con-
cerning litigation as the Attorney General may di-
rect.
(3) DISCRETION.—Any decision to exercise any
authority under this subsection shall be in the sole
discretion of the Attorney General and shall not be
reviewable in any court.
SEC. 307. PERMITTING EXPENDITURE OF FUNDS TO CARRY
OUT CERTAIN SEWER AGREEMENT.
Notwithstanding the fourth sentence of section 446
of the District of Columbia Self-Government and Govern-
mental Reorganization Act, the District of Columbia is au-
thorized to obligate or expend such funds as may be nec-
essary during a fiscal year (beginning with fiscal year
1997) to carry out the Sewage Delivery System and Ca-
pacity Purchase Agreement between Fairfax County and
the District of Columbia with respect to Project Number
K00301, without regard to the amount appropriated for
such purpose in the budget of the District of Columbia
for the fiscal year.
Subtitle B—Compliance With
Truth-in-Sentencing
SEC. 311. REQUIRING COMPLIANCE WITH TRUTH-IN-SEN-
TENCING GUIDELINES.
(a) IN GENERAL.—In accordance with the procedures
described in subsection (b), any person convicted of a fel-
ony offense under a law applicable exclusively to the Dis-
trict of Columbia shall be sentenced in accordance with
a sentencing system which meets the truth-in-sentencing
requirements applicable to a State receiving a truth-in-
sentencing incentive grant under section 20104 of the Vio-
lent Crime Control and Law Enforcement Act of 1994.
(b) PROCEDURES FOR ADOPTION OF SYSTEM.—If
the District of Columbia does not enact the sentencing
system described in subsection (a) by October 1, 1997,
as determined by the head of the agency responsible for
administering the program of grants referred to in sub-
section (a)—
(1) the District of Columbia Truth in Sentenc-
ing Compliance Commission (in accordance with sec-
tion 313) shall develop such a sentencing system;
and
(2) the system developed shall apply with re-
spect to persons convicted of a felony after the sys-
tem is developed.
SEC. 312. REQUIRING ENACTMENT OF LEGISLATION MAXI-
MIZING EFFECTIVENESS OF DRUG COURT.
(a) IN GENERAL.—In accordance with the procedures
described in subsection (b), there shall be enacted for the
District of Columbia provisions designed to maximize the
effectiveness of the drug court of the Superior Court of
the District of Columbia.
(b) PROCEDURES FOR ADOPTION OF SYSTEM.—If
the District of Columbia does not enact the provisions de-
scribed in subsection (a) by October 1, 1997, as deter-
mined by the Chief Judge of the Superior Court of the
District of Columbia not later than October 31, 1997, the
Chief Judge shall so notify the President, Congress, and
the District government.
(c) REVIEW OF ENACTED PROVISIONS.—
(1) IN GENERAL.—If the District of Columbia
enacts the provisions described in subsection (a) by
October 1, 1997, the Chief Judge of the Superior
Court of the District of Columbia shall review the ef-
fectiveness of such provisions during the first 1-year
period for which such provisions are in effect. Not
later than 30 days after the expiration of such 1-
year period, the Chief Judge shall submit a report
to the President, Congress, and the District govern-
ment which includes the Chief Judge’s assessment
of the effectiveness of the provisions.
(2) RECOMMENDATIONS BY CHIEF JUDGE.—If
the Chief Judge finds in the report submitted under
paragraph (1) that the provisions enacted by the
District of Columbia have not maximized the effec-
tiveness of the Drug Court of the Superior Court of
the District of Columbia, the Chief Judge shall sub-
mit a report to the President, Congress, and the
District government which includes such rec-
ommendations for revisions to such provisions as the
Chief Judge considers appropriate.
SEC. 313. TRUTH IN SENTENCING COMPLIANCE COMMIS-
SION.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established as an
independent agency of the government of the Dis-
trict of Columbia the District of Columbia Truth in
Sentencing Compliance Commission (hereafter in
this section referred to as the ‘‘Commission’’) which
shall be composed of 7 voting members and 2 non-
voting members.
(2) NO ESTABLISHMENT IF COUNCIL ADOPTS
SYSTEM.—If the District of Columbia enacts a sen-
tencing system which meets the requirements of sec-
tion 311(a) by October 1, 1997, the Commission
shall not be established and this section shall not
take effect.
(b) MEMBERSHIP.—
(1) VOTING MEMBERS.—Not later than 30 days
after the enactment of this title, the seven voting
members of the Commission shall be appointed as
follows:
(A) The Attorney General, or a designee of
the Attorney General appointed by the Attorney
General.
(B) Two judges of the District of Columbia
Superior Court shall be appointed by the Chief
Judge of the Court. In a case in which the
Chief Judge does not appoint two judges within
30 days, the Chief Judge and the second most
senior judge shall serve on the Commission.
(C) One member of the District of Colum-
bia Council shall be appointed by the chair-
person of the Council. In a case in which the
chairperson of the Council does not appoint a
representative within 30 days, the chairperson
or chairperson pro tempore of the Council shall
serve on the Commission.
(D) The director of the Department of
Corrections of the District of Columbia, or
other senior official of the District of Columbia
government with official responsibilities for
criminal justice matters shall be appointed by
the Mayor of the District of Columbia.
(E) One representative of the District of
Columbia Public Defender Service shall be ap-
pointed by the Director of such Service. In a
case in which the Director of the Public De-
fender Service does not appoint a representative
within 30 days, the Director shall serve on the
Commission.
(F) One representative of the United
States Attorney for the District of Columbia
shall be appointed by the United States Attor-
ney. In a case in which the United States At-
torney for the District of Columbia does not ap-
point a representative within 30 days, the Unit-
ed States Attorney shall serve on the Commis-
sion.
(2) NONVOTING MEMBERS.—Not later than 30
days after the enactment of this title, the 2 nonvot-
ing ex–officio members of the Commission shall be
appointed as follows:
(A) One representative of the Federal Bu-
reau of Prisons shall be appointed by the Direc-
tor of the Federal Bureau of Prisons. In a case
in which the Director of the Federal Bureau of
Prisons does not appoint a representative with-
in 30 days, the Director shall serve on the Com-
mission.
(B) One representative of the Office of
Corporation Counsel of the District of Columbia
shall be appointed by the Corporation Counsel
of the District of Columbia. In a case in which
the Corporation Counsel of the District of Co-
lumbia does not appoint a representative within
30 days, the Corporation Counsel shall serve on
the Commission.
(3) CHAIRPERSON.—. The Attorney General, or
the Attorney General’s designee, shall be the chair-
person of the Commission and shall have the duty
to convene meetings of the Commission to ensure
that it fulfills its responsibilities.
(4) TERMS.—
(A) IN GENERAL.—Each member shall be
appointed for the life of the Commission.
(B) REMOVAL.— A member shall be sub-
ject to removal only for neglect of duty, malfea-
sance in office, or other good cause shown.
(C) VACANCY.— Any vacancy in the Com-
mission shall be filled in the same manner as
the original appointment.
(5) COMPENSATION.—Members of the Commis-
sion may not receive additional pay, allowances, or
benefits by reason of their service on the Commis-
sion. Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
(c) DUTIES.—
(1) ADOPTION OF SENTENCING SYSTEM.—
(A) IN
GENERAL.—Not later than 18
months after the date of enactment of this Act,
the Commission shall develop and adopt a sen-
tencing system which meets the requirements of
section 311(a). In developing the sentencing
system, the Commission is authorized to dis-
regard any provisions in the District of Colum-
bia Code relating to the maximum and mini-
mum prison terms applicable to offenses under
the Code as are necessary to accomplish its du-
ties, and shall not be reviewable in any court.
An affirmative vote of at least six members of
the Commission is necessary to adopt the sen-
tencing system.
(B) REPORT
UPON
FAILURE
TO
ADOPT
SYSTEM.—If, within 18 months after the date
of enactment of this Act, the Commission fails
to adopt a sentencing system which meets the
requirements of section 311(a)—
(i) the Commission shall submit a re-
port to the President, Congress, and the
District government describing its activi-
ties under this section and containing such
recommendations as the Commission con-
siders appropriate; and
(ii) upon the submission of such re-
port, the Commission shall immediately
terminate.
(2) TRANSMISSION
TO
COUNCIL
AND
CON-
GRESS.—The Commission shall transmit to Congress
and the District government the system adopted
under this subsection, including a listing of rec-
ommended amendments or repeals to the District of
Columbia Code.
(d) EXECUTIVE DIRECTOR.—
(1) APPOINTMENT.—The Commission may ap-
point an Executive Director who shall conduct or su-
pervise the general affairs of the Commission. Such
person shall report to the chairperson.
(2) SALARY.—
(A) FULL–TIME FEDERAL EMPLOYEE.—If
the Executive Director is a full-time Federal
employee, he or she shall receive no additional
compensation. The Executive Director and any
additional personnel shall receive travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and
5703 of title 5, United States Code.
(B) 
NON
FULL–TIME
FEDERAL
EM-
PLOYEE.—If the Executive Director is not a
full-time Federal employee, he or she shall re-
ceive compensation at a rate determined by the
Commission not exceeding Level VI of the Sen-
ior Executive Service Schedule (5 U.S.C. 5382).
(e) STAFF.—
(1) APPOINTMENT.—With the approval of the
chairperson, the Executive Director may appoint ad-
ditional personnel, without regard to the provisions
of title 5 of the United States Code, governing ap-
pointments in the competitive service, or of chapter
51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay
rates.
(2) SALARY OF OTHER PERSONNEL.—
(A) FULL–TIME FEDERAL EMPLOYEE.—If
a person appointed by the Executive Director is
a full-time Federal employee, he or she shall re-
ceive no additional compensation. The Execu-
tive Director and any additional personnel shall
receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(B) 
NON
FULL–TIME
FEDERAL
EM-
PLOYEE.—If a person appointed by the Execu-
tive Director is a not a full-time Federal em-
ployee, the Executive Director, with the ap-
proval of the Commission, shall fix the com-
pensation of such additional personnel. Such
compensation shall not exceed the annual maxi-
mum rate of pay for a position above GS-15 of
the General Schedule (5 U.S.C. 5108).
(f) USE OF FEDERAL OR DISTRICT EMPLOYEES.—
Upon request of the Chairperson, the head of any Federal
or District of Columbia department or agency may detail,
on a reimbursable or non reimbursable basis, any of the
personnel of that department or agency to the Commission
to assist it in carrying out its duties. Such personnel shall
be considered Federal employees for pay and retirement
purposes.
(g) POWERS.—
(1) HEARINGS.—The Commission shall hold
public hearings, review appropriate sentencing guide-
line models, consult with sentencing reform experts,
and solicit written comments from interested mem-
bers of the public, at such times as the Commission
deems necessary or appropriate.
(2) DATA COLLECTION.—The Superior Court of
the District of Columbia, the District of Columbia
Department of Corrections, and any other Federal
agency or District of Columbia agency shall provide
to the Commission any data necessary to enable it
to carry out this Act.
(3) OTHER ANCILLARY POWERS.—The Commis-
sion is authorized—
(A) to conduct periodic training programs
of instruction in sentencing techniques for judi-
lar cases or classes of cases, to hire necessary staff
and personnel or enter into contracts for the provi-
sion of litigation services at the Commission’s ex-
pense.
(2) ATTORNEY GENERAL.—
(A) IN GENERAL.—Notwithstanding para-
graph (1), with respect to any litigation involv-
ing the Commission, the Attorney General
may—
(i) direct the litigation on behalf of
the Commission; and
(ii) provide on a reimbursable or non-
reimbursable basis litigation services for
the Commission at the Commission’s re-
quest or on the Attorney General’s own
initiative.
(B) APPROVAL
OF
SETTLEMENT.—With
respect to any litigation involving the Commis-
sion, the Commission may not agree to any set-
tlement involving any form of equitable relief
without the approval of the Attorney General.
The Commission shall provide to the Attorney
General such notice and reports concerning liti-
gation as the Attorney General may direct.
(C) DISCRETION.—Any decision to exercise
any authority under this paragraph shall be in
the sole discretion of the Attorney General and
shall not be reviewable in any court.
(j) TERMINATION.—
(1) SENTENCING SYSTEM ADOPTED.—If, within
18 months after the date of enactment of this Act,
the Commission adopts a sentencing system that
meets the requirements of section 311(a), the Com-
mission shall terminate 90 days after such adoption.
(2) SENTENCING SYSTEM NOT ADOPTED.—If,
within 18 months after the date of enactment of this
Act, the Commission fails to adopt a sentencing sys-
tem that meets the requirements of section 311(a),
the Commission shall immediately terminate.
(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Commission
through the State Justice Institute such sums as may be
necessary to carry out its purposes. Such sums as are ap-
propriated shall remain available until expended.
SEC. 314. TRUTH IN SENTENCING MONITORING AGENCY.
(a) ESTABLISHMENT.—Upon the establishment of a
sentencing system for the District of Columbia which
meets the requirements of section 311(a), there is estab-
lished in the Department of Justice the District of Colum-
bia Truth in Sentencing Monitoring Agency (hereafter in
this section referred to as the ‘‘Agency’’) which shall be
composed of 3 voting members and 2 nonvoting members.
(b) MEMBERSHIP.—
(1) VOTING MEMBERS.—The Agency shall con-
sist of three voting members, including a chair-
person, appointed by the President by and with the
consent of the Senate, who have knowledge with re-
spect to criminal justice matters, including the
truth-in-sentencing requirements applicable to a
State receiving a truth-in-sentencing incentive grant
under section 20104 of the Violent Crime Control
and Law Enforcement Act of 1994.
(2) NONVOTING MEMBERS.—The Agency shall
be composed of 2 nonvoting ex-officio members as
follows:
(A) The United States Attorney for the
District of Columbia, or a designee of the Unit-
ed States Attorney.
(B) The Director of the District of Colum-
bia Public Defender Service, or a designee of
the Director.
(3) TERMS.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), each member of the Agency
shall be appointed for a term of 6 years.
(B) APPOINTMENT FOR INITIAL TERM.—
As designated by the President at the time of
appointment for the initial term—
(i) 1 member shall be appointed for a
term of 2 years;
(ii) 1 members shall be appointed for
a term of 4 years; and
(iii) 1 members shall be appointed for
a term of 6 years.
(4) COMPENSATION.—Members of the Agency
may not receive additional pay, allowances, or bene-
fits by reason of their service to the Agency. Each
member of the Agency shall receive travel expenses,
including per diem in lieu of subsistence, in accord-
ance with sections 5702 and 5703 of title 5, United
States Code.
(c) MONITORING OF SENTENCING PRACTICES.—
(1) IN GENERAL.—The Agency shall monitor
sentencing practices of the District of Columbia.
(2) TRANSMISSION OF CERTAIN COUNCIL ACTS
TO AGENCY.—Any Act of the Council transmitted to
Congress pursuant to section 602(c)(2) of the Dis-
trict of Columbia Self-Government and Govern-
mental Reorganization Act shall be transmitted si-
multaneously to the Agency for review.
(3) REVIEW TO DETERMINE CONTINUED COM-
PLIANCE.—If the Agency finds that an Act of the
Council transmitted under paragraph (2) or a
change in the truth-in-sentencing requirements ap-
plicable to a State receiving a truth-in-sentencing in-
centive grant under section 20104 of the Violent
Crime Control and Law Enforcement Act of 1994
would cause the sentencing system of the District of
Columbia to fail to meet the requirements described
in section 311(a), the Agency shall submit such find-
ing to the President, Congress, and the District gov-
ernment.
(d) POWERS.—
(1) HEARINGS.—The Agency shall hold public
hearings, review appropriate sentencing guideline
models, consult with sentencing reform experts, and
solicit written comments from interested members of
the public, at such times as the Agency deems nec-
essary or appropriate.
(2) DATA COLLECTION.—
(A) IN GENERAL.—The Superior Court of
the District of Columbia, the District of Colum-
bia Department of Corrections, and any other
Federal agency or District of Columbia agency
shall provide to the Agency any data necessary
to enable it to carry out this Act.
(B) OFFENDERS SENTENCED IN SUPERIOR
COURT.—The Superior Court shall submit to
the Agency, in connection with offenders sen-
tenced in the Superior Court, such information
as is determined to be relevant to the sentenc-
ing system. The Agency shall provide to the At-
torney General such data as are requested for
planning, statistical analysis or projecting fu-
ture prison population levels.
(3) OTHER ANCILLARY POWERS.—The Agency
is authorized—
(A) to conduct periodic training programs
of instruction in sentencing techniques for judi-
cial and other personnel, and other persons con-
nected with the sentencing process;
(B) to hold hearings and call witnesses
that might assist the Agency in the exercise of
its powers;
(C) to perform such other functions as
may be necessary to carry out the purposes of
this section; and
(D) except as otherwise provided, to con-
duct business, exercise powers, and fulfill duties
by the vote of a majority of the members
present at any meeting.
(e) REPORTS TO CONGRESS.—Beginning one year
after its initial establishment, the Agency shall transmit
an annual report of its activities to Congress. The Agency
shall also provide Congress with a copy of any additions
to or amendments of the guidelines adopted by the Agen-
cy.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Agency through
the State Justice Institute such sums as may be necessary
to carry out its purposes. Such sums as are appropriated
shall remain available until expended.
SEC. 315. CERTAIN CLAIMS NOT LITIGABLE.
Nothing in this Act shall be construed to create a
right of any person to challenge in any court a sentence
imposed in a criminal case prosecuted under a law applica-
ble exclusively to the District of Columbia on the grounds
that such sentence is or is not similar to that of com-
parable offenders convicted of comparable offenses under
the United States Code or that in any other respect the
sentencing system adopted under this title does not meet
the requirements of section 311(a).
SEC. 316. EVALUATION.
Four years after any sentencing system enacted
under this title takes effect, the National Institute of Jus-
tice shall evaluate the sentencing system to determine the
success of the sentencing system in accomplishing its pur-
poses.
SEC. 317. CONTINUING RESPONSIBILITY TO ENSURE COM-
PLIANCE WITH THIS ACT.
(a) ATTORNEY GENERAL.—The Attorney General
shall, after the date of enactment of this Act, inform the
Council of the District of Columbia, the Congress, and the
Agency of—
(1) changes in the laws of the United States
and the District of Columbia, including changes in
sentencing guidelines, commentary, and policy state-
ments; and
(2) any results of the four-year evaluation de-
scribed in section 316 that require, or may require,
amendment of the statutes or sentencing guidelines
of the District of Columbia.
(b) COUNCIL.—The Council shall develop legislation
that ensures that the requirements of this Act are met.
(c) AGENCY.—The Agency shall promulgate guide-
lines that ensure that the requirements of this Act are
met.
Subtitle C—Offender Supervision
and Parole
SEC. 331. PAROLE.
(a) PAROLING JURISDICTION.—
(1) JURISDICTION OF PAROLE COMMISSION TO
DENY PAROLE OR IMPOSE CONDITIONS.—Not later
than one year after date of the enactment of this
Act, the United States Parole Commission shall as-
sume the jurisdiction and authority of the Board of
Parole of the District of Columbia to grant and deny
parole, and to impose conditions upon an order of
parole, in the case of any imprisoned felon who is el-
igible for parole or reparole under the District of Co-
lumbia Code. The Parole Commission shall have ex-
clusive authority to amend or supplement any regu-
lation interpreting or implementing the parole laws
of the District of Columbia with respect to felons,
provided that the Commission adheres to the rule-
making procedures set forth in section 4218 of title
18, United States Code.
(2) JURISDICTION OF PAROLE COMMISSION TO
REVOKE PAROLE OR MODIFY CONDITIONS.—On the
date in which the District of Columbia Offender Su-
pervision, Defender, and Courts Services Agency is
established under section 333, the United States Pa-
role Commission shall assume any remaining powers,
duties, and jurisdiction of the Board of Parole of the
District of Columbia, including jurisdiction to revoke
parole and to modify the conditions of parole, with
respect to felons.
(3) JURISDICTION OF SUPERIOR COURT.—On
the date in which the District of Columbia Offender
Supervision, Defender, and Courts Services Agency
is established under section 333, the Superior Court
of the District of Columbia shall assume the juris-
diction and authority of the Board of Parole of the
District of Columbia to grant, deny, and revoke pa-
role, and to impose and modify conditions of parole,
with respect to misdemeanants.
(b) ABOLITION OF THE BOARD OF PAROLE.—On the
date in which the District of Columbia Offender Super-
vision, Defender, and Courts Services Agency is estab-
lished under section 333, the Board of Parole established
in the District of Columbia Board of Parole Amendment
Act of 1987 shall be abolished.
(c) RULEMAKING AND LEGISLATIVE RESPONSIBILITY
FOR PAROLE MATTERS.—The Parole Commission shall
exercise the authority vested in it by this section pursuant
to the parole laws and regulations of the District of Co-
lumbia regarding, except that the Council of the District
of Columbia and the Board of Parole of the District of
Columbia may not revise any such laws or regulations (as
in effect on the date of the enactment of this Act) without
the concurrence of the Attorney General.
(d) INCREASE
IN
THE AUTHORIZED NUMBER
OF
UNITED STATES PAROLE COMMISSIONERS.—Section 2(c)
of the Parole Commission Phaseout Act of 1996 (Public
Law 104–232) is amended to read as follows:
‘‘(c) The United States Parole Commission shall have
no more than five members.’’.
SEC. 332. PRETRIAL SERVICES, DEFENSE SERVICES, PA-
ROLE, ADULT PROBATION AND OFFENDER
SUPERVISION TRUSTEE.
(a) APPOINTMENT AND REMOVAL.—
(1) APPOINTMENT.—The Attorney General, in
consultation with the Chairman of the District of
Columbia Financial Responsibility and Management
Assistance Authority (hereafter in this section re-
ferred to as the ‘‘D.C. Control Board’’) and the
Mayor of the District of Columbia, shall appoint a
Pretrial Services, Defense Services, Parole, Adult
Probation and Offender Supervisions Trustee, who
shall be an independent officer of the government of
the District of Columbia, to effectuate the reorga-
nization and transition of functions and funding re-
lating to pretrial services, defense services, parole,
adult probation and offender supervision.
(2) REMOVAL.—The Trustee may be removed
by the Mayor with the concurrence of the Attorney
General. The Attorney General shall have the au-
thority to remove the Trustee for misfeasance or
malfeasance in office. At the request of the Trustee,
the District of Columbia Financial Responsibility
and Management Assistance Authority may exercise
any of its powers and authorities on behalf of the
Trustee.
(b) AUTHORITY.—Beginning on the date of appoint-
ment, and continuing until the District of Columbia Of-
fender Supervision, Defender, and Courts Services Agency
is established under section 332, the Trustee shall—
(1) have the authority to exercise all powers
and functions authorized for the Director of the Dis-
trict of Columbia Offender Supervision, Defender
and Courts Services Agency;
(2) have the authority to direct the actions of
all agencies of the District of Columbia whose func-
tions will be assumed by or within the District of
Columbia Offender 
Supervision, 
Defender 
and
Courts Services Agency, and of the Board of Parole
of the District of Columbia, including the authority
to discharge or replace any officers or employees of
these agencies;
(3) exercise financial oversight over all agencies
of the District of Columbia whose functions will be
assumed by or within the District of Columbia Of-
fender Supervision, Defender and Courts Services
Agency, and over the Board of Parole of the District
of Columbia, and allocate funds to these agencies as
appropriated by Congress and allocated by the Presi-
dent;
(4) receive and transmit to the District of Co-
lumbia Pretrial Services Agency all funds appro-
priated for such agency; and
(5) receive and transmit to the District of Co-
lumbia Public Defender Service all funds appro-
priated for such agency.
(c) COMPENSATION.—The Trustee shall be com-
pensated at a rate not to exceed the basic pay payable
for Level IV of the Executive Schedule. The Trustee may
appoint and fix the pay of additional staff without regard
to the provisions of the District of Columbia Code govern-
ing appointments and salaries, without regard to the pro-
visions of title 5, United States Code, governing appoint-
ments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III of Chapter
53 of title 5, United States Code, relating to classification
and General Schedule pay rates. Upon request of the
Trustee, the head of any Federal department or agency
may, on a reimbursable or non-reimbursable basis, provide
services and/or detail any personnel of that department
or agency to the Trusteeship to assist in carrying out its
duties.
(d) PROCUREMENT
AND JUDICIAL REVIEW.—The
provisions of the District of Columbia Code governing pro-
curement shall not apply to the Trustee. The Trustee may
enter into such contracts as the Trustee considers appro-
priate to carry out the Trustee’s duties. The Trustee may
seek judicial enforcement of the Trustee’s authority to
carry out the Trustee’s duties.
(e) PRESERVATION OF RETIREMENT AND CERTAIN
OTHER RIGHTS OF FEDERAL EMPLOYEE WHO BECOMES
THE TRUSTEE.—
(1) IN
GENERAL.—A Federal employee who,
within 3 days after separating from the Federal
Government, is appointed Trustee, or becomes em-
ployed by the Trustee—
(A) may elect, for purposes of the retire-
ment system in which that individual last par-
ticipated before so separating, to have such in-
dividual’s period of service with the Trustee
treated in the same way as if performed in the
position within the Federal Government from
which separated, subject to the requisite em-
ployee deductions and agency contributions
being currently deposited in the appropriate
fund; and
(B) if, after serving as or with the Trustee,
such employee becomes reemployed by the Fed-
eral Government, he shall be entitled to credit
for the full period of such individual’s service as
Trustee, for purposes of determining the appli-
cable leave accrual rate.
(2) RETIREMENT.—
(A) CONTRIBUTIONS.—For purposes of
subparagraph (A) of paragraph (1)—
(i) the employee deductions referred
to in such paragraph shall be made from
basic pay for service as or with the Trust-
ee, and shall be computed using the same
percentage as would then apply if the indi-
vidual were instead serving in the position
within the Federal Government from which
separated; and
(ii) the agency contributions referred
to in such paragraph shall be made by the
Trustee.
(B) 
DOUBLE
COVERAGE
NOT
PER-
MITTED.—An individual who makes an election
under paragraph (1)(A) shall be ineligible, while
such election remains in effect, to participate in
any retirement system for employees of the gov-
ernment of the District of Columbia.
(3) REGULATIONS.—The Office of Personnel
Management shall prescribe such regulations as may
be necessary to carry out this subsection. Regula-
tions to carry out paragraph (1)(A) shall be pre-
scribed in consultation with the office or agency of
the government of the District of Columbia having
jurisdiction over any retirement system referred to
in subsection (2) (B).
(f) FUNDING.—Funds available for operation of the
Trustee shall be made available to the extent provided in
appropriations acts to the Trustee, through the State Jus-
tice Institute. Funding requests shall be proposed by the
Trustee to the President and Congress for each Fiscal
Year.
(g) LITIGATION AUTHORITY.—
(1) CORPORATION COUNSEL.—Subject to para-
graph (2), the Corporation Counsel of the District of
Columbia shall provide litigation services to the
Trustee, except that the Trustee may instead elect,
either generally or in relation to particular cases or
classes of cases, to hire necessary staff and person-
nel or enter into contracts for the provision of litiga-
tion services at the Trustee’s expense.
(2) ATTORNEY GENERAL.—
(A) IN GENERAL.—Notwithstanding para-
graph (2), with respect to any litigation involv-
ing the Trustee, the Attorney General may—
(i) direct the litigation on behalf of
the Trustee; and
(ii) provide on a reimbursable or non-
reimbursable basis litigation services for
the Trustee at the Trustee’s request or on
the Attorney General’s own initiative.
(B) APPROVAL
OF
SETTLEMENT.—With
respect to any litigation involving the Trustee,
the Trustee may not agree to any settlement in-
volving any form of equitable relief without the
approval of the Attorney General. The Trustee
shall provide to the Attorney General such no-
tice and reports concerning litigation as the At-
torney General may direct.
(C) DISCRETION.—Any decision to exercise
any authority under this paragraph shall be in
the sole discretion of the Attorney General and
shall not be reviewable in any court.
(h) CERTIFICATION.—The District of Columbia Of-
fender Supervision, Defender, and Courts Services Agency
shall assume its duties pursuant to section 333 when,
within the period beginning one year after the date of the
enactment of this title and ending three years after the
date of the enactment of this title, the Trustee certifies
to the Attorney General and the Attorney General concurs
that the Agency can carry out the functions described in
section 333 and the United States Parole Commission can
carry out the functions described in section 331.
SEC. 
333. 
OFFENDER 
SUPERVISION, 
DEFENDER 
AND
COURTS SERVICES AGENCY.
(a) ESTABLISHMENT.—There is established within
the executive branch of the Federal Government the Dis-
trict of Columbia Offender Supervision, Defender, and
Courts Services Agency (hereafter in this section referred
to as the ‘‘Agency’’) which shall assume its duties not less
than one year or more than three years after the enact-
ment of this Act.
(b) DIRECTOR.—
(1) APPOINTMENT AND COMPENSATION.—The
Agency shall be headed by a Director appointed by
the President, by and with the advice and consent
of the Senate, for a term of six years. The Director
shall be compensated at the rate prescribed for Level
IV of the Executive Schedule, and may be removed
from office prior to the expiration of term only for
neglect of duty, malfeasance in office, or other good
cause shown.
(2) POWERS AND DUTIES OF DIRECTOR.—The
Director shall—
(A) submit annual appropriation requests
for the Agency to the Office of Management
and Budget;
(B) determine, in consultation with the
Chief Judge of the United States District Court
for the District of Columbia, the Chief Judge of
the Superior Court of the District of Columbia,
and the Chairman of the United States Parole
Commission, uniform supervision and reporting
practices for the Agency;
(C) hire and supervise supervision officers
and support staff for the Agency;
(D) direct the use of funds made available
to the Agency;
(E) enter into such contracts, leases, and
cooperative agreements as may be necessary for
the performance of the Agency’s functions, in-
cluding contracts for substance abuse and other
treatment and rehabilitative programs;
(F) develop and operate intermediate sanc-
tions programs for sentenced offenders; and
(G) arrange for the supervision of District
of Columbia paroled offenders in jurisdictions
outside the District of Columbia.
(c) FUNCTIONS.—
(1) IN GENERAL.—The Agency shall provide su-
pervision, through qualified supervision officers, for
offenders on probation, parole, and supervised re-
lease pursuant to the District of Columbia Code.
The Agency shall carry out its responsibilities on be-
half of the court or agency having jurisdiction over
the offender being supervised.
(2) SUPERVISION OF RELEASED OFFENDERS.—
The Agency shall supervise any offender who is re-
leased from imprisonment for any term of supervised
release imposed by the Superior Court of the Dis-
trict of Columbia. Such offender shall be subject to
uals on parole pursuant to the District of Columbia
Code. The Agency shall carry out the conditions of
release imposed by the United States Parole Com-
mission or, with respect to a misdemeanant, by the
Superior Court of the District of Columbia, and
shall make such reports to the Commission or Court
with respect to an individual on parole supervision
as the Commission or Court may require.
(d) AUTHORITY OF OFFICERS.—The supervision offi-
cers of the Agency shall have and exercise the same powers
and authority as are granted by law to United States Pro-
bation and Pretrial Officers.
(e) PRETRIAL SERVICES AGENCY AND PUBLIC DE-
FENDER SERVICE.—
(1) INDEPENDENT ENTITIES.—The District of
Columbia Pretrial Services Agency established by
subchapter I of chapter 13 title 23, District of Co-
lumbia Code, and the District of Columbia Public
Defender Service established by title III of the Dis-
trict of Columbia Court Reform and Criminal Proce-
dure Act of 1970 (D.C. Code, sec. 1-2701 et seq.)
shall function as independent entities within the
Agency.
(2) SUBMISSION
ON
BEHALF
OF
PRETRIAL
SERVICES.—The Director of the Agency shall sub-
mit, on behalf of the District of Columbia Pretrial
Services Agency and with the approval of the Direc-
tor of the Pretrial Services Agency, an annual ap-
propriation request to the Office of Management and
Budget. Such request shall be separate from the re-
quest submitted for the Agency.
(3) SUBMISSION ON BEHALF OF PUBLIC DE-
FENDER
SERVICE.—The Director of the Agency
shall submit, on behalf of the District of Columbia
Public Defender Service and with the approval of
the Director of the Public Defender Service, an an-
nual appropriation request to the Office of Manage-
ment and Budget. Such request shall be separate
from that submitted for the Agency.
SEC. 334. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated through the
State Justice Institute in each fiscal year such sums as
may be necessary for the following:
(1) District of Columbia Pretrial Services Agen-
cy.
(2) District of Columbia Public Defender Serv-
ice.
(3) Supervision of offenders on probation, pa-
role, or supervised release for offenses under the
District of Columbia Code.
(4) Operation of the parole system for offenders
convicted of offenses under the District of Columbia
Code.
(5) Operation of the Trusteeship described in
section 335.
Subtitle D—District of Columbia
Courts
PART 1—TRANSFER OF ADMINISTRATION AND FI-
NANCING OF COURTS TO FEDERAL GOVERN-
MENT
SEC. 341. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATIONS.—There are authorized to be
appropriated through the State Justice Institute in each
fiscal year such sums as may be necessary for the follow-
ing:
(1) The Superior Court of the District of Co-
lumbia.
(2) The District of Columbia Court of Appeals.
(3) The Executive Office for the District of Co-
lumbia Courts.
(4) The District of Columbia court system.
(b) SUBMISSION TO OMB.—The Executive Office of
the District of Columbia Courts shall include in its sub-
missions to the Office of Management and Budget and
the Congress, the budget and appropriations requests of
the Superior Court for the District of Columbia, the Dis-
trict of Columbia Court of Appeals, and the District of
Columbia court system.
SEC. 342. ADMINISTRATION OF COURTS UNDER DISTRICT
OF COLUMBIA CODE.
(a) SUBMISSION OF ANNUAL BUDGET REQUESTS BY
JOINT COMMITTEE ON JUDICIAL ADMINISTRATION.—Sec-
tion 11–1701(b)(4), District of Columbia Code, is amend-
ed to read as follows:
‘‘(4) Submission of the annual budget requests
of the District of Columbia Court of Appeals and the
Superior Court through the Executive Officer of the
District of Columbia Courts as the integrated budget
of the District of Columbia court system, except that
such requests may be modified upon the concurrence
of four of the five members of the Joint Commit-
tee.’’.
(b) AUDIT OF ACCOUNTS OF COURTS.—Section 11–
1723(a)(3), District of Columbia Code, is amended to read
as follows:
‘‘(3) The Fiscal Officer shall be responsible for
the approval of vouchers and the internal auditing of
the accounts of the courts and shall arrange for an
annual independent audit of the accounts of the
courts.’’.
(c) APPOINTMENT AND REMOVAL OF COURT PER-
SONNEL.—Section 11–1725(b) of the District of Columbia
Code is amended to read as follows:
‘‘(b) The Executive Officer shall appoint, and may
remove, the Director of Social Services, the clerks of the
courts, the Auditor-Master, and all other nonjudicial per-
sonnel for the courts (other than the Register of Wills and
personal law clerks and secretaries of the judges) as may
be necessary, subject to—
‘‘(1) regulations approved by the Joint Commit-
tee; and
‘‘(2) the approval of the chief judge of the court
to which the personnel are or will be assigned.
‘‘Appointments and removals of court personnel shall
not be subject to the laws, rules, and limitations applicable
to District of Columbia employees.’’.
(d) PROCUREMENT
OF
EQUIPMENT
AND
SUP-
PLIES.—Section 11–1742(b), District of Columbia Code,
is amended to read as follows:
‘‘(b) The Executive Officer shall be responsible for
the procurement of necessary equipment, supplies, and
services for the courts and shall have power, subject to
applicable law, to reimburse the District of Columbia gov-
ernment for services provided and to contract for such
equipment, supplies, and services as may be necessary.’’.
(e) BUDGET AND EXPENDITURES.—
(1) IN GENERAL.—Section 11–1743, District of
Columbia Code, is amended to read as follows:
‘‘§ 11–743. Annual Budget and Expenditures.
‘‘(a) The Joint Committee shall prepare and submit
through the Executive Officer of the District of Columbia
Courts annual estimates of the expenditures and appro-
priations necessary for the maintenance and operations of
the District of Columbia court system. All such estimates
shall be included in the budget without revision by the
President but subject to the President’s recommendations.
‘‘(b) The District of Columbia Courts may make such
expenditures as may be necessary to execute efficiently the
functions vested in the Courts.
‘‘(c) All expenditures of the Courts shall be allowed
and paid upon presentation of itemized vouchers signed
by the certifying officer designated by the Joint Commit-
tee. All such expenditures shall be paid out of moneys ap-
propriated for purposes of the Courts.’’.
(2) CLERICAL AMENDMENT.—The item relating
to section 11–1743 in the table of sections for sub-
chapter III of chapter 17 of title 11, District of Co-
lumbia Code, is amended to read as follows:
‘‘11–1743. Annual budget and expenditures.’’.
SEC. 343. BUDGETING AND FINANCING REQUIREMENTS
FOR COURTS UNDER HOME RULE ACT.
(a) BUDGET OF COURTS.—Section 445 of the Dis-
trict of Columbia Self-Government and Governmental Re-
organization Act (DC Code, Title 11 App.) is amended
to read as follows:
‘‘SEC. 445. The District of Columbia courts shall pre-
pare and annually submit through the Executive Office of
the District of Columbia Courts to the Office of Manage-
ment and Budget, for inclusion in the annual budget, an-
nual estimates of the expenditures and appropriations nec-
essary for the maintenance and operation of the District
of Columbia court system. The courts shall submit as part
of their budgets both a multiyear plan and a multiyear
capital improvements plan and shall submit a statement
presenting qualitative and quantitative descriptions of
court activities and the status of efforts to comply with
reports of the Comptroller General of the United States.’’.
(b) FINANCIAL DUTIES OF THE MAYOR.—Section
448(a)(6) of such Act (DC Code, sec. 47–310(a)(6)) is
amended to read as follows:
‘‘(6) supervise and be responsible for the levy-
ing and collection of all taxes, special assessments,
license fees, and other revenues of the District, as
required by law, and receive all moneys receivable by
the District from the Federal Government or from
any agency or instrumentality of the District, except
that this paragraph shall not apply to moneys from
the District of Columbia Courts.’’.
(c) FUNDS OF THE DISTRICT.—Section 450 of such
Act (DC Code, sec. 47–130), is amended to read as fol-
lows:
‘‘SEC. 450. The General Fund of the District shall
be composed of those District revenues which on the effec-
tive date of this title are paid into the Treasury of the
United States and credited either to the General Fund of
the District or its miscellaneous receipts, but shall not in-
clude any revenues which are applied by law to any special
fund existing on the date of enactment of this title. The
Council may from time to time establish such additional
special funds as may be necessary for the efficient oper-
ation of the government of the District. All money received
by any agency, officer, or employee of the District in its
or his official capacity shall belong to the District govern-
ment and shall be paid promptly to the Mayor for deposit
in the appropriate fund, except that all money received
by the District of Columbia Courts shall be deposited in
the Treasury of the United States.’’.
(d) REDUCTIONS
IN BUDGETS
OF INDEPENDENT
AGENCIES.—Section 453(c) of such Act (DC Code, sec.
47–304.1(c)) is amended to read as follows:
‘‘(c) Subsection (a) shall not apply to amounts appro-
priated or otherwise made available to the Council or to
the District of Columbia Financial Responsibility and
Management Assistance Authority established under sec-
tion 101(a) of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995.’’.
(e) TREATMENT OF COURT FEES IN CALCULATION
OF LIMITS ON DISTRICT BORROWING.—Section 603 of
such Act (DC Code, sec. 47–313) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in the first sentence, by striking
‘‘less court fees, any fees’’ and inserting
‘‘less any fees’’; and
(ii) in the second sentence, by striking
‘‘section 2501 , title 47 of the District of
Columbia Code, as amended’’ and inserting
‘‘title VI of the District of Columbia Reve-
nue Act of 1939’’;
(B) in paragraph (3)(A), by striking ‘‘less
court fees, any fees’’ and inserting ‘‘less any
fees’’; and
(2) in subsection (c), by striking the last sen-
tence (relating to budget estimates of the District of
Columbia courts).
SEC. 344. AUDITING OF ACCOUNTS OF COURT SYSTEM.
(a) POWERS OF DISTRICT OF COLUMBIA AUDITOR.—
Section 455 of the District of Columbia Self-Government
and Governmental Reorganization Act (DC Code, sec. 47–
117) is amended by adding at the end the following new
subsection:
‘‘(g) This section shall not apply to the District of
Columbia Courts or the accounts and operations thereof.’’
(b) SUBMISSION OF GAO AUDIT REPORTS TO MAYOR
AND COUNCIL.—Section 715(b) of title 31, United States
Code (DC Code, sec. 47–118.1(b)), is amended by striking
‘‘and the Mayor’’ and inserting ‘‘and (other than the audit
reports of the District of Columbia Courts) the Mayor’’.
(c) INDEPENDENT ANNUAL AUDIT.—Section 4 of
Public Law 94–399 (DC Code, sec. 47–119) is amended
by adding at the end the following new subsection:
‘‘(d) This section shall not apply to the District of
Columbia Courts or the financial operations thereof.’’
SEC. 345. MISCELLANEOUS BUDGETING AND FINANCING
REQUIREMENTS FOR COURTS UNDER DIS-
TRICT LAW.
(a) DEPOSIT OF PUBLIC FUNDS.—Section 2(21) of
the District of Columbia Depository Act of 1977 (DC
Code, sec. 47–341(21)) is amended by striking ‘‘a court,
agency’’ and inserting ‘‘an agency’’.
(b) REPROGRAMMING OF BUDGET AMOUNTS.—Sec-
tion 4(h) of D.C. Law 3–100 (DC Code, sec. 47–363(h))
is amended by striking ‘‘the District of Columbia courts,’’.
(c) CONTROL OF GRANT FUNDS.—(1) Section 3(1)
of D.C. Law 3–104 (DC Code, sec. 47–382(1)) is amended
to read as follows:
‘‘(1) ‘Agency’ means the highest organizational
structure of the District at which budgeting data is
aggregated, but shall not include the District of Co-
lumbia Courts.’’
(2) Section 4(b) of D.C. Law 3–104 (DC Code, sec.
47–383(b)) is amended to read at follows:
‘‘(b) The Trustees of the University of the District
of Columbia, the Board of Education, and the D.C. Gen-
eral Hospital Commission shall submit to the Mayor two
copies of the application and completed approval form, as
an advisory notice, concurrent with submitting the appli-
cation and completed approval form to a grant-making
agency in accordance with rules and regulations issued
pursuant to subsection (c) of this section.’’.
SEC. 346. OTHER PROVISIONS RELATING TO ADMINISTRA-
TION OF DISTRICT OF COLUMBIA COURTS.
(a) JUROR FEES.—Section 11–1912(a), District of
Columbia Code, is amended to read as follows:
100
‘‘(a) Notwithstanding section 602(a) of the District
of Columbia Self-Government and Governmental Reorga-
nization Act, grand and petit jurors serving in the Supe-
rior Court shall receive fees and expenses at rates estab-
lished by the Board of Judges of the Superior Court’’, ex-
cept that such fees and expenses may not exceed the re-
spective rates paid to such jurors in the Federal system.’’.
(b) COMPENSATION OF NONJUDICIAL PERSONNEL
TIED TO COMPENSATION FOR FEDERAL EMPLOYEES.—
Section 11–1726, District of Columbia Code, is amend-
ed—
(1) by striking ‘‘without’’ and inserting ‘‘with’’;
and
(2) by striking ‘‘and District of Columbia Gov-
ernments’’ and inserting ‘‘Government’’.
PART 2—JUDICIAL RETIREMENT PROGRAM
SEC. 351. JUDICIAL RETIREMENT AND SURVIVORS ANNU-
ITY FUND.
(a) ESTABLISHMENT OF FUND.—Section 11–1570,
District of Columbia Code, is amended to read as follows:
‘‘§ 11–1570. The District of Columbia Judicial Retire-
ment and Survivors Annuity Fund.
‘‘(a) There is established in the Treasury a fund
known as the District of Columbia Judicial Retirement
101
and Survivors Annuity Fund, which shall consist of the
following assets:
‘‘(1) Amounts deposited by, or deducted and
withheld from the salary and retired pay of, a judge
under section 1563 or 1567 of this title, which shall
be credited to an individual account of the judge.
‘‘(2) Amounts transferred from the District of
Columbia Judges’ Retirement Fund under section
124(c)(1) of the District of Columbia Retirement
Reform Act.
‘‘(3) Any return on investment of the assets of
the fund.
‘‘(b) Amounts in the fund are available for the pay-
ment of judges’ retirement salaries, annuities, refunds,
and allowances under this subchapter.
‘‘(c) The chief judges of the District of Columbia
Court of Appeals and Superior Court of the District of
Columbia shall submit to the President an annual estimate
of the expenditures and appropriations necessary for the
maintenance and operation of the fund, and such supple-
mental and deficiency estimates as may be required from
time to time for the same purposes, according to law.
‘‘(d)(1) The chief judge may cause periodic examina-
tions of the retirement fund to be made by an actuary,
102
who may be an actuary employed by another department
of the Government temporarily assigned for the purpose.
‘‘(2)(A) Subject to the availability of appropriations,
there shall be deposited in the Treasury to the credit of
the retirement fund, not later than the close of each fiscal
year, such amounts as may be required to reduce to zero
the unfunded liability (if any) of the fund. Such deposits
shall be taken from sums available for that fiscal year for
the payment of the expenses of the Court.
‘‘(B) For purposes of subparagraph (A) of this para-
graph, the term ‘unfunded liability’, with respect to any
fiscal year, means the amount estimated by the chief
judges to be equal to the excess (as of the close of that
fiscal year) of—
‘‘(i) the present value of all benefits payable
from the fund (determined on an annual basis is ac-
cordance with section 9503 of title 31, United States
Code), over
‘‘(ii) the sum of—
‘‘(I) the present values of future deduc-
tions under sections 11–1563 and 11–1567;
and
‘‘(II) the balance in the fund as of the
close of the fiscal year.
103
‘‘(C) Amounts deposited in the retirement fund under
this paragraph shall not be credited to the account of any
individual.
‘‘(e) The Secretary of the Treasury shall invest from
time to time in interest-bearing securities of the United
States, such portions of the fund as in such Secretary’s
judgment may not be immediately required for payment
from the fund.
‘‘(f) None of the moneys mentioned in this sub-
chapter (including moneys in the District of Columbia
Judges’ Retirement Fund) shall be assignable, either in
law or in equity, or be subject to execution, levy, attach-
ment, garnishment, or other legal process.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for subchapter III of chapter 15 of title 11, District of
Columbia Code, is amended by amending the item relating
to section 11–1570 to read as follows:
‘‘11–1570. The District of Columbia Judicial Retirement and Survivors Annuity
Fund.’’.
SEC. 352. TERMINATION OF CURRENT FUND AND PRO-
GRAM.
(a) 
TERMINATION
OF
JUDGES’ 
RETIREMENT
FUND.—Section 124 of the District of Columbia Retire-
ment Reform Act (DC Code, sec. 1–714) is amended by
striking subsection (c) and inserting the following:
104
‘‘(c)(1) Notwithstanding any other provision of this
Act or the amendments made by this Act, upon the date
provided for the transfer of assets of the Retirement Fund
described in title I of the National Capital Revitalization
and Self-Government Improvement Act of 1997, the assets
of the District of Columbia Judges’ Retirement Fund es-
tablished under subsection (a) shall be transferred to the
District of Columbia Judicial Retirement and Survivors
Annuity Fund under section 11–1570, District of Colum-
bia Code, and no amounts shall be deposited into the Dis-
trict of Columbia Judges’ Retirement Fund after the date
on which the assets are so transferred.
‘‘(2) The District of Columbia Judges’ Retirement
Fund established under subsection (a) shall be continued
in the Treasury and appropriated for the purposes pro-
vided in this Act until such time as all amounts in such
Fund have been expended or transferred to the District
of Columbia Judicial Retirement and Survivors Annuity
Fund pursuant to paragraph (1). Thereafter any pay-
ments of retirement salaries, annuities, refunds, and al-
lowances for judicial personnel of the District of Columbia
shall be paid from the District of Columbia Judicial Re-
tirement and Survivors Annuity Fund in accordance with
subchapter III of chapter 15 of title 11, District of Colum-
bia Code.’’.
105
(b) REMOVAL
OF
JUDGES
FROM
RETIREMENT
BOARD.—Section 121(b)(1)(A) of the District of Colum-
bia Retirement Reform Act (DC Code, sec. 1–
711(b)(1)(A)) is amended—
(1) in the matter preceding clause (i), by strik-
ing ‘‘13’’ and inserting ‘‘11’’;
(2) by striking clause (vii); and
(3) by redesignating clauses (viii) and (ix) as
clauses (vii) and (viii).
SEC. 353. CONFORMING AMENDMENTS.
(a) TRANSFER OF AUTHORITY OVER FUND TO SEC-
RETARY OF TREASURY.—Title 11, District of Columbia
Code, is amended as follows:
(1) In sections 11–1561(8)(C), 11–1562(c),
11–1563(b), 
11–1563(c), 
11–1564(d)(6), 
11–
1564(d)(7), 11–1566(a), and 11–1570(c), by strik-
ing ‘‘Commissioner [Mayor]’’ each place it appears
and inserting ‘‘Secretary of the Treasury’’.
(2) In sections 11–1566(b)(2), 11–1567(a), 11–
1567(b), by striking ‘‘Mayor’’ each place it appears
and inserting ‘‘Secretary of the Treasury’’.
(3) In sections 11–1564(d)(2)(A) and 11–
1568.1(1)(B), by striking ‘‘Mayor of the District of
Columbia’’ each place it appears and inserting ‘‘Sec-
retary of the Treasury’’.
106
(4) In section 11–1563(a), by striking ‘‘paid to
the Custodian of Retirement Funds (as defined in
section 102(6) of the District of Columbia Retire-
ment Reform Act)’’ and inserting ‘‘paid to the Sec-
retary of the Treasury’’.
(b) DEFINITION
OF
FUND.—Section 11–1561(4),
District of Columbia Code, is amended to read as follows:
‘‘(4) The term ‘fund’ means the District of Co-
lumbia Judicial Retirement and Survivors Annuity
Fund established by sections 11–1570.’’.
(c) 
TREATMENT
OF
FEDERAL
SERVICE
OF
JUDGES.—Section 11–1564(d)(4), District of Columbia
Code, is amended by striking ‘‘Judges’ Retirement Fund
established by section 124(a) of the District of Columbia
Retirement Reform Act’’ and inserting ‘‘Judicial Retire-
ment and Survivors Annuity Fund under section 11–
1570’’.
PART 3—MISCELLANEOUS CONFORMING AND
ADMINISTRATIVE PROVISIONS
SEC. 361. TREATMENT OF COURTS UNDER MISCELLANEOUS
DISTRICT LAWS.
(a) FINANCIAL RESPONSIBILITY AND MANAGEMENT
ASSISTANCE ACT.—Paragraph (5) of section 305 of the
District of Columbia Financial Responsibility and Man-
107
agement Assistance Act of 1995 (DC Code, sec. 47–
393(5)) is amended to read as follows:
‘‘(5) The term ‘District government’ means the
government of the District of Columbia, including
any department, agency or instrumentality of the
government of the District of Columbia; any inde-
pendent agency of the District of Columbia estab-
lished under part F of title IV of the District of Co-
lumbia Self-Government and Governmental Reorga-
nization Act or any other agency, board, or commis-
sion established by the Mayor or the Council; the
Council of the District of Columbia; and any other
agency, public authority, or public benefit corpora-
tion which has the authority to receive monies di-
rectly or indirectly from the District of Columbia
(other than monies received from the sale of goods,
the provision of services, or the loaning of funds to
the District of Columbia), except that such term
does not include the Authority.’’.
(b) MERIT PERSONNEL ACT.—(1) Section 201 of the
District of Columbia Comprehensive Merit Personnel Act
of 1978 (DC Code, sec. 1–602.1) is amended—
(A) by striking ‘‘(a) Except as provided in sub-
section (b) or unless’’ and inserting ‘‘Unless’’; and
(B) by striking subsection (b).
108
(2) Section 301(13) of the District of Columbia Com-
prehensive Merit Personnel Act of 1978 (DC Code, sec.
1–603.1(13)) is amended by striking ‘‘, the Superior
Court of the District of Columbia, and the District of Co-
lumbia Court of Appeals shall be considered independent
agencies’’ and inserting ‘‘shall be considered an independ-
ent agency’’.
SEC. 362. REPRESENTATION OF INDIGENTS IN CRIMINAL
CASES.
(a) BUDGET.—Section 11–2607, District of Colum-
bia Code, is amended to read as follows:
‘‘§ 11–2607. Preparation of Budget.
‘‘The joint committee shall prepare and include in its
annual budget requests for the District of Columbia court
system estimates of the expenditures and appropriations
necessary for furnishing representation by private attor-
neys to persons entitled to representation in accordance
with section 2601 of this title.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
11–2608 of the District of Columbia Code is amended to
read as follows:
‘‘§ 11–2608. Authorization of appropriations.
‘‘There are authorized to be appropriated through the
State Justice Institute to the District of Columbia Public
Defender Service such sums as may be necessary to pay
109
for representation by private attorneys and related serv-
ices under this chapter. When so specified in appropriation
Acts, such appropriations shall remain available until ex-
pended.’’.
(d) REPEAL AUTHORITY OF COUNCIL.—
(1) IN GENERAL.—Section 11–2609, District of
Columbia Code, is repealed.
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 26 of title 11, District of Columbia
Code, is amended by striking the item relating to
section 11–2609.
Subtitle E—Pretrial Services Agen-
cy and Public Defender Service
SEC. 371. AMENDMENTS AFFECTING PRETRIAL SERVICES
AGENCY.
(a) IN GENERAL.—Sections 23–1304 through 23–
1308 of the District of Columbia Code are amended to
read as follows:
‘‘§ 23–1304. Executive committee; composition; ap-
pointment and qualifications of Director.
‘‘(a) The agency shall be advised by an executive com-
mittee of seven members, of which four members shall
constitute a quorum. The Executive Committee shall be
composed of the following persons or their designees: the
Chief Judge of the United States Court of Appeals for
110
the District of Columbia Circuit, the Chief Judge of the
United States District Court for the District of Columbia,
the Chief Judge of the District of Columbia Court of Ap-
peals, the Chief Judge of the Superior Court of the Dis-
trict of Columbia, the United States Attorney for the Dis-
trict of Columbia, the Director of the District of Columbia
Public Defender Service, and the Director of the District
of Columbia Offender Supervision, Defender and Courts
Services Agency.
‘‘(b) The Chief Judge of the United States Court of
Appeals for the District of Columbia Circuit and the Chief
Judge of the United States District Court for the District
of Columbia, in consultation with the other members of
the executive committee, shall appoint a Director of the
agency who shall be a member of the bar of the District
of Columbia.
‘‘§ 23–1305. Duties of director; compensation.
‘‘(a) The Director of the agency shall be responsible
for the supervision and execution of the duties of the agen-
cy. The Director shall be compensated as a member of
the Senior Executive Service pursuant to subchapter VIII
of chapter 53 of title 5, United States Code.
111
‘‘§ 23–1306. Chief assistant and other agency person-
nel; compensation.
‘‘The Director shall employ a chief assistant who
shall be compensated as a member of the Senior Executive
Service pursuant to section 5382 of title 5, United States
Code. The Director shall employ such agency personnel
as may be necessary properly to conduct the business of
the agency. All employees other than the chief assistant
shall receive compensation that is comparable to levels of
compensation established for Federal pretrial services
agencies.
‘‘§ 23–1307. Annual reports.
‘‘(a) The Director shall each year submit to the exec-
utive committee and to the Director of the District of Co-
lumbia Offender Supervision, Defender and Courts Serv-
ices Agency a report as to the Pretrial Services Agency’s
administration of its responsibilities for the previous fiscal
year. The Director shall include in the report a statement
of financial condition, revenues, and expenses for the past
fiscal year.
‘‘§ 23–1308. Appropriation; budget.
‘‘There are authorized to be appropriated through the
State Justice Institute in each fiscal year such sums as
may be necessary to carry out the provisions of this sub-
chapter. Funds appropriated by Congress for the District
of Columbia Pretrial Services Agency shall be received by
112
the Director of the District of Columbia Offender Super-
vision, Defender and Courts Services Agency, and shall
be disbursed by that Director to and on behalf of the Dis-
trict of Columbia Pretrial Services Agency. The District
of Columbia Pretrial Services Agency shall submit to the
Director of the District of Columbia Offender Supervision,
Defender and Courts Services Agency at the time and in
the form prescribed by that Director, reports of its activi-
ties and financial position and its proposed budget.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for subchapter I of chapter 13 of title 23, District of Co-
lumbia Code, is amended by striking the items relating
to sections 23–1304 through 23–1308 and inserting the
following:
‘‘23–1304. Executive committee; composition; appointment and qualifications of
Director.
‘‘23–1305. Duties of director; compensation.
‘‘23–1306. Chief assistant and other agency personnel; compensation.
‘‘23–1307. Annual reports.
‘‘23–1308. Appropriation; budget.
SEC. 372. AMENDMENTS AFFECTING PUBLIC DEFENDER
SERVICE.
(a) BOARD OF TRUSTEES.—Section 303(a) of the
District of Columbia Court Reform and Criminal Proce-
dure Act of 1970 (DC Code, sec. 1–2703(a)) is amended
to read as follows:
‘‘(a) The Service shall be advised on matters of gen-
eral policy by a Board of Trustees.’’.
113
(b) APPOINTMENT OF DIRECTOR AND DEPUTY DI-
RECTOR.—Section 304 of such Act (DC Code, sec. 1–
2704) is amended to read as follows:
‘‘SEC. 304. DIRECTOR AND DEPUTY DIRECTOR; APPOINT-
MENT; DUTIES; MEMBERSHIP IN BAR RE-
QUIRED.
‘‘The Chief Judge of the United States Court of Ap-
peals for the District of Columbia Circuit and the Chief
Judge of the United States District Court for the District
of Columbia, in consultation with the persons described
in subparagraphs (B) through (D) of section 303(b)(1)
and the Board of Trustees, shall appoint a Director and
Deputy Director of the Service. The Director shall be re-
sponsible for the supervision and execution of the duties
of the Service. The Deputy Director shall assist the Direc-
tor and shall perform such duties as the Director may pre-
scribe. The Director and Deputy Director shall be mem-
bers of the bar of the District of Columbia. The Director
of the District of Columbia Offender Supervision, De-
fender and Courts Services Agency shall fix the compensa-
tion of the Director and the Deputy Director, but the com-
pensation of the Director shall not exceed the compensa-
tion received by the United States Attorney for the Dis-
trict of Columbia.’’.