H. R. 4566
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To make technical corrections to the National Capital Revitalization and Self-
Government Improvement Act of 1997 with respect to the courts and court system
of the District of Columbia.
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
and Justice Technical Corrections Act of 1998’’.
SEC. 2. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO
JUDICIAL RETIREMENT PROGRAM.
(a) ADMINISTRATION OF JUDICIAL RETIREMENT AND SURVIVORS
ANNUITY FUND.—Section 11–1570, District of Columbia Code, as
amended by section 11251 of the Balanced Budget Act of 1997,
is amended as follows:
(1) In subsection (b)(1)—
(A) by striking ‘‘title I of the National Capital
Revitalization and Self-Government Improvement Act of
1997’’ and inserting ‘‘subtitle A of title XI of the Balanced
Budget Act of 1997’’; and
(B) by inserting after the second sentence the following
new sentences: ‘‘Notwithstanding any other provision of
District law or any other law, rule, or regulation, any
Trustee, contractor, or enrolled actuary selected by the
Secretary under this subsection may, with the approval
of the Secretary, enter into one or more subcontracts with
the District of Columbia government or any person to pro-
vide services to such Trustee, contractor, or enrolled actu-
ary in connection with its performance of its agreement
with the Secretary. Such Trustee, contractor, or enrolled
actuary shall monitor the performance of any subcontract
to which it is a party and enforce its provisions.’’.
(2) In subsection (b)(2)—
(A) by striking ‘‘chief judges of the District of Columbia
Court of Appeals and Superior Court of the District of
Columbia’’ and inserting ‘‘Secretary’’;
(B) by striking ‘‘and the Secretary’’;
(C) by striking ‘‘and appropriations’’; and
(D) by striking ‘‘and deficiency’’.
(3) By amending subsection (c) to read as follows:
‘‘(c)(1) Amounts in the Fund are available—
‘‘(A) for the payment of judges retirement pay, annuities,
refunds, and allowances under this subchapter;
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‘‘(B) to cover the reasonable and necessary expenses of
administering the Fund under any agreement entered into
with a Trustee, contractor, or enrolled actuary under subsection
(b)(1), including any agreement with a department, agency,
or instrumentality of the United States; and
‘‘(C) to cover the reasonable and necessary administrative
expenses incurred by the Secretary in carrying out the Sec-
retary’s responsibilities under this subchapter.
‘‘(2) Notwithstanding any other provision of District law or
any other law (other than the Internal Revenue Code of 1986),
rule, or regulation—
‘‘(A) the Secretary may review benefit determinations under
this subchapter made prior to the date of the enactment of
the Balanced Budget Act of 1997, and shall make initial benefit
determinations after such date; and
‘‘(B) the Secretary may recoup or recover, or waive
recoupment or recovery of, any amounts paid under this sub-
chapter as a result of errors or omissions by any person.’’.
(4) In subsection (d)(1)—
(A) by striking ‘‘Subject to the availability of appropria-
tions, there shall be deposited into the Fund’’ and inserting
‘‘The Secretary shall pay into the Fund from the General
Fund of the Treasury’’; and
(B) by striking ‘‘(beginning with the first fiscal year
which ends more than 6 months after the replacement
plan adoption date described in section 103(13) of the
National Capital Revitalization and Self-Government
Improvement Act of 1997)’’.
(5) In subsection (d)(2)(A)—
(A) by striking ‘‘June 30, 1997’’ and inserting
‘‘September 30, 1997’’; and
(B) by striking ‘‘net the sum of future normal cost’’
and inserting ‘‘net of the sum of the present value of
future normal costs’’.
(6) In subsection (d)(3), by striking ‘‘shall be taken from
sums available for that fiscal year for the payment of the
expenses of the Court, and’’.
(7) By adding at the end the following new subsections:
‘‘(h) For purposes of the Employee Retirement Income Security
Act of 1974, the benefits provided by the Fund shall be treated
as benefits provided under a governmental plan maintained by
the District of Columbia.
‘‘(i) Federal obligations for benefits under this subchapter are
backed by the full faith and credit of the United States.’’.
(b) REGULATORY AUTHORITY OF SECRETARY.—Section 11251 of
the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat.
756) is amended—
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new sub-
section:
‘‘(b) REGULATIONS; EFFECT ON REFORM ACT.—Title 11, District
of Columbia Code, is amended by adding the following new section:
‘§ 11–1572. Regulations; effect on Reform Act.
‘(a) The Secretary is authorized to issue regulations to imple-
ment, interpret, administer, and carry out the purposes of this
subchapter, and, in the Secretary’s discretion, those regulations
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may have retroactive effect, except that nothing in this subsection
may be construed to permit the Secretary to issue any regulation
to retroactively reduce or eliminate the benefits to which any
individual is entitled under this subchapter.
‘(b) This subchapter supersedes any provision of the District
of Columbia Retirement Reform Act (Public Law 96-122) inconsist-
ent with this subchapter and the regulations thereunder.’.’’; and
(3) by amending subsection (c) (as so redesignated) to read
as follows:
‘‘(c) CLERICAL AMENDMENTS.—
‘‘(1) The table of sections for subchapter III of chapter
15 of title 11, District of Columbia Code, is amended by amend-
ing the item relating to section 11–1570 to read as follows:
‘11–1570. The District of Columbia Judicial Retirement and Survivors Annuity
Fund.’.
‘‘(2) The table of sections for subchapter III of chapter
15 of title 11, District of Columbia Code, is amended by adding
at the end the following new item:
‘11–1572. Regulations; effect on Reform Act.’.’’.
(c) TERMINATION OF PREVIOUS FUND AND PROGRAM.—Section
124 of the District of Columbia Retirement Reform Act (DC Code,
sec. 1–714), as amended by section 11252(a) of the Balanced Budget
Act of 1997, is amended—
(1) in subsection (a), by inserting ‘‘(except as provided in
section 11–1570, District of Columbia Code)’’ after ‘‘the
following’’;
(2) in subsection (c)(1), by striking ‘‘title I of the National
Capital Revitalization and Self-Government Improvement Act
of 1997’’ and inserting ‘‘subtitle A of title XI of the Balanced
Budget Act of 1997’’; and
(3) in subsection (c)(2)—
(A) by striking ‘‘(2) The’’ and inserting ‘‘(2) In
accordance with the direction of the Secretary, the’’;
(B) by striking ‘‘in the Treasury’’ and inserting ‘‘at
the Board’’; and
(C) by striking ‘‘appropriated’’ and inserting ‘‘used’’.
(d) ADMINISTRATION
OF RETIREMENT FUNDS.—Section 11252
of the Balanced Budget Act of 1997 is amended—
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new
subsection:
‘‘(b) TRANSITION
FROM DISTRICT
OF COLUMBIA ADMINISTRA-
TION.—Sections 11023, 11032(b)(2), 11033(d), and 11041 shall apply
to the administration of the District of Columbia Judges Retirement
Fund established under section 124 of the District of Columbia
Retirement Reform Act (D.C. Code, sec. 1–714), the District of
Columbia Judicial Retirement and Survivors Annuity Fund estab-
lished under section 11–1570, District of Columbia Code, and the
retirement program for judges under subchapter III of chapter
15 of title 11, District of Columbia Code, except as follows:
‘‘(1) In applying each such section—
‘‘(A) any reference to this subtitle shall instead refer
to subchapter III of chapter 15 of title 11, District of
Columbia Code;
‘‘(B) any reference to the District Retirement Program
shall be deemed to include the retirement program for
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judges under subchapter III of chapter 15 of title 11,
District of Columbia Code;
‘‘(C) any reference to the District Retirement Fund
shall be deemed to include the District of Columbia Judges
Retirement Fund established under section 124 of the
District of Columbia Retirement Reform Act;
‘‘(D) any reference to Federal benefit payments shall
be deemed to include judges retirement pay, annuities,
refunds, and allowances under subchapter III of chapter
15 of title 11, District of Columbia Code;
‘‘(E) any reference to the Trust Fund shall instead
refer to the District of Columbia Judicial Retirement and
Survivors Annuity Fund established under section 11–1570,
District of Columbia Code;
‘‘(F) any reference to section 11033 shall instead refer
to section 124 of the District of Columbia Retirement
Reform Act, as amended by section 11252; and
‘‘(G) any reference to chapter 2 shall instead refer
to section 11–1570, District of Columbia Code.
‘‘(2) In applying section 11023—
‘‘(A) any reference to the contract shall instead refer
to the agreement referred to in section 11–1570(b), District
of Columbia Code; and
‘‘(B) any reference to the Trustee shall instead refer
to the Trustee or contractor referred to in section 11–
1570(b), District of Columbia Code.
‘‘(3) In applying section 11033(d)—
‘‘(A) any reference to this section shall instead refer
to section 124 of the District of Columbia Retirement
Reform Act, as amended by section 11252; and
‘‘(B) any reference to the Trustee shall instead refer
to the Secretary or the Trustee or contractor referred to
in section 11–1570(b), District of Columbia Code.
‘‘(4) In applying section 11041(b), any reference to the
Trustee shall instead refer to the Trustee or contractor referred
to in section 11–1570(b), District of Columbia Code.’’; and
(3) by adding at the end the following new subsection:
‘‘(d) EFFECTIVE DATE.—The provisions of subsection (c) shall
take effect on the date on which the assets of the District of
Columbia Judges Retirement Fund are transferred to the District
of Columbia Judicial Retirement and Survivors Annuity Fund.’’.
(e) MISCELLANEOUS TECHNICAL AND CLERICAL AMENDMENTS.—
(1) Sections 11–1568(d) and 11–1569, District of Columbia Code,
are each amended by striking ‘‘Mayor’’ each place it appears and
inserting ‘‘Secretary of the Treasury’’.
(2) Section 11–1568.2, District of Columbia Code, is amended
by striking ‘‘Mayor of the District of Columbia’’ each place it appears
and inserting ‘‘Secretary of the Treasury’’.
(3) Section 121(b)(1)(A) of the District of Columbia Retirement
Reform Act (D.C. Code, sec. 1–711(b)(1)(A)), as amended by section
11252(c)(1) of the Balanced Budget Act of 1997 (as redesignated
by subsection (d)(1)), is amended in the matter preceding clause
(i), by striking ‘‘11’’ and inserting ‘‘12’’.
(4) Section 11–1561(4), District of Columbia Code, as amended
by section 11253(b) of the Balanced Budget Act of 1997, is amended
by striking ‘‘sections’’ and inserting ‘‘section’’.
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(5) Section 11253(c) of the Balanced Budget Act of 1997 (Public
Law 105–33; 111 Stat. 759) is amended to read as follows:
‘‘(c) TREATMENT
OF FEDERAL SERVICE
OF JUDGES.—Section
11–1564, District of Columbia Code, is amended—
‘‘(1) in subsection (d)(2)(A), by striking ‘section 1–1814)’
and inserting ‘section 1–714) or the District of Columbia
Judicial Retirement and Survivors Annuity Fund (established
by section 11–1570)’; and
‘‘(2) in subsection (d)(4), by striking ‘Judges Retirement
Fund established by section 124(a) of the District of Columbia
Retirement Reform Act’ and inserting ‘Judicial Retirement and
Survivors Annuity Fund under section 11–1570’.’’.
(6) Section 11253 of the Balanced Budget Act of 1997 (Public
Law 105–33; 111 Stat. 759) is amended by adding at the end
the following new subsection:
‘‘(d) REDEPOSITS TO FUND.—Section 11–1568.1(4)(A), District
of Columbia Code, is amended by striking ‘Judges Retirement Fund’
and inserting ‘Judicial Retirement and Survivors Annuity Fund’.’’.
(f ) EFFECTIVE DATE.—The amendments made by subsections
(a)(2), (a)(4), and (a)(6) shall take effect October 1, 1998.
SEC. 3. RETIREMENT ELECTION FOR CERTAIN FORMER EMPLOYEES
OF THE DISTRICT OF COLUMBIA.
(a) IN GENERAL.—Notwithstanding any provision of the District
of Columbia Code, or of chapter 83 or chapter 84 of title 5, United
States Code, a former employee of the District of Columbia who
is hired by the Department of Justice, or by the agency established
by section 11233(a) of the Balanced Budget Act of 1997 (hereafter
in this section referred to as the ‘‘Agency’’), on or after August
5, 1997, may elect, within 60 days after the issuance of regulations
pursuant to subsection (c), or within 60 days of being hired, if
later, to be covered by the retirement system of the District of
Columbia under which the person was most recently covered. No
election under this subsection may be made by a person who is
hired more than one year after the date on which the Lorton
Correctional Complex is closed, or more than one year after the
date on which the Agency assumes its duties, whichever is later.
(b) PERIOD OF ELECTION.—The election authorized by subsection
(a) shall remain in force until the employee is no longer employed
by the agency in which he or she was employed at the time the
election was made.
(c) REGULATIONS.—The election authorized by subsection (a)
shall be in accordance with regulations issued by the Office of
Personnel Management after consulting with the Department of
Justice, the Agency, and the government of the District of Columbia.
The government of the District of Columbia shall administer the
retirement coverage for any employee making such an election.
SEC. 4. LEAVE FOR CERTAIN FORMER EMPLOYEES OF THE DISTRICT
OF COLUMBIA.
(a) IN GENERAL.—Notwithstanding any provision of law, a
former employee of the District of Columbia who is hired by the
Department of Justice, or by the agency established by section
11233(a) of the Balanced Budget Act of 1997 (hereafter in this
section referred to as the ‘‘Agency’’), on or after August 5, 1997,
shall—
H. R. 4566—6
(1) in determining the rate of accrual of annual leave
under section 6303 of title 5, United States Code, be entitled
to credit for service as an employee of the District of Columbia;
(2) to the extent that the employee has not used or other-
wise been compensated for annual leave accrued as an employee
of the District of Columbia, have all such accrued annual leave
transferred, in accordance with the procedures established
under section 6308 of title 5, United States Code, to the credit
of the employee in the new employing agency; and
(3) to the extent the employee has not used or otherwise
been compensated for sick leave accrued as an employee of
the District of Columbia, have all such accrued sick leave
transferred, in accordance with the procedures established
under section 6308 of title 5, United States Code, to the credit
of the employee in the new employing agency.
(b) TERMINATION.—Subsection (a) is not applicable to any
former employee of the District of Columbia who is hired by the
Department of Justice or the Agency more than one year after
the date on which the Lorton Correctional Complex is closed, or
more than one year after the date on which the Agency assumes
its duties, whichever is later.
SEC. 5. CLARIFICATION OF PROVISIONS RELATING TO PRIORITY
CONSIDERATION FOR SEPARATED EMPLOYEES OF THE
DISTRICT OF COLUMBIA DEPARTMENT OF CORREC-
TIONS.
(a) IN GENERAL.—Section 11203(b) of the Balanced Budget Act
of 1997 (D.C. Code, sec. 24–1203(b)) is amended by amending the
second sentence to read as follows: ‘‘The priority consideration pro-
gram shall also include provisions under which an employee
described in subsection (a) who has not been appointed to a Federal
Bureau of Prisons law enforcement position and who applies for
another Federal position in the competitive service shall receive
priority consideration and may be given a competitive service
appointment noncompetitively to such a competitive service posi-
tion.’’.
(b) RELOCATION ALLOWANCE.—Section 11203(b) of such Act
(D.C. Code, sec. 24–1203(b)) is amended by inserting after the
second sentence the following: ‘‘The Director of the Bureau of Pris-
ons may provide a relocation allowance to any individual who
is hired by the Director under the program established under this
section for a position outside of the Washington Metropolitan Area.’’.
(c) EFFECTIVE
DATE; TREATMENT
OF
INDIVIDUALS
GIVEN
PRIORITY PRIOR TO ENACTMENT.—(1) The amendment made by sub-
section (a) shall take effect on the date of the enactment of this
Act.
(2) Individuals who have been appointed with excepted service
appointments under section 11203(b) of the Balanced Budget Act
of 1997 prior to the date of the enactment of this Act shall be
converted noncompetitively to competitive service appointments in
their current positions.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO
DISTRICT OF COLUMBIA COURTS.
(a) AUTHORITY OF JOINT COMMITTEE ON JUDICIAL ADMINISTRA-
TION TO EXCLUDE TEMPORARY EMPLOYEES FROM FERS.—Section
8402(c) of title 5, United States Code, is amended by adding at
the end the following:
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‘‘(9) The Joint Committee on Judicial Administration in the
District of Columbia may exclude from the operation of this chapter
an employee of the District of Columbia Courts whose employment
is temporary or of uncertain duration.’’.
(b) REPEAL OF FUNDING THROUGH STATE JUSTICE INSTITUTE.—
(1) FUNDING OF COURTS.—Section 11241(a) of the Balanced
Budget Act of 1997 (D.C. Code, sec. 11–1743 note) and section
11–2608, District of Columbia Code (as amended by section
11262(b) of the Balanced Budget Act of 1997) are each amended
by striking ‘‘through the State Justice Institute’’ and inserting
‘‘for payment to the Joint Committee on Judicial Administration
in the District of Columbia’’.
(2) FUNDING OF OTHER AGENCIES.—Section 11234 of such
Act (D.C. Code, sec. 24–1234) is amended by striking ‘‘through
the State Justice Institute’’.
(c) OTHER
MISCELLANEOUS
TECHNICAL
AND
CONFORMING
AMENDMENTS.—(1) Section 11241(b) of the Balanced Budget Act
of 1997 (D.C. Code, sec. 11–1743 note) is amended by striking
‘‘Superior Court for’’ and inserting ‘‘Superior Court of’’.
(2)(A) Section 1 of the Act entitled ‘‘An Act for the establishment
of a probation system for the District of Columbia’’, approved June
25, 1910 (36 Stat. 864), as amended and reenacted by the Act
entitled ‘‘An Act to amend and reenact an Act for the establishment
of a probation system for the District of Columbia’’, approved March
4, 1919 (40 Stat. 1324-25; D.C. Code, sec. 24–101), is repealed.
(B) Section 5 of the Act entitled ‘‘An Act for the establishment
of a probation system for the District of Columbia’’, approved June
25, 1910 (36 Stat. 865), as amended and reenacted by the Act
entitled ‘‘An Act to amend and reenact an Act for the establishment
of a probation system for the District of Columbia’’, approved March
14, 1919 (40 Stat. 1324-25; D.C. Code, sec. 24–105), is repealed.
SEC. 7. DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE.
(a) REMOVING
SERVICE
FROM
JURISDICTION
OF
OFFENDER
SUPERVISION TRUSTEE AND AGENCY.—
(1) AUTHORITY
OF
TRUSTEE.—Section 11232(b)(2) of the
Balanced Budget Act of 1997 (D.C. Code, sec. 24–1232(b)(2))
is amended by striking ‘‘, except that’’ and all that follows
through ‘‘Service’’.
(2) AUTHORITY OF AGENCY.—Section 11233(e) of such Act
(D.C. Code, sec. 24–1233(e)) is amended as follows:
(A) In the subsection heading strike ‘‘AND PUBLIC
DEFENDER SERVICE’’.
(B) Amend paragraph (1) to read as follows:
‘‘(1) INDEPENDENT
ENTITY.—The District of Columbia
Pretrial Services Agency established by subchapter I of chapter
13 of title 23, District of Columbia Code shall function as
an independent entity within the Agency.’’.
(C) Strike paragraph (3) and redesignate paragraphs
(4) and (5) as paragraphs (3) and (4).
(D) In paragraph (3) (as so redesignated)—
(i) strike ‘‘, the District of Columbia Public
Defender Service,’’; and
(ii) strike ‘‘or the District of Columbia Public
Defender Service’’.
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(E) In paragraph (4)(A) (as so redesignated), strike
‘‘and the District of Columbia Public Defender Service’’
each place it appears.
(3) AUTHORIZATION OF APPROPRIATIONS.—Section 11234 of
such Act (D.C. Code, sec. 24–1234) is amended by striking
paragraph (2) and redesignating the succeeding paragraphs
accordingly.
(4) PERMITTING
TRUSTEE
TO
EXERCISE
AUTHORITIES
ON
BEHALF OF SERVICE AT REQUEST OF DIRECTOR OF THE SERVICE.—
Section 11232 of such Act (D.C. Code, sec. 24–1232) is amended
by adding at the end the following new subsection:
‘‘(i) EXERCISE OF AUTHORITY ON BEHALF OF PUBLIC DEFENDER
SERVICE.—At the request of the Director of the District of Columbia
Public Defender Service, the Trustee may exercise any of the powers
and authorities of the Trustee on behalf of such Service in the
same manner and to the same extent as the Trustee may exercise
such powers and authorities in relation to any agency described
in subsection (b).’’.
(b) REVISING NAME OF TRUSTEE.—
(1) IN GENERAL.—Section 11232 of the Balanced Budget
Act of 1997 (D.C. Code, sec. 24–1233) is amended—
(A) in the heading, by striking ‘‘DEFENSE SERV-
ICES,’’; and
(B) in subsection (a)(1), by striking ‘‘Defense Services,’’.
(2) CLERICAL AMENDMENT.—The table of contents for title
XI of the Balanced Budget Act of 1997 is amended in the
item relating to section 11232 by striking ‘‘Defense Services,’’.
(c) REVISING NAME OF AGENCY.—
(1) IN GENERAL.—Section 11233 of the Balanced Budget
Act of 1997 (D.C. Code, sec. 24–1233) is amended—
(A) in the heading, by striking ‘‘OFFENDER SUPER-
VISION, DEFENDER AND COURTS SERVICES’’ and
inserting 
‘‘COURT 
SERVICES 
AND 
OFFENDER
SUPERVISION’’; and
(B) in subsection (a), by striking ‘‘the District of Colum-
bia Offender Supervision, Defender, and Courts Services
Agency’’ and inserting ‘‘the Court Services and Offender
Supervision Agency for the District of Columbia’’.
(2) CONFORMING AMENDMENTS.—(A) Section 11231 of the
Balanced Budget Act of 1997 (D.C. Code, sec. 24–1231) is
amended by striking ‘‘the District of Columbia Offender Super-
vision, Defender, and Courts Services Agency’’ each place it
appears in subsections (a)(2), (a)(3), and (b) and inserting ‘‘the
Court Services and Offender Supervision Agency for the District
of Columbia’’.
(B) Section 11232 of such Act (D.C. Code, sec. 24–1232)
is amended by striking ‘‘the District of Columbia Offender
Supervision, Defender, and Courts Services Agency’’ each place
it appears in subsections (b) and (h) and inserting ‘‘the Court
Services and Offender Supervision Agency for the District of
Columbia’’.
(C) Section 23–1304(a), District of Columbia Code (as
amended by section 11271(a) of the Balanced Budget Act of
1997) is amended by striking ‘‘the District of Columbia Offender
Supervision, Defender, and Courts Services Agency’’ and insert-
ing ‘‘the Court Services and Offender Supervision Agency for
the District of Columbia’’.
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(D) Section 23–1307, District of Columbia Code (as
amended by section 11271(a) of the Balanced Budget Act of
1997) is amended—
(i) by striking ‘‘(a)’’; and
(ii) by striking ‘‘the District of Columbia Offender
Supervision, Defender, and Courts Services Agency’’ and
inserting ‘‘the Court Services and Offender Supervision
Agency for the District of Columbia’’.
(E) Section 23–1308, District of Columbia Code (as amend-
ed by section 11271(a) of the Balanced Budget Act of 1997)
is amended by striking ‘‘the District of Columbia Offender
Supervision, Defender, and Courts Services Agency’’ each place
it appears and inserting ‘‘the Court Services and Offender
Supervision Agency for the District of Columbia’’.
(3) CLERICAL AMENDMENT.—The table of contents for title
XI of the Balanced Budget Act of 1997 is amended in the
item relating to section 11233 by striking ‘‘Offender Super-
vision, Defender and Courts Services’’ and inserting ‘‘Court
Services and Offender Supervision’’.
(d) REPEAL
OF
CERTAIN
AMENDMENTS
AFFECTING
PUBLIC
DEFENDER SERVICES.—Section 11272 of the Balanced Budget Act
of 1997 (Public Law 105–33; 111 Stat. 762) is hereby repealed,
and any provision of law amended or repealed by such section
shall be restored or revived as if such section had not been enacted
into law.
(e) TRANSFER OF EMPLOYEES OF SERVICE TO FEDERAL RETIRE-
MENT AND BENEFIT PROGRAMS.—
(1) IN GENERAL.—Section 305 of the District of Columbia
Court Reform and Criminal Procedure Act of 1970 (D.C. Code,
sec. 1–2705) is amended by inserting at the end the following:
‘‘(c)(1) Employees of the Service shall be treated as employees
of the Federal Government solely for purposes of any of the following
provisions of title 5, United States Code: subchapter 1 of chapter
81 (relating to compensation for work injuries), chapter 83 (relating
to retirement), chapter 84 (relating to Federal Employees’ Retire-
ment System), chapter 87 (relating to life insurance), and chapter
89 (relating to health insurance).
‘‘(2) The Service shall make contributions under the provisions
referred to in paragraph (1) at the same rates applicable to agencies
of the Federal Government.
‘‘(3) An individual who is an employee of the Service on the
date of the enactment of this subsection may make, within 60
days after the issuance of regulations under paragraph (4), an
election under section 8351 or 8432 of title 5, United States Code,
to participate in the Thrift Savings Plan for Federal employees.
‘‘(4) This subsection shall apply with respect to all months
beginning after the date on which the Director of the Office of
Personnel Management issues regulations to carry out this sub-
section.
‘‘(5) For purposes of vesting pursuant to section 2610(b) of
the District of Columbia Government Comprehensive Merit Person-
nel Act of 1978 (D.C. Code, sec. 1–627.10(b)), creditable service
with the District for employees whose participation in the District
Defined Contribution Plan ceases as a result of implementation
of this subsection shall include service performed thereafter for
the Service.’’.
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(2) CONFORMING
AMENDMENTS.—(A) Section 306 of the
District of Columbia Court Reform and Criminal Procedure
Act of 1970 (D.C. Code, sec. 1–2706) is amended—
(i) in subsection (a), by striking ‘‘Mayor of the District
of Columbia’’ and inserting ‘‘Office of Management and
Budget’’; and
(ii) in subsection (b), by striking ‘‘Administrative Office
of the United States Courts’’ and inserting ‘‘Office of
Management and Budget’’.
(B) Section 307(a) of the District of Columbia Court Reform
and Criminal Procedure Act of 1970 (D.C. Code, sec. 1–2707(a))
is amended to read as follows:
‘‘(a) There are authorized to be appropriated through the Court
Services and Offender Supervision Agency for the District of Colum-
bia (or, until such Agency assumes its duties pursuant to section
11233(a) of the Balanced Budget Act of 1997, through the Trustee
appointed pursuant to section 11232 of such Act) in each fiscal
year such sums as may be necessary to carry out this chapter.
Funds appropriated pursuant to this subsection shall be transmitted
by the Agency (or, if applicable, by the Trustee) to the Service.
The Service may arrange by contract or otherwise for the disburse-
ment of appropriated funds, procurement, and the provision of
other administrative support functions by the General Services
Administration or by other agencies or entities, not subject to the
provisions of the District of Columbia Code or any law or regulation
adopted by the District of Columbia Government concerning
disbursement of funds, procurement, or other administrative sup-
port functions. The Service shall submit an annual appropriations
request to the Office of Management and Budget.’’.
(C) Section 11233 of the Balanced Budget Act of 1997
(D.C. Code, sec. 24–1233) is amended by adding at the end
the following new subsection:
‘‘(f ) RECEIPT AND TRANSMITTAL OF APPROPRIATIONS FOR PUBLIC
DEFENDER SERVICE.—The Director of the Agency shall receive and
transmit to the District of Columbia Public Defender Service all
funds appropriated for such agency.’’.
(f ) EXEMPTION
OF SERVICE FROM PERSONNEL
AND BUDGET
CEILINGS.—Section 307 of the District of Columbia Court Reform
and Criminal Procedure Act of 1970 (D.C. Code, sec. 1–2707) is
amended by adding at the end the following new subsection:
‘‘(c) The Service shall not be subject to any general personnel
or budget limitations which otherwise apply to the District of
Columbia government or its agencies in any appropriations Act.’’.
SEC. 8. SICK LEAVE BUYOUT FOR DEPARTMENT OF CORRECTIONS
EMPLOYEES.
Notwithstanding any provision of District of Columbia law,
the Corrections Trustee appointed pursuant to section 11202 of
the Balanced Budget Act of 1997 may set conditions and may
provide that an employee of the District of Columbia Department
of Corrections who meets such conditions will receive a lump-
sum payment for his or her accumulated and accrued sick leave,
if the employee is separated involuntarily and is not subsequently
employed, without a break in service of more than 3 days, by
the Bureau of Prisons or another Federal agency. The lump-sum
payment for sick leave shall be calculated by multiplying 50 percent
of the employee’s rate of basic pay, exclusive of additional payments
H. R. 4566—11
of any kind, by the number of hours of accumulated sick leave
to the employee’s credit at the time of separation. The lump-sum
payment shall be considered pay for taxation purposes only and
shall not be used to confer any other benefit to the employee.
SEC. 9. WAIVER OF MAXIMUM ENTRY AGE REQUIREMENT FOR LAW
ENFORCEMENT OFFICER POSITIONS IN THE DEPART-
MENT OF JUSTICE.
(a) IN GENERAL.—Notwithstanding any maximum entry age
which the Attorney General may have established for law enforce-
ment officers in the Department of Justice under section 3307
of title 5, United States Code, an employee of the District of Colum-
bia Department of Corrections may be hired by the Department
of Justice pursuant to section 11203(b) of the Balanced Budget
Act of 1997 in a law enforcement officer position if such employee
will have completed at least 10 years of covered service when
the employee attains the minimum retirement age described in
section 8412(g) of title 5, United States Code.
(b) SEPARATION.—Notwithstanding section 8425(b) of title 5,
United States Code, any employee hired by the Department of
Justice in a law enforcement position who is described in subsection
(a) shall be separated from service with the Department on the
last day of the month in which such employee becomes 57 years
of age, except that if the Attorney General judges that the public
interest so requires, the Attorney General may exempt such an
employee from automatic separation under this subsection until
that employee becomes 60 years of age.
SEC. 10. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall take effect as if included
in the enactment of title XI of the Balanced Budget Act of 1997.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.