H. R. 2015—487
of Prisons shall begin the transferring of inmates to Bureau of
Prison or private contract facilities required by this section.
SEC. 11202. CORRECTIONS TRUSTEE.
(a) APPOINTMENT AND REMOVAL OF TRUSTEE.—
(1) APPOINTMENT.—Pursuant to the Federal Government’s
assumption of responsibility for persons convicted of a felony
offense under the District of Columbia Code, the Attorney Gen-
eral, in consultation with the Chairman of the District of
Columbia Financial Responsibility and Management Assistance
Authority (hereafter in this chapter referred to as the ‘‘D.C.
Control Board’’), the Mayor of the District of Columbia, the
District of Columbia Council, and the District of Columbia
judiciary, shall select a Corrections Trustee, who shall be an
independent officer of the government of the District of Colum-
bia, to oversee financial operations of the District of Columbia
Department of Corrections until the Bureau of Prisons has
designated all felony offenders sentenced under the District
of Columbia Code to a penal or correctional facility operated
or contracted for by the Bureau of Prisons under section 11201.
(2) REMOVAL.—The Corrections Trustee may be removed
by the Mayor with the concurrence of the Attorney General.
The Attorney General shall have the authority to remove the
Corrections Trustee for misfeasance or malfeasance in office.
At the request of the Corrections Trustee, the District of Colum-
bia Financial Responsibility and Management Assistance
Authority may exercise any of its powers and authorities on
behalf of the Corrections Trustee.
(b) DUTIES OF TRUSTEE.—Beginning on the date of appointment
and continuing until the felony population sentenced pursuant to
the District of Columbia Code residing at the Lorton Correctional
Complex is transferred to a penal or correctional facility operated
or contracted for by the Bureau of Prisons, the Corrections Trustee
shall carry out the following responsibilities (notwithstanding any
law of the District of Columbia to the contrary):
(1) Exercise financial oversight over the District of Colum-
bia Department of Corrections and allocate funds as enacted
in law or as otherwise allocated, including funds for short
term improvements which are necessary for the safety and
security of staff, inmates and the community.
(2) Purchase any necessary goods or services on behalf
of the District of Columbia Department of Corrections consist-
ent with Federal procurement regulations as they apply to
the Bureau of Prisons.
(c) FUNDING.—
(1) IN
GENERAL.—Funds available for the Corrections
Trustee, staff and all necessary and appropriate operations
shall be made available to the extent provided in appropriations
acts to the Corrections Trustee. Funding requests shall be
proposed by the Corrections Trustee to the President and Con-
gress for each Fiscal Year.
(2) REIMBURSEMENT TO BUREAU OF PRISONS.—Upon receipt
of Federal funds, the Corrections Trustee shall immediately
provide an advance reimbursement to the Bureau of Prisons
of all funds identified by the Congress for construction of new
prisons and major renovations, which shall remain available
until expended. The Bureau of Prisons shall be responsible
H. R. 2015—488
and accountable for determining how these funds shall be used
for renovation and construction, including type, security level,
and location of new facilities.
(3) ACCOUNTABILITY AND REPORTS.—The District of Colum-
bia Department of Corrections and the Bureau of Prisons shall
maintain accountability for funds reimbursed from the Correc-
tions Trustee, and shall provide expense reports by project
at the request of the Corrections Trustee.
(d) COMPENSATION AND DETAILEES.—The Corrections Trustee
shall be compensated at a rate not to exceed the basic pay payable
for Level IV of the Executive Schedule. The Corrections Trustee
may appoint and fix the pay of additional staff without regard
to the provisions of the District of Columbia Code governing appoint-
ments and salaries, without regard to the provisions of title 5,
United States Code, governing appointments 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 Corrections Trustee, the head of any Federal department
or agency may, on a reimbursable or non reimbursable basis, pro-
vide services and detail any personnel of that department or agency
to the Corrections Trustee to assist in carrying out his duties.
(e) PROCUREMENT AND JUDICIAL REVIEW.—The provisions of
the District of Columbia Code governing procurement shall not
apply to the Corrections Trustee. The Corrections Trustee may
seek judicial enforcement of his authority to carry out his duties.
(f) PRESERVATION OF RETIREMENT AND CERTAIN OTHER RIGHTS
OF FEDERAL EMPLOYEES WHO BECOME EMPLOYED BY THE CORREC-
TIONS TRUSTEE.—
(1) IN GENERAL.—A Federal employee who, within 3 days
after separating from the Federal Government, is appointed
Corrections Trustee or becomes employed by the Corrections
Trustee—
(A) shall be treated as an employee of the Federal
Government for purposes of chapters 83, 84, 87, and 89
of title 5 of the United States Code; and
(B) if, after serving with the Trustee, such employee
becomes reemployed by the Federal Government, shall be
entitled to credit for the full period of such individual’s
service with the Trustee, for purposes of determining the
applicable leave accrual rate.
(2) REGULATIONS.—The Office of Personnel Management
shall prescribe such regulations as may be necessary to carry
out this subsection.
SEC. 11203. PRIORITY CONSIDERATION FOR EMPLOYEES OF THE DIS-
TRICT OF COLUMBIA.
(a) ESTABLISHMENT.—As soon as practicable after appointment,
the Bureau of Prisons, working with the Corrections Trustee, shall
establish a priority consideration program to facilitate employment
placement for employees of the District of Columbia Department
of Corrections who are scheduled to be separated from service
as a result of closing the Lorton Correctional Complex.
(b) PROVISIONS.—The priority consideration program shall
include provisions under which a vacant federal correctional institu-
tion position established as a result of this Act and identified
for external hiring shall not be filled by the appointment of any
H. R. 2015—489
individual from outside of the District of Columbia Department
of Corrections if there is available any interested applicant within
the District of Columbia Department of Corrections who meets
all qualification and suitability requirements for Bureau of Prisons
law enforcement positions, including those related to criminal his-
tory, educational experience and level of functions, drug use, and
work-related misconduct. The priority consideration program shall
also include provisions under which an employee described in sub-
section (a) who does not meet the qualification and suitability
requirements for Bureau of Prisons law enforcement positions shall
receive priority consideration for other Federal positions, and any
such employee who is found to be well qualified for such a position
may be appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service.
Such program shall terminate one year after the closing of the
Lorton Correctional Complex.
SEC. 11204. AMENDMENTS RELATED TO PERSONS WITH A MENTAL
DISEASE OR DEFECT.
Title 18, United States Code, is amended as follows:
(1) Section 4246 is amended—
(A) in subsection (a) by inserting ‘‘in the custody of
the Bureau of Prisons’’ after ‘‘certifies that a person’’; and
(B) by adding at the end the following new subsection:
‘‘(h) DEFINITION.—As used in this chapter the term ‘‘State’’
includes the District of Columbia.’’.
(2) Section 4247(a) is amended—
(A) in paragraph (1)(D) by striking ‘‘and’’ after the
semicolon;
(B) in paragraph (2) by striking the period and insert-
ing ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) ‘State’ includes the District of Columbia.’’.
(3) Section 4247(j) of title 18, United States Code, is amend-
ed by striking ‘‘This chapter does’’ and inserting ‘‘Sections 4241,
4242, 4243, and 4244 do’’.
SEC. 11205. LIABILITY FOR AND LITIGATION AUTHORITY OF CORREC-
TIONS TRUSTEE.
(a) LIABILITY.—The District of Columbia shall defend any civil
action or proceeding brought in any court or other official Federal,
state, or municipal forum against the Corrections Trustee, or
against the District of Columbia or it officers, employees, or agents,
and shall assume any liability resulting from such an action or
proceeding, if the action or proceeding arises from—
(1) an inmate’s confinement with the District of Columbia
Department of Corrections;
(2) the District of Columbia’s operation or management
of the buildings, facilities, or lands comprising the Lorton prop-
erty; or
(3) the District of Columbia’s operations or activities occur-
ring on any property not specifically transferred to the adminis-
trative control of the Federal Government pursuant to this
Act.
(b) LITIGATION.—
(1) CORPORATION COUNSEL.—Subject to paragraph (2), the
Corporation Counsel of the District of Columbia shall provide
litigation services to the Corrections Trustee, except that the
H. R. 2015—490
Trustee may instead elect, either generally or in relation to
particular cases or classes of cases, to hire necessary staff
and personnel or enter into contracts for the provision of litiga-
tion services at the Trustee’s expense.
(2) ATTORNEY GENERAL.—
(A) IN GENERAL.—Notwithstanding paragraph (1), with
respect to any litigation involving the Corrections Trustee,
the Attorney General may—
(i) direct the litigation of the Trustee, and of the
District of Columbia 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 Corrections Trustee, the Trustee
may not agree to any settlement involving any form of
equitable relief without the approval of the Attorney Gen-
eral. The Trustee shall provide to the Attorney General
such notice and reports concerning litigation as the Attor-
ney General may direct.
(C) DISCRETION.—Any decision to exercise any author-
ity of the Attorney General under this subsection shall
be in the sole discretion of the Attorney General and shall
not be reviewable in any court.
(c) LIMITATIONS.—Nothing in this section shall be construed—
(1) as a waiver of sovereign immunity, or as limiting any
other defense or immunity that would otherwise be available
to the United States, the District of Columbia, their agencies,
officers, employees, or agents; or
(2) to obligate the District of Columbia to represent or
indemnify the Corrections Trustee or any officer, employee,
or agent where the Trustee (or any person employed by or
acting under the authority of the Trustee) acts beyond the
scope of his authority.
SEC. 11206. PERMITTING EXPENDITURE OF FUNDS TO CARRY OUT CER-
TAIN SEWER AGREEMENT.
Notwithstanding the fourth sentence of section 446 of the Dis-
trict of Columbia Self-Government and Governmental Reorganiza-
tion Act, the District of Columbia is authorized to obligate or
expend such funds as may be necessary during a fiscal year (begin-
ning with fiscal year 1997) to carry out the Sewage Delivery System
and Capacity 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.
CHAPTER 2—SENTENCING
SEC. 11211. TRUTH IN SENTENCING COMMISSION.
(a) ESTABLISHMENT.—There is established as an independent
agency of the District of Columbia a District of Columbia Truth
in Sentencing Commission (hereafter in this chapter referred to
as ‘‘the Commission’’), which shall consist of 7 voting members.
The Attorney General, or the Attorney General’s designee, shall
be the chairperson of the Commission and shall have the duty
to convene meetings of the Commission to ensure that it fulfills