H. R. 2015—496
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. 11232. PRETRIAL SERVICES, DEFENSE SERVICES, PAROLE, 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 (here-
after in this section referred 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 Supervision Trustee, who shall be an independent
officer of the government of the District of Columbia, to effec-
tuate the reorganization and transition of functions and funding
relating 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 authority 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 pow-
ers and authorities on behalf of the Trustee.
(b) AUTHORITY.—Beginning on the date of appointment, and
continuing until the District of Columbia Offender Supervision,
Defender, and Courts Services Agency is established under section
11233, the Trustee shall—
(1) have the authority to exercise all powers and functions
authorized for the Director of the District 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 functions 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 agen-
cies, except that the Trustee may not direct the conduct of
particular cases by the District of Columbia Public Defender
Service;
(3) exercise financial oversight over all agencies of the
District of Columbia whose functions will be assumed by or
within the District of Columbia Offender 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 President;
(4) receive and transmit to the District of Columbia Pretrial
Services Agency all funds appropriated for such agency; and
(5) receive and transmit to the District of Columbia Public
Defender Service all funds appropriated for such agency.
(c) COMPENSATION.—The Trustee shall be compensated 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 governing appointments and salaries, without regard to the
H. R. 2015—497
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 Trustee, the head of any Federal depart-
ment 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 procurement shall not
apply to the Trustee. The Trustee may enter into such contracts
as the Trustee considers appropriate 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 OR FEDERAL
EMPLOYEES WHO BECOME EMPLOYED BY THE TRUSTEE.—
(1) IN GENERAL.—A Federal employee who, within 3 days
after separating from the Federal Government, is appointed
Trustee or becomes employed by the 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.
(f) FUNDING.—Funds available for operations of the Trustee
shall be made available to the extent provided in appropriations
acts to the Trustee, through the State Justice Institute. Funding
requests shall be proposed by the Trustee to the President and
Congress for each Fiscal Year.
(g) LIABILITY AND LITIGATION AUTHORITY.—
(1) 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 Trustee, or
against the District of Columbia or its officers, employees,
or agents, and shall assume any liability resulting from such
an action or proceeding, if the action or proceeding arises from
the—
(A) supervision of offenders on probation, parole, or
supervised release;
(B) provision of pretrial services by the District of
Columbia; or
(C) activities of the District of Columbia Board of
Parole.
(2) LITIGATION.—
(A) CORPORATION COUNSEL.—Subject to subparagraph
(B), 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 rela-
tion to particular cases or classes of cases, to hire necessary
H. R. 2015—498
staff and personnel or enter into contracts for the provision
of litigation services at the Trustee’s expense.
(B) ATTORNEY GENERAL.—
(i) IN
GENERAL.—Notwithstanding subparagraph
(A), with respect to any litigation involving the 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.
(ii) APPROVAL
OF
SETTLEMENT.—With respect to
any litigation involving the Trustee, the Trustee may
not agree to any settlement involving any form of
equitable relief without the approval of the Attorney
General. The Trustee shall provide to the Attorney
General such notice and reports concerning litigation
as the Attorney General may direct.
(iii) DISCRETION.—Any decision to exercise any
authority of the Attorney General under this paragraph
shall be in the sole discretion of the Attorney General
and shall not be reviewable in any court.
(3) LIMITATIONS.—Nothing in this section shall be con-
strued—
(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.
(h) CERTIFICATION.—The District of Columbia Offender Super-
vision, Defender, and Courts Services Agency shall assume its
duties pursuant to section 11233 when, within the period beginning
one year after the date of the enactment of this subtitle and ending
three years after the date of the enactment of this subtitle, the
Trustee certifies to the Attorney General and the Attorney General
concurs that the Agency can carry out the functions described
in section 11233 and the United States Parole Commission can
carry out the functions described in section 11231.
SEC. 11233. OFFENDER SUPERVISION, DEFENDER AND COURTS SERV-
ICES AGENCY.
(a) ESTABLISHMENT.— There is established within the executive
branch of the Federal Government the District of Columbia Offender
Supervision, Defender, and Courts Services Agency (hereafter in
this section referred to as the ‘‘Agency’’) which shall assumes its
duties not less than one year or more than three years after the
enactment 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
H. R. 2015—499
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 report-
ing 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, including contracts for substance
abuse and other treatment and rehabilitative programs;
(F) develop and operate intermediate sanctions pro-
grams 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 supervision,
through qualified supervision officers, for offenders on proba-
tion, parole, and supervised release pursuant to the District
of Columbia Code. The Agency shall carry out its responsibil-
ities on behalf 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 released from imprisonment
for any term of supervised release imposed by the Superior
Court of the District of Columbia. Such offender shall be subject
to the authority of the United States Parole Commission until
completion of the term of supervised release. The United States
Parole Commission shall have and exercise the same authority
as is vested in the United States district courts by paragraphs
(d) through (i) of section 3583 of title 18, United States Code,
except that—
(A) the procedures followed by the Commission in
exercising such authority shall be those set forth in chapter
311 of title 18, United States Code; and
(B) an extension of a term of supervised release under
subsection (e)(2) of section 3583 may only be ordered by
the Superior Court upon motion from the Commission.
(3) SUPERVISION OF PROBATIONERS.—Subject to appropria-
tions and program availability, the Agency shall supervise all
offenders placed on probation by the Superior Court of the
District of Columbia. The Agency shall carry out the conditions
of release imposed by the Superior Court (including conditions
that probationers undergo training, education, therapy, counsel-
ing, drug testing, or drug treatment), and shall make such