105TH CONGRESS
2D SESSION
H. R. 4566
AN ACT
To make technical corrections to the National Capital Revi-
talization and Self-Government Improvement Act of 1997
with respect to the courts and court system of the Dis-
trict of Columbia.
Be it enacted by the Senate and House of Representa-
tives 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 RE-
LATING TO JUDICIAL RETIREMENT PRO-
GRAM.
(a) ADMINISTRATION
OF JUDICIAL RETIREMENT
AND SURVIVORS ANNUITY FUND.—Section 11–1570, Dis-
trict 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 Im-
provement 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, contrac-
tor, or enrolled actuary selected by the Sec-
retary under this subsection may, with the ap-
proval of the Secretary, enter into one or more
subcontracts with the District of Columbia gov-
ernment or any person to provide services to
such Trustee, contractor, or enrolled actuary in
connection with its performance of its agree-
ment with the Secretary. Such Trustee, con-
tractor, 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 Dis-
trict of Columbia Court of Appeals and Supe-
rior Court of the District of Columbia’’ and in-
serting ‘‘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 fol-
lows:
‘‘(c)(1) Amounts in the Fund are available—
‘‘(A) for the payment of judges retirement pay,
annuities, refunds, and allowances under this sub-
chapter;
‘‘(B) to cover the reasonable and necessary
expenses of administering the Fund under any
agreement entered into with a Trustee, contrac-
tor, 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 Sec-
retary in carrying out the Secretary s respon-
sibilities 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 deter-
minations under this subchapter made prior to the
date of the enactment of the Balanced Budget Act
of 1997, and shall make initial benefit determina-
tions after such date; and
‘‘(B) the Secretary may recoup or recover, or
waive recoupment or recovery of, any amounts paid
under this subchapter as a result of errors or omis-
sions by any person.’’.
(4) In subsection (d)(1)—
(A) by striking ‘‘Subject to the availability
of appropriations, 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 de-
scribed in section 103(13) of the National Cap-
ital Revitalization and Self-Government Im-
provement Act of 1997)’’.
(5) In subsection (d)(2)(A)—
(A) by striking ‘‘June 30, 1997’’ and in-
serting ‘‘September 30, 1997’’; and
(B) by striking ‘‘net the sum of future nor-
mal 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 sub-
sections:
‘‘(h) For purposes of the Employee Retirement In-
come Security Act of 1974, the benefits provided by the
Fund shall be treated as benefits provided under a govern-
mental plan maintained by the District of Columbia.
‘‘(i) Federal obligations for benefits under this sub-
chapter are backed by the full faith and credit of the
United States.’’.
(b) REGULATORY AUTHORITY OF SECRETARY.—Sec-
tion 11251 of the Balanced Budget Act of 1997 (Public
Law 105–33; 111 Stat. 756) is amended—
(1) by redesignating subsection (b) as sub-
section (c);
(2) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(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 implement, interpret, administer and carry out the pur-
poses of this subchapter, and, in the Secretary’s discre-
tion, those regulations may have retroactive effect, except
that nothing in this subsection may be construed to permit
the Secretary to issue any regulation to retroactively re-
duce 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) inconsistent with this subchapter and the regula-
tions thereunder.’.’’; and
(3) by amending subsection (c) (as so redesig-
nated) 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 amending 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 PRO-
GRAM.—Section 124 of the District of Columbia Retire-
ment 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-Govern-
ment Improvement Act of 1997’’ and inserting ‘‘sub-
title 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 in-
serting ‘‘at the Board’’; and
(C) by striking ‘‘appropriated’’ and insert-
ing ‘‘used’’.
(d) ADMINISTRATION
OF RETIREMENT FUNDS.—
Section 11252 of the Balanced Budget Act of 1997 is
amended—
(1) by redesignating subsection (b) as sub-
section (c);
(2) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b) TRANSITION FROM DISTRICT OF COLUMBIA AD-
MINISTRATION.—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 Re-
form Act (DC 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 in-
stead refer to subchapter III of chapter 15 of
title 11, District of Columbia Code;
‘‘(B) any reference to the District Retire-
ment Program shall be deemed to include the
retirement program for judges under sub-
chapter III of chapter 15 of title 11, District of
Columbia Code;
‘‘(C) any reference to the District Retire-
ment Fund shall be deemed to include the Dis-
trict of Columbia Judges Retirement Fund es-
tablished under section 124 of the District of
Columbia Retirement Reform Act;
‘‘(D) any reference to Federal benefit pay-
ments shall be deemed to include judges retire-
ment 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 Judi-
cial 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 in-
stead refer to section 11–1570, District of Co-
lumbia Code.
‘‘(2) In applying section 11023—
‘‘(A) any reference to the contract shall in-
stead refer to the agreement referred to in sec-
tion 11–1570(b), District of Columbia Code ;
and
‘‘(B) any reference to the Trustee shall in-
stead 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 in-
stead refer to section 124 of the District of Co-
lumbia Retirement Reform Act, as amended by
section 11252; and
‘‘(B) any reference to the Trustee shall in-
stead 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 ref-
erence 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 sub-
section:
‘‘(d) EFFECTIVE DATE.—The provisions of sub-
section (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 Retire-
ment 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 (DC Code, sec. 1–711(b)(1)(A)),
as amended by section 11252(c)(1) of the Balanced Budg-
et 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 insert-
ing ‘‘section’’.
(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 ‘sec-
tion 1-1814)’ and inserting ‘section 1-714) or the
District of Columbia Judicial Retirement and Sur-
vivors 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 Oc-
tober 1, 1998.
SEC. 3. RETIREMENT ELECTION FOR CERTAIN FORMER EM-
PLOYEES 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 with-
in 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 sub-
section (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 gov-
ernment 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—
(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 otherwise 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 Correc-
tional 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 PRI-
ORITY CONSIDERATION FOR SEPARATED EM-
PLOYEES OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF CORRECTIONS.
(a) IN GENERAL.—Section 11203(b) of the Balanced
Budget Act of 1997 (DC Code, sec. 24–1203(b)) is
amended by amending the second sentence to read as fol-
lows: ‘‘The priority consideration program shall also in-
clude 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 ap-
plies for another Federal position in the competitive serv-
ice shall receive priority consideration and may be given
a competitive service appointment noncompetitively to
such a competitive service position.’’.
(b) RELOCATION ALLOWANCE.—Section 11203(b) of
such Act (DC Code, sec. 24–1203(b)) is amended by in-
serting after the second sentence the following: ‘‘The Di-
rector of the Bureau of Prisons may provide a relocation
allowance to any individual who is hired by the Director
under the program established under this section for a po-
sition outside of the Washington Metropolitan Area.’’.
(c) EFFECTIVE DATE; TREATMENT OF INDIVIDUALS
GIVEN
PRIORITY
PRIOR
TO
ENACTMENT.—(1) The
amendment made by subsection (a) shall take effect on
the date of enactment of this Act.
(2) Individuals who have been appointed with ex-
cepted service appointments under section 11203(b) of the
Balanced Budget Act of 1997 prior to the date of the en-
actment of this Act shall be converted noncompetitively
to competitive service appointments in their current posi-
tions.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS RE-
LATING TO DISTRICT OF COLUMBIA COURTS.
(a) AUTHORITY OF JOINT COMMITTEE ON JUDICIAL
ADMINISTRATION TO EXCLUDE TEMPORARY EMPLOYEES
FROM FERS.—Section 8402(c) of title 5, United States
Code, is amended by adding at the end the following:
‘‘(9) The Joint Committee on Judicial Administration
in the District of Columbia may exclude from the oper-
ation of this chapter an employee of the District of Colum-
bia 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 (DC Code, sec.
11–1743 note) and section 11–2608, District of Co-
lumbia 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 Colum-
bia’’.
(2) FUNDING
OF
OTHER
AGENCIES.—Section
11234 of such Act (DC Code, sec. 24–1234) is
amended by striking ‘‘through the State Justice In-
stitute’’.
(c) OTHER MISCELLANEOUS TECHNICAL AND CON-
FORMING AMENDMENTS.—(1) Section 11241(b) of the
Balanced Budget Act of 1997 (Sec. 11–1743 note, Dis-
trict of Columbia Code) 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 Co-
lumbia’’, 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 pro-
bation system for the District of Columbia’’, approved
March 4, 1919 (40 Stat. 1324-25; DC Code, sec. 24–101),
is repealed.
(B) Section 5 of the Act entitled ‘‘An Act for the es-
tablishment of a probation system for the District of Co-
lumbia’’, 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 pro-
bation system for the District of Columbia’’, approved
March 14, 1919 (40 Stat. 1324-25; DC Code, sec. 24–
105), is repealed.
SEC. 7. DISTRICT OF COLUMBIA PUBLIC DEFENDER SERV-
ICE.
(a) REMOVING SERVICE FROM JURISDICTION OF OF-
FENDER SUPERVISION TRUSTEE AND AGENCY.—
(1) 
AUTHORITY
OF
TRUSTEE.—Section
11232(b)(2) of the Balanced Budget Act of 1997
(DC Code, sec. 24–1232(b)(2)) is amended by strik-
ing ‘‘, except that’’ and all that follows through
‘‘Service’’.
(2) AUTHORITY OF AGENCY.—Section 11233(e)
of such Act (DC Code, sec. 24–1233(e)) is amended
as follows:
(A) In the heading, striking ‘‘AND PUBLIC
DEFENDER SERVICE’’.
(B) Amend paragraph (1) to read as fol-
lows:
‘‘(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 en-
tity within the Agency.’’.
(C) Strike paragraph (3) and redesignate
paragraphs (4) and (5) as paragraphs (3) and
(4).
(D) In paragraph (3) (as so redesig-
nated)—
(i) strike ‘‘, the District of Columbia
Public Defender Service,’’; and
(ii) strike ‘‘or the District of Colum-
bia Public Defender Service’’.
(E) In paragraph (4)(A) (as so redesig-
nated), strike ‘‘and the District of Columbia
Public Defender Service’’ each place it appears.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
Section 11234 of such Act (DC Code, sec. 24–1234)
is amended by striking paragraph (2) and redesig-
nating the succeeding paragraphs accordingly.
(4) PERMITTING
TRUSTEE
TO
EXERCISE
AU-
THORITIES ON BEHALF OF SERVICE AT REQUEST OF
DIRECTOR OF THE SERVICE.—Section 11232 of such
Act (DC Code, sec. 24–1232) is amended by adding
at the end the following new subsection:
‘‘(i) EXERCISE OF AUTHORITY ON BEHALF OF PUB-
LIC 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 man-
ner and to the same extent as the Trustee may exercise
such powers and authorities in relation to any agency de-
scribed in subsection (b).’’.
(b) REVISING NAME OF TRUSTEE.—
(1) IN GENERAL.—Section 11232 of the Bal-
anced Budget Act of 1997 (DC Code, sec. 24–1233)
is amended—
(A) in the heading, by striking ‘‘DE-
FENSE SERVICES,’’; and
(B) in subsection (a)(1), by striking ‘‘De-
fense Services,’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents 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 Bal-
anced Budget Act of 1997 (DC Code, sec. 24–1233)
is amended—
(A) in the heading, by striking ‘‘OF-
FENDER SUPERVISION, DEFENDER
AND COURTS SERVICES’’ and inserting
‘‘COURT SERVICES AND OFFENDER
SUPERVISION’’; and
(B) in subsection (a), by striking ‘‘the Dis-
trict of Columbia Offender Supervision, De-
fender, and Courts Services Agency’’ and in-
serting ‘‘the Court Services and Offender Su-
pervision Agency for the District of Columbia’’.
(2) CONFORMING AMENDMENTS.—(A) Section
11231 of the Balanced Budget Act of 1997 (DC
Code, sec. 24–1231) is amended by striking ‘‘the
District of Columbia Offender Supervision, De-
fender, and Courts Services Agency’’ each place it
appears in subsections (a)(2), (a)(3), and (b) and in-
serting ‘‘the Court Services and Offender Super-
vision Agency for the District of Columbia’’.
(B) Section 11232 of such Act (DC 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 Bal-
anced Budget Act of 1997) is amended by striking
‘‘the District of Columbia Offender Supervision, De-
fender, and Courts Services Agency’’ and inserting
‘‘the Court Services and Offender Supervision Agen-
cy for the District of Columbia’’.
(D) Section 23–1307, District of Columbia
Code (as amended by section 11271(a) of the Bal-
anced 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 amended by section 11271(a) of the Bal-
anced Budget Act of 1997) is amended by striking
‘‘the District of Columbia Offender Supervision, De-
fender, and Courts Services Agency’’ each place it
appears and inserting ‘‘the Court Services and Of-
fender Supervision Agency for the District of Colum-
bia’’.
(3) CLERICAL AMENDMENT.—The table of con-
tents for title XI of the Balanced Budget Act of
1997 is amended in the item relating to section
11233 by striking ‘‘Offender Supervision, 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 FED-
ERAL RETIREMENT AND BENEFIT PROGRAMS.—
(1) IN GENERAL.—Section 305 of the District
of Columbia Court Reform and Criminal Procedure
Act of 1970 (DC 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 compensa-
tion for work injuries), chapter 83 (relating to retirement),
chapter 84 (relating to Federal Employees’ Retirement
System), chapter 87 (relating to life insurance), and chap-
ter 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 subsection.
‘‘(5) For purposes of vesting pursuant to section
2610(b) of the District of Columbia Government Com-
prehensive Merit Personnel Act of 1978 (DC Code, sec.
1–627.10(b)), creditable service with the District for em-
ployees whose participation in the District Defined Con-
tribution Plan ceases as a result of implementation of this
subsection shall include service performed thereafter for
the Service.’’.
(2) CONFORMING AMENDMENTS.—(A) Section
306 of the District of Columbia Court Reform and
Criminal Procedure Act of 1970 (DC 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 ‘‘Admin-
istrative 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
(DC 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 Columbia (or, until such Agency assumes
its duties pursuant to section 11233(a) of the Balanced
Budget Act of 1997, through the Trustee appointed pur-
suant 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 Trust-
ee) to the Service. The Service may arrange by contract
or otherwise for the disbursement 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 provi-
sions of the District of Columbia Code or any law or regu-
lation adopted by the District of Columbia Government
concerning disbursement of funds, procurement, or other
administrative support functions. The Service shall submit
an annual appropriations request to the Office of Manage-
ment and Budget.’’.
(C) Section 11233 of the Balanced Budget Act
of 1997 (DC Code, sec. 24–1233) is amended by
adding at the end the following new subsection:
‘‘(f) RECEIPT AND TRANSMITTAL OF APPROPRIA-
TIONS FOR PUBLIC DEFENDER SERVICE.—The Director
of the Agency shall receive and transmit to the District
of Columbia Public Defender Service all funds appro-
priated for such agency.’’.
(f) EXEMPTION OF SERVICE FROM PERSONNEL AND
BUDGET CEILINGS.—Section 307 of the District of Co-
lumbia Court Reform and Criminal Procedure Act of 1970
(DC 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 COR-
RECTIONS EMPLOYEES.
Notwithstanding any provision of District of Colum-
bia 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 subse-
quently employed, without a break in service of more than
3 days, by the Bureau of Prisons or another Federal agen-
cy. The lump-sum payment for sick leave shall be cal-
culated by multiplying 50 percent of the employee’s rate
of basic pay, exclusive of additional payments 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 POSI-
TIONS IN THE DEPARTMENT OF JUSTICE.
(a) IN GENERAL.—Notwithstanding any maximum
entry age which the Attorney General may have estab-
lished for law enforcement officers in the Department of
Justice under section 3307 of title 5, United States Code,
an employee of the District of Columbia 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 em-
ployee will have completed at least 10 years of covered
service when the employee attains the minimum retire-
ment 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 serv-
ice 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 em-
ployee 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.
Passed the House of Representatives October 10,
1998.
Attest:
Clerk.