[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4566 Engrossed in House (EH)]


  2d Session

                               H. R. 4566

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 4566

_______________________________________________________________________

                                 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 provide services to such 
                Trustee, contractor, or enrolled actuary 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;
                    ``(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 Secretary 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 
        subchapter as a result of errors or omissions 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 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 
        subsection:
    ``(b) Regulations; Effect on Reform Act.--Title 11, District of 
Columbia Code, is amended by adding the following new section:
`Sec. 11-1572. Regulations; effect on Reform Act.
    `(a) The Secretary is authorized to issue regulations to implement, 
interpret, administer and carry out the purposes of this subchapter, 
and, in the Secretary's discretion, 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 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) inconsistent 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 
        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 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 Administration.--
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 (DC Code, sec. 1-714), the District of Columbia Judicial 
Retirement and Survivors Annuity Fund established 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 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 (DC 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''.
    (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--
            (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 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 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 follows: ``The priority consideration program 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 position.''.
    (b) Relocation Allowance.--Section 11203(b) of such Act (DC Code, 
sec. 24-1203(b)) is amended by inserting after the second sentence the 
following: ``The Director 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 position 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 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 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 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 (DC 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 
        (DC 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 (Sec. 11-1743 note, 
District 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 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; DC 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; DC 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 (DC 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 (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 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''.
                    (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 (DC 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 (DC 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 (DC Code, sec. 24-1233) is amended--
                    (A) in the heading, by striking ``DEFENSE 
                SERVICES,''; 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 (DC Code, sec. 24-1233) is amended--
                    (A) in the heading, by striking ``OFFENDER 
                SUPERVISION, DEFENDER AND COURTS SERVICES'' and 
                inserting ``COURT SERVICES AND OFFENDER SUPERVISION''; 
                and
                    (B) in subsection (a), 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''.
            (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, 
        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 (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 Balanced Budget Act of 1997) 
        is amended 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''.
            (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 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'' 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 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 Federal 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 compensation for work injuries), chapter 83 (relating to 
retirement), chapter 84 (relating to Federal Employees' Retirement 
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 subsection.
    ``(5) For purposes of vesting pursuant to section 2610(b) of the 
District of Columbia Government Comprehensive Merit Personnel Act of 
1978 (DC 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.''.
            (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 
                ``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 (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 
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 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 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 support 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 (DC 
        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 (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 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 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 DEPARTMENT OF JUSTICE.

    (a) In General.--Notwithstanding any maximum entry age which the 
Attorney General may have established 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 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.

            Passed the House of Representatives October 10, 1998.

            Attest:

                                                                 Clerk.