[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4185 Engrossed in House (EH)]
113th CONGRESS
2d Session
H. R. 4185
_______________________________________________________________________
AN ACT
To revise certain authorities of the District of Columbia courts, the
Court Services and Offender Supervision Agency for the District of
Columbia, and the Public Defender Service for the District of Columbia,
and for other purposes.
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, Public
Defender Service, and Court Services and Offender Supervision Agency
Act of 2014''.
SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS.
(a) Authorization To Collect Debts and Erroneous Payments From
Employees.--
(1) In general.--Chapter 17 of title 11, District of
Columbia Official Code, is amended by adding at the end of
subchapter II the following new section:
``Sec. 11-1733. Collection, compromise, and waiver of employee debts
and erroneous payments
``(a) Collection of Debts and Erroneous Payments Made to
Employees.--
``(1) Authority to collect.--If the Executive Officer
determines that an employee or former employee of the District
of Columbia Courts is indebted to the District of Columbia
Courts because of an erroneous payment made to or on behalf of
the employee, or any other debt, the Executive Officer may
collect the amount of the indebtedness in accordance with this
subsection.
``(2) Timing of collection.--Any debt authorized to be
collected under this subsection may be collected in monthly
installments or at officially established regular pay period
intervals, by deduction in reasonable amounts from the current
pay of the employee.
``(3) Source of deductions.--Deductions described in
paragraph (2) may be made from any wages, salary, compensation,
remuneration for services, or other authorized pay, including
but not limited to incentive pay, back pay, and lump sum leave
payments, but not including retirement pay.
``(4) Limit on amount.--The amount deducted with respect to
an employee for any period may not exceed 20 percent of the
employee's disposable pay, except that a greater percentage may
be deducted upon consent of the employee involved.
``(5) Collections after employment.--If an employee's
employment ends before collection of the amount of the
employee's indebtedness is completed, deductions may be made
from later non-periodic government payments of any nature due
the former employee, except retirement pay, and such deductions
may be made without regard to the limit under paragraph (4).
``(b) Notice and Hearing Required.--
``(1) In general.--Except as provided in paragraph (3),
prior to initiating any proceedings under subsection (a) to
collect any indebtedness of an individual, the Executive
Officer shall provide the individual with--
``(A) a minimum of 30 days written notice,
informing such individual of the nature and amount of
the indebtedness determined by the District of Columbia
Courts to be due, the intention of the Courts to
initiate proceedings to collect the debt through
deductions from pay, and an explanation of the rights
of the individual under this section;
``(B) an opportunity to inspect and copy Court
records relating to the debt;
``(C) an opportunity to enter into a written
agreement with the Courts, under terms agreeable to the
Executive Officer, to establish a schedule for the
repayment of the debt; and
``(D) an opportunity for a hearing in accordance
with paragraph (2) on the determination of the Courts
concerning the existence or the amount of the debt, and
in the case of an individual whose repayment schedule
is established other than by a written agreement
pursuant to subparagraph (C), concerning the terms of
the repayment schedule.
``(2) Procedures for hearings.--
``(A) Availability of hearing upon request.--A
hearing under this paragraph shall be provided if the
individual, on or before the fifteenth day following
receipt of the notice described in paragraph (1)(A),
and in accordance with such procedures as the Executive
Officer may prescribe, files a petition requesting such
a hearing.
``(B) Basis for hearing.--Unless the hearing
officer determines that the existence or the amount of
the debt turns on an issue of credibility or veracity
or cannot be resolved by a review of the documentary
evidence, the hearing shall be on the written
submissions.
``(C) Stay of collection proceedings.--The timely
filing of a petition for hearing shall stay the
commencement of collection proceedings.
``(D) Independent officer.--A hearing under this
paragraph shall be conducted by an independent hearing
officer appointed in accordance with regulations
promulgated under subsection (e).
``(E) Deadline for decision.--The hearing officer
shall issue a final decision regarding the questions
covered by the hearing at the earliest practicable
date, but not later than 60 days after the hearing.
``(3) Exception.--Paragraphs (1) and (2) shall not apply to
routine intra-Courts adjustments of pay that are attributable
to clerical or administrative errors or delays in processing
pay documents that have occurred within the 4 pay periods
preceding the adjustment and to any adjustment that amounts to
$50 or less, if at the time of such adjustment, or as soon
thereafter as practical, the individual is provided written
notice of the nature and the amount of the adjustment and a
point of contact for contesting such adjustment.
``(c) Compromise.--
``(1) Authority to compromise claims.--The Executive
Officer may--
``(A) compromise a claim to collect an indebtedness
under this section if the amount involved is not more
than $100,000; and
``(B) suspend or end collection action on such a
claim if it appears that no person liable on the claim
has the present or prospective ability to pay a
significant amount of the claim or if the cost of
collecting the claim is likely to be more than the
amount recovered.
``(2) Effect of compromise.--A compromise under this
subsection is final and conclusive unless gotten by fraud,
misrepresentation, presenting a false claim, or mutual mistake
of fact.
``(3) No liability of official responsible for
compromise.--An accountable official is not liable for an
amount paid or for the value of property lost or damaged if the
amount or value is not recovered because of a compromise under
this subsection.
``(d) Waiver of Claim.--
``(1) Authority to waive claims.--Upon application from a
person liable on a claim to collect an indebtedness under this
section, the Executive Officer may, with written justification,
waive the claim if collection would be--
``(A) against equity;
``(B) against good conscience; and
``(C) not in the best interests of the Courts.
``(2) Limitations on authority.--The Executive Officer may
not exercise the authority under this subsection to waive a
claim if--
``(A) in the Executive Officer's opinion, there
exists, in connection with the claim, an indication of
fraud, misrepresentation, fault, or lack of good faith
on the part of the employee, former employee, or any
other person having an interest in obtaining a waiver
of the claim; or
``(B) the application for waiver is received in the
Executive Officer's office after the expiration of 3
years immediately following the date on which the
erroneous payment was discovered or 3 years after the
date of the enactment of this section, whichever is
later, except if the claim involves money owed for
Federal health benefits, Federal life insurance, or
Federal retirement benefits.
``(3) Denial of application for waiver.--A decision by the
Executive Officer to deny an application for a waiver under
this subsection shall be the final administrative decision of
the District government.
``(4) Refund of amounts already collected against claim
subsequently waived.--If the Courts have been reimbursed for a
claim under this section in whole or in part, and a waiver of
the claim is then granted, the employee or former employee
shall be entitled to a refund of the amount of the
reimbursement upon application for that refund, so long as the
application is received not later than 2 years after the
effective date of the waiver.
``(5) Effect on accounts of courts.--In the audit and
settlement of accounts of any accountable official, full credit
shall be given for any amounts with respect to which collection
by the Courts is waived under this subsection.
``(6) Validity of payments.--An erroneous payment or debt,
the collection of which is waived under this subsection, is a
valid payment for all purposes.
``(7) No effect on other authorities.--Nothing contained in
this subsection shall be construed to affect in any way the
authority under any other statute to litigate, settle,
compromise, or waive any claim of the District of Columbia.
``(e) Regulations.--The Executive Officer's authority under this
section shall be subject to regulations promulgated by the Joint
Committee on Judicial Administration.''.
(2) Clerical amendment.--The table of contents of chapter
17 of title 11, District of Columbia Official Code, is amended
by adding at the end of the items relating to subchapter II the
following new item:
``11-1733. Collection, compromise, and waiver of employee debts and
erroneous payments.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to erroneous payments made and debts
incurred before, on, or after the date of the enactment of this
Act.
(b) Authorization To Purchase Uniforms for Personnel.--Section 11-
1742(b), District of Columbia Official Code, is amended by adding at
the end the following new sentence: ``Under the authority of the
previous sentence, the Executive Officer may purchase uniforms to be
worn by nonjudicial employees of the District of Columbia Courts whose
responsibilities warrant the wearing of uniforms, so long as the cost
of furnishing a uniform to an employee during a year does not exceed
the amount applicable for the year under section 5901(a)(1) of title 5,
United States Code (relating to the uniform allowance for employees of
the Government of the United States).''.
SEC. 3. AUTHORITIES OF COURT SERVICES AND OFFENDER SUPERVISION AGENCY.
(a) Authority To Develop and Operate Incentive Programs for
Sentenced Offenders.--Section 11233(b)(2)(F) of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (sec. 24-
133(b)(2)(F), D.C. Official Code) is amended by striking ``sanctions''
and inserting ``sanction and incentive''.
(b) Permanent Authority To Accept Gifts.--Section 11233(b)(3)(A) of
such Act (sec. 24-133(b)(3)(A), D.C. Official Code) is amended to read
as follows:
``(A) Authority to accept gifts.--The Director may
accept, solicit, and use on behalf of the Agency any
monetary or nonmonetary gift, donation, bequest, or use
of facilities, property, or services for the purpose of
aiding or facilitating the work of the Agency.''.
(c) Permanent Authority To Accept and Use Reimbursements From
District Government.--Section 11233(b)(4) of such Act (sec. 24-
133(b)(4)) is amended by striking ``During fiscal years 2006 through
2008, the Director'' and inserting ``The Director''.
SEC. 4. AUTHORITIES OF PUBLIC DEFENDER SERVICE.
(a) Acceptance and Use of Services of Volunteers.--Section 307(b)
of such Act (sec. 2-1607(b), D.C. Official Code) is amended by striking
``the Service may accept public grants and private contributions made
to assist it'' and inserting ``the Service may accept and use public
grants, private contributions, and voluntary and uncompensated
(gratuitous) services to assist it''.
(b) Treatment of Members of Board of Trustees as Employees of
Service for Purposes of Liability.--
(1) In general.--Section 303(d) of such Act (sec. 2-
1603(d), D.C. Official Code) is amended by striking ``employees
of the District of Columbia'' and inserting ``employees of the
Service''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the enactment of the
District of Columbia Courts and Justice Technical Corrections
Act of 1998 (Public Law 105-274).
Passed the House of Representatives July 14, 2014.
Attest:
Clerk.
113th CONGRESS
2d Session
H. R. 4185
_______________________________________________________________________
AN ACT
To revise certain authorities of the District of Columbia courts, the
Court Services and Offender Supervision Agency for the District of
Columbia, and the Public Defender Service for the District of Columbia,
and for other purposes.