[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1629 Enrolled Bill (ENR)]

        S.1629

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 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 2015''.
SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS.
    (a) Authorization To Collect Debts and Erroneous Payments From 
Employees.--
        (1) In general.--Subchapter II of chapter 17 of title 11, 
    District of Columbia Official Code, is amended by adding at the end 
    the following:
``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 former employee, or any other debt, the Executive 
    Officer may collect the amount of the debt in accordance with this 
    subsection.
        ``(2) Timing of collection.--The Executive Officer may collect 
    a debt from an employee under this subsection 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.--The Executive Officer may make a 
    deduction under paragraph (2) from any wages, salary, compensation, 
    remuneration for services, or other authorized pay, including 
    incentive pay, back pay, and lump sum leave payments, but not 
    including retirement pay.
        ``(4) Limit on amount.--In making deductions under paragraph 
    (2) with respect to an employee, the Executive Officer--
            ``(A) except as provided in subparagraph (B), may not 
        deduct more than 20 percent of the disposable pay of the 
        employee for any period; and
            ``(B) upon consent of the employee, may deduct more than 20 
        percent of the disposable pay of the employee for any period.
        ``(5) Collections after employment.--If the employment of an 
    employee ends before the Executive Officer completes the collection 
    of the amount of the employee's debt under this subsection, 
    deductions may be made--
            ``(A) from later non-periodic government payments of any 
        nature due the former employee, except retirement pay; and
            ``(B) without regard to the limit under paragraph (4)(A).
    ``(b) Notice and Hearing Required.--
        ``(1) In general.--Except as provided in paragraph (3), prior 
    to initiating any proceeding under subsection (a) to collect any 
    debt from an individual, the Executive Officer shall provide the 
    individual with--
            ``(A) written notice, not later than 30 days before the 
        date on which the Executive Officer initiates the proceeding, 
        that informs the individual of--
                ``(i) the nature and amount of the debt determined by 
            the District of Columbia Courts to be due;
                ``(ii) the intention of the Courts to initiate a 
            proceeding to collect the debt through deductions from pay; 
            and
                ``(iii) 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--
                ``(i) concerning the existence or amount of the debt; 
            and
                ``(ii) in the case of an individual whose repayment 
            schedule is established other than by a written agreement 
            under subparagraph (C), concerning the terms of the 
            repayment schedule.
        ``(2) Procedures for hearings.--
            ``(A) Availability of hearing upon request.--Except as 
        provided in paragraph (3), the Executive Officer shall provide 
        a hearing under this paragraph if an individual, not later than 
        15 days after the date on which the individual receives a 
        notice under paragraph (1)(A), and in accordance with any 
        procedures that the Executive Officer prescribes, files a 
        petition requesting the hearing.
            ``(B) Basis for hearing.--A hearing under this paragraph 
        shall be on the written submissions unless the hearing officer 
        determines that the existence or amount of the debt--
                ``(i) turns on an issue of credibility or veracity; or
                ``(ii) cannot be resolved by a review of the 
            documentary evidence.
            ``(C) Stay of collection proceedings.--The timely filing of 
        a petition for a hearing under subparagraph (A) shall stay the 
        commencement of collection proceedings under this section.
            ``(D) Independent officer.--An independent hearing officer 
        appointed in accordance with regulations promulgated under 
        subsection (e) shall conduct a hearing under this paragraph.
            ``(E) Deadline for decision.--The hearing officer shall 
        issue a final decision regarding the questions covered by the 
        hearing at the earliest practicable date, and not later than 60 
        days after the date of the hearing.
        ``(3) Exception.--Paragraphs (1) and (2) shall not apply to a 
    routine intra-Courts adjustment of pay that is attributable to a 
    clerical or administrative error or delay in processing pay 
    documents that occurred within the 4 pay periods preceding the 
    adjustment or to any adjustment that amounts to not more than $50, 
    if at the time of the adjustment, or as soon thereafter as 
    practical, the Executive Officer provides the individual--
            ``(A) written notice of the nature and amount of the 
        adjustment; and
            ``(B) a point of contact for contesting the adjustment.
    ``(c) Compromise.--
        ``(1) Authority to compromise claims.--The Executive Officer 
    may--
            ``(A) compromise a claim to collect a debt under this 
        section if the amount involved is not more than $100,000; and
            ``(B) suspend or end collection action on a claim described 
        in subparagraph (A) if the Executive Officer determines that--
                ``(i) no person liable on the claim has the present or 
            prospective ability to pay a significant amount of the 
            claim; or
                ``(ii) the cost of collecting the claim is likely to be 
            more than the amount recovered.
        ``(2) Effect of compromise.--A compromise under this subsection 
    shall be final and conclusive unless obtained by fraud, 
    misrepresentation, presenting a false claim, or mutual mistake of 
    fact.
        ``(3) No liability of official responsible for compromise.--An 
    accountable official shall not be 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 a debt 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 District of Columbia 
        Courts.
        ``(2) Limitations on authority.--The Executive Officer may not 
    waive a claim under this subsection if the Executive Officer--
            ``(A) determines that there exists, in connection with the 
        claim, an indication of fraud, misrepresentation, fault, or 
        lack of good faith on the part of the employee, the former 
        employee, or any other person that has an interest in obtaining 
        a waiver of the claim; or
            ``(B) receives the application for waiver later than 3 
        years after the later of the date on which the erroneous 
        payment was discovered or the date of enactment of this 
        section, unless 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 Executive Officer waives a claim 
    against an employee or former employee under this section after the 
    District of Columbia Courts have been reimbursed for the claim in 
    whole or in part, the Executive Officer shall provide the employee 
    or former employee a refund of the amount of the reimbursement upon 
    application for the refund, if the Executive Officer receives the 
    application 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 District of Columbia Courts is waived under this subsection.
        ``(6) Validity of payments.--An erroneous payment or debt, the 
    collection of which is waived under this subsection, shall be a 
    valid payment for all purposes.
        ``(7) No effect on other authorities.--Nothing in this 
    subsection shall be construed to affect the authority of the 
    District of Columbia under any other statute to litigate, settle, 
    compromise, or waive any claim of the District of Columbia.
    ``(e) Regulations.--The authority of the Executive Officer under 
this section shall be subject to regulations promulgated by the Joint 
Committee.''.
        (2) Clerical amendment.--The table of sections for subchapter 
    II of chapter 17 of title 11, District of Columbia Official Code, 
    is amended by adding at the end the following:

``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 any erroneous payment made or debt 
    incurred before, on, or after the date of 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: ``In carrying out the authority under the 
preceding 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 if 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 Programmatic Incentives 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 ``sanctions and incentives''.
    (b) Permanent Authority To Accept Gifts.--Section 11233(b)(3)(A) of 
the National Capital Revitalization and Self-Government Improvement Act 
of 1997 (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 the District of Columbia Court Reform and Criminal Procedure Act of 
1970 (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 the District of Columbia 
    Court Reform and Criminal Procedure Act of 1970 (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; 112 Stat. 2419).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.