[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1629 Engrossed in Senate (ES)]

114th CONGRESS
  1st Session
                                S. 1629

_______________________________________________________________________

                                 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).

            Passed the Senate September 10, 2015.

            Attest:

                                                             Secretary.
114th CONGRESS

  1st Session

                                S. 1629

_______________________________________________________________________

                                 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.