[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10466-H10469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DISTRICT OF COLUMBIA COURTS AND JUSTICE TECHNICAL CORRECTIONS ACT OF 
                                  1998

  Mr. DAVIS of Virginia. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 4566) to make technical and clarifying amendments 
to the National Capital Revitalization and Self-Government Improvement 
Act of 1997, as amended.
  The Clerk read as follows:

                               H.R. 4566

       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;

[[Page H10467]]

       ``(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) Conforming Amendment.--Effective immediately after the 
     enactment of the Treasury and General Government 
     Appropriations Act, 1999, section 804 of such Act is hereby 
     repealed.
       (g) 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.

[[Page H10468]]

       (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

[[Page H10469]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Davis) and the gentlewoman from District of Columbia (Ms. 
Norton) each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Davis).


                             General Leave

  Mr. DAVIS of Virginia. Madam Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks on H.R. 4566.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. DAVIS of Virginia. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I rise in support of passage of H.R. 4566, the 
District of Columbia Courts and Justice Technical Corrections Act of 
1998. This measure has been favorably reported to the House by the 
Committee on Government Reform and Oversight.
  H.R. 4566 makes technical corrections to the National Capital 
Revitalization and Self-Government Improvement Act of 1997. This 
measure clarifies a number of D.C. employee related matters and 
resolves a potential dispute involving the District of Columbia Public 
Defenders Service.
  Most importantly, this legislation will give further protection to 
employees of the D.C. Department of Corrections that may be displaced 
by the Federal assumption of correctional functions.
  H.R. 4566 is the result of many hours of hard work and negotiations 
between the Congress and the administration. I want to thank my ranking 
member on the subcommittee, the gentlewoman from the District of 
Columbia (Ms. Norton), the gentleman from Indiana (Chairman Burton), 
the gentleman from California (Mr. Waxman) and the Committee on Ways 
and Means for their assistance on this legislation.
  Madam Speaker, I reserve the balance of my time.
  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, let me begin my thanking the gentleman from Indiana 
(Chairman Burton); the gentleman from California (Mr. Waxman) ranking 
member; and the gentleman from Virginia (Chairman Davis) for their 
leadership and support in bringing to the floor H.R. 4566 to attend to 
some unfinished business of the National Capital Revitalization and 
Self-Government Improvement Act of 1997.

                              {time}  1730

  The revitalization act is already pulling the District out of 
insolvency by relieving the city of the most costly State functions, 
missions that are not performed by any other city in the country.
  However, the experience with such complicated and comprehensive 
legislation in the Congress is that technical corrections are almost 
always necessary. There is no need to detain the House on these small 
technical matters. One set of the corrections in this bill concerns 
detailed procedures that are necessary to accomplish the employee 
transfers, retirements and terminations while minimizing unnecessary 
dislocation, frustration and stress. The second set of technical 
corrections relates to matters involving the courts and various 
components of the justice system that have been transferred from the 
District of Columbia to the Federal Government.
  The transfer of Lorton to the Federal Government is in the first year 
of transition. The transfer of court costs has already taken place. The 
provisions of H.R. 4566, therefore, are overdue. I strongly urge the 
passage of this bill to tie up the loose ends and avoid unnecessary 
problems in this complicated and unprecedented transfer.
  Madam Speaker, I yield back the balance of my time.
  Mr. DAVIS of Virginia. Madam Speaker, I urge support for the passage 
of this bill, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion 
offered by the gentleman from Virginia (Mr. Davis) that the House 
suspend the rules and pass the bill, H.R. 4566, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill 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.''.
  A motion to reconsider was laid on the table.

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