[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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