[Congressional Record Volume 160, Number 109 (Monday, July 14, 2014)]
[House]
[Pages H6150-H6152]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISTRICT OF COLUMBIA COURTS, PUBLIC DEFENDER SERVICE, AND COURT
SERVICES AND OFFENDER SUPERVISION AGENCY ACT OF 2014
Mr. GOSAR. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4185) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4185
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Courts,
Public Defender Service, and Court Services and Offender
Supervision Agency Act of 2014''.
SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS.
(a) Authorization To Collect Debts and Erroneous Payments
From Employees.--
(1) In general.--Chapter 17 of title 11, District of
Columbia Official Code, is amended by adding at the end of
subchapter II the following new section:
``Sec. 11-1733. Collection, compromise, and waiver of
employee debts and erroneous payments
``(a) Collection of Debts and Erroneous Payments Made to
Employees.--
``(1) Authority to collect.--If the Executive Officer
determines that an employee or former employee of the
District of Columbia Courts is indebted to the District of
Columbia Courts because of an erroneous payment made to or on
behalf of the employee, or any other debt, the Executive
Officer may collect the amount of the indebtedness in
accordance with this subsection.
``(2) Timing of collection.--Any debt authorized to be
collected under this subsection may be collected in monthly
installments or at officially established regular pay period
intervals, by deduction in reasonable amounts from the
current pay of the employee.
``(3) Source of deductions.--Deductions described in
paragraph (2) may be made from any wages, salary,
compensation, remuneration for services, or other authorized
pay, including but not limited to incentive pay, back pay,
and lump sum leave payments, but not including retirement
pay.
``(4) Limit on amount.--The amount deducted with respect to
an employee for any period may not exceed 20 percent of the
employee's disposable pay, except that a greater percentage
may be deducted upon consent of the employee involved.
``(5) Collections after employment.--If an employee's
employment ends before collection of the amount of the
employee's indebtedness is completed, deductions may be made
from later non-periodic government payments of any nature due
the former employee, except retirement pay, and such
deductions may be made without regard to the limit under
paragraph (4).
``(b) Notice and Hearing Required.--
``(1) In general.--Except as provided in paragraph (3),
prior to initiating any proceedings under subsection (a) to
collect any indebtedness of an individual, the Executive
Officer shall provide the individual with--
``(A) a minimum of 30 days written notice, informing such
individual of the nature and amount of the indebtedness
determined by the District of Columbia Courts to be due, the
intention of the Courts to initiate proceedings to collect
the debt through deductions from pay, and an explanation of
the rights of the individual under this section;
``(B) an opportunity to inspect and copy Court records
relating to the debt;
``(C) an opportunity to enter into a written agreement with
the Courts, under terms agreeable to the Executive Officer,
to establish a schedule for the repayment of the debt; and
[[Page H6151]]
``(D) an opportunity for a hearing in accordance with
paragraph (2) on the determination of the Courts concerning
the existence or the amount of the debt, and in the case of
an individual whose repayment schedule is established other
than by a written agreement pursuant to subparagraph (C),
concerning the terms of the repayment schedule.
``(2) Procedures for hearings.--
``(A) Availability of hearing upon request.--A hearing
under this paragraph shall be provided if the individual, on
or before the fifteenth day following receipt of the notice
described in paragraph (1)(A), and in accordance with such
procedures as the Executive Officer may prescribe, files a
petition requesting such a hearing.
``(B) Basis for hearing.--Unless the hearing officer
determines that the existence or the amount of the debt turns
on an issue of credibility or veracity or cannot be resolved
by a review of the documentary evidence, the hearing shall be
on the written submissions.
``(C) Stay of collection proceedings.--The timely filing of
a petition for hearing shall stay the commencement of
collection proceedings.
``(D) Independent officer.--A hearing under this paragraph
shall be conducted by an independent hearing officer
appointed in accordance with regulations promulgated under
subsection (e).
``(E) Deadline for decision.--The hearing officer shall
issue a final decision regarding the questions covered by the
hearing at the earliest practicable date, but not later than
60 days after the hearing.
``(3) Exception.--Paragraphs (1) and (2) shall not apply to
routine intra-Courts adjustments of pay that are attributable
to clerical or administrative errors or delays in processing
pay documents that have occurred within the 4 pay periods
preceding the adjustment and to any adjustment that amounts
to $50 or less, if at the time of such adjustment, or as soon
thereafter as practical, the individual is provided written
notice of the nature and the amount of the adjustment and a
point of contact for contesting such adjustment.
``(c) Compromise.--
``(1) Authority to compromise claims.--The Executive
Officer may--
``(A) compromise a claim to collect an indebtedness under
this section if the amount involved is not more than
$100,000; and
``(B) suspend or end collection action on such a claim if
it appears that no person liable on the claim has the present
or prospective ability to pay a significant amount of the
claim or if the cost of collecting the claim is likely to be
more than the amount recovered.
``(2) Effect of compromise.--A compromise under this
subsection is final and conclusive unless gotten by fraud,
misrepresentation, presenting a false claim, or mutual
mistake of fact.
``(3) No liability of official responsible for
compromise.--An accountable official is not liable for an
amount paid or for the value of property lost or damaged if
the amount or value is not recovered because of a compromise
under this subsection.
``(d) Waiver of Claim.--
``(1) Authority to waive claims.--Upon application from a
person liable on a claim to collect an indebtedness under
this section, the Executive Officer may, with written
justification, waive the claim if collection would be--
``(A) against equity;
``(B) against good conscience; and
``(C) not in the best interests of the Courts.
``(2) Limitations on authority.--The Executive Officer may
not exercise the authority under this subsection to waive a
claim if--
``(A) in the Executive Officer's opinion, there exists, in
connection with the claim, an indication of fraud,
misrepresentation, fault, or lack of good faith on the part
of the employee, former employee, or any other person having
an interest in obtaining a waiver of the claim; or
``(B) the application for waiver is received in the
Executive Officer's office after the expiration of 3 years
immediately following the date on which the erroneous payment
was discovered or 3 years after the date of the enactment of
this section, whichever is later, except if the claim
involves money owed for Federal health benefits, Federal life
insurance, or Federal retirement benefits.
``(3) Denial of application for waiver.--A decision by the
Executive Officer to deny an application for a waiver under
this subsection shall be the final administrative decision of
the District government.
``(4) Refund of amounts already collected against claim
subsequently waived.--If the Courts have been reimbursed for
a claim under this section in whole or in part, and a waiver
of the claim is then granted, the employee or former employee
shall be entitled to a refund of the amount of the
reimbursement upon application for that refund, so long as
the application is received not later than 2 years after the
effective date of the waiver.
``(5) Effect on accounts of courts.--In the audit and
settlement of accounts of any accountable official, full
credit shall be given for any amounts with respect to which
collection by the Courts is waived under this subsection.
``(6) Validity of payments.--An erroneous payment or debt,
the collection of which is waived under this subsection, is a
valid payment for all purposes.
``(7) No effect on other authorities.--Nothing contained in
this subsection shall be construed to affect in any way the
authority under any other statute to litigate, settle,
compromise, or waive any claim of the District of Columbia.
``(e) Regulations.--The Executive Officer's authority under
this section shall be subject to regulations promulgated by
the Joint Committee on Judicial Administration.''.
(2) Clerical amendment.--The table of contents of chapter
17 of title 11, District of Columbia Official Code, is
amended by adding at the end of the items relating to
subchapter II the following new item:
``11-1733. Collection, compromise, and waiver of employee debts and
erroneous payments.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to erroneous payments made and debts
incurred before, on, or after the date of the enactment of
this Act.
(b) Authorization To Purchase Uniforms for Personnel.--
Section 11-1742(b), District of Columbia Official Code, is
amended by adding at the end the following new sentence:
``Under the authority of the previous sentence, the Executive
Officer may purchase uniforms to be worn by nonjudicial
employees of the District of Columbia Courts whose
responsibilities warrant the wearing of uniforms, so long as
the cost of furnishing a uniform to an employee during a year
does not exceed the amount applicable for the year under
section 5901(a)(1) of title 5, United States Code (relating
to the uniform allowance for employees of the Government of
the United States).''.
SEC. 3. AUTHORITIES OF COURT SERVICES AND OFFENDER
SUPERVISION AGENCY.
(a) Authority To Develop and Operate Incentive Programs for
Sentenced Offenders.--Section 11233(b)(2)(F) of the National
Capital Revitalization and Self-Government Improvement Act of
1997 (sec. 24-133(b)(2)(F), D.C. Official Code) is amended by
striking ``sanctions'' and inserting ``sanction and
incentive''.
(b) Permanent Authority To Accept Gifts.--Section
11233(b)(3)(A) of such Act (sec. 24-133(b)(3)(A), D.C.
Official Code) is amended to read as follows:
``(A) Authority to accept gifts.--The Director may accept,
solicit, and use on behalf of the Agency any monetary or
nonmonetary gift, donation, bequest, or use of facilities,
property, or services for the purpose of aiding or
facilitating the work of the Agency.''.
(c) Permanent Authority To Accept and Use Reimbursements
From District Government.--Section 11233(b)(4) of such Act
(sec. 24-133(b)(4)) is amended by striking ``During fiscal
years 2006 through 2008, the Director'' and inserting ``The
Director''.
SEC. 4. AUTHORITIES OF PUBLIC DEFENDER SERVICE.
(a) Acceptance and Use of Services of Volunteers.--Section
307(b) of such Act (sec. 2-1607(b), D.C. Official Code) is
amended by striking ``the Service may accept public grants
and private contributions made to assist it'' and inserting
``the Service may accept and use public grants, private
contributions, and voluntary and uncompensated (gratuitous)
services to assist it''.
(b) Treatment of Members of Board of Trustees as Employees
of Service for Purposes of Liability.--
(1) In general.--Section 303(d) of such Act (sec. 2-
1603(d), D.C. Official Code) is amended by striking
``employees of the District of Columbia'' and inserting
``employees of the Service''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the enactment of the
District of Columbia Courts and Justice Technical Corrections
Act of 1998 (Public Law 105-274).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Gosar) and the gentlewoman from the District of Columbia
(Ms. Norton) each will control 20 minutes.
The Chair recognizes the gentleman from Arizona.
General Leave
Mr. GOSAR. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and to include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. GOSAR. Mr. Speaker, I yield myself such time as I may consume.
This legislation, introduced by Ms. Norton, would provide increased
flexibility to the District of Columbia courts and related entities.
Among other provisions, H.R. 4185 would allow the D.C. courts to
collect outstanding employee debts or overpayments, and authorizes its
executive officer to purchase and provide uniforms for employees whose
responsibilities warrant wearing uniforms.
The bill authorizes the Court Services and Offender Supervision
Agency to develop and operate incentive programs for sentenced
offenders, such as vocational and educational training, and it allows
the Public Defender Service to accept volunteer service.
[[Page H6152]]
I want to thank Ms. Norton for all of her work on this bill, and I
urge all Members to support this.
I reserve the balance of my time.
Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of the District of Columbia Courts, Public Defender
Service, and Court Services and Offender Supervision Agency Act of
2014, or H.R. 4185.
First, I want to thank my good friends--the chairman of the full
committee, Mr. Issa, and our ranking member, Mr. Cummings--for their
work together with me on this bill, especially Chairman Issa for seeing
to it that this bill got to the House floor today.
Mr. Speaker, this bill makes, really, quite minor changes, but they
are important to the District of Columbia and to the Federal agencies
involved. They happen to be Federal agencies that uniquely serve the
District of Columbia.
{time} 1600
I will not bore the House with all of the elements of this bill
because they will seem quite minor to the House, though, as I indicate,
they are of some considerable importance to the agencies that are
involved.
For example--and I will use examples only--for the courts, it allows
the courts to collect debts owed to the courts by employees, such as
debts for loss or damage to property and improper credit card payments.
This is the kind of authority the court would now have.
Where there were erroneous payments to employees, those employees
would get a hearing before any such collection was charged to them.
The courts would have the authority to purchase uniforms, as an
example. As you can imagine, Mr. Speaker, in our courts, it would be
important that everyone who has the authority to enter the courts have
the same kind of uniform, given the kinds of secure hearings that take
place here in the District of Columbia, even more so than in most other
courts--Federal courts of the United States.
As an example, for the Public Defender Service, the board of trustees
should be treated as Federal employees or Public Defender Service
employees. They were formerly treated as District of Columbia employees
because this used to be a District of Columbia agency.
As an example, from the Court Services administration, which serves
our offenders who are under court supervision, there is an important
section, as an example, to allow CSOSA--as we call it--to use
incentives-based programming and not alone sanctions because all of the
documentation shows that incentives, along with sanctions--not
sanctions alone--are best to get compliance with supervision.
There are a number of others. I thank the committee for bringing this
bill, important to the District of Columbia, to the floor before the
end of the August recess.
I thank my good friend from Arizona for yielding, and I yield back
the balance of my time.
Ms. NORTON. Mr. Speaker, I rise in support of the District of
Columbia Courts, Public Defender Service, and Court Services and
Offender Supervision Agency Act of 2014 (H.R. 4185).
I would like to thank Chairman Issa and Ranking Members Cummings for
their work together to assist me with this bill, and Chairman Issa for
seeing to it that the bill would be on the floor today. This bill makes
minor changes, but they are important, to the authorities of the
District of Columbia Courts (Courts), the Public Defender Service for
the District of Columbia (PDS) and the Court Services and Offender
Supervision Agency for the District of Columbia (CSOSA), placing these
entities in the same position as their federal counterparts for more
effective management and operation.
This bill would allow the Courts to collect debts owed to the Courts
by its employees, such as debts from loss or damage to property,
improper credit card payments, erroneous payments to employees and the
like. The Courts would have to provide employees with at least 30
days's written notice regarding the debt collection, and employees
would have the right to a hearing conducted by an independent officer.
The bill would also give the Courts the authority to purchase uniforms
to ensure the safety of its building engineers, maintenance workers and
main personnel. These service employees must regularly access buildings
run by the Courts at all hours. The increase in the number of security
incidents in courthouses throughout the country as well as the location
of the Courts here in the nation's capital require visual security and
uniformity of staff to help ensure that unauthorized persons do not
enter secure areas.
The bill also would allow PDS to accept and use public grants and
both voluntary and uncompensated services, such as unpaid law clerks
and interns, as well as private contributions made to advance PDS's
work. It would allow the members of the PDS board of trustees to be
treated as PDS employees instead of District of Columbia employees for
purposes of liability. Under current law, due to an apparent drafting
error, the members of the board are treated as District of Columbia
employees for purposes of any action brought against board members. PDS
employees are not District of Columbia employees. PDS has the authority
to indemnify its board. This bill would rectify this oversight.
Finally, this bill would allow CSOSA to develop and implement
incentive-based programming to accompany its current sanction policies.
Combining both sanctions and incentives has proven to be more effective
than only compliance with supervision. The bill also would authorize
CSOSA to solicit, receive and use gifts for the purpose of advancing
its work, and would require the CSOSA to keep detailed records on its
use of this gift authority. It would also permit the Director to enter
into cost-reimbursement agreements with the D.C. government for space
or services provided. The D.C. government is a frequent partner of
CSOSA's due to its location in D.C. and CSOSA's mandate to assist in
the reintegration of D.C. Code offenders into society. Giving CSOSA the
authority to enter into reimbursable agreements with the District is
necessary to assist CSOSA in its daily work.
Mr. GOSAR. Mr. Speaker, I yield myself as much time as I may consume.
I urge all Members to join me in support of this bill, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Gosar) that the House suspend the rules and
pass the bill, H.R. 4185.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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