[Congressional Record Volume 162, Number 6 (Monday, January 11, 2016)]
[House]
[Pages H242-H244]
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 2015
Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 1629) 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:
S. 1629
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Courts,
Public Defender Service, and Court Services and Offender
Supervision Agency Act of 2015''.
SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS.
(a) Authorization To Collect Debts and Erroneous Payments
From Employees.--
(1) In general.--Subchapter II of chapter 17 of title 11,
District of Columbia Official
[[Page H243]]
Code, is amended by adding at the end the following:
``Sec. 11-1733. Collection, compromise, and waiver of
employee debts and erroneous payments
``(a) Collection of Debts and Erroneous Payments Made to
Employees.--
``(1) Authority to collect.--If the Executive Officer
determines that an employee or former employee of the
District of Columbia Courts is indebted to the District of
Columbia Courts because of an erroneous payment made to or on
behalf of the employee or former employee, or any other debt,
the Executive Officer may collect the amount of the debt in
accordance with this subsection.
``(2) Timing of collection.--The Executive Officer may
collect a debt from an employee under this subsection in
monthly installments or at officially established regular pay
period intervals, by deduction in reasonable amounts from the
current pay of the employee.
``(3) Source of deductions.--The Executive Officer may make
a deduction under paragraph (2) from any wages, salary,
compensation, remuneration for services, or other authorized
pay, including incentive pay, back pay, and lump sum leave
payments, but not including retirement pay.
``(4) Limit on amount.--In making deductions under
paragraph (2) with respect to an employee, the Executive
Officer--
``(A) except as provided in subparagraph (B), may not
deduct more than 20 percent of the disposable pay of the
employee for any period; and
``(B) upon consent of the employee, may deduct more than 20
percent of the disposable pay of the employee for any period.
``(5) Collections after employment.--If the employment of
an employee ends before the Executive Officer completes the
collection of the amount of the employee's debt under this
subsection, deductions may be made--
``(A) from later non-periodic government payments of any
nature due the former employee, except retirement pay; and
``(B) without regard to the limit under paragraph (4)(A).
``(b) Notice and Hearing Required.--
``(1) In general.--Except as provided in paragraph (3),
prior to initiating any proceeding under subsection (a) to
collect any debt from an individual, the Executive Officer
shall provide the individual with--
``(A) written notice, not later than 30 days before the
date on which the Executive Officer initiates the proceeding,
that informs the individual of--
``(i) the nature and amount of the debt determined by the
District of Columbia Courts to be due;
``(ii) the intention of the Courts to initiate a proceeding
to collect the debt through deductions from pay; and
``(iii) an explanation of the rights of the individual
under this section;
``(B) an opportunity to inspect and copy Court records
relating to the debt;
``(C) an opportunity to enter into a written agreement with
the Courts, under terms agreeable to the Executive Officer,
to establish a schedule for the repayment of the debt; and
``(D) an opportunity for a hearing in accordance with
paragraph (2) on the determination of the Courts--
``(i) concerning the existence or amount of the debt; and
``(ii) in the case of an individual whose repayment
schedule is established other than by a written agreement
under subparagraph (C), concerning the terms of the repayment
schedule.
``(2) Procedures for hearings.--
``(A) Availability of hearing upon request.--Except as
provided in paragraph (3), the Executive Officer shall
provide a hearing under this paragraph if an individual, not
later than 15 days after the date on which the individual
receives a notice under paragraph (1)(A), and in accordance
with any procedures that the Executive Officer prescribes,
files a petition requesting the hearing.
``(B) Basis for hearing.--A hearing under this paragraph
shall be on the written submissions unless the hearing
officer determines that the existence or amount of the debt--
``(i) turns on an issue of credibility or veracity; or
``(ii) cannot be resolved by a review of the documentary
evidence.
``(C) Stay of collection proceedings.--The timely filing of
a petition for a hearing under subparagraph (A) shall stay
the commencement of collection proceedings under this
section.
``(D) Independent officer.--An independent hearing officer
appointed in accordance with regulations promulgated under
subsection (e) shall conduct a hearing under this paragraph.
``(E) Deadline for decision.--The hearing officer shall
issue a final decision regarding the questions covered by the
hearing at the earliest practicable date, and not later than
60 days after the date of the hearing.
``(3) Exception.--Paragraphs (1) and (2) shall not apply to
a routine intra-Courts adjustment of pay that is attributable
to a clerical or administrative error or delay in processing
pay documents that occurred within the 4 pay periods
preceding the adjustment or to any adjustment that amounts to
not more than $50, if at the time of the adjustment, or as
soon thereafter as practical, the Executive Officer provides
the individual--
``(A) written notice of the nature and amount of the
adjustment; and
``(B) a point of contact for contesting the adjustment.
``(c) Compromise.--
``(1) Authority to compromise claims.--The Executive
Officer may--
``(A) compromise a claim to collect a debt under this
section if the amount involved is not more than $100,000; and
``(B) suspend or end collection action on a claim described
in subparagraph (A) if the Executive Officer determines
that--
``(i) no person liable on the claim has the present or
prospective ability to pay a significant amount of the claim;
or
``(ii) the cost of collecting the claim is likely to be
more than the amount recovered.
``(2) Effect of compromise.--A compromise under this
subsection shall be final and conclusive unless obtained by
fraud, misrepresentation, presenting a false claim, or mutual
mistake of fact.
``(3) No liability of official responsible for
compromise.--An accountable official shall not be liable for
an amount paid or for the value of property lost or damaged
if the amount or value is not recovered because of a
compromise under this subsection.
``(d) Waiver of Claim.--
``(1) Authority to waive claims.--Upon application from a
person liable on a claim to collect a debt under this
section, the Executive Officer may, with written
justification, waive the claim if collection would be--
``(A) against equity;
``(B) against good conscience; and
``(C) not in the best interests of the District of Columbia
Courts.
``(2) Limitations on authority.--The Executive Officer may
not waive a claim under this subsection if the Executive
Officer--
``(A) determines that there exists, in connection with the
claim, an indication of fraud, misrepresentation, fault, or
lack of good faith on the part of the employee, the former
employee, or any other person that has an interest in
obtaining a waiver of the claim; or
``(B) receives the application for waiver later than 3
years after the later of the date on which the erroneous
payment was discovered or the date of enactment of this
section, unless the claim involves money owed for Federal
health benefits, Federal life insurance, or Federal
retirement benefits.
``(3) Denial of application for waiver.--A decision by the
Executive Officer to deny an application for a waiver under
this subsection shall be the final administrative decision of
the District government.
``(4) Refund of amounts already collected against claim
subsequently waived.--If the Executive Officer waives a claim
against an employee or former employee under this section
after the District of Columbia Courts have been reimbursed
for the claim in whole or in part, the Executive Officer
shall provide the employee or former employee a refund of the
amount of the reimbursement upon application for the refund,
if the Executive Officer receives the application not later
than 2 years after the effective date of the waiver.
``(5) Effect on accounts of courts.--In the audit and
settlement of accounts of any accountable official, full
credit shall be given for any amounts with respect to which
collection by the District of Columbia Courts is waived under
this subsection.
``(6) Validity of payments.--An erroneous payment or debt,
the collection of which is waived under this subsection,
shall be a valid payment for all purposes.
``(7) No effect on other authorities.--Nothing in this
subsection shall be construed to affect the authority of the
District of Columbia under any other statute to litigate,
settle, compromise, or waive any claim of the District of
Columbia.
``(e) Regulations.--The authority of the Executive Officer
under this section shall be subject to regulations
promulgated by the Joint Committee.''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 17 of title 11, District of Columbia
Official Code, is amended by adding at the end the following:
``11-1733. Collection, compromise, and waiver of employee debts and
erroneous payments.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to any erroneous payment made or
debt incurred before, on, or after the date of enactment of
this Act.
(b) Authorization To Purchase Uniforms for Personnel.--
Section 11-1742(b), District of Columbia Official Code, is
amended by adding at the end the following: ``In carrying out
the authority under the preceding sentence, the Executive
Officer may purchase uniforms to be worn by nonjudicial
employees of the District of Columbia Courts whose
responsibilities warrant the wearing of uniforms if the cost
of furnishing a uniform to an employee during a year does not
exceed the amount applicable for the year under section
5901(a)(1) of title 5, United States Code (relating to the
uniform allowance for employees of the Government of the
United States).''.
SEC. 3. AUTHORITIES OF COURT SERVICES AND OFFENDER
SUPERVISION AGENCY.
(a) Authority To Develop and Operate Programmatic
Incentives for Sentenced Offenders.--Section 11233(b)(2)(F)
of the National Capital Revitalization and Self-Government
Improvement Act of 1997 (sec. 24-
[[Page H244]]
133(b)(2)(F), D.C. Official Code) is amended by striking
``sanctions'' and inserting ``sanctions and incentives''.
(b) Permanent Authority To Accept Gifts.--Section
11233(b)(3)(A) of the National Capital Revitalization and
Self-Government Improvement Act of 1997 (sec. 24-
133(b)(3)(A), D.C. Official Code) is amended to read as
follows:
``(A) Authority to accept gifts.--The Director may accept,
solicit, and use on behalf of the Agency any monetary or
nonmonetary gift, donation, bequest, or use of facilities,
property, or services for the purpose of aiding or
facilitating the work of the Agency.''.
(c) Permanent Authority To Accept and Use Reimbursements
From District Government.--Section 11233(b)(4) of such Act
(sec. 24-133(b)(4)) is amended by striking ``During fiscal
years 2006 through 2008, the Director'' and inserting ``The
Director''.
SEC. 4. AUTHORITIES OF PUBLIC DEFENDER SERVICE.
(a) Acceptance and Use of Services of Volunteers.--Section
307(b) of the District of Columbia Court Reform and Criminal
Procedure Act of 1970 (sec. 2-1607(b), D.C. Official Code) is
amended by striking ``the Service may accept public grants
and private contributions made to assist it'' and inserting
``the Service may accept and use public grants, private
contributions, and voluntary and uncompensated (gratuitous)
services to assist it''.
(b) Treatment of Members of Board of Trustees as Employees
of Service for Purposes of Liability.--
(1) In general.--Section 303(d) of the District of Columbia
Court Reform and Criminal Procedure Act of 1970 (sec. 2-
1603(d), D.C. Official Code) is amended by striking
``employees of the District of Columbia'' and inserting
``employees of the Service''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the enactment of the
District of Columbia Courts and Justice Technical Corrections
Act of 1998 (Public Law 105-274; 112 Stat. 2419).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Chaffetz) and the gentlewoman from the District of Columbia
(Ms. Norton) each will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is a bipartisan bill from the Senate that we are
considering. Senator Johnson of Wisconsin has put forward this bill. It
has cleared the Senate, we are happy to bring this up, but I would urge
its adoption.
It is S. 1629, with a very long title to it: The District of Columbia
Courts, Public Defender Service, and Court Services and Offender
Supervision Agency Act of 2015. It just rolls off the tongue.
This bipartisan bill was introduced, as I said, by Senator Ron
Johnson of Wisconsin, and it gives judicial officials in the District
of Columbia the authority they need to make personnel and managerial
decisions.
In 1997, Congress reorganized the District of Columbia judicial
agencies, making them Federal agencies with Federal employees. This
bill improves the efficiency and functions of the D.C. judicial branch
by extending them authorities that are available to other Federal
agencies.
S. 1629 allows the D.C. courts system to collect debts and erroneous
payments made to employees through installment plans of reasonable
amounts. Additionally, the courts will be able to provide uniforms to
nonjudicial employees. This helps address safety concerns by giving
these employees greater visibility in the courthouse and in the
community.
Further, these reforms will allow the D.C. judicial offices to
operate certain incentive programs, make use of the donations and
contributions, and utilize unpaid volunteers. It brings sensible
authorities to the District's judicial agencies that will allow these
officers to increase efficiencies and conduct their work more
effectively.
We had an opportunity to mark up this bill, and I appreciate the
input of Ms. Norton certainly, being from the District of Columbia. And
we would urge its final passage here on the floor now.
I reserve the balance of my time.
Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
First, I need to thank Senate Homeland Security and Governmental
Affairs Committee Chairman Ron Johnson and Ranking Member Tom Carper
for sponsoring the District of Columbia Courts, Public Defender
Service, and Court Services and Offender Supervision Agency Act, and
for all their hard work in getting it passed in the Senate.
Thanks also are due to my good friend, the chairman of the Oversight
Committee, Jason Chaffetz, and its Ranking Member, Elijah Cummings, for
bringing this bill to the floor and working so closely with us in the
District of Columbia.
This bill may seem small, but its technical changes will improve the
operations and effectiveness of three District of Columbia criminal
justice agencies that are under the jurisdiction of the Federal
Government, and they are under that jurisdiction because of the
Revitalization Act, which took over the funding of certain District of
Columbia agencies because they are State agencies, to improve the
financial condition of the District of Columbia, which was the only
city that carried State functions.
This bill gives these agencies some modest new authorities that are
already available to comparable Federal agencies. The bill would
authorize CSOSA to use incentives-based programs for offenders, instead
of only sanctions to get compliance.
This is in keeping with modern penology. It would allow the Public
Defender Service to accept and use public grants, voluntary and
uncompensated services, such as unpaid law clerks and interns of the
kind, for example, that we use here every day, and private
contributions made to advance the Public Defender Service's work. It
would allow the courts to collect debts owed to it by its employees.
These changes are small and they are noncontroversial, but they mean
a great deal to the District of Columbia because they will modernize
and improve the daily operations of the District's criminal justice
system.
If I may say so while the chairman is on the floor, these small
changes, somehow I hope our committee will find a way to allow the
courts, themselves, to do so that we do not have to bring such small
changes before this body, which has such important work.
Mr. Speaker, I yield back the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, this is a good bipartisan piece of
legislation. It is common sense. We should pass it.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and
pass the bill, S. 1629.
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.
____________________