[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.

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