[House Report 113-514]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-514

======================================================================



 
    DISTRICT OF COLUMBIA COURTS, PUBLIC DEFENDER SERVICE, AND COURT 
          SERVICES AND OFFENDER SUPERVISION AGENCY ACT OF 2014

                                _______
                                

  July 3, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Issa, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4185]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred 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, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     2
Explanation of Amendments........................................     3
Committee Consideration..........................................     3
Application of Law to the Legislative Branch.....................     3
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     3
Statement of General Performance Goals and Objectives............     3
Duplication of Federal Programs..................................     3
Disclosure of Directed Rule Makings..............................     3
Federal Advisory Committee Act...................................     4
Unfunded Mandate Statement.......................................     4
Earmark Identification...........................................     4
Committee Estimate...............................................     4
Budget Authority and Congressional Budget Office Cost Estimate...     4
Changes in Existing Law Made by the Bill as Reported.............     5

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 4185, the District of Columbia Courts, Public Defender 
Service, and Court Services and Offender Supervision Agency Act 
of 2014, gives several District of Columbia judicial offices 
increased authority to make personnel and managerial decisions, 
including authorization to collect debts and erroneous payments 
from DC Courts employees; authority to operate incentive 
programs for sentenced offenders for the Court services and 
Offender Supervision Agency; and related provisions.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 4185 will provide increased flexibility for these 
three District entities, and will help them operate more 
efficiently and effectively.

                          LEGISLATIVE HISTORY

    H.R. 4185 was introduced by Delegate Eleanor Holmes Norton 
on March 10, 2014. The Committee by voice vote ordered the 
legislation to be reported to the full House on March 12, 2014.

                           Section-by-Section


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''.

Section 2. Authorities of District of Columbia courts

    Allows the Courts to collect outstanding employee debts or 
overpayments by offsetting pay.
    Sets the timing for such collections in monthly 
installments or at officially established regular pay periods, 
ensuring reasonable deductions (not to exceed 20% of take home 
pay).
    Allows the recovery to come from salary, wages, 
compensation, etc.
    Requires the individual to be properly notified at least 30 
days out; allows them to see records relating to this debt; 
allows them an opportunity to enter into a written agreement 
with the Court with a pay schedule; and allows for a hearing to 
discuss the matter.
    Allows flexibility for the Executive Officer to compromise 
a claim if the amount is less than $100,000, and collection 
would cost more than the individual's ability to repay the 
debt.
    This authority applies to debts occurring before, on, or 
after the date of enactment.
    This section also allows the Courts to purchase and provide 
uniforms for employees whose responsibilities warrant wearing 
uniforms.

Section 3. Authorities of Court Services and Offender Supervision 
        Agency

    Authorizes CSOSA to develop and operate incentive programs 
for sentenced offenders, such as vocational and educational 
training.
    Allows CSOSA to accept and solicit gifts for the purpose of 
aiding or facilitating the work of the agency.
    Allows CSOSA the authority to accept and use reimbursements 
from the District Government.

Section 4. Authorities of Public Defender Service

    Allows PDS to accept volunteer service.
    Authorizes the treatment of members of the Board of 
Trustees as employees of service for liability purposes.

                       Explanation of Amendments

    There were no amendments offered.

                        Committee Consideration

    On March 12, 2014, the Committee met in open session and 
ordered reported favorably the bill, H.R. 4185, by voice vote, 
a quorum being present.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill gives several DC judicial offices increased authority 
to make personnel and managerial decisions, including 
authorization to collect debts and erroneous payments from DC 
Courts employees. As such this bill does not relate to 
employment or access to public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                    Duplication of Federal Programs

    No provision of H.R. 4185 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 4185 does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    H.R. 4185 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 4185. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 4185 from the Director of 
Congressional Budget Office:

                                                      May 16, 2014.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4185, the District 
of Columbia Courts, Public Defender Service, and Court Services 
and Offender Supervision Agency Act of 2014.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 4185--District of Columbia Courts, Public Defender Service, and 
        Court Services and Offender Supervision Agency Act of 2014

    H.R. 4185 would make changes to the District of Columbia 
Official Code that governs the D.C. Courts system. Based on 
information provided by the court system, CBO estimates that 
the proposed changes would not have a significant effect on the 
federal budget. Enacting the legislation would affect direct 
spending because it would authorize the Court Services and 
Offender Service Agency (CSOSA) to accept and spend monetary 
gifts. Therefore, pay-as-you-go procedures apply. However, CBO 
estimates that the net effect on direct spending would be 
insignificant. Enacting H.R. 4185 would not affect revenues.
    Under current law, the budget of the D.C. Courts system, 
including the Public Defender Service (PDS) and CSOSA, is 
funded by federal appropriations, and its expenditures are thus 
recorded in the federal budget. Among other changes, the bill 
would allow the D.C. Courts System to collect debts and 
erroneous payments owed by its employees, and to purchase 
uniforms for non-judicial employees. The bill also would allow 
CSOSA to operate incentive programs for prisoner education, 
accept and spend gifts, and receive reimbursement from the D.C. 
government for the use of office space in D.C. Courts 
facilities. Finally, the bill would allow the PDS to use unpaid 
volunteers. Based on information provided by the District of 
Columbia Courts, the PDS, and CSOSA, CBO estimates that the 
proposed changes would not have a significant effect on the 
federal budget.
    H.R. 4185 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

DISTRICT OF COLUMBIA OFFICIAL CODE

           *       *       *       *       *       *       *



TITLE 2--GOVERNMENT ADMINISTRATION

           *       *       *       *       *       *       *


CHAPTER 16--PUBLIC DEFENDER SERVICE

           *       *       *       *       *       *       *



Sec. 2-1603. Board of Trustees

  (a) * * *

           *       *       *       *       *       *       *

  (d) For the purposes of any action brought against the 
trustees of the Service, they shall be deemed to be [employees 
of the District of Columbia] employees of the Service.

           *       *       *       *       *       *       *


Sec. 2-1607. Appropriation; public grants and private contributions

  (a) * * *
  (b) Upon approval of the Board of Trustees, [the Service may 
accept public grants and private contributions made to assist 
it] the Service may accept and use public grants, private 
contributions, and voluntary and uncompensated (gratuitous) 
services to assist it in carrying out the provisions of this 
chapter.

           *       *       *       *       *       *       *


TITLE 11--ORGANIZATION AND JURISDICTION OF THE COURTS

           *       *       *       *       *       *       *


CHAPTER 17-- ADMINISTRATION OF DISTRICT OF COLUMBIA COURTS

           *       *       *       *       *       *       *



                     SUBCHAPTER II--COURT PERSONNEL


Sec.
     * * * * * * *
11-1733. Collection, compromise, and waiver of employee debts and 
          erroneous payments.
     * * * * * * *

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
                  (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.

SUBCHAPTER III--DUTIES AND RESPONSIBILITIES

           *       *       *       *       *       *       *


Sec. 17-1742. Property and disbursement

  (a) * * *
  (b) The Executive Officer shall be responsible for the 
procurement of necessary equipment, supplies, and services for 
the courts and shall have power, subject to applicable law, to 
reimburse the District of Columbia government for services 
provided and to contract for such equipment, supplies, and 
services as may be necessary. 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).

           *       *       *       *       *       *       *

                              ----------                              


NATIONAL CAPITAL REVITALIZATION AND SELF-GOVERNMENT IMPROVEMENT ACT OF 
1997

           *       *       *       *       *       *       *


TITLE XI--DISTRICT OF COLUMBIA REVITALIZATION

           *       *       *       *       *       *       *


Subtitle C--Criminal Justice

           *       *       *       *       *       *       *


CHAPTER 3--OFFENDER SUPERVISION AND PAROLE

           *       *       *       *       *       *       *


SEC. 11233. COURT SERVICES AND OFFENDER SUPERVISION AGENCY.

  (a) * * *
  (b) Director.--
          (1) * * *
          (2) Powers and duties of director.--The Director 
        shall--
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) develop and operate intermediate 
                [sanctions] sanction and incentive programs for 
                sentenced offenders;

           *       *       *       *       *       *       *

          (3) Acceptance of gifts.--
                  [(A) Authority to accept gifts.--During 
                fiscal years 2006 through 2008, the Director 
                may accept and use gifts in the form of--
                          [(i) in-kind contributions of space 
                        and hospitality to support offender and 
                        defendant programs; and
                          [(ii) equipment and vocational 
                        training services to educate and train 
                        offenders and defendants.]
                  (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.

           *       *       *       *       *       *       *

          (4) Reimbursement from district government.--[During 
        fiscal years 2006 through 2008, the Director] The 
        Director may accept and use reimbursement from the 
        District government for space and services provided, on 
        a cost reimbursable basis.

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