[House Report 114-368]
[From the U.S. Government Publishing Office]
114th Congress { } Report
1st Session { HOUSE OF REPRESENTATIVES } 114-368
======================================================================
DISTRICT OF COLUMBIA COURTS, PUBLIC DEFENDER SERVICE, AND COURT
SERVICES AND OFFENDER SUPERVISION AGENCY ACT OF 2015
_______
December 3, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany S. 1629]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred 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, 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............................................... 3
Explanation of Amendments........................................ 4
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Advisory Committee Act................................... 5
Unfunded Mandate Statement....................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
Budget Authority and Congressional Budget Office Cost Estimate... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Committee Statement and Views
PURPOSE AND SUMMARY
S. 1629, the District of Columbia Courts, Public Defender
Service, and Court Services and Offender Supervision Agency Act
of 2015, gives several District of Columbia (DC) judicial
offices increased authority to make personnel and managerial
decisions. Specifically, the bill would allow the DC Courts
system to collect debts and erroneous payments owed by its
employees; authorize offender incentive programs for the Court
Services and Offender Supervision Agency for the District of
Columbia (CSOSA); and allow the Public Defender Service for the
District of Columbia (Public Defender Service) to use unpaid
volunteers.
BACKGROUND AND NEED FOR LEGISLATION
Congress passed the National Capital Revitalization and
Self-Government Improvement Act of 1997 (Revitalization Act of
1997) as part of the Balanced Budget Act of 1997.\1\ As part of
this law, the federal government became responsible for
administering ``prisons, courts, and probation/parole
supervision'' within the District of Columbia.\2\ Following
passage of the Revitalization Act of 1997, the DC Courts,
Public Defender Service, and CSOSA have requested several
legislative changes so they may execute their duties more
effectively and efficiently.
---------------------------------------------------------------------------
\1\Pub. L. No. 105-33 (1997).
\2\Court Services & Offender Supervision Agency for the District of
Columbia, National Capital Revitalization and Self-Government
Improvement Act of 1997, available at http://www.csosa.gov/about/
history/revitalization-act.aspx (last visited Oct. 30, 2015).
---------------------------------------------------------------------------
Currently, DC Courts is limited in its ability to collect
debts owed by its employees.\3\ S. 1629 would give DC Courts
the ability to offset pay to collect employee debts.
---------------------------------------------------------------------------
\3\Letter from Lee Satterfield, Chief Judge, Superior Court of
D.C.; Avis Buchanan, Director, Public Defender Service of D.C.; Nancy
M. Ware, Director, Court Services & Offender Supervision Agency of
D.C., to Jason Chaffetz, Chairman, H. Comm. on Oversight & Gov't
Reform, Mark Meadows, Chairman, Subcomm. on Gov't Operations, H. Comm.
on Oversight & Gov't Reform (Feb. 6, 2015) (hereinafter ``CSOSA
letter'').
---------------------------------------------------------------------------
Currently, DC Courts may not provide uniforms to its non-
judicial employees.\4\ S. 1629 would enable the DC Courts to
provide uniforms. The absence of uniformed personnel makes it
difficult to identify courthouse personnel and raises safety
concerns regarding visibility both in the courthouse and within
the community.\5\ Providing uniforms to probation officers, for
example, will allow other law enforcement officials to more
easily identify probation officers, and help the public better
understand who is serving them within the community.\6\
---------------------------------------------------------------------------
\4\Id.
\5\Id.
\6\Id.
---------------------------------------------------------------------------
Additionally, CSOSA lacks the authority to utilize
incentives to reduce offender recidivism.\7\ This bill would
give CSOSA the ability to use incentives, an identified best
practice, for improved offender supervision.\8\
---------------------------------------------------------------------------
\7\CSOSA letter, supra note 3.
\8\Id.
---------------------------------------------------------------------------
S. 1629 also would grant CSOSA the authority to accept
gifts such as contributions of space, equipment, tools,
supplies, and training from the organizations with which it
works in furtherance of its mission. The bill would require
that records be maintained on such gifts.\9\ S. 1629 would
authorize CSOSA to enter into cost reimbursable agreements with
the DC government.
---------------------------------------------------------------------------
\9\Id.
---------------------------------------------------------------------------
The Public Defender Service believes that it would benefit
from language that makes clear its ability to accept gratuitous
services for the purpose of carrying out its mission.\10\ S.
1629 would provide assurance that it is operating consistent
with its governing statute in accepting gratuitous services.
---------------------------------------------------------------------------
\10\Id.
---------------------------------------------------------------------------
Lastly, the District of Columbia Court Reform and Criminal
Procedure Act of 1970, as amended, treats the Public Defender
Service volunteer Board of Trustees as DC employees when it
relates to action brought against the trustees.\11\ It is
unknown why the language was not amended, as it is inconsistent
with the rest of the statute, which treats the Public Defender
Service and its employees separate from the DC government.\12\
This bill would make clear that the trustees are to be
considered employees of the Public Defender Service for any
action taken against the trustees.
---------------------------------------------------------------------------
\11\Id.
\12\Id.
---------------------------------------------------------------------------
LEGISLATIVE HISTORY
S. 1629, the District of Columbia Courts, Public Defender
Service, and Court Services and Offender Supervision Agency Act
of 2015, was introduced on June 18, 2015, by Senator Ron
Johnson (R-WI), and referred to the Senate Committee on
Homeland Security and Governmental Affairs. Senator Tom Carper
(D-DE) is an original cosponsor. On June 24, 2015, the Senate
Committee on Homeland Security and Governmental Affairs
considered S. 1629 and ordered the bill favorably reported by
voice vote. On September 10, 2015, S. 1629 passed the Senate by
unanimous consent and was referred to the House Committee on
Oversight and Government Reform.
In the 113th Congress, similar legislation, H.R. 4185, was
introduced by Delegate Eleanor Holmes Norton (D-DC) on March
10, 2014. The Committee ordered the bill favorably reported by
voice vote on March 12, 2014. The bill passed the House by
voice vote on July 14, 2014. The legislation was received in
the Senate on July 15, 2014. No further action was taken.
Section-by-Section
Section 1. Short title
Designates the bill as the ``District of Columbia Courts,
Public Defender Service, and Court Services and Offender
Supervision Agency Act of 2015.''
Section 2. Authorities of District of Columbia Courts
Authorizes the District of Columbia Courts to collect
overpayments and other outstanding employee debts by offsetting
pay.
Allows the District of Columbia Courts to provide uniforms
for certain employees in support of their job duties.
Section 3. Authorities of Court Services and Offender Supervision
Agency
Authorizes the Court Services and Offender Supervision
Agency (CSOSA) to offer programmatic incentives to sentenced
offenders. Makes permanent the authority of CSOSA to accept
gifts. Authorizes CSOSA to enter into cost reimbursable
agreements with the DC government.
Section 4. Authorities of Public Defender Service
Authorizes the Public Defender Service to accept gratuitous
services.
Clarifies that members of the Board of Trustees for the
Public Defender Service are employees of the Public Defender
Service for purposes of any action against the trustees.
Explanation of Amendments
No amendments were offered during the Full Committee
consideration of S. 1629.
Committee Consideration
On October 9, 2015, the Committee met in open session and
ordered reported favorably the bill, S. 1629, by unanimous
consent, a quorum being present.
Roll Call Votes
No recorded votes were requested or conducted during the
Committee's consideration of S. 1629.
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
goal or objective of the bill is 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.
Duplication of Federal Programs
No provision of this bill 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 this bill 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
Mandates 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
This bill 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)(1) 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
this bill. However, clause 3(d)(2)(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 of
1974.
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 this bill from the Director of
Congressional Budget Office:
S. 1629--District of Columbia Courts, Public Defender Service, and
Court Services and Offender Supervision Agency Act of 2015
S. 1629 would change portions of the District of Columbia
Official Code that governs the D.C. Courts system. Under
current law, the budget of the D.C. Courts system, including
the Public Defender Service (PDS) and the Court Services and
Offender Service Agency (CSOSA), is funded by federal
appropriations; thus, its expenditures are recorded in the
federal budget. Among other changes, the legislation 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. S. 1629 also would allow CSOSA to
operate incentive programs for offender 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 legislation would allow PDS to use unpaid volunteers. Based
on information provided by the District of Columbia Courts,
PDS, and CSOSA, CBO estimates that the proposed changes would
have an insignificant effect on federal discretionary spending.
Enacting the legislation would affect direct spending
because it would authorize 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
negligible. Enacting S. 1629 would not affect revenues.
CBO estimates that enacting S. 1629 would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the four consecutive 10-year periods beginning in
2026.
S. 1629 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.
On July 2, 2015, CBO transmitted a cost estimate for S.
1629 as ordered reported by the Senate Committee on Homeland
Security and Governmental Affairs on June 24, 2015. The two
versions of the legislation are identical, and the estimated
budgetary effects are the same.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by H. Samuel Papenfuss,
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, and existing law in which no
change is proposed is shown in roman):
DISTRICT OF COLUMBIA OFFICIAL CODE
* * * * * * *
DIVISION I--GOVERNMENT OF DISTRICT
* * * * * * *
TITLE 2--GOVERNMENT ADMINISTRATION
* * * * * * *
CHAPTER 16--PUBLIC DEFENDER SERVICE
* * * * * * *
Sec. 2-1603. Board of trustees
(a) The powers of the Service shall be vested in a Board of
Trustees composed of 11 members. The Board of Trustees shall
establish general policy for the Service but shall not direct
the conduct of particular cases.
(b)(1) Members of the Board of Trustees shall be appointed by
a panel. consisting of:
(A) The Chief Judge of the United States District
Court for the District of Columbia;
(B) The Chief Judge of the District of Columbia Court
of Appeals;
(C) The Chief Judge of the Superior Court of the
District of Columbia; and
(D) The Mayor of the District of Columbia.
(2) The panel shall be presided over by the Chief Judge of
the District of Columbia Court of Appeals (or in his absence,
the designee of such Judge). A quorum of the panel shall be 4
members.
(3) Four of the 11 members of the Board of Trustees shall be
non-attorneys and shall be residents of the District of
Columbia.
(4) Judges of the United States courts in the District of
Columbia and of District of Columbia courts may not be
appointed to serve as members of the Board of Trustees.
(5) The term of office of a member of the Board of Trustees
shall be 3 years. No person shall serve more than 2 consecutive
terms as a member of the Board of Trustees. A vacancy in the
Board of Trustees shall be filled in the same manner as the
original appointment. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed only for the
remainder of such term.
(c) The trustees of the Legal Aid Agency for the District of
Columbia in office on the date of enactment of this Act shall
serve the unexpired portions of their terms as trustees of the
Service.
(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) There are authorized to be appropriated to the Service in
each fiscal years such funds as may be necessary to carry out
this chapter. 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.
(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.
(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.
(d) During fiscal years 2006 through 2008, the Service may
charge fees to cover the costs of materials distributed to
attendees of educational events, including conferences,
sponsored by the Service. Notwithstanding section 3302 of title
31, United States Code (31 U.S.C. Sec. 3302), any amounts
received as fees under this subsection shall be credited to the
Service and available for use without further appropriation.
(e) The Service shall, to the extent the Director considers
appropriate, provide representation for and hold harmless, or
provide liability insurance for, any person who is an employee,
member of the Board of Trustees, or officer of the Service for
money damages arising out of any claim, proceeding, or case at
law relating to the furnishing of representational services or
management services or related services under this chapter
while acting within the scope of that person's office or
employment, including but not limited to such claims,
proceedings, or cases at law involving employment actions,
injury, loss of liberty, property damage, loss of property, or
personal injury, or death arising from malpractice or
negligence of any such officer or employee.
* * * * * * *
DIVISION II--JUDICIARY AND JUDICIAL PROCEDURE
* * * * * * *
TITLE 11--ORGANIZATION AND JURISDICTION OF THE COURTS.
* * * * * * *
CHAPTER 17--ADMINISTRATION OF DISTRICT OF COLUMBIA COURTS
SUBCHAPTER I-COURT ADMINISTRATION
Sec.
11-1701. Administration of District of Columbia court system.
* * * * * * *
SUBCHAPTER II-COURT PERSONNEL
* * * * * * *
11-1733. Collection, compromise, and waiver of employee debts and
erroneous payments.
* * * * * * *
SUBCHAPTER II--COURT PERSONNEL
* * * * * * *
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.
* * * * * * *
SUBCHAPTER III--DUTIES AND RESPONSIBILITIES
* * * * * * *
Sec. 11-1742. Property and disbursement
(a) The Executive Officer shall be responsible, subject to
the supervision of the Joint Committee, for the management of
such buildings and space as may be assigned to the courts and
shall maintain liaison with the appropriate Federal and
District of Columbia officials with respect thereto.
(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. 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).
(c) The Executive Officer shall serve as disbursing officer
and payroll officer of the District of Columbia courts and
shall assign and distribute necessary equipment and supplies.
(d) To prevent duplication and to promote efficiency and
economy, the Executive Officer may enter into agreements to
provide the Mayor of the District of Columbia with equipment,
supplies, and services and credit reimbursements received from
the Mayor for such equipment, supplies, and services to the
appropriation of the District of Columbia Courts against which
they were charged.
* * * * * * *
----------
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) Establishment.--There is established within the executive
branch of the Federal Government the Court Services and
Offender Supervision Agency for the District of Columbia
(hereafter in this section referred to as the ``Agency'') which
shall assumes its duties not less than one year or more than
three years after the enactment of this Act.
(b) Director.--
(1) Appointment and compensation.--The Agency shall
be headed by a Director appointed by the President, by
and with the advice and consent of the Senate, for a
term of six years. The Director shall be compensated at
the rate prescribed for Level IV of the Executive
Schedule, and may be removed from office prior to the
expiration of term only for neglect of duty,
malfeasance in office, or other good cause shown.
(2) Powers and duties of director.--The Director
shall--
(A) submit annual appropriation requests for
the Agency to the Office of Management and
Budget;
(B) determine, in consultation with the Chief
Judge of the United States District Court for
the District of Columbia, the Chief Judge of
the Superior Court of the District of Columbia,
and the Chairman of the United States Parole
Commission, uniform supervision and reporting
practices for the Agency;
(C) hire and supervise supervision officers
and support staff for the Agency;
(D) direct the use of funds made available to
the Agency;
(E) enter into such contracts, leases, and
cooperative agreements as may be necessary for
the performance of the Agency's functions,
including contracts for substance abuse and
other treatment and rehabilitative programs;
(F) develop and operate intermediate
[sanctions] sanctions and incentives programs
for sentenced offenders;
(G) arrange for the supervision of District
of Columbia offenders on parole, probation, and
supervised release who seek to reside in
jurisdictions outside the District of Columbia;
(H) carry out all functions which have
heretofore been carried out by the Social
Services Division of the Superior Court
relating to supervision of adults subject to
protection orders or provision of services for
or related to such persons;
(I) arrange for the supervision of offenders
on parole, probation, and supervised release
from jurisdictions outside the District of
Columbia who seek to reside in the District of
Columbia; and
(J) have the authority to enter into
agreements, including the Interstate Compact
for Adult Offender Supervision, with any State
or group of States in accordance with the
Agency's responsibilities under subparagraphs
(G) and (I).
(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.
(B) Records.--The Director shall keep
accurate and detailed records of the acceptance
and use of any gifts under subparagraph (A),
and shall make such records available for audit
and public inspection.
(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.
(c) Functions.--
(1) In general.--The Agency shall provide
supervision, through qualified supervision officers,
for offenders on probation, parole, and supervised
release pursuant to the District of Columbia Code. The
Agency shall carry out its responsibilities on behalf
of the court or agency having jurisdiction over the
offender being supervised.
(2) Supervision of released offenders.--The Agency
shall supervise any offender who is released from
imprisonment for any term of supervised release imposed
by the Superior Court of the District of Columbia. Such
offender shall be subject to the authority of the
United States Parole Commission until completion of the
term of supervised release. The United States Parole
Commission shall have and exercise the same authority
as is vested in the United States district courts by
paragraphs (d) through (i) of section 3583 of title 18,
United States Code, except that--
(A) the procedures followed by the Commission
in exercising such authority shall be those set
forth in chapter 311 of title 18, United States
Code; and
(B) an extension of a term of supervised
release under subsection (e)(2) of section 3583
may only be ordered by the Superior Court upon
motion from the Commission.
(3) Supervision of probationers.--Subject to
appropriations and program availability, the Agency
shall supervise all offenders placed on probation by
the Superior Court of the District of Columbia. The
Agency shall carry out the conditions of release
imposed by the Superior Court (including conditions
that probationers undergo training, education, therapy,
counseling, drug testing, or drug treatment), and shall
make such reports to the Superior Court with respect to
an individual on probation as the Superior Court may
require.
(4) Supervision of district of columbia parolees.--
The Agency shall supervise all individuals on parole
pursuant to the District of Columbia Code. The Agency
shall carry out the conditions of release imposed by
the United States Parole Commission or, with respect to
a misdemeanant, by the Superior Court of the District
of Columbia, and shall make such reports to the
Commission or Court with respect to an individual on
parole supervision as the Commission or Court may
require.
(5) Sex offender registration.--The Agency shall
carry out sex offender registration functions in the
District of Columbia, and shall have the authority to
exercise all powers and functions relating to sex
offender registration that are granted to the Agency
under any District of Columbia law.
(d) Authority of Officers.--The supervision officers of the
Agency shall have and exercise the same powers and authority as
are granted by law to United States Probation and Pretrial
Officers.
(e) Pretrial Services Agency.--
(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.
(2) Submission on behalf of pretrial services.--The
Director of the Agency shall submit, on behalf of the
District of Columbia Pretrial Services Agency and with
the approval of the Director of the Pretrial Services
Agency, an annual appropriation request to the Office
of Management and Budget. Such request shall be
separate from the request submitted for the Agency.
(3) Liability of District of Columbia.--The District
of Columbia shall defend any civil action or proceeding
brought in any court or other official Federal, state,
or municipal forum against the District of Columbia
Pretrial Services Agency or the District of Columbia or
its officers, employees, or agents, and shall assume
any liability resulting from such an action or
proceeding, if the action or proceeding arises from the
activities of the District of Columbia Pretrial
Services Agency prior to the date on which the Offender
Supervision, Defender and Courts Services Agency
assumes its duties.
(4) Litigation.--
(A) Corporation counsel.--Subject to
subparagraph (B), the Corporation Counsel of
the District of Columbia shall provide
litigation services to the District of Columbia
Pretrial Services Agency, except that the
District of Columbia Pretrial Services Agency
may instead elect, either generally or in
relation to particular cases or classes of
cases, to hire necessary staff and personnel or
enter into contracts for the provision of
litigation services at such agency's expense.
(B) Attorney general.--
(i) In general.--Notwithstanding
subparagraph (A), with respect to any
litigation involving the District of
Columbia Pretrial Services Agency, the
Attorney General may--
(I) direct the litigation of
the agency, and of the District
of Columbia on behalf of the
agency; and
(II) provide on a
reimbursable or non-
reimbursable basis litigation
services for the agency at the
agency's request or on the
Attorney General's own
initiative.
(ii) Approval of settlement.--With
respect to any litigation involving the
District of Columbia Pretrial Services
Agency, the agency may not agree to any
settlement involving any form of
equitable relief without the approval
of the Attorney General. The agency
shall provide to the Attorney General
such notice and reports concerning
litigation as the Attorney General may
direct.
(iii) Discretion.--Any decision to
exercise any authority of the Attorney
General under this paragraph shall be
in the sole discretion of the Attorney
General and shall not be reviewable in
any court.
(g) Authority To Use Services of Volunteers.--
(1) In general.--The Agency (including any
independent entity within the Agency) may accept the
services of volunteers and provide for their incidental
expenses to carry out any activity of the Agency except
policy-making.
(2) Applicability of worker's compensation rules to
volunteers.--Any volunteer whose services are accepted
pursuant to this subsection shall be considered an
employee of the United States Government in providing
the services for purposes of chapter 81 of title 5,
United States Code (relating to compensation for work
injuries) and chapter 11 of title 18, United States
Code, relating to corruption and conflicts of interest.
* * * * * * *
[all]