[105th Congress Public Law 274]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ274.105]
Public Law 105-274
105th Congress
An Act
To make technical corrections to the National Capital Revitalization and
Self-Government Improvement Act of 1997 with respect to the courts and
court system of the District of Columbia. <<NOTE: Oct. 21, 1998 - [H.R.
4566]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: District of
Columbia Courts and Justice Technical Corrections Act of 1998.>>
SECTION 1. SHORT TITLE. <<NOTE: 5 USC 8401 note.>>
This Act may be cited as the ``District of Columbia Courts and
Justice Technical Corrections Act of 1998''.
SEC. 2. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO JUDICIAL
RETIREMENT PROGRAM.
(a) Administration of Judicial Retirement and Survivors Annuity
Fund.--Section 11-1570, District of Columbia Code, as amended by section
11251 of the Balanced Budget Act of 1997, is amended as follows:
(1) In subsection (b)(1)--
(A) by striking ``title I of the National Capital
Revitalization and Self-Government Improvement Act of
1997'' and inserting ``subtitle A of title XI of the
Balanced Budget Act of 1997''; and
(B) by inserting after the second sentence the
following new sentences: ``Notwithstanding any other
provision of District law or any other law, rule, or
regulation, any Trustee, contractor, or enrolled actuary
selected by the Secretary under this subsection may,
with the approval of the Secretary, enter into one or
more subcontracts with the District of Columbia
government or any person to provide services to such
Trustee, contractor, or enrolled actuary in connection
with its performance of its agreement with the
Secretary. Such Trustee, contractor, or enrolled actuary
shall monitor the performance of any subcontract to
which it is a party and enforce its provisions.''.
(2) In subsection (b)(2)--
(A) by striking ``chief judges of the District of
Columbia Court of Appeals and Superior Court of the
District of Columbia'' and inserting ``Secretary'';
(B) by striking ``and the Secretary'';
(C) by striking ``and appropriations''; and
(D) by striking ``and deficiency''.
(3) By amending subsection (c) to read as follows:
``(c)(1) Amounts in the Fund are available--
``(A) for the payment of judges retirement pay, annuities,
refunds, and allowances under this subchapter;
``(B) to cover the reasonable and necessary expenses of
administering the Fund under any agreement entered into with a
Trustee, contractor, or enrolled actuary under subsection
(b)(1), including any agreement with a department, agency, or
instrumentality of the United States; and
``(C) to cover the reasonable and necessary administrative
expenses incurred by the Secretary in carrying out the
Secretary's responsibilities under this subchapter.
``(2) Notwithstanding any other provision of District law or any
other law (other than the Internal Revenue Code of 1986), rule, or
regulation--
``(A) the Secretary may review benefit determinations under
this subchapter made prior to the date of the enactment of the
Balanced Budget Act of 1997, and shall make initial benefit
determinations after such date; and
``(B) the Secretary may recoup or recover, or waive
recoupment or recovery of, any amounts paid under this
subchapter as a result of errors or omissions by any person.''.
(4) In subsection (d)(1)--
(A) by striking ``Subject to the availability of
appropriations, there shall be deposited into the Fund''
and inserting ``The Secretary shall pay into the Fund
from the General Fund of the Treasury''; and
(B) by striking ``(beginning with the first fiscal
year which ends more than 6 months after the replacement
plan adoption date described in section 103(13) of the
National Capital Revitalization and Self-Government
Improvement Act of 1997)''.
(5) In subsection (d)(2)(A)--
(A) by striking ``June 30, 1997'' and inserting
``September 30, 1997''; and
(B) by striking ``net the sum of future normal
cost'' and inserting ``net of the sum of the present
value of future normal costs''.
(6) In subsection (d)(3), by striking ``shall be taken from
sums available for that fiscal year for the payment of the
expenses of the Court, and''.
(7) By adding at the end the following new subsections:
``(h) For purposes of the Employee Retirement Income Security Act of
1974, the benefits provided by the Fund shall be treated as benefits
provided under a governmental plan maintained by the District of
Columbia.
``(i) Federal obligations for benefits under this subchapter are
backed by the full faith and credit of the United States.''.
(b) Regulatory Authority of Secretary.--Section 11251 of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 756) is
amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new
subsection:
``(b) Regulations; Effect on Reform Act.--Title 11, District of
Columbia Code, is amended by adding the following new section:
`Sec. 11-1572. Regulations; effect on Reform Act.
`(a) The Secretary is authorized to issue regulations to implement,
interpret, administer, and carry out the purposes of this subchapter,
and, in the Secretary's discretion, those regulations may have
retroactive effect, except that nothing in this subsection may be
construed to permit the Secretary to issue any regulation to
retroactively reduce or eliminate the benefits to which any individual
is entitled under this subchapter.
`(b) This subchapter supersedes any provision of the District of
Columbia Retirement Reform Act (Public Law 96-122) inconsistent with
this subchapter and the regulations thereunder.'.''; and
(3) by amending subsection (c) (as so redesignated) to read
as follows:
``(c) Clerical Amendments.--
``(1) The table of sections for subchapter III of chapter 15
of title 11, District of Columbia Code, is amended by amending
the item relating to section 11-1570 to read as follows:
`11-1570. The District of Columbia Judicial Retirement and Survivors
Annuity Fund.'.
``(2) The table of sections for subchapter III of chapter 15
of title 11, District of Columbia Code, is amended by adding at
the end the following new item:
`11-1572. Regulations; effect on Reform Act.'.''.
(c) Termination of Previous Fund and Program.--Section 124 of the
District of Columbia Retirement Reform Act (DC Code, sec. 1-714), as
amended by section 11252(a) of the Balanced Budget Act of 1997, is
amended--
(1) in subsection (a), by inserting ``(except as provided in
section 11-1570, District of Columbia Code)'' after ``the
following'';
(2) in subsection (c)(1), by striking ``title I of the
National Capital Revitalization and Self-Government Improvement
Act of 1997'' and inserting ``subtitle A of title XI of the
Balanced Budget Act of 1997''; and
(3) in subsection (c)(2)--
(A) by striking ``(2) The'' and inserting ``(2) In
accordance with the direction of the Secretary, the'';
(B) by striking ``in the Treasury'' and inserting
``at the Board''; and
(C) by striking ``appropriated'' and inserting
``used''.
(d) Administration of Retirement Funds.--Section 11252 of the
Balanced Budget Act of 1997 is <<NOTE: 111 Srat. 758.>> amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new
subsection:
``(b) <<NOTE: Applicability.>> Transition from District of Columbia
Administration.--Sections 11023, 11032(b)(2), 11033(d), and 11041 shall
apply to the administration of the District of Columbia Judges
Retirement Fund established under section 124 of the District of
Columbia Retirement Reform Act (D.C. Code, sec. 1-714), the District of
Columbia Judicial Retirement and Survivors Annuity Fund established
under section 11-1570, District of Columbia Code, and the retirement
program for judges under subchapter III of chapter 15 of title 11,
District of Columbia Code, except as follows:
``(1) In applying each such section--
``(A) any reference to this subtitle shall instead
refer to subchapter III of chapter 15 of title 11,
District of Columbia Code;
``(B) any reference to the District Retirement
Program shall be deemed to include the retirement
program for judges under subchapter III of chapter 15 of
title 11,
District of Columbia Code;
``(C) any reference to the District Retirement Fund
shall be deemed to include the District of Columbia
Judges Retirement Fund established under section 124 of
the
District of Columbia Retirement Reform Act;
``(D) any reference to Federal benefit payments
shall be deemed to include judges retirement pay,
annuities, refunds, and allowances under subchapter III
of chapter 15 of title 11, District of Columbia Code;
``(E) any reference to the Trust Fund shall instead
refer to the District of Columbia Judicial Retirement
and Survivors Annuity Fund established under section 11-
1570, District of Columbia Code;
``(F) any reference to section 11033 shall instead
refer to section 124 of the District of Columbia
Retirement Reform Act, as amended by section 11252; and
``(G) any reference to chapter 2 shall instead refer
to section 11-1570, District of Columbia Code.
``(2) In applying section 11023--
``(A) any reference to the contract shall instead
refer to the agreement referred to in section 11-
1570(b), District of Columbia Code; and
``(B) any reference to the Trustee shall instead
refer to the Trustee or contractor referred to in
section 11-1570(b), District of Columbia Code.
``(3) In applying section 11033(d)--
``(A) any reference to this section shall instead
refer to section 124 of the District of Columbia
Retirement Reform Act, as amended by section 11252; and
``(B) any reference to the Trustee shall instead
refer to the Secretary or the Trustee or contractor
referred to in section 11-1570(b), District of Columbia
Code.
``(4) In applying section 11041(b), any reference to the
Trustee shall instead refer to the Trustee or contractor
referred to in section 11-1570(b), District of Columbia Code.'';
and
(3) by adding at the end the following new subsection:
``(d) Effective Date.--The provisions of subsection (c) shall take
effect on the date on which the assets of the District of Columbia
Judges Retirement Fund are transferred to the District of Columbia
Judicial Retirement and Survivors Annuity Fund.''.
(e) Miscellaneous Technical and Clerical Amendments.--(1) Sections
11-1568(d) and 11-1569, District of Columbia Code, are each amended by
striking ``Mayor'' each place it appears and inserting ``Secretary of
the Treasury''.
(2) Section 11-1568.2, District of Columbia Code, is amended by
striking ``Mayor of the District of Columbia'' each place it appears and
inserting ``Secretary of the Treasury''.
(3) Section 121(b)(1)(A) of the District of Columbia Retirement
Reform Act (D.C. Code, sec. 1-711(b)(1)(A)), as amended by section
11252(c)(1) of the Balanced Budget Act of 1997 (as redesignated by
subsection (d)(1)), is amended in the matter preceding clause (i), by
striking ``11'' and inserting ``12''.
(4) Section 11-1561(4), District of Columbia Code, as amended by
section 11253(b) of the Balanced Budget Act of 1997, is amended by
striking ``sections'' and inserting ``section''.
(5) Section 11253(c) of the Balanced Budget Act of 1997 (Public Law
105-33; 111 Stat. 759) is amended to read as follows:
``(c) Treatment of Federal Service of Judges.--Section
11-1564, District of Columbia Code, is amended--
``(1) in subsection (d)(2)(A), by striking `section 1-1814)'
and inserting `section 1-714) or the District of Columbia
Judicial Retirement and Survivors Annuity Fund (established by
section 11-1570)'; and
``(2) in subsection (d)(4), by striking `Judges Retirement
Fund established by section 124(a) of the District of Columbia
Retirement Reform Act' and inserting `Judicial Retirement and
Survivors Annuity Fund under section 11-1570'.''.
(6) Section 11253 of the Balanced Budget Act of 1997 (Public Law
105-33; 111 Stat. 759) is amended by adding at the end the following new
subsection:
``(d) Redeposits to Fund.--Section 11-1568.1(4)(A), District of
Columbia Code, is amended by striking `Judges Retirement Fund' and
inserting `Judicial Retirement and Survivors Annuity Fund'.''.
(f ) Effective Date.--The amendments made by subsections (a)(2),
(a)(4), and (a)(6) shall take effect October 1, 1998.
SEC. 3. RETIREMENT ELECTION FOR CERTAIN FORMER EMPLOYEES OF THE DISTRICT
OF COLUMBIA.
(a) In General.--Notwithstanding any provision of the District of
Columbia Code, or of chapter 83 or chapter 84 of title 5, United States
Code, a former employee of the District of Columbia who is hired by the
Department of Justice, or by the agency established by section 11233(a)
of the Balanced Budget Act of 1997 (hereafter in this section referred
to as the ``Agency''), on or after August 5, 1997, may elect, within 60
days after the issuance of regulations pursuant to subsection (c), or
within 60 days of being hired, if later, to be covered by the retirement
system of the District of Columbia under which the person was most
recently covered. No election under this subsection may be made by a
person who is hired more than one year after the date on which the
Lorton Correctional Complex is closed, or more than one year after the
date on which the Agency assumes its duties, whichever is later.
(b) Period of Election.--The election authorized by subsection (a)
shall remain in force until the employee is no longer employed by the
agency in which he or she was employed at the time the election was
made.
(c) Regulations.--The election authorized by subsection (a) shall be
in accordance with regulations issued by the Office of Personnel
Management after consulting with the Department of Justice, the Agency,
and the government of the District of Columbia. The government of the
District of Columbia shall administer the retirement coverage for any
employee making such an election.
SEC. 4. LEAVE FOR CERTAIN FORMER EMPLOYEES OF THE DISTRICT OF COLUMBIA.
(a) In General.--Notwithstanding any provision of law, a former
employee of the District of Columbia who is hired by the Department of
Justice, or by the agency established by section 11233(a) of the
Balanced Budget Act of 1997 (hereafter in this section referred to as
the ``Agency''), on or after August 5, 1997, shall--
(1) in determining the rate of accrual of annual leave under
section 6303 of title 5, United States Code, be entitled to
credit for service as an employee of the District of Columbia;
(2) to the extent that the employee has not used or
otherwise been compensated for annual leave accrued as an
employee of the District of Columbia, have all such accrued
annual leave transferred, in accordance with the procedures
established under section 6308 of title 5, United States Code,
to the credit of the employee in the new employing agency; and
(3) to the extent the employee has not used or otherwise
been compensated for sick leave accrued as an employee of the
District of Columbia, have all such accrued sick leave
transferred, in accordance with the procedures established under
section 6308 of title 5, United States Code, to the credit of
the employee in the new employing agency.
(b) Termination.--Subsection (a) is not applicable to any former
employee of the District of Columbia who is hired by the Department of
Justice or the Agency more than one year after the date on which the
Lorton Correctional Complex is closed, or more than one year after the
date on which the Agency assumes its duties, whichever is later.
SEC. 5. CLARIFICATION OF PROVISIONS RELATING TO PRIORITY CONSIDERATION
FOR SEPARATED EMPLOYEES OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF CORRECTIONS.
(a) In General.--Section 11203(b) of the Balanced Budget Act of
1997 <<NOTE: 111 Srat. 738.>> (D.C. Code, sec. 24-1203(b)) is amended by
amending the second sentence to read as follows: ``The priority
consideration program shall also include provisions under which an
employee described in subsection (a) who has not been appointed to a
Federal Bureau of Prisons law enforcement position and who applies for
another Federal position in the competitive service shall receive
priority consideration and may be given a competitive service
appointment noncompetitively to such a competitive service position.''.
(b) Relocation Allowance.--Section 11203(b) of such Act (D.C. Code,
sec. 24-1203(b)) is amended by inserting after the second sentence the
following: ``The Director of the Bureau of Prisons may provide a
relocation allowance to any individual who is hired by the Director
under the program established under this section for a position outside
of the Washington Metropolitan Area.''.
(c) Effective Date; Treatment of Individuals Given
Priority Prior to Enactment.--(1) The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
(2) Individuals who have been appointed with excepted service
appointments under section 11203(b) of the Balanced Budget Act of 1997
prior to the date of the enactment of this Act shall be converted
noncompetitively to competitive service appointments in their current
positions.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO DISTRICT OF
COLUMBIA COURTS.
(a) Authority of Joint Committee on Judicial Administration to
Exclude Temporary Employees From FERS.--Section 8402(c) of title 5,
United States Code, is amended by adding at the end the following:
``(9) The Joint Committee on Judicial Administration in the District
of Columbia may exclude from the operation of this chapter an employee
of the District of Columbia Courts whose employment is temporary or of
uncertain duration.''.
(b) Repeal of Funding Through State Justice Institute.--
(1) Funding of courts.--Section 11241(a) of the Balanced
Budget Act of 1997 <<NOTE: 111 Stat. 751.>> (D.C. Code, sec. 11-
1743 note) and section 11-2608, District of Columbia Code (as
amended by section 11262(b) of the Balanced Budget Act of 1997)
are each amended by striking ``through the State Justice
Institute'' and inserting ``for payment to the Joint Committee
on Judicial Administration in the District of Columbia''.
(2) Funding of other agencies.--Section 11234 of such
Act <<NOTE: 111 Srat. 751.>> (D.C. Code, sec. 24-1234) is
amended by striking ``through the State Justice Institute''.
(c) Other Miscellaneous Technical and Conforming Amendments.--(1)
Section 11241(b) of the Balanced Budget Act of 1997 (D.C. Code, sec. 11-
1743 note) is amended by striking ``Superior Court for'' and inserting
``Superior Court of''.
(2)(A) Section 1 of the Act entitled ``An Act for the establishment
of a probation system for the District of Columbia'', approved June 25,
1910 (36 Stat. 864), as amended and reenacted by the Act entitled ``An
Act to amend and reenact an Act for the establishment of a probation
system for the District of Columbia'', approved March 4, 1919 (40 Stat.
1324-25; D.C. Code, sec. 24-101), is repealed.
(B) Section 5 of the Act entitled ``An Act for the establishment of
a probation system for the District of Columbia'', approved June 25,
1910 (36 Stat. 865), as amended and reenacted by the Act entitled ``An
Act to amend and reenact an Act for the establishment of a probation
system for the District of Columbia'', approved March 14, 1919 (40 Stat.
1324-25; D.C. Code, sec. 24-105), is repealed.
SEC. 7. DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE.
(a) Removing Service From Jurisdiction of Offender Supervision
Trustee and Agency.--
(1) Authority of trustee.--Section 11232(b)(2) of the
Balanced Budget Act of 1997 <<NOTE: 111 Stat. 746.>> (D.C. Code,
sec. 24-1232(b)(2)) is amended by striking ``, except that'' and
all that follows through ``Service''.
(2) Authority of agency.--Section 11233(e) <<NOTE: 111 Stat.
748.>> of such Act (D.C. Code, sec. 24-1233(e)) is amended as
follows:
(A) In the subsection heading strike ``and Public
Defender Service''.
(B) Amend paragraph (1) to read as follows:
``(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.''.
(C) Strike paragraph (3) and redesignate paragraphs
(4) and (5) as paragraphs (3) and (4).
(D) In paragraph (3) (as so redesignated)--
(i) strike ``, the District of Columbia Public
Defender Service,''; and
(ii) strike ``or the District of Columbia
Public Defender Service''.
(E) In paragraph (4)(A) (as so redesignated), strike
``and the District of Columbia Public Defender Service''
each place it appears.
(3) Authorization of appropriations.--Section 11234 of such
Act <<NOTE: 111 Stat. 751.>> (D.C. Code, sec. 24-1234) is
amended by striking paragraph (2) and redesignating the
succeeding paragraphs accordingly.
(4) Permitting trustee to exercise authorities on behalf of
service at request of director of the service.--Section 11232 of
such Act <<NOTE: 111 Stat. 746.>> (D.C. Code, sec. 24-1232) is
amended by adding at the end the following new subsection:
``(i) Exercise of Authority on Behalf of Public Defender Service.--
At the request of the Director of the District of Columbia Public
Defender Service, the Trustee may exercise any of the powers and
authorities of the Trustee on behalf of such Service in the same manner
and to the same extent as the Trustee may exercise such powers and
authorities in relation to any agency described in subsection (b).''.
(b) Revising Name of Trustee.--
(1) In general.--Section 11232 of the Balanced Budget Act of
1997 (D.C. Code, sec. 24-1233) is amended--
(A) in the heading, by striking ``DEFENSE
SERVICES,''; and
(B) in subsection (a)(1), by striking ``Defense
Services,''.
(2) Clerical amendment.--The table of contents for title XI
of the Balanced Budget Act of 1997 is amended in the item
relating to section 11232 by striking ``Defense Services,''.
(c) Revising Name of Agency.--
(1) In general.--Section 11233 of the Balanced Budget Act of
1997 <<NOTE: 111 Stat. 748.>> (D.C. Code, sec. 24-1233) is
amended--
(A) in the heading, by striking ``OFFENDER
SUPERVISION, DEFENDER AND COURTS SERVICES'' and
inserting ``COURT SERVICES AND OFFENDER SUPERVISION'';
and
(B) in subsection (a), by striking ``the District of
Columbia Offender Supervision, Defender, and Courts
Services Agency'' and inserting ``the Court Services and
Offender Supervision Agency for the District of
Columbia''.
(2) Conforming amendments.--(A) Section 11231 of the
Balanced Budget Act of 1997 <<NOTE: 111 Stat. 745.>> (D.C. Code,
sec. 24-1231) is amended by striking ``the District of Columbia
Offender Supervision, Defender, and Courts Services Agency''
each place it appears in subsections (a)(2), (a)(3), and (b) and
inserting ``the Court Services and Offender Supervision Agency
for the District of Columbia''.
(B) Section 11232 of such Act (D.C. Code, sec. 24-1232) is
amended by striking ``the District of Columbia Offender
Supervision, Defender, and Courts Services Agency'' each place
it appears in subsections (b) and (h) and inserting ``the Court
Services and Offender Supervision Agency for the District of
Columbia''.
(C) Section 23-1304(a), District of Columbia Code (as
amended by section 11271(a) of the Balanced Budget Act of 1997)
is amended by striking ``the District of Columbia Offender
Supervision, Defender, and Courts Services Agency'' and
inserting ``the Court Services and Offender Supervision Agency
for the District of Columbia''.
(D) Section 23-1307, District of Columbia Code (as
amended by section 11271(a) of the Balanced Budget Act of 1997)
is amended--
(i) by striking ``(a)''; and
(ii) by striking ``the District of Columbia Offender
Supervision, Defender, and Courts Services Agency'' and
inserting ``the Court Services and Offender Supervision
Agency for the District of Columbia''.
(E) Section 23-1308, District of Columbia Code (as amended
by section 11271(a) of the Balanced Budget Act of 1997) is
amended by striking ``the District of Columbia Offender
Supervision, Defender, and Courts Services Agency'' each place
it appears and inserting ``the Court Services and Offender
Supervision Agency for the District of Columbia''.
(3) Clerical amendment.--The table of contents for title XI
of the Balanced Budget Act of 1997 <<NOTE: 111 Stat. 714.>> is
amended in the item relating to section 11233 by striking
``Offender Supervision, Defender and Courts Services'' and
inserting ``Court Services and Offender Supervision''.
(d) Repeal of Certain Amendments Affecting Public Defender
Services.--Section 11272 of the Balanced Budget Act of 1997 (Public Law
105-33; 111 Stat. 762) is hereby repealed, and any provision of law
amended or repealed by such section shall be restored or revived as if
such section had not been enacted into law.
(e) Transfer of Employees of Service to Federal Retirement and
Benefit Programs.--
(1) In general.--Section 305 of the District of Columbia
Court Reform and Criminal Procedure Act of 1970 (D.C. Code, sec.
1-2705) is amended by inserting at the end the following:
``(c)(1) Employees of the Service shall be treated as employees of
the Federal Government solely for purposes of any of the following
provisions of title 5, United States Code: subchapter 1 of chapter 81
(relating to compensation for work injuries), chapter 83 (relating to
retirement), chapter 84 (relating to Federal Employees' Retirement
System), chapter 87 (relating to life insurance), and chapter 89
(relating to health insurance).
``(2) The Service shall make contributions under the provisions
referred to in paragraph (1) at the same rates applicable to agencies of
the Federal Government.
``(3) An individual who is an employee of the Service on the date of
the enactment of this subsection may make, within 60 days after the
issuance of regulations under paragraph (4), an election under section
8351 or 8432 of title 5, United States Code, to participate in the
Thrift Savings Plan for Federal employees.
``(4) <<NOTE: Applicability. Regulations.>> This subsection shall
apply with respect to all months beginning after the date on which the
Director of the Office of Personnel Management issues regulations to
carry out this subsection.
``(5) For purposes of vesting pursuant to section 2610(b) of the
District of Columbia Government Comprehensive Merit Personnel Act of
1978 (D.C. Code, sec. 1-627.10(b)), creditable service with the District
for employees whose participation in the District Defined Contribution
Plan ceases as a result of implementation of this subsection shall
include service performed thereafter for the Service.''.
(2) Conforming amendments.--(A) Section 306 of the
District of Columbia Court Reform and Criminal Procedure Act of
1970 (D.C. Code, sec. 1-2706) is amended--
(i) in subsection (a), by striking ``Mayor of the
District of Columbia'' and inserting ``Office of
Management and Budget''; and
(ii) in subsection (b), by striking ``Administrative
Office of the United States Courts'' and inserting
``Office of Management and Budget''.
(B) Section 307(a) of the District of Columbia Court Reform
and Criminal Procedure Act of 1970 (D.C. Code, sec. 1-2707(a))
is amended to read as follows:
``(a) <<NOTE: Appropriation authorization.>> There are authorized to
be appropriated through the Court Services and Offender Supervision
Agency for the District of Columbia (or, until such Agency assumes its
duties pursuant to section 11233(a) of the Balanced Budget Act of 1997,
through the Trustee appointed pursuant to section 11232 of such Act) in
each fiscal year such sums as may be necessary to carry out this
chapter. Funds appropriated pursuant to this subsection shall be
transmitted by the Agency (or, if applicable, by the Trustee) to the
Service. 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.''.
(C) Section 11233 of the Balanced Budget Act of <<NOTE: 111
Stat. 748.>> 1997 (D.C. Code, sec. 24-1233) is amended by adding
at the end the following new subsection:
``(f ) Receipt and Transmittal of Appropriations for Public Defender
Service.--The Director of the Agency shall receive and transmit to the
District of Columbia Public Defender Service all funds appropriated for
such agency.''.
(f ) Exemption of Service From Personnel and Budget
Ceilings.--Section 307 of the District of Columbia Court Reform and
Criminal Procedure Act of 1970 (D.C. Code, sec. 1-2707) is amended by
adding at the end the following new subsection:
``(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.''.
SEC. 8. SICK LEAVE BUYOUT FOR DEPARTMENT OF CORRECTIONS EMPLOYEES.
Notwithstanding any provision of District of Columbia law, the
Corrections Trustee appointed pursuant to section 11202 of the Balanced
Budget Act of 1997 may set conditions and may provide that an employee
of the District of Columbia Department of Corrections who meets such
conditions will receive a lump-sum payment for his or her accumulated
and accrued sick leave, if the employee is separated involuntarily and
is not subsequently employed, without a break in service of more than 3
days, by the Bureau of Prisons or another Federal agency. The lump-sum
payment for sick leave shall be calculated by multiplying 50 percent of
the employee's rate of basic pay, exclusive of additional payments of
any kind, by the number of hours of accumulated sick leave to the
employee's credit at the time of separation. The lump-sum payment shall
be considered pay for taxation purposes only and shall not be used to
confer any other benefit to the employee.
SEC. 9. WAIVER OF MAXIMUM ENTRY AGE REQUIREMENT FOR LAW ENFORCEMENT
OFFICER POSITIONS IN THE DEPARTMENT OF JUSTICE.
(a) In General.--Notwithstanding any maximum entry age which the
Attorney General may have established for law enforcement officers in
the Department of Justice under section 3307 of title 5, United States
Code, an employee of the District of Columbia Department of Corrections
may be hired by the Department of Justice pursuant to section 11203(b)
of the Balanced Budget Act of 1997 in a law enforcement officer position
if such employee will have completed at least 10 years of covered
service when the employee attains the minimum retirement age described
in section 8412(g) of title 5, United States Code.
(b) Separation.--Notwithstanding section 8425(b) of title 5, United
States Code, any employee hired by the Department of Justice in a law
enforcement position who is described in subsection (a) shall be
separated from service with the Department on the last day of the month
in which such employee becomes 57 years of age, except that if the
Attorney General judges that the public interest so requires, the
Attorney General may exempt such an employee from automatic separation
under this subsection until that employee becomes 60 years of age.
SEC. 10. EFFECTIVE DATE. <<NOTE: 5 USC 8402 note.>>
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall take effect as if included in the
enactment of title XI of the Balanced Budget Act of 1997.
Approved October 21, 1998.
LEGISLATIVE HISTORY--H.R. 4566:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 10, considered and passed House.
Oct. 14, considered and passed Senate.
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