[114th Congress Public Law 118]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 9]]
Public Law 114-118
114th Congress
An Act
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. <<NOTE: Jan. 28, 2016 - [S. 1629]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: District of
Columbia Courts, Public Defender Service, and Court Services and
Offender Supervision Agency Act of 2015.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Courts, Public
Defender Service, and Court Services and Offender Supervision Agency Act
of 2015''.
SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS.
(a) Authorization To Collect Debts and Erroneous Payments From
Employees.--
(1) In general.--Subchapter II of chapter 17 of title 11,
District of Columbia Official Code, is amended by adding at the
end the following:
``Sec. 11-1733. Collection, compromise, and waiver of employee
debts and erroneous payments
``(a) Collection of Debts and Erroneous Payments Made to
Employees.--
``(1) Authority to collect.--If the Executive Officer
determines that an employee or former employee of the District
of Columbia Courts is indebted to the District of Columbia
Courts because of an erroneous payment made to or on behalf of
the employee or former employee, or any other debt, the
Executive Officer may collect the amount of the debt in
accordance with this subsection.
``(2) Timing of collection.--The Executive Officer may
collect a debt from an employee under this subsection in monthly
installments or at officially established regular pay period
intervals, by deduction in reasonable amounts from the current
pay of the employee.
``(3) Source of deductions.--The Executive Officer may make
a deduction under paragraph (2) from any wages, salary,
compensation, remuneration for services, or other authorized
pay, including incentive pay, back pay, and lump sum leave
payments, but not including retirement pay.
``(4) Limit on amount.--In making deductions under paragraph
(2) with respect to an employee, the Executive Officer--
``(A) except as provided in subparagraph (B), may
not deduct more than 20 percent of the disposable pay of
the employee for any period; and
[[Page 130 STAT. 10]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
[[Page 130 STAT. 11]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: Notice.>> 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.
[[Page 130 STAT. 12]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> Refund of amounts already
collected against claim subsequently waived.--If the Executive
Officer waives a claim against an employee or former employee
under this section after the District of Columbia Courts have
been reimbursed for the claim in whole or in part, the Executive
Officer shall provide the employee or former employee a refund
of the amount of the reimbursement upon application for the
refund, if the Executive Officer receives the application not
later than 2 years after the effective date of the waiver.
``(5) Effect on accounts of courts.--In the audit and
settlement of accounts of any accountable official, full credit
shall be given for any amounts with respect to which collection
by the District of Columbia Courts is waived under this
subsection.
``(6) Validity of payments.--An erroneous payment or debt,
the collection of which is waived under this subsection, shall
be a valid payment for all purposes.
``(7) No effect on other authorities.--Nothing in this
subsection shall be construed to affect the authority of the
District of Columbia under any other statute to litigate,
settle, compromise, or waive any claim of the District of
Columbia.
``(e) Regulations.--The authority of the Executive Officer under
this section shall be subject to regulations promulgated by the Joint
Committee.''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 17 of title 11, District of Columbia
Official Code, is amended by adding at the end the following:
``11-1733. Collection, compromise, and waiver of employee debts and
erroneous payments.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to any erroneous payment made or debt
incurred before, on, or after the date of enactment of this Act.
(b) Authorization To Purchase Uniforms for Personnel.--Section 11-
1742(b), District of Columbia Official Code, is amended by adding at the
end the following: ``In carrying out the authority under the preceding
sentence, the Executive Officer may purchase uniforms to be worn by
nonjudicial employees of the District of
[[Page 130 STAT. 13]]
Columbia Courts whose responsibilities warrant the wearing of uniforms
if the cost of furnishing a uniform to an employee during a year does
not exceed the amount applicable for the year under section 5901(a)(1)
of title 5, United States Code (relating to the uniform allowance for
employees of the Government of the United States).''.
SEC. 3. AUTHORITIES OF COURT SERVICES AND OFFENDER SUPERVISION
AGENCY.
(a) Authority To Develop and Operate Programmatic Incentives for
Sentenced Offenders.--Section 11233(b)(2)(F) of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (sec. 24-
133(b)(2)(F), D.C. Official Code) is amended by striking ``sanctions''
and inserting ``sanctions and incentives''.
(b) Permanent Authority To Accept Gifts.--Section 11233(b)(3)(A) of
the National Capital Revitalization and Self-Government Improvement Act
of 1997 (sec. 24-133(b)(3)(A), D.C. Official Code) is amended to read as
follows:
``(A) Authority to accept gifts.--The Director may
accept, solicit, and use on behalf of the Agency any
monetary or nonmonetary gift, donation, bequest, or use
of facilities, property, or services for the purpose of
aiding or facilitating the work of the Agency.''.
(c) Permanent Authority To Accept and Use Reimbursements From
District Government.--Section 11233(b)(4) of such Act (sec. 24-
133(b)(4)) is amended by striking ``During fiscal years 2006 through
2008, the Director'' and inserting ``The Director''.
SEC. 4. AUTHORITIES OF PUBLIC DEFENDER SERVICE.
(a) Acceptance and Use of Services of Volunteers.--Section 307(b) of
the District of Columbia Court Reform and Criminal Procedure Act of 1970
(sec. 2-1607(b), D.C. Official Code) is amended by striking ``the
Service may accept public grants and private contributions made to
assist it'' and inserting ``the Service may accept and use public
grants, private contributions, and voluntary and uncompensated
(gratuitous) services to assist it''.
(b) Treatment of Members of Board of Trustees as Employees of
Service for Purposes of Liability.--
(1) In general.--Section 303(d) of the District of Columbia
Court Reform and Criminal Procedure Act of 1970 (sec. 2-1603(d),
D.C. Official Code) is amended by striking ``employees of the
District of Columbia'' and inserting ``employees of the
Service''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the enactment of the
[[Page 130 STAT. 14]]
District of Columbia Courts and Justice Technical Corrections
Act of 1998 (Public Law 105-274; 112 Stat. 2419).
Approved January 28, 2016.
LEGISLATIVE HISTORY--S. 1629:
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HOUSE REPORTS: No. 114-368 (Comm. on Oversight and Government Reform).
SENATE REPORTS: No. 114-110 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 161 (2015):
Sept. 10, considered and passed
Senate.
Vol. 162 (2016):
Jan. 11, considered and passed
House.
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