,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dahe ,,in ,,the ,,house ,,of ,,representatives ,march #aj1 #bjad ,ms4 ,norton introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,to revise certain authorities of the ,district of ,columbia courts1 the ,court ,services and ,offender ,supervision ,agency for the ,district of ,columbia1 and the ,public ,defender ,service for the ,district of ,columbia1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,district of ,columbia ,courts1 ,public ,defender ,service1 and ,court ,services and ,offender ,supervision ,agency ,act of #bjad4 #b4 ,authorities of ,district of ,columbia ,courts 7a7 ,authorization ,to ,collect ,debts and ,erroneous ,payments ,from ,employees 7#a7 ,in general ,chapter #ag of title #aa1 ,district of ,columbia ,official ,code1 is amended by adding at the end of subchapter ,,ii the following new section3 #aa-agcc4 ,collection1 compromise1 and waiver of employee debts and erroneous payments 7a7 ,collection of ,debts and ,erroneous ,payments ,made to ,employees 7#a7 ,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 employee1 or any other debt1 the ,executive ,officer may collect the amount of the indebtedness in accordance with this subsection4 7#b7 ,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 intervals1 by deduction in reasonable amounts from the current pay of the employee4 7#c7 ,source of deductions ,deductions described in paragraph 7#b7 may be made from any wages1 salary1 compensation1 remuneration for services1 or other authorized pay1 including but not limited to incentive pay1 back pay1 and lump sum leave payments1 but not including retirement pay4 7#d7 ,limit on amount ,the amount deducted with respect to an employee for any period may not exceed #bj percent of the employee's disposable pay1 except that a greater percentage may be deducted upon consent of the employee involved4 7#e7 ,collections after employment ,if an employee's employment ends before collection of the amount of the employee's indebtedness is completed1 deductions may be made from later non-periodic government payments of any nature due the former employee1 except retirement pay1 and such deductions may be made without regard to the limit under paragraph 7#d74 7b7 ,notice and ,hearing ,required 7#a7 ,in general ,except as provided in paragraph 7#c71 prior to initiating any proceedings under subsection 7a7 to collect any indebtedness of an individual1 the ,executive ,officer shall provide the individual with-- 7,a7 a minimum of #cj days written notice1 informing such individual of the nature and amount of the indebtedness determined by the ,district of ,columbia ,courts to be due1 the intention of the ,courts to initiate proceedings to collect the debt through deductions from pay1 and an explanation of the rights of the individual under this section2 7,b7 an opportunity to inspect and copy ,court records relating to the debt2 7,c7 an opportunity to enter into a written agreement with the ,courts1 under terms agreeable to the ,executive ,officer1 to establish a schedule for the repayment of the debt2 and 7,d7 an opportunity for a hearing in accordance with paragraph 7#b7 on the determination of the ,courts concerning the existence or the amount of the debt1 and in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to subparagraph 7,c71 concerning the terms of the repayment schedule4 7#b7 ,procedures for hearings 7,a7 ,availability of hearing upon request ,a hearing under this paragraph shall be provided if the individual1 on or before the fifteenth day following receipt of the notice described in paragraph 7#a77;,a71 and in accordance with such procedures as the ,executive ,officer may prescribe1 files a petition requesting such a hearing4 7,b7 ,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 evidence1 the hearing shall be on the written submissions4 7,c7 ,stay of collection proceedings ,the timely filing of a petition for hearing shall stay the commencement of collection proceedings4 7,d7 ,independent officer ,a hearing under this paragraph shall be conducted by an independent hearing officer appointed in accordance with regulations promulgated under subsection 7e74 7,e7 ,deadline for decision ,the hearing officer shall issue a final decision regarding the questions covered by the hearing at the earliest practicable date1 but not later than #fj days after the hearing4 7#c7 ,exception ,paragraphs 7#a7 and 7#b7 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 #d pay periods preceding the adjustment and to any adjustment that amounts to #ej or less1 if at the time of such adjustment1 or as soon thereafter as practical1 the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment4 7c7 ,compromise 7#a7 ,authority to compromise claims ,the ,executive ,officer may-- 7,a7 compromise a claim to collect an indebtedness under this section if the amount involved is not more than #ajj1jjj2 and 7,b7 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 recovered4 7#b7 ,effect of compromise ,a compromise under this subsection is final and conclusive unless gotten by fraud1 misrepresentation1 presenting a false claim1 or mutual mistake of fact4 7#c7 ,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 subsection4 7d7 ,waiver of ,claim 7#a7 ,authority to waive claims ,upon application from a person liable on a claim to collect an indebtedness under this section1 the ,executive ,officer may1 with written justification1 waive the claim if collection would be-- 7,a7 against equity2 7,b7 against good conscience2 and 7,c7 not in the best interests of the ,courts4 7#b7 ,limitations on authority ,the ,executive ,officer may not exercise the authority under this subsection to waive a claim if-- 7,a7 in the ,executive ,officer's opinion1 there exists1 in connection with the claim1 an indication of fraud1 misrepresentation1 fault1 or lack of good faith on the part of the employee1 former employee1 or any other person having an interest in obtaining a waiver of the claim2 or 7,b7 the application for waiver is received in the ,executive ,officer's office after the expiration of #c years immediately following the date on which the erroneous payment was discovered or #c years after the date of the enactment of this section1 whichever is later1 except if the claim involves money owed for ,federal health benefits1 ,federal life insurance1 or ,federal retirement benefits4 7#c7 ,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 government4 7#d7 ,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 part1 and a waiver of the claim is then granted1 the employee or former employee shall be entitled to a refund of the amount of the reimbursement upon application for that refund1 so long as the application is received not later than #b years after the effective date of the waiver4 7#e7 ,effect on accounts of ,courts ,in the audit and settlement of accounts of any accountable official1 full credit shall be given for any amounts with respect to which collection by the ,courts is waived under this subsection4 7#f7 ,validity of payments ,an erroneous payment or debt1 the collection of which is waived under this subsection1 is a valid payment for all purposes4 7#g7 ,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 litigate1 settle1 compromise1 or waive any claim of the ,district of ,columbia4 7e7 ,regulations ,the ,executive ,officer's authority under this section shall be subject to regulations promulgated by the ,joint ,committee on ,judicial ,administration4 4 7#b7 ,clerical amendment ,the table of contents of chapter #ag of title #aa1 ,district of ,columbia ,official ,code1 is amended by adding at the end of the items relating to subchapter ,,ii the following new item3 #aa-agcc4 ,collection1 compromise1 and waiver of employee debts and erroneous payments4 4 7#c7 ,effective date ,the amendments made by this subsection shall apply with respect to erroneous payments made and debts incurred before1 on1 or after the date of the enactment of this ,act4 7b7 ,authorization ,to ,purchase ,uniforms for ,personnel ,section #aa-agdb7;b71 ,district of ,columbia ,official ,code1 is amended by adding at the end the following new sentence3 ,under the authority of the previous sentence1 the ,executive ,officer may purchase uniforms to be worn by nonjudicial employees of the ,district of ,columbia ,courts whose responsibilities warrant the wearing of uniforms1 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 #eija7;a77#a7 of title #e1 ,united ,states ,code 7relating to the uniform allowance for employees of the ,government of the ,united ,states744 #c4 ,authorities of ,court ,services and ,offender ,supervision ,agency 7a7 ,authority ,to ,develop and ,operate ,incentive ,programs for ,sentenced ,offenders ,section #aabcc7;b77#b77;,f7 of the ,national ,capital ,revitalization and ,self-,government ,improvement ,act of #aiig 7sec4 #bd-acc7;b77#b77;,f71 ,d4,c4 ,official ,code7 is amended by striking sanctions and inserting sanction and incentive4 7b7 ,permanent ,authority ,to ,accept ,gifts ,section #aabcc7;b77#c77;,a7 of such ,act 7sec4 #bd-acc7;b77#c77;,a71 ,d4,c4 ,official ,code7 is amended to read as follows3 7,a7 ,authority to accept gifts ,the ,director may accept1 solicit1 and use on behalf of the ,agency any monetary or nonmonetary gift1 donation1 bequest1 or use of facilities1 property1 or services for the purpose of aiding or facilitating the work of the ,agency4 4 7c7 ,permanent ,authority ,to ,accept and ,use ,reimbursements ,from ,district ,government ,section #aabcc7;b77#d7 of such ,act 7sec4 #bd-acc7;b77#d77 is amended by striking ,during fiscal years #bjjf through #bjjh1 the ,director and inserting ,the ,director4 #d4 ,authorities of ,public ,defender ,service 7a7 ,acceptance and ,use of ,services of ,volunteers ,section #cjg7;b7 of such ,act 7sec4 #b-afjg7;b71 ,d4,c4 ,official ,code7 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 grants1 private contributions1 and voluntary and uncompensated 7gratuitous7 services to assist it4 7b7 ,treatment of ,members of ,board of ,trustees as ,employees of ,service for ,purposes of ,liability 7#a7 ,in general ,section #cjc7;d7 of such ,act 7sec4 #b-afjc7;d71 ,d4,c4 ,official ,code7 is amended by striking employees of the ,district of ,columbia and inserting employees of the ,service4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect as if included in the enactment of the ,district of ,columbia ,courts and ,justice ,technical ,corrections ,act of #aiih 7,public ,law #aje-bgd74