#aadth ,,congress #ast ,session ,s4 #afbi ,,an ,,act ,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 #bjae4 #b4 ,authorities of ,district of ,columbia ,courts 7a7 ,authorization ,to ,collect ,debts and ,erroneous ,payments ,from ,employees 7#a7 ,in general ,subchapter ,,ii of chapter #ag of title #aa1 ,district of ,columbia ,official ,code1 is amended by adding at the end the following3 #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 employee or former employee1 or any other debt1 the ,executive ,officer may collect the amount of the debt in accordance with this subsection4 7#b7 ,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 intervals1 by deduction in reasonable amounts from the current pay of the employee4 7#c7 ,source of deductions ,the ,executive ,officer may make a deduction under paragraph 7#b7 from any wages1 salary1 compensation1 remuneration for services1 or other authorized pay1 including incentive pay1 back pay1 and lump sum leave payments1 but not including retirement pay4 7#d7 ,limit on amount ,in making deductions under paragraph 7#b7 with respect to an employee1 the ,executive ,officer-- 7,a7 except as provided in subparagraph 7,b71 may not deduct more than #bj percent of the disposable pay of the employee for any period2 and 7,b7 upon consent of the employee1 may deduct more than #bj percent of the disposable pay of the employee for any period4 7#e7 ,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 subsection1 deductions may be made-- 7,a7 from later non-periodic government payments of any nature due the former employee1 except retirement pay2 and 7,b7 without regard to the limit under paragraph 7#d77;,a74 7b7 ,notice and hearing required 7#a7 ,in general ,except as provided in paragraph 7#c71 prior to initiating any proceeding under subsection 7a7 to collect any debt from an individual1 the ,executive ,officer shall provide the individual with-- 7,a7 written notice1 not later than #cj days before the date on which the ,executive ,officer initiates the proceeding1 that informs the individual of-- 7i7 the nature and amount of the debt determined by the ,district of ,columbia ,courts to be due2 7ii7 the intention of the ,courts to initiate a proceeding to collect the debt through deductions from pay2 and 7iii7 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-- 7i7 concerning the existence or amount of the debt2 and 7ii7 in the case of an individual whose repayment schedule is established other than by a written agreement under subparagraph 7,c71 concerning the terms of the repayment schedule4 7#b7 ,procedures for hearings 7,a7 ,availability of hearing upon request ,except as provided in paragraph 7#c71 the ,executive ,officer shall provide a hearing under this paragraph if an individual1 not later than #ae days after the date on which the individual receives a notice under paragraph 7#a77;,a71 and in accordance with any procedures that the ,executive ,officer prescribes1 files a petition requesting the hearing4 7,b7 ,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-- 7i7 turns on an issue of credibility or veracity2 or 7ii7 cannot be resolved by a review of the documentary evidence4 7,c7 ,stay of collection proceedings ,the timely filing of a petition for a hearing under subparagraph 7,a7 shall stay the commencement of collection proceedings under this section4 7,d7 ,independent officer ,an independent hearing officer appointed in accordance with regulations promulgated under subsection 7e7 shall conduct a hearing under this paragraph4 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 and not later than #fj days after the date of the hearing4 7#c7 ,exception ,paragraphs 7#a7 and 7#b7 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 #d pay periods preceding the adjustment or to any adjustment that amounts to not more than #ej1 if at the time of the adjustment1 or as soon thereafter as practical1 the ,executive ,officer provides the individual-- 7,a7 written notice of the nature and amount of the adjustment2 and 7,b7 a point of contact for contesting the adjustment4 7c7 ,compromise 7#a7 ,authority to compromise claims ,the ,executive ,officer may-- 7,a7 compromise a claim to collect a debt under this section if the amount involved is not more than #ajj1jjj2 and 7,b7 suspend or end collection action on a claim described in subparagraph 7,a7 if the ,executive ,officer determines that-- 7i7 no person liable on the claim has the present or prospective ability to pay a significant amount of the claim2 or 7ii7 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 shall be final and conclusive unless obtained by fraud1 misrepresentation1 presenting a false claim1 or mutual mistake of fact4 7#c7 ,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 subsection4 7d7 ,waiver of claim 7#a7 ,authority to waive claims ,upon application from a person liable on a claim to collect a debt 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 ,district of ,columbia ,courts4 7#b7 ,limitations on authority ,the ,executive ,officer may not waive a claim under this subsection if the ,executive ,officer-- 7,a7 determines that there exists1 in connection with the claim1 an indication of fraud1 misrepresentation1 fault1 or lack of good faith on the part of the employee1 the former employee1 or any other person that has an interest in obtaining a waiver of the claim2 or 7,b7 receives the application for waiver later than #c years after the later of the date on which the erroneous payment was discovered or the date of enactment of this section1 unless 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 ,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 part1 the ,executive ,officer shall provide the employee or former employee a refund of the amount of the reimbursement upon application for the refund1 if the ,executive ,officer receives the application 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 ,district of ,columbia ,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 shall be a valid payment for all purposes4 7#g7 ,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 litigate1 settle1 compromise1 or waive any claim of the ,district of ,columbia4 7e7 ,regulations ,the authority of the ,executive ,officer under this section shall be subject to regulations promulgated by the ,joint ,committee4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,,ii of chapter #ag of title #aa1 ,district of ,columbia ,official ,code1 is amended by adding at the end the following3 #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 any erroneous payment made or debt incurred before1 on1 or after the date of 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 following3 ,in carrying out the authority under the preceding 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 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 #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 ,programmatic ,incentives 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 sanctions and incentives4 7b7 ,permanent ,authority ,to ,accept ,gifts ,section #aabcc7;b77#c77;,a7 of the ,national ,capital ,revitalization and ,self-,government ,improvement ,act of #aiig 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 the ,district of ,columbia ,court ,reform and ,criminal ,procedure ,act of #aigj 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 the ,district of ,columbia ,court ,reform and ,criminal ,procedure ,act of #aigj 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-bgd2 #aab ,stat4 #bdai74 ,passed the ,senate ,september #aj1 #bjae4,secretary