2000
<PRE>[DOCID: f:h4566enr.txt]
        H.R.4566

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    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 19
2000
97 is amended--
        (1) by redesignating subsection (b) as subsection (c);
        (2) by inserting after subsection (a) the following new 
    subsection:
    ``(b) 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 tit
2000
le 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 (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 (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 (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 (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) 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 
    (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 (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 (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 (
2000
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 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) 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) 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 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 la
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w 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.

    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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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