Page:United States Statutes at Large Volume 111 Part 1.djvu/771

 PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 747 provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of Chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. Upon request of the Trustee, the head of any Federal department or agency may, on a reimbursable or non-reimbursable basis, provide services and/or detail any personnel of that department or agency to the Trusteeship to assist in carrying out its duties. (d) PROCUREMENT AND JUDICIAL REVIEW.— The provisions of the District of Columbia Code governing procurement shall not apply to the Trustee. The Trustee may enter into such contracts as the Trustee considers appropriate to carry out the Trustee's duties. The Trustee may seek judicial enforcement of the Trustee's authority to carry out the Trustee's duties. (e) PRESERVATION OF RETIREMENT AND CERTAIN OTHER RIGHTS OF FEDERAL EMPLOYEE WHO BECOMES THE TRUSTEE OR FEDERAL EMPLOYEES WHO BECOME EMPLOYED BY THE TRUSTEE. — (1) IN GENERAL.— A Federal employee who, within 3 days after separating from the Federal Government, is appointed Trustee or becomes employed by the Trustee— (A) shall be treated as an employee of the Federal Government for purposes of chapters 83, 84, 87, and 89 of title 5 of the United States Code; and (B) if, after serving with the Trustee, such employee becomes reemployed by the Federal Government, shall be entitled to credit for the full period of such individual's service with the Trustee, for purposes of determining the applicable leave accrual rate. (2) REGULATIONS. — The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this subsection. (f) FUNDING. —Funds available for operations of the Trustee shall be made available to the extent provided in appropriations acts to the Trustee, through the State Justice Institute. Funding requests shall be proposed by the Trustee to the President and Congress for each Fiscal Year. (g) LIABILITY AND LITIGATION AUTHORITY.— (1) LIABILITY. — The District of Columbia shall defend any civil action or proceeding brought in any court or other official Federal, state, or municipal forum against the Trustee, or against the District of Columbia or its officers, employees, or agents, and shall assume any liability resulting from such an action or proceeding, if the action or proceeding arises from the— (A) supervision of offenders on probation, parole, or supervised release; (B) provision of pretrial services by the District of Columbia; or (C) activities of the District of Columbia Board of Parole. (2) LITIGATION.— (A) CORPORATION COUNSEL.— Subject to subparagraph (B), the Corporation Counsel of the District of Columbia shall provide litigation services to the Trustee, except that the Trustee may instead elect, either generally or in relation to particular cases or classes of cases, to hire necessary

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