PUBLIC LAW 106–518—NOV. 13, 2000

FEDERAL COURTS IMPROVEMENT ACT 2000

114 STAT. 2410 PUBLIC LAW 106–518—NOV. 13, 2000

Public Law 106–518

106th Congress

An Act

To make improvements in the operation and administration of the Federal courts,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Federal Courts

Improvement Act of 2000’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title and table of contents.

TITLE I—JUDICIAL FINANCIAL ADMINISTRATION

Sec. 101. Extension of Judiciary Information Technology Fund.

Sec. 102. Disposition of miscellaneous fees.

Sec. 103. Increase in chapter 9 bankruptcy filing fee.

Sec. 104. Increase in fee for converting a chapter 7 or chapter 13 bankruptcy case

to a chapter 11 bankruptcy case.

Sec. 105. Bankruptcy fees.

TITLE II—JUDICIAL PROCESS IMPROVEMENTS

Sec. 201. Extension of statutory authority for magistrate judge positions to be established in the district courts of Guam and the Northern Mariana Islands.

Sec. 202. Magistrate judge contempt authority.

Sec. 203. Consent to magistrate judge authority in petty offense cases and magistrate judge authority in misdemeanor cases involving juvenile defendants.

Sec. 204. Savings and loan data reporting requirements.

Sec. 205. Membership in circuit judicial councils.

Sec. 206. Sunset of civil justice expense and delay reduction plans.

Sec. 207. Repeal of Court of Federal Claims filing fee.

Sec. 208. Technical bankruptcy correction.

Sec. 209. Technical amendment relating to the treatment of certain bankruptcy

fees collected.

Sec. 210. Maximum amounts of compensation for attorneys.

Sec. 211. Reimbursement of expenses in defense of certain malpractice actions.

TITLE III—JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND

PROTECTIONS

Sec. 301. Judicial administrative officials retirement matters.

Sec. 302. Applicability of leave provisions to employees of the Sentencing Commission.

Sec. 303. Payments to military survivors benefits plan.

Sec. 304. Creation of certifying officers in the judicial branch.

Sec. 305. Amendment to the jury selection process.

Sec. 306. Authorization of a circuit executive for the Federal circuit.

Sec. 307. Residence of retired judges.

Sec. 308. Recall of judges on disability status.

Sec. 309. Personnel application and insurance programs relating to judges of the

Court of Federal Claims.

28 USC 1 note.

Federal Courts

Improvement Act

of 2000.

Nov. 13, 2000

[S. 2915]

PUBLIC LAW 106–518—NOV. 13, 2000 114 STAT. 2411

Sec. 310. Lump-sum payment for accumulated and accrued leave on separation.

Sec. 311. Employment of personal assistants for handicapped employees.

Sec. 312. Mandatory retirement age for Director of the Federal Judicial Center.

Sec. 313. Reauthorization of certain Supreme Court Police authority.

TITLE IV—FEDERAL PUBLIC DEFENDERS

Sec. 401. Tort Claims Act amendment relating to liability of Federal public defenders.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Extensions relating to bankruptcy administrator program.

Sec. 502. Additional place of holding court in the district of Oregon.

TITLE I—JUDICIAL FINANCIAL

ADMINISTRATION

SEC. 101. EXTENSION OF JUDICIARY INFORMATION TECHNOLOGY

FUND.

Section 612 of title 28, United States Code, is amended—

(1) by striking ‘‘equipment’’ each place it appears and

inserting ‘‘resources’’;

(2) by striking subsection (f) and redesignating subsections

(g) through (k) as subsections (f) through (j), respectively;

(3) in subsection (g), as so redesignated, by striking paragraph (3); and

(4) in subsection (i), as so redesignated—

(A) by striking ‘‘Judiciary’’ each place it appears and

inserting ‘‘judiciary’’;

(B) by striking ‘‘subparagraph (c)(1)(B)’’ and inserting

‘‘subsection (c)(1)(B)’’; and

(C) by striking ‘‘under (c)(1)(B)’’ and inserting ‘‘under

subsection (c)(1)(B)’’.

SEC. 102. DISPOSITION OF MISCELLANEOUS FEES.

For fiscal year 2001 and each fiscal year thereafter, any portion

of miscellaneous fees collected as prescribed by the Judicial Conference of the United States under sections 1913, 1914(b), 1926(a),

1930(b), and 1932 of title 28, United States Code, exceeding the

amount of such fees in effect on September 30, 2000, shall be

deposited into the special fund of the Treasury established under

section 1931 of title 28, United States Code.

SEC. 103. INCREASE IN CHAPTER 9 BANKRUPTCY FILING FEE.

Section 1930(a)(2) of title 28, United States Code, is amended

by striking ‘‘$300’’ and inserting ‘‘equal to the fee specified in

paragraph (3) for filing a case under chapter 11 of title 11. The

amount by which the fee payable under this paragraph exceeds

$300 shall be deposited in the fund established under section 1931

of this title’’.

SEC. 104. INCREASE IN FEE FOR CONVERTING A CHAPTER 7 OR

CHAPTER 13 BANKRUPTCY CASE TO A CHAPTER 11 BANKRUPTCY CASE.

The flush paragraph at the end of section 1930(a) of title

28, United States Code, is amended by striking ‘‘$400’’ and inserting

‘‘the amount equal to the difference between the fee specified in

paragraph (3) and the fee specified in paragraph (1)’’.

28 USC 1931

note.

114 STAT. 2412 PUBLIC LAW 106–518—NOV. 13, 2000

SEC. 105. BANKRUPTCY FEES.

Section 1930(a) of title 28, United States Code, is amended

by adding at the end the following: ‘‘(7) In districts that are not part of a United States trustee

region as defined in section 581 of this title, the Judicial Conference of the United States may require the debtor in a case

under chapter 11 of title 11 to pay fees equal to those imposed

by paragraph (6) of this subsection. Such fees shall be deposited

as offsetting receipts to the fund established under section

1931 of this title and shall remain available until expended.’’.

TITLE II—JUDICIAL PROCESS

IMPROVEMENTS

SEC. 201. EXTENSION OF STATUTORY AUTHORITY FOR MAGISTRATE

JUDGE POSITIONS TO BE ESTABLISHED IN THE DISTRICT

COURTS OF GUAM AND THE NORTHERN MARIANA

ISLANDS.

Section 631 of title 28, United States Code, is amended— (1) by striking the first two sentences of subsection (a)

and inserting the following: ‘‘The judges of each United States

district court and the district courts of the Virgin Islands,

Guam, and the Northern Mariana Islands shall appoint United

States magistrate judges in such numbers and to serve at

such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a

magistrate judge appointed by the district court of the Virgin

Islands, Guam, or the Northern Mariana Islands, this chapter

shall apply as though the court appointing such a magistrate

judge were a United States district court.’’; and

(2) by inserting in the first sentence of paragraph (1) of

subsection (b) after ‘‘Commonwealth of Puerto Rico,’’ the following: ‘‘the Territory of Guam, the Commonwealth of the

Northern Mariana Islands,’’.

SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

Section 636(e) of title 28, United States Code, is amended

to read as follows: ‘‘(e) CONTEMPT AUTHORITY.— ‘‘(1) IN GENERAL.—A United States magistrate judge

serving under this chapter shall have within the territorial

jurisdiction prescribed by the appointment of such magistrate

judge the power to exercise contempt authority as set forth

in this subsection.

‘‘(2) SUMMARY CRIMINAL CONTEMPT AUTHORITY.—A magistrate judge shall have the power to punish summarily by

fine or imprisonment such contempt of the authority of such

magistrate judge constituting misbehavior of any person in

the magistrate judge’s presence so as to obstruct the administration of justice. The order of contempt shall be issued under

the Federal Rules of Criminal Procedure.

‘‘(3) ADDITIONAL CRIMINAL CONTEMPT AUTHORITY IN CIVIL

CONSENT AND MISDEMEANOR CASES.—In any case in which a

United States magistrate judge presides with the consent of

the parties under subsection (c) of this section, and in any

misdemeanor case proceeding before a magistrate judge under

PUBLIC LAW 106–518—NOV. 13, 2000 114 STAT. 2413

section 3401 of title 18, the magistrate judge shall have the

power to punish, by fine or imprisonment, criminal contempt

constituting disobedience or resistance to the magistrate judge’s

lawful writ, process, order, rule, decree, or command. Disposition of such contempt shall be conducted upon notice and

hearing under the Federal Rules of Criminal Procedure.

‘‘(4) CIVIL CONTEMPT AUTHORITY IN CIVIL CONSENT AND

MISDEMEANOR CASES.—In any case in which a United States

magistrate judge presides with the consent of the parties under

subsection (c) of this section, and in any misdemeanor case

proceeding before a magistrate judge under section 3401 of

title 18, the magistrate judge may exercise the civil contempt

authority of the district court. This paragraph shall not be

construed to limit the authority of a magistrate judge to order

sanctions under any other statute, the Federal Rules of Civil

Procedure, or the Federal Rules of Criminal Procedure. ‘‘(5) CRIMINAL CONTEMPT PENALTIES.—The sentence

imposed by a magistrate judge for any criminal contempt provided for in paragraphs (2) and (3) shall not exceed the penalties

for a Class C misdemeanor as set forth in sections 3581(b)(8)

and 3571(b)(6) of title 18.

‘‘(6) CERTIFICATION OF OTHER CONTEMPTS TO THE DISTRICT

COURT.—Upon the commission of any such act—

‘‘(A) in any case in which a United States magistrate

judge presides with the consent of the parties under subsection (c) of this section, or in any misdemeanor case

proceeding before a magistrate judge under section 3401

of title 18, that may, in the opinion of the magistrate

judge, constitute a serious criminal contempt punishable

by penalties exceeding those set forth in paragraph (5)

of this subsection, or

‘‘(B) in any other case or proceeding under subsection

(a) or (b) of this section, or any other statute, where—

‘‘(i) the act committed in the magistrate judge’s

presence may, in the opinion of the magistrate judge,

constitute a serious criminal contempt punishable by

penalties exceeding those set forth in paragraph (5)

of this subsection,

‘‘(ii) the act that constitutes a criminal contempt

occurs outside the presence of the magistrate judge,

or

‘‘(iii) the act constitutes a civil contempt,

the magistrate judge shall forthwith certify the facts to a district judge and may serve or cause to be served, upon any

person whose behavior is brought into question under this

paragraph, an order requiring such person to appear before

a district judge upon a day certain to show cause why that

person should not be adjudged in contempt by reason of the

facts so certified. The district judge shall thereupon hear the

evidence as to the act or conduct complained of and, if it

is such as to warrant punishment, punish such person in the

same manner and to the same extent as for a contempt committed before a district judge.

‘‘(7) APPEALS OF MAGISTRATE JUDGE CONTEMPT ORDERS.—

The appeal of an order of contempt under this subsection shall

be made to the court of appeals in cases proceeding under

subsection (c) of this section. The appeal of any other order

114 STAT. 2414 PUBLIC LAW 106–518—NOV. 13, 2000

of contempt issued under this section shall be made to the

district court.’’.

SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN PETTY

OFFENSE CASES AND MAGISTRATE JUDGE AUTHORITY IN

MISDEMEANOR CASES INVOLVING JUVENILE DEFENDANTS.

(a) AMENDMENTS TO TITLE 18.— (1) PETTY OFFENSE CASES.—Section 3401(b) of title 18,

United States Code, is amended by striking ‘‘that is a class

B misdemeanor charging a motor vehicle offense, a class C

misdemeanor, or an infraction,’’ after ‘‘petty offense’’. (2) CASES INVOLVING JUVENILES.—Section 3401(g) of title

18, United States Code, is amended—

(A) by striking the first sentence and inserting the

following: ‘‘The magistrate judge may, in a petty offense

case involving a juvenile, exercise all powers granted to

the district court under chapter 403 of this title.’’;

(B) in the second sentence by striking ‘‘any other class

B or C misdemeanor case’’ and inserting ‘‘the case of any

misdemeanor, other than a petty offense,’’; and

(C) by striking the last sentence.

(b) AMENDMENTS TO TITLE 28.—Section 636(a) of title 28,

United States Code, is amended by striking paragraphs (4) and

(5) and inserting the following:

‘‘(4) the power to enter a sentence for a petty offense;

and

‘‘(5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.’’.

SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIREMENTS.

Section 604 of title 28, United States Code, is amended in

subsection (a) by striking the second paragraph designated (24).

SEC. 205. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

Section 332(a) of title 28, United States Code, is amended—

(1) by striking paragraph (3) and inserting the following:

‘‘(3) Except for the chief judge of the circuit, either judges

in regular active service or judges retired from regular active service

under section 371(b) of this title may serve as members of the

council. Service as a member of a judicial council by a judge retired

from regular active service under section 371(b) may not be considered for meeting the requirements of section 371(f)(1) (A), (B),

or (C).’’; and

(2) in paragraph (5) by striking ‘‘retirement,’’ and inserting

‘‘retirement under section 371(a) or 372(a) of this title,’’.

SEC. 206. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS.

Section 103(b)(2)(A) of the Civil Justice Reform Act of 1990

(Public Law 101–650; 104 Stat. 5096; 28 U.S.C. 471 note), as

amended by Public Law 105–53 (111 Stat. 1173), is amended by

inserting ‘‘471,’’ after ‘‘sections’’.

SEC. 207. REPEAL OF COURT OF FEDERAL CLAIMS FILING FEE.

Section 2520 of title 28, United States Code, and the item

relating to such section in the table of contents for chapter 165

of such title, are repealed.

PUBLIC LAW 106–518—NOV. 13, 2000 114 STAT. 2415

SEC. 208. TECHNICAL BANKRUPTCY CORRECTION.

Section 1228 of title 11, United States Code, is amended by

striking ‘‘1222(b)(10)’’ each place it appears and inserting

‘‘1222(b)(9)’’.

SEC. 209. TECHNICAL AMENDMENT RELATING TO THE TREATMENT

OF CERTAIN BANKRUPTCY FEES COLLECTED.

(a) AMENDMENT.—The first sentence of section 406(b) of the

Departments of Commerce, Justice, and State, the Judiciary, and

Related Agencies Appropriations Act, 1990 (Public Law 101–162;

103 Stat. 1016; 28 U.S.C. 1931 note) is amended by striking ‘‘service

enumerated after item 18’’ and inserting ‘‘service not of a kind

described in any of the items enumerated as items 1 through

7 and as items 9 through 18, as in effect on November 21, 1989,’’.

(b) APPLICATION OF AMENDMENT.—The amendment made by

subsection (a) shall not apply with respect to fees collected before

the date of enactment of this Act.

SEC. 210. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.

Section 3006A(d)(2) of title 18, United States Code, is

amended—

(1) in the first sentence—

(A) by striking ‘‘$3,500’’ and inserting ‘‘$5,200’’; and

(B) by striking ‘‘$1,000’’ and inserting ‘‘$1,500’’;

(2) in the second sentence by striking ‘‘$2,500’’ and inserting

‘‘$3,700’’;

(3) in the third sentence—

(A) by striking ‘‘$750’’ and inserting ‘‘$1,200’’; and

(B) by striking ‘‘$2,500’’ and inserting ‘‘$3,900’’;

(4) by inserting after the second sentence the following:

‘‘For representation of a petitioner in a non-capital habeas

corpus proceeding, the compensation for each attorney shall

not exceed the amount applicable to a felony in this paragraph

for representation of a defendant before a judicial officer of

the district court. For representation of such petitioner in an

appellate court, the compensation for each attorney shall not

exceed the amount applicable for representation of a defendant

in an appellate court.’’; and

(5) in the last sentence by striking ‘‘$750’’ and inserting

‘‘$1,200’’.

SEC. 211. REIMBURSEMENT OF EXPENSES IN DEFENSE OF CERTAIN

MALPRACTICE ACTIONS.

Section 3006A(d)(1) of title 18, United States Code, is amended

by striking the last sentence and inserting ‘‘Attorneys may be

reimbursed for expenses reasonably incurred, including the costs

of transcripts authorized by the United States magistrate or the

court, and the costs of defending actions alleging malpractice of

counsel in furnishing representational services under this section.

No reimbursement for expenses in defending against malpractice

claims shall be made if a judgment of malpractice is rendered

against the counsel furnishing representational services under this

section. The United States magistrate or the court shall make

determinations relating to reimbursement of expenses under this

paragraph.’’.

114 STAT. 2416 PUBLIC LAW 106–518—NOV. 13, 2000

TITLE III—JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

SEC. 301. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT MATTERS.

(a) DIRECTOR OF ADMINISTRATIVE OFFICE.—Section 611 of title

28, United States Code, is amended—

(1) in subsection (d), by inserting ‘‘a congressional employee

in the capacity of primary administrative assistant to a Member

of Congress or in the capacity of staff director or chief counsel

for the majority or the minority of a committee or subcommittee

of the Senate or House of Representatives,’’ after ‘‘Congress,’’;

(2) in subsection (b)—

(A) by striking ‘‘who has served at least fifteen years

and’’ and inserting ‘‘who has at least fifteen years of service

and has’’; and

(B) in the first undesignated paragraph, by striking

‘‘who has served at least ten years,’’ and inserting ‘‘who

has at least ten years of service,’’; and

(3) in subsection (c)—

(A) by striking ‘‘served at least fifteen years,’’ and

inserting ‘‘at least fifteen years of service,’’; and

(B) by striking ‘‘served less than fifteen years,’’ and

inserting ‘‘less than fifteen years of service,’’.

(b) DIRECTOR OF THE FEDERAL JUDICIAL CENTER.—Section 627

of title 28, United States Code, is amended—

(1) in subsection (e), by inserting ‘‘a congressional employee

in the capacity of primary administrative assistant to a Member

of Congress or in the capacity of staff director or chief counsel

for the majority or the minority of a committee or subcommittee

of the Senate or House of Representatives,’’ after ‘‘Congress,’’;

(2) in subsection (c)—

(A) by striking ‘‘who has served at least fifteen years

and’’ and inserting ‘‘who has at least fifteen years of service

and has’’; and

(B) in the first undesignated paragraph, by striking

‘‘who has served at least ten years,’’ and inserting ‘‘who

has at least ten years of service,’’; and

(3) in subsection (d)— (A) by striking ‘‘served at least fifteen years,’’ and

inserting ‘‘at least fifteen years of service,’’; and

(B) by striking ‘‘served less than fifteen years,’’ and

inserting ‘‘less than fifteen years of service,’’.

SEC. 302. APPLICABILITY OF LEAVE PROVISIONS TO EMPLOYEES OF

THE SENTENCING COMMISSION.

(a) IN GENERAL.—Section 996(b) of title 28, United States Code,

is amended by striking all after ‘‘title 5,’’ and inserting ‘‘except

the following: chapters 45 (Incentive Awards), 63 (Leave), 81 (Compensation for Work Injuries), 83 (Retirement), 85 (Unemployment

Compensation), 87 (Life Insurance), and 89 (Health Insurance),

and subchapter VI of chapter 55 (Payment for accumulated and

accrued leave).’’.

PUBLIC LAW 106–518—NOV. 13, 2000 114 STAT. 2417

(b) SAVINGS PROVISION.—Any leave that an individual accrued

or accumulated (or that otherwise became available to such individual) under the leave system of the United States Sentencing

Commission and that remains unused as of the date of the enactment of this Act shall, on and after such date, be treated as

leave accrued or accumulated (or that otherwise became available

to such individual) under chapter 63 of title 5, United States Code.

SEC. 303. PAYMENTS TO MILITARY SURVIVORS BENEFITS PLAN.

Section 371(e) of title 28, United States Code, is amended

by inserting after ‘‘such retired or retainer pay’’ the following: ‘‘, except such pay as is deductible from the retired or retainer

pay as a result of participation in any survivor’s benefits plan

in connection with the retired pay,’’.

SEC. 304. CREATION OF CERTIFYING OFFICERS IN THE JUDICIAL

BRANCH.

(a) APPOINTMENT OF DISBURSING AND CERTIFYING OFFICERS.— Chapter 41 of title 28, United States Code, is amended by adding

at the end the following:

‘‘§ 613. Disbursing and certifying officers

‘‘(a) DISBURSING OFFICERS.—The Director may designate in

writing officers and employees of the judicial branch of the Government, including the courts as defined in section 610 other than

the Supreme Court, to be disbursing officers in such numbers

and locations as the Director considers necessary. Such disbursing

officers shall— ‘‘(1) disburse moneys appropriated to the judicial branch

and other funds only in strict accordance with payment requests

certified by the Director or in accordance with subsection (b); ‘‘(2) examine payment requests as necessary to ascertain

whether they are in proper form, certified, and approved; and ‘‘(3) be held accountable for their actions as provided by

law, except that such a disbursing officer shall not be held

accountable or responsible for any illegal, improper, or incorrect

payment resulting from any false, inaccurate, or misleading

certificate for which a certifying officer is responsible under

subsection (b).

‘‘(b) CERTIFYING OFFICERS.— ‘‘(1) IN GENERAL.—The Director may designate in writing

officers and employees of the judicial branch of the Government,

including the courts as defined in section 610 other than the

Supreme Court, to certify payment requests payable from

appropriations and funds. Such certifying officers shall be

responsible and accountable for— ‘‘(A) the existence and correctness of the facts recited

in the certificate or other request for payment or its supporting papers; ‘‘(B) the legality of the proposed payment under the

appropriation or fund involved; and

‘‘(C) the correctness of the computations of certified

payment requests.

‘‘(2) LIABILITY.—The liability of a certifying officer shall

be enforced in the same manner and to the same extent as

provided by law with respect to the enforcement of the liability

of disbursing and other accountable officers. A certifying officer

shall be required to make restitution to the United States

28 USC 996 note.

114 STAT. 2418 PUBLIC LAW 106–518—NOV. 13, 2000

for the amount of any illegal, improper, or incorrect payment

resulting from any false, inaccurate, or misleading certificates

made by the certifying officer, as well as for any payment

prohibited by law or which did not represent a legal obligation

under the appropriation or fund involved.

‘‘(c) RIGHTS.—A certifying or disbursing officer—

‘‘(1) has the right to apply for and obtain a decision by

the Comptroller General on any question of law involved in

a payment request presented for certification; and

‘‘(2) is entitled to relief from liability arising under this

section in accordance with title 31.

‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing in this section

affects the authority of the courts with respect to moneys deposited

with the courts under chapter 129 of this title.’’.

(b) CONFORMING AMENDMENT.—The table of sections for chapter

41 of title 28, United States Code, is amended by adding at the

end the following:

‘‘613. Disbursing and certifying officers.’’.

(c) RULE OF CONSTRUCTION.—The amendment made by subsection (a) shall not be construed to authorize the hiring of any

Federal officer or employee.

(d) DUTIES OF DIRECTOR.—Section 604(a)(8) of title 28, United

States Code, is amended to read as follows:

‘‘(8) Disburse appropriations and other funds for the

maintenance and operation of the courts;’’.

SEC. 305. AMENDMENT TO THE JURY SELECTION PROCESS.

Section 1865 of title 28, United States Code, is amended—

(1) in subsection (a) by inserting ‘‘or the clerk under supervision of the court if the court’s jury selection plan so authorizes,’’ after ‘‘jury commission,’’; and

(2) in subsection (b) by inserting ‘‘or the clerk if the court’s

jury selection plan so provides,’’ after ‘‘may provide,’’.

SEC. 306. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR THE FEDERAL CIRCUIT.

Section 332 of title 28, United States Code, is amended by

adding at the end the following:

‘‘(h)(1) The United States Court of Appeals for the Federal

Circuit may appoint a circuit executive, who shall serve at the

pleasure of the court. In appointing a circuit executive, the court

shall take into account experience in administrative and executive

positions, familiarity with court procedures, and special training.

The circuit executive shall exercise such administrative powers

and perform such duties as may be delegated by the court. The

duties delegated to the circuit executive may include the duties

specified in subsection (e) of this section, insofar as such duties

are applicable to the Court of Appeals for the Federal Circuit.

‘‘(2) The circuit executive shall be paid the salary for circuit

executives established under subsection (f) of this section.

‘‘(3) The circuit executive may appoint, with the approval of

the court, necessary employees in such number as may be approved

by the Director of the Administrative Office of the United States

Courts.

28 USC 613 note.

PUBLIC LAW 106–518—NOV. 13, 2000 114 STAT. 2419

‘‘(4) The circuit executive and staff shall be deemed to be

officers and employees of the United States within the meaning

of the statutes specified in subsection (f)(4). ‘‘(5) The court may appoint either a circuit executive under

this subsection or a clerk under section 711 of this title, but not

both, or may appoint a combined circuit executive/clerk who shall

be paid the salary of a circuit executive.’’.

SEC. 307. RESIDENCE OF RETIRED JUDGES.

Section 175 of title 28, United States Code, is amended by

adding at the end the following:

‘‘(c) Retired judges of the Court of Federal Claims are not

subject to restrictions as to residence. The place where a retired

judge maintains the actual abode in which such judge customarily

lives shall be deemed to be the judge’s official duty station for

the purposes of section 456 of this title.’’.

SEC. 308. RECALL OF JUDGES ON DISABILITY STATUS.

Section 797(a) of title 28, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

(2) by adding at the end the following:

‘‘(2) Any judge of the Court of Federal Claims receiving an

annuity under section 178(c) of this title (pertaining to disability)

who, in the estimation of the chief judge, has recovered sufficiently

to render judicial service, shall be known and designated as a

senior judge and may perform duties as a judge when recalled

under subsection (b) of this section.’’.

SEC. 309. PERSONNEL APPLICATION AND INSURANCE PROGRAMS

RELATING TO JUDGES OF THE COURT OF FEDERAL

CLAIMS.

(a) IN GENERAL.—Chapter 7 of title 28, United States Code,

is amended by inserting after section 178 the following:

‘‘§ 179. Personnel application and insurance programs

‘‘(a) For purposes of construing and applying title 5, a judge

of the United States Court of Federal Claims shall be deemed

to be an ‘officer’ under section 2104(a) of such title.

‘‘(b)(1)(A) For purposes of construing and applying chapter 89

of title 5, a judge of the United States Court of Federal Claims

who—

‘‘(i) is retired under subsection (b) of section 178 of this

title, and

‘‘(ii) at the time of becoming such a retired judge—

‘‘(I) was enrolled in a health benefits plan under

chapter 89 of title 5, but

‘‘(II) did not satisfy the requirements of section

8905(b)(1) of title 5 (relating to eligibility to continue enrollment as an annuitant),

shall be deemed to be an annuitant meeting the requirements

of section 8905(b)(1) of title 5, in accordance with the succeeding

provisions of this paragraph, if the judge gives timely written

notification to the chief judge of the court that the judge is willing

to be called upon to perform judicial duties under section 178(d)

of this title during the period of continued eligibility for enrollment,

as described in subparagraph (B)(ii) or (C)(ii) (whichever applies).

‘‘(B) Except as provided in subparagraph (C)—

114 STAT. 2420 PUBLIC LAW 106–518—NOV. 13, 2000

‘‘(i) in order to be eligible for continued enrollment under

this paragraph, notification under subparagraph (A) shall be

made before the first day of the open enrollment period preceding the calendar year referred to in clause (ii)(II); and

‘‘(ii) if such notification is timely made, the retired judge

shall be eligible for continued enrollment under this paragraph

for the period—

‘‘(I) beginning on the date on which eligibility would

otherwise cease, and

‘‘(II) ending on the last day of the calendar year next

beginning after the end of the open enrollment period

referred to in clause (i).

‘‘(C) For purposes of applying this paragraph for the first time

in the case of any particular judge—

‘‘(i) subparagraph (B)(i) shall be applied by substituting

‘the expiration of the term of office of the judge’ for the matter

following ‘before’; and

‘‘(ii)(I) if the term of office of such judge expires before

the first day of the open enrollment period referred to in

subparagraph (B)(i), the period of continued eligibility for

enrollment shall be as described in subparagraph (B)(ii); but

‘‘(II) if the term of office of such judge expires on or after

the first day of the open enrollment period referred to in

subparagraph (B)(i), the period of continued eligibility shall

not end until the last day of the calendar year next beginning

after the end of the next full open enrollment period beginning

after the date on which the term expires.

‘‘(2) In the event that a retired judge remains enrolled under

chapter 89 of title 5 for a period of 5 consecutive years by virtue

of paragraph (1) (taking into account only periods of coverage as

an active judge immediately before retirement and as a retired

judge pursuant to paragraph (1)), then, effective as of the day

following the last day of that 5-year period—

‘‘(A) the provisions of chapter 89 of title 5 shall be applied

as if such judge had satisfied the requirements of section

8905(b)(1) on the last day of such period; and

‘‘(B) the provisions of paragraph (1) shall cease to apply.

‘‘(3) For purposes of this subsection, the term ‘open enrollment

period’ refers to a period described in section 8905(g)(1) of title

5.

‘‘(c) For purposes of construing and applying chapter 87 of

title 5, including any adjustment of insurance rates by regulation

or otherwise, a judge of the United States Court of Federal Claims

in regular active service or who is retired under section 178 of

this title shall be deemed to be a judge of the United States

described under section 8701(a)(5) of title 5.’’.

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of

sections for chapter 7 of title 28, United States Code, is amended

by striking the item relating to section 179 and inserting the

following:

‘‘179. Personnel application and insurance programs.’’.

SEC. 310. LUMP-SUM PAYMENT FOR ACCUMULATED AND ACCRUED

LEAVE ON SEPARATION.

Section 5551(a) of title 5, United States Code, is amended

in the first sentence by striking ‘‘or elects’’ and inserting ‘‘, is

PUBLIC LAW 106–518—NOV. 13, 2000 114 STAT. 2421

transferred to a position described under section 6301(2)(B)(xiii)

of this title, or elects’’.

SEC. 311. EMPLOYMENT OF PERSONAL ASSISTANTS FOR HANDICAPPED EMPLOYEES.

Section 3102(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A) by striking ‘‘and’’;

(2) in subparagraph (B) by adding ‘‘and’’ after the semicolon; and

(3) by adding at the end the following: ‘‘(C) an office, agency, or other establishment in the

judicial branch;’’.

SEC. 312. MANDATORY RETIREMENT AGE FOR DIRECTOR OF THE FEDERAL JUDICIAL CENTER.

(a) IN GENERAL.—Section 627 of title 28, United States Code,

is amended— (1) by striking subsection (a); and

(2) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 376

of title 28, United States Code, is amended—

(1) in paragraph (1)(D) by striking ‘‘subsection (b)’’ and

inserting ‘‘subsection (a)’’; and

(2) in paragraph (2)(D) by striking ‘‘subsection (c) or (d)’’

and inserting ‘‘subsection (b) or (c)’’.

SEC. 313. REAUTHORIZATION OF CERTAIN SUPREME COURT POLICE

AUTHORITY.

Section 9(c) of the Act entitled ‘‘An Act relating to the policing

of the building and grounds of the Supreme Court of the United

States’’, approved August 18, 1949 (40 U.S.C. 13n(c)) is amended

in the first sentence by striking ‘‘2000’’ and inserting ‘‘2004’’.

TITLE IV—FEDERAL PUBLIC

DEFENDERS

SEC. 401. TORT CLAIMS ACT AMENDMENT RELATING TO LIABILITY

OF FEDERAL PUBLIC DEFENDERS.

Section 2671 of title 28, United States Code, is amended in

the second undesignated paragraph—

(1) by inserting ‘‘(1)’’ after ‘‘includes’’; and

(2) by striking the period at the end and inserting the

following: ‘‘, and (2) any officer or employee of a Federal public

defender organization, except when such officer or employee

performs professional services in the course of providing representation under section 3006A of title 18.’’.

TITLE V—MISCELLANEOUS PROVISIONS

SEC. 501. EXTENSIONS RELATING TO BANKRUPTCY ADMINISTRATOR

PROGRAM.

Section 302(d)(3) of the Bankruptcy Judges, United States

Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C.

581 note) is amended—

114 STAT. 2422 PUBLIC LAW 106–518—NOV. 13, 2000

LEGISLATIVE HISTORY—S. 2915 (H.R. 1752):

HOUSE REPORTS: No. 106–312 accompanying H.R. 1752 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Oct. 19, considered and passed Senate.

Oct. 25, considered and passed House, amended.

Oct. 27, Senate concurred in House amendments.

Æ

(1) in subparagraph (A), in the matter following clause

(ii), by striking ‘‘or October 1, 2002, whichever occurs first,’’;

and

(2) in subparagraph (F)—

(A) in clause (i)—

(i) in subclause (II), by striking ‘‘or October 1,

2002, whichever occurs first’’; and

(ii) in the matter following subclause (II)—

(I) by striking ‘‘October 1, 2003, or’’; and

(II) by striking ‘‘, whichever occurs first’’; and

(B) in clause (ii), in the matter following subclause

(II)—

(i) by striking ‘‘October 1, 2003, or’’; and

(ii) by striking ‘‘, whichever occurs first’’.

SEC. 502. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT

OF OREGON.

Section 117 of title 28, United States Code, is amended by

striking ‘‘Eugene’’ and inserting ‘‘Eugene or Springfield’’.

Approved November 13, 2000.