106TH CONGRESS

2D SESSION S. 2915

AN ACT

To make improvements in the operation and administration

of the Federal courts, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Federal Courts Improvement Act of 2000’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 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. Transfer of retirement funds.

Sec. 104. Increase in chapter 9 bankruptcy filing fee.

Sec. 105. Increase in fee for converting a chapter 7 or chapter 13 bankruptcy

case to a chapter 11 bankruptcy case.

Sec. 106. 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.

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
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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.

1 TITLE I—JUDICIAL FINANCIAL

2 ADMINISTRATION

3 SEC. 101. EXTENSION OF JUDICIARY INFORMATION TECH4 NOLOGY FUND.

5 Section 612 of title 28, United States Code, is

6 amended—

7 (1) by striking ‘‘equipment’’ each place it ap8 pears and inserting ‘‘resources’’;

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

10 subsections (g) through (k) as subsections (f)

11 through (j), respectively;

12 (3) in subsection (g), as so redesignated, by

13 striking paragraph (3); and

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

15 (A) by striking ‘‘Judiciary’’ each place it

16 appears and inserting ‘‘judiciary’’;

17 (B) by striking ‘‘subparagraph (c)(1)(B)’’

18 and inserting ‘‘subsection (c)(1)(B)’’; and

19 (C) by striking ‘‘under (c)(1)(B)’’ and in20 serting ‘‘under subsection (c)(1)(B)’’.
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1 SEC. 102. DISPOSITION OF MISCELLANEOUS FEES.

2 For fiscal year 2001 and each fiscal year thereafter,

3 any portion of miscellaneous fees collected as prescribed

4 by the Judicial Conference of the United States under sec5 tions 1913, 1914(b), 1926(a), 1930(b), and 1932 of title

6 28, United States Code, exceeding the amount of such fees

7 in effect on September 30, 2000, shall be deposited into

8 the special fund of the Treasury established under section

9 1931 of title 28, United States Code.

10 SEC. 103. TRANSFER OF RETIREMENT FUNDS.

11 Section 377 of title 28, United States Code, is

12 amended by adding at the end the following:

13 ‘‘(p) TRANSFER OF RETIREMENT FUNDS.—Upon

14 election by a bankruptcy judge or a magistrate judge

15 under subsection (f) of this section, all of the accrued em16 ployer contributions and accrued interest on those con17 tributions made on behalf of the bankruptcy judge or mag18 istrate judge to the Civil Service Retirement and Disability

19 Fund under section 8348 of title 5 shall be transferred

20 to the fund established under section 1931 of this title,

21 except that if the bankruptcy judge or magistrate judge

22 elects under section 2(c) of the Retirement and Survivor’s

23 Annuities for Bankruptcy Judges and Magistrates Act of

24 1988 (Public Law 100–659), to receive a retirement annu25 ity under both this section and title 5, only the accrued

26 employer contributions and accrued interest on such con-
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1 tributions, made on behalf of the bankruptcy judge or

2 magistrate judge for service credited under this section,

3 may be transferred.’’.

4 SEC. 104. INCREASE IN CHAPTER 9 BANKRUPTCY FILING

5 FEE.

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

7 is amended by striking ‘‘$300’’ and inserting ‘‘equal to

8 the fee specified in paragraph (3) for filing a case under

9 chapter 11 of title 11. The amount by which the fee pay10 able under this paragraph exceeds $300 shall be deposited

11 in the fund established under section 1931 of this title’’.

12 SEC. 105. INCREASE IN FEE FOR CONVERTING A CHAPTER

13 7 OR CHAPTER 13 BANKRUPTCY CASE TO A

14 CHAPTER 11 BANKRUPTCY CASE.

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

16 of title 28, United States Code, is amended by striking

17 ‘‘$400’’ and inserting ‘‘the amount equal to the difference

18 between the fee specified in paragraph (3) and the fee

19 specified in paragraph (1)’’.

20 SEC. 106. BANKRUPTCY FEES.

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

22 amended by adding at the end the following:

23 ‘‘(7) In districts that are not part of a United

24 States trustee region as defined in section 581 of

25 this title, the Judicial Conference of the United
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1 States may require the debtor in a case under chap2 ter 11 of title 11 to pay fees equal to those imposed

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

4 be deposited as offsetting receipts to the fund estab5 lished under section 1931 of this title and shall re6 main available until expended.’’.

7 TITLE II—JUDICIAL PROCESS

8 IMPROVEMENTS

9 SEC. 201. EXTENSION OF STATUTORY AUTHORITY FOR

10 MAGISTRATE JUDGE POSITIONS TO BE ES11 TABLISHED IN THE DISTRICT COURTS OF

12 GUAM AND THE NORTHERN MARIANA IS13 LANDS.

14 Section 631 of title 28, United States Code, is

15 amended—

16 (1) by striking the first two sentences of sub17 section (a) and inserting the following: ‘‘The judges

18 of each United States district court and the district

19 courts of the Virgin Islands, Guam, and the North20 ern Mariana Islands shall appoint United States

21 magistrate judges in such numbers and to serve at

22 such locations within the judicial districts as the Ju23 dicial Conference may determine under this chapter.

24 In the case of a magistrate judge appointed by the

25 district court of the Virgin Islands, Guam, or the
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1 Northern Mariana Islands, this chapter shall apply

2 as though the court appointing such a magistrate

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

4 (2) by inserting in the first sentence of para5 graph (1) of subsection (b) after ‘‘Commonwealth of

6 Puerto Rico,’’ the following: ‘‘the Territory of Guam,

7 the Commonwealth of the Northern Mariana Is8 lands,’’.

9 SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

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

11 amended to read as follows:

12 ‘‘(e) CONTEMPT AUTHORITY.—

13 ‘‘(1) IN GENERAL.—A United States magistrate

14 judge serving under this chapter shall have within

15 the territorial jurisdiction prescribed by the appoint16 ment of such magistrate judge the power to exercise

17 contempt authority as set forth in this subsection.

18 ‘‘(2) SUMMARY CRIMINAL CONTEMPT AUTHOR19 ITY.—A magistrate judge shall have the power to

20 punish summarily by fine or imprisonment such con21 tempt of the authority of such magistrate judge con22 stituting misbehavior of any person in the mag23 istrate judge’s presence so as to obstruct the admin24 istration of justice. The order of contempt shall be
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1 issued under the Federal Rules of Criminal Proce2 dure.

3 ‘‘(3) ADDITIONAL CRIMINAL CONTEMPT AU4 THORITY IN CIVIL CONSENT AND MISDEMEANOR

5 CASES.—In any case in which a United States mag6 istrate judge presides with the consent of the parties

7 under subsection (c) of this section, and in any mis8 demeanor case proceeding before a magistrate judge

9 under section 3401 of title 18, the magistrate judge

10 shall have the power to punish, by fine or imprison11 ment, criminal contempt constituting disobedience or

12 resistance to the magistrate judge’s lawful writ,

13 process, order, rule, decree, or command. Disposition

14 of such contempt shall be conducted upon notice and

15 hearing under the Federal Rules of Criminal Proce16 dure.

17 ‘‘(4) CIVIL CONTEMPT AUTHORITY IN CIVIL

18 CONSENT AND MISDEMEANOR CASES.—In any case

19 in which a United States magistrate judge presides

20 with the consent of the parties under subsection (c)

21 of this section, and in any misdemeanor case pro22 ceeding before a magistrate judge under section

23 3401 of title 18, the magistrate judge may exercise

24 the civil contempt authority of the district court.

25 This paragraph shall not be construed to limit the
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1 authority of a magistrate judge to order sanctions

2 under any other statute, the Federal Rules of Civil

3 Procedure, or the Federal Rules of Criminal Proce4 dure.

5 ‘‘(5) CRIMINAL CONTEMPT PENALTIES.—The

6 sentence imposed by a magistrate judge for any

7 criminal contempt provided for in paragraphs (2)

8 and (3) shall not exceed the penalties for a Class C

9 misdemeanor as set forth in sections 3581(b)(8) and

10 3571(b)(6) of title 18.

11 ‘‘(6) CERTIFICATION OF OTHER CONTEMPTS TO

12 THE DISTRICT COURT.—Upon the commission of any

13 such act—

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

15 magistrate judge presides with the consent of

16 the parties under subsection (c) of this section,

17 or in any misdemeanor case proceeding before

18 a magistrate judge under section 3401 of title

19 18, that may, in the opinion of the magistrate

20 judge, constitute a serious criminal contempt

21 punishable by penalties exceeding those set

22 forth in paragraph (5) of this subsection; or

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

24 subsection (a) or (b) of this section, or any

25 other statute, where—
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1 ‘‘(i) the act committed in the mag2 istrate judge’s presence may, in the opin3 ion of the magistrate judge, constitute a

4 serious criminal contempt punishable by

5 penalties exceeding those set forth in para6 graph (5) of this subsection;

7 ‘‘(ii) the act that constitutes a crimi8 nal contempt occurs outside the presence

9 of the magistrate judge; or

10 ‘‘(iii) the act constitutes a civil con11 tempt,

12 the magistrate judge shall forthwith certify the facts

13 to a district judge and may serve or cause to be

14 served, upon any person whose behavior is brought

15 into question under this paragraph, an order requir16 ing such person to appear before a district judge

17 upon a day certain to show cause why that person

18 should not be adjudged in contempt by reason of the

19 facts so certified. The district judge shall thereupon

20 hear the evidence as to the act or conduct com21 plained of and, if it is such as to warrant punish22 ment, punish such person in the same manner and

23 to the same extent as for a contempt committed be24 fore a district judge.
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1 ‘‘(7) APPEALS OF MAGISTRATE JUDGE CON2 TEMPT ORDERS.—The appeal of an order of con3 tempt under this subsection shall be made to the

4 court of appeals in cases proceeding under sub5 section (c) of this section. The appeal of any other

6 order of contempt issued under this section shall be

7 made to the district court.’’.

8 SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN

9 PETTY OFFENSE CASES AND MAGISTRATE

10 JUDGE AUTHORITY IN MISDEMEANOR CASES

11 INVOLVING JUVENILE DEFENDANTS.

12 (a) AMENDMENTS TO TITLE 18.—

13 (1) PETTY OFFENSE CASES.—Section 3401(b)

14 of title 18, United States Code, is amended by strik15 ing ‘‘that is a class B misdemeanor charging a

16 motor vehicle offense, a class C misdemeanor, or an

17 infraction,’’ after ‘‘petty offense’’.

18 (2) CASES INVOLVING JUVENILES.—Section

19 3401(g) of title 18, United States Code, is

20 amended—

21 (A) by striking the first sentence and in22 serting the following: ‘‘The magistrate judge

23 may, in a petty offense case involving a juve24 nile, exercise all powers granted to the district

25 court under chapter 403 of this title.’’;
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1 (B) in the second sentence by striking

2 ‘‘any other class B or C misdemeanor case’’

3 and inserting ‘‘the case of any misdemeanor,

4 other than a petty offense,’’; and

5 (C) by striking the last sentence.

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

7 title 28, United States Code, is amended by striking para8 graphs (4) and (5) and inserting in the following:

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

10 offense; and

11 ‘‘(5) the power to enter a sentence for a class

12 A misdemeanor in a case in which the parties have

13 consented.’’.

14 SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIRE15 MENTS.

16 Section 604 of title 28, United States Code, is

17 amended in subsection (a) by striking the second para18 graph designated (24).

19 SEC. 205. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

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

21 amended—

22 (1) by striking paragraph (3) and inserting the

23 following:

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

25 judges in regular active service or judges retired from reg-
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1 ular active service under section 371(b) of this title may

2 serve as members of the council. Service as a member of

3 a judicial council by a judge retired from regular active

4 service under section 371(b) may not be considered for

5 meeting the requirements of section 371(f)(1) (A), (B),

6 or (C).’’; and

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

8 and inserting ‘‘retirement under section 371(a) or

9 372(a) of this title,’’.

10 SEC. 206. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY

11 REDUCTION PLANS.

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

13 of 1990 (Public Law 101–650; 104 Stat. 5096; 28 U.S.C.

14 471 note), as amended by Public Law 105–53 (111 Stat.

15 1173), is amended by inserting ‘‘471,’’ after ‘‘sections’’.

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

17 FEE.

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

19 item relating to such section in the table of contents for

20 chapter 165 of such title, are repealed.

21 SEC. 208. TECHNICAL BANKRUPTCY CORRECTION.

22 Section 1228 of title 11, United States Code, is

23 amended by striking ‘‘1222(b)(10)’’ each place it appears

24 and inserting ‘‘1222(b)(9)’’.
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1 SEC. 209. TECHNICAL AMENDMENT RELATING TO THE

2 TREATMENT OF CERTAIN BANKRUPTCY FEES

3 COLLECTED.

4 (a) AMENDMENT.—The first sentence of section

5 406(b) of the Departments of Commerce, Justice, and

6 State, the Judiciary, and Related Agencies Appropriations

7 Act, 1990 (Public Law 101–162; 103 Stat. 1016; 28

8 U.S.C. 1931 note) is amended by striking ‘‘service enu9 merated after item 18’’ and inserting ‘‘service not of a

10 kind described in any of the items enumerated as items

11 1 through 7 and as items 9 through 18, as in effect on

12 November 21, 1989,’’.

13 (b) APPLICATION OF AMENDMENT.—The amendment

14 made by subsection (a) shall not apply with respect to fees

15 collected before the date of enactment of this Act.

16 SEC. 210. MAXIMUM AMOUNTS OF COMPENSATION FOR AT17 TORNEYS.

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

19 is amended—

20 (1) in the first sentence—

21 (A) by striking ‘‘$3,500’’ and inserting

22 ‘‘$5,200’’; and

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

24 ‘‘$1,500’’;

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

26 and inserting ‘‘$3,700’’;
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1 (3) in the third sentence—

2 (A) by striking ‘‘$750’’ and inserting

3 ‘‘$1,200’’; and

4 (B) by striking ‘‘$2,500’’ and inserting

5 ‘‘$3,900’’;

6 (4) by inserting after the second sentence the

7 following: ‘‘For representation of a petitioner in a

8 non-capital habeas corpus proceeding, the compensa9 tion for each attorney shall not exceed the amount

10 applicable to a felony in this paragraph for represen11 tation of a defendant before a judicial officer of the

12 district court. For representation of such petitioner

13 in an appellate court, the compensation for each at14 torney shall not exceed the amount applicable for

15 representation of a defendant in an appellate

16 court.’’; and

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

18 inserting ‘‘$1,200’’.

19 SEC. 211. REIMBURSEMENT OF EXPENSES IN DEFENSE OF

20 CERTAIN MALPRACTICE ACTIONS.

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

22 is amended by striking the last sentence and inserting

23 ‘‘Attorneys may be reimbursed for expenses reasonably in24 curred, including the costs of transcripts authorized by the

25 United States magistrate or the court, and the costs of
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1 defending actions alleging malpractice of counsel in fur2 nishing representational services under this section. No re3 imbursement for expenses in defending against mal4 practice claims shall be made if a judgment of malpractice

5 is rendered against the counsel furnishing representational

6 services under this section. The United States magistrate

7 or the court shall make determinations relating to reim8 bursement of expenses under this paragraph.’’.

9 TITLE III—JUDICIAL PER10 SONNEL ADMINISTRATION,

11 BENEFITS, AND PROTEC12 TIONS

13 SEC. 301. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE14 MENT MATTERS.

15 (a) DIRECTOR OF ADMINISTRATIVE OFFICE.—Sec16 tion 611 of title 28, United States Code, is amended—

17 (1) in subsection (d), by inserting ‘‘a congres18 sional employee in the capacity of primary adminis19 trative assistant to a Member of Congress or in the

20 capacity of staff director or chief counsel for the ma21 jority or the minority of a committee or sub22 committee of the Senate or House of Representa23 tives,’’ after ‘‘Congress,’’;

24 (2) in subsection (b)—
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1 (A) by striking ‘‘who has served at least

2 fifteen years and’’ and inserting ‘‘who has at

3 least fifteen years of service and has’’; and

4 (B) in the first undesignated paragraph,

5 by striking ‘‘who has served at least ten years,’’

6 and inserting ‘‘who has at least ten years of

7 service,’’; and

8 (3) in subsection (c)—

9 (A) by striking ‘‘served at least fifteen

10 years,’’ and inserting ‘‘at least fifteen years of

11 service,’’; and

12 (B) by striking ‘‘served less than fifteen

13 years,’’ and inserting ‘‘less than fifteen years of

14 service,’’.

15 (b) DIRECTOR OF THE FEDERAL JUDICIAL CEN16 TER.—Section 627 of title 28, United States Code, is

17 amended—

18 (1) in subsection (e), by inserting ‘‘a congres19 sional employee in the capacity of primary adminis20 trative assistant to a Member of Congress or in the

21 capacity of staff director or chief counsel for the ma22 jority or the minority of a committee or sub23 committee of the Senate or House of Representa24 tives,’’ after ‘‘Congress,’’;

25 (2) in subsection (c)—
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1 (A) by striking ‘‘who has served at least

2 fifteen years and’’ and inserting ‘‘who has at

3 least fifteen years of service and has’’; and

4 (B) in the first undesignated paragraph,

5 by striking ‘‘who has served at least ten years,’’

6 and inserting ‘‘who has at least ten years of

7 service,’’; and

8 (3) in subsection (d)—

9 (A) by striking ‘‘served at least fifteen

10 years,’’ and inserting ‘‘at least fifteen years of

11 service,’’; and

12 (B) by striking ‘‘served less than fifteen

13 years,’’ and inserting ‘‘less than fifteen years of

14 service,’’.

15 SEC. 302. APPLICABILITY OF LEAVE PROVISIONS TO EM16 PLOYEES OF THE SENTENCING COMMISSION.

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

18 States Code, is amended by striking all after ‘‘title 5,’’

19 and inserting ‘‘except the following: chapters 45 (Incentive

20 Awards), 63 (Leave), 81 (Compensation for Work Inju21 ries), 83 (Retirement), 85 (Unemployment Compensa22 tion), 87 (Life Insurance), and 89 (Health Insurance),

23 and subchapter VI of chapter 55 (Payment for accumu24 lated and accrued leave).’’.
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1 (b) SAVINGS PROVISION.—Any leave that an indi2 vidual accrued or accumulated (or that otherwise became

3 available to such individual) under the leave system of the

4 United States Sentencing Commission and that remains

5 unused as of the date of the enactment of this Act shall,

6 on and after such date, be treated as leave accrued or ac7 cumulated (or that otherwise became available to such in8 dividual) under chapter 63 of title 5, United States Code.

9 SEC. 303. PAYMENTS TO MILITARY SURVIVORS BENEFITS

10 PLAN.

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

12 amended by inserting after ‘‘such retired or retainer pay’’

13 the following: ‘‘, except such pay as is deductible from the

14 retired or retainer pay as a result of participation in any

15 survivor’s benefits plan in connection with the retired

16 pay,’’.

17 SEC. 304. CREATION OF CERTIFYING OFFICERS IN THE JU18 DICIAL BRANCH.

19 (a) APPOINTMENT OF DISBURSING AND CERTIFYING

20 OFFICERS.—Chapter 41 of title 28, United States Code,

21 is amended by adding at the end the following:

22 ‘‘§ 613. Disbursing and certifying officers

23 ‘‘(a) DISBURSING OFFICERS.—The Director may

24 designate in writing officers and employees of the judicial

25 branch of the Government, including the courts as defined
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1 in section 610 other than the Supreme Court, to be dis2 bursing officers in such numbers and locations as the Di3 rector considers necessary. Such disbursing officers

4 shall—

5 ‘‘(1) disburse moneys appropriated to the judi6 cial branch and other funds only in strict accordance

7 with payment requests certified by the Director or in

8 accordance with subsection (b);

9 ‘‘(2) examine payment requests as necessary to

10 ascertain whether they are in proper form, certified,

11 and approved; and

12 ‘‘(3) be held accountable for their actions as

13 provided by law, except that such a disbursing offi14 cer shall not be held accountable or responsible for

15 any illegal, improper, or incorrect payment resulting

16 from any false, inaccurate, or misleading certificate

17 for which a certifying officer is responsible under

18 subsection (b).

19 ‘‘(b) CERTIFYING OFFICERS.—

20 ‘‘(1) IN GENERAL.—The Director may des21 ignate in writing officers and employees of the judi22 cial branch of the Government, including the courts

23 as defined in section 610 other than the Supreme

24 Court, to certify payment requests payable from ap-
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1 propriations and funds. Such certifying officers shall

2 be responsible and accountable for—

3 ‘‘(A) the existence and correctness of the

4 facts recited in the certificate or other request

5 for payment or its supporting papers;

6 ‘‘(B) the legality of the proposed payment

7 under the appropriation or fund involved; and

8 ‘‘(C) the correctness of the computations

9 of certified payment requests.

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

11 officer shall be enforced in the same manner and to

12 the same extent as provided by law with respect to

13 the enforcement of the liability of disbursing and

14 other accountable officers. A certifying officer shall

15 be required to make restitution to the United States

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

17 payment resulting from any false, inaccurate, or

18 misleading certificates made by the certifying officer,

19 as well as for any payment prohibited by law or

20 which did not represent a legal obligation under the

21 appropriation or fund involved.

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

23 ‘‘(1) has the right to apply for and obtain a de24 cision by the Comptroller General on any question of
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1 law involved in a payment request presented for cer2 tification; and

3 ‘‘(2) is entitled to relief from liability arising

4 under this section in accordance with title 31.

5 ‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing

6 in this section affects the authority of the courts with re7 spect to moneys deposited with the courts under chapter

8 129 of this title.’’.

9 (b) CONFORMING AMENDMENT.—The table of sec10 tions for chapter 41 of title 28, United States Code, is

11 amended by adding at the end the following:

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

12 (c) RULE OF CONSTRUCTION.—The amendment

13 made by subsection (a) shall not be construed to authorize

14 the hiring of any Federal officer or employee.

15 (d) DUTIES OF DIRECTOR.—Section 604(a)(8) of

16 title 28, United States Code, is amended to read as fol17 lows:

18 ‘‘(8) Disburse appropriations and other funds

19 for the maintenance and operation of the courts;’’.

20 SEC. 305. AMENDMENT TO THE JURY SELECTION PROCESS.

21 Section 1865 of title 28, United States Code, is

22 amended—

23 (1) in subsection (a) by inserting ‘‘or the clerk

24 under supervision of the court if the court’s jury se-
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1 lection plan so authorizes,’’ after ‘‘jury commis2 sion,’’; and

3 (2) in subsection (b) by inserting ‘‘or the clerk

4 if the court’s jury selection plan so provides,’’ after

5 ‘‘may provide,’’.

6 SEC. 306. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR

7 THE FEDERAL CIRCUIT.

8 Section 332 of title 28, United States Code, is

9 amended by adding at the end the following:

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

11 Federal Circuit may appoint a circuit executive, who shall

12 serve at the pleasure of the court. In appointing a circuit

13 executive, the court shall take into account experience in

14 administrative and executive positions, familiarity with

15 court procedures, and special training. The circuit execu16 tive shall exercise such administrative powers and perform

17 such duties as may be delegated by the court. The duties

18 delegated to the circuit executive may include the duties

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

20 duties are applicable to the Court of Appeals for the Fed21 eral Circuit.

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

23 circuit executives established under subsection (f) of this

24 section.
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1 ‘‘(3) The circuit executive may appoint, with the ap2 proval of the court, necessary employees in such number

3 as may be approved by the Director of the Administrative

4 Office of the United States Courts.

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

6 to be officers and employees of the United States within

7 the meaning of the statutes specified in subsection (f)(4).

8 ‘‘(5) The court may appoint either a circuit executive

9 under this subsection or a clerk under section 711 of this

10 title, but not both, or may appoint a combined circuit exec11 utive/clerk who shall be paid the salary of a circuit execu12 tive.’’.

13 SEC. 307. RESIDENCE OF RETIRED JUDGES.

14 Section 175 of title 28, United States Code, is

15 amended by adding at the end the following:

16 ‘‘(c) Retired judges of the Court of Federal Claims

17 are not subject to restrictions as to residence. The place

18 where a retired judge maintains the actual abode in which

19 such judge customarily lives shall be deemed to be the

20 judge’s official duty station for the purposes of section 456

21 of this title.’’.

22 SEC. 308. RECALL OF JUDGES ON DISABILITY STATUS.

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

24 amended—

25 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
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1 (2) by adding at the end the following:

2 ‘‘(2) Any judge of the Court of Federal Claims receiv3 ing an annuity under section 178(c) of this title (per4 taining to disability) who, in the estimation of the chief

5 judge, has recovered sufficiently to render judicial service,

6 shall be known and designated as a senior judge and may

7 perform duties as a judge when recalled under subsection

8 (b) of this section.’’.

9 SEC. 309. PERSONNEL APPLICATION AND INSURANCE PRO10 GRAMS RELATING TO JUDGES OF THE COURT

11 OF FEDERAL CLAIMS.

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

13 States Code, is amended by inserting after section 178 the

14 following:

15 ‘‘§ 179. Personnel application and insurance pro16 grams

17 ‘‘(a) For purposes of construing and applying title

18 5, a judge of the United States Court of Federal Claims

19 shall be deemed to be an ‘officer’ under section 2104(a)

20 of such title.

21 ‘‘(b) For purposes of construing and applying chapter

22 89 of title 5, a judge of the United States Court of Federal

23 Claims who—

24 ‘‘(1) is retired under section 178 of this title;

25 and
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1 ‘‘(2) was enrolled in a health benefits plan

2 under chapter 89 of title 5 at the time the judge be3 came a retired judge,

4 shall be deemed to be an annuitant meeting the require5 ments of section 8905(b)(1) of title 5, notwithstanding the

6 length of enrollment prior to the date of retirement.

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

8 87 of title 5, including any adjustment of insurance rates

9 by regulation or otherwise, a judge of the United States

10 Court of Federal Claims in regular active service or who

11 is retired under section 178 of this title shall be deemed

12 to be a judge of the United States described under section

13 8701(a)(5) of title 5.’’.

14 (b) TECHNICAL AND CONFORMING AMENDMENT.—

15 The table of sections for chapter 7 of title 28, United

16 States Code, is amended by striking the item relating to

17 section 179 and inserting the following:

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

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

19 ACCRUED LEAVE ON SEPARATION.

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

21 amended in the first sentence by striking ‘‘or elects’’ and

22 inserting ‘‘, is transferred to a position described under

23 section 6301(2)(xiii) of this title, or elects’’.
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1 SEC. 311. EMPLOYMENT OF PERSONAL ASSISTANTS FOR

2 HANDICAPPED EMPLOYEES.

3 Section 3102(a)(1) of title 5, United States Code, is

4 amended—

5 (1) in subparagraph (A) by striking ‘‘and’’;

6 (2) in subparagraph (B) by adding ‘‘and’’ after

7 the semicolon; and

8 (3) by adding at the end the following:

9 ‘‘(C) an office, agency, or other establish10 ment in the judicial branch;’’.

11 SEC. 312. MANDATORY RETIREMENT AGE FOR DIRECTOR

12 OF THE FEDERAL JUDICIAL CENTER.

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

14 States Code, is amended—

15 (1) by striking subsection (a); and

16 (2) by redesignating subsections (b) through (f)

17 as subsections (a) through (e), respectively.

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

19 Section 376 of title 28, United States Code, is amended—

20 (1) in paragraph (1)(D) by striking ‘‘subsection

21 (b)’’ and inserting ‘‘subsection (a)’’; and

22 (2) in paragraph (2)(D) by striking ‘‘subsection

23 (c) or (d)’’ and inserting ‘‘subsection (b) or (c)’’.
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1 SEC. 313. REAUTHORIZATION OF CERTAIN SUPREME

2 COURT POLICE AUTHORITY.

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

4 the policing of the building and grounds of the Supreme

5 Court of the United States’’, approved August 18, 1949

6 (40 U.S.C. 13n(c)) is amended in the first sentence by

7 striking ‘‘2000’’ and inserting ‘‘2004’’.

8 TITLE IV—FEDERAL PUBLIC

9 DEFENDERS

10 SEC. 401. TORT CLAIMS ACT AMENDMENT RELATING TO LI11 ABILITY OF FEDERAL PUBLIC DEFENDERS.

12 Section 2671 of title 28, United States Code, is

13 amended in the second undesignated paragraph—

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

15 (2) by striking the period at the end and insert16 ing the following: ‘‘, and (2) any officer or employee

17 of a Federal public defender organization, except

18 when such officer or employee performs professional

19 services in the course of providing representation

20 under section 3006A of title 18.’’.
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1 TITLE V—MISCELLANEOUS

2 PROVISIONS

3 SEC. 501. EXTENSIONS RELATING TO BANKRUPTCY ADMIN4 ISTRATOR PROGRAM.

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

6 States Trustees, and Family Farmer Bankruptcy Act of

7 1986 (28 U.S.C. 581 note) is amended—

8 (1) in subparagraph (A), in the matter fol9 lowing clause (ii), by striking ‘‘or October 1, 2002,

10 whichever occurs first’’; and

11 (2) in subparagraph (F)—

12 (A) in clause (i)—

13 (i) in subclause (II), by striking ‘‘or

14 October 1, 2002, whichever occurs first’’;

15 and

16 (ii) in the matter following subclause

17 (II), by striking ‘‘October 1, 2003, or’’;

18 and

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

20 subclause (II)—

21 (i) by striking ‘‘before October 1,

22 2003, or’’; and

23 (ii) by striking ‘‘, whichever occurs

24 first’’.
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1 SEC. 502. ADDITIONAL PLACE OF HOLDING COURT IN THE

2 DISTRICT OF OREGON.

3 Section 117 of title 28, United States Code, is

4 amended by striking ‘‘Eugene’’ and inserting ‘‘Eugene or

5 Springfield’’.

Passed the Senate October 19 (legislative day, September 22), 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. 2915

AN ACT

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

purposes.