II

106TH CONGRESS

2D SESSION S. 2915

To make improvements in the operation and administration of the Federal

courts, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 25, 2000

Mr. GRASSLEY (for himself and Mr. TORRICELLI) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

A BILL

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’’.

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

7 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. Reimbursement of judiciary for civil and criminal forfeiture expenses.
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Sec. 104. Transfer of retirement funds.

Sec. 105. Increase in chapter 9 bankruptcy filing fee.

Sec. 106. Increase in fee for converting a chapter 7 or chapter 13 bankruptcy

case to a chapter 11 bankruptcy case.

Sec. 107. 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. Authority to prescribe fees for technology resources in the courts.

Sec. 306. Amendment to the jury selection process.

Sec. 307. Authorization of a circuit executive for the Federal circuit.

Sec. 308. Residence of retired judges.

Sec. 309. Recall of judges on disability status.

Sec. 310. Personnel application and insurance programs relating to judges of

the Court of Federal Claims.

Sec. 311. Lump-sum payment for accumulated and accrued leave on separation.

Sec. 312. Employment of personal assistants for handicapped employees.

Sec. 313. Mandatory retirement age for director of the Federal judicial center.

TITLE IV—FEDERAL PUBLIC DEFENDERS

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

21 SEC. 102. DISPOSITION OF MISCELLANEOUS FEES.

22 For fiscal year 2001 and each fiscal year thereafter,

23 any portion of miscellaneous fees collected as prescribed

24 by the Judicial Conference of the United States under sec25 tions 1913, 1914(b), 1926(a), 1930(b), and 1932 of title
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1 28, United States Code, exceeding the amount of such fees

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

3 the special fund of the Treasury established under section

4 1931 of title 28, United States Code.

5 SEC. 103. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND

6 CRIMINAL FORFEITURE EXPENSES.

7 (a) TRANSFER OF FUNDS.—Section 524(c) of title

8 28, United States Code, is amended—

9 (1) by inserting after paragraph (11) the fol10 lowing:

11 ‘‘(12)(A) In the fiscal year subsequent to the

12 fiscal year in which this paragraph is enacted, and

13 in each fiscal year thereafter, an amount as specified

14 in subparagraph (B) shall be transferred annually to

15 the judiciary into the fund established under section

16 1931 of this title, for expenses incurred in—

17 ‘‘(i) adjudication of civil and criminal for18 feiture proceedings that result in deposits into

19 the Fund (except the expense of salaries of

20 judges);

21 ‘‘(ii) representation, under the provisions

22 of section 3006A of title 18 or section 408(q)

23 of the Controlled Substances Act (21 U.S.C.

24 848(q)) of defendants whose assets have been

25 seized in such forfeiture proceedings, to the ex-
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1 tent that such expenses of representation could

2 have been recovered through an order for pay3 ment or for reimbursement of the defender

4 services appropriation under section 3006A(f)

5 of title 18; and

6 ‘‘(iii) supervision by United States proba7 tion officers of offenders under home detention

8 or other forms of confinement outside of Bu9 reau of Prison facilities.

10 ‘‘(B) The amount to be transferred under sub11 paragraph (A)—

12 ‘‘(i) shall be an amount from the combined

13 fiscal year deposits into both the Fund and the

14 Department of Treasury Asset Forfeiture Fund

15 established by section 9703 of title 31 (here16 after referred to as ‘both Funds’), which

17 amount shall not exceed the statement of costs

18 incurred by the judiciary in providing the serv19 ices identified in subparagraph (A), as set forth

20 by the Director of the Administrative Office of

21 the United States Courts in a report to the At22 torney General and the Secretary of the Treas23 ury no later than 90 days after the end of the

24 fiscal year in which the expenses were incurred;

25 except that—
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1 ‘‘(I) the total amount to be trans2 ferred from both Funds shall not exceed

3 $50,000,000, or 10 percent of the total

4 combined deposits into both Funds, which5 ever is less;

6 ‘‘(II) the proportion of the amount

7 transferred from the Fund to the total

8 amount to be transferred shall be equal to

9 the proportion of the fiscal year deposits

10 into the Fund to the combined fiscal year

11 deposits in both Funds; and

12 ‘‘(III) the total amount to be trans13 ferred from both Funds may exceed the

14 limits set out in this subparagraph subject

15 to the discretion of the Attorney General

16 and the Secretary of the Treasury; and

17 ‘‘(ii) shall be paid from revenues deposited

18 into the Fund during the fiscal year in which

19 the expenses were incurred and are not required

20 to be specified in appropriations Acts.’’.

21 (b) TREASURY FORFEITURE FUND.—Section 9703

22 of title 31, United States Code, is amended—

23 (1) by redesignating subsection (p) as sub24 section (q); and
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1 (2) by inserting after subsection (o) the fol2 lowing:

3 ‘‘(p) TRANSFER TO THE FEDERAL JUDICIARY.—In

4 the fiscal year subsequent to the fiscal year in which this

5 subsection is enacted, and in each fiscal year thereafter,

6 an amount necessary to meet the transfer requirements

7 of section 524(c)(12) of title 28 shall be transferred to

8 the judiciary, and shall be subject to the same limitations,

9 terms, and conditions specified in that section for trans10 fers to the judiciary from the Department of Justice Asset

11 Forfeiture Fund.’’.

12 (c) CONFORMING AMENDMENT.—Section 1931(a) of

13 title 28, United States Code, is amended by inserting ‘‘or

14 other judicial services, including services provided under

15 section 3006A of title 18 or section 408(q) of the Con16 trolled Substances Act (21 U.S.C. 848(q))’’ after ‘‘courts

17 of the United States’’.

18 SEC. 104. TRANSFER OF RETIREMENT FUNDS.

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

20 amended by adding at the end the following:

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

22 election by a bankruptcy judge or a magistrate judge

23 under subsection (f) of this section, all of the accrued em24 ployer contributions and accrued interest on those con25 tributions made on behalf of the bankruptcy judge or mag-
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1 istrate judge to the Civil Service Retirement and Disability

2 Fund under section 8348 of title 5 shall be transferred

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

4 except that if the bankruptcy judge or magistrate judge

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

6 Annuities for Bankruptcy Judges and Magistrates Act of

7 1988 (Public Law 100–659), to receive a retirement annu8 ity under both this section and title 5, only the accrued

9 employer contributions and accrued interest on such con10 tributions, made on behalf of the bankruptcy judge or

11 magistrate judge for service credited under this section,

12 may be transferred.’’.

13 SEC. 105. INCREASE IN CHAPTER 9 BANKRUPTCY FILING

14 FEE.

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

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

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

18 chapter 11 of title 11. The amount by which the fee pay19 able under this paragraph exceeds $300 shall be deposited

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

21 SEC. 106. INCREASE IN FEE FOR CONVERTING A CHAPTER

22 7 OR CHAPTER 13 BANKRUPTCY CASE TO A

23 CHAPTER 11 BANKRUPTCY CASE.

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

25 of title 28, United States Code, is amended by striking
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1 ‘‘$400’’ and inserting ‘‘the amount equal to the difference

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

3 specified in paragraph (1)’’.

4 SEC. 107. BANKRUPTCY FEES.

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

6 amended by adding at the end the following:

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

8 States trustee region as defined in section 581 of

9 this title, the Judicial Conference of the United

10 States may require the debtor in a case under chap11 ter 11 of title 11 to pay fees equal to those imposed

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

13 be deposited as offsetting receipts to the fund estab14 lished under section 1931 of this title and shall re15 main available until expended.’’.

16 TITLE II—JUDICIAL PROCESS

17 IMPROVEMENTS

18 SEC. 201. EXTENSION OF STATUTORY AUTHORITY FOR

19 MAGISTRATE JUDGE POSITIONS TO BE ES20 TABLISHED IN THE DISTRICT COURTS OF

21 GUAM AND THE NORTHERN MARIANA IS22 LANDS.

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

24 amended—
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1 (1) by striking the first two sentences of sub2 section (a) and inserting the following: ‘‘The judges

3 of each United States district court and the district

4 courts of the Virgin Islands, Guam, and the North5 ern Mariana Islands shall appoint United States

6 magistrate judges in such numbers and to serve at

7 such locations within the judicial districts as the Ju8 dicial Conference may determine under this chapter.

9 In the case of a magistrate judge appointed by the

10 district court of the Virgin Islands, Guam, or the

11 Northern Mariana Islands, this chapter shall apply

12 as though the court appointing such a magistrate

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

14 (2) by inserting in the first sentence of para15 graph (1) of subsection (b) after ‘‘Commonwealth of

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

17 the Commonwealth of the Northern Mariana Is18 lands,’’.

19 SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

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

21 amended to read as follows:

22 ‘‘(e) CONTEMPT AUTHORITY.—

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

24 judge serving under this chapter shall have within

25 the territorial jurisdiction prescribed by the appoint-
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1 ment of such magistrate judge the power to exercise

2 contempt authority as set forth in this subsection.

3 ‘‘(2) SUMMARY CRIMINAL CONTEMPT AUTHOR4 ITY.—A magistrate judge shall have the power to

5 punish summarily by fine or imprisonment such con6 tempt of the authority of such magistrate judge con7 stituting misbehavior of any person in the mag8 istrate judge’s presence so as to obstruct the admin9 istration of justice. The order of contempt shall be

10 issued under the Federal Rules of Criminal Proce11 dure.

12 ‘‘(3) ADDITIONAL CRIMINAL CONTEMPT AU13 THORITY IN CIVIL CONSENT AND MISDEMEANOR

14 CASES.—In any case in which a United States mag15 istrate judge presides with the consent of the parties

16 under subsection (c) of this section, and in any mis17 demeanor case proceeding before a magistrate judge

18 under section 3401 of title 18, the magistrate judge

19 shall have the power to punish, by fine or imprison20 ment, criminal contempt constituting disobedience or

21 resistance to the magistrate judge’s lawful writ,

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

23 of such contempt shall be conducted upon notice and

24 hearing under the Federal Rules of Criminal Proce25 dure.
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1 ‘‘(4) CIVIL CONTEMPT AUTHORITY IN CIVIL

2 CONSENT AND MISDEMEANOR CASES.—In any case

3 in which a United States magistrate judge presides

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

5 of this section, and in any misdemeanor case pro6 ceeding before a magistrate judge under section

7 3401 of title 18, the magistrate judge may exercise

8 the civil contempt authority of the district court.

9 This paragraph shall not be construed to limit the

10 authority of a magistrate judge to order sanctions

11 under any other statute, the Federal Rules of Civil

12 Procedure, or the Federal Rules of Criminal Proce13 dure.

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

15 sentence imposed by a magistrate judge for any

16 criminal contempt provided for in paragraphs (2)

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

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

19 3571(b)(6) of title 18.

20 ‘‘(6) CERTIFICATION OF OTHER CONTEMPTS TO

21 THE DISTRICT COURT.—Upon the commission of any

22 such act—

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

24 magistrate judge presides with the consent of

25 the parties under subsection (c) of this section,
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1 or in any misdemeanor case proceeding before

2 a magistrate judge under section 3401 of title

3 18, that may, in the opinion of the magistrate

4 judge, constitute a serious criminal contempt

5 punishable by penalties exceeding those set

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

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

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

9 other statute, where—

10 ‘‘(i) the act committed in the mag11 istrate judge’s presence may, in the opin12 ion of the magistrate judge, constitute a

13 serious criminal contempt punishable by

14 penalties exceeding those set forth in para15 graph (5) of this subsection;

16 ‘‘(ii) the act that constitutes a crimi17 nal contempt occurs outside the presence

18 of the magistrate judge; or

19 ‘‘(iii) the act constitutes a civil con20 tempt,

21 the magistrate judge shall forthwith certify the facts

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

23 served, upon any person whose behavior is brought

24 into question under this paragraph, an order requir25 ing such person to appear before a district judge
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1 upon a day certain to show cause why that person

2 should not be adjudged in contempt by reason of the

3 facts so certified. The district judge shall thereupon

4 hear the evidence as to the act or conduct com5 plained of and, if it is such as to warrant punish6 ment, punish such person in the same manner and

7 to the same extent as for a contempt committed be8 fore a district judge.

9 ‘‘(7) APPEALS OF MAGISTRATE JUDGE CON10 TEMPT ORDERS.—The appeal of an order of con11 tempt under this subsection shall be made to the

12 court of appeals in cases proceeding under sub13 section (c) of this section. The appeal of any other

14 order of contempt issued under this section shall be

15 made to the district court.’’.

16 SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN

17 PETTY OFFENSE CASES AND MAGISTRATE

18 JUDGE AUTHORITY IN MISDEMEANOR CASES

19 INVOLVING JUVENILE DEFENDANTS.

20 (a) AMENDMENTS TO TITLE 18.—

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

22 of title 18, United States Code, is amended by strik23 ing ‘‘that is a class B misdemeanor charging a

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

25 infraction,’’ after ‘‘petty offense’’.
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1 (2) CASES INVOLVING JUVENILES.—Section

2 3401(g) of title 18, United States Code, is

3 amended—

4 (A) by striking the first sentence and in5 serting the following: ‘‘The magistrate judge

6 may, in a petty offense case involving a juve7 nile, exercise all powers granted to the district

8 court under chapter 403 of this title.’’;

9 (B) in the second sentence by striking

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

11 and inserting ‘‘the case of any misdemeanor,

12 other than a petty offense,’’; and

13 (C) by striking the last sentence.

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

15 title 28, United States Code, is amended by striking para16 graphs (4) and (5) and inserting in the following:

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

18 offense; and

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

20 A misdemeanor in a case in which the parties have

21 consented.’’.
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1 SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIRE2 MENTS.

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

4 amended in subsection (a) by striking the second para5 graph designated (24).

6 SEC. 205. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

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

8 amended—

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

10 following:

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

12 judges in regular active service or judges retired from reg13 ular active service under section 371(b) of this title may

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

15 a judicial council by a judge retired from regular active

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

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

18 or (C).’’; and

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

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

21 372(a) of this title,’’.

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

23 REDUCTION PLANS.

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

25 of 1990 (Public Law 101–650; 104 Stat. 5096; 28 U.S.C.
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1 471 note), as amended by Public Law 105–53 (111 Stat.

2 1173), is amended by inserting ‘‘471,’’ after ‘‘sections’’.

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

4 FEE.

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

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

7 chapter 165 of such title, are repealed.

8 SEC. 208. TECHNICAL BANKRUPTCY CORRECTION.

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

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

11 and inserting ‘‘1222(b)(9)’’.

12 SEC. 209. TECHNICAL AMENDMENT RELATING TO THE

13 TREATMENT OF CERTAIN BANKRUPTCY FEES

14 COLLECTED.

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

16 406(b) of the Departments of Commerce, Justice, and

17 State, the Judiciary, and Related Agencies Appropriations

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

19 U.S.C. 1931 note) is amended by striking ‘‘service enu20 merated after item 18’’ and inserting ‘‘service not of a

21 kind described in any of the items enumerated as items

22 1 through 7 and as items 9 through 18, as in effect on

23 November 21, 1989,’’.
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1 (b) APPLICATION OF AMENDMENT.—The amendment

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

3 collected before the date of enactment of this Act.

4 SEC. 210. MAXIMUM AMOUNTS OF COMPENSATION FOR AT5 TORNEYS.

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

7 is amended—

8 (1) in the first sentence—

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

10 ‘‘$5,200’’; and

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

12 ‘‘$1,500’’;

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

14 and inserting ‘‘$3,700’’;

15 (3) in the third sentence—

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

17 ‘‘$1,200’’; and

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

19 ‘‘$3,900’’;

20 (4) by inserting after the second sentence the

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

22 non-capital habeas corpus proceeding, the compensa23 tion for each attorney shall not exceed the amount

24 applicable to a felony in this paragraph for represen25 tation of a defendant before a judicial officer of the
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1 district court. For representation of such petitioner

2 in an appellate court, the compensation for each at3 torney shall not exceed the amount applicable for

4 representation of a defendant in an appellate

5 court.’’; and

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

7 inserting ‘‘$1,200’’.

8 SEC. 211. REIMBURSEMENT OF EXPENSES IN DEFENSE OF

9 CERTAIN MALPRACTICE ACTIONS.

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

11 is amended by striking the last sentence and inserting

12 ‘‘Attorneys may be reimbursed for expenses reasonably in13 curred, including the costs of transcripts authorized by the

14 United States magistrate or the court, and the costs of

15 defending actions alleging malpractice of counsel in fur16 nishing representational services under this section. No re17 imbursement for expenses in defending against mal18 practice claims shall be made if a judgment of malpractice

19 is rendered against the counsel furnishing representational

20 services under this section. The United States magistrate

21 or the court shall make determinations relating to reim22 bursement of expenses under this paragraph.’’.
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1 TITLE III—JUDICIAL PER2 SONNEL ADMINISTRATION,

3 BENEFITS, AND PROTEC4 TIONS

5 SEC. 301. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE6 MENT MATTERS.

7 (a) DIRECTOR OF ADMINISTRATIVE OFFICE.—Sec8 tion 611 of title 28, United States Code, is amended—

9 (1) in subsection (d), by inserting ‘‘a congres10 sional employee in the capacity of primary adminis11 trative assistant to a Member of Congress or in the

12 capacity of staff director or chief counsel for the ma13 jority or the minority of a committee or sub14 committee of the Senate or House of Representa15 tives,’’ after ‘‘Congress,’’;

16 (2) in subsection (b)—

17 (A) by striking ‘‘who has served at least

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

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

20 (B) in the first undesignated paragraph,

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

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

23 service,’’; and

24 (3) in subsection (c)—
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1 (A) by striking ‘‘served at least fifteen

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

3 service,’’; and

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

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

6 service,’’.

7 (b) DIRECTOR OF THE FEDERAL JUDICIAL CEN8 TER.—Section 627 of title 28, United States Code, is

9 amended—

10 (1) in subsection (e), by inserting ‘‘a congres11 sional employee in the capacity of primary adminis12 trative assistant to a Member of Congress or in the

13 capacity of staff director or chief counsel for the ma14 jority or the minority of a committee or sub15 committee of the Senate or House of Representa16 tives,’’ after ‘‘Congress,’’;

17 (2) in subsection (c)—

18 (A) by striking ‘‘who has served at least

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

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

21 (B) in the first undesignated paragraph,

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

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

24 service,’’; and

25 (3) in subsection (d)—
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1 (A) by striking ‘‘served at least fifteen

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

3 service,’’; and

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

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

6 service,’’.

7 SEC. 302. APPLICABILITY OF LEAVE PROVISIONS TO EM8 PLOYEES OF THE SENTENCING COMMISSION.

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

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

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

12 Awards), 63 (Leave), 81 (Compensation for Work Inju13 ries), 83 (Retirement), 85 (Unemployment Compensa14 tion), 87 (Life Insurance), and 89 (Health Insurance),

15 and subchapter VI of chapter 55 (Payment for accumu16 lated and accrued leave).’’.

17 (b) SAVINGS PROVISION.—Any leave that an indi18 vidual accrued or accumulated (or that otherwise became

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

20 United States Sentencing Commission and that remains

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

22 on and after such date, be treated as leave accrued or ac23 cumulated (or that otherwise became available to such in24 dividual) under chapter 63 of title 5, United States Code.
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1 SEC. 303. PAYMENTS TO MILITARY SURVIVORS BENEFITS

2 PLAN.

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

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

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

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

7 survivor’s benefits plan in connection with the retired

8 pay,’’.

9 SEC. 304. CREATION OF CERTIFYING OFFICERS IN THE JU10 DICIAL BRANCH.

11 (a) APPOINTMENT OF DISBURSING AND CERTIFYING

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

13 is amended by adding at the end the following:

14 ‘‘§ 613. Disbursing and certifying officers

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

16 designate in writing officers and employees of the judicial

17 branch of the Government, including the courts as defined

18 in section 610 other than the Supreme Court, to be dis19 bursing officers in such numbers and locations as the Di20 rector considers necessary. Such disbursing officers

21 shall—

22 ‘‘(1) disburse moneys appropriated to the judi23 cial branch and other funds only in strict accordance

24 with payment requests certified by the Director or in

25 accordance with subsection (b);
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1 ‘‘(2) examine payment requests as necessary to

2 ascertain whether they are in proper form, certified,

3 and approved; and

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

5 provided by law, except that such a disbursing offi6 cer shall not be held accountable or responsible for

7 any illegal, improper, or incorrect payment resulting

8 from any false, inaccurate, or misleading certificate

9 for which a certifying officer is responsible under

10 subsection (b).

11 ‘‘(b) CERTIFYING OFFICERS.—

12 ‘‘(1) IN GENERAL.—The Director may des13 ignate in writing officers and employees of the judi14 cial branch of the Government, including the courts

15 as defined in section 610 other than the Supreme

16 Court, to certify payment requests payable from ap17 propriations and funds. Such certifying officers shall

18 be responsible and accountable for—

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

20 facts recited in the certificate or other request

21 for payment or its supporting papers;

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

23 under the appropriation or fund involved; and

24 ‘‘(C) the correctness of the computations

25 of certified payment requests.
25

•S 2915 IS

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

2 officer shall be enforced in the same manner and to

3 the same extent as provided by law with respect to

4 the enforcement of the liability of disbursing and

5 other accountable officers. A certifying officer shall

6 be required to make restitution to the United States

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

8 payment resulting from any false, inaccurate, or

9 misleading certificates made by the certifying officer,

10 as well as for any payment prohibited by law or

11 which did not represent a legal obligation under the

12 appropriation or fund involved.

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

14 ‘‘(1) has the right to apply for and obtain a de15 cision by the Comptroller General on any question of

16 law involved in a payment request presented for cer17 tification; and

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

19 under this section in accordance with title 31.

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

21 in this section affects the authority of the courts with re22 spect to moneys deposited with the courts under chapter

23 129 of this title.’’.
26

•S 2915 IS

1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter 41 of title 28, United States Code, is

3 amended by adding at the end the following:

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

4 (c) RULE OF CONSTRUCTION.—The amendment

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

6 the hiring of any Federal officer or employee.

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

8 title 28, United States Code, is amended to read as fol9 lows:

10 ‘‘(8) Disburse appropriations and other funds

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

12 SEC. 305. AUTHORITY TO PRESCRIBE FEES FOR TECH13 NOLOGY RESOURCES IN THE COURTS.

14 (a) IN GENERAL.—Chapter 41 of title 28, United

15 States Code, (as amended by this Act) is amended by add16 ing at the end the following:

17 ‘‘§ 614. Authority to prescribe fees for technology re18 sources in the courts

19 ‘‘The Judicial Conference is authorized to prescribe

20 reasonable fees under sections 1913, 1914, 1926, 1930,

21 and 1932, for collection by the courts for use of informa22 tion technology resources provided by the judiciary for re23 mote access to the courthouse by litigants and the public,

24 and to facilitate the electronic presentation of cases. Fees

25 under this section may be collected only to cover the costs
27

•S 2915 IS

1 of making such information technology resources available

2 for the purposes set forth in this section. Such fees shall

3 not be required of persons financially unable to pay them.

4 All fees collected under this section shall be deposited in

5 the Judiciary Information Technology Fund and be avail6 able to the Director without fiscal year limitation to be

7 expended on information technology resources developed

8 or acquired to advance the purposes set forth in this sec9 tion.’’.

10 (b) CONFORMING AMENDMENT.—The table of sec11 tions for chapter 41 of title 28, United States Code, is

12 amended by adding at the end the following:

‘‘614. Authority to prescribe fees for technology resources in the courts.’’.

13 (c) TECHNICAL AMENDMENT.—Chapter 123 of title

14 28, United States Code, is amended—

15 (1) by redesignating the section 1932 entitled

16 ‘‘Revocation of earned release credit’’ as section

17 1933 and placing it after the section 1932 entitled

18 ‘‘Judicial Panel on Multidistrict Litigation’’; and

19 (2) in the table of sections by striking the 2

20 items relating to section 1932 and inserting the fol21 lowing:

‘‘1932. Judicial Panel on Multidistrict Litigation.

‘‘1933. Revocation of earned release credit.’’.
28

•S 2915 IS

1 SEC. 306. AMENDMENT TO THE JURY SELECTION PROCESS.

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

3 amended—

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

5 under supervision of the court if the court’s jury se6 lection plan so authorizes,’’ after ‘‘jury commis7 sion,’’; and

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

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

10 ‘‘may provide,’’.

11 SEC. 307. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR

12 THE FEDERAL CIRCUIT.

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

14 amended by adding at the end the following:

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

16 Federal Circuit may appoint a circuit executive, who shall

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

18 executive, the court shall take into account experience in

19 administrative and executive positions, familiarity with

20 court procedures, and special training. The circuit execu21 tive shall exercise such administrative powers and perform

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

23 delegated to the circuit executive may include the duties

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

25 duties are applicable to the Court of Appeals for the Fed26 eral Circuit.
29

•S 2915 IS

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

2 circuit executives established under subsection (f) of this

3 section.

4 ‘‘(3) The circuit executive may appoint, with the ap5 proval of the court, necessary employees in such number

6 as may be approved by the Director of the Administrative

7 Office of the United States Courts.

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

9 to be officers and employees of the United States within

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

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

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

13 title, but not both, or may appoint a combined circuit exec14 utive/clerk who shall be paid the salary of a circuit execu15 tive.’’.

16 SEC. 308. RESIDENCE OF RETIRED JUDGES.

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

18 amended by adding at the end the following:

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

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

21 where a retired judge maintains the actual abode in which

22 such judge customarily lives shall be deemed to be the

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

24 of this title.’’.
30

•S 2915 IS

1 SEC. 309. RECALL OF JUDGES ON DISABILITY STATUS.

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

3 amended—

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

5 (2) by adding at the end the following:

6 ‘‘(2) Any judge of the Court of Federal Claims receiv7 ing an annuity under section 178(c) of this title (per8 taining to disability) who, in the estimation of the chief

9 judge, has recovered sufficiently to render judicial service,

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

11 perform duties as a judge when recalled under subsection

12 (b) of this section.’’.

13 SEC. 310. PERSONNEL APPLICATION AND INSURANCE PRO14 GRAMS RELATING TO JUDGES OF THE COURT

15 OF FEDERAL CLAIMS.

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

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

18 following:

19 ‘‘§ 179. Personnel application and insurance pro20 grams

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

22 5, a judge of the United States Court of Federal Claims

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

24 of such title.
31

•S 2915 IS

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

2 89 of title 5, a judge of the United States Court of Federal

3 Claims who—

4 ‘‘(1) is retired under section 178(a) or (b) of

5 this title and performs recall service under section

6 178(d) of this title; and

7 ‘‘(2) was enrolled in a health benefits plan

8 under chapter 89 of title 5 at the time the judge be9 came a retired judge,

10 shall be deemed to be an annuitant meeting the require11 ments of section 8905(b)(1) of title 5, notwithstanding the

12 length of enrollment prior to the date of retirement.

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

14 87 of title 5, including any adjustment of insurance rates

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

16 Court of Federal Claims in regular active service or who

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

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

19 8701(a)(5) of title 5.’’.

20 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

23 section 179 and inserting the following:

‘‘179. Personnel application and insurance programs.’’.
32

•S 2915 IS

1 SEC. 311. LUMP-SUM PAYMENT FOR ACCUMULATED AND

2 ACCRUED LEAVE ON SEPARATION.

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

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

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

6 section 6301(2)(xiii) of this title, or elects’’.

7 SEC. 312. EMPLOYMENT OF PERSONAL ASSISTANTS FOR

8 HANDICAPPED EMPLOYEES.

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

10 amended—

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

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

13 the semicolon; and

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

15 ‘‘(C) an office, agency, or other establish16 ment in the judicial branch;’’.

17 SEC. 313. MANDATORY RETIREMENT AGE FOR DIRECTOR

18 OF THE FEDERAL JUDICIAL CENTER.

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

20 States Code, is amended—

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

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

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

24 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

25 Section 376 of title 28, United States Code, is amended—
33

•S 2915 IS

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

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

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

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

5 TITLE IV—FEDERAL PUBLIC

6 DEFENDERS

7 SEC. 401. TORT CLAIMS ACT AMENDMENT RELATING TO LI8 ABILITY OF FEDERAL PUBLIC DEFENDERS.

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

10 amended in the second undesignated paragraph—

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

12 (2) by striking the period at the end and insert13 ing the following: ‘‘, and (2) any officer or employee

14 of a Federal public defender organization, except

15 when such officer or employee performs professional

16 services in the course of providing representation

17 under section 3006A of title 18.’’.

Æ