I

106TH CONGRESS

1ST SESSION H. R. 1752

To make improvements in the operation and administration of the Federal

courts, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 11, 1999

Mr. COBLE (for himself and Mr. BERMAN) (both by request) introduced the

following bill; which was 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 1999’’.

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

7 this Act is as follows:

TITLE I—FEDERAL COURTS STUDY COMMITTEE

RECOMMENDATIONS

Sec. 101. Parties’ consent to bankruptcy judge’s findings and conclusions of

law.
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TITLE II—JUDICIAL FINANCIAL ADMINISTRATION

Sec. 201. Reimbursement of judiciary for civil and criminal forfeiture expenses.

Sec. 202. Transfer of retirement funds.

Sec. 203. Judiciary Information Technology Fund.

Sec. 204. Bankruptcy fees.

Sec. 205. Disposition of miscellaneous fees.

Sec. 206. Repeal of statute setting Court of Federal Claims filing fee.

Sec. 207. Renumbering of Bankruptcy Court fee schedule.

Sec. 208. Increase in fee for converting a Chapter 7 or Chapter 13 bankruptcy

case to a Chapter 11 bankruptcy case.

Sec. 209. Increase in Chapter 9 Bankruptcy filing fee.

Sec. 210. Creation of certifying officers in the judicial branch.

Sec. 211. Fee authority for technology resources in the courts.

TITLE III—JUDICIAL PROCESS IMPROVEMENTS

Sec. 301. Removal of cases under the Employee Retirement Income Security

Act.

Sec. 302. Elimination of in-state plaintiff diversity jurisdiction.

Sec. 303. Extension of statutory authority for magistrate judge positions to be

established in the district courts of Guam and the Northern

Mariana Islands.

Sec. 304. Bankruptcy administrator authority to appoint trustees, examiners

and committee of creditors.

Sec. 305. Magistrate judge contempt authority.

Sec. 306. Consent to magistrate judge authority in petty offense cases and

magistrate judge authority in misdemeanor cases involving juvenile defendants.

Sec. 307. Savings and loan data reporting requirements.

Sec. 308. Place of holding court in the eastern district of Texas.

Sec. 309. Federal substance abuse treatment program reauthorization.

Sec. 310. Multidistrict Litigation.

Sec. 311. Membership in circuit judicial councils.

Sec. 312. Sunset of Civil Justice Expense and Delay Reduction Plans.

Sec. 313. Technical Bankruptcy Correction.

TITLE IV—JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS,

AND PROTECTIONS

Sec. 401. Judicial retirement matters.

Sec. 402. Disability retirement and cost-of-living adjustments of annuities for

territorial judges.

Sec. 403. Federal Judicial Center personnel matters.

Sec. 404. Judicial administrative officials retirement matters.

Sec. 405. Judges’ firearms training.

Sec. 406. Deletion of automatic excuse from jury duty service for members of

the armed services, members of fire and police departments,

and public officers.

Sec. 407. Expanded Workers’ Compensation coverage for jurors.

Sec. 408. Property damage, theft, and loss claims of jurors.

Sec. 409. Elimination of the public drawing requirements for selection of juror

wheels.

Sec. 410. Annual leave limit for court unit executives.

Sec. 411. Payments to Military Survivor Benefit Plan.

Sec. 412. Authorization of a circuit executive for the Federal circuit.
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Sec. 413. Amendment to the jury selection process.

Sec. 414. Supplemental attendance fee for petit jurors serving on lengthy trials.

TITLE V—CRIMINAL JUSTICE ACT AMENDMENTS

Sec. 501. Maximum amounts of compensation for attorneys.

Sec. 502. Maximum amounts of compensation for services other than counsel.

Sec. 503. Tort Claims Act amendments relating to liability of Federal public

defenders.

1 TITLE I—FEDERAL COURTS STUDY

2 COMMITTEE RECOMMENDATIONS

3 SEC. 101. PARTIES’ CONSENT TO BANKRUPTCY JUDGE’S

4 FINDINGS AND CONCLUSIONS OF LAW.

5 Section 157(c)(1) of title 28, United States Code, is

6 amended to read as follows:

7 ‘‘(c)(1) A bankruptcy judge may hear a proceeding

8 that is not a core proceeding but that is otherwise related

9 to a case under title 11. In such proceeding, the bank10 ruptcy judge shall submit proposed findings of fact and

11 conclusions of law to the district court, and any final order

12 or judgment shall be entered by the district judge after

13 considering the bankruptcy judge’s proposed findings and

14 conclusions and after reviewing de novo those matters to

15 which any party has timely and specifically objected. A

16 party shall be deemed to consent to the findings of fact

17 and conclusions of law submitted by a bankruptcy judge

18 unless the party files a timely objection. If a timely objec19 tion is not filed, the proposed findings of fact and conclu20 sions of law submitted by the bankruptcy judge shall be-
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1 come final and the bankruptcy judge shall enter an appro2 priate order thereon.’’.

3 TITLE II—JUDICIAL FINANCIAL

4 ADMINISTRATION

5 SEC. 201. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND

6 CRIMINAL FORFEITURE EXPENSES.

7 (a) Section 524(c) of title 28, United States Code,

8 is amended—

9 (1) by inserting after paragraph ‘‘(11)’’ the fol10 lowing paragraph ‘‘(12)’’:

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

12 fiscal year in which this act is enacted and each fis13 cal year thereafter, an amount as specified in sub14 paragraph (9)(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, pursuant to the provi22 sions of 18 U.S.C. § 3006A, or 21 U.S.C.

23 § 848(q) of defendants whose assets have been

24 seized in such forfeiture proceedings, to the ex25 tent that such expenses of representation could
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1 have been recovered through an order for pay2 ment or for reimbursement of the Defender

3 Services appropriation pursuant to 18 U.S.C.

4 § 3006A(f); and

5 ‘‘(iii) supervision by United States proba6 tion officers of offenders under home detention

7 or other forms of confinement outside of Bu8 reau of Prison facilities.

9 ‘‘(B) The amount to be transferred—

10 ‘‘(i) shall be a portion of the total amount

11 to be transferred from the combined fiscal year

12 deposits into both the Fund and the Depart13 ment of Treasury Asset Forfeiture Fund estab14 lished by section 9703 of title 31, United States

15 Code (hereafter referred to as ‘both Funds’),

16 which total amount shall not exceed the state17 ment of costs incurred by the Judiciary in pro18 viding the services identified in subparagraph

19 (A), as set forth by the Director of the Admin20 istrative Office of the United States Courts in

21 a report to the Attorney General and the Sec22 retary of the Treasury no later than 90 days

23 after the end of the fiscal year in which the ex24 penses were incurred; except that (I) provided

25 that the total amount to be transferred from
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1 both Funds shall not exceed $50,000,000, or 10

2 percent of the total combined deposits into both

3 Funds, whichever is less; (II) the proportion of

4 the amount transferred from the Fund to the

5 total amount to be transferred shall be equal to

6 the proportion of the fiscal year deposits into

7 the Fund to the combined fiscal year deposits

8 in both Funds; (III) the total amount to be

9 transferred from both Funds may exceed the

10 limits set out in this subparagraph subject to

11 the discretion of the Attorney General and the

12 Secretary of the Treasury.

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

14 into the Fund during the fiscal year in which

15 the expenses were incurred and are not required

16 to be specified in appropriations acts.’’.

17 (b) TREASURY FORFEITURE FUND.—Section 9703

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

19 (1) by redesignating subsection ‘‘(p)’’ as sub20 section ‘‘(q)’’; and

21 (2) by inserting after subsection ‘‘(o)’’ the fol22 lowing new subsection ‘‘(p)’’:

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

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

25 Act is enacted and each fiscal year thereafter, an amount
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1 necessary to meet the transfer requirements of section

2 524(c)(9) of title 28, United States Code, shall be trans3 ferred to the Judiciary, and shall be subject to the same

4 limitations, terms, and conditions specified in that section

5 for transfers to the Judiciary from the Department of Jus6 tice Asset Forfeiture Fund.’’.

7 (c) Section 1931(a) of title 28 is amended by insert8 ing ‘‘or other judicial services including services provided

9 pursuant to 18 U.S.C. § 3006A, or 21 U.S.C. § 848(q)’’

10 after ‘‘courts of the United States.’’.

11 (d) CONFORMING AMENDMENT.—Section 1931(a) of

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

13 other judicial services, including services provided pursu14 ant to section 3006A of title 18 or section 408(q) of the

15 Controlled Substances Act (21 U.S.C. 848(q))’’ after

16 ‘‘courts of the United States.’’.

17 SEC. 202. TRANSFER OF RETIREMENT FUNDS.

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

19 amended by adding at the end thereof the following new

20 subsection:

21 ‘‘(p) Upon election by a bankruptcy judge or a mag22 istrate judge under subsection (f) of this section, all of

23 the accrued employer contributions and accrued interest

24 on those contributions made on behalf of the bankruptcy

25 judge or magistrate judge to the Civil Service Retirement
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1 and Disability Fund as defined under section 8348 of title

2 5, United States Code, shall be transferred to the fund

3 established under section 1931 of this title except that if

4 the bankruptcy judge or magistrate judge elects under sec5 tion 2(c) of the Retirement and Survivor’s Annuities for

6 Bankruptcy Judges and Magistrates Act of 1988, Public

7 Law 100–659, to receive a retirement annuity under both

8 this section and title 5, United States Code, only the ac9 crued employer contributions and accrued interest on such

10 contributions made on behalf of the bankruptcy judge or

11 magistrate judge for service credited under this section

12 may be transferred.’’.

13 SEC. 203. JUDICIARY INFORMATION TECHNOLOGY FUND.

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

15 amended—

16 (1) by striking ‘‘equipment’’ each place it ap17 pears and inserting ‘‘resources’’;

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

19 subsequent subsections accordingly;

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

21 striking paragraph (3); and

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

23 (A) by striking ‘‘Judiciary’’ and inserting

24 ‘‘judiciary’’;
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1 (B) by striking ‘‘subparagraph (c)(1)(B)’’

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

3 (C) by striking ‘‘under (c)(1)(B)’’ and in4 serting ‘‘under subsection (c)(1)(B)’’.

5 SEC. 204. BANKRUPTCY FEES.

6 Subsection (a) of section 1930 of title 28, United

7 States Code, is amended by adding the following new sub8 section:

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

10 States trustee region as defined in section 581 of

11 this title, the Judicial Conference of the United

12 States may require the debtor in a case under chap13 ter 11 of title 11 to pay fees equal to those imposed

14 by paragraph 6 of this subsection. Such fees shall

15 be deposited as offsetting receipts to the fund estab16 lished under section 1931 of this title and shall re17 main available until expended.’’.

18 SEC. 205. DISPOSITION OF MISCELLANEOUS FEES.

19 For fiscal year 2000 and thereafter, any portion of

20 miscellaneous fees collected as prescribed by the Judicial

21 Conference of the United States pursuant to sections

22 1913, 1914(b), 1926(a), 1930(b), and 1932 of title 28,

23 United States Code exceeding the amount of such fees es24 tablished on the date of enactment of this provision shall
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1 be deposited into the special fund of the Treasury estab2 lished under section 1931 of title 28, United States Code.

3 SEC. 206. REPEAL OF STATUTE SETTING COURT OF FED4 ERAL CLAIMS FILING 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. 207. RENUMBERING OF BANKRUPTCY COURT FEE

9 SCHEDULE.

10 Section 406(b) of the Departments of Commerce,

11 Justice, and State, the Judiciary, and Related Agencies

12 Appropriations Act, 1990 (Public Law 101–162; 103 Stat.

13 1016) is amended in the first sentence by striking ‘‘for

14 any service enumerated after item 18’’ and inserting ‘‘for

15 any fee implemented after November 21, 1989’’.

16 SEC. 208. INCREASE IN FEE FOR CONVERTING A CHAPTER

17 7 OR CHAPTER 13 BANKRUPTCY CASE TO A

18 CHAPTER 11 BANKRUPTCY CASE.

19 (a) CONVERSION FEE INCREASE.—Section 1930(a)

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

21 ‘‘$400’’ at the end of subsection (6) and inserting in lieu

22 thereof: ‘‘an amount equal to the difference between the

23 filing fee paid under the original chapter and the amount

24 of the filing fee prescribed in section 1930(a)(3) of title

25 28, for filing a case under chapter 11’’.
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1 SEC. 209. INCREASE IN CHAPTER 9 BANKRUPTCY FILING

2 FEE.

3 (a) FILING FEE INCREASE.—Section 1930(a)(2) of

4 title 28, United States Code, is amended by striking

5 ‘‘$300’’ and inserting in lieu thereof ‘‘the same amount

6 as the filing fee prescribed in section 1930(a)(3) of title

7 28, for filing a case under chapter 11. Any portion of the

8 fee exceeding $300 shall be deposited into the special fund

9 of the Treasury established under section 1931 of title 28,

10 United States Code’’.

11 SEC. 210. CREATION OF CERTIFYING OFFICERS IN THE JU12 DICIAL BRANCH.

13 (a) APPOINTMENT OF DISBURSING AND CERTIFYING

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

15 is amended by adding at the end the following new section:

16 ‘‘§ 613. Disbursing and certifying officers

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

18 designate in writing officers and employees of the judicial

19 branch of the Government, including the courts as defined

20 in section 610 other than the Supreme Court, to be dis21 bursing officers in such numbers and locations as the Di22 rector considers necessary. Such dispersing officers

23 shall—

24 ‘‘(1) disburse moneys appropriated to the judi25 cial branch and other funds only in strict accordance
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1 with payment requests certified by the Director or in

2 accordance with subsection (b);

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

4 ascertain whether they are in proper form, certified,

5 and approved; and

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

7 provided by law, except such a disbursing officer

8 shall not be held accountable or responsible for any

9 illegal, improper, or incorrect payment resulting

10 from any false, inaccurate, or misleading certificate

11 for which a certifying officer is responsible under

12 subsection (b).

13 ‘‘(b) CERTIFYING OFFICERS.—(1) The Director may

14 designate in writing officers and employees of the judicial

15 branch of the Government, including the courts as defined

16 in section 610 other than the Supreme Court, to certify

17 payment requests payable from appropriations and funds.

18 These certifying officers shall be responsible and account19 able for—

20 ‘‘(A) the existence and correctness of the facts

21 recited in the certificate or other request for pay22 ment or its supporting papers;

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

24 under the appropriation or fund involved; and
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1 ‘‘(C) the correctness of the computations of cer2 tified payment requests.

3 ‘‘(2) The liability of a certifying officer shall be en4 forced in the same manner and to the same extent as pro5 vided by law with respect to the enforcement of the liabil6 ity of disbursing and other accountable officers. A certi7 fying officer shall be required to make restitution to the

8 United States for the amount of any illegal, improper, or

9 incorrect payment resulting from any false, inaccurate, or

10 misleading certificates made by the certifying officer, as

11 well as for any payment prohibited by law or which did

12 not represent a legal obligation under the appropriation

13 or fund involved.

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

15 ‘‘(1) has the right to apply for and obtain a de16 cision by the Comptroller General on any question of

17 law involved in a payment request presented for cer18 tification; and

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

20 under this section in accordance with title 31.

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

22 in this section affects the authority of the courts with re23 spect to moneys deposited with the courts under chapter

24 129 of this title.’’.
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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 item:

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

4 (c) DUTIES OF DIRECTOR.—Paragraph (8) of sub5 section (a) of section 604 of title 28, United States Code,

6 is amended to read as follows:

7 ‘‘(8) Disburse appropriations and other funds

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

9 SEC. 211. FEE AUTHORITY FOR TECHNOLOGY RESOURCES

10 IN THE COURTS.

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

12 States Code is amended by adding at the end the fol13 lowing:

14 ‘‘§ 614. Authority to prescribe fees for technology re15 sources in the courts

16 ‘‘The Judicial Conference is authorized to prescribe

17 reasonable fees pursuant to sections 1913, 1914, 1926,

18 1930, and 1932, for use of information technology re19 sources provided by the judiciary to improve the efficiency

20 of and access to the courts. Fees collected pursuant to

21 this section are to be deposited in the Judiciary Informa22 tion Technology Fund to be available to the Director with23 out fiscal year limitation for reinvestment in information

24 technology resources which will advance the purposes of

25 this section.’’.
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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 new item:

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

4 TITLE III—JUDICIAL PROCESS

5 IMPROVEMENTS

6 SEC. 301. REMOVAL OF CASES UNDER THE EMPLOYEE RE7 TIREMENT INCOME SECURITY ACT.

8 Section 1445 of title 28, United States Code is

9 amended by adding a new subsection:

10 ‘‘(e) A civil action in any State court may not be re11 moved to any district court of the United States solely

12 on the basis of concurrent jurisdiction over a claim under

13 section 1132(a)(1)(B) of title 29.’’.

14 SEC. 302. ELIMINATION OF IN-STATE PLAINTIFF DIVERSITY

15 JURISDICTION.

16 Section 1332 of title 28, United States Code is

17 amended by redesignating existing subsection (d) as sub18 section (e), and by adding a new subsection (d) as follows:

19 ‘‘(d) The original jurisdiction of the district courts

20 otherwise conferred by this section may not be invoked if

21 any plaintiff joined in the complaint is a citizen of the

22 State in which is located the district court in which the

23 suit is filed. For purposes of this subsection only, the Dis24 trict of Wyoming shall be deemed located solely within the

25 State of Wyoming. This subsection does not apply to or
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1 limit the applicability of the right of removal under section

2 1441(a) of an action that would otherwise be within the

3 original jurisdiction of the district courts.’’.

4 SEC. 303. EXTENSION OF STATUTORY AUTHORITY FOR

5 MAGISTRATE JUDGE POSITIONS TO BE ES6 TABLISHED IN THE DISTRICT COURTS OF

7 GUAM AND THE NORTHERN MARIANA IS8 LANDS.

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

10 amended—

11 (1) by striking the first two sentences of sub12 section (a) and inserting in lieu thereof the fol13 lowing: ‘‘The judges of each United States district

14 court and the district courts of the Virgin Islands,

15 Guam, and the Northern Mariana Islands shall ap16 point United States magistrate judges in such num17 bers and to serve at such locations within the judi18 cial districts as the Conference may determine under

19 this chapter. In the case of a magistrate judge ap20 pointed by the district court of the Virgin Islands,

21 Guam, or the Northern Mariana Islands, this chap22 ter shall apply as though the court appointing such

23 a magistrate judge were a United States district

24 court.’’; and
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1 (2) by inserting in the first sentence of para2 graph (1) of subsection (b) after ‘‘Commonwealth of

3 Puerto Rico,’’ the language ‘‘the Territory of Guam,

4 the Commonwealth of the Northern Mariana Is5 lands,’’.

6 SEC. 304. BANKRUPTCY ADMINISTRATOR AUTHORITY TO

7 APPOINT TRUSTEES, EXAMINERS AND COM8 MITTEE OF CREDITORS.

9 (a) APPOINTMENT OF TRUSTEES.—Until the amend10 ments made by subtitle A of title II of the Bankruptcy

11 Judges, United States Trustees, and Family Farmer

12 Bankruptcy Act of 1986 (28 U.S.C. § 581 note; Public

13 Law 99–554; 100 Stat. 3123) become effective in a judi14 cial district and apply to a case, a bankruptcy adminis15 trator appointed to serve in the district pursuant to sec16 tion 302(d)(3)(I) of the Act, as amended by section 317(a)

17 of the Federal Courts Study Committee Implementation

18 Act of 1990 (Public Law 101–650; 104 Stat. 5115) shall

19 appoint the trustees, examiners, and standing trustees

20 notwithstanding the references in those sections of title

21 11 of appointments by the court.

22 (b) STANDING TRUSTEES.—A bankruptcy adminis23 trator who has appointed a standing trustee pursuant to

24 subsection (a) of this section shall fix the standing trust25 ee’s maximum annual compensation and percentage fee,
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1 subject to the limitations set out in sections 1202 and

2 1302 of title 11 as amended by section 110 of the Federal

3 Employee Pay Comparability Act of 1990, Public Law

4 101–509, 104 Stat. 1427, 1452. The bankruptcy adminis5 trator shall fix the maximum annual compensation and

6 percentage fee notwithstanding the references in those sec7 tions of title 11 of the court’s authority to fix them.

8 (c) SERVICE AS TRUSTEE.—A bankruptcy adminis9 trator may serve as and perform the duties of a trustee

10 in a case under chapter 7 of title 11 if none of the mem11 bers of the panel of private trustees is disinterested and

12 willing to serve as trustee in the case. The bankruptcy ad13 ministrator may serve as and perform the duties of a

14 trustee of a trustee or standing trustee in cases under

15 chapter 12 or chapter 13 of title 11 if necessary.

16 (d) APPOINTMENT OF COMMITTEES.—Until the

17 amendments made by subtitle A of title II of the Bank18 ruptcy Judges, United States Trustees and Family Farm19 er Bankruptcy Act of 1986 become effective in a judicial

20 district and apply to a case, the bankruptcy administrator

21 appointed to serve in the district shall appoint the commit22 tees of creditors and equity security holders provided in

23 section 1102 of title 11. The bankruptcy administrator

24 shall appoint the committees notwithstanding the ref-
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1 erences in those sections of title 11 to appointments by

2 the court.

3 SEC. 305. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

4 Section 636(e) of the Federal Magistrates Act (28

5 U.S.C. § 636) is amended to read as follows:

6 ‘‘(1) CONTEMPT AUTHORITY.—A United States

7 magistrate judge serving under this chapter shall

8 have within the territorial jurisdiction prescribed by

9 his or her appointment the power to exercise con10 tempt authority as set forth in this subsection.

11 ‘‘(2) SUMMARY CRIMINAL CONTEMPT AUTHOR12 ITY.—A magistrate judge shall have the power to

13 punish summarily by fine or imprisonment such con14 tempt of his or her authority constituting mis15 behavior of any person in the magistrate judge’s

16 presence so as to obstruct the administration of jus17 tice. The order of contempt shall be issued pursuant

18 to Federal Rules of Criminal Procedure.

19 ‘‘(3) ADDITIONAL CRIMINAL CONTEMPT AU20 THORITY IN CIVIL CONSENT AND MISDEMEANOR

21 CASES.—In any case in which a United States mag22 istrate judge presides with the consent of the parties

23 under subsection (c) of this section, and in any mis24 demeanor case proceeding before a magistrate judge

25 under section 3401 of title 18, the magistrate judge
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1 shall have the power to punish by fine or imprison2 ment such criminal contempt constituting disobe3 dience or resistance to the magistrate judge’s lawful,

4 writ, process, order, rule, decree, or command. Dis5 position of such contempt shall be conducted upon

6 notice and hearing pursuant to the Federal Rules of

7 Criminal Procedure.

8 ‘‘(4) CIVIL CONTEMPT AUTHORITY IN CIVIL

9 CONSENT AND MISDEMEANOR CASES.—In any case

10 in which a United States magistrate judge presides

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

12 of this section, and in any misdemeanor case pro13 ceeding before a magistrate judge under section

14 3401 of title 18, the magistrate judge may exercise

15 the civil contempt authority of the district court.

16 This paragraph shall not be construed to limit the

17 authority of a magistrate judge to order sanctions

18 pursuant to any other statute, the Federal Rules of

19 Civil Procedure, or the Federal Rules of Criminal

20 Procedure.

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

22 sentence imposed by a magistrate judge for any

23 criminal contempt set forth in paragraphs (2) and

24 (3) of this subsection shall not exceed the penalties
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1 for a Class C misdemeanor as set forth in sections

2 3581(b)(8) and 3571(b)(6) of title 18.

3 ‘‘(6) CERTIFICATION OF OTHER CONTEMPTS TO

4 THE DISTRICT COURT.—Upon the commission of any

5 act—

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

7 magistrate judge presides with the consent of

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

9 or in any misdemeanor case proceeding before

10 a magistrate judge under section 3401 of title

11 18, that may, in the opinion of the magistrate

12 judge, constitute a serious criminal contempt

13 punishable by penalties exceeding those set

14 forth in subsection (5) of this section, or

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

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

17 other statute, where—

18 ‘‘(i) the act committed in the mag19 istrate judge’s presence may, in the opin20 ion of the magistrate judge, constitute a

21 serious criminal contempt punishable by

22 penalties exceeding those set forth in sub23 section (5) of this subsection; or
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1 ‘‘(ii) the act that constitutes a crimi2 nal contempt occurs outside the presence

3 of the magistrate judge, or

4 ‘‘(iii) the act constitutes a civil con5 tempt,

6 the magistrate judge shall forthwith certify the

7 facts of a district judge and may serve or cause

8 to be served upon any person whose behavior is

9 brought into question under this paragraph an

10 order requiring such person to appear before a

11 district judge upon a day certain to show cause

12 why he or she should not be adjudged in con13 tempt by reason of the facts so certified. The

14 district judge shall thereupon hear the evidence

15 as to the act of conduct complained of and, if

16 it is such as to warrant punishment, punish

17 such person in the same manner and to the

18 same extent as for a contempt committed before

19 a district judge.

20 ‘‘(7) APPEALS OF MAGISTRATE JUDGE CON21 TEMPT ORDERS.—The appeal of an order of con22 tempt issued pursuant to this section shall be made

23 to the court of appeals in cases proceeding under

24 subsection (c) of this section. The appeal of any
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1 other order to contempt issued pursuant to this sec2 tion shall be made to the district court.’’.

3 SEC. 306. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN

4 PETTY OFFENSE CASES AND MAGISTRATE

5 JUDGE AUTHORITY IN MISDEMEANOR CASES

6 INVOLVING JUVENILE DEFENDANTS.

7 (a) AMENDMENTS TO TITLE 18.—

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

9 of title 28, United States Code, is amended by strik10 ing ‘‘that is a class B misdemeanor charging a

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

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

13 (2) CASES INVOLVING JUVENILES.—Section

14 3401(g) of title 18, United States Code, is amended:

15 (A) by striking the first sentence and in16 serting in lieu thereof the following: ‘‘The mag17 istrate judge may, in a petty offense case in18 volving a juvenile, exercise all powers granted to

19 the district court under chapter 403 of this

20 title.’’;

21 (B) by striking in the second sentence the

22 phrase ‘‘any other class B or C misdemeanor

23 case’’ and inserting ‘‘the case of any mis24 demeanor, other than a petty offense,’’; and

25 (C) by striking the last sentence.
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1 (b) AMENDMENTS TO TITLE 28.—Section 636(a) of

2 title 28, United States Code, is amended by striking para3 graphs (4) and (5) and inserting the following:

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

5 offense; and

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

7 A misdemeanor in a case in which the parties have

8 consented.’’.

9 SEC. 307. SAVINGS AND LOAN DATA REPORTING REQUIRE10 MENTS.

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

12 amended in subsection (a) by striking the second para13 graph designated (24).

14 SEC. 308. PLACE OF HOLDING COURT IN THE EASTERN DIS15 TRICT OF TEXAS.

16 (a) TEXAS.—The second sentence of section

17 124(c)(3) of title 28, United States Code, is amended by

18 inserting ‘‘and Plano’’ after ‘‘held at Sherman’’.

19 (b) TEXARKANA.—Sections 83(b)(1) and 124(c)(6)

20 of title 28, United States Code, are amended by adding

21 to the end of the last sentence: ‘‘, and may be held any22 where within the Federal courthouse in Texarkana that

23 is located astride the State line between Texas and Arkan24 sas’’.
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1 SEC. 309. FEDERAL SUBSTANCE ABUSE TREATMENT PRO2 GRAM REAUTHORIZATION.

3 Section 4(a) of the Contract Services for Drug De4 pendent Federal Offenders Treatment Act of 1978 (Public

5 Law 95–537; 93 Stat. 2038), as amended, is amended by

6 striking all that follows ‘‘there are authorized to be appro7 priated’’ and inserting in lieu thereof ‘‘for fiscal year 2000

8 and each fiscal year thereafter such sums as may be nec9 essary to carry out this Act.’’.

10 SEC. 310. MULTIDISTRICT LITIGATION.

11 (a) Section 1407 of title 28, United States Code, is

12 amended—

13 (1) in subsection (a) after ‘‘terminated’’ by in14 serting ‘‘or ordered transferred by the transferee

15 judge to the transferee or other district under sub16 section (i) of this section’’; and

17 (2) by adding at the end the following new sub18 section:

19 ‘‘(i) Any action transferred under this section by the

20 panel may be transferred by the transferee judge for trial

21 purposes to the transferee or other district in the interest

22 of justice and for the convenience of the parties and wit23 nesses.’’.

24 (b) The amendments made by this section shall apply

25 to any civil action pending on or after the date of enact26 ment of this Act.
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1 SEC. 311. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

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

3 amended in subsection (a)—

4 (1) by striking out paragraph (3) and inserting

5 in lieu thereof the following:

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

7 either judges in regular active service or judges re8 tired from regular active service under section

9 371(b) of this title may serve as members of the

10 council.’’; and

11 (2) by striking out ‘‘retirement,’’ in paragraph

12 (5) and inserting in lieu thereof ‘‘retirement pursu13 ant to section 371(a) or section 372(a) of this

14 title,’’.

15 SEC. 312. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY

16 REDUCTION PLANS.

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

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

19 471 note), as amended by Public Law 105–53 (111 Stat.

20 1173), is amended by inserting ‘‘471,’’ after ‘‘sections’’.

21 SEC. 313. 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 TITLE IV—JUDICIAL PERSONNEL ADMIN2 ISTRATION, BENEFITS, AND PROTEC3 TIONS

4 SEC. 401. JUDICIAL RETIREMENT MATTERS.

5 (a) Section 371 of title 28, United States Code, is

6 amended—

7 (1) in subsection (a) by inserting ‘‘(1)’’ after

8 ‘‘subsection (c)’’;

9 (2) in subsection (b)(1) by inserting ‘‘(2)’’ after

10 ‘‘subsection (c)’’; and

11 (3) in subsection (c)—

12 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’;

13 (B) by striking out ‘‘this section’’ and in14 serting in lieu thereof ‘‘subsection (a)’’; and

15 (C) by adding at the end of that subsection

16 the following new paragraph:

17 ‘‘(2) The age and service requirements for re18 tirement under subsection (b)(1) are as follows:

‘‘Attained age: Years of service:

60 ....................................................................................................... 20

61 ....................................................................................................... 19

62 ....................................................................................................... 18

63 ....................................................................................................... 17

64 ....................................................................................................... 16

65 ....................................................................................................... 15

66 ....................................................................................................... 14

67 ....................................................................................................... 13

68 ....................................................................................................... 12

69 ....................................................................................................... 11

70 ....................................................................................................... 10’’.
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1 SEC. 402. DISABILITY RETIREMENT AND COST-OF-LIVING

2 ADJUSTMENTS OF ANNUITIES FOR TERRI3 TORIAL JUDGES.

4 Section 373 of title 28, is amended—

5 (1) by amending subsection (c)(4) to read as

6 follows—

7 ‘‘(4) Any senior judge performing judicial du8 ties pursuant to recall under paragraph (2) of this

9 subsection shall be paid, while performing such du10 ties, the same compensation (in lieu of the annuity

11 payable under this section) and the same allowances

12 for travel and other expenses as a judge on active

13 duty with the court being served.’’;

14 (2) by amending subsection (e) to read—

15 ‘‘(e)(1) any judge of the District Court of Guam, the

16 District Court of the Northern Mariana Islands, or the

17 District Court of the Virgin Islands who is not reappointed

18 (as judge of such court) shall be entitled, upon attaining

19 the age of sixty-five years or upon relinquishing office if

20 the judge is then beyond the age of sixty-five years—

21 ‘‘(A) if the judicial service of such judge, con22 tinuous or otherwise, aggregates fifteen years or

23 more, to receive during the remainder of such

24 judge’s life an annuity equal to the salary received

25 when the judge left office, or
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1 ‘‘(B) if such judicial service, continuous or oth2 erwise, aggregated less then fifteen years, to receive

3 during the remainder of such judge’s life an annuity

4 equal to that proportion of such salary which the ag5 gregate number of such judge’s years of service

6 bears to fifteen.

7 ‘‘(2) Any judge of the District Court of Guam, the

8 District Court of the Northern Mariana Islands, or the

9 District Court of the Virgin Islands who has served at

10 least five years, continuously or otherwise, and who retires

11 or is removed upon the sole ground of mental or physical

12 disability, shall be entitled to receive during the remainder

13 of such judge’s life an annuity equal to 40 percent of the

14 salary received when the judge left office or, in the case

15 of a judge who has served at least ten years, continuously

16 or otherwise, an annuity equal to that proportion of such

17 salary which the aggregate number of such judge’s years

18 of judicial service bears to fifteen.’’; and

19 (3) amending subsection (g) to read—

20 ‘‘(g) Any retired judge who is entitled to receive an

21 annuity under this section shall be entitled to a cost-of22 living adjustment in the amount computed as specified in

23 section 8340(b) of title 5, except that in no case may the

24 annuity payable to such retired judge, as increased under

25 this subsection, exceed the salary of a judge in regular
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1 active service with the court on which the retired judge

2 served before retiring.’’.

3 SEC. 403. FEDERAL JUDICIAL CENTER PERSONNEL MAT4 TERS.

5 Section 625 of title 28, United States Code, is

6 amended—

7 (1) in subsection (b)—

8 (A) by striking ‘‘, United States Code,’’;

9 (B) by striking ‘‘pay rates, section 5316,

10 title 5, United States Code’’ and inserting

11 ‘‘under section 5316 of title 5, except that the

12 Director may fix the compensation of 4 posi13 tions of the Center at a level not to exceed the

14 annual rate of pay in effect for level IV of the

15 Executive Schedule under section 5315 of title

16 5’’; and

17 (C) by striking ‘‘the Civil Service’’ and all

18 that follows through ‘‘Code’’ and inserting

19 ‘‘subchapter III of chapter 83 of title 5 shall be

20 adjusted pursuant to the provisions of section

21 8344 of such title, and the salary of a reem22 ployed annuitant under chapter 84 of title 5

23 shall be adjusted pursuant to the provisions of

24 section 8468 of such title’’; and
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1 (2) in subsections (c) and (d) by striking

2 ‘‘, United States Code,’’ each place it appears.

3 SEC. 404. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE4 MENT MATTERS.

5 (a) CREDITABLE SERVICE FOR CERTAIN JUDICIAL

6 ADMINISTRATIVE OFFICIALS.—

7 (1) Sections 611(d) and 627(e) of title 28,

8 United States Code, are each amended—

9 (A) by inserting ‘‘a congressional employee

10 in the capacity of primary administrative assist11 ant to a Member of Congress or in the capacity

12 of staff director or chief counsel for the major13 ity or the minority of a committee or sub14 committee of the Senate or House of Represent15 atives,’’ after ‘‘Congress.’’;

16 (B) in paragraph (b), by striking out ‘‘who

17 has served at least fifteen years and’’ and in18 serting in lieu thereof ‘‘who has at least fifteen

19 years of service and has’’; and

20 (C) in the first undesignated paragraph, by

21 striking out ‘‘who has served at least ten

22 years,’’ and inserting in lieu thereof ‘‘who has

23 at least ten years of service,’’.

24 (2) Sections 611(c) and 627(d) of such title are

25 each amended—
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1 (A) by striking out ‘‘served at least fifteen

2 years,’’ and inserting in lieu thereof ‘‘at least

3 fifteen years of service,’’; and

4 (B) by striking out ‘‘served less than fif5 teen years,’’ and inserting in lieu thereof ‘‘less

6 than fifteen years of service,’’.

7 SEC. 405. JUDGES’ FIREARMS TRAINING.

8 (a) IN GENERAL.—Chapter 21 of title 28, United

9 States Code, is amended by adding at the end thereof the

10 following new section:

11 ‘‘§ 464. Carrying of firearms by judicial officers

12 ‘‘(a) A judicial officer of the United States is author13 ized to carry a firearm, whether concealed or not, under

14 regulations promulgated by the Judicial Conference of the

15 United States. The authority granted by this section shall

16 extend only to (1) those states in which the carrying of

17 firearms by judicial officers of the state is permitted by

18 state law, or (2) regardless of state law, to any place where

19 the judicial officer of the United States sits, resides, or

20 is present on official travel status.

21 ‘‘(b) IMPLEMENTATION.—

22 ‘‘(1) The regulations promulgated by the Judi23 cial Conference under subsection (a) shall—

24 ‘‘(A) require a demonstration of a judicial

25 officer’s proficiency in the use and safety of
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1 firearms as a prerequisite to carrying of fire2 arms under the authority of this section; and

3 ‘‘(B) ensure that the carrying of a firearm

4 by a judicial officer under the protection of the

5 United States Marshals Service while away

6 from United States courthouses is consistent

7 with Marshals Service policy on carrying of fire8 arms by persons receiving such protection.

9 ‘‘(2) ASSISTANCE BY OTHER AGENCIES.—At

10 the request of the Judicial Conference, the Depart11 ment of Justice and appropriate law enforcement

12 components of the Department shall assist the Judi13 cial Conference in developing and providing training

14 to assist judicial officers in securing the proficiency

15 referred to in subsection (b)(1).

16 ‘‘(c) DEFINITION.—For purposes of this section, the

17 term ‘‘judicial officer of the United States’’ means—

18 ‘‘(1) a justice or judge of the United States as

19 defined in section 451 of this title in regular active

20 service or retired from regular active service;

21 ‘‘(2) a justice or judge of the United States who

22 has retired from the judicial office under section

23 371(a) of this title for—

24 ‘‘(A) a 1-year period following such jus25 tice’s or judge’s retirement; or
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1 ‘‘(B) a longer period of time if approved by

2 the Judicial Conference of the United States

3 when exceptional circumstances warrant;

4 ‘‘(3) a United States bankruptcy judge;

5 ‘‘(4) a full-time or part-time United States

6 magistrate judge;

7 ‘‘(5) a judge of the United States Court of Fed8 eral Claims;

9 ‘‘(6) a judge of the United States District

10 Court of Guam;

11 ‘‘(7) a judge of the United States District

12 Court for the Northern Mariana Islands;

13 ‘‘(8) a judge of the United States District

14 Court of the Virgin Islands; or

15 ‘‘(9) an individual who is retired from one of

16 the judicial positions described under paragraphs (3)

17 through (8) to the extent provided for in regulations

18 of the Judicial Conference of the United States.

19 ‘‘(d) EXCEPTION.—Notwithstanding section

20 46303(c)(1) of title 49, nothing in this section authorizes

21 a judicial officer of the United States to carry a dangerous

22 weapon on an aircraft or other common carrier.’’.

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—

24 The table of sections for chapter 21 of title 28, United
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1 States Code, is amended by adding at the end thereof the

2 following:

‘‘464. Carrying of firearms by judicial officers.’’.

3 (c) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect upon the earlier of the pro5 mulgation of regulations by the Judicial Conference under

6 this section or one year after the date of the enactment

7 of this Act.

8 SEC. 406. DELETION OF AUTOMATIC EXCUSE FROM JURY

9 SERVICE FOR MEMBERS OF THE ARMED

10 SERVICES, MEMBERS OF FIRE AND POLICE

11 DEPARTMENTS, AND PUBLIC OFFICERS.

12 (a) Section 1863 of title 28, United States Code, is

13 amended by repealing subsection (b)(6) and redesignating

14 subsequent subsections accordingly.

15 (b) CONFORMING AMENDMENT.—Section 1869 of

16 title 28 United States Code, is amended by repealing sub17 section (i) and redesignating subsequent subsections ac18 cordingly.

19 (c) Section 982 of title 10 United States Code, is

20 amended—

21 (1) by inserting the term ‘‘Federal,’’ in the title

22 immediately following the term ‘‘service on’’; and

23 (2) by inserting the term ‘‘Federal’’ in sub24 section (a) immediately following the term ‘‘required

25 to serve on a’’.
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1 SEC. 407. EXPANDED WORKERS’ COMPENSATION COV2 ERAGE FOR JURORS.

3 Paragraph (2) of section 1877(b) of title 28, United

4 States Code, is amended—

5 (1) by striking ‘‘or’’ at the end of clause (C);

6 and

7 (2) by inserting before the period at the end of

8 clause (D) ‘‘, or (E) traveling to or from the court9 house pursuant to a jury summons or sequestration

10 order, or as otherwise necessitated by order of the

11 court’’.

12 SEC. 408. PROPERTY DAMAGE, THEFT, AND LOSS OF JU13 RORS.

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

15 amended by adding at the end thereof the following new

16 subsection:

17 ‘‘(i) The Director may pay a claim by a person sum18 moned to serve or serving as a grand juror or petit juror

19 for loss of, or damage to, personal property that occurs

20 incident to that person’s performance of duties in response

21 to the summons or at the direction of an officer of the

22 court. With respect to claims, the Director shall have the

23 authority granted to the head of an agency by section

24 3721 of title 31, for consideration of employee’s personal

25 property claims. The Director shall prescribe guidelines

26 for the consideration of claims under this subsection.’’.
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1 SEC. 409. ELIMINATION OF THE PUBLIC DRAWING RE2 QUIREMENTS FOR SELECTION OF JUROR

3 WHEELS.

4 (a) Section 1864(a) of title 28, United States Code,

5 is amended—

6 (1) by striking the term ‘‘publicly’’ from the

7 first sentence; and

8 (2) by inserting the sentence ‘‘The clerk or jury

9 commission shall post a general notice for public re10 view in the clerk’s office explaining the process by

11 which names are periodically and randomly drawn.’’

12 immediately following first sentence.

13 (b) Section 1866(a) of title 28, United States Code,

14 is amended—

15 (1) by striking the term ‘‘publicly’’ from the

16 second sentence; and

17 (2) by inserting the sentence ‘‘The clerk or jury

18 commission shall post a general notice for public re19 view in the clerk’s office explaining the process by

20 which names are periodically and randomly drawn.’’

21 immediately following the second sentence.

22 (c) CONFORMING AMENDMENT.—Section 1869(k) of

23 title 28, United States Code, is repealed.
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1 SEC. 410. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECU2 TIVES.

3 Section 6304(f)(1) of title 5 is amended to add at

4 the end thereof:

5 ‘‘(F) the Judicial Branch designated as a

6 court unit executive position by the Judicial

7 Conference of the United States.’’.

8 SEC. 411. PAYMENTS TO MILITARY SURVIVOR BENEFIT

9 PLAN.

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

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

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

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

14 survivor’s benefits plan in connection with the retired

15 pay,’’.

16 SEC. 412. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR

17 THE FEDERAL CIRCUIT.

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

19 amended by inserting the following new subsection after

20 subsection (g):

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

22 Federal Circuit may appoint a circuit executive, who shall

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

24 executive, the court shall take into account experience in

25 administrative and executive positions, familiarity with

26 court procedures, and special training. The circuit execu-
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1 tive shall exercise such administrative powers and perform

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

3 delegated to the circuit executive may include but need

4 not be limited to the duties specified in subsection (e) of

5 this section, insofar as they are applicable to the Court

6 of Appeals for the Federal Circuit.

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

8 circuit executives established under subsection (f) of this

9 section.

10 ‘‘(3) The circuit executive may appoint, with the ap11 proval of the court, necessary employees in such number

12 as may be approved by the Director of the Administrative

13 Office of the United States Courts.

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

15 to be officers and employees of the United States within

16 the meaning of the statutes specified in subsection (f).

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

18 or a clerk under section 711 of title 28, but not both, or

19 may appoint a combined circuit executive/clerk who shall

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

21 SEC. 413. AMENDMENT TO THE JURY SELECTION PROCESS.

22 (a) Section 1865 of title 28, United States Code, is

23 amended—

24 (1) in subsection (a) by inserting the phrase

25 ‘‘or the clerk under supervision of the court if the
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1 court’s jury selection plan so authorizes,’’ following

2 the term ‘‘jury commission’’; and

3 (2) in subsection (b) by inserting the phrase

4 ‘‘or the clerk if the court’s jury selection plan so

5 provides,’’ following the term ‘‘may provide’’.

6 SEC. 414. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT

7 JURORS SERVING ON LENGTHY TRIALS.

8 Section 1871(b)(2) of title 28, United States Code,

9 is amended by striking out ‘‘thirty’’ in each place it occurs,

10 and inserting in lieu thereof ‘‘five’’.

11 TITLE V—CRIMINAL JUSTICE ACT

12 AMENDMENTS

13 SEC. 501. MAXIMUM AMOUNTS OF COMPENSATION FOR AT14 TORNEYS.

15 Paragraph (2) of subsection (d) of section 3006A of

16 title 18, United States Code, is amended—

17 (1) in the first sentence—

18 (A) by striking out ‘‘3,500’’ and inserting

19 ‘‘5,400’’;

20 (B) by striking out ‘‘1,000’’ and inserting

21 ‘‘1,600’’;

22 (2) in the second sentence by striking out

23 ‘‘2,500’’ and inserting ‘‘3,900’’;

24 (3) in the third sentence—
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1 (A) by striking out ‘‘750’’ and inserting

2 ‘‘1,200’’;

3 (B) by striking out ‘‘2,500’’ and inserting

4 ‘‘3,900’’;

5 (4) by inserting after the second sentence, a

6 new sentence: ‘‘For representation of a petitioner in

7 a non-capital habeas corpus proceeding, the com8 pensation for each attorney shall not exceed the

9 amount applicable to a felony in this paragraph for

10 representation of a defendant before a United States

11 magistrate or the district court, or both. For rep12 resentation of such petitioner in an appellate court,

13 the compensation for each attorney shall not exceed

14 the amount applicable for representation of a de15 fendant in an appellate court.’’; and

16 (5) in the final sentence by striking out ‘‘750’’

17 and inserting ‘‘1,200’’.

18 SEC. 502. MAXIMUM AMOUNTS OF COMPENSATION FOR

19 SERVICES OTHER THAN COUNSEL.

20 (a) Paragraph (2) of subsection (e) of section 3006A

21 of title 18, United States Code, is amended—

22 (1) in subparagraph (A) by striking out ‘‘300’’

23 and inserting ‘‘500’’; and

24 (2) in subparagraph (B) by striking out ‘‘300’’

25 and inserting ‘‘500’’.
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1 (b) Paragraph (3) of subsection (e) in the first sen2 tence is amended by striking out ‘‘1,000’’ and inserting

3 ‘‘1,600’’.

4 SEC. 503. TORT CLAIMS ACT AMENDMENTS RELATING TO

5 LIABILITY OF FEDERAL PUBLIC DEFENDERS.

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

7 amended in the second undersigned paragraph—

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

9 (2) by striking the period at the end and insert10 ing the following: ‘‘, and (2) any officer or employee

11 of a Federal Public Defender Organization, except

12 when such officer or employee performs professional

13 services in the course of providing representation

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

Æ