Union Calendar No. 187

106TH CONGRESS

1ST SESSION H. R. 1752

[Report No. 106–312]

A BILL

To make improvements in the operation and adminpurposes. istration of the Federal courts, and for other

SEPTEMBER 9, 1999

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,
IB

Union Calendar No. 187

106TH CONGRESS

1ST SESSION H. R. 1752

[Report No. 106–312]

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

SEPTEMBER 9, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 11, 1999]

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’’.
2

•HR 1752 RH

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

2 Act is as follows:

TITLE I—JUDICIAL FINANCIAL ADMINISTRATION

Sec. 101. Reimbursement of judiciary for civil and criminal forfeiture expenses.

Sec. 102. Transfer of retirement funds.

Sec. 103. Judiciary Information Technology Fund.

Sec. 104. Bankruptcy fees.

Sec. 105. Disposition of miscellaneous fees.

Sec. 106. Repeal of statute setting Court of Federal Claims filing fee.

Sec. 107. Technical amendment relating to the treatment of certain bankruptcy

fees collected.

Sec. 108. Increase in fee for converting a chapter 7 or chapter 13 bankruptcy case

to a chapter 11 bankruptcy case.

Sec. 109. Increase in chapter 9 bankruptcy filing fee.

Sec. 110. Creation of certifying officers in the judicial branch.

Sec. 111. Fee authority for technology resources in the courts.

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. Place of holding court in the Eastern District of Texas.

Sec. 206. Federal substance abuse treatment program reauthorization.

Sec. 207. Membership in circuit judicial councils.

Sec. 208. Sunset of Civil Justice Expense and Delay Reduction Plans.

Sec. 209. Technical bankruptcy correction.

Sec. 210. Authority of presiding judge to allow media coverage of court proceedings.

TITLE III—JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS,

AND PROTECTIONS

Sec. 301. Disability retirement and cost-of-living adjustments of annuities for territorial judges.

Sec. 302. Federal Judicial Center personnel matters.

Sec. 303. Judicial administrative officials retirement matters.

Sec. 304. Judges’ firearms training.

Sec. 305. Removal of automatic excuse from jury service for members of the

Armed Services, members of fire and police departments, and

public officers.

Sec. 306. Expanded workers’ compensation coverage for jurors.

Sec. 307. Property damage, theft, and loss claims of jurors.

Sec. 308. Elimination of the public drawing requirements for selection of juror

wheels.

Sec. 309. Annual leave limit for court unit executives.

Sec. 310. Payments to Military Survivor Benefit Plan.

Sec. 311. Authorization of a circuit executive for the Federal Circuit.
3

•HR 1752 RH

Sec. 312. Amendment to the jury selection process.

Sec. 313. Supplemental attendance fee for petit jurors serving on lengthy trials.

TITLE IV—CRIMINAL JUSTICE ACT AMENDMENTS

Sec. 401. Maximum amounts of compensation for attorneys.

Sec. 402. Maximum amounts of compensation for services other than counsel.

Sec. 403. Tort Claims Act amendments relating to liability of Federal public defenders.

1 TITLE I—JUDICIAL FINANCIAL

2 ADMINISTRATION

3 SEC. 101. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND

4 CRIMINAL FORFEITURE EXPENSES.

5 (a) TRANSFER OF FUNDS.—Section 524(c) of title 28,

6 United States Code, is amended—

7 (1) by inserting after paragraph (11) the fol8 lowing new paragraph:

9 ‘‘(12)(A) In the fiscal year subsequent to the fis10 cal year in which this paragraph is enacted and in

11 each fiscal year thereafter, an amount as specified in

12 subparagraph (B) shall be transferred annually to the

13 judiciary into the fund established under section 1931

14 of this title, for expenses incurred in—

15 ‘‘(i) adjudication of civil and criminal for16 feiture proceedings that result in deposits into

17 the Fund (except the expense of salaries of

18 judges);

19 ‘‘(ii) representation, pursuant to the provi20 sions of section 3006A of title 18 or section

21 408(q) of the Controlled Substances Act (21
4

•HR 1752 RH

1 U.S.C. 848(q)) of defendants whose assets have

2 been seized in such forfeiture proceedings, to the

3 extent that such expenses of representation could

4 have been recovered through an order for pay5 ment or for reimbursement of the defender serv6 ices appropriation pursuant to section 3006A(f)

7 of title 18; and

8 ‘‘(iii) supervision by United States proba9 tion officers of offenders under home detention or

10 other forms of confinement outside of Bureau of

11 Prison facilities.

12 ‘‘(B) The amount to be transferred under sub13 paragraph (A)—

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

15 fiscal year deposits into both the Fund and the

16 Department of Treasury Asset Forfeiture Fund

17 established by section 9703 of title 31 (hereafter

18 referred to as ‘both Funds’), which amount shall

19 not exceed the statement of costs incurred by the

20 judiciary in providing the services identified in

21 subparagraph (A), as set forth by the Director of

22 the Administrative Office of the United States

23 Courts in a report to the Attorney General and

24 the Secretary of the Treasury no later than 90
5

•HR 1752 RH

1 days after the end of the fiscal year in which

2 the expenses were incurred; except that—

3 ‘‘(I) the total amount to be transferred

4 from both Funds shall not exceed

5 $50,000,000, or 10 percent of the total com6 bined deposits into both Funds, whichever is

7 less;

8 ‘‘(II) the proportion of the amount

9 transferred from the Fund to the total

10 amount to be transferred shall be equal to

11 the proportion of the fiscal year deposits

12 into the Fund to the combined fiscal year

13 deposits in both Funds; and

14 ‘‘(III) the total amount to be trans15 ferred from both Funds may exceed the lim16 its set out in this subparagraph subject to

17 the discretion of the Attorney General and

18 the Secretary of the Treasury; and

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

20 into the Fund during the fiscal year in which

21 the expenses were incurred and are not required

22 to be specified in appropriations Acts.’’.

23 (b) TREASURY FORFEITURE FUND.—Section 9703 of

24 title 31, United States Code, is amended—
6

•HR 1752 RH

1 (1) by redesignating subsection (p) as subsection

2 (q); and

3 (2) by inserting after subsection (o) the following

4 new subsection:

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

6 fiscal year subsequent to the fiscal year in which this sub7 section is enacted and in each fiscal year thereafter, an

8 amount necessary to meet the transfer requirements of sec9 tion 524(c)(12) of title 28 shall be transferred to the judici10 ary, and shall be subject to the same limitations, terms, and

11 conditions specified in that section for transfers to the judi12 ciary from the Department of Justice Asset Forfeiture

13 Fund.’’.

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

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

16 other judicial services, including services provided pursuant

17 to section 3006A of title 18 or section 408(q) of the Con18 trolled Substances Act (21 U.S.C. 848(q))’’ after ‘‘courts of

19 the United States.’’.

20 SEC. 102. TRANSFER OF RETIREMENT FUNDS.

21 Section 377 of title 28, United States Code, is amended

22 by adding at the end the following new subsection:

23 ‘‘(p) TRANSFER OF RETIREMENT FUNDS.—Upon elec24 tion by a bankruptcy judge or a magistrate judge under

25 subsection (f) of this section, all of the accrued employer
7

•HR 1752 RH

1 contributions and accrued interest on those contributions

2 made on behalf of the bankruptcy judge or magistrate judge

3 to the Civil Service Retirement and Disability Fund under

4 section 8348 of title 5 shall be transferred to the fund estab5 lished under section 1931 of this title, except that if the

6 bankruptcy judge or magistrate judge elects under section

7 2(c) of the Retirement and Survivor’s Annuities for Bank8 ruptcy Judges and Magistrates Act of 1988 (Public Law

9 100–659), to receive a retirement annuity under both this

10 section and title 5, only the accrued employer contributions

11 and accrued interest on such contributions made on behalf

12 of the bankruptcy judge or magistrate judge for service cred13 ited under this section may be transferred.’’.

14 SEC. 103. JUDICIARY INFORMATION TECHNOLOGY FUND.

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

16 amended—

17 (1) by striking ‘‘equipment’’ each place it ap18 pears and inserting ‘‘resources’’;

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

20 subsequent subsections accordingly;

21 (3) in subsection (g), as so redesignated, by strik22 ing paragraph (3); and

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

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

25 ‘‘judiciary’’;
8

•HR 1752 RH

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. 104. BANKRUPTCY FEES.

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

7 Code, is amended by adding at the end the following new

8 paragraph:

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

10 States trustee region as defined in section 581 of this

11 title, the Judicial Conference of the United States

12 may require the debtor in a case under chapter 11 of

13 title 11 to pay fees equal to those imposed by para14 graph (6). Such fees shall be deposited into the fund

15 established under section 1931.’’.

16 SEC. 105. DISPOSITION OF MISCELLANEOUS FEES.

17 For fiscal year 2000 and thereafter, any portion of

18 miscellaneous fees collected as prescribed by the Judicial

19 Conference of the United States pursuant to sections 1913,

20 1914(b), 1926(a), 1930(b), and 1932 of title 28, United

21 States Code, exceeding the amount of such fees established

22 on the date of the enactment of this Act shall be deposited

23 into the special fund of the Treasury established under sec24 tion 1931 of title 28, United States Code.
9

•HR 1752 RH

1 SEC. 106. REPEAL OF STATUTE SETTING COURT OF FED2 ERAL CLAIMS FILING FEE.

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

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

5 chapter 165 of such title, are repealed.

6 SEC. 107. TECHNICAL AMENDMENT RELATING TO THE

7 TREATMENT OF CERTAIN BANKRUPTCY FEES

8 COLLECTED.

9 (a) AMENDMENT.—The 1st sentence of section 406(b)

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

11 Judiciary, and Related Agencies Appropriations Act, 1990

12 (Public Law 101–162; 103 Stat. 1016) is amended by strik13 ing ‘‘service enumerated after item 18’’ and inserting ‘‘serv14 ice not of a kind described in any of the items enumerated

15 as items 1 through 7 and as items 9 through 18, as in effect

16 on November 21, 1989, (and not of a kind described in items

17 enumerated as items 8.1, 8.2, and 23, as in effect on Janu18 ary 1, 1998)’’.

19 (b) APPLICATION OF AMENDMENT.—The amendment

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

21 collected before the date of the enactment of this Act.

22 SEC. 108. INCREASE IN FEE FOR CONVERTING A CHAPTER

23 7 OR CHAPTER 13 BANKRUPTCY CASE TO A

24 CHAPTER 11 BANKRUPTCY CASE.

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

26 title 28, United States Code, is amended by striking ‘‘$400’’
10

•HR 1752 RH

1 and inserting ‘‘the amount equal to the difference between

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

3 paragraph (1)’’.

4 SEC. 109. INCREASE IN CHAPTER 9 BANKRUPTCY FILING

5 FEE.

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

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

8 fee specified in paragraph (3) for filing a case under chap9 ter 11 of title 11. The amount by which the fee payable

10 under this paragraph exceeds $300 shall be deposited in the

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

12 SEC. 110. CREATION OF CERTIFYING OFFICERS IN THE JU13 DICIAL BRANCH.

14 (a) APPOINTMENT OF DISBURSING AND CERTIFYING

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

16 amended by adding at the end the following new section:

17 ‘‘§ 613. Disbursing and certifying officers

18 ‘‘(a) DISBURSING OFFICERS.—The Director may des19 ignate in writing officers and employees of the judicial

20 branch of the Government, including the courts as defined

21 in section 610 other than the Supreme Court, to be dis22 bursing officers in such numbers and locations as the Direc23 tor considers necessary. Such dispersing officers shall—

24 ‘‘(1) disburse moneys appropriated to the judi25 cial branch and other funds only in strict accordance
11

•HR 1752 RH

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 pro7 vided by law, except such a disbursing officer shall

8 not be held accountable or responsible for any illegal,

9 improper, or incorrect payment resulting from any

10 false, inaccurate, or misleading certificate for which

11 a certifying officer is responsible under subsection (b).

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

13 designate in writing officers and employees of the judicial

14 branch of the Government, including the courts as defined

15 in section 610 other than the Supreme Court, to certify pay16 ment requests payable from appropriations and funds.

17 These certifying officers shall be responsible and accountable

18 for—

19 ‘‘(A) the existence and correctness of the facts re20 cited in the certificate or other request for payment

21 or its supporting papers;

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

23 the appropriation or fund involved; and

24 ‘‘(C) the correctness of the computations of cer25 tified payment requests.
12

•HR 1752 RH

1 ‘‘(2) The liability of a certifying officer shall be en2 forced in the same manner and to the same extent as pro3 vided by law with respect to the enforcement of the liability

4 of disbursing and other accountable officers. A certifying

5 officer shall be required to make restitution to the United

6 States for the amount of any illegal, improper, or incorrect

7 payment resulting from any false, inaccurate, or mis8 leading certificates made by the certifying officer, as well

9 as for any payment prohibited by law or which did not

10 represent a legal obligation under the appropriation or

11 fund involved.

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

13 ‘‘(1) has the right to apply for and obtain a deci14 sion by the Comptroller General on any question of

15 law involved in a payment request presented for cer16 tification; and

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

18 under this section in accordance with title 31.

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

20 this section affects the authority of the courts with respect

21 to moneys deposited with the courts under chapter 129 of

22 this title.’’.

23 (b) CONFORMING AMENDMENT.—The table of sections

24 for chapter 41 of title 28, United States Code, is amended

25 by adding at the end the following new item:

‘‘613. Disbursing and certifying officers.’’.
13

•HR 1752 RH

1 (c) DUTIES OF DIRECTOR.—Paragraph (8) of sub2 section (a) of section 604 of title 28, United States Code,

3 is amended to read as follows:

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

5 the maintenance and operation of the courts;’’.

6 SEC. 111. FEE AUTHORITY FOR TECHNOLOGY RESOURCES

7 IN THE COURTS.

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

9 States Code is amended by adding at the end the following:

10 ‘‘§ 614. Authority to prescribe fees for technology re11 sources in the courts

12 ‘‘The Judicial Conference is authorized to prescribe

13 reasonable fees pursuant to sections 1913, 1914, 1926, 1930,

14 and 1932, for use of information technology resources pro15 vided by the judiciary to improve the efficiency of and ac16 cess to the courts. Fees collected pursuant to this section

17 are to be deposited in the Judiciary Information Tech18 nology Fund to be available to the Director without fiscal

19 year limitation for reinvestment in information technology

20 resources which will advance the purposes of this section.’’.

21 (b) CONFORMING AMENDMENT.—The table of sections

22 for chapter 41 of title 28, United States Code, is amended

23 by adding at the end the following new item:

‘‘614. Authority to prescribe fees for technology resources in the courts.’’.
14

•HR 1752 RH

1 TITLE II—JUDICIAL PROCESS

2 IMPROVEMENTS

3 SEC. 201. EXTENSION OF STATUTORY AUTHORITY FOR MAG4 ISTRATE JUDGE POSITIONS TO BE ESTAB5 LISHED IN THE DISTRICT COURTS OF GUAM

6 AND THE NORTHERN MARIANA ISLANDS.

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

8 amended—

9 (1) by striking the first two sentences of sub10 section (a) and inserting the following: ‘‘The judges of

11 each United States district court and the district

12 courts of the Virgin Islands, Guam, and the Northern

13 Mariana Islands shall appoint United States mag14 istrate judges in such numbers and to serve at such

15 locations within the judicial districts as the Con16 ference may determine under this chapter. In the case

17 of a magistrate judge appointed by the district court

18 of the Virgin Islands, Guam, or the Northern Mar19 iana Islands, this chapter shall apply as though the

20 court appointing such a magistrate judge were a

21 United States district court.’’; and

22 (2) in the first sentence of subsection (b)(1), by

23 inserting ‘‘the Territory of Guam, the Commonwealth

24 of the Northern Mariana Islands,’’ after ‘‘Common25 wealth of Puerto Rico,’’.
15

•HR 1752 RH

1 SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

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

3 amended to read as follows:

4 ‘‘(e) CONTEMPT AUTHORITY.—

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

6 magistrate judge serving under this chapter shall have

7 within the territorial jurisdiction prescribed by his or

8 her appointment the power to exercise contempt au9 thority as set forth in this subsection.

10 ‘‘(2) SUMMARY CRIMINAL CONTEMPT AUTHOR11 ITY.—A magistrate judge shall have the power to

12 punish summarily by fine or imprisonment such con13 tempt of his or her authority constituting misbehavior

14 of any person in the magistrate judge’s presence so as

15 to obstruct the administration of justice. The order of

16 contempt shall be issued pursuant to Federal Rules of

17 Criminal Procedure.

18 ‘‘(3) ADDITIONAL CRIMINAL CONTEMPT AUTHOR19 ITY IN CIVIL CONSENT AND MISDEMEANOR CASES.—In

20 any case in which a United States magistrate judge

21 presides with the consent of the parties under sub22 section (c) of this section, and in any misdemeanor

23 case proceeding before a magistrate judge under sec24 tion 3401 of title 18, the magistrate judge shall have

25 the power to punish by fine or imprisonment such

26 criminal contempt constituting disobedience or resist-
16

•HR 1752 RH

1 ance to the magistrate judge’s lawful, writ, process,

2 order, rule, decree, or command. Disposition of such

3 contempt shall be conducted upon notice and hearing

4 pursuant to the Federal Rules of Criminal Procedure.

5 ‘‘(4) CIVIL CONTEMPT AUTHORITY IN CIVIL CON6 SENT AND MISDEMEANOR CASES.—In any case in

7 which a United States magistrate judge presides with

8 the consent of the parties under subsection (c) of this

9 section, and in any misdemeanor case proceeding be10 fore a magistrate judge under section 3401 of title 18,

11 the magistrate judge may exercise the civil contempt

12 authority of the district court. This paragraph shall

13 not be construed to limit the authority of a mag14 istrate judge to order sanctions pursuant to any other

15 statute, the Federal Rules of Civil Procedure, or the

16 Federal Rules of Criminal Procedure.

17 ‘‘(5) CRIMINAL CONTEMPT PENALTIES.—The sen18 tence imposed by a magistrate judge for any criminal

19 contempt set forth in paragraphs (2) and (3) of this

20 subsection shall not exceed the penalties for a Class C

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

22 3571(b)(6) of title 18.

23 ‘‘(6) CERTIFICATION OF OTHER CONTEMPTS TO

24 THE DISTRICT COURT.—Upon the commission of any

25 act—
17

•HR 1752 RH

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

2 magistrate judge presides with the consent of the

3 parties under subsection (c) of this section, or in

4 any misdemeanor case proceeding before a mag5 istrate judge under section 3401 of title 18, that

6 may, in the opinion of the magistrate judge, con7 stitute a serious criminal contempt punishable

8 by penalties exceeding those set forth in para9 graph (5) of this subsection, or

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

11 subsection (a) or (b) of this section, or any other

12 statute, where—

13 ‘‘(i) the act committed in the mag14 istrate judge’s presence may, in the opinion

15 of the magistrate judge, constitute a serious

16 criminal contempt punishable by penalties

17 exceeding those set forth in paragraph (5) of

18 this subsection,

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

20 contempt occurs outside the presence of the

21 magistrate judge, or

22 ‘‘(iii) the act constitutes a civil con23 tempt,

24 the magistrate judge shall forthwith certify the facts

25 of a district judge and may serve or cause to be served
18

•HR 1752 RH

1 upon any person whose behavior is brought into ques2 tion under this paragraph an order requiring such

3 person to appear before a district judge upon a day

4 certain to show cause why he or she should not be ad5 judged in contempt by reason of the facts so certified.

6 The district judge shall thereupon hear the evidence as

7 to the act of conduct complained of and, if it is such

8 as to warrant punishment, punish such person in the

9 same manner and to the same extent as for a con10 tempt committed before a district judge.

11 ‘‘(7) APPEALS OF MAGISTRATE JUDGE CONTEMPT

12 ORDERS.—The appeal of an order of contempt issued

13 pursuant to this section shall be made to the court of

14 appeals in cases proceeding under subsection (c) of

15 this section. The appeal of any other order to con16 tempt issued pursuant to this section shall be made

17 to the district court.’’.

18 SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN

19 PETTY OFFENSE CASES AND MAGISTRATE

20 JUDGE AUTHORITY IN MISDEMEANOR CASES

21 INVOLVING JUVENILE DEFENDANTS.

22 (a) AMENDMENTS TO TITLE 18.—

23 (1) PETTY OFFENSE CASES.—Section 3401(b) of

24 title 18, United States Code, is amended by striking

25 ‘‘that is a class B misdemeanor charging a motor ve-
19

•HR 1752 RH

1 hicle offense, a class C misdemeanor, or an infrac2 tion,’’ after ‘‘petty offense’’.

3 (2) CASES INVOLVING JUVENILES.—Section

4 3401(g) of title 18, United States Code, is amended—

5 (A) by striking the first sentence and insert6 ing the following: ‘‘The magistrate judge may, in

7 a petty offense case involving a juvenile, exercise

8 all powers granted to the district court under

9 chapter 403 of this title.’’;

10 (B) in the second sentence by striking ‘‘any

11 other class B or C misdemeanor case’’ and in12 serting ‘‘the case of any misdemeanor, other than

13 a petty offense,’’; and

14 (C) by striking the last sentence.

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

16 title 28, United States Code, is amended by striking para17 graphs (4) and (5) and inserting the following:

18 ‘‘(4) the power to enter a sentence for a petty of19 fense; and

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

21 misdemeanor in a case in which the parties have con22 sented.’’.
20

•HR 1752 RH

1 SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIRE2 MENTS.

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

4 in subsection (a) by striking the second paragraph des5 ignated (24).

6 SEC. 205. PLACE OF HOLDING COURT IN THE EASTERN DIS7 TRICT OF TEXAS.

8 (a) TEXAS.—Section 124(c) of title 28, United States

9 Code, is amended—

10 (1) in paragraph (3)—

11 (A) by striking ‘‘Denton, and Grayson’’ and

12 inserting ‘‘Delta, Denton, Fannin, Grayson,

13 Hopkins, and Lamar’’; and

14 (B) by inserting ‘‘and Plano’’ after ‘‘held at

15 Sherman’’;

16 (2) by striking paragraph (4) and redesignating

17 paragraphs (5) through (7) as paragraphs (4)

18 through (6), respectively; and

19 (3) in paragraph (5), as so redesignated, by in20 serting ‘‘Red River,’’ after ‘‘Franklin,’’.

21 (b) TEXARKANA.—Sections 83(b)(1) and 124(c)(5) (as

22 redesignated by subsection (a) of this section) of title 28,

23 United States Code, are each amended by inserting after

24 ‘‘held at Texarkana’’ the following: ‘‘, and may be held any25 where within the Federal courthouse in Texarkana that is

26 located astride the State line between Texas and Arkansas’’.
21

•HR 1752 RH

1 SEC. 206. FEDERAL SUBSTANCE ABUSE TREATMENT PRO2 GRAM REAUTHORIZATION.

3 Section 4(a) of the Contract Services for Drug Depend4 ent Federal Offenders Treatment Act of 1978 (Public Law

5 95–537; 92 Stat. 2038) is amended by striking all that fol6 lows ‘‘there are authorized to be appropriated’’ and insert7 ing ‘‘for fiscal year 2000 and each fiscal year thereafter

8 such sums as may be necessary to carry out this Act.’’.

9 SEC. 207. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

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

11 in subsection (a)—

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

13 following:

14 ‘‘(3) Except for the chief judge of the circuit, ei15 ther judges in regular active service or judges retired

16 from regular active service under section 371(b) of

17 this title may serve as members of the council.’’; and

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

19 and inserting ‘‘retirement pursuant to section 371(a)

20 or section 372(a) of this title,’’.

21 SEC. 208. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY

22 REDUCTION PLANS.

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

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

25 471 note), as amended by Public Law 105–53 (111 Stat.

26 1173), is amended by inserting ‘‘471,’’ after ‘‘sections’’.
22

•HR 1752 RH

1 SEC. 209. TECHNICAL BANKRUPTCY CORRECTION.

2 Section 1228 of title 11, United States Code, is amend3 ed by striking ‘‘1222(b)(10)’’ each place it appears and in4 serting ‘‘1222(b)(9).’’.

5 SEC. 210. AUTHORITY OF PRESIDING JUDGE TO ALLOW

6 MEDIA COVERAGE OF COURT PROCEEDINGS.

7 (a) AUTHORITY OF APPELLATE COURTS.—Notwith8 standing any other provision of law, the presiding judge

9 of an appellate court of the United States may, in his or

10 her discretion, with the consent of all named parties, permit

11 the photographing, electronic recording, broadcasting, or

12 televising to the public of court proceedings over which that

13 judge presides.

14 (b) AUTHORITY OF DISTRICT COURTS.—

15 (1) IN GENERAL.—Notwithstanding any other

16 provision of law, any presiding judge of a district

17 court of the United States may, in his or her discre18 tion, with the consent of all named parties, permit the

19 photographing, electronic recording, broadcasting, or

20 televising to the public of court proceedings over

21 which that judge presides.

22 (2) OBSCURING OF WITNESSES.—(A) Upon the

23 request of any witness in a trial proceeding other

24 than a party, the court shall order the face and voice

25 of the witness to be disguised or otherwise obscured in
23

•HR 1752 RH

1 such manner as to render the witness unrecognizable

2 to the broadcast audience of the trial proceeding.

3 (B) The presiding judge in a trial proceeding

4 shall inform each witness who is not a party that the

5 witness has the right to request that his or her image

6 and voice be obscured during the witness’ testimony.

7 (c) ADVISORY GUIDELINES.—The Judicial Conference

8 of the United States is authorized to promulgate advisory

9 guidelines to which a presiding judge shall refer in making

10 decisions with respect to consistent criteria to be applied

11 in the exercise of the discretion of the presiding judge, and

12 to the management and administration of photographing,

13 recording, broadcasting, or televising described in sub14 sections (a) and (b).

15 (d) DEFINITIONS.—As used in this section:

16 (1) PRESIDING JUDGE.—The term ‘‘presiding

17 judge’’ means the judge presiding over the court pro18 ceeding concerned. In proceedings in which more than

19 one judge participates, the presiding judge shall be the

20 senior active judge so participating or, in the case of

21 a circuit court of appeals, the senior active circuit

22 judge so participating, except that—

23 (A) in en banc sittings of any United States

24 circuit court of appeals, the presiding judge shall
24

•HR 1752 RH

1 be the chief judge of the circuit whenever the

2 chief judge participates; and

3 (B) in en banc sittings of the Supreme

4 Court of the United States, the presiding judge

5 shall be the Chief Justice whenever the Chief Jus6 tice participates.

7 (2) APPELLATE COURT OF THE UNITED

8 STATES.—The term ‘‘appellate court of the United

9 States’’ means any United States circuit court of ap10 peals and the Supreme Court of the United States.

11 (e) SUNSET.—The authority under subsection (b) shall

12 terminate on the date that is 3 years after the date of the

13 enactment of this Act.

14 TITLE III—JUDICIAL PER15 SONNEL ADMINISTRATION,

16 BENEFITS, AND PROTEC17 TIONS

18 SEC. 301. DISABILITY RETIREMENT AND COST-OF-LIVING

19 ADJUSTMENTS OF ANNUITIES FOR TERRI20 TORIAL JUDGES.

21 Section 373 of title 28, is amended—

22 (1) by amending subsection (c)(4) to read as fol23 lows:

24 ‘‘(4) Any senior judge performing judicial duties pur25 suant to recall under paragraph (2) of this subsection shall
25

•HR 1752 RH

1 be paid, while performing such duties, the same compensa2 tion (in lieu of the annuity payable under this section) and

3 the same allowances for travel and other expenses as a judge

4 on active duty with the court being served.’’;

5 (2) by amending subsection (e) to read as fol6 lows:

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

8 District Court of the Northern Mariana Islands, or the Dis9 trict Court of the Virgin Islands who is not reappointed

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

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

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

13 ‘‘(A) if the judicial service of such judge, contin14 uous or otherwise, aggregates fifteen years or more, to

15 receive during the remainder of such judge’s life an

16 annuity equal to the salary received when the judge

17 left office, or

18 ‘‘(B) if such judicial service, continuous or other19 wise, aggregated less then fifteen years, to receive dur20 ing the remainder of such judge’s life an annuity

21 equal to that proportion of such salary which the ag22 gregate number of such judge’s years of service bears

23 to fifteen.

24 ‘‘(2) Any judge of the District Court of Guam, the Dis25 trict Court of the Northern Mariana Islands, or the District
26

•HR 1752 RH

1 Court of the Virgin Islands who has served at least five

2 years, continuously or otherwise, and who retires or is re3 moved upon the sole ground of mental or physical dis4 ability, shall be entitled to receive during the remainder of

5 such judge’s life an annuity equal to 40 percent of the sal6 ary received when the judge left office or, in the case of a

7 judge who has served at least ten years, continuously or oth8 erwise, an annuity equal to that proportion of such salary

9 which the aggregate number of such judge’s years of judicial

10 service bears to fifteen.’’; and

11 (3) by amending subsection (g) to read as fol12 lows:

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

14 annuity under this section shall be entitled to a cost-of-liv15 ing adjustment in the amount computed as specified in sec16 tion 8340(b) of title 5, except that in no case may the annu17 ity payable to such retired judge, as increased under this

18 subsection, exceed the salary of a judge in regular active

19 service with the court on which the retired judge served be20 fore retiring.’’.

21 SEC. 302. FEDERAL JUDICIAL CENTER PERSONNEL MAT22 TERS.

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

24 amended—

25 (1) in subsection (b)—
27

•HR 1752 RH

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

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

3 title 5, United States Code’’ and inserting

4 ‘‘under section 5316 of title 5, except that the Di5 rector may fix the compensation of 4 positions of

6 the Center at a level not to exceed the annual

7 rate of pay in effect for level IV of the Executive

8 Schedule under section 5315 of title 5’’; and

9 (C) by striking ‘‘the Civil Servive’’ and all

10 that follows through ‘‘Code’’ and inserting ‘‘sub11 chapter III of chapter 83 of title 5 shall be ad12 justed pursuant to the provisions of section 8344

13 of such title, and the salary of a reemployed an14 nuitant under chapter 84 of title 5 shall be ad15 justed pursuant to the provisions of section 8468

16 of such title’’;

17 (2) in subsections (c) and (d) by striking

18 ‘‘, United States Code,’’ each place it appears; and

19 (3) in subsection (d) by striking ‘‘, United States

20 Code’’.

21 SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE22 MENT MATTERS.

23 (a) ELIMINATION OF MANDATORY RETIREMENT AGE

24 FOR DIRECTOR OF FEDERAL JUDICIAL CENTER.—Section

25 627 of title 28, United States Code, is amended—
28

•HR 1752 RH

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

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

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

4 (b) CREDITABLE SERVICE FOR CERTAIN JUDICIAL AD5 MINISTRATIVE OFFICIALS.—

6 (1) Sections 611(d) and 627(d) (as redesignated

7 by subsection (a) of this section) of title 28, United

8 States Code, are each amended by inserting ‘‘a con9 gressional employee in the capacity of primary ad10 ministrative assistant to a Member of Congress or in

11 the capacity of staff director or chief counsel for the

12 majority or the minority of a committee or sub13 committee of the Senate or House of Representatives,’’

14 after ‘‘Congress,’’; and

15 (2) Sections 611(b) and 627(b) (as redesignated

16 by subsection (a) of this section) of such title are each

17 amended—

18 (A) by striking ‘‘who has served at least fif19 teen years and’’ and inserting ‘‘who has at least

20 fifteen years of service and has’’; and

21 (B) in the first undesignated paragraph, by

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

23 inserting ‘‘who has at least ten years of service,’’.
29

•HR 1752 RH

1 (3) Sections 611(c) and 627(c) (as redesignated

2 by subsection (a) of this section) of such title are each

3 amended—

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

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

6 service,’’; and

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

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

9 service,’’.

10 SEC. 304. JUDGES’ FIREARMS TRAINING.

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

12 States Code, is amended by adding at the end the following

13 new section:

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

15 ‘‘(a) AUTHORITY.—A judicial officer of the United

16 States is authorized to carry a firearm, whether concealed

17 or not, under regulations promulgated by the Judicial Con18 ference of the United States. The authority granted by this

19 section shall extend only—

20 ‘‘(1) to those States in which the carrying of fire21 arms by judicial officers of the State is permitted by

22 State law, or—

23 ‘‘(2) regardless of State law, to any State in

24 which the judicial officer of the United States sits, re25 sides, or is present on official travel status.
30

•HR 1752 RH

1 ‘‘(b) IMPLEMENTATION.—

2 ‘‘(1) REGULATIONS.—The regulations promul3 gated by the Judicial Conference under subsection (a)

4 shall—

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

6 officer’s proficiency in the use and safety of fire7 arms as a prerequisite to carrying of firearms

8 under the authority of this section; and

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

10 by a judicial officer under the protection of the

11 United States Marshals Service while away from

12 United States courthouses is consistent with

13 Marshals Service policy on carrying of firearms

14 by persons receiving such protection.

15 ‘‘(2) ASSISTANCE BY OTHER AGENCIES.—At the

16 request of the Judicial Conference, the Attorney Gen17 eral and appropriate law enforcement components of

18 the Department of Justice shall assist the Judicial

19 Conference in developing and providing training to

20 assist judicial officers in securing the proficiency re21 ferred to in paragraph (1).

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

23 term ‘judicial officer of the United States’ means—
31

•HR 1752 RH

1 ‘‘(1) a justice or judge of the United States as de2 fined in section 451 in regular active service or re3 tired from regular active service;

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

5 has been retired from the judicial office under section

6 371(a) for—

7 ‘‘(A) no longer than a 1-year period fol8 lowing such justice’s or judge’s retirement; or

9 ‘‘(B) a longer period of time if approved by

10 the Judicial Conference of the United States

11 when exceptional circumstances warrant;

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

13 ‘‘(4) a full-time or part-time United States mag14 istrate judge;

15 ‘‘(5) a judge of the United States Court of Fed16 eral Claims;

17 ‘‘(6) a judge of the United States District Court

18 of Guam;

19 ‘‘(7) a judge of the United States District Court

20 for the Northern Mariana Islands;

21 ‘‘(8) a judge of the United States District Court

22 of the Virgin Islands; or

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

24 judicial positions described under paragraphs (3)
32

•HR 1752 RH

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

2 of the Judicial Conference of the United States.

3 ‘‘(d) EXCEPTION.—Notwithstanding section

4 46303(c)(1) of title 49, nothing in this section authorizes

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

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

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

8 (1) The table of sections for chapter 21 of title

9 28, United States Code, is amended—

10 (A) in the item relating to section 452, by

11 striking ‘‘power’’ and inserting ‘‘powers’’; and

12 (B) by adding at the end the following:

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

13 (2) The section heading for section 453 of title

14 28, United States Code, is amended to read as follows:

15 ‘‘§ 453. Oath of justices and judges’’.

16 (c) EFFECTIVE DATE.—The amendments made by sub17 section (a) and subsection (b)(1)(B) of this section shall take

18 effect upon the earlier of the promulgation of regulations

19 by the Judicial Conference under this section or one year

20 after the date of the enactment of this Act.
33

•HR 1752 RH

1 SEC. 305. REMOVAL OF AUTOMATIC EXCUSE FROM JURY

2 SERVICE FOR MEMBERS OF THE ARMED

3 SERVICES, MEMBERS OF FIRE AND POLICE

4 DEPARTMENTS, AND PUBLIC OFFICERS.

5 (a) REMOVAL OF AUTOMATIC EXCUSE.—Section

6 1863(b) of title 28, United States Code, is amended by strik7 ing paragraph (6) and redesignating subsequent para8 graphs accordingly.

9 (b) CONFORMING AMENDMENTS.—Section 1869 of title

10 28, United States Code, is amended—

11 (1) by striking subsections (i) and (k);

12 (2) by redesignating subsection (j) as subsection

13 (i) and by striking the semicolon at the end and in14 serting ‘‘; and’’; and

15 (3) by redesignating subsection (l) as subsection

16 (k).

17 (c) SERVICE BY MEMBERS OF ARMED FORCES.—(1)

18 Section 982 of title 10, United States Code, is amended—

19 (A) by amending the section heading to read as

20 follows:

21 ‘‘§ 982. Members: service on Federal, State, and local

22 juries’’;

23 and

24 (B) in subsection (a) by striking ‘‘State or’’ and

25 inserting ‘‘Federal, State, or’’.
34

•HR 1752 RH

1 (2) The item relating to section 982 in the table of

2 sections for chapter 49 of title 10, United States Code, is

3 amended to read as follows:

‘‘982. Members: service on Federal, State, and local juries.’’.

4 SEC. 306. EXPANDED WORKERS’ COMPENSATION COVERAGE

5 FOR JURORS.

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

7 States Code, is amended—

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

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

10 clause (D) ‘‘, or (E) traveling to or from the court11 house pursuant to a jury summons or sequestration

12 order, or as otherwise necessitated by order of the

13 court’’.

14 SEC. 307. PROPERTY DAMAGE, THEFT, AND LOSS CLAIMS OF

15 JURORS.

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

17 by adding at the end the following new subsection:

18 ‘‘(i) The Director may pay a claim by a person sum19 moned to serve or serving as a grand juror or petit juror

20 for loss of, or damage to, personal property that occurs inci21 dent to that person’s performance of duties in response to

22 the summons or at the direction of an officer of the court.

23 With respect to claims, the Director shall have the authority

24 granted to the head of an agency by section 3721 of title

25 31, for consideration of employee’s personal property
35

•HR 1752 RH

1 claims. The Director shall prescribe guidelines for the con2 sideration of claims under this subsection.’’.

3 SEC. 308. ELIMINATION OF THE PUBLIC DRAWING REQUIRE4 MENTS FOR SELECTION OF JUROR WHEELS.

5 (a) DRAWING OF NAMES FROM MASTER WHEEL.—

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

7 amended—

8 (1) by striking ‘‘publicly’’ in the first sentence;

9 and

10 (2) by inserting after the first sentence the fol11 lowing: ‘‘The clerk or jury commission shall post a

12 general notice for public review in the clerk’s office ex13 plaining the process by which names are periodically

14 and randomly drawn.’’.

15 (b) SELECTION AND SUMMONING OF JURY PANELS.—

16 Section 1866(a) of title 28, United States Code, is

17 amended—

18 (1) by striking ‘‘publicly’’ in the second sentence;

19 and

20 (2) by inserting after the second sentence the fol21 lowing: ‘‘The clerk or jury commission shall post a

22 general notice for public review in the clerk’s office ex23 plaining the process by which names are periodically

24 and randomly drawn.’’.
36

•HR 1752 RH

1 SEC. 309. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECU2 TIVES.

3 Section 6304(f)(1) of title 5, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(F) the judicial branch designated as a court

6 unit executive position by the Judicial Conference of

7 the United States.’’.

8 SEC. 310. 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. 311. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR

17 THE FEDERAL CIRCUIT.

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

19 by adding at the end the following new subsection:

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

21 Federal Circuit may appoint a circuit executive, who shall

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

23 executive, the court shall take into account experience in

24 administrative and executive positions, familiarity with

25 court procedures, and special training. The circuit executive

26 shall exercise such administrative powers and perform such
37

•HR 1752 RH

1 duties as may be delegated by the court. The duties dele2 gated to the circuit executive may include but need not be

3 limited to the duties specified in subsection (e) of this sec4 tion, insofar as they are applicable to the Court of Appeals

5 for the Federal Circuit.

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

7 circuit executives established under subsection (f) of this sec8 tion.

9 ‘‘(3) The circuit executive may appoint, with the ap10 proval of the court, necessary employees in such number as

11 may be approved by the Director of the Administrative Of12 fice of the United States Courts.

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

14 to be officers and employees of the United States within the

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

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

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

18 may appoint a combined circuit executive/clerk who shall

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

20 SEC. 312. AMENDMENT TO THE JURY SELECTION PROCESS.

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

22 amended—

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

24 under supervision of the court if the court’s jury selec-
38

•HR 1752 RH

1 tion plan so authorizes,’’ after ‘‘jury commission,’’;

2 and

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

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

5 ‘‘may provide,’’.

6 SEC. 313. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JU7 RORS SERVING ON LENGTHY TRIALS.

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

9 amended by striking ‘‘thirty’’ each place it appears and in10 serting ‘‘five’’.

11 TITLE IV—CRIMINAL JUSTICE ACT

12 AMENDMENTS

13 SEC. 401. 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 ‘‘$3,500’’ and inserting

19 ‘‘$5,400’’;

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

21 ‘‘$1,600’’;

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

23 and inserting ‘‘$3,900’’;

24 (3) in the third sentence—
39

•HR 1752 RH

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

2 ‘‘$1,200’’; and

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

4 ‘‘$3,900’’;

5 (4) by inserting after the second sentence the fol6 lowing new sentence: ‘‘For representation of a peti7 tioner in a non-capital habeas corpus proceeding, the

8 compensation for each attorney shall not exceed the

9 amount applicable to a felony in this paragraph for

10 representation of a defendant before a judicial officer

11 of the district court. For representation of such peti12 tioner in an appellate court, the compensation for

13 each attorney shall not exceed the amount applicable

14 for representation of a defendant in an appellate

15 court.’’; and

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

17 inserting ‘‘1,200’’.

18 SEC. 402. MAXIMUM AMOUNTS OF COMPENSATION FOR

19 SERVICES OTHER THAN COUNSEL.

20 Section 3006A(e) of title 18, United States Code, is

21 amended—

22 (1) in paragraph (2)—

23 (A) in subparagraph (A) by striking ‘‘300’’

24 and inserting ‘‘500’’; and
40

•HR 1752 RH

1 (B) in subparagraph (B) by striking ‘‘300’’

2 and inserting ‘‘500’’; and

3 (2) in paragraph (3) in the first sentence by

4 striking ‘‘1,000’’ and inserting ‘‘1,600’’.

5 SEC. 403. TORT CLAIMS ACT AMENDMENTS RELATING TO LI6 ABILITY OF FEDERAL PUBLIC DEFENDERS.

7 Section 2671 of title 28, United States Code, is amend8 ed in the second paragraph—

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

10 (2) by striking the period at the end and insert11 ing the following: ‘‘, and (2) any officer or employee

12 of a Federal Public Defender Organization, except

13 when such officer or employee performs professional

14 services in the course of providing representation

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