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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1752 Referred in Senate (RFS)]

  2d Session
                                H. R. 1752

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2000

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Courts 
Improvement Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

Sec. 101. Transfer of retirement funds.
Sec. 102. Judiciary Information Technology Fund.
Sec. 103. Bankruptcy fees.
Sec. 104. Disposition of miscellaneous fees.
Sec. 105. Repeal of statute setting Court of Federal Claims filing fee.
Sec. 106. Technical amendment relating to the treatment of certain 
                            bankruptcy fees collected.
Sec. 107. Increase in fee for converting a chapter 7 or chapter 13 
                            bankruptcy case to a chapter 11 bankruptcy 
                            case.
Sec. 108. Increase in chapter 9 bankruptcy filing fee.
Sec. 109. Creation of certifying officers in the judicial branch.
Sec. 110. 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.
Sec. 312. Amendment to the jury selection process.
Sec. 313. Supplemental attendance fee for petit jurors serving on 
                            lengthy trials.
Sec. 314. Service on territorial courts.
Sec. 315. Residence of retired judges.
Sec. 316. Court of Federal Claims Judicial Conference.
Sec. 317. Recall of judges on disability status.
Sec. 318. Senior status provision.
Sec. 319. Miscellaneous provision.
               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.

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

SEC. 101. TRANSFER OF RETIREMENT FUNDS.

    Section 377 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(p) Transfer of Retirement Funds.--Upon election by a bankruptcy 
judge or a magistrate judge under subsection (f) of this section, all 
of the accrued employer contributions and accrued interest on those 
contributions made on behalf of the bankruptcy judge or magistrate 
judge to the Civil Service Retirement and Disability Fund under section 
8348 of title 5 shall be transferred to the fund established under 
section 1931 of this title, except that if the bankruptcy judge or 
magistrate judge elects, under section 2(c) of the Retirement and 
Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988 
(Public Law 100-659), to receive a retirement annuity under both this 
section and title 5, only the accrued employer contributions and 
accrued interest on such contributions made on behalf of the bankruptcy 
judge or magistrate judge for service credited under this section may 
be transferred.''.

SEC. 102. JUDICIARY INFORMATION TECHNOLOGY FUND.

    Section 612 of title 28, United States Code, is amended--
            (1) by striking ``equipment'' each place it appears and 
        inserting ``resources'';
            (2) by striking subsection (f) and redesignating subsequent 
        subsections accordingly;
            (3) in subsection (g), as so redesignated, by striking 
        paragraph (3); and
            (4) in subsection (i), as so redesignated--
                    (A) by striking ``Judiciary'' and inserting 
                ``judiciary'';
                    (B) by striking ``subparagraph (c)(1)(B)'' and 
                inserting ``subsection (c)(1)(B)''; and
                    (C) by striking ``under (c)(1)(B)'' and inserting 
                ``under subsection (c)(1)(B)''.

SEC. 103. BANKRUPTCY FEES.

    Subsection (a) of section 1930 of title 28, United States Code, is 
amended by inserting after paragraph (6) the following new paragraph:
            ``(7) In districts that are not part of a United States 
        trustee region as defined in section 581 of this title, the 
        Judicial Conference of the United States may require the debtor 
        in a case under chapter 11 of title 11 to pay fees equal to 
        those imposed by paragraph (6). Such fees shall be deposited 
        into the fund established under section 1931.''.

SEC. 104. DISPOSITION OF MISCELLANEOUS FEES.

    For fiscal year 2000 and thereafter, any portion of miscellaneous 
fees collected as prescribed by the Judicial Conference of the United 
States pursuant to sections 1913, 1914(b), 1926(a), 1930(b), and 1932 
of title 28, United States Code, exceeding the amount of such fees 
established on the date of the enactment of this Act shall be deposited 
into the special fund of the Treasury established under section 1931 of 
title 28, United States Code.

SEC. 105. REPEAL OF STATUTE SETTING COURT OF FEDERAL CLAIMS FILING FEE.

    Section 2520 of title 28, United States Code, and the item relating 
to such section in the table of contents for chapter 165 of such title, 
are repealed.

SEC. 106. TECHNICAL AMENDMENT RELATING TO THE TREATMENT OF CERTAIN 
              BANKRUPTCY FEES COLLECTED.

    (a) Amendment.--The first sentence of section 406(b) of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1990 (Public Law 101-162; 103 Stat. 1016) 
is amended by striking ``service enumerated after item 18'' and 
inserting ``service not of a kind described in any of the items 
enumerated as items 1 through 7 and as items 9 through 18, as in effect 
on November 21, 1989, (and not of a kind described in items enumerated 
as items 8.1, 8.2, and 23, as in effect on January 1, 1998)''.
    (b) Application of Amendment.--The amendment made by subsection (a) 
shall not apply with respect to fees collected before the date of the 
enactment of this Act.

SEC. 107. INCREASE IN FEE FOR CONVERTING A CHAPTER 7 OR CHAPTER 13 
              BANKRUPTCY CASE TO A CHAPTER 11 BANKRUPTCY CASE.

    The flush paragraph at the end of section 1930(a) of title 28, 
United States Code, is amended by striking ``of $400'' and inserting 
``which is the amount equal to the difference between the fee specified 
in paragraph (3) and the fee specified in paragraph (1)''.

SEC. 108. INCREASE IN CHAPTER 9 BANKRUPTCY FILING FEE.

    Section 1930(a)(2) of title 28, United States Code, is amended by 
striking ``$300'' and inserting ``an amount equal to the fee specified 
in paragraph (3) for filing a case under chapter 11 of title 11. The 
amount by which the fee payable under this paragraph exceeds $300 shall 
be deposited in the fund established under section 1931 of this 
title''.

SEC. 109. CREATION OF CERTIFYING OFFICERS IN THE JUDICIAL BRANCH.

    (a) Appointment of Disbursing and Certifying Officers.--Chapter 41 
of title 28, United States Code, is amended by adding at the end the 
following new section:
``Sec. 613. Disbursing and certifying officers
    ``(a) Disbursing Officers.--The Director may designate in writing 
officers and employees of the judicial branch of the Government, 
including the courts as defined in section 610 other than the Supreme 
Court, to be disbursing officers in such numbers and locations as the 
Director considers necessary. Such dispersing officers shall--
            ``(1) disburse moneys appropriated to the judicial branch 
        and other funds only in strict accordance with payment requests 
        certified by the Director or in accordance with subsection (b);
            ``(2) examine payment requests as necessary to ascertain 
        whether they are in proper form, certified, and approved; and
            ``(3) be held accountable for their actions as provided by 
        law, except such a disbursing officer shall not be held 
        accountable or responsible for any illegal, improper, or 
        incorrect payment resulting from any false, inaccurate, or 
        misleading certificate for which a certifying officer is 
        responsible under subsection (b).
    ``(b) Certifying Officers.--(1) The Director may designate in 
writing officers and employees of the judicial branch of the 
Government, including the courts as defined in section 610 other than 
the Supreme Court, to certify payment requests payable from 
appropriations and funds. These certifying officers shall be 
responsible and accountable for--
            ``(A) the existence and correctness of the facts recited in 
        the certificate or other request for payment or its supporting 
        papers;
            ``(B) the legality of the proposed payment under the 
        appropriation or fund involved; and
            ``(C) the correctness of the computations of certified 
        payment requests.
    ``(2) The liability of a certifying officer shall be enforced in 
the same manner and to the same extent as provided by law with respect 
to the enforcement of the liability of disbursing and other accountable 
officers. A certifying officer shall be required to make restitution to 
the United States for the amount of any illegal, improper, or incorrect 
payment resulting from any false, inaccurate, or misleading 
certificates made by the certifying officer, as well as for any payment 
prohibited by law or which did not represent a legal obligation under 
the appropriation or fund involved.
    ``(c) Rights.--A certifying or disbursing officer--
            ``(1) has the right to apply for and obtain a decision by 
        the Comptroller General on any question of law involved in a 
        payment request presented for certification; and
            ``(2) is entitled to relief from liability arising under 
        this section in accordance with title 31.
    ``(d) Other Authority Not Affected.--Nothing in this section 
affects the authority of the courts with respect to moneys deposited 
with the courts under chapter 129 of this title.''.
    (b) Conforming Amendment.--The table of sections for chapter 41 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``613. Disbursing and certifying officers.''.
    (c) Duties of Director.--Paragraph (8) of subsection (a) of section 
604 of title 28, United States Code, is amended to read as follows:
            ``(8) Disburse appropriations and other funds for the 
        maintenance and operation of the courts;''.

SEC. 110. FEE AUTHORITY FOR TECHNOLOGY RESOURCES IN THE COURTS.

    (a) In General.--Chapter 41 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 614. Authority to prescribe fees for technology resources in the 
              courts
    ``The Judicial Conference is authorized to prescribe reasonable 
fees pursuant to sections 1913, 1914, 1926, 1930, and 1932, for use of 
information technology resources provided by the judiciary to improve 
the efficiency of and access to the courts. Fees collected pursuant to 
this section are to be deposited in the Judiciary Information 
Technology Fund to be available to the Director without fiscal year 
limitation for reinvestment in information technology resources which 
will advance the purposes of this section.''.
    (b) Conforming Amendment.--The table of sections for chapter 41 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``614. Authority to prescribe fees 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.

    Section 631 of title 28, United States Code, is amended--
            (1) by striking the first two sentences of subsection (a) 
        and inserting the following: ``The judges of each United States 
        district court and the district courts of the Virgin Islands, 
        Guam, and the Northern Mariana Islands shall appoint United 
        States magistrate judges in such numbers and to serve at such 
        locations within the judicial districts as the Conference may 
        determine under this chapter. In the case of a magistrate judge 
        appointed by the district court of the Virgin Islands, Guam, or 
        the Northern Mariana Islands, this chapter shall apply as 
        though the court appointing such a magistrate judge were a 
        United States district court.''; and
            (2) in the first sentence of subsection (b)(1), by 
        inserting ``the Territory of Guam, the Commonwealth of the 
        Northern Mariana Islands,'' after ``Commonwealth of Puerto 
        Rico,''.

SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

    Section 636(e) of title 28, United States Code, is amended to read 
as follows:
    ``(e) Contempt Authority.--
            ``(1) Contempt authority.--A United States magistrate judge 
        serving under this chapter shall have within the territorial 
        jurisdiction prescribed by his or her appointment the power to 
        exercise contempt authority as set forth in this subsection.
            ``(2) Summary criminal contempt authority.--A magistrate 
        judge shall have the power to punish summarily by fine or 
        imprisonment such contempt of his or her authority constituting 
        misbehavior of any person in the magistrate judge's presence so 
        as to obstruct the administration of justice. The order of 
        contempt shall be issued pursuant to Federal Rules of Criminal 
        Procedure.
            ``(3) Additional criminal contempt authority in civil 
        consent and misdemeanor cases.--In any case in which a United 
        States magistrate judge presides with the consent of the 
        parties under subsection (c) of this section, and in any 
        misdemeanor case proceeding before a magistrate judge under 
        section 3401 of title 18, the magistrate judge shall have the 
        power to punish by fine or imprisonment such criminal contempt 
        constituting disobedience or resistance to the magistrate 
        judge's lawful writ, process, order, rule, decree, or command. 
        Disposition of such contempt shall be conducted upon notice and 
        hearing pursuant to the Federal Rules of Criminal Procedure.
            ``(4) Civil contempt authority in civil consent and 
        misdemeanor cases.--In any case in which a United States 
        magistrate judge presides with the consent of the parties under 
        subsection (c) of this section, and in any misdemeanor case 
        proceeding before a magistrate judge under section 3401 of 
        title 18, the magistrate judge may exercise the civil contempt 
        authority of the district court. This paragraph shall not be 
        construed to limit the authority of a magistrate judge to order 
        sanctions pursuant to any other statute, the Federal Rules of 
        Civil Procedure, or the Federal Rules of Criminal Procedure.
            ``(5) Criminal contempt penalties.--The sentence imposed by 
        a magistrate judge for any criminal contempt set forth in 
        paragraphs (2) and (3) of this subsection shall not exceed the 
        penalties for a Class C misdemeanor as set forth in sections 
        3581(b)(8) and 3571(b)(6) of title 18.
            ``(6) Certification of other contempts to the district 
        court.--Upon the commission of any act--
                    ``(A) in any case in which a United States 
                magistrate judge presides with the consent of the 
                parties under subsection (c) of this section, or in any 
                misdemeanor case proceeding before a magistrate judge 
                under section 3401 of title 18, that may, in the 
                opinion of the magistrate judge, constitute a serious 
                criminal contempt punishable by penalties exceeding 
                those set forth in paragraph (5) of this subsection; or
                    ``(B) in any other case or proceeding under 
                subsection (a) or (b) of this section, or any other 
                statute, where--
                            ``(i) the act committed in the magistrate 
                        judge's presence may, in the opinion of the 
                        magistrate judge, constitute a serious criminal 
                        contempt punishable by penalties exceeding 
                        those set forth in paragraph (5) of this 
                        subsection;
                            ``(ii) the act that constitutes a criminal 
                        contempt occurs outside the presence of the 
                        magistrate judge; or
                            ``(iii) the act constitutes a civil 
                        contempt,
        the magistrate judge shall forthwith certify the facts to a 
        district judge and may serve or cause to be served upon any 
        person whose behavior is brought into question under this 
        paragraph an order requiring such person to appear before a 
        district judge upon a day certain to show cause why he or she 
        should not be adjudged in contempt by reason of the facts so 
        certified. The district judge shall thereupon hear the evidence 
        as to the act of conduct complained of and, if it is such as to 
        warrant punishment, punish such person in the same manner and 
        to the same extent as for a contempt committed before a 
        district judge.
            ``(7) Appeals of magistrate judge contempt orders.--The 
        appeal of an order of contempt issued pursuant to this 
        subsection shall be made to the court of appeals in cases 
        proceeding under subsection (c) of this section. The appeal of 
        any other order to contempt issued pursuant to this subsection 
        shall be made to the district court.''.

SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN PETTY OFFENSE CASES 
              AND MAGISTRATE JUDGE AUTHORITY IN MISDEMEANOR CASES 
              INVOLVING JUVENILE DEFENDANTS.

    (a) Amendments to Title 18.--
            (1) Petty offense cases.--Section 3401(b) of title 18, 
        United States Code, is amended by striking ``that is a class B 
        misdemeanor charging a motor vehicle offense, a class C 
        misdemeanor, or an infraction'' after ``petty offense''.
            (2) Cases involving juveniles.--Section 3401(g) of title 
        18, United States Code, is amended--
                    (A) by striking the first sentence and inserting 
                the following: ``The magistrate judge may, in a petty 
                offense case involving a juvenile, exercise all powers 
                granted to the district court under chapter 403 of this 
                title.'';
                    (B) in the second sentence by striking ``any other 
                class B or C misdemeanor case'' and inserting ``the 
                case of any misdemeanor, other than a petty offense,''; 
                and
                    (C) by striking the last sentence.
    (b) Amendments to Title 28.--Section 636(a) of title 28, United 
States Code, is amended by striking paragraphs (4) and (5) and 
inserting the following:
            ``(4) the power to enter a sentence for a petty offense; 
        and
            ``(5) the power to enter a sentence for a class A 
        misdemeanor in a case in which the parties have consented.''.

SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIREMENTS.

    Section 604 of title 28, United States Code, is amended in 
subsection (a) by striking the second paragraph designated (24) 
(relating to the savings and loan crisis).

SEC. 205. PLACE OF HOLDING COURT IN THE EASTERN DISTRICT OF TEXAS.

    (a) Texas.--Section 124(c) of title 28, United States Code, is 
amended--
            (1) in paragraph (3)--
                    (A) by striking ``Denton, and Grayson'' and 
                inserting ``Delta, Denton, Fannin, Grayson, Hopkins, 
                and Lamar''; and
                    (B) by inserting ``and Plano'' after ``held at 
                Sherman'';
            (2) by striking paragraph (4) and redesignating paragraphs 
        (5) through (7) as paragraphs (4) through (6), respectively; 
        and
            (3) in paragraph (5), as so redesignated, by inserting 
        ``Red River,'' after ``Franklin,''.
    (b) Texarkana.--Sections 83(b)(1) and 124(c)(5) (as redesignated by 
subsection (a) of this section) of title 28, United States Code, are 
each amended by inserting after ``held at Texarkana'' the following: 
``, and may be held anywhere within the Federal courthouse in Texarkana 
that is located astride the State line between Texas and Arkansas''.

SEC. 206. FEDERAL SUBSTANCE ABUSE TREATMENT PROGRAM REAUTHORIZATION.

    Section 4(a) of the Contract Services for Drug Dependent Federal 
Offenders Treatment Act of 1978 (Public Law 95-537; 92 Stat. 2038) is 
amended by striking all that follows ``there are authorized to be 
appropriated'' and inserting ``for fiscal year 2000 and each fiscal 
year thereafter such sums as may be necessary to carry out this Act.''.

SEC. 207. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

    Section 332 of title 28, United States Code, is amended in 
subsection (a)--
            (1) by striking paragraph (3) and inserting the following:
    ``(3) Except for the chief judge of the circuit, either judges in 
regular active service or judges retired from regular active service 
under section 371(b) of this title may serve as members of the 
council.''; and
            (2) by striking ``retirement,'' in paragraph (5) and 
        inserting ``retirement pursuant to section 371(a) or section 
        372(a) of this title,''.

SEC. 208. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS.

    Section 103(b)(2)(A) of the Civil Justice Reform Act of 1990 
(Public Law 101-650; 104 Stat. 5096; 28 U.S.C. 471 note), as amended by 
Public Law 105-53 (111 Stat. 1173), is amended by inserting ``471,'' 
after ``sections''.

SEC. 209. TECHNICAL BANKRUPTCY CORRECTION.

    Section 1228 of title 11, United States Code, is amended by 
striking ``1222(b)(10)'' each place it appears and inserting 
``1222(b)(9).''.

SEC. 210. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF COURT 
              PROCEEDINGS.

    (a) Authority of Appellate Courts.--Notwithstanding any other 
provision of law, the presiding judge of an appellate court of the 
United States may, in his or her discretion, with the consent of all 
named parties, permit the photographing, electronic recording, 
broadcasting, or televising to the public of court proceedings over 
which that judge presides.
    (b) Authority of District Courts.--
            (1) In general.--Notwithstanding any other provision of 
        law, any presiding judge of a district court of the United 
        States may, in his or her discretion, with the consent of all 
        named parties, permit the photographing, electronic recording, 
        broadcasting, or televising to the public of court proceedings 
        over which that judge presides.
            (2) Obscuring of witnesses.--(A) Upon the request of any 
        witness in a trial proceeding other than a party, the court 
        shall order the face and voice of the witness to be disguised 
        or otherwise obscured in such manner as to render the witness 
        unrecognizable to the broadcast audience of the trial 
        proceeding.
            (B) The presiding judge in a trial proceeding shall inform 
        each witness who is not a party that the witness has the right 
        to request that his or her image and voice be obscured during 
        the witness' testimony.
    (c) Advisory Guidelines.--The Judicial Conference of the United 
States is authorized to promulgate advisory guidelines to which a 
presiding judge shall refer in making decisions with respect to 
consistent criteria to be applied in the exercise of the discretion of 
the presiding judge, and to the management and administration of 
photographing, recording, broadcasting, and televising described in 
subsections (a) and (b).
    (d) Definitions.--As used in this section:
            (1) Presiding judge.--The term ``presiding judge'' means 
        the judge presiding over the court proceeding concerned. In 
        proceedings in which more than one judge participates, the 
        presiding judge shall be the senior active judge so 
        participating or, in the case of a circuit court of appeals, 
        the senior active circuit judge so participating, except that--
                    (A) in en banc sittings of any United States 
                circuit court of appeals, the presiding judge shall be 
                the chief judge of the circuit whenever the chief judge 
                participates; and
                    (B) in en banc sittings of the Supreme Court of the 
                United States, the presiding judge shall be the Chief 
                Justice whenever the Chief Justice participates.
            (2) Appellate court of the united states.--The term 
        ``appellate court of the United States'' means any United 
        States circuit court of appeals and the Supreme Court of the 
        United States.
    (e) Sunset.--The authority under subsection (b) shall terminate on 
the date that is 3 years after the date of the enactment of this Act.

TITLE III--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

SEC. 301. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF 
              ANNUITIES FOR TERRITORIAL JUDGES.

    Section 373 of title 28, is amended--
            (1) by amending subsection (c)(4) to read as follows:
    ``(4) Any senior judge performing judicial duties pursuant to 
recall under paragraph (2) of this subsection shall be paid, while 
performing such duties, the same compensation (in lieu of the annuity 
payable under this section) and the same allowances for travel and 
other expenses as a judge on active duty with the court being 
served.'';
            (2) by amending subsection (e) to read as follows:
    ``(e)(1) any judge of the District Court of Guam, the District 
Court of the Northern Mariana Islands, or the District Court of the 
Virgin Islands who is not reappointed (as judge of such court) shall be 
entitled, upon attaining the age of 65 years or upon relinquishing 
office if the judge is then beyond the age of 65 years--
            ``(A) if the judicial service of such judge, continuous or 
        otherwise, aggregates 15 years or more, to receive during the 
        remainder of such judge's life an annuity equal to the salary 
        received when the judge left office; or
            ``(B) if such judicial service, continuous or otherwise, 
        aggregated less then 15 years, to receive during the remainder 
        of such judge's life an annuity equal to that proportion of 
        such salary which the aggregate number of such judge's years of 
        service bears to 15.
    ``(2) Any judge of the District Court of Guam, the District Court 
of the Northern Mariana Islands, or the District Court of the Virgin 
Islands who has served at least 5 years, continuously or otherwise, and 
who retires or is removed upon the sole ground of mental or physical 
disability, shall be entitled to receive during the remainder of such 
judge's life an annuity equal to 40 percent of the salary received when 
the judge left office or, in the case of a judge who has served at 
least 10 years, continuously or otherwise, an annuity equal to that 
proportion of such salary which the aggregate number of such judge's 
years of judicial service bears to 15.''; and
            (3) by amending subsection (g) to read as follows:
    ``(g) Any retired judge who is entitled to receive an annuity under 
this section shall be entitled to a cost-of-living adjustment in the 
amount computed as specified in section 8340(b) of title 5, except that 
in no case may the annuity payable to such retired judge, as increased 
under this subsection, exceed the salary of a judge in regular active 
service with the court on which the retired judge served before 
retiring.''.

SEC. 302. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS.

    Section 625 of title 28, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``, United States Code, governing 
                appointments in'' and inserting ``governing 
                appointments in the'';
                    (B) by striking ``such title, relating'' and 
                inserting ``such title relating'';
                    (C) by striking ``pay rates, section 5316, title 5, 
                United States Code'' and inserting ``under section 5316 
                of title 5, except that the Director may fix the 
                compensation of four positions of the Center at a level 
                not to exceed the annual rate of pay in effect for 
                level IV of the Executive Schedule under section 5315 
                of title 5''; and
                    (D) by striking ``the Civil Servive'' and all that 
                follows through ``Code'' and inserting ``subchapter III 
                of chapter 83 of title 5 shall be adjusted pursuant to 
                the provisions of section 8344 of such title, and the 
                salary of a reemployed annuitant under chapter 84 of 
                title 5 shall be adjusted pursuant to the provisions of 
                section 8468 of such title'';
            (2) in subsection (c)--
                    (A) by striking ``, United States Code, governing 
                appointments in competitive service'' and inserting 
                ``governing appointments in the competitive service,''; 
                and
                    (B) by striking ``such title, relating'' and 
                inserting ``such title relating''; and
            (3) in subsection (d)--
                    (A) by striking ``, United States Code,''; and
                    (B) by striking ``, section 5332, title 5, United 
                States Code'' and inserting ``under section 5332 of 
                title 5''.

SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT MATTERS.

    (a) Elimination of Mandatory Retirement Age for Director of Federal 
Judicial Center.--Section 627 of title 28, United States Code, is 
amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b) through (f) as 
        subsections (a) through (e), respectively.
    (b) Creditable Service for Certain Judicial Administrative 
Officials.--
            (1) Sections 611(d) and 627(d) (as redesignated by 
        subsection (a) of this section) of title 28, United States 
        Code, are each amended by inserting ``a congressional employee 
        in the capacity of primary administrative assistant to a Member 
        of Congress or in the capacity of staff director or chief 
        counsel for the majority or the minority of a committee or 
        subcommittee of the Senate or House of Representatives,'' after 
        ``Congress,''; and
            (2) Sections 611(b) and 627(b) (as redesignated by 
        subsection (a) of this section) of such title are each 
        amended--
                    (A) by striking ``who has served at least fifteen 
                years and'' and inserting ``who has at least fifteen 
                years of service and has''; and
                    (B) in the first undesignated paragraph, by 
                striking ``who has served at least ten years,'' and 
                inserting ``who has at least ten years of service,''.
            (3) Sections 611(c) and 627(c) (as redesignated by 
        subsection (a) of this section) of such title are each 
        amended--
                    (A) by striking ``served at least fifteen years,'' 
                and inserting ``at least fifteen years of service,''; 
                and
                    (B) by striking ``served less than fifteen years,'' 
                and inserting ``less than fifteen years of service,''.

SEC. 304. JUDGES' FIREARMS TRAINING.

    (a) In General.--Chapter 21 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 464. Carrying of firearms by judicial officers
    ``(a) Authority.--A judicial officer of the United States is 
authorized to carry a firearm, whether concealed or not, under 
regulations promulgated by the Judicial Conference of the United 
States. The authority granted by this section shall extend only--
            ``(1) to those States in which the carrying of firearms by 
        judicial officers of the State is permitted by State law; or
            ``(2) regardless of State law, to any State in which the 
        judicial officer of the United States sits, resides, or is 
        present on official travel status.
    ``(b) Implementation.--
            ``(1) Regulations.--The regulations promulgated by the 
        Judicial Conference under subsection (a) shall--
                    ``(A) require a demonstration of a judicial 
                officer's proficiency in the use and safety of firearms 
                as a prerequisite to carrying of firearms under the 
                authority of this section; and
                    ``(B) ensure that the carrying of a firearm by a 
                judicial officer under the protection of the United 
                States Marshals Service while away from United States 
                courthouses is consistent with Marshals Service policy 
                on carrying of firearms by persons receiving such 
                protection.
            ``(2) Assistance by other agencies.--At the request of the 
        Judicial Conference, the Attorney General and appropriate law 
        enforcement components of the Department of Justice shall 
        assist the Judicial Conference in developing and providing 
        training to assist judicial officers in securing the 
        proficiency referred to in paragraph (1).
    ``(c) Definition.--For purposes of this section, the term `judicial 
officer of the United States' means--
            ``(1) a justice or judge of the United States as defined in 
        section 451 in regular active service or retired from regular 
        active service;
            ``(2) a justice or judge of the United States who has been 
        retired from the judicial office under section 371(a) for--
                    ``(A) no longer than a 1-year period following such 
                justice's or judge's retirement; or
                    ``(B) a longer period of time if approved by the 
                Judicial Conference of the United States when 
                exceptional circumstances warrant;
            ``(3) a United States bankruptcy judge;
            ``(4) a full-time or part-time United States magistrate 
        judge;
            ``(5) a judge of the United States Court of Federal Claims;
            ``(6) a judge of the United States District Court of Guam;
            ``(7) a judge of the United States District Court for the 
        Northern Mariana Islands;
            ``(8) a judge of the United States District Court of the 
        Virgin Islands; or
            ``(9) an individual who is retired from one of the judicial 
        positions described under paragraphs (3) through (8) to the 
        extent provided for in regulations of the Judicial Conference 
        of the United States.
    ``(d) Exception.--Notwithstanding section 46303(c)(1) of title 49, 
nothing in this section authorizes a judicial officer of the United 
States to carry a dangerous weapon on an aircraft or other common 
carrier.''.
    (b) Technical and Conforming Amendments.--
            (1) The table of sections for chapter 21 of title 28, 
        United States Code, is amended--
                    (A) in the item relating to section 452, by 
                striking ``power'' and inserting ``powers''; and
                    (B) by adding at the end the following:

``464. Carrying of firearms by judicial officers.''.
            (2) The section heading for section 453 of title 28, United 
        States Code, is amended to read as follows:
``Sec. 453. Oath of justices and judges''.
    (c) Effective Date.--The amendments made by subsection (a) and 
subsection (b)(1)(B) of this section shall take effect upon the earlier 
of the promulgation of regulations by the Judicial Conference under 
this section or 1 year after the date of the enactment of this Act.

SEC. 305. REMOVAL OF AUTOMATIC EXCUSE FROM JURY SERVICE FOR MEMBERS OF 
              THE ARMED SERVICES, MEMBERS OF FIRE AND POLICE 
              DEPARTMENTS, AND PUBLIC OFFICERS.

    (a) Removal of Automatic Excuse.--Section 1863(b) of title 28, 
United States Code, is amended by striking paragraph (6) and 
redesignating subsequent paragraphs accordingly.
    (b) Conforming Amendments.--Section 1869 of title 28, United States 
Code, is amended--
            (1) by striking subsections (i) and (k);
            (2) by redesignating subsection (j) as subsection (i) and 
        by striking the semicolon at the end and inserting ``; and''; 
        and
            (3) by redesignating subsection (l) as subsection (k).
    (c) Service by Members of Armed Forces.--(1) Section 982 of title 
10, United States Code, is amended--
            (A) by amending the section heading to read as follows:
``Sec. 982. Members: service on Federal, State, and local juries''; and
            (B) in subsection (a) by striking ``State or'' and 
        inserting ``Federal, State, or''.
    (2) The item relating to section 982 in the table of sections for 
chapter 49 of title 10, United States Code, is amended to read as 
follows:

``982. Members: service on Federal, State, and local juries.''.

SEC. 306. EXPANDED WORKERS' COMPENSATION COVERAGE FOR JURORS.

    Paragraph (2) of section 1877(b) of title 28, United States Code, 
is amended--
            (1) by striking ``or'' at the end of clause (C); and
            (2) by inserting before the period at the end of clause (D) 
        ``, or (E) traveling to or from the courthouse pursuant to a 
        jury summons or sequestration order, or as otherwise 
        necessitated by order of the court''.

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

    Section 604 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(i) The Director may pay a claim by a person summoned to serve or 
serving as a grand juror or petit juror for loss of, or damage to, 
personal property that occurs incident to that person's performance of 
duties in response to the summons or at the direction of an officer of 
the court. With respect to claims, the Director shall have the 
authority granted to the head of an agency by section 3721 of title 31 
for consideration of employees' personal property claims. The Director 
shall prescribe guidelines for the consideration of claims under this 
subsection.''.

SEC. 308. ELIMINATION OF THE PUBLIC DRAWING REQUIREMENTS FOR SELECTION 
              OF JUROR WHEELS.

    (a) Drawing of Names From Master Wheel.--Section 1864(a) of title 
28, United States Code, is amended--
            (1) by striking ``publicly'' in the first sentence; and
            (2) by inserting after the first sentence the following: 
        ``The clerk or jury commission shall post a general notice for 
        public review in the clerk's office explaining the process by 
        which names are periodically and randomly drawn.''.
    (b) Selection and Summoning of Jury Panels.--Section 1866(a) of 
title 28, United States Code, is amended--
            (1) by striking ``publicly'' in the second sentence; and
            (2) by inserting after the second sentence the following: 
        ``The clerk or jury commission shall post a general notice for 
        public review in the clerk's office explaining the process by 
        which names are periodically and randomly drawn.''.

SEC. 309. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECUTIVES.

    Section 6304(f)(1) of title 5, United States Code, is amended--
            (1) in subparagraph (D), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (E), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(F) the judicial branch designated as a court unit 
        executive position by the Judicial Conference of the United 
        States.''.

SEC. 310. PAYMENTS TO MILITARY SURVIVOR BENEFIT PLAN.

    Section 371(e) of title 28, United States Code, is amended by 
inserting after ``such retired or retainer pay'' the following: ``, 
except such pay as is deductible from the retired or retainer pay as a 
result of participation in any survivor's benefits plan in connection 
with the retired pay,''.

SEC. 311. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR THE FEDERAL CIRCUIT.

    Section 332 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h)(1) The United States Court of Appeals for the Federal Circuit 
may appoint a circuit executive, who shall serve at the pleasure of the 
court. In appointing a circuit executive, the court shall take into 
account experience in administrative and executive positions, 
familiarity with court procedures, and special training. The circuit 
executive shall exercise such administrative powers and perform such 
duties as may be delegated by the court. The duties delegated to the 
circuit executive may include but need not be limited to the duties 
specified in subsection (e) of this section, insofar as they are 
applicable to the Court of Appeals for the Federal Circuit.
    ``(2) The circuit executive shall be paid the salary for circuit 
executives established under subsection (f) of this section.
    ``(3) The circuit executive may appoint, with the approval of the 
court, necessary employees in such number as may be approved by the 
Director of the Administrative Office of the United States Courts.
    ``(4) The circuit executive and staff shall be deemed to be 
officers and employees of the United States within the meaning of the 
statutes specified in subsection (f)(4).
    ``(5) The court may appoint either a circuit executive under this 
subsection or a clerk under section 711 of this title, but not both, or 
may appoint a combined circuit executive/clerk who shall be paid the 
salary of a circuit executive.''.

SEC. 312. AMENDMENT TO THE JURY SELECTION PROCESS.

    Section 1865 of title 28, United States Code, is amended--
            (1) in subsection (a) by inserting ``or the clerk under 
        supervision of the court if the court's jury selection plan so 
        authorizes,'' after ``jury commission,''; and
            (2) in subsection (b) by inserting ``or the clerk if the 
        court's jury selection plan so provides,'' after ``may 
        provide,''.

SEC. 313. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON 
              LENGTHY TRIALS.

    Section 1871(b)(2) of title 28, United States Code, is amended by 
striking ``thirty'' each place it appears and inserting ``five''.

SEC. 314. SERVICE ON TERRITORIAL COURTS.

    Section 174 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Upon request by or on behalf of a territorial court, and with 
the concurrence of the chief judge of the Court of Federal Claims and 
the chief judge of the judicial circuit involved based upon a finding 
of need, judges of the Court of Federal Claims shall have the authority 
to conduct proceedings in the district courts of territories to the 
same extent as duly appointed judges of those courts.''.

SEC. 315. RESIDENCE OF RETIRED JUDGES.

    Section 175 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Retired judges of the Court of Federal Claims are not subject 
to restrictions as to residence. The place where a retired judge 
maintains the actual abode in which such judge customarily lives shall 
be deemed to be the judge's official duty station for the purposes of 
section 456 of this title.''.

SEC. 316. COURT OF FEDERAL CLAIMS JUDICIAL CONFERENCE.

    (a) In General.--Chapter 15 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 336. Judicial Conference of the Court of Federal Claims
    ``(a) Annual Conference.--The chief judge of the Court of Federal 
Claims is authorized to summon annually the judges of that court to a 
judicial conference, at a time and place that the chief judge 
designates, for the purpose of considering the business of the Court of 
Federal Claims and improvements in the administration of justice in 
that court.
    ``(b) Representation and Participation by Members of the Bar.--The 
Court of Federal Claims shall provide by its rules or by general order 
for representation and active participation by members of the bar at 
the judicial conference summoned under subsection (a).''.
    (b) Conforming Amendment.--The table of sections of chapter 15 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``336. Judicial Conference of the Court of Federal Claims.''.

SEC. 317. RECALL OF JUDGES ON DISABILITY STATUS.

    Section 797(a) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end the following:
    ``(2) Any judge of the Court of Federal Claims receiving an annuity 
pursuant to section 178(c) of this title (pertaining to disability) 
who, in the estimation of the chief judge, has recovered sufficiently 
to render judicial service, shall be known and designated as a senior 
judge and may perform duties as a judge when recalled pursuant to 
subsection (b) of this section.''.

SEC. 318. SENIOR STATUS PROVISION.

    (a) In General.--Section 178 of title 28, United States Code, is 
amended by adding at the end the following new subsection:
    ``(m) For purposes of section 3121(i)(5) of the Internal Revenue 
Act of 1986 (26 U.S.C. 3121(i)(5)) and section 209(h) of the Social 
Security Act (42 U.S.C. 409(h)), the annuity of a judge of the Court of 
Federal Claims who is on senior status after attaining age 65 shall be 
deemed to be an amount paid under section 371(b) of this title for 
performing services under the provisions of section 294 of this 
title.''.
    (b) Clerical Amendment.--Section 178(k)(2) of title 28, United 
States Code, is amended by inserting ``the'' after ``Director of''.

SEC. 319. MISCELLANEOUS PROVISION.

    Chapter 7 of title 28, United States Code, is amended by adding 
after section 178 the following new section:
``Sec. 179. Insurance and annuities programs
    ``(a) Judges Deemed to be Officers for Purposes of Title 5.--For 
purposes of construing title 5, a judge of the United States Court of 
Federal Claims shall be deemed to be an `officer' under section 2104(a) 
of such title.
    ``(b) Health Insurance Benefits.--For purposes of construing 
chapter 89 of title 5, a judge of the United States Court of Federal 
Claims who--
            ``(1) is retired under section 178(a) or (b) of this title 
        and performs recall service under section 178(d) of this title; 
        and
            ``(2) was enrolled in a health benefits plan under chapter 
        89 of title 5 at the time the judge became a retired judge,
shall be deemed to be an annuitant meeting the requirements of section 
8905(b)(1) of title 5, notwithstanding the length of enrollment prior 
to the date of retirement.''.

               TITLE IV--CRIMINAL JUSTICE ACT AMENDMENTS

SEC. 401. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.

    Paragraph (2) of subsection (d) of section 3006A of title 18, 
United States Code, is amended--
            (1) in the first sentence--
                    (A) by striking ``$3,500'' and inserting 
                ``$5,400'';
                    (B) by striking ``$1,000'' and inserting 
                ``$1,600'';
            (2) in the second sentence by striking ``$2,500'' and 
        inserting ``$3,900'';
            (3) in the third sentence--
                    (A) by striking ``$750'' and inserting ``$1,200''; 
                and
                    (B) by striking ``$2,500'' and inserting 
                ``$3,900'';
            (4) by inserting after the second sentence the following 
        new sentence: ``For representation of a petitioner in a non-
        capital habeas corpus proceeding, the compensation for each 
        attorney shall not exceed the amount applicable to a felony in 
        this paragraph for representation of a defendant before a 
        judicial officer of the district court. For representation of 
        such petitioner in an appellate court, the compensation for 
        each attorney shall not exceed the amount applicable for 
        representation of a defendant in an appellate court.''; and
            (5) in the last sentence by striking ``$750'' and inserting 
        ``$1,200''.

SEC. 402. MAXIMUM AMOUNTS OF COMPENSATION FOR SERVICES OTHER THAN 
              COUNSEL.

    Section 3006A(e) of title 18, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A) by striking ``$300'' and 
                inserting ``$500''; and
                    (B) in subparagraph (B) by striking ``$300'' and 
                inserting ``$500''; and
            (2) in paragraph (3) in the first sentence by striking 
        ``$1,000'' and inserting ``$1,600''.

SEC. 403. TORT CLAIMS ACT AMENDMENTS RELATING TO LIABILITY OF FEDERAL 
              PUBLIC DEFENDERS.

    Section 2671 of title 28, United States Code, is amended in the 
second paragraph--
            (1) by inserting ``(1)'' after ``includes''; and
            (2) by striking the period at the end and inserting the 
        following: ``, and (2) any officer or employee of a Federal 
        Public Defender Organization, except when such officer or 
        employee performs professional services in the course of 
        providing representation under section 3006A of title 18.''.

            Passed the House of Representatives May 22, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```