IIB

106TH CONGRESS

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 1752 RFS

1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

3 ‘‘Federal Courts Improvement Act of 2000’’.

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

5 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.
3

HR 1752 RFS

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.

1 TITLE I—JUDICIAL FINANCIAL

2 ADMINISTRATION

3 SEC. 101. TRANSFER OF RETIREMENT FUNDS.

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

5 amended by adding at the end the following new sub6 section:

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

8 election by a bankruptcy judge or a magistrate judge

9 under subsection (f) of this section, all of the accrued em10 ployer contributions and accrued interest on those con11 tributions made on behalf of the bankruptcy judge or mag12 istrate judge to the Civil Service Retirement and Disability

13 Fund under section 8348 of title 5 shall be transferred

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

15 except that if the bankruptcy judge or magistrate judge

16 elects, under section 2(c) of the Retirement and Survivors’
4

HR 1752 RFS

1 Annuities for Bankruptcy Judges and Magistrates Act of

2 1988 (Public Law 100–659), to receive a retirement annu3 ity under both this section and title 5, only the accrued

4 employer contributions and accrued interest on such con5 tributions made on behalf of the bankruptcy judge or mag6 istrate judge for service credited under this section may

7 be transferred.’’.

8 SEC. 102. JUDICIARY INFORMATION TECHNOLOGY FUND.

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

10 amended—

11 (1) by striking ‘‘equipment’’ each place it ap12 pears and inserting ‘‘resources’’;

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

14 subsequent subsections accordingly;

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

16 striking paragraph (3); and

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

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

19 ‘‘judiciary’’;

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

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

22 (C) by striking ‘‘under (c)(1)(B)’’ and in23 serting ‘‘under subsection (c)(1)(B)’’.
5

HR 1752 RFS

1 SEC. 103. BANKRUPTCY FEES.

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

3 States Code, is amended by inserting after paragraph (6)

4 the following new paragraph:

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

6 States trustee region as defined in section 581 of

7 this title, the Judicial Conference of the United

8 States may require the debtor in a case under chap9 ter 11 of title 11 to pay fees equal to those imposed

10 by paragraph (6). Such fees shall be deposited into

11 the fund established under section 1931.’’.

12 SEC. 104. DISPOSITION OF MISCELLANEOUS FEES.

13 For fiscal year 2000 and thereafter, any portion of

14 miscellaneous fees collected as prescribed by the Judicial

15 Conference of the United States pursuant to sections

16 1913, 1914(b), 1926(a), 1930(b), and 1932 of title 28,

17 United States Code, exceeding the amount of such fees

18 established on the date of the enactment of this Act shall

19 be deposited into the special fund of the Treasury estab20 lished under section 1931 of title 28, United States Code.

21 SEC. 105. REPEAL OF STATUTE SETTING COURT OF FED22 ERAL CLAIMS FILING FEE.

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

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

25 chapter 165 of such title, are repealed.
6

HR 1752 RFS

1 SEC. 106. TECHNICAL AMENDMENT RELATING TO THE

2 TREATMENT OF CERTAIN BANKRUPTCY FEES

3 COLLECTED.

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

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

6 State, the Judiciary, and Related Agencies Appropriations

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

8 amended by striking ‘‘service enumerated after item 18’’

9 and inserting ‘‘service not of a kind described in any of

10 the items enumerated as items 1 through 7 and as items

11 9 through 18, as in effect on November 21, 1989, (and

12 not of a kind described in items enumerated as items 8.1,

13 8.2, and 23, as in effect on January 1, 1998)’’.

14 (b) APPLICATION OF AMENDMENT.—The amendment

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

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

17 SEC. 107. INCREASE IN FEE FOR CONVERTING A CHAPTER

18 7 OR CHAPTER 13 BANKRUPTCY CASE TO A

19 CHAPTER 11 BANKRUPTCY CASE.

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

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

22 ‘‘of $400’’ and inserting ‘‘which is the amount equal to

23 the difference between the fee specified in paragraph (3)

24 and the fee specified in paragraph (1)’’.
7

HR 1752 RFS

1 SEC. 108. INCREASE IN CHAPTER 9 BANKRUPTCY FILING

2 FEE.

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

4 is amended by striking ‘‘$300’’ and inserting ‘‘an amount

5 equal to the fee specified in paragraph (3) for filing a case

6 under chapter 11 of title 11. The amount by which the

7 fee payable under this paragraph exceeds $300 shall be

8 deposited in the fund established under section 1931 of

9 this title’’.

10 SEC. 109. CREATION OF CERTIFYING OFFICERS IN THE JU11 DICIAL BRANCH.

12 (a) APPOINTMENT OF DISBURSING AND CERTIFYING

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

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

15 ‘‘§ 613. Disbursing and certifying officers

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

17 designate in writing officers and employees of the judicial

18 branch of the Government, including the courts as defined

19 in section 610 other than the Supreme Court, to be dis20 bursing officers in such numbers and locations as the Di21 rector considers necessary. Such dispersing officers

22 shall—

23 ‘‘(1) disburse moneys appropriated to the judi24 cial branch and other funds only in strict accordance

25 with payment requests certified by the Director or in

26 accordance with subsection (b);
8

HR 1752 RFS

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

2 ascertain whether they are in proper form, certified,

3 and approved; and

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

5 provided by law, except such a disbursing officer

6 shall not be held accountable or responsible for any

7 illegal, improper, or incorrect payment resulting

8 from any false, inaccurate, or misleading certificate

9 for which a certifying officer is responsible under

10 subsection (b).

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

12 designate in writing officers and employees of the judicial

13 branch of the Government, including the courts as defined

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

15 payment requests payable from appropriations and funds.

16 These certifying officers shall be responsible and account17 able for—

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

19 recited in the certificate or other request for pay20 ment or its supporting papers;

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

22 under the appropriation or fund involved; and

23 ‘‘(C) the correctness of the computations of cer24 tified payment requests.
9

HR 1752 RFS

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 liabil4 ity of disbursing and other accountable officers. A certi5 fying officer shall be required to make restitution to the

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

7 incorrect payment resulting from any false, inaccurate, or

8 misleading certificates made by the certifying officer, as

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

10 not represent a legal obligation under the appropriation

11 or fund involved.

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

13 ‘‘(1) has the right to apply for and obtain a de14 cision 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

20 in this section affects the authority of the courts with re21 spect to moneys deposited with the courts under chapter

22 129 of this title.’’.

23 (b) CONFORMING AMENDMENT.—The table of sec24 tions for chapter 41 of title 28, United States Code, is

25 amended by adding at the end the following new item:

‘‘613. Disbursing and certifying officers.’’.
10

HR 1752 RFS

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

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

6 SEC. 110. 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 fol10 lowing:

11 ‘‘§ 614. Authority to prescribe fees for technology re12 sources in the courts

13 ‘‘The Judicial Conference is authorized to prescribe

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

15 1930, and 1932, for use of information technology re16 sources provided by the judiciary to improve the efficiency

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

18 this section are to be deposited in the Judiciary Informa19 tion Technology Fund to be available to the Director with20 out fiscal year limitation for reinvestment in information

21 technology resources which will advance the purposes of

22 this section.’’.

23 (b) CONFORMING AMENDMENT.—The table of sec24 tions for chapter 41 of title 28, United States Code, is

25 amended by adding at the end the following new item:

‘‘614. Authority to prescribe fees for technology resources in the courts.’’.
11

HR 1752 RFS

1 TITLE II—JUDICIAL PROCESS

2 IMPROVEMENTS

3 SEC. 201. EXTENSION OF STATUTORY AUTHORITY FOR

4 MAGISTRATE JUDGE POSITIONS TO BE ES5 TABLISHED IN THE DISTRICT COURTS OF

6 GUAM AND THE NORTHERN MARIANA IS7 LANDS.

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

9 amended—

10 (1) by striking the first two sentences of sub11 section (a) and inserting the following: ‘‘The judges

12 of each United States district court and the district

13 courts of the Virgin Islands, Guam, and the North14 ern Mariana Islands shall appoint United States

15 magistrate judges in such numbers and to serve at

16 such locations within the judicial districts as the

17 Conference may determine under this chapter. In

18 the case of a magistrate judge appointed by the dis19 trict court of the Virgin Islands, Guam, or the

20 Northern Mariana Islands, this chapter shall apply

21 as though the court appointing such a magistrate

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

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

24 inserting ‘‘the Territory of Guam, the Common-
12

HR 1752 RFS

1 wealth of the Northern Mariana Islands,’’ after

2 ‘‘Commonwealth of Puerto Rico,’’.

3 SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

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

5 amended to read as follows:

6 ‘‘(e) CONTEMPT AUTHORITY.—

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

8 magistrate judge serving under this chapter shall

9 have within the territorial jurisdiction prescribed by

10 his or her appointment the power to exercise con11 tempt authority as set forth in this subsection.

12 ‘‘(2) SUMMARY CRIMINAL CONTEMPT AUTHOR13 ITY.—A magistrate judge shall have the power to

14 punish summarily by fine or imprisonment such con15 tempt of his or her authority constituting mis16 behavior of any person in the magistrate judge’s

17 presence so as to obstruct the administration of jus18 tice. The order of contempt shall be issued pursuant

19 to Federal Rules of Criminal Procedure.

20 ‘‘(3) ADDITIONAL CRIMINAL CONTEMPT AU21 THORITY IN CIVIL CONSENT AND MISDEMEANOR

22 CASES.—In any case in which a United States mag23 istrate judge presides with the consent of the parties

24 under subsection (c) of this section, and in any mis25 demeanor case proceeding before a magistrate judge
13

HR 1752 RFS

1 under section 3401 of title 18, the magistrate judge

2 shall have the power to punish by fine or imprison3 ment such criminal contempt constituting disobe4 dience or resistance to the magistrate judge’s lawful

5 writ, process, order, rule, decree, or command. Dis6 position of such contempt shall be conducted upon

7 notice and hearing pursuant to the Federal Rules of

8 Criminal Procedure.

9 ‘‘(4) CIVIL CONTEMPT AUTHORITY IN CIVIL

10 CONSENT AND MISDEMEANOR CASES.—In any case

11 in which a United States magistrate judge presides

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

13 of this section, and in any misdemeanor case pro14 ceeding before a magistrate judge under section

15 3401 of title 18, the magistrate judge may exercise

16 the civil contempt authority of the district court.

17 This paragraph shall not be construed to limit the

18 authority of a magistrate judge to order sanctions

19 pursuant to any other statute, the Federal Rules of

20 Civil Procedure, or the Federal Rules of Criminal

21 Procedure.

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

23 sentence imposed by a magistrate judge for any

24 criminal contempt set forth in paragraphs (2) and

25 (3) of this subsection shall not exceed the penalties
14

HR 1752 RFS

1 for a Class C misdemeanor as set forth in sections

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

3 ‘‘(6) CERTIFICATION OF OTHER CONTEMPTS TO

4 THE DISTRICT COURT.—Upon the commission of any

5 act—

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

7 magistrate judge presides with the consent of

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

9 or in any misdemeanor case proceeding before

10 a magistrate judge under section 3401 of title

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

12 judge, constitute a serious criminal contempt

13 punishable by penalties exceeding those set

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

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

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

17 other statute, where—

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

21 serious criminal contempt punishable by

22 penalties exceeding those set forth in para23 graph (5) of this subsection;
15

HR 1752 RFS

1 ‘‘(ii) the act that constitutes a crimi2 nal contempt occurs outside the presence

3 of the magistrate judge; or

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

6 the magistrate judge shall forthwith certify the facts

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

8 served upon any person whose behavior is brought

9 into question under this paragraph an order requir10 ing such person to appear before a district judge

11 upon a day certain to show cause why he or she

12 should not be adjudged in contempt by reason of the

13 facts so certified. The district judge shall thereupon

14 hear the evidence as to the act of conduct com15 plained of and, if it is such as to warrant punish16 ment, punish such person in the same manner and

17 to the same extent as for a contempt committed be18 fore a district judge.

19 ‘‘(7) APPEALS OF MAGISTRATE JUDGE CON20 TEMPT ORDERS.—The appeal of an order of con21 tempt issued pursuant to this subsection shall be

22 made to the court of appeals in cases proceeding

23 under subsection (c) of this section. The appeal of

24 any other order to contempt issued pursuant to this

25 subsection shall be made to the district court.’’.
16

HR 1752 RFS

1 SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN

2 PETTY OFFENSE CASES AND MAGISTRATE

3 JUDGE AUTHORITY IN MISDEMEANOR CASES

4 INVOLVING JUVENILE DEFENDANTS.

5 (a) AMENDMENTS TO TITLE 18.—

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

7 of title 18, United States Code, is amended by strik8 ing ‘‘that is a class B misdemeanor charging a

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

10 infraction’’ after ‘‘petty offense’’.

11 (2) CASES INVOLVING JUVENILES.—Section

12 3401(g) of title 18, United States Code, is

13 amended—

14 (A) by striking the first sentence and in15 serting the following: ‘‘The magistrate judge

16 may, in a petty offense case involving a juve17 nile, exercise all powers granted to the district

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

19 (B) in the second sentence by striking

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

21 and inserting ‘‘the case of any misdemeanor,

22 other than a petty offense,’’; and

23 (C) by striking the last sentence.

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

25 title 28, United States Code, is amended by striking para26 graphs (4) and (5) and inserting the following:
17

HR 1752 RFS

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

2 offense; and

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

4 A misdemeanor in a case in which the parties have

5 consented.’’.

6 SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIRE7 MENTS.

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

9 amended in subsection (a) by striking the second para10 graph designated (24) (relating to the savings and loan

11 crisis).

12 SEC. 205. PLACE OF HOLDING COURT IN THE EASTERN DIS13 TRICT OF TEXAS.

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

15 Code, is amended—

16 (1) in paragraph (3)—

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

18 and inserting ‘‘Delta, Denton, Fannin, Grayson,

19 Hopkins, and Lamar’’; and

20 (B) by inserting ‘‘and Plano’’ after ‘‘held

21 at Sherman’’;

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

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

24 through (6), respectively; and
18

HR 1752 RFS

1 (3) in paragraph (5), as so redesignated, by in2 serting ‘‘Red River,’’ after ‘‘Franklin,’’.

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

4 (as redesignated by subsection (a) of this section) of title

5 28, United States Code, are each amended by inserting

6 after ‘‘held at Texarkana’’ the following: ‘‘, and may be

7 held anywhere within the Federal courthouse in Tex8 arkana that is located astride the State line between Texas

9 and Arkansas’’.

10 SEC. 206. FEDERAL SUBSTANCE ABUSE TREATMENT PRO11 GRAM REAUTHORIZATION.

12 Section 4(a) of the Contract Services for Drug De13 pendent Federal Offenders Treatment Act of 1978 (Public

14 Law 95–537; 92 Stat. 2038) is amended by striking all

15 that follows ‘‘there are authorized to be appropriated’’ and

16 inserting ‘‘for fiscal year 2000 and each fiscal year there17 after such sums as may be necessary to carry out this

18 Act.’’.

19 SEC. 207. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

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

21 amended in subsection (a)—

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

23 following:

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

25 judges in regular active service or judges retired from reg-
19

HR 1752 RFS

1 ular active service under section 371(b) of this title may

2 serve as members of the council.’’; and

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

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

5 or section 372(a) of this title,’’.

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

7 REDUCTION PLANS.

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

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

10 471 note), as amended by Public Law 105–53 (111 Stat.

11 1173), is amended by inserting ‘‘471,’’ after ‘‘sections’’.

12 SEC. 209. TECHNICAL BANKRUPTCY CORRECTION.

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

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

15 and inserting ‘‘1222(b)(9).’’.

16 SEC. 210. AUTHORITY OF PRESIDING JUDGE TO ALLOW

17 MEDIA COVERAGE OF COURT PROCEEDINGS.

18 (a) AUTHORITY OF APPELLATE COURTS.—Notwith19 standing any other provision of law, the presiding judge

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

21 her discretion, with the consent of all named parties, per22 mit the photographing, electronic recording, broadcasting,

23 or televising to the public of court proceedings over which

24 that judge presides.

25 (b) AUTHORITY OF DISTRICT COURTS.—
20

HR 1752 RFS

1 (1) IN GENERAL.—Notwithstanding any other

2 provision of law, any presiding judge of a district

3 court of the United States may, in his or her discre4 tion, with the consent of all named parties, permit

5 the photographing, electronic recording, broad6 casting, or televising to the public of court pro7 ceedings over which that judge presides.

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

9 request of any witness in a trial proceeding other

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

11 of the witness to be disguised or otherwise obscured

12 in such manner as to render the witness unrecogniz13 able to the broadcast audience of the trial pro14 ceeding.

15 (B) The presiding judge in a trial proceeding

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

17 witness has the right to request that his or her

18 image and voice be obscured during the witness’ tes19 timony.

20 (c) ADVISORY GUIDELINES.—The Judicial Con21 ference of the United States is authorized to promulgate

22 advisory guidelines to which a presiding judge shall refer

23 in making decisions with respect to consistent criteria to

24 be applied in the exercise of the discretion of the presiding

25 judge, and to the management and administration of
21

HR 1752 RFS

1 photographing, recording, broadcasting, and televising de2 scribed in subsections (a) and (b).

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

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

5 judge’’ means the judge presiding over the court

6 proceeding concerned. In proceedings in which more

7 than one judge participates, the presiding judge

8 shall be the senior active judge so participating or,

9 in the case of a circuit court of appeals, the senior

10 active circuit judge so participating, except that—

11 (A) in en banc sittings of any United

12 States circuit court of appeals, the presiding

13 judge shall be the chief judge of the circuit

14 whenever the chief judge participates; and

15 (B) in en banc sittings of the Supreme

16 Court of the United States, the presiding judge

17 shall be the Chief Justice whenever the Chief

18 Justice participates.

19 (2) APPELLATE COURT OF THE UNITED

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

21 States’’ means any United States circuit court of ap22 peals and the Supreme Court of the United States.

23 (e) SUNSET.—The authority under subsection (b)

24 shall terminate on the date that is 3 years after the date

25 of the enactment of this Act.
22

HR 1752 RFS

1 TITLE III—JUDICIAL PER2 SONNEL ADMINISTRATION,

3 BENEFITS, AND PROTEC4 TIONS

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

6 ADJUSTMENTS OF ANNUITIES FOR TERRI7 TORIAL JUDGES.

8 Section 373 of title 28, is amended—

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

10 follows:

11 ‘‘(4) Any senior judge performing judicial duties pur12 suant to recall under paragraph (2) of this subsection

13 shall be paid, while performing such duties, the same com14 pensation (in lieu of the annuity payable under this sec15 tion) and the same allowances for travel and other ex16 penses as a judge on active duty with the court being

17 served.’’;

18 (2) by amending subsection (e) to read as fol19 lows:

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

21 District Court of the Northern Mariana Islands, or the

22 District Court of the Virgin Islands who is not reappointed

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

24 the age of 65 years or upon relinquishing office if the

25 judge is then beyond the age of 65 years—
23

HR 1752 RFS

1 ‘‘(A) if the judicial service of such judge, con2 tinuous or otherwise, aggregates 15 years or more,

3 to receive during the remainder of such judge’s life

4 an annuity equal to the salary received when the

5 judge left office; or

6 ‘‘(B) if such judicial service, continuous or oth7 erwise, aggregated less then 15 years, to receive dur8 ing the remainder of such judge’s life an annuity

9 equal to that proportion of such salary which the ag10 gregate number of such judge’s years of service

11 bears to 15.

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

13 District Court of the Northern Mariana Islands, or the

14 District Court of the Virgin Islands who has served at

15 least 5 years, continuously or otherwise, and who retires

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

17 disability, shall be entitled to receive during the remainder

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

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

20 of a judge who has served at least 10 years, continuously

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

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

23 of judicial service bears to 15.’’; and

24 (3) by amending subsection (g) to read as fol25 lows:
24

HR 1752 RFS

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

2 annuity under this section shall be entitled to a cost-of3 living adjustment in the amount computed as specified in

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

5 annuity payable to such retired judge, as increased under

6 this subsection, exceed the salary of a judge in regular

7 active service with the court on which the retired judge

8 served before retiring.’’.

9 SEC. 302. FEDERAL JUDICIAL CENTER PERSONNEL MAT10 TERS.

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

12 amended—

13 (1) in subsection (b)—

14 (A) by striking ‘‘, United States Code, gov15 erning appointments in’’ and inserting ‘‘gov16 erning appointments in the’’;

17 (B) by striking ‘‘such title, relating’’ and

18 inserting ‘‘such title relating’’;

19 (C) by striking ‘‘pay rates, section 5316,

20 title 5, United States Code’’ and inserting

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

22 Director may fix the compensation of four posi23 tions of the Center at a level not to exceed the

24 annual rate of pay in effect for level IV of the
25

HR 1752 RFS

1 Executive Schedule under section 5315 of title

2 5’’; and

3 (D) by striking ‘‘the Civil Servive’’ and all

4 that follows through ‘‘Code’’ and inserting

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

6 adjusted pursuant to the provisions of section

7 8344 of such title, and the salary of a reem8 ployed annuitant under chapter 84 of title 5

9 shall be adjusted pursuant to the provisions of

10 section 8468 of such title’’;

11 (2) in subsection (c)—

12 (A) by striking ‘‘, United States Code, gov13 erning appointments in competitive service’’ and

14 inserting ‘‘governing appointments in the com15 petitive service,’’; and

16 (B) by striking ‘‘such title, relating’’ and

17 inserting ‘‘such title relating’’; and

18 (3) in subsection (d)—

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

20 and

21 (B) by striking ‘‘, section 5332, title 5,

22 United States Code’’ and inserting ‘‘under sec23 tion 5332 of title 5’’.
26

HR 1752 RFS

1 SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE2 MENT MATTERS.

3 (a) ELIMINATION OF MANDATORY RETIREMENT AGE

4 FOR DIRECTOR OF FEDERAL JUDICIAL CENTER.—Sec5 tion 627 of title 28, United States Code, is amended—

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

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

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

9 (b) CREDITABLE SERVICE FOR CERTAIN JUDICIAL

10 ADMINISTRATIVE OFFICIALS.—

11 (1) Sections 611(d) and 627(d) (as redesig12 nated by subsection (a) of this section) of title 28,

13 United States Code, are each amended by inserting

14 ‘‘a congressional employee in the capacity of primary

15 administrative assistant to a Member of Congress or

16 in the capacity of staff director or chief counsel for

17 the majority or the minority of a committee or sub18 committee of the Senate or House of Representa19 tives,’’ after ‘‘Congress,’’; and

20 (2) Sections 611(b) and 627(b) (as redesig21 nated by subsection (a) of this section) of such title

22 are each amended—

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

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

25 least fifteen years of service and has’’; and
27

HR 1752 RFS

1 (B) in the first undesignated paragraph,

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

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

4 service,’’.

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

6 by subsection (a) of this section) of such title are

7 each amended—

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

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

10 service,’’; and

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

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

13 service,’’.

14 SEC. 304. JUDGES’ FIREARMS TRAINING.

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

16 States Code, is amended by adding at the end the fol17 lowing new section:

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

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

20 States is authorized to carry a firearm, whether concealed

21 or not, under regulations promulgated by the Judicial

22 Conference of the United States. The authority granted

23 by this section shall extend only—
28

HR 1752 RFS

1 ‘‘(1) to those States in which the carrying of

2 firearms by judicial officers of the State is permitted

3 by State law; or

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

5 which the judicial officer of the United States sits,

6 resides, or is present on official travel status.

7 ‘‘(b) IMPLEMENTATION.—

8 ‘‘(1) REGULATIONS.—The regulations promul9 gated by the Judicial Conference under subsection

10 (a) shall—

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

12 officer’s proficiency in the use and safety of

13 firearms as a prerequisite to carrying of fire14 arms under the authority of this section; and

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

16 by a judicial officer under the protection of the

17 United States Marshals Service while away

18 from United States courthouses is consistent

19 with Marshals Service policy on carrying of fire20 arms by persons receiving such protection.

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

22 the request of the Judicial Conference, the Attorney

23 General and appropriate law enforcement compo24 nents of the Department of Justice shall assist the

25 Judicial Conference in developing and providing
29

HR 1752 RFS

1 training to assist judicial officers in securing the

2 proficiency referred to in paragraph (1).

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

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

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

6 defined in section 451 in regular active service or re7 tired from regular active service;

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

9 has been retired from the judicial office under sec10 tion 371(a) for—

11 ‘‘(A) no longer than a 1-year period fol12 lowing such justice’s or judge’s retirement; or

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

14 the Judicial Conference of the United States

15 when exceptional circumstances warrant;

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

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

18 magistrate judge;

19 ‘‘(5) a judge of the United States Court of Fed20 eral Claims;

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

22 Court of Guam;

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

24 Court for the Northern Mariana Islands;
30

HR 1752 RFS

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

2 Court of the Virgin Islands; or

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

4 the judicial positions described under paragraphs (3)

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

6 of the Judicial Conference of the United States.

7 ‘‘(d) EXCEPTION.—Notwithstanding section

8 46303(c)(1) of title 49, nothing in this section authorizes

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

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

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

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

13 28, United States Code, is amended—

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

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

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

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

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

18 28, United States Code, is amended to read as fol19 lows:

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

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

22 subsection (a) and subsection (b)(1)(B) of this section

23 shall take effect upon the earlier of the promulgation of

24 regulations by the Judicial Conference under this section

25 or 1 year after the date of the enactment of this Act.
31

HR 1752 RFS

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

7 striking paragraph (6) and redesignating subsequent

8 paragraphs accordingly.

9 (b) CONFORMING AMENDMENTS.—Section 1869 of

10 title 28, United States Code, is amended—

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

12 (2) by redesignating subsection (j) as sub13 section (i) and by striking the semicolon at the end

14 and inserting ‘‘; 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’’; and

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

24 inserting ‘‘Federal, State, or’’.
32

HR 1752 RFS

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

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

3 is amended to read as follows:

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

4 SEC. 306. EXPANDED WORKERS’ COMPENSATION COV5 ERAGE 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);

9 and

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

11 clause (D) ‘‘, or (E) traveling to or from the court12 house pursuant to a jury summons or sequestration

13 order, or as otherwise necessitated by order of the

14 court’’.

15 SEC. 307. PROPERTY DAMAGE, THEFT, AND LOSS CLAIMS

16 OF JURORS.

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

18 amended by adding at the end the following new sub19 section:

20 ‘‘(i) The Director may pay a claim by a person sum21 moned to serve or serving as a grand juror or petit juror

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

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

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

25 court. With respect to claims, the Director shall have the
33

HR 1752 RFS

1 authority granted to the head of an agency by section

2 3721 of title 31 for consideration of employees’ personal

3 property claims. The Director shall prescribe guidelines

4 for the consideration of claims under this subsection.’’.

5 SEC. 308. ELIMINATION OF THE PUBLIC DRAWING RE6 QUIREMENTS FOR SELECTION OF JUROR

7 WHEELS.

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

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

10 amended—

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

12 and

13 (2) by inserting after the first sentence the fol14 lowing: ‘‘The clerk or jury commission shall post a

15 general notice for public review in the clerk’s office

16 explaining the process by which names are periodi17 cally and randomly drawn.’’.

18 (b) SELECTION AND SUMMONING OF JURY PAN19 ELS.—Section 1866(a) of title 28, United States Code, is

20 amended—

21 (1) by striking ‘‘publicly’’ in the second sen22 tence; and

23 (2) by inserting after the second sentence the

24 following: ‘‘The clerk or jury commission shall post

25 a general notice for public review in the clerk’s office
34

HR 1752 RFS

1 explaining the process by which names are periodi2 cally and randomly drawn.’’.

3 SEC. 309. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECU4 TIVES.

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

6 amended—

7 (1) in subparagraph (D), by striking ‘‘or’’ after

8 the semicolon;

9 (2) in subparagraph (E), by striking the period

10 and inserting ‘‘; or’’; and

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

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

13 unit executive position by the Judicial Conference of

14 the United States.’’.

15 SEC. 310. PAYMENTS TO MILITARY SURVIVOR BENEFIT

16 PLAN.

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

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

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

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

21 survivor’s benefits plan in connection with the retired

22 pay,’’.
35

HR 1752 RFS

1 SEC. 311. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR

2 THE FEDERAL CIRCUIT.

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

4 amended by adding at the end the following new sub5 section:

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

7 Federal Circuit may appoint a circuit executive, who shall

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

9 executive, the court shall take into account experience in

10 administrative and executive positions, familiarity with

11 court procedures, and special training. The circuit execu12 tive shall exercise such administrative powers and perform

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

14 delegated to the circuit executive may include but need

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

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

17 of Appeals for the Federal Circuit.

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

19 circuit executives established under subsection (f) of this

20 section.

21 ‘‘(3) The circuit executive may appoint, with the ap22 proval of the court, necessary employees in such number

23 as may be approved by the Director of the Administrative

24 Office of the United States Courts.
36

HR 1752 RFS

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

2 to be officers and employees of the United States within

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

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

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

6 title, but not both, or may appoint a combined circuit exec7 utive/clerk who shall be paid the salary of a circuit execu8 tive.’’.

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

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

11 amended—

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

13 under supervision of the court if the court’s jury se14 lection plan so authorizes,’’ after ‘‘jury commis15 sion,’’; and

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

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

18 ‘‘may provide,’’.

19 SEC. 313. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT

20 JURORS SERVING ON LENGTHY TRIALS.

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

22 is amended by striking ‘‘thirty’’ each place it appears and

23 inserting ‘‘five’’.
37

HR 1752 RFS

1 SEC. 314. SERVICE ON TERRITORIAL COURTS.

2 Section 174 of title 28, United States Code, is

3 amended by adding at the end the following new sub4 section:

5 ‘‘(c) Upon request by or on behalf of a territorial

6 court, and with the concurrence of the chief judge of the

7 Court of Federal Claims and the chief judge of the judicial

8 circuit involved based upon a finding of need, judges of

9 the Court of Federal Claims shall have the authority to

10 conduct proceedings in the district courts of territories to

11 the same extent as duly appointed judges of those

12 courts.’’.

13 SEC. 315. RESIDENCE OF RETIRED JUDGES.

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

15 amended by adding at the end the following new sub16 section:

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

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

19 where a retired judge maintains the actual abode in which

20 such judge customarily lives shall be deemed to be the

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

22 of this title.’’.
38

HR 1752 RFS

1 SEC. 316. COURT OF FEDERAL CLAIMS JUDICIAL CON2 FERENCE.

3 (a) IN GENERAL.—Chapter 15 of title 28, United

4 States Code, is amended by adding at the end the fol5 lowing new section:

6 ‘‘§ 336. Judicial Conference of the Court of Federal

7 Claims

8 ‘‘(a) ANNUAL CONFERENCE.—The chief judge of the

9 Court of Federal Claims is authorized to summon annually

10 the judges of that court to a judicial conference, at a time

11 and place that the chief judge designates, for the purpose

12 of considering the business of the Court of Federal Claims

13 and improvements in the administration of justice in that

14 court.

15 ‘‘(b) REPRESENTATION AND PARTICIPATION BY

16 MEMBERS OF THE BAR.—The Court of Federal Claims

17 shall provide by its rules or by general order for represen18 tation and active participation by members of the bar at

19 the judicial conference summoned under subsection (a).’’.

20 (b) CONFORMING AMENDMENT.—The table of sec21 tions of chapter 15 of title 28, United States Code, is

22 amended by adding at the end the following new item:

‘‘336. Judicial Conference of the Court of Federal Claims.’’.

23 SEC. 317. RECALL OF JUDGES ON DISABILITY STATUS.

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

25 amended—
39

HR 1752 RFS

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

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

3 ‘‘(2) Any judge of the Court of Federal Claims receiv4 ing an annuity pursuant to section 178(c) of this title

5 (pertaining to disability) who, in the estimation of the

6 chief judge, has recovered sufficiently to render judicial

7 service, shall be known and designated as a senior judge

8 and may perform duties as a judge when recalled pursuant

9 to subsection (b) of this section.’’.

10 SEC. 318. SENIOR STATUS PROVISION.

11 (a) IN GENERAL.—Section 178 of title 28, United

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

14 ‘‘(m) For purposes of section 3121(i)(5) of the Inter15 nal Revenue Act of 1986 (26 U.S.C. 3121(i)(5)) and sec16 tion 209(h) of the Social Security Act (42 U.S.C. 409(h)),

17 the annuity of a judge of the Court of Federal Claims who

18 is on senior status after attaining age 65 shall be deemed

19 to be an amount paid under section 371(b) of this title

20 for performing services under the provisions of section 294

21 of this title.’’.

22 (b) CLERICAL AMENDMENT.—Section 178(k)(2) of

23 title 28, United States Code, is amended by inserting

24 ‘‘the’’ after ‘‘Director of’’.
40

HR 1752 RFS

1 SEC. 319. MISCELLANEOUS PROVISION.

2 Chapter 7 of title 28, United States Code, is amended

3 by adding after section 178 the following new section:

4 ‘‘§ 179. Insurance and annuities programs

5 ‘‘(a) JUDGES DEEMED TO BE OFFICERS FOR PUR6 POSES OF TITLE 5.—For purposes of construing title 5,

7 a judge of the United States Court of Federal Claims shall

8 be deemed to be an ‘officer’ under section 2104(a) of such

9 title.

10 ‘‘(b) HEALTH INSURANCE BENEFITS.—For purposes

11 of construing chapter 89 of title 5, a judge of the United

12 States Court of Federal Claims who—

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

14 this title and performs recall service under section

15 178(d) of this title; and

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

17 under chapter 89 of title 5 at the time the judge be18 came a retired judge,

19 shall be deemed to be an annuitant meeting the require20 ments of section 8905(b)(1) of title 5, notwithstanding the

21 length of enrollment prior to the date of retirement.’’.
41

HR 1752 RFS

1 TITLE IV—CRIMINAL JUSTICE

2 ACT AMENDMENTS

3 SEC. 401. MAXIMUM AMOUNTS OF COMPENSATION FOR AT4 TORNEYS.

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

6 title 18, United States Code, is amended—

7 (1) in the first sentence—

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

9 ‘‘$5,400’’;

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

11 ‘‘$1,600’’;

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

13 and inserting ‘‘$3,900’’;

14 (3) in the third sentence—

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

16 ‘‘$1,200’’; and

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

18 ‘‘$3,900’’;

19 (4) by inserting after the second sentence the

20 following new sentence: ‘‘For representation of a pe21 titioner in a non-capital habeas corpus proceeding,

22 the compensation for each attorney shall not exceed

23 the amount applicable to a felony in this paragraph

24 for representation of a defendant before a judicial

25 officer of the district court. For representation of
42

HR 1752 RFS

1 such petitioner in an appellate court, the compensa2 tion for each attorney shall not exceed the amount

3 applicable for representation of a defendant in an

4 appellate court.’’; and

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

6 inserting ‘‘$1,200’’.

7 SEC. 402. MAXIMUM AMOUNTS OF COMPENSATION FOR

8 SERVICES OTHER THAN COUNSEL.

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

10 amended—

11 (1) in paragraph (2)—

12 (A) in subparagraph (A) by striking

13 ‘‘$300’’ and inserting ‘‘$500’’; and

14 (B) in subparagraph (B) by striking

15 ‘‘$300’’ and inserting ‘‘$500’’; and

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

17 striking ‘‘$1,000’’ and inserting ‘‘$1,600’’.

18 SEC. 403. TORT CLAIMS ACT AMENDMENTS RELATING TO

19 LIABILITY OF FEDERAL PUBLIC DEFENDERS.

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

21 amended in the second paragraph—

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

23 (2) by striking the period at the end and insert24 ing the following: ‘‘, and (2) any officer or employee

25 of a Federal Public Defender Organization, except
43

HR 1752 RFS

1 when such officer or employee performs professional

2 services in the course of providing representation

3 under section 3006A of title 18.’’.

Passed the House of Representatives May 22, 2000.

Attest: JEFF TRANDAHL,

Clerk.