IB
Union Calendar No. 187
106TH CONGRESS
1ST SESSION
H. R. 1752
[Report No. 106–312]
To make improvements in the operation and administration of the Federal
courts, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 11, 1999
Mr. COBLE (for himself and Mr. BERMAN) (both by request) introduced the
following bill; which was referred to the Committee on the Judiciary
SEPTEMBER 9, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 11, 1999]
A BILL
To make improvements in the operation and administration
of the Federal courts, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
TITLE I—JUDICIAL FINANCIAL ADMINISTRATION
Sec. 101. Reimbursement of judiciary for civil and criminal forfeiture expenses.
Sec. 102. Transfer of retirement funds.
Sec. 103. Judiciary Information Technology Fund.
Sec. 104. Bankruptcy fees.
Sec. 105. Disposition of miscellaneous fees.
Sec. 106. Repeal of statute setting Court of Federal Claims filing fee.
Sec. 107. Technical amendment relating to the treatment of certain bankruptcy
fees collected.
Sec. 108. Increase in fee for converting a chapter 7 or chapter 13 bankruptcy case
to a chapter 11 bankruptcy case.
Sec. 109. Increase in chapter 9 bankruptcy filing fee.
Sec. 110. Creation of certifying officers in the judicial branch.
Sec. 111. Fee authority for technology resources in the courts.
TITLE II—JUDICIAL PROCESS IMPROVEMENTS
Sec. 201. Extension of statutory authority for magistrate judge positions to be es-
tablished in the district courts of Guam and the Northern Mar-
iana Islands.
Sec. 202. Magistrate judge contempt authority.
Sec. 203. Consent to magistrate judge authority in petty offense cases and mag-
istrate 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 pro-
ceedings.
TITLE III—JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS,
AND PROTECTIONS
Sec. 301. Disability retirement and cost-of-living adjustments of annuities for ter-
ritorial 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.
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 de-
fenders.
TITLE I—JUDICIAL FINANCIAL
ADMINISTRATION
SEC. 101. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND
CRIMINAL FORFEITURE EXPENSES.
(a) TRANSFER OF FUNDS.—Section 524(c) of title 28,
United States Code, is amended—
(1) by inserting after paragraph (11) the fol-
lowing new paragraph:
‘‘(12)(A) In the fiscal year subsequent to the fis-
cal year in which this paragraph is enacted and in
each fiscal year thereafter, an amount as specified in
subparagraph (B) shall be transferred annually to the
judiciary into the fund established under section 1931
of this title, for expenses incurred in—
‘‘(i) adjudication of civil and criminal for-
feiture proceedings that result in deposits into
the Fund (except the expense of salaries of
judges);
‘‘(ii) representation, pursuant to the provi-
sions of section 3006A of title 18 or section
408(q) of the Controlled Substances Act (21
U.S.C. 848(q)) of defendants whose assets have
been seized in such forfeiture proceedings, to the
extent that such expenses of representation could
have been recovered through an order for pay-
ment or for reimbursement of the defender serv-
ices appropriation pursuant to section 3006A(f)
of title 18; and
‘‘(iii) supervision by United States proba-
tion officers of offenders under home detention or
other forms of confinement outside of Bureau of
Prison facilities.
‘‘(B) The amount to be transferred under sub-
paragraph (A)—
‘‘(i) shall be an amount from the combined
fiscal year deposits into both the Fund and the
Department of Treasury Asset Forfeiture Fund
established by section 9703 of title 31 (hereafter
referred to as ‘both Funds’), which amount shall
not exceed the statement of costs incurred by the
judiciary in providing the services identified in
subparagraph (A), as set forth by the Director of
the Administrative Office of the United States
Courts in a report to the Attorney General and
the Secretary of the Treasury no later than 90
days after the end of the fiscal year in which
the expenses were incurred; except that—
‘‘(I) the total amount to be transferred
from 
both 
Funds 
shall 
not 
exceed
$50,000,000, or 10 percent of the total com-
bined deposits into both Funds, whichever is
less;
‘‘(II) the proportion of the amount
transferred from the Fund to the total
amount to be transferred shall be equal to
the proportion of the fiscal year deposits
into the Fund to the combined fiscal year
deposits in both Funds; and
‘‘(III) the total amount to be trans-
ferred from both Funds may exceed the lim-
its set out in this subparagraph subject to
the discretion of the Attorney General and
the Secretary of the Treasury; and
‘‘(ii) shall be paid from revenues deposited
into the Fund during the fiscal year in which
the expenses were incurred and are not required
to be specified in appropriations Acts.’’.
(b) TREASURY FORFEITURE FUND.—Section 9703 of
title 31, United States Code, is amended—