106TH CONGRESS
2D SESSION
H. R. 1752
AN ACT
To make improvements in the operation and admin-
istration of the Federal courts, and for other
purposes.
106TH CONGRESS
2D SESSION
H. R. 1752
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 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 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 ju-
venile 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
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 sub-
section:
‘‘(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 em-
ployer contributions and accrued interest on those con-
tributions made on behalf of the bankruptcy judge or mag-
istrate 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 annu-
ity under both this section and title 5, only the accrued
employer contributions and accrued interest on such con-
tributions made on behalf of the bankruptcy judge or mag-
istrate 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 ap-
pears 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 in-
serting ‘‘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 chap-
ter 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 estab-
lished under section 1931 of title 28, United States Code.
SEC. 105. REPEAL OF STATUTE SETTING COURT OF FED-
ERAL 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 JU-
DICIAL 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:
‘‘§ 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 dis-
bursing officers in such numbers and locations as the Di-
rector considers necessary. Such dispersing officers
shall—
‘‘(1) disburse moneys appropriated to the judi-
cial 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 account-
able for—
‘‘(A) the existence and correctness of the facts
recited in the certificate or other request for pay-
ment 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 cer-
tified payment requests.
‘‘(2) The liability of a certifying officer shall be en-
forced in the same manner and to the same extent as pro-
vided by law with respect to the enforcement of the liabil-
ity of disbursing and other accountable officers. A certi-
fying 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 de-
cision by the Comptroller General on any question of
law involved in a payment request presented for cer-
tification; 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 re-
spect to moneys deposited with the courts under chapter
129 of this title.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions 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 sub-
section (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 fol-
lowing:
‘‘§ 614. Authority to prescribe fees for technology re-
sources 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 re-
sources 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 Informa-
tion Technology Fund to be available to the Director with-
out fiscal year limitation for reinvestment in information
technology resources which will advance the purposes of
this section.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions 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 ES-
TABLISHED IN THE DISTRICT COURTS OF
GUAM AND THE NORTHERN MARIANA IS-
LANDS.
Section 631 of title 28, United States Code, is
amended—
(1) by striking the first two sentences of sub-
section (a) and inserting the following: ‘‘The judges
of each United States district court and the district
courts of the Virgin Islands, Guam, and the North-
ern 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 dis-
trict 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 Common-
wealth 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 con-
tempt authority as set forth in this subsection.
‘‘(2) SUMMARY CRIMINAL CONTEMPT AUTHOR-
ITY.—A magistrate judge shall have the power to
punish summarily by fine or imprisonment such con-
tempt of his or her authority constituting mis-
behavior of any person in the magistrate judge’s
presence so as to obstruct the administration of jus-
tice. The order of contempt shall be issued pursuant
to Federal Rules of Criminal Procedure.
‘‘(3) ADDITIONAL
CRIMINAL
CONTEMPT
AU-
THORITY
IN
CIVIL
CONSENT
AND
MISDEMEANOR
CASES.—In any case in which a United States mag-
istrate judge presides with the consent of the parties
under subsection (c) of this section, and in any mis-
demeanor case proceeding before a magistrate judge
under section 3401 of title 18, the magistrate judge
shall have the power to punish by fine or imprison-
ment such criminal contempt constituting disobe-
dience or resistance to the magistrate judge’s lawful
writ, process, order, rule, decree, or command. Dis-
position 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 pro-
ceeding 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 mag-
istrate judge’s presence may, in the opin-
ion of the magistrate judge, constitute a
serious criminal contempt punishable by
penalties exceeding those set forth in para-
graph (5) of this subsection;
‘‘(ii) the act that constitutes a crimi-
nal contempt occurs outside the presence
of the magistrate judge; or
‘‘(iii) the act constitutes a civil con-
tempt,
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 requir-
ing 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 com-
plained of and, if it is such as to warrant punish-
ment, punish such person in the same manner and
to the same extent as for a contempt committed be-
fore a district judge.
‘‘(7) APPEALS
OF
MAGISTRATE
JUDGE
CON-
TEMPT ORDERS.—The appeal of an order of con-
tempt 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 strik-
ing ‘‘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 in-
serting the following: ‘‘The magistrate judge
may, in a petty offense case involving a juve-
nile, 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 para-
graphs (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 REQUIRE-
MENTS.
Section 604 of title 28, United States Code, is
amended in subsection (a) by striking the second para-
graph designated (24) (relating to the savings and loan
crisis).
SEC. 205. PLACE OF HOLDING COURT IN THE EASTERN DIS-
TRICT 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 in-
serting ‘‘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 Tex-
arkana that is located astride the State line between Texas
and Arkansas’’.
SEC. 206. FEDERAL SUBSTANCE ABUSE TREATMENT PRO-
GRAM REAUTHORIZATION.
Section 4(a) of the Contract Services for Drug De-
pendent 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 there-
after 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 reg-
ular 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.—Notwith-
standing 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, per-
mit 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 discre-
tion, with the consent of all named parties, permit
the photographing, electronic recording, broad-
casting, or televising to the public of court pro-
ceedings 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 unrecogniz-
able to the broadcast audience of the trial pro-
ceeding.
(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’ tes-
timony.
(c) ADVISORY
GUIDELINES.—The Judicial Con-
ference 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 de-
scribed 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 ap-
peals 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.