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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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.
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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’
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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)’’.
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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.
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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)’’.
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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);
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‘‘(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.
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‘‘(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.’’.
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(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.’’.
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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-
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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
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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
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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;
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‘‘(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.’’.
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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:
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‘‘(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
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(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-
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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.—
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(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
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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.
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TITLE 
III—JUDICIAL 
PER-
SONNEL 
ADMINISTRATION,
BENEFITS, 
AND 
PROTEC-
TIONS
SEC. 301. DISABILITY RETIREMENT AND COST-OF-LIVING
ADJUSTMENTS OF ANNUITIES FOR TERRI-
TORIAL 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 pur-
suant to recall under paragraph (2) of this subsection
shall be paid, while performing such duties, the same com-
pensation (in lieu of the annuity payable under this sec-
tion) and the same allowances for travel and other ex-
penses as a judge on active duty with the court being
served.’’;
(2) by amending subsection (e) to read as fol-
lows:
‘‘(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—
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‘‘(A) if the judicial service of such judge, con-
tinuous 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 oth-
erwise, aggregated less then 15 years, to receive dur-
ing the remainder of such judge’s life an annuity
equal to that proportion of such salary which the ag-
gregate 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 fol-
lows:
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‘‘(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 MAT-
TERS.
Section 625 of title 28, United States Code, is
amended—
(1) in subsection (b)—
(A) by striking ‘‘, United States Code, gov-
erning appointments in’’ and inserting ‘‘gov-
erning 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 posi-
tions of the Center at a level not to exceed the
annual rate of pay in effect for level IV of the
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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 reem-
ployed 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, gov-
erning appointments in competitive service’’ and
inserting ‘‘governing appointments in the com-
petitive 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 sec-
tion 5332 of title 5’’.
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SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE-
MENT MATTERS.
(a) ELIMINATION OF MANDATORY RETIREMENT AGE
FOR DIRECTOR OF FEDERAL JUDICIAL CENTER.—Sec-
tion 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 redesig-
nated 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 sub-
committee of the Senate or House of Representa-
tives,’’ after ‘‘Congress,’’; and
(2) Sections 611(b) and 627(b) (as redesig-
nated 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
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(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 fol-
lowing new section:
‘‘§ 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—
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‘‘(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 promul-
gated 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 fire-
arms 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 fire-
arms by persons receiving such protection.
‘‘(2) ASSISTANCE
BY
OTHER
AGENCIES.—At
the request of the Judicial Conference, the Attorney
General and appropriate law enforcement compo-
nents of the Department of Justice shall assist the
Judicial Conference in developing and providing
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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 re-
tired from regular active service;
‘‘(2) a justice or judge of the United States who
has been retired from the judicial office under sec-
tion 371(a) for—
‘‘(A) no longer than a 1-year period fol-
lowing 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 Fed-
eral 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;
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‘‘(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 fol-
lows:
‘‘§ 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.
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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 sub-
section (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:
‘‘§ 982. Members: service on Federal, State, and local
juries’’; and
(B) in subsection (a) by striking ‘‘State or’’ and
inserting ‘‘Federal, State, or’’.
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(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 COV-
ERAGE 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 court-
house 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 sub-
section:
‘‘(i) The Director may pay a claim by a person sum-
moned 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
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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 RE-
QUIREMENTS 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 fol-
lowing: ‘‘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 periodi-
cally and randomly drawn.’’.
(b) SELECTION
AND SUMMONING
OF JURY PAN-
ELS.—Section 1866(a) of title 28, United States Code, is
amended—
(1) by striking ‘‘publicly’’ in the second sen-
tence; 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
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explaining the process by which names are periodi-
cally and randomly drawn.’’.
SEC. 309. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECU-
TIVES.
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,’’.
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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 sub-
section:
‘‘(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 execu-
tive 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 ap-
proval of the court, necessary employees in such number
as may be approved by the Director of the Administrative
Office of the United States Courts.
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‘‘(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 exec-
utive/clerk who shall be paid the salary of a circuit execu-
tive.’’.
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 se-
lection plan so authorizes,’’ after ‘‘jury commis-
sion,’’; 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’’.
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SEC. 314. SERVICE ON TERRITORIAL COURTS.
Section 174 of title 28, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(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 sub-
section:
‘‘(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.’’.
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SEC. 316. COURT OF FEDERAL CLAIMS JUDICIAL CON-
FERENCE.
(a) IN GENERAL.—Chapter 15 of title 28, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 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 represen-
tation and active participation by members of the bar at
the judicial conference summoned under subsection (a).’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions 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—
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(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following:
‘‘(2) Any judge of the Court of Federal Claims receiv-
ing 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 fol-
lowing new subsection:
‘‘(m) For purposes of section 3121(i)(5) of the Inter-
nal Revenue Act of 1986 (26 U.S.C. 3121(i)(5)) and sec-
tion 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’’.
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SEC. 319. MISCELLANEOUS PROVISION.
Chapter 7 of title 28, United States Code, is amended
by adding after section 178 the following new section:
‘‘§ 179. Insurance and annuities programs
‘‘(a) JUDGES DEEMED TO BE OFFICERS FOR PUR-
POSES 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 be-
came a retired judge,
shall be deemed to be an annuitant meeting the require-
ments of section 8905(b)(1) of title 5, notwithstanding the
length of enrollment prior to the date of retirement.’’.
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TITLE IV—CRIMINAL JUSTICE
ACT AMENDMENTS
SEC. 401. MAXIMUM AMOUNTS OF COMPENSATION FOR AT-
TORNEYS.
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 pe-
titioner 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
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such petitioner in an appellate court, the compensa-
tion 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 insert-
ing the following: ‘‘, and (2) any officer or employee
of a Federal Public Defender Organization, except
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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.