I
106TH CONGRESS
1ST SESSION
H. R. 1752
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
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—FEDERAL COURTS STUDY COMMITTEE
RECOMMENDATIONS
Sec. 101. Parties’ consent to bankruptcy judge’s findings and conclusions of
law.
HR 1752 IH
TITLE II—JUDICIAL FINANCIAL ADMINISTRATION
Sec. 201. Reimbursement of judiciary for civil and criminal forfeiture expenses.
Sec. 202. Transfer of retirement funds.
Sec. 203. Judiciary Information Technology Fund.
Sec. 204. Bankruptcy fees.
Sec. 205. Disposition of miscellaneous fees.
Sec. 206. Repeal of statute setting Court of Federal Claims filing fee.
Sec. 207. Renumbering of Bankruptcy Court fee schedule.
Sec. 208. Increase in fee for converting a Chapter 7 or Chapter 13 bankruptcy
case to a Chapter 11 bankruptcy case.
Sec. 209. Increase in Chapter 9 Bankruptcy filing fee.
Sec. 210. Creation of certifying officers in the judicial branch.
Sec. 211. Fee authority for technology resources in the courts.
TITLE III—JUDICIAL PROCESS IMPROVEMENTS
Sec. 301. Removal of cases under the Employee Retirement Income Security
Act.
Sec. 302. Elimination of in-state plaintiff diversity jurisdiction.
Sec. 303. Extension of statutory authority for magistrate judge positions to be
established in the district courts of Guam and the Northern
Mariana Islands.
Sec. 304. Bankruptcy administrator authority to appoint trustees, examiners
and committee of creditors.
Sec. 305. Magistrate judge contempt authority.
Sec. 306. Consent to magistrate judge authority in petty offense cases and
magistrate judge authority in misdemeanor cases involving ju-
venile defendants.
Sec. 307. Savings and loan data reporting requirements.
Sec. 308. Place of holding court in the eastern district of Texas.
Sec. 309. Federal substance abuse treatment program reauthorization.
Sec. 310. Multidistrict Litigation.
Sec. 311. Membership in circuit judicial councils.
Sec. 312. Sunset of Civil Justice Expense and Delay Reduction Plans.
Sec. 313. Technical Bankruptcy Correction.
TITLE IV—JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS,
AND PROTECTIONS
Sec. 401. Judicial retirement matters.
Sec. 402. Disability retirement and cost-of-living adjustments of annuities for
territorial judges.
Sec. 403. Federal Judicial Center personnel matters.
Sec. 404. Judicial administrative officials retirement matters.
Sec. 405. Judges’ firearms training.
Sec. 406. Deletion of automatic excuse from jury duty service for members of
the armed services, members of fire and police departments,
and public officers.
Sec. 407. Expanded Workers’ Compensation coverage for jurors.
Sec. 408. Property damage, theft, and loss claims of jurors.
Sec. 409. Elimination of the public drawing requirements for selection of juror
wheels.
Sec. 410. Annual leave limit for court unit executives.
Sec. 411. Payments to Military Survivor Benefit Plan.
Sec. 412. Authorization of a circuit executive for the Federal circuit.
HR 1752 IH
Sec. 413. Amendment to the jury selection process.
Sec. 414. Supplemental attendance fee for petit jurors serving on lengthy trials.
TITLE V—CRIMINAL JUSTICE ACT AMENDMENTS
Sec. 501. Maximum amounts of compensation for attorneys.
Sec. 502. Maximum amounts of compensation for services other than counsel.
Sec. 503. Tort Claims Act amendments relating to liability of Federal public
defenders.
TITLE I—FEDERAL COURTS STUDY
COMMITTEE RECOMMENDATIONS
SEC. 101. PARTIES’ CONSENT TO BANKRUPTCY JUDGE’S
FINDINGS AND CONCLUSIONS OF LAW.
Section 157(c)(1) of title 28, United States Code, is
amended to read as follows:
‘‘(c)(1) A bankruptcy judge may hear a proceeding
that is not a core proceeding but that is otherwise related
to a case under title 11. In such proceeding, the bank-
ruptcy judge shall submit proposed findings of fact and
conclusions of law to the district court, and any final order
or judgment shall be entered by the district judge after
considering the bankruptcy judge’s proposed findings and
conclusions and after reviewing de novo those matters to
which any party has timely and specifically objected. A
party shall be deemed to consent to the findings of fact
and conclusions of law submitted by a bankruptcy judge
unless the party files a timely objection. If a timely objec-
tion is not filed, the proposed findings of fact and conclu-
sions of law submitted by the bankruptcy judge shall be-
HR 1752 IH
come final and the bankruptcy judge shall enter an appro-
priate order thereon.’’.
TITLE II—JUDICIAL FINANCIAL
ADMINISTRATION
SEC. 201. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND
CRIMINAL FORFEITURE EXPENSES.
(a) Section 524(c) of title 28, United States Code,
is amended—
(1) by inserting after paragraph ‘‘(11)’’ the fol-
lowing paragraph ‘‘(12)’’:
‘‘(12)(A) In the fiscal year subsequent to the
fiscal year in which this act is enacted and each fis-
cal year thereafter, an amount as specified in sub-
paragraph (9)(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 18 U.S.C. § 3006A, or 21 U.S.C.
§ 848(q) of defendants whose assets have been
seized in such forfeiture proceedings, to the ex-
tent that such expenses of representation could
HR 1752 IH
have been recovered through an order for pay-
ment or for reimbursement of the Defender
Services appropriation pursuant to 18 U.S.C.
§ 3006A(f); and
‘‘(iii) supervision by United States proba-
tion officers of offenders under home detention
or other forms of confinement outside of Bu-
reau of Prison facilities.
‘‘(B) The amount to be transferred—
‘‘(i) shall be a portion of the total amount
to be transferred from the combined fiscal year
deposits into both the Fund and the Depart-
ment of Treasury Asset Forfeiture Fund estab-
lished by section 9703 of title 31, United States
Code (hereafter referred to as ‘both Funds’),
which total amount shall not exceed the state-
ment of costs incurred by the Judiciary in pro-
viding the services identified in subparagraph
(A), as set forth by the Director of the Admin-
istrative Office of the United States Courts in
a report to the Attorney General and the Sec-
retary of the Treasury no later than 90 days
after the end of the fiscal year in which the ex-
penses were incurred; except that (I) provided
that the total amount to be transferred from
HR 1752 IH
both Funds shall not exceed $50,000,000, or 10
percent of the total combined 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; (III) the total amount to be
transferred from both Funds may exceed the
limits set out in this subparagraph subject to
the discretion of the Attorney General and the
Secretary of the Treasury.
‘‘(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—
(1) by redesignating subsection ‘‘(p)’’ as sub-
section ‘‘(q)’’; and
(2) by inserting after subsection ‘‘(o)’’ the fol-
lowing new subsection ‘‘(p)’’:
‘‘(p) TRANSFER TO THE FEDERAL JUDICIARY.—In
the fiscal year subsequent to the fiscal year in which this
Act is enacted and each fiscal year thereafter, an amount
HR 1752 IH
necessary to meet the transfer requirements of section
524(c)(9) of title 28, United States Code, shall be trans-
ferred to the Judiciary, and shall be subject to the same
limitations, terms, and conditions specified in that section
for transfers to the Judiciary from the Department of Jus-
tice Asset Forfeiture Fund.’’.
(c) Section 1931(a) of title 28 is amended by insert-
ing ‘‘or other judicial services including services provided
pursuant to 18 U.S.C. § 3006A, or 21 U.S.C. § 848(q)’’
after ‘‘courts of the United States.’’.
(d) CONFORMING AMENDMENT.—Section 1931(a) of
title 28, United States Code, is amended by inserting ‘‘or
other judicial services, including services provided pursu-
ant to section 3006A of title 18 or section 408(q) of the
Controlled Substances Act (21 U.S.C. 848(q))’’ after
‘‘courts of the United States.’’.
SEC. 202. TRANSFER OF RETIREMENT FUNDS.
Section 377 of title 28, United States Code, is
amended by adding at the end thereof the following new
subsection:
‘‘(p) Upon election by a bankruptcy judge or a mag-
istrate judge under subsection (f) of this section, all of
the accrued employer contributions and accrued interest
on those contributions made on behalf of the bankruptcy
judge or magistrate judge to the Civil Service Retirement
HR 1752 IH
and Disability Fund as defined under section 8348 of title
5, United States Code, shall be transferred to the fund
established under section 1931 of this title except that if
the bankruptcy judge or magistrate judge elects under sec-
tion 2(c) of the Retirement and Survivor’s Annuities for
Bankruptcy Judges and Magistrates Act of 1988, Public
Law 100–659, to receive a retirement annuity under both
this section and title 5, United States Code, only the ac-
crued employer contributions and accrued interest on such
contributions made on behalf of the bankruptcy judge or
magistrate judge for service credited under this section
may be transferred.’’.
SEC. 203. 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’’;
HR 1752 IH
(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. 204. BANKRUPTCY FEES.
Subsection (a) of section 1930 of title 28, United
States Code, is amended by adding the following new sub-
section:
‘‘(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 of this subsection. Such fees shall
be deposited as offsetting receipts to the fund estab-
lished under section 1931 of this title and shall re-
main available until expended.’’.
SEC. 205. 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 es-
tablished on the date of enactment of this provision shall
HR 1752 IH
be deposited into the special fund of the Treasury estab-
lished under section 1931 of title 28, United States Code.
SEC. 206. 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. 207. RENUMBERING OF BANKRUPTCY COURT FEE
SCHEDULE.
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 in the first sentence by striking ‘‘for
any service enumerated after item 18’’ and inserting ‘‘for
any fee implemented after November 21, 1989’’.
SEC. 208. INCREASE IN FEE FOR CONVERTING A CHAPTER
7 OR CHAPTER 13 BANKRUPTCY CASE TO A
CHAPTER 11 BANKRUPTCY CASE.
(a) CONVERSION FEE INCREASE.—Section 1930(a)
of title 28, United States Code, is amended by striking
‘‘$400’’ at the end of subsection (6) and inserting in lieu
thereof: ‘‘an amount equal to the difference between the
filing fee paid under the original chapter and the amount
of the filing fee prescribed in section 1930(a)(3) of title
28, for filing a case under chapter 11’’.
HR 1752 IH
SEC. 209. INCREASE IN CHAPTER 9 BANKRUPTCY FILING
FEE.
(a) FILING FEE INCREASE.—Section 1930(a)(2) of
title 28, United States Code, is amended by striking
‘‘$300’’ and inserting in lieu thereof ‘‘the same amount
as the filing fee prescribed in section 1930(a)(3) of title
28, for filing a case under chapter 11. Any portion of the
fee exceeding $300 shall be deposited into the special fund
of the Treasury established under section 1931 of title 28,
United States Code’’.
SEC. 210. 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
HR 1752 IH
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
HR 1752 IH
‘‘(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.’’.
HR 1752 IH
(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 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. 211. 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.’’.
HR 1752 IH
(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 III—JUDICIAL PROCESS
IMPROVEMENTS
SEC. 301. REMOVAL OF CASES UNDER THE EMPLOYEE RE-
TIREMENT INCOME SECURITY ACT.
Section 1445 of title 28, United States Code is
amended by adding a new subsection:
‘‘(e) A civil action in any State court may not be re-
moved to any district court of the United States solely
on the basis of concurrent jurisdiction over a claim under
section 1132(a)(1)(B) of title 29.’’.
SEC. 302. ELIMINATION OF IN-STATE PLAINTIFF DIVERSITY
JURISDICTION.
Section 1332 of title 28, United States Code is
amended by redesignating existing subsection (d) as sub-
section (e), and by adding a new subsection (d) as follows:
‘‘(d) The original jurisdiction of the district courts
otherwise conferred by this section may not be invoked if
any plaintiff joined in the complaint is a citizen of the
State in which is located the district court in which the
suit is filed. For purposes of this subsection only, the Dis-
trict of Wyoming shall be deemed located solely within the
State of Wyoming. This subsection does not apply to or
HR 1752 IH
limit the applicability of the right of removal under section
1441(a) of an action that would otherwise be within the
original jurisdiction of the district courts.’’.
SEC. 303. 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 in lieu thereof the fol-
lowing: ‘‘The judges of each United States district
court and the district courts of the Virgin Islands,
Guam, and the Northern Mariana Islands shall ap-
point United States magistrate judges in such num-
bers and to serve at such locations within the judi-
cial districts as the Conference may determine under
this chapter. In the case of a magistrate judge ap-
pointed by the district court of the Virgin Islands,
Guam, or the Northern Mariana Islands, this chap-
ter shall apply as though the court appointing such
a magistrate judge were a United States district
court.’’; and
HR 1752 IH
(2) by inserting in the first sentence of para-
graph (1) of subsection (b) after ‘‘Commonwealth of
Puerto Rico,’’ the language ‘‘the Territory of Guam,
the Commonwealth of the Northern Mariana Is-
lands,’’.
SEC. 304. BANKRUPTCY ADMINISTRATOR AUTHORITY TO
APPOINT TRUSTEES, EXAMINERS AND COM-
MITTEE OF CREDITORS.
(a) APPOINTMENT OF TRUSTEES.—Until the amend-
ments made by subtitle A of title II of the Bankruptcy
Judges, United States Trustees, and Family Farmer
Bankruptcy Act of 1986 (28 U.S.C. § 581 note; Public
Law 99–554; 100 Stat. 3123) become effective in a judi-
cial district and apply to a case, a bankruptcy adminis-
trator appointed to serve in the district pursuant to sec-
tion 302(d)(3)(I) of the Act, as amended by section 317(a)
of the Federal Courts Study Committee Implementation
Act of 1990 (Public Law 101–650; 104 Stat. 5115) shall
appoint the trustees, examiners, and standing trustees
notwithstanding the references in those sections of title
11 of appointments by the court.
(b) STANDING TRUSTEES.—A bankruptcy adminis-
trator who has appointed a standing trustee pursuant to
subsection (a) of this section shall fix the standing trust-
ee’s maximum annual compensation and percentage fee,
HR 1752 IH
subject to the limitations set out in sections 1202 and
1302 of title 11 as amended by section 110 of the Federal
Employee Pay Comparability Act of 1990, Public Law
101–509, 104 Stat. 1427, 1452. The bankruptcy adminis-
trator shall fix the maximum annual compensation and
percentage fee notwithstanding the references in those sec-
tions of title 11 of the court’s authority to fix them.
(c) SERVICE AS TRUSTEE.—A bankruptcy adminis-
trator may serve as and perform the duties of a trustee
in a case under chapter 7 of title 11 if none of the mem-
bers of the panel of private trustees is disinterested and
willing to serve as trustee in the case. The bankruptcy ad-
ministrator may serve as and perform the duties of a
trustee of a trustee or standing trustee in cases under
chapter 12 or chapter 13 of title 11 if necessary.
(d) APPOINTMENT
OF
COMMITTEES.—Until the
amendments made by subtitle A of title II of the Bank-
ruptcy Judges, United States Trustees and Family Farm-
er Bankruptcy Act of 1986 become effective in a judicial
district and apply to a case, the bankruptcy administrator
appointed to serve in the district shall appoint the commit-
tees of creditors and equity security holders provided in
section 1102 of title 11. The bankruptcy administrator
shall appoint the committees notwithstanding the ref-
HR 1752 IH
erences in those sections of title 11 to appointments by
the court.
SEC. 305. MAGISTRATE JUDGE CONTEMPT AUTHORITY.
Section 636(e) of the Federal Magistrates Act (28
U.S.C. § 636) is amended to read as follows:
‘‘(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
HR 1752 IH
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
HR 1752 IH
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 subsection (5) of this section, 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 sub-
section (5) of this subsection; or
HR 1752 IH
‘‘(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 of a district judge and may serve or cause
to be served upon any person whose behavior is
brought into question under this paragraph an
order requiring such person to appear before a
district judge upon a day certain to show cause
why he or she should not be adjudged in con-
tempt by reason of the facts so certified. The
district judge shall thereupon hear the evidence
as to the act of conduct complained of and, if
it is such as to warrant punishment, punish
such person in the same manner and to the
same extent as for a contempt committed before
a district judge.
‘‘(7) APPEALS
OF
MAGISTRATE
JUDGE
CON-
TEMPT ORDERS.—The appeal of an order of con-
tempt issued pursuant to this section shall be made
to the court of appeals in cases proceeding under
subsection (c) of this section. The appeal of any
HR 1752 IH
(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. 307. 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).
SEC. 308. PLACE OF HOLDING COURT IN THE EASTERN DIS-
TRICT OF TEXAS.
(a) 
TEXAS.—The 
second 
sentence 
of 
section
124(c)(3) of title 28, United States Code, is amended by
inserting ‘‘and Plano’’ after ‘‘held at Sherman’’.
(b) TEXARKANA.—Sections 83(b)(1) and 124(c)(6)
of title 28, United States Code, are amended by adding
to the end of the last sentence: ‘‘, and may be held any-
where within the Federal courthouse in Texarkana that
is located astride the State line between Texas and Arkan-
sas’’.
HR 1752 IH
SEC. 309. 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; 93 Stat. 2038), as amended, is amended by
striking all that follows ‘‘there are authorized to be appro-
priated’’ and inserting in lieu thereof ‘‘for fiscal year 2000
and each fiscal year thereafter such sums as may be nec-
essary to carry out this Act.’’.
SEC. 310. MULTIDISTRICT LITIGATION.
(a) Section 1407 of title 28, United States Code, is
amended—
(1) in subsection (a) after ‘‘terminated’’ by in-
serting ‘‘or ordered transferred by the transferee
judge to the transferee or other district under sub-
section (i) of this section’’; and
(2) by adding at the end the following new sub-
section:
‘‘(i) Any action transferred under this section by the
panel may be transferred by the transferee judge for trial
purposes to the transferee or other district in the interest
of justice and for the convenience of the parties and wit-
nesses.’’.
(b) The amendments made by this section shall apply
to any civil action pending on or after the date of enact-
ment of this Act.
HR 1752 IH
SEC. 311. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.
Section 332 of title 28, United States Code, is
amended in subsection (a)—
(1) by striking out paragraph (3) and inserting
in lieu thereof the following:
‘‘(3) Except for the chief judge of the circuit,
either judges in regular active service or judges re-
tired from regular active service under section
371(b) of this title may serve as members of the
council.’’; and
(2) by striking out ‘‘retirement,’’ in paragraph
(5) and inserting in lieu thereof ‘‘retirement pursu-
ant to section 371(a) or section 372(a) of this
title,’’.
SEC. 312. 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. 313. 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).’’.
HR 1752 IH
TITLE IV—JUDICIAL PERSONNEL ADMIN-
ISTRATION, BENEFITS, AND PROTEC-
TIONS
SEC. 401. JUDICIAL RETIREMENT MATTERS.
(a) Section 371 of title 28, United States Code, is
amended—
(1) in subsection (a) by inserting ‘‘(1)’’ after
‘‘subsection (c)’’;
(2) in subsection (b)(1) by inserting ‘‘(2)’’ after
‘‘subsection (c)’’; and
(3) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(B) by striking out ‘‘this section’’ and in-
serting in lieu thereof ‘‘subsection (a)’’; and
(C) by adding at the end of that subsection
the following new paragraph:
‘‘(2) The age and service requirements for re-
tirement under subsection (b)(1) are as follows:
‘‘Attained age:
Years of service:
60 .......................................................................................................
61 .......................................................................................................
62 .......................................................................................................
63 .......................................................................................................
64 .......................................................................................................
65 .......................................................................................................
66 .......................................................................................................
67 .......................................................................................................
68 .......................................................................................................
69 .......................................................................................................
70 .......................................................................................................
10’’.
HR 1752 IH
SEC. 402. 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 du-
ties pursuant to recall under paragraph (2) of this
subsection shall be paid, while performing such du-
ties, the same compensation (in lieu of the annuity
payable under this section) and the same allowances
for travel and other expenses as a judge on active
duty with the court being served.’’;
(2) by amending subsection (e) to read—
‘‘(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 sixty-five years or upon relinquishing office if
the judge is then beyond the age of sixty-five years—
‘‘(A) if the judicial service of such judge, con-
tinuous or otherwise, aggregates fifteen 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
HR 1752 IH
‘‘(B) if such judicial service, continuous or oth-
erwise, aggregated less then fifteen years, to receive
during 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 fifteen.
‘‘(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 five 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 ten 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 fifteen.’’; and
(3) amending subsection (g) to read—
‘‘(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
HR 1752 IH
active service with the court on which the retired judge
served before retiring.’’.
SEC. 403. 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,’’;
(B) 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 4 posi-
tions of the Center at a level not to exceed the
annual rate of pay in effect for level IV of the
Executive Schedule under section 5315 of title
5’’; and
(C) by striking ‘‘the Civil Service’’ 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’’; and
HR 1752 IH
(2) in subsections (c) and (d) by striking
‘‘, United States Code,’’ each place it appears.
SEC. 404. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE-
MENT MATTERS.
(a) CREDITABLE SERVICE FOR CERTAIN JUDICIAL
ADMINISTRATIVE OFFICIALS.—
(1) Sections 611(d) and 627(e) of title 28,
United States Code, are each amended—
(A) by inserting ‘‘a congressional employee
in the capacity of primary administrative assist-
ant to a Member of Congress or in the capacity
of staff director or chief counsel for the major-
ity or the minority of a committee or sub-
committee of the Senate or House of Represent-
atives,’’ after ‘‘Congress.’’;
(B) in paragraph (b), by striking out ‘‘who
has served at least fifteen years and’’ and in-
serting in lieu thereof ‘‘who has at least fifteen
years of service and has’’; and
(C) in the first undesignated paragraph, by
striking out ‘‘who has served at least ten
years,’’ and inserting in lieu thereof ‘‘who has
at least ten years of service,’’.
(2) Sections 611(c) and 627(d) of such title are
each amended—
HR 1752 IH
(A) by striking out ‘‘served at least fifteen
years,’’ and inserting in lieu thereof ‘‘at least
fifteen years of service,’’; and
(B) by striking out ‘‘served less than fif-
teen years,’’ and inserting in lieu thereof ‘‘less
than fifteen years of service,’’.
SEC. 405. JUDGES’ FIREARMS TRAINING.
(a) IN GENERAL.—Chapter 21 of title 28, United
States Code, is amended by adding at the end thereof the
following new section:
‘‘§ 464. Carrying of firearms by judicial officers
‘‘(a) A judicial officer of the United States is author-
ized 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 to (1) 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 place where
the judicial officer of the United States sits, resides, or
is present on official travel status.
‘‘(b) IMPLEMENTATION.—
‘‘(1) The regulations promulgated by the Judi-
cial Conference under subsection (a) shall—
‘‘(A) require a demonstration of a judicial
officer’s proficiency in the use and safety of
HR 1752 IH
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 Depart-
ment of Justice and appropriate law enforcement
components of the Department shall assist the Judi-
cial Conference in developing and providing training
to assist judicial officers in securing the proficiency
referred to in subsection (b)(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 of this title in regular active
service or retired from regular active service;
‘‘(2) a justice or judge of the United States who
has retired from the judicial office under section
371(a) of this title for—
‘‘(A) a 1-year period following such jus-
tice’s or judge’s retirement; or
HR 1752 IH
‘‘(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;
‘‘(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 AMENDMENT.—
The table of sections for chapter 21 of title 28, United
HR 1752 IH
States Code, is amended by adding at the end thereof the
following:
‘‘464. Carrying of firearms by judicial officers.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect upon the earlier of the pro-
mulgation of regulations by the Judicial Conference under
this section or one year after the date of the enactment
of this Act.
SEC. 406. DELETION OF AUTOMATIC EXCUSE FROM JURY
SERVICE FOR MEMBERS OF THE ARMED
SERVICES, MEMBERS OF FIRE AND POLICE
DEPARTMENTS, AND PUBLIC OFFICERS.
(a) Section 1863 of title 28, United States Code, is
amended by repealing subsection (b)(6) and redesignating
subsequent subsections accordingly.
(b) CONFORMING AMENDMENT.—Section 1869 of
title 28 United States Code, is amended by repealing sub-
section (i) and redesignating subsequent subsections ac-
cordingly.
(c) Section 982 of title 10 United States Code, is
amended—
(1) by inserting the term ‘‘Federal,’’ in the title
immediately following the term ‘‘service on’’; and
(2) by inserting the term ‘‘Federal’’ in sub-
section (a) immediately following the term ‘‘required
to serve on a’’.
HR 1752 IH
SEC. 407. 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. 408. PROPERTY DAMAGE, THEFT, AND LOSS OF JU-
RORS.
Section 604 of title 28, United States Code, is
amended by adding at the end thereof the following new
subsection:
‘‘(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
authority granted to the head of an agency by section
3721 of title 31, for consideration of employee’s personal
property claims. The Director shall prescribe guidelines
for the consideration of claims under this subsection.’’.
HR 1752 IH
SEC. 409. ELIMINATION OF THE PUBLIC DRAWING RE-
QUIREMENTS FOR SELECTION OF JUROR
WHEELS.
(a) Section 1864(a) of title 28, United States Code,
is amended—
(1) by striking the term ‘‘publicly’’ from the
first sentence; and
(2) by inserting the sentence ‘‘The clerk or jury
commission shall post a general notice for public re-
view in the clerk’s office explaining the process by
which names are periodically and randomly drawn.’’
immediately following first sentence.
(b) Section 1866(a) of title 28, United States Code,
is amended—
(1) by striking the term ‘‘publicly’’ from the
second sentence; and
(2) by inserting the sentence ‘‘The clerk or jury
commission shall post a general notice for public re-
view in the clerk’s office explaining the process by
which names are periodically and randomly drawn.’’
immediately following the second sentence.
(c) CONFORMING AMENDMENT.—Section 1869(k) of
title 28, United States Code, is repealed.
HR 1752 IH
SEC. 410. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECU-
TIVES.
Section 6304(f)(1) of title 5 is amended to add at
the end thereof:
‘‘(F) the Judicial Branch designated as a
court unit executive position by the Judicial
Conference of the United States.’’.
SEC. 411. PAYMENTS TO MILITARY SURVIVOR BENEFIT
PLAN.
Section 371(e) of title 28, United States Code, is
amended by inserting after ‘‘such retired or retainer pay’’
the following: ‘‘, except such pay as is deductible from the
retired or retainer pay as a result of participation in any
survivor’s benefits plan in connection with the retired
pay,’’.
SEC. 412. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR
THE FEDERAL CIRCUIT.
Section 332 of title 28, United States Code, is
amended by inserting the following new subsection after
subsection (g):
‘‘(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-
HR 1752 IH
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.
‘‘(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).
‘‘(5) The court may appoint either a circuit executive
or a clerk under section 711 of title 28, but not both, or
may appoint a combined circuit executive/clerk who shall
be paid the salary of a circuit executive.’’.
SEC. 413. AMENDMENT TO THE JURY SELECTION PROCESS.
(a) Section 1865 of title 28, United States Code, is
amended—
(1) in subsection (a) by inserting the phrase
‘‘or the clerk under supervision of the court if the
HR 1752 IH
court’s jury selection plan so authorizes,’’ following
the term ‘‘jury commission’’; and
(2) in subsection (b) by inserting the phrase
‘‘or the clerk if the court’s jury selection plan so
provides,’’ following the term ‘‘may provide’’.
SEC. 414. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT
JURORS SERVING ON LENGTHY TRIALS.
Section 1871(b)(2) of title 28, United States Code,
is amended by striking out ‘‘thirty’’ in each place it occurs,
and inserting in lieu thereof ‘‘five’’.
TITLE V—CRIMINAL JUSTICE ACT
AMENDMENTS
SEC. 501. 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 out ‘‘3,500’’ and inserting
‘‘5,400’’;
(B) by striking out ‘‘1,000’’ and inserting
‘‘1,600’’;
(2) in the second sentence by striking out
‘‘2,500’’ and inserting ‘‘3,900’’;
(3) in the third sentence—
HR 1752 IH
(A) by striking out ‘‘750’’ and inserting
‘‘1,200’’;
(B) by striking out ‘‘2,500’’ and inserting
‘‘3,900’’;
(4) by inserting after the second sentence, a
new sentence: ‘‘For representation of a petitioner in
a non-capital habeas corpus proceeding, the com-
pensation for each attorney shall not exceed the
amount applicable to a felony in this paragraph for
representation of a defendant before a United States
magistrate or the district court, or both. For rep-
resentation of such petitioner in an appellate court,
the compensation for each attorney shall not exceed
the amount applicable for representation of a de-
fendant in an appellate court.’’; and
(5) in the final sentence by striking out ‘‘750’’
and inserting ‘‘1,200’’.
SEC. 502. MAXIMUM AMOUNTS OF COMPENSATION FOR
SERVICES OTHER THAN COUNSEL.
(a) Paragraph (2) of subsection (e) of section 3006A
of title 18, United States Code, is amended—
(1) in subparagraph (A) by striking out ‘‘300’’
and inserting ‘‘500’’; and
(2) in subparagraph (B) by striking out ‘‘300’’
and inserting ‘‘500’’.
HR 1752 IH
(b) Paragraph (3) of subsection (e) in the first sen-
tence is amended by striking out ‘‘1,000’’ and inserting
‘‘1,600’’.
SEC. 503. TORT CLAIMS ACT AMENDMENTS RELATING TO
LIABILITY OF FEDERAL PUBLIC DEFENDERS.
Section 2671 of title 28, United States Code, is
amended in the second undersigned 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
when such officer or employee performs professional
services in the course of providing representation
under section 3006A of title 18.’’.
Æ