I
105TH CONGRESS
1ST SESSION
H. R. 2294
To make improvements in the operation and administration of the Federal
courts, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 30, 1997
Mr. COBLE (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 1997.’’
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
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TITLE I—FEDERAL COURTS STUDY COMMITTEE
RECOMMENDATIONS
Sec. 101. Parties’ consent to bankruptcy judge’s findings and conclusions of
law.
TITLE II—JUDICIAL FINANCIAL ADMINISTRATION
Sec. 201. Reimbursement of judiciary for civil and criminal forfeiture expenses.
Sec. 202. Transfer of retirement funds.
Sec. 203. Judicial Conference Foundation.
Sec. 204. Extension of the Judiciary Information Technology Fund.
Sec. 205. Bankruptcy Fees.
Sec. 206. Disposition of Miscellaneous Fees.
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 mag-
istrate judge authority in misdemeanor cases involving juvenile
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. Reports concerning intercepted wire, oral, or electronic communica-
tions.
Sec. 311. Membership in circuit judicial councils.
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. Exemption from jury service.
Sec. 407. Expanded workers’ compensation coverage for jurors.
Sec. 408. Property damage, theft, and loss claims of jurors.
Sec. 409. Annual leave limit for court unit executives.
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 de-
fenders.
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TITLE 
I—FEDERAL 
COURTS
STUDY 
COMMITTEE 
REC-
OMMENDATIONS
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-
come final and the bankruptcy judge shall enter an appro-
priate order thereon.’’.
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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 offenders whose assets have been seized in
such forfeiture proceedings, to the extent that
such expenses of representation could have been
recovered through an order for payment or for
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reimbursement of the Defender Services appro-
priation 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 the Treasury Asset Forfeiture Fund es-
tablished by section 9703 of title 31, United
States Code (hereafter referred to as ‘both
Funds’), which total 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: Provided, That the total
amount to be transferred from both Funds shall
not exceed $50,000,000, or 10 percent of the
total combined deposits into both Funds, which-
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ever is less: Provided further, That the propor-
tion of the amount transferred from the Fund
to the total amount to be transferred shall be
equal to the proportion of the fiscal year depos-
its into the Fund to the combined fiscal year
deposits in both Funds: Provided further, That
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) Section 9703 of title 31, United States Code, is
amended—
(1) by redesignating section (p) as section (q);
and
(2) by inserting after section (o) the following
new section (p):
‘‘(p) TRANSFER TO THE FEDERAL JUDICIARY.—
‘‘(1) In the fiscal year subsequent to the fiscal
year in which this Act is enacted and each fiscal
year thereafter, an amount necessary to meet the
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transfer requirements of section 524(c)(9) of title
28, United States Code, shall be transferred to the
Judiciary, and shall be subject to the same limita-
tions, terms, and conditions specified in that section
for transfers to the Judiciary from the Department
of Justice 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’’.
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
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 title 28, United States
Code: Provided, however, That if the bankruptcy judge or
magistrate judge elects under section 2(c) of the Retire-
ment and Survivor’s Annuities for Bankruptcy Judges and
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Magistrates Act of 1988, Public Law No. 100–659, to re-
ceive a retirement annuity under both this section and title
5, United States Code, only the accrued employer con-
tributions and accrued interest on such contributions
made on behalf of the bankruptcy judge or magistrate
judge for service credited under this section may be trans-
ferred.’’.
SEC. 203. JUDICIAL CONFERENCE FOUNDATION.
(a) Chapter 15 of title 28 of the United States Code
is amended by inserting at the end of the following new
section:
‘‘§ 336. Judicial Conference Foundation
‘‘(a) There is established a private nonprofit corpora-
tion which shall be known as the Judicial Conference
Foundation (hereafter referred to as the ‘Foundation’)
and which shall be incorporated in the District of Colum-
bia. The purpose of the Foundation shall be to have sole
authority to accept and receive gifts or grants of real and
personal property and services made for the purpose of
aiding and facilitating the work of the Judicial Conference
of the United States (the ‘Conference’). The Foundation
shall not accept conditional or otherwise restricted gifts
or grants except gifts or grants that are designated for
the support of specific projects previously approved by the
Conference. The Foundation shall have no authority to ad-
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minister or otherwise determine the use of gifts or grants
accepted under this section.
‘‘(b) The business of the Foundation shall be con-
ducted by a Board that shall have seven members, includ-
ing a chair. Three members, including the chair, shall be
appointed by the Chief Justice of the United States, two
by the President pro tempore of the Senate, and two by
the Speaker of the House of Representatives. The term
of office of each member of the Board shall be 5 years,
except that the initial terms shall be 5 years for the chair,
one member appointed by the President pro tempore and
one member appointed by the Speaker, and 3 years for
the other member appointed by the Speaker, and two
years for the two other members appointed by the Chief
Justice. No person who is a Federal or State judge in reg-
ular active service or otherwise eligible to perform judicial
duties shall be eligible for membership on the Board.
Members of the Board shall serve without compensation,
but, upon authorization of the Director of the Administra-
tive Office of the United States Courts (the ‘Administra-
tive Office’), shall be reimbursed for actual and necessary
expenses incurred in the performance of their official du-
ties from funds available to the judiciary for salaries and
expenses or by the Foundation. The Administrative Office
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may provide administrative support and facilities nec-
essary for the operation of the Board.
‘‘(c) The Conference is authorized to administer and
use gifts or grants received by the Foundation under this
section and shall adopt policies and procedures for that
purpose. The gifts or grants shall be used to further the
goals of the Foundation as determined by the Conference.
‘‘(d) Gifts or grants of money and proceeds from
sales of other property received as gifts or grants shall
be deposited in a separate fund in the Treasury of the
United States and disbursed on the order of the Board
and shall remain available without appropriation until ex-
pended.
‘‘(e) The Board of the Foundation shall, not later
than October 1 of each year, submit to the Committee on
the Judiciary of the United States Senate and House of
Representatives a report with respect to gifts or grants
received under this section during the preceding 12-month
period, including the source of each gift or grant, the
amount of each gift or grant of cash or cash equivalent,
and a description of any other gift or grant. The Director
of the Administrative Office shall include in the annual
report of activities under section 604(a)(3) a description
of the purposes for which gifts or grants were used during
the year covered by the report.
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‘‘(f) For the purpose of Federal income, estate, and
gift taxes, property accepted under this section shall be
considered as a gift or bequest to or for the use of the
United States.’’.
(b) The table of sections of chapter 15 of title 28
is amended by adding at the end thereof the following
entry:
‘‘336. Judicial Conference Foundation.’’.
SEC. 204. EXTENSION OF THE JUDICIARY INFORMATION
TECHNOLOGY FUND.
Section 612 of title 28, United States Code, is
amended—
(1) by striking out ‘‘equipment’’ and inserting
in lieu thereof ‘‘resources’’ each place it appears;
(2) by striking out subsection (l)
(3) by striking out subsection (f), and redesig-
nating each subsequent subsection accordingly; and
(4) in new subsection (g) by striking out sub-
section (3).
SEC. 205. 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
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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. 206. DISPOSITION OF MISCELLANEOUS FEES.
For fiscal year 1997 and thereafter, any portion of
miscellaneous fees collected as prescribed by the Judicial
Conference of the United States pursuant to section 1913,
1914(b), 1926(a), 1930(b), and 1932 of title 28, United
States Code, exceeding the amount of such fees estab-
lished on the date of enactment of this provision shall be
deposited into the special fund of the Treasury established
under section 1931 of title 28, United States Code.
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.’’.
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SEC. 302. ELIMINATION OF IN-STATE PLAINTIFF DIVERSITY
JURISDICTION.
Section 1332 of title 28, United States Code, is
amended by adding the following new subsection:
‘‘(e) 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
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 follow-
ing: ‘‘The judges of each United States district court
and the district courts of the Virgin Islands, Guam,
and the Northern Mariana Islands shall appoint
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United States magistrate judges in such numbers
and to serve at such locations within the judicial dis-
tricts as the Conference may determine under this
chapter. In the case of a magistrate judge appointed
by the district court of the Virgin Islands, Guam, or
the Northern Mariana Islands, this chapter shall
apply as though the court appointing such a mag-
istrate judge were a United States district court.’’;
and
(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 judicial dis-
trict and apply to a case, a bankruptcy administrator ap-
pointed to serve in the district pursuant to section
302(d)(3)(I) of the Act, as amended by section 317(a) of
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the Federal Courts Study Committee Implementation Act
of 1990 (Public Law 101–650; 104 Stat. 5115) shall ap-
point the trustees, examiners, and standing trustees not-
withstanding the references in those sections of title 11
to 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,
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 admin-
istrator shall fix the maximum annual compensation and
percentage fee notwithstanding the references in those sec-
tions of title 11 to 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. A bankruptcy ad-
ministrator may serve as and perform the duties of a
trustee or standing trustee in cases under chapter 12 or
chapter 13 of title 11 if necessary.
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(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-
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 in its entirety 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 section.
‘‘(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-
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tice. The order of contempt shall be issued pursuant
to the 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 28 U.S.C. 636(c), and in any misdemeanor
case proceeding before a magistrate judge under 18
U.S.C. 3401, the magistrate judge shall have the
power to punish by fine or imprisonment such crimi-
nal contempt constituting disobedience or resistance
to the magistrate judge’s lawful writ, process, order,
rule, decree, or command. Disposition of such con-
tempt shall be conducted upon notice and hearing
pursuant to the Federal Rules of Criminal Proce-
dure.
‘‘(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 28 U.S.C.
636(c), and in any misdemeanor case proceeding be-
fore a magistrate judge under 18 U.S.C. 3401, the
magistrate judge may exercise the civil contempt au-
thority of the district court. This subsection shall
not be construed to limit the authority of a mag-
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istrate 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 subsections (2) and
(3) of this section shall not exceed the penalties for
a Class C misdemeanor as set forth in 18 U.S.C.
3581(b)(8) and 3571(b)(6).
‘‘(6) CERTIFICATION OF OTHER CONTEMPTS TO
THE DISTRICT COURT.—Upon the commission of any
such act—
‘‘(A) in any case in which a United States
magistrate judge presides with the consent of
the parties under 28 U.S.C. 636(c), or in any
misdemeanor case proceeding before a mag-
istrate judge under 18 U.S.C. 3401, that may,
in the opinion of the magistrate judge, con-
stitute a serious criminal contempt punishable
by penalties exceeding those set forth in sub-
section (5) of this section, or
‘‘(B) in any other case or proceeding under
28 U.S.C. 636(a) or (b), or any other statute,
where—
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‘‘(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 section, or
‘‘(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 subparagraph
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
contempt by reason of the facts so certified.
The district judge shall thereupon hear the evi-
dence as to the act or 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.
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‘‘(7) APPEALS
OF
MAGISTRATE
JUDGE
CON-
TEMPT ORDERS.—The appeal of an order of con-
tempt pursuant to this section shall be made to the
court of appeals in cases proceeding under 28
U.S.C. 636(c). In any other proceeding in which a
United States magistrate judge presides under 28
U.S.C. 636(a) or (b), 18 U.S.C. 3401 or any other
statute, the appeal of a magistrate judge’s summary
contempt order shall be made to the district court.’’.
SEC. 306. 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) Section 3401(b) of title 18, United States
Code, is amended by striking ‘‘that is a class B mis-
demeanor charging a motor vehicle offense, a class
C misdemeanor, or an infraction,’’ after ‘‘petty of-
fense’’.
(2) Section 3401(g) of title 18, United States
Code, is amended—
(A) by striking the first sentence and in-
serting in lieu thereof the following: ‘‘The mag-
istrate judge may, in a petty offense case in-
volving a juvenile, exercise all powers granted to
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the district court under chapter 403 of this
title.’’;
(B) by striking in the second sentence the
phrase ‘‘other class B or C misdemeanor case’’
and inserting in lieu thereof ‘‘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 out
paragraphs (4) and (5) and inserting in lieu thereof 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 out the second num-
ber paragraph (24).
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SEC. 308. PLACE OF HOLDING COURT IN THE EASTERN DIS-
TRICT OF TEXAS.
(a) 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) 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 anywhere within
the Federal courthouse in Texarkana that is located
astride the state line between Texas and Arkansas’’.
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 after ‘‘there are authorized to be appro-
priated’’ and inserting in lieu thereof ‘‘for fiscal year 1998
and each fiscal year thereafter such sums as may be nec-
essary to carry out this Act.’’.
SEC. 310. REPORTS CONCERNING INTERCEPTED WIRE,
ORAL, OR ELECTRONIC COMMUNICATIONS.
Section 2519 of title 18, United States Code, is
amended—
(1) by striking ‘‘Administrative Office of the
United States Courts’’ each place it appears and in-
serting ‘‘United States Department of Justice’’;
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(2) by striking ‘‘Director of the Administrative
Office of the United States Courts’’ each place it ap-
pears and inserting ‘‘Attorney General of the United
States’’; and
(3) by striking ‘‘Administrative Office’’ each
place it appears and inserting ‘‘United States De-
partment of Justice’’.
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 (1) and inserting
in lieu thereof the following:
‘‘(1) The chief judge of each judicial circuit
shall call and preside at a meeting of the judicial
council of the circuit at least twice in each year and
at such places as he or she may designate. The
council shall consist of an equal number of circuit
judges (including the chief judge of the circuit) and
district judges, as such number is determined by
majority vote of all such judges of the circuit in reg-
ular active service.’’;
(2) 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-
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tired from regular active service under section
371(b) of this title may serve as members of the
council.’’; and
(3) 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,’’.
TITLE 
IV—JUDICIAL 
PERSON-
NEL ADMINISTRATION, BENE-
FITS, AND PROTECTIONS
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:
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wise, 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 (ii) if such
judicial service, continuous or otherwise, aggregated less
than fifteen years, to receive during the remainder of such
judge’s life an annuity equal to that proportion of such
salary which the aggregate 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
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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. 403. FEDERAL JUDICIAL CENTER PERSONNEL MAT-
TERS.
Section 625(b) of title 28 is amended—
(1) by inserting after ‘‘section 5316, title 5,
United States Code’’ the following: ‘‘, except the Di-
rector may fix the compensation of no more than 5
percent of the positions of the Center at a level not
to exceed the annual rate of basic pay of level IV of
such pay rates’’.
(2) by deleting ‘‘Servive’’ and inserting in lieu
thereof ‘‘Service.’’
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-
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ity or the minority of a committee or sub-
committee of the Senate or House of Represent-
ative,’’ 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—
(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:
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‘‘§ 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)(1) The regulations promulgated by the Judicial
Conference under subsection (a) shall—
‘‘(A) require a demonstration of a judicial offi-
cer’s proficiency in the use and safety of firearms as
a prerequisite to the carrying of firearms 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 Serv-
ice policy on the carrying of firearms by persons re-
ceiving such protection.
‘‘(2) At the request of the Judicial Conference, the
Department of Justice and appropriate law enforcement
components of the Department shall assist the Judicial
Conference in developing and providing training to assist
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judicial officers in security the proficiency referred to in
subsection (b)(1).
‘‘(c) 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
‘‘(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) 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
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. EXEMPTION FROM JURY SERVICE.
(a) MEMBERS OF THE ARMED FORCES.—Paragraph
(6) of section 1863(b) of title 28, United States Code, is
amended to read as follows:
‘‘(6) specify that members of the Armed Forces
of the United States serving on active duty are
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barred from service on the ground that they are ex-
empt.’’.
(b) CONFORMING AMENDMENT.—Section 1869 of
title 28, United States Code, is amended by repealing sub-
section (i) and redesignating subsequent subsections ac-
cordingly.
SEC. 407. EXPANDED WORKERS’ COMPENSATION COV-
ERAGE FOR JURORS.
(a) WORKERS’ COMPENSATION COVERAGE.—Para-
graph (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 ‘‘, or (E) traveling to or from
the courthouse pursuant to a jury summons or se-
questration order, or as otherwise necessitated by
order of the court’’ before the period at the end of
clause (D).
SEC. 408. PROPERTY DAMAGE, THEFT, AND LOSS CLAIMS
OF JURORS.
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
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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 employees’ personal
property claims. The Director shall prescribe guidelines
for the consideration of claims under this subsection.’’.
SEC. 409. 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.’’.
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
‘‘5,000’’;
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(B) by striking out ‘‘1,000’’ and inserting
‘‘1,500’’;
(2) in the second sentence by striking out
‘‘2,500’’ and inserting ‘‘3,600’’;
(3) in the third sentence—
(A) by striking out ‘‘750’’ and inserting
‘‘1,100’’;
(B) by striking out ‘‘2,500’’ and inserting
‘‘3,600’’;
(4) inserting after the second sentence, a new
sentence: ‘‘For representation of a petitioner in a
non-capital habeas corpus proceeding, the compensa-
tion for each attorney shall not exceed the amount
applicable to a felony in this paragraph for represen-
tation of a defendant before a United States mag-
istrate or the district court, or both; for representa-
tion of such petitioner in an appellate court, the
compensation for each attorney shall not exceed the
amount applicable for representation of a defendant
in an appellate court’’; and
(5) in the final sentence by striking out ‘‘750’’
and inserting ‘‘1,100’’.
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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 ‘‘450’’; and
(2) in subparagraph (B) by striking out ‘‘300’’
and inserting ‘‘450’’.
(b) Paragraph (3) of subsection (e) in the first sen-
tence by striking out ‘‘1,000’’ and inserting ‘‘1,500’’.
SEC. 503. TORT CLAIMS ACT AMENDMENTS RELATING TO
LIABILITY OF FEDERAL PUBLIC DEFENDERS
Section 2680 of title 28, United States Code, is
amended by adding the following new subsection (o):
‘‘(o) Any claim for money damages for injury, loss
of liberty, loss of property, or personal injury or death
arising from malpractice or negligence of an officer or em-
ployee of a Federal Public Defender Organization in fur-
nishing representational services under section 3006A of
title 18, United States Code.’’.
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