IIA
105TH CONGRESS
2D SESSION
H. R. 2294
IN THE SENATE OF THE UNITED STATES
MARCH 19, 1998
Received
MARCH 20, 1998
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 1998.’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I—JUDICIAL FINANCIAL ADMINISTRATION
Sec. 101. Reimbursement of judiciary for civil and criminal forfeiture expenses.
Sec. 102. Transfer of retirement funds.
Sec. 103. Extension of Judiciary Information Technology Fund.
Sec. 104. Bankruptcy fees.
Sec. 105. Disposition of miscellaneous fees.
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
juvenile defendants.
Sec. 204. Savings and loan data reporting requirements.
Sec. 205. Place of holding court in the Eastern District of Texas.
Sec. 206. Federal substance abuse treatment program reauthorization.
Sec. 207. Membership in circuit judicial councils.
Sec. 208. Sunset of civil justice expense and delay reduction plans.
Sec. 209. Repeal of Court of Federal Claims filing fee.
Sec. 210. Technical bankruptcy correction.
Sec. 211. Technical amendment relating to the treatment of certain bankruptcy
fees collected.
TITLE III—JUDICIAL 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. Exemption from jury service.
Sec. 306. Expanded workers’ compensation coverage for jurors.
Sec. 307. Property damage, theft, and loss claims of jurors.
Sec. 308. Annual leave limit for court unit executives.
Sec. 309. Transfer of county to Middle District of Pennsylvania.
Sec. 310. Creation of two divisions in Eastern District of Louisiana.
Sec. 311. District judges for the Florida district courts.
Sec. 312. Change in composition of divisions in Western District of Tennessee.
Sec. 313. Payments to military survivors benefits plan.
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Sec. 314. Creation of certifying officers in the judicial branch.
Sec. 315. Authority to prescribe fees for technology resources in the courts.
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 amendment relating to liability of Federal public
defenders.
TITLE I—JUDICIAL FINANCIAL
ADMINISTRATION
SEC. 101. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND
CRIMINAL FORFEITURE EXPENSES.
(a) TRANSFERS FROM JUSTICE AND TREASURY FOR-
FEITURE FUNDS.—Section 524(c) of title 28, United
States Code, is amended—
(1) by inserting after paragraph (11) the
following paragraph (12):
‘‘(12)(A) In the fiscal year following the fiscal year
in which this paragraph is enacted and in each fiscal year
thereafter, an amount as specified in subparagraph (B)
shall be transferred annually to the judiciary into the fund
established under section 1931 of this title, for expenses
incurred in—
‘‘(i) adjudication of civil and criminal forfeiture
proceedings that result in deposits into the Fund
(except the expense of salaries of judges);
‘‘(ii) representation, pursuant to the provisions
of section 3006A of title 18 or section 408(q) of the
Controlled Substances Act (21 U.S.C. 848(q)) of of-
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fenders whose assets have been seized in such for-
feiture proceedings, to the extent that such expenses
of representation could have been recovered through
an order for payment or for reimbursement of ap-
propriations for defender services pursuant to sec-
tion 3006A(f) of title 18; and
‘‘(iii) supervision by United States probation of-
ficers of offenders under home detention or other
forms of confinement outside of facilities of the Bu-
reau of Prisons.
‘‘(B) The amount to be transferred under subpara-
graph (A)—
‘‘(i) shall be a portion of the amount of the
combined fiscal year deposits into both the Fund
and the Department of the Treasury Forfeiture
Fund established by section 9703 of title 31 (herein-
after referred to in this paragraph as ‘both Funds’),
which shall not exceed the statement of costs in-
curred by the judiciary in providing the services
identified in subparagraph (A), as set forth by the
Director of the Administrative Office of the United
States Courts in a report to the Attorney General
and the Secretary of the Treasury no later than 90
days after the end of the fiscal year in which the ex-
penses were incurred, except that—
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‘‘(I) 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, whichever is less;
‘‘(II) the proportion of the amount trans-
ferred from the Fund to the total amount to be
transferred shall be equal to the proportion of
the fiscal year deposits into the Fund to the
combined fiscal year deposits in both Funds;
and
‘‘(III) the total amount to be 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; and
‘‘(ii) shall be paid from revenues deposited into
the Fund during the fiscal year in which the ex-
penses 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 follow-
ing new subsection:
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‘‘(p) TRANSFER TO THE FEDERAL JUDICIARY.—In
the fiscal year following the fiscal year in which this sub-
section is enacted and in each fiscal year thereafter, an
amount necessary to meet the requirements of section
524(c)(12) of title 28 shall be transferred to the judiciary,
subject to the limitations, terms, and conditions specified
in that section for such transfers.’’.
(c) 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. 102. 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, shall be transferred to the fund established under sec-
tion 1931 of this title, except that if the bankruptcy judge
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or magistrate judge elects under section 2(c) of the Retire-
ment and Survivors’ 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,
only the accrued employer contributions and accrued in-
terest on such contributions made on behalf of the bank-
ruptcy judge or magistrate judge for service credited
under this section may be transferred.’’.
SEC. 103. EXTENSION OF JUDICIARY INFORMATION TECH-
NOLOGY 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’’ each place it
appears 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. 104. BANKRUPTCY FEES.
Subsection (a) of section 1930 of title 28, United
States Code, is amended by adding at the end the follow-
ing 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) 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. 105. DISPOSITION OF MISCELLANEOUS FEES.
For fiscal year 1999 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
in effect on September 30, 1998, shall be deposited into
the special fund of the Treasury established under section
1931 of title 28, United States Code.
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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 Ju-
dicial 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 magistrate
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 following: ‘‘the Territory of Guam,
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the Commonwealth of the Northern Mariana Is-
lands,’’.
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) IN GENERAL.—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 contempt author-
ity 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 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 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 criminal contempt constituting disobedience or
resistance to the magistrate judge’s lawful writ,
process, order, rule, decree, or command. Disposition
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 provided for in paragraphs (2)
and (3) shall not exceed the penalties for a Class C
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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
such 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 or 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 pursuant to this subsection shall be made to
the court of appeals in cases proceeding under sub-
section (c) of this section. In any other proceeding
in which a United States magistrate judge presides
under subsection (a) or (b) of this section, section
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3401 of title 18, or any other statute, the appeal of
a magistrate judge’s summary contempt order shall
be made to the district court.’’.
SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN
PETTY OFFENSE CASES AND MAGISTRATE
JUDGE AUTHORITY IN MISDEMEANOR CASES
INVOLVING JUVENILE DEFENDANTS.
(a) AMENDMENTS TO TITLE 18.—
(1) PETTY OFFENSE CASES.—Section 3401(b)
of title 18, United States Code, is amended by strik-
ing ‘‘that is a class B misdemeanor charging a
motor vehicle offense, a class C misdemeanor, or an
infraction,’’ after ‘‘petty offense’’.
(2) CASES
INVOLVING
JUVENILES.—Section
3401(g) of title 18, United States Code, is amend-
ed—
(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
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(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 in the following:
‘‘(4) the power to enter a sentence for a petty
offense; and
‘‘(5) the power to enter a sentence for a class
A misdemeanor in a case in which the parties have
consented.’’.
SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIRE-
MENTS.
Section 604 of title 28, United States Code, is
amended in subsection (a) by striking the second para-
graph designated (24).
SEC. 205. 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 each amended by add-
ing before the period at the end of the last sentence the
following: ‘‘, and may be held anywhere within the Federal
courthouse in Texarkana that is located astride the State
line between Texas and Arkansas’’.
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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; 18 U.S.C. 3672 note) is
amended by striking all that follows ‘‘there are authorized
to be appropriated’’ and inserting ‘‘for fiscal year 1998
and each fiscal year thereafter such sums as may be nec-
essary.’’.
SEC. 207. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.
Section 332(a) of title 28, United States Code, is
amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) The chief judge of each judicial circuit shall call
and preside at a meeting of the judicial council of the cir-
cuit 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 regular
active service.’’;
(2) 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
(3) by striking ‘‘retirement,’’ in paragraph (5)
and inserting ‘‘retirement under 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. REPEAL OF COURT OF FEDERAL 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. 210. 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. 211. 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
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State, the Judiciary, and Related Agencies Appropriations
Act, 1990 (Public Law 101–162; 103 Stat. 1016; 28
U.S.C. 1931 note) is amended by striking ‘‘service enu-
merated 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,’’.
(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.
TITLE 
III—JUDICIAL 
PERSON-
NEL ADMINISTRATION, BENE-
FITS, AND PROTECTIONS
SEC. 301. DISABILITY RETIREMENT AND COST-OF-LIVING
ADJUSTMENTS OF ANNUITIES FOR TERRI-
TORIAL JUDGES.
Section 373 of title 28, United States Code, 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-
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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—
‘‘(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 than 15 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 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 five years, continuously or otherwise, and who retires
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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 15.’’; and
(3) by amending subsection (g) to read as fol-
lows:
‘‘(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,’’;
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(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 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,’’;
(B) by inserting a comma after ‘‘competi-
tive service’’; and
(C) by striking the comma after ‘‘such
title’’; and
(3) in subsection (d)—
(A) by striking ‘‘, United States Code,’’
each place it appears’’; and
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(B) by striking ‘‘, section 5332, title 5’’
and inserting ‘‘under section 5332 of title 5’’.
SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE-
MENT MATTERS.
(a) DIRECTOR OF ADMINISTRATIVE OFFICE.—Sec-
tion 611 of title 28, United States Code, is amended—
(1) in subsection (d), by inserting ‘‘a congres-
sional employee in the capacity of primary adminis-
trative assistant to a Member of Congress or in the
capacity of staff director or chief counsel for the ma-
jority or the minority of a committee or subcommit-
tee of the Senate or House of Representatives,’’
after ‘‘Congress,’’;
(2) in subsection (b)—
(A) by striking ‘‘who has served at least
fifteen years and’’ and inserting ‘‘who has at
least fifteen years of service and has’’; and
(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,’’; and
(3) in subsection (c)—
(A) by striking ‘‘served at least fifteen
years,’’ and inserting ‘‘at least fifteen years of
service,’’; and
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(B) by striking ‘‘served less than fifteen
years,’’ and inserting ‘‘less than fifteen years of
service,’’.
(b) DIRECTOR OF THE FEDERAL JUDICIAL CEN-
TER.—Section 627 of title 28, United States Code, is
amended—
(1) in subsection (e), by inserting ‘‘a congres-
sional employee in the capacity of primary adminis-
trative assistant to a Member of Congress or in the
capacity of staff director or chief counsel for the ma-
jority or the minority of a committee or subcommit-
tee of the Senate or House of Representatives,’’
after ‘‘Congress,’’;
(2) in subsection (c)—
(A) by striking ‘‘who has served at least
fifteen years and’’ and inserting ‘‘who has at
least fifteen years of service and has’’; and
(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,’’; and
(3) in subsection (d)—
(A) by striking ‘‘served at least fifteen
years,’’ and inserting ‘‘at least fifteen years of
service,’’; and
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(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 thereof the
following 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 to—
‘‘(1) those States in which the carrying of fire-
arms by judicial officers of the State is permitted by
State law; and
‘‘(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) 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
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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 the policy of the Marshals Service on the
carrying of firearms 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 in regular active service or re-
tired from regular active service;
‘‘(2) a justice or judge of the United States who
has retired from the judicial office under section
371(a) for—
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‘‘(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 District Court of Guam;
‘‘(7) a judge of the District Court for the
Northern Mariana Islands;
‘‘(8) a judge of the 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
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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
the amendments made by this section or one year after
the date of the enactment of this Act.
SEC. 305. 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 in active service in
the Armed Forces of the United States are barred
from jury service on the ground that they are ex-
empt.’’.
(b) CONFORMING AMENDMENT.—Section 1869 if
title 28, United States Code, is amended by repealing sub-
section (i).
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
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(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 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 employees’ personal
property claims. The Director shall prescribe guidelines
for the consideration of claims under this subsection.’’.
SEC. 308. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECU-
TIVES.
Section 6304(f)(1) of title 5, United States Code, is
amended by adding at the end thereof the following:
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‘‘(F) the judicial branch designated as a court
unit executive position by the Judicial Conference of
the United States.’’.
SEC. 309. TRANSFER OF COUNTY TO MIDDLE DISTRICT OF
PENNSYLVANIA.
(a) TRANSFER.—Section 118 of title 28, United
States Code, is amended—
(1) in subsection (a) by striking ‘‘Philadelphia,
and Schuylkill’’ and inserting ‘‘and Philadelphia’’;
and
(2) in subsection (b) by inserting ‘‘Schuylkill,’’
after ‘‘Potter,’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—This section and the amend-
ments made by this section shall take effect 180
days after the date of the enactment of this Act.
(2) PENDING CASES NOT AFFECTED.—This sec-
tion and the amendments made by this section shall
not affect any action commenced before the effective
date of this section and pending on such date in the
United States District Court for the Eastern Dis-
trict of Pennsylvania.
(3) JURIES NOT AFFECTED.—This section and
the amendments made by this section shall not af-
fect the composition, or preclude the service, of any
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grand or petit jury summoned, impaneled, or actu-
ally serving on the effective date of this section.
SEC. 310. CREATION OF TWO DIVISIONS IN EASTERN DIS-
TRICT OF LOUISIANA.
(a) CREATION OF TWO DIVISIONS.—Section 98(a) of
title 28, United States Code, is amended to read as fol-
lows:
‘‘(a) The Eastern District comprises two divisions.
‘‘(1) The New Orleans Division comprises the par-
ishes of Jefferson, Orleans, Plaquemines, Saint
Bernard, Saint Charles, Saint John the Bap-
tist, Saint Tammany, Tangipahoa, and Wash-
ington.
‘‘Court for the New Orleans Division shall be held
at New Orleans.
‘‘(2) The Houma Division comprises the parishes of
Assumption, Lafourche, Saint James, and
Terrebonne.
‘‘Court for the Houma Division shall be held at
Houma.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—This section and the amend-
ments made by this section shall take effect 180
days after the date of the enactment of this Act.
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(2) PENDING CASES NOT AFFECTED.—This sec-
tion and the amendments made by this section shall
not affect any action commenced before the effective
date of this section and pending on such date in the
United States District Court for the Eastern Dis-
trict of Louisiana.
(3) JURIES NOT AFFECTED.—This section and
the amendments made by this section shall not af-
fect the composition, or preclude the service, of any
grand or petit jury summoned, impaneled, or actu-
ally serving on the effective date of this section.
SEC. 311. DISTRICT JUDGES FOR THE FLORIDA DISTRICT
COURTS.
(a) IN GENERAL.—The President shall appoint, by
and with the advice and consent of the Senate—
(1) 3 additional district judges for the middle
district of Florida; and
(2) 2 additional district judges for the southern
district of Florida.
(b) TEMPORARY JUDGESHIP.—
(1) IN GENERAL.—The President shall appoint,
by and with the advice and consent of the Senate,
1 additional district judge for the middle district of
Florida.
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(2) FIRST VACANCY NOT FILLED.—The first va-
cancy in the office of district judge in the middle
district of Florida, occurring 7 years or more after
the confirmation date of the last judge named to fill
the judgeships created by subsection (a) and this
subsection for the middle district of Florida, shall
not be filled.
(c) TABLES.—In order that the table contained in
section 133 of title 28, United States Code, reflects the
changes in the total number of permanent district judge-
ships authorized by subsection (a) of this section, the item
relating to Florida in such table is amended to read as
follows:
‘‘Florida:
Northern ...........................................................................................
Middle ...............................................................................................
Southern ............................................................................................
18’’.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section, in-
cluding such sums as may be necessary to provide appro-
priate space and facilities for the judicial positions created
by this section.
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date
of enactment of this Act.
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SEC. 312. CHANGE IN COMPOSITION OF DIVISIONS IN WEST-
ERN DISTRICT OF TENNESSEE.
(a) IN GENERAL.—Section 123(c) of title 28, United
States Code, is amended—
(1) in paragraph (1) by inserting ‘‘Dyer,’’ after
‘‘Decatur,’’; and
(2) in paragraph (2) by striking ‘‘Dyer,’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—This section and the amend-
ments made by this section shall take effect on the
date of the enactment of this Act.
(2) PENDING CASES NOT AFFECTED.—This sec-
tion and the amendments made by this section shall
not affect any action commenced before the effective
date of this section and pending in the United
States District Court for the Western District of
Tennessee on such date.
(3) JURIES NOT AFFECTED.—This section and
the amendments made by this section shall not af-
fect the composition, or preclude the service, of any
grand or petit jury summoned, impaneled, or actu-
ally serving in the Western Judicial District of Ten-
nessee on the effective date of this section.
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SEC. 313. PAYMENTS TO MILITARY SURVIVORS BENEFITS
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. 314. 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 disbursing 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 that such a disbursing offi-
cer 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.
Such 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 certify-
ing 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 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. 315. AUTHORITY TO PRESCRIBE FEES FOR TECH-
NOLOGY RESOURCES IN THE COURTS.
(a) IN GENERAL.—Chapter 41 of title 28, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 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 collection by the courts for use of
information technology resources provided by the judiciary
for remote access to the courthouse by litigants and the
public, and to facilitate the electronic presentation of
cases. Fees under this section may be collected only to
cover the costs of making such information technology re-
sources available for the purposes set forth in this section.
Such fees shall not be required of persons financially un-
able to pay them. All fees collected under this section shall
be deposited in the Judiciary Information Technology
Fund and be available to the Director without fiscal year
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limitation to be expended on information technology re-
sources developed or acquired to advance the purposes set
forth in 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.’’.
(c) TECHNICAL AMENDMENT.—Chapter 123 of title
28, United States Code, is amended—
(1) by redesignating the section 1932 entitled
‘‘Revocation of earned release credit’’ as section
1933 and placing it after the section 1932 entitled
‘‘Judicial Panel on Multidistrict Litigation’’; and
(2) in the table of sections by striking the 2
items relating to section 1932 and inserting the fol-
lowing:
‘‘1932. Judicial Panel on Multidistrict Litigation.
‘‘1933. Revocation of earned release credit.’’.
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—
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(A) by striking ‘‘3,500’’ and inserting
‘‘5,000’’; and
(B) by striking ‘‘1,000’’ and inserting
‘‘1,500’’;
(2) in the second sentence by striking ‘‘2,500’’
and inserting ‘‘3,600’’;
(3) in the third sentence—
(A) by striking ‘‘750’’ and inserting
‘‘1,100’’; and
(B) by striking ‘‘2,500’’ and inserting
‘‘3,600’’;
(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 United
States magistrate or the district court, or both. For
representation 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 last sentence by striking ‘‘750’’ and
inserting ‘‘1,100’’.
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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 ‘‘450’’; and
(B) in subparagraph (B) by striking ‘‘300’’
and inserting ‘‘450’’; and
(2) in paragraph (3) in the first sentence by
striking ‘‘1,000’’ and inserting ‘‘1,500’’.
SEC. 403. TORT CLAIMS ACT AMENDMENT RELATING TO LI-
ABILITY OF FEDERAL PUBLIC DEFENDERS.
Section 2671 of title 28, United States Code, is
amended in the second undesignated 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.’’.
Passed the House of Representatives March 18,
1998.
Attest:
ROBIN H. CARLE,
Clerk.