[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2294 Introduced in House (IH)]







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 Representatives 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:

        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 magistrate 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 
                            communications.
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 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 bankruptcy 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 objection is not 
filed, the proposed findings of fact and conclusions of law submitted 
by the bankruptcy judge shall become final and the bankruptcy judge 
shall enter an appropriate 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 following 
        paragraph (12):
            ``(12)(A) In the fiscal year subsequent to the fiscal year 
        in which this Act is enacted and each fiscal year thereafter, 
        an amount as specified in subparagraph (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 forfeiture 
                proceedings that result in deposits into the Fund 
                (except the expense of salaries of judges);
                    ``(ii) representation, pursuant to the provisions 
                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 reimbursement of the Defender 
                Services appropriation pursuant to 18 U.S.C. 3006A(f); 
                and
                    ``(iii) supervision by United States probation 
                officers of offenders under home detention or other 
                forms of confinement outside of Bureau 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 Department of the Treasury Asset 
                Forfeiture Fund established by section 9703 of title 
                31, United States Code (hereafter referred to as `both 
                Funds'), which total shall not exceed the statement of 
                costs incurred 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 
                expenses 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, whichever is less: Provided 
                further, That 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: 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 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 limitations, 
        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 inserting ``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 magistrate 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 Retirement and Survivor's Annuities for Bankruptcy Judges 
and Magistrates Act of 1988, Public Law No. 100-659, to receive a 
retirement annuity under both this section and title 5, United States 
Code, only the accrued 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. 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:
``Sec. 336. Judicial Conference Foundation
    ``(a) There is established a private nonprofit corporation which 
shall be known as the Judicial Conference Foundation (hereafter 
referred to as the `Foundation') and which shall be incorporated in the 
District of Columbia. 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 administer or 
otherwise determine the use of gifts or grants accepted under this 
section.
    ``(b) The business of the Foundation shall be conducted by a Board 
that shall have seven members, including 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 regular 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 Administrative Office of the 
United States Courts (the `Administrative Office'), shall be reimbursed 
for actual and necessary expenses incurred in the performance of their 
official duties from funds available to the judiciary for salaries and 
expenses or by the Foundation. The Administrative Office may provide 
administrative support and facilities necessary 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 
expended.
    ``(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.
    ``(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 redesignating each 
        subsequent subsection accordingly; and
            (4) in new subsection (g) by striking out subsection (3).

SEC. 205. BANKRUPTCY FEES.

    Subsection (a) of section 1930 of title 28, United States Code, is 
amended by adding the following new subsection:
            ``(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 chapter 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 established under section 1931 of 
this title and shall remain 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 
established 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 RETIREMENT 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 removed 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 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 District 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 ESTABLISHED IN THE DISTRICT COURTS OF 
              GUAM AND THE NORTHERN MARIANA ISLANDS.

    Section 631 of title 28, United States Code, is amended--
            (1) by striking the first two sentences of subsection (a) 
        and inserting in lieu thereof the following: ``The judges of 
        each United States district court and the district courts of 
        the Virgin Islands, Guam, and the Northern Mariana Islands 
        shall appoint United States magistrate judges in such numbers 
        and to serve at such locations within the judicial districts as 
        the Conference may determine under this chapter. In the case of 
        a magistrate judge appointed by the 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 paragraph (1) of 
        subsection (b) after ``Commonwealth of Puerto Rico,'' the 
        language ``the Territory of Guam, the Commonwealth of the 
        Northern Mariana Islands,''.

SEC. 304. BANKRUPTCY ADMINISTRATOR AUTHORITY TO APPOINT TRUSTEES, 
              EXAMINERS AND COMMITTEE OF CREDITORS.

    (a) Appointment of Trustees.--Until the amendments 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 district and 
apply to a case, a bankruptcy administrator appointed to serve in the 
district pursuant to section 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 to appointments by the court.
    (b) Standing Trustees.--A bankruptcy administrator who has 
appointed a standing trustee pursuant to subsection (a) of this section 
shall fix the standing trustee'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 administrator shall fix the maximum annual compensation 
and percentage fee notwithstanding the references in those sections of 
title 11 to the court's authority to fix them.
    (c) Service as Trustee.--A bankruptcy administrator may serve as 
and perform the duties of a trustee in a case under chapter 7 of title 
11 if none of the members of the panel of private trustees is 
disinterested and willing to serve as trustee in the case. A bankruptcy 
administrator 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.
    (d) Appointment of Committees.--Until the amendments made by 
subtitle A of title II of the Bankruptcy Judges, United States Trustees 
and Family Farmer 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 committees of creditors and 
equity security holders provided in section 1102 of title 11. The 
bankruptcy administrator shall appoint the committees notwithstanding 
the references 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 contempt authority as set forth in this section.
            ``(2) Summary criminal contempt authority.--A magistrate 
        judge shall have the power to punish summarily by fine or 
        imprisonment such contempt of his or her authority constituting 
        misbehavior of any person in the magistrate judge's presence so 
        as to obstruct the administration of justice. The order of 
        contempt shall be issued pursuant to the Federal Rules of 
        Criminal Procedure.
            ``(3) Additional criminal 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 before a magistrate judge under 18 U.S.C. 3401, the 
        magistrate judge shall have the power to punish by fine or 
        imprisonment such 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 
        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 
        may exercise the civil contempt authority of the district 
        court. This subsection 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 
        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 magistrate judge under 18 
                U.S.C. 3401, 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 28 
                U.S.C. 636(a) or (b), or any other statute, where--
                            ``(i) the act committed in the magistrate 
                        judge's presence 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
                            ``(ii) the act that constitutes a criminal 
                        contempt occurs outside the presence of the 
                        magistrate judge, or
                            ``(iii) the act constitutes a civil 
                        contempt,
                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 evidence 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.
            ``(7) Appeals of magistrate judge contempt orders.--The 
        appeal of an order of contempt 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 misdemeanor charging a 
        motor vehicle offense, a class C misdemeanor, or an 
        infraction,'' after ``petty offense''.
            (2) Section 3401(g) of title 18, United States Code, is 
        amended--
                    (A) by striking the first sentence and inserting in 
                lieu thereof the following: ``The magistrate judge may, 
                in a petty offense case involving a juvenile, exercise 
                all powers granted to 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 REQUIREMENTS.

    Section 604 of title 28, United States Code, is amended in 
subsection (a) by striking out the second number paragraph (24).

SEC. 308. PLACE OF HOLDING COURT IN THE EASTERN DISTRICT 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 PROGRAM REAUTHORIZATION.

    Section 4(a) of the Contract Services for Drug Dependent 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 
appropriated'' and inserting in lieu thereof ``for fiscal year 1998 and 
each fiscal year thereafter such sums as may be necessary 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 inserting ``United 
        States Department of Justice'';
            (2) by striking ``Director of the Administrative Office of 
        the United States Courts'' each place it appears and inserting 
        ``Attorney General of the United States''; and
            (3) by striking ``Administrative Office'' each place it 
        appears and inserting ``United States Department 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 regular 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 retired 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 pursuant to section 
        371(a) or section 372(a) of this title,''.

 TITLE IV--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, 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 inserting 
                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 retirement under 
        subsection (b)(1) are as follows:

``Attained age:                                       Years of Service:
        60.....................................................     20 
        61.....................................................     19 
        62.....................................................     18 
        63.....................................................     17 
        64.....................................................     16 
        65.....................................................     15 
        66.....................................................     14 
        67.....................................................     13 
        68.....................................................     12 
        69.....................................................     11 
        70.....................................................   10''.

SEC. 402. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF 
              ANNUITIES FOR TERRITORIAL JUDGES.

    Section 373 of title 28, is amended--
            (1) by amending subparagraph (c)(4) to read--
            ``(4) Any senior judge performing judicial duties pursuant 
        to recall under paragraph (2) of this subsection shall be paid, 
        while performing such duties, 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, (i) if the judicial service of such judge, continuous 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 (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 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 MATTERS.

    Section 625(b) of title 28 is amended--
            (1) by inserting after ``section 5316, title 5, United 
        States Code'' the following: ``, except the Director 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 RETIREMENT 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 assistant to a 
                Member of Congress or in the capacity of staff director 
                or chief counsel for the majority or the minority of a 
                committee or subcommittee of the Senate or House of 
                Representative,'' after ``Congress,'';
                    (B) in paragraph (b), by striking out ``who has 
                served at least fifteen years and'' and inserting 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 fifteen 
                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:
``Sec. 464. Carrying of firearms by judicial officers
    ``(a) 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 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 officer'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 Service policy on the carrying of firearms by 
        persons receiving 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 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 justice's or 
                judge's retirement; or
                    ``(B) a longer period of time if approved by the 
                Judicial Conference of the United States when 
                exceptional circumstances warrant;
            ``(3) a United States bankruptcy judge;
            ``(4) a full-time or part-time United States magistrate 
        judge;
            ``(5) a judge of the United States Court of Federal 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) 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 promulgation 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 barred from service on 
        the ground that they are exempt.''.
    (b) Conforming Amendment.--Section 1869 of title 28, United States 
Code, is amended by repealing subsection (i) and redesignating 
subsequent subsections accordingly.

SEC. 407. EXPANDED WORKERS' COMPENSATION COVERAGE FOR JURORS.

    (a) Workers' Compensation Coverage.--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 ``, or (E) traveling to or from the 
        courthouse pursuant to a jury summons or sequestration 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 summoned 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. 409. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECUTIVES.

    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 ATTORNEYS.

    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'';
                    (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 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 final sentence by striking out ``750'' and 
        inserting ``1,100''.

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 sentence 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 employee of a Federal Public Defender 
Organization in furnishing representational services under section 
3006A of title 18, United States Code.''.
                                 <all>