[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2294 Referred in Senate (RFS)]

  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 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 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.
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 Forfeiture 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 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 
        appropriations for defender services pursuant to section 
        3006A(f) of title 18; and
            ``(iii) supervision by United States probation officers of 
        offenders under home detention or other forms of confinement 
        outside of facilities of the Bureau of Prisons.
    ``(B) The amount to be transferred under subparagraph (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 (hereinafter referred to in this paragraph as `both 
        Funds'), which 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, except that--
                    ``(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 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; 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 expenses were incurred and 
        are not required to be specified in appropriations Acts.''.
    (b) Treasury Forfeiture Fund.--Section 9703 of title 31, United 
States Code, is amended--
            (1) by redesignating subsection (p) as subsection (q); and
            (2) by inserting after subsection (o) the following new 
        subsection:
    ``(p) Transfer to the Federal Judiciary.--In the fiscal year 
following the fiscal year in which this subsection 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 pursuant 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 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, shall be transferred to the fund established under section 1931 of 
this title, except that if the bankruptcy judge or magistrate judge 
elects under section 2(c) of the Retirement and Survivors' 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 interest on such 
contributions made on behalf of the bankruptcy judge or magistrate 
judge for service credited under this section may be transferred.''.

SEC. 103. EXTENSION OF JUDICIARY INFORMATION TECHNOLOGY FUND.

    Section 612 of title 28, United States Code, is amended--
            (1) by striking ``equipment'' each place it appears 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 inserting 
                ``under subsection (c)(1)(B)''.

SEC. 104. BANKRUPTCY FEES.

    Subsection (a) of section 1930 of title 28, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(7) In districts that are not part of a United States 
        trustee region as defined in section 581 of this title, the 
        Judicial Conference of the United States may require the debtor 
        in a case under 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. 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.

                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.

    Section 631 of title 28, United States Code, is amended--
            (1) by striking the first two sentences of subsection (a) 
        and inserting 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 Judicial 
        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 
        following: ``the Territory of Guam, the Commonwealth of the 
        Northern Mariana Islands,''.

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 authority as set forth in this subsection.
            ``(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 subsection (c) of this section, and in any 
        misdemeanor case proceeding before a magistrate judge under 
        section 3401 of title 18, the magistrate judge shall have the 
        power to punish by fine or imprisonment 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 
        proceeding 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 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 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 paragraph (5) of this 
                        subsection;
                            ``(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 
        paragraph an order requiring such person to appear before a 
        district judge upon a day certain to show cause why he or she 
        should not be adjudged in 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 subsection 
        shall be made to the court of appeals in cases proceeding under 
        subsection (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 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 striking ``that is a class B 
        misdemeanor charging a motor vehicle offense, a class C 
        misdemeanor, or an infraction,'' after ``petty offense''.
            (2) Cases involving juveniles.--Section 3401(g) of title 
        18, United States Code, is amended--
                    (A) by striking the first sentence and inserting 
                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) in the second sentence by striking ``any other 
                class B or C misdemeanor case'' and inserting ``the 
                case of any misdemeanor, other than a petty offense,''; 
                and
                    (C) by striking the last sentence.
    (b) Amendments to Title 28.--Section 636(a) of title 28, United 
States Code, is amended by striking paragraphs (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 REQUIREMENTS.

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

SEC. 205. PLACE OF HOLDING COURT IN THE EASTERN DISTRICT 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 adding 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''.

SEC. 206. 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; 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 necessary.''.

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 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 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 regular 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 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 enumerated after 
item 18'' and inserting ``service not of a kind described in any of the 
items enumerated as items 1 through 7 and as items 9 through 18, as in 
effect on November 21, 1989,''.
    (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 PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

SEC. 301. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF 
              ANNUITIES FOR TERRITORIAL 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 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 as follows:
    ``(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, continuous 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 otherwise, 
        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 aggregate 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 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 follows:
    ``(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 MATTERS.

    Section 625 of title 28, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``, United States Code,'';
                    (B) by striking ``pay rates, section 5316, title 5, 
                United States Code'' and inserting ``under section 5316 
                of title 5, except that the Director may fix the 
                compensation of 4 positions 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 reemployed 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 ``competitive 
                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
                    (B) by striking ``, section 5332, title 5'' and 
                inserting ``under section 5332 of title 5''.

SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT MATTERS.

    (a) Director of Administrative Office.--Section 611 of title 28, 
United States Code, is amended--
            (1) in subsection (d), 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 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
                    (B) by striking ``served less than fifteen years,'' 
                and inserting ``less than fifteen years of service,''.
    (b) Director of the Federal Judicial Center.--Section 627 of title 
28, United States Code, is amended--
            (1) in subsection (e), 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 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
                    (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:
``Sec. 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 firearms 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 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 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 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 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 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) 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 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 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 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 exempt.''.
    (b) Conforming Amendment.--Section 1869 if title 28, United States 
Code, is amended by repealing subsection (i).

SEC. 306. EXPANDED WORKERS' COMPENSATION COVERAGE FOR JURORS.

    Paragraph (2) of section 1877(b) of title 28, United States Code, 
is amended--
            (1) by striking ``or'' at the end of clause (C); and
            (2) by inserting before the period at the end of clause (D) 
        ``, or (E) traveling to or from the courthouse 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 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. 308. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECUTIVES.

    Section 6304(f)(1) of title 5, United States Code, is amended by 
adding at the end thereof the following:
            ``(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 amendments made by 
        this section shall take effect 180 days after the date of the 
        enactment of this Act.
            (2) Pending cases not affected.--This section 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 District of Pennsylvania.
            (3) Juries not affected.--This section and the amendments 
        made by this section shall not affect the composition, or 
        preclude the service, of any grand or petit jury summoned, 
        impaneled, or actually serving on the effective date of this 
        section.

SEC. 310. CREATION OF TWO DIVISIONS IN EASTERN DISTRICT OF LOUISIANA.

    (a) Creation of Two Divisions.--Section 98(a) of title 28, United 
States Code, is amended to read as follows:
    ``(a) The Eastern District comprises two divisions.
        ``(1) The New Orleans Division comprises the parishes of 
                Jefferson, Orleans, Plaquemines, Saint Bernard, Saint 
                Charles, Saint John the Baptist, Saint Tammany, 
                Tangipahoa, and Washington.
        ``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 amendments made by 
        this section shall take effect 180 days after the date of the 
        enactment of this Act.
            (2) Pending cases not affected.--This section 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 District of Louisiana.
            (3) Juries not affected.--This section and the amendments 
        made by this section shall not affect the composition, or 
        preclude the service, of any grand or petit jury summoned, 
        impaneled, or actually 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.
            (2) First vacancy not filled.--The first vacancy 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 judgeships authorized by subsection (a) of this 
section, the item relating to Florida in such table is amended to read 
as follows:

``Florida:
    Northern................................................         4 
    Middle..................................................        14 
    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, including such sums as may be necessary to provide 
appropriate space and facilities for the judicial positions created by 
this section.
    (e) Effective Date.--This section and the amendments made by this 
section shall take effect on the date of enactment of this Act.

SEC. 312. CHANGE IN COMPOSITION OF DIVISIONS IN WESTERN 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 amendments made by 
        this section shall take effect on the date of the enactment of 
        this Act.
            (2) Pending cases not affected.--This section 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 affect the composition, or 
        preclude the service, of any grand or petit jury summoned, 
        impaneled, or actually serving in the Western Judicial District 
        of Tennessee on the effective date of this section.

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 JUDICIAL 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:
``Sec. 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 disbursing officers in such numbers and locations as the 
Director considers necessary. Such disbursing officers shall--
            ``(1) disburse moneys appropriated to the judicial branch 
        and other funds only in strict accordance with payment requests 
        certified by the Director or in accordance with subsection (b);
            ``(2) examine payment requests as necessary to ascertain 
        whether they are in proper form, certified, and approved; and
            ``(3) be held accountable for their actions as provided by 
        law, except that such a disbursing officer shall not be held 
        accountable or responsible for any illegal, improper, or 
        incorrect payment resulting from any false, inaccurate, or 
        misleading certificate for which a certifying officer is 
        responsible under subsection (b).
    ``(b) Certifying Officers.--(1) The Director may designate in 
writing officers and employees of the judicial branch of the 
Government, including the courts as defined in section 610 other than 
the Supreme Court, to certify payment requests payable from 
appropriations and funds. Such certifying officers shall be responsible 
and accountable for--
            ``(A) the existence and correctness of the facts recited in 
        the certificate or other request for payment 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 certified 
        payment requests.
    ``(2) The liability of a certifying officer shall be enforced in 
the same manner and to the same extent as provided by law with respect 
to the enforcement of the liability of disbursing and other accountable 
officers. A certifying 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 decision by 
        the Comptroller General on any question of law involved in a 
        payment request presented for certification; 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 respect to moneys deposited 
with the courts under chapter 129 of this title.''.
    (b) Conforming Amendment.--The table of sections for chapter 41 of 
title 28, United States Code, is amended by adding at the end the 
following item:

``613. Disbursing and certifying officers.''.
    (c) Duties of Director.--Paragraph (8) of subsection (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 TECHNOLOGY RESOURCES IN THE 
              COURTS.

    (a) In General.--Chapter 41 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 614. Authority to prescribe fees for technology resources 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 resources available for the 
purposes set forth in this section. Such fees shall not be required of 
persons financially unable 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 limitation to be 
expended on information technology resources developed or acquired to 
advance the purposes set forth in this section.''.
    (b) Conforming Amendment.--The table of sections 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 following:

``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 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 ``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 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 last sentence by striking ``750'' and inserting 
        ``1,100''.

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 LIABILITY 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 inserting 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.