[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2516 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2516

To make improvements in the operation and administration of the Federal 
                    courts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 1998

  Mr. Grassley (for himself and Mr. Durbin) introduced the following 
    bill; which was read twice and 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 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. Extension of Judiciary Information Technology Fund.
Sec. 102. Bankruptcy fees.
Sec. 103. 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. Membership in circuit judicial councils.
Sec. 206. Sunset of civil justice expense and delay reduction plans.
Sec. 207. Repeal of Court of Federal Claims filing fee.
Sec. 208. Technical bankruptcy correction.
Sec. 209. Technical amendment relating to the treatment of certain 
                            bankruptcy fees collected.
TITLE III--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

Sec. 301. Judicial administrative officials retirement matters.
Sec. 302. Travel expenses of judges.
Sec. 303. Transfer of county to Middle District of Pennsylvania.
Sec. 304. Payments to military survivors benefits plan.
Sec. 305. Creation of certifying officers in the judicial branch.
Sec. 306. Authority to prescribe fees for technology resources in the 
                            courts.
                   TITLE IV--FEDERAL PUBLIC DEFENDERS

Sec. 401. Tort Claims Act amendment relating to liability of Federal 
                            public defenders.

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

SEC. 101. 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. 102. 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. 103. 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. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

    Section 332(a) of title 28, United States Code, is amended--
            (1) 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. 
Service as a member of a judicial council by a judge retired from 
regular active service under section 371(b) may not be considered for 
meeting the requirements of section 371(f) (1)(A), (B), or (C).''; and
            (2) in paragraph (5) by striking ``retirement,'' and 
        inserting ``retirement under section 371(a) or section 372(a) 
        of this title,''.

SEC. 206. 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. 207. 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. 208. 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. 209. 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. 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. 302. TRAVEL EXPENSES OF JUDGES.

    Section 456 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h)(1) In this subsection, the term `travel expenses'--
            ``(A) means the expenses incurred by a judge for travel 
        that is not directly related to any case assigned to such 
        judge; and
            ``(B) shall not include the travel expenses of a judge if--
                    ``(i) the payment for the travel expenses is paid 
                by such judge from the personal funds of such judge; 
                and
                    ``(ii) such judge does not receive funds (including 
                reimbursement) from the United States or any other 
                person or entity for the payment of such travel 
                expenses.
    ``(2)(A) Each circuit judge of a court of appeals shall annually 
submit the information required under paragraph (3) to the chief judge 
for the circuit in which the judge is assigned.
    ``(B) Each district judge shall annually submit the information 
required under paragraph (3) to the chief judge for the district in 
which the judge is assigned.
    ``(3)(A) Each chief judge of each circuit and each district shall 
submit an annual report to the Director of the Administrative Office of 
the United States Courts on the travel expenses of each judge assigned 
to the applicable circuit or district (including the travel expenses of 
the chief judge of such circuit or district).
    ``(B) The annual report under this paragraph shall include--
            ``(i) the travel expenses of each judge, with the name of 
        the judge to whom the travel expenses apply;
            ``(ii) a description of the subject matter and purpose of 
        the travel relating to each travel expense identified under 
        clause (i), with the name of the judge to whom the travel 
        applies; and
            ``(iii) the number of days of each travel described under 
        clause (ii), with the name of the judge to whom the travel 
        applies.
    ``(4)(A) The Director of the Administrative Office of the United 
States Courts shall--
            ``(i) consolidate the reports submitted under paragraph (3) 
        into a single report; and
            ``(ii) annually submit such consolidated report to 
        Congress.
    ``(B) The consolidated report submitted under this paragraph shall 
include the specific information required under paragraph (3)(B), 
including the name of each judge with respect to clauses (i), (ii), and 
(iii) of paragraph (3)(B).''.

SEC. 303. 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. 304. 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. 305. 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) Rule of Construction.--The amendment made by subsection (a) 
shall not be construed to authorize the hiring of any Federal officer 
or employee.
    (d) 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. 306. 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--FEDERAL PUBLIC DEFENDERS

SEC. 401. 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.''.
                                 <all>