[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1752 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1752

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 1999

Mr. Coble (for himself and Mr. Berman) (both 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 1999''.
    (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. Judiciary Information Technology Fund.
Sec. 204. Bankruptcy fees.
Sec. 205. Disposition of miscellaneous fees.
Sec. 206. Repeal of statute setting Court of Federal Claims filing fee.
Sec. 207. Renumbering of Bankruptcy Court fee schedule.
Sec. 208. Increase in fee for converting a Chapter 7 or Chapter 13 
                            bankruptcy case to a Chapter 11 bankruptcy 
                            case.
Sec. 209. Increase in Chapter 9 Bankruptcy filing fee.
Sec. 210. Creation of certifying officers in the judicial branch.
Sec. 211. Fee authority for technology resources in the courts.
                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. Multidistrict Litigation.
Sec. 311. Membership in circuit judicial councils.
Sec. 312. Sunset of Civil Justice Expense and Delay Reduction Plans.
Sec. 313. Technical Bankruptcy Correction.
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. Deletion of automatic excuse from jury duty service for 
                            members of the armed services, members of 
                            fire and police departments, and public 
                            officers.
Sec. 407. Expanded Workers' Compensation coverage for jurors.
Sec. 408. Property damage, theft, and loss claims of jurors.
Sec. 409. Elimination of the public drawing requirements for selection 
                            of juror wheels.
Sec. 410. Annual leave limit for court unit executives.
Sec. 411. Payments to Military Survivor Benefit Plan.
Sec. 412. Authorization of a circuit executive for the Federal circuit.
Sec. 413. Amendment to the jury selection process.
Sec. 414. Supplemental attendance fee for petit jurors serving on 
                            lengthy trials.
                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. Sec. 3006A, or 21 U.S.C. Sec. 848(q) of 
                defendants 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. Sec. 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 Treasury Asset 
                Forfeiture Fund established by section 9703 of title 
                31, United States Code (hereafter referred to as `both 
                Funds'), which total amount 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) 
                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; (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; (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.
                    ``(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)'':
    ``(p) Transfer to the Federal Judiciary.--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. 
Sec. 3006A, or 21 U.S.C. Sec. 848(q)'' after ``courts of the United 
States.''.
    (d) 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. 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 this title except 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 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. 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'' 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. 204. 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. 205. DISPOSITION OF MISCELLANEOUS FEES.

    For fiscal year 2000 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 
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.

SEC. 206. REPEAL OF STATUTE SETTING 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. 207. RENUMBERING OF BANKRUPTCY COURT FEE SCHEDULE.

    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) is amended in the first sentence by 
striking ``for any service enumerated after item 18'' and inserting 
``for any fee implemented after November 21, 1989''.

SEC. 208. INCREASE IN FEE FOR CONVERTING A CHAPTER 7 OR CHAPTER 13 
              BANKRUPTCY CASE TO A CHAPTER 11 BANKRUPTCY CASE.

    (a) Conversion Fee Increase.--Section 1930(a) of title 28, United 
States Code, is amended by striking ``$400'' at the end of subsection 
(6) and inserting in lieu thereof: ``an amount equal to the difference 
between the filing fee paid under the original chapter and the amount 
of the filing fee prescribed in section 1930(a)(3) of title 28, for 
filing a case under chapter 11''.

SEC. 209. INCREASE IN CHAPTER 9 BANKRUPTCY FILING FEE.

    (a) Filing Fee Increase.--Section 1930(a)(2) of title 28, United 
States Code, is amended by striking ``$300'' and inserting in lieu 
thereof ``the same amount as the filing fee prescribed in section 
1930(a)(3) of title 28, for filing a case under chapter 11. Any portion 
of the fee exceeding $300 shall be deposited into the special fund of 
the Treasury established under section 1931 of title 28, United States 
Code''.

SEC. 210. 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 dispersing 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 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. These 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. 211. FEE AUTHORITY 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 use of 
information technology resources provided by the judiciary to improve 
the efficiency of and access to the courts. Fees collected pursuant to 
this section are to be deposited in the Judiciary Information 
Technology Fund to be available to the Director without fiscal year 
limitation for reinvestment in information technology resources which 
will advance the purposes of 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.''.

                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 
redesignating existing subsection (d) as subsection (e), and by adding 
a new subsection (d) as follows:
    ``(d) 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. Sec. 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 of 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 of 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. The 
bankruptcy administrator may serve as and perform the duties of a 
trustee 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. Sec. 636) 
is amended to read 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 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 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 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 
        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 set forth in 
        paragraphs (2) and (3) of this subsection 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 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 subsection (5) of this section, 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 subsection (5) of this 
                        subsection; 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 
                of 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 of 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 issued pursuant to this section 
        shall be made to the court of appeals in cases proceeding under 
        subsection (c) of this section. The appeal of any other order 
        to contempt issued pursuant to this section 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) Petty offense cases.--Section 3401(b) of title 28, 
        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 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 
                ``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 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 the second paragraph designated (24).

SEC. 308. 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 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 that follows ``there are authorized 
to be appropriated'' and inserting in lieu thereof ``for fiscal year 
2000 and each fiscal year thereafter such sums as may be necessary to 
carry out this Act.''.

SEC. 310. MULTIDISTRICT LITIGATION.

    (a) Section 1407 of title 28, United States Code, is amended--
            (1) in subsection (a) after ``terminated'' by inserting 
        ``or ordered transferred by the transferee judge to the 
        transferee or other district under subsection (i) of this 
        section''; and
            (2) by adding at the end the following new subsection:
    ``(i) Any action transferred under this section by the panel may be 
transferred by the transferee judge for trial purposes to the 
transferee or other district in the interest of justice and for the 
convenience of the parties and witnesses.''.
    (b) The amendments made by this section shall apply to any civil 
action pending on or after the date of enactment of this Act.

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 (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
            (2) 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,''.

SEC. 312. 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. 313. 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).''.

 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 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--
    ``(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--
            ``(A) 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
            ``(B) if such judicial service, continuous or otherwise, 
        aggregated less then 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 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 Service'' 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''; and
            (2) in subsections (c) and (d) by striking
        ``, United States Code,'' each place it appears.

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 Representatives,'' 
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) Implementation.--
            ``(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 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 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 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) 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 this section or one year after the date of 
the enactment of this Act.

SEC. 406. DELETION OF AUTOMATIC EXCUSE FROM JURY SERVICE FOR MEMBERS OF 
              THE ARMED SERVICES, MEMBERS OF FIRE AND POLICE 
              DEPARTMENTS, AND PUBLIC OFFICERS.

    (a) Section 1863 of title 28, United States Code, is amended by 
repealing subsection (b)(6) and redesignating subsequent subsections 
accordingly.
    (b) Conforming Amendment.--Section 1869 of title 28 United States 
Code, is amended by repealing subsection (i) and redesignating 
subsequent subsections accordingly.
    (c) Section 982 of title 10 United States Code, is amended--
            (1) by inserting the term ``Federal,'' in the title 
        immediately following the term ``service on''; and
            (2) by inserting the term ``Federal'' in subsection (a) 
        immediately following the term ``required to serve on a''.

SEC. 407. 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. 408. PROPERTY DAMAGE, THEFT, AND LOSS 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 employee's personal property claims. The Director 
shall prescribe guidelines for the consideration of claims under this 
subsection.''.

SEC. 409. ELIMINATION OF THE PUBLIC DRAWING REQUIREMENTS FOR SELECTION 
              OF JUROR WHEELS.

    (a) Section 1864(a) of title 28, United States Code, is amended--
            (1) by striking the term ``publicly'' from the first 
        sentence; and
            (2) by inserting the sentence ``The clerk or jury 
        commission shall post a general notice for public review in the 
        clerk's office explaining the process by which names are 
        periodically and randomly drawn.'' immediately following first 
        sentence.
    (b) Section 1866(a) of title 28, United States Code, is amended--
            (1) by striking the term ``publicly'' from the second 
        sentence; and
            (2) by inserting the sentence ``The clerk or jury 
        commission shall post a general notice for public review in the 
        clerk's office explaining the process by which names are 
        periodically and randomly drawn.'' immediately following the 
        second sentence.
    (c) Conforming Amendment.--Section 1869(k) of title 28, United 
States Code, is repealed.

SEC. 410. 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.''.

SEC. 411. PAYMENTS TO MILITARY SURVIVOR BENEFIT 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. 412. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR THE FEDERAL CIRCUIT.

    Section 332 of title 28, United States Code, is amended by 
inserting the following new subsection after subsection (g):
    ``(h)(1) The United States Court of Appeals for the Federal Circuit 
may appoint a circuit executive, who shall serve at the pleasure of the 
court. In appointing a circuit executive, the court shall take into 
account experience in administrative and executive positions, 
familiarity with court procedures, and special training. The circuit 
executive shall exercise such administrative powers and perform such 
duties as may be delegated by the court. The duties delegated to the 
circuit executive may include but need not be limited to the duties 
specified in subsection (e) of this section, insofar as they are 
applicable to the Court of Appeals for the Federal Circuit.
    ``(2) The circuit executive shall be paid the salary for circuit 
executives established under subsection (f) of this section.
    ``(3) The circuit executive may appoint, with the approval of the 
court, necessary employees in such number as may be approved by the 
Director of the Administrative Office of the United States Courts.
    ``(4) The circuit executive and staff shall be deemed to be 
officers and employees of the United States within the meaning of the 
statutes specified in subsection (f).
    ``(5) The court may appoint either a circuit executive or a clerk 
under section 711 of title 28, but not both, or may appoint a combined 
circuit executive/clerk who shall be paid the salary of a circuit 
executive.''.

SEC. 413. AMENDMENT TO THE JURY SELECTION PROCESS.

    (a) Section 1865 of title 28, United States Code, is amended--
            (1) in subsection (a) by inserting the phrase ``or the 
        clerk under supervision of the court if the court's jury 
        selection plan so authorizes,'' following the term ``jury 
        commission''; and
            (2) in subsection (b) by inserting the phrase ``or the 
        clerk if the court's jury selection plan so provides,'' 
        following the term ``may provide''.

SEC. 414. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON 
              LENGTHY TRIALS.

    Section 1871(b)(2) of title 28, United States Code, is amended by 
striking out ``thirty'' in each place it occurs, and inserting in lieu 
thereof ``five''.

                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 
                ``5,400'';
                    (B) by striking out ``1,000'' and inserting 
                ``1,600'';
            (2) in the second sentence by striking out ``2,500'' and 
        inserting ``3,900'';
            (3) in the third sentence--
                    (A) by striking out ``750'' and inserting 
                ``1,200'';
                    (B) by striking out ``2,500'' and inserting 
                ``3,900'';
            (4) by 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 ``1,200''.

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 ``500''; and
            (2) in subparagraph (B) by striking out ``300'' and 
        inserting ``500''.
    (b) Paragraph (3) of subsection (e) in the first sentence is 
amended by striking out ``1,000'' and inserting ``1,600''.

SEC. 503. TORT CLAIMS ACT AMENDMENTS RELATING TO LIABILITY OF FEDERAL 
              PUBLIC DEFENDERS.

    Section 2671 of title 28, United States Code, is amended in the 
second undersigned 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>