[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2915 Enrolled Bill (ENR)]

        S.2915

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 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 2000''.
    (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. Disposition of miscellaneous fees.
Sec. 103. Increase in chapter 9 bankruptcy filing fee.
Sec. 104. Increase in fee for converting a chapter 7 or chapter 13 
          bankruptcy case to a chapter 11 bankruptcy case.
Sec. 105. Bankruptcy 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.
Sec. 210. Maximum amounts of compensation for attorneys.
Sec. 211. Reimbursement of expenses in defense of certain malpractice 
          actions.

 TITLE III--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

Sec. 301. Judicial administrative officials retirement matters.
Sec. 302. Applicability of leave provisions to employees of the 
          Sentencing Commission.
Sec. 303. Payments to military survivors benefits plan.
Sec. 304. Creation of certifying officers in the judicial branch.
Sec. 305. Amendment to the jury selection process.
Sec. 306. Authorization of a circuit executive for the Federal circuit.
Sec. 307. Residence of retired judges.
Sec. 308. Recall of judges on disability status.
Sec. 309. Personnel application and insurance programs relating to 
          judges of the Court of Federal Claims.
Sec. 310. Lump-sum payment for accumulated and accrued leave on 
          separation.
Sec. 311. Employment of personal assistants for handicapped employees.
Sec. 312. Mandatory retirement age for Director of the Federal Judicial 
          Center.
Sec. 313. Reauthorization of certain Supreme Court Police authority.

                   TITLE IV--FEDERAL PUBLIC DEFENDERS

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

                    TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Extensions relating to bankruptcy administrator program.
Sec. 502. Additional place of holding court in the district of Oregon.

               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 subsections 
    (g) through (k) as subsections (f) through (j), respectively;
        (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. DISPOSITION OF MISCELLANEOUS FEES.

    For fiscal year 2001 and each fiscal year thereafter, any portion 
of miscellaneous fees collected as prescribed by the Judicial 
Conference of the United States under 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, 2000, shall be deposited into 
the special fund of the Treasury established under section 1931 of 
title 28, United States Code.

SEC. 103. INCREASE IN CHAPTER 9 BANKRUPTCY FILING FEE.

    Section 1930(a)(2) of title 28, United States Code, is amended by 
striking ``$300'' and inserting ``equal to the fee specified in 
paragraph (3) for filing a case under chapter 11 of title 11. The 
amount by which the fee payable under this paragraph exceeds $300 shall 
be deposited in the fund established under section 1931 of this 
title''.
    SEC. 104. INCREASE IN FEE FOR CONVERTING A CHAPTER 7 OR CHAPTER 13 
      BANKRUPTCY CASE TO A CHAPTER 11 BANKRUPTCY CASE.
    The flush paragraph at the end of section 1930(a) of title 28, 
United States Code, is amended by striking ``$400'' and inserting ``the 
amount equal to the difference between the fee specified in paragraph 
(3) and the fee specified in paragraph (1)''.

SEC. 105. BANKRUPTCY FEES.

    Section 1930(a) of title 28, United States Code, is amended by 
adding at the end the following:
        ``(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.''.

                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 the appointment of such magistrate judge 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 the authority of such magistrate judge 
    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 under 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 under 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 under 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 that person 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 under this subsection shall be made to the 
    court of appeals in cases proceeding under subsection (c) of this 
    section. The appeal of any other order of contempt issued under 
    this section 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 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 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 
enactment of this Act.

SEC. 210. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.

     Section 3006A(d)(2) of title 18, United States Code, is amended--
        (1) in the first sentence--
            (A) by striking ``$3,500'' and inserting ``$5,200''; and
            (B) by striking ``$1,000'' and inserting ``$1,500'';
        (2) in the second sentence by striking ``$2,500'' and inserting 
    ``$3,700'';
        (3) in the third sentence--
            (A) by striking ``$750'' and inserting ``$1,200''; and
            (B) by striking ``$2,500'' and inserting ``$3,900'';
        (4) by inserting after the second sentence the following: ``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 judicial officer of the district court. 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 
    ``$1,200''.
    SEC. 211. REIMBURSEMENT OF EXPENSES IN DEFENSE OF CERTAIN 
      MALPRACTICE ACTIONS.
    Section 3006A(d)(1) of title 18, United States Code, is amended by 
striking the last sentence and inserting ``Attorneys may be reimbursed 
for expenses reasonably incurred, including the costs of transcripts 
authorized by the United States magistrate or the court, and the costs 
of defending actions alleging malpractice of counsel in furnishing 
representational services under this section. No reimbursement for 
expenses in defending against malpractice claims shall be made if a 
judgment of malpractice is rendered against the counsel furnishing 
representational services under this section. The United States 
magistrate or the court shall make determinations relating to 
reimbursement of expenses under this paragraph.''.

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. APPLICABILITY OF LEAVE PROVISIONS TO EMPLOYEES OF THE 
      SENTENCING COMMISSION.
    (a) In General.--Section 996(b) of title 28, United States Code, is 
amended by striking all after ``title 5,'' and inserting ``except the 
following: chapters 45 (Incentive Awards), 63 (Leave), 81 (Compensation 
for Work Injuries), 83 (Retirement), 85 (Unemployment Compensation), 87 
(Life Insurance), and 89 (Health Insurance), and subchapter VI of 
chapter 55 (Payment for accumulated and accrued leave).''.
    (b) Savings Provision.--Any leave that an individual accrued or 
accumulated (or that otherwise became available to such individual) 
under the leave system of the United States Sentencing Commission and 
that remains unused as of the date of the enactment of this Act shall, 
on and after such date, be treated as leave accrued or accumulated (or 
that otherwise became available to such individual) under chapter 63 of 
title 5, United States Code.

SEC. 303. 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. 304. 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:

``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) In general.--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) Liability.--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:
``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.--Section 604(a)(8) 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. 305. AMENDMENT TO THE JURY SELECTION PROCESS.

    Section 1865 of title 28, United States Code, is amended--
        (1) in subsection (a) by inserting ``or the clerk under 
    supervision of the court if the court's jury selection plan so 
    authorizes,'' after ``jury commission,''; and
        (2) in subsection (b) by inserting ``or the clerk if the 
    court's jury selection plan so provides,'' after ``may provide,''.
    SEC. 306. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR THE FEDERAL 
      CIRCUIT.
    Section 332 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(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 the duties specified in subsection (e) of 
this section, insofar as such duties 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)(4).
    ``(5) The court may appoint either a circuit executive under this 
subsection or a clerk under section 711 of this title, but not both, or 
may appoint a combined circuit executive/clerk who shall be paid the 
salary of a circuit executive.''.

SEC. 307. RESIDENCE OF RETIRED JUDGES.

    Section 175 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(c) Retired judges of the Court of Federal Claims are not subject 
to restrictions as to residence. The place where a retired judge 
maintains the actual abode in which such judge customarily lives shall 
be deemed to be the judge's official duty station for the purposes of 
section 456 of this title.''.

SEC. 308. RECALL OF JUDGES ON DISABILITY STATUS.

    Section 797(a) of title 28, United States Code, is amended--
        (1) by inserting ``(1)'' after ``(a)''; and
        (2) by adding at the end the following:
    ``(2) Any judge of the Court of Federal Claims receiving an annuity 
under section 178(c) of this title (pertaining to disability) who, in 
the estimation of the chief judge, has recovered sufficiently to render 
judicial service, shall be known and designated as a senior judge and 
may perform duties as a judge when recalled under subsection (b) of 
this section.''.
    SEC. 309. PERSONNEL APPLICATION AND INSURANCE PROGRAMS RELATING TO 
      JUDGES OF THE COURT OF FEDERAL CLAIMS.
    (a) In General.--Chapter 7 of title 28, United States Code, is 
amended by inserting after section 178 the following:

``Sec. 179. Personnel application and insurance programs

    ``(a) For purposes of construing and applying title 5, a judge of 
the United States Court of Federal Claims shall be deemed to be an 
`officer' under section 2104(a) of such title.
    ``(b)(1)(A) For purposes of construing and applying chapter 89 of 
title 5, a judge of the United States Court of Federal Claims who--
        ``(i) is retired under subsection (b) of section 178 of this 
    title, and
        ``(ii) at the time of becoming such a retired judge--
            ``(I) was enrolled in a health benefits plan under chapter 
        89 of title 5, but
            ``(II) did not satisfy the requirements of section 
        8905(b)(1) of title 5 (relating to eligibility to continue 
        enrollment as an annuitant),
shall be deemed to be an annuitant meeting the requirements of section 
8905(b)(1) of title 5, in accordance with the succeeding provisions of 
this paragraph, if the judge gives timely written notification to the 
chief judge of the court that the judge is willing to be called upon to 
perform judicial duties under section 178(d) of this title during the 
period of continued eligibility for enrollment, as described in 
subparagraph (B)(ii) or (C)(ii) (whichever applies).
    ``(B) Except as provided in subparagraph (C)--
        ``(i) in order to be eligible for continued enrollment under 
    this paragraph, notification under subparagraph (A) shall be made 
    before the first day of the open enrollment period preceding the 
    calendar year referred to in clause (ii)(II); and
        ``(ii) if such notification is timely made, the retired judge 
    shall be eligible for continued enrollment under this paragraph for 
    the period--
            ``(I) beginning on the date on which eligibility would 
        otherwise cease, and
            ``(II) ending on the last day of the calendar year next 
        beginning after the end of the open enrollment period referred 
        to in clause (i).
    ``(C) For purposes of applying this paragraph for the first time in 
the case of any particular judge--
        ``(i) subparagraph (B)(i) shall be applied by substituting `the 
    expiration of the term of office of the judge' for the matter 
    following `before'; and
        ``(ii)(I) if the term of office of such judge expires before 
    the first day of the open enrollment period referred to in 
    subparagraph (B)(i), the period of continued eligibility for 
    enrollment shall be as described in subparagraph (B)(ii); but
        ``(II) if the term of office of such judge expires on or after 
    the first day of the open enrollment period referred to in 
    subparagraph (B)(i), the period of continued eligibility shall not 
    end until the last day of the calendar year next beginning after 
    the end of the next full open enrollment period beginning after the 
    date on which the term expires.
    ``(2) In the event that a retired judge remains enrolled under 
chapter 89 of title 5 for a period of 5 consecutive years by virtue of 
paragraph (1) (taking into account only periods of coverage as an 
active judge immediately before retirement and as a retired judge 
pursuant to paragraph (1)), then, effective as of the day following the 
last day of that 5-year period--
        ``(A) the provisions of chapter 89 of title 5 shall be applied 
    as if such judge had satisfied the requirements of section 
    8905(b)(1) on the last day of such period; and
        ``(B) the provisions of paragraph (1) shall cease to apply.
    ``(3) For purposes of this subsection, the term `open enrollment 
period' refers to a period described in section 8905(g)(1) of title 5.
    ``(c) For purposes of construing and applying chapter 87 of title 
5, including any adjustment of insurance rates by regulation or 
otherwise, a judge of the United States Court of Federal Claims in 
regular active service or who is retired under section 178 of this 
title shall be deemed to be a judge of the United States described 
under section 8701(a)(5) of title 5.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 7 of title 28, United States Code, is amended by striking the 
item relating to section 179 and inserting the following:
``179. Personnel application and insurance programs.''.
    SEC. 310. LUMP-SUM PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE ON 
      SEPARATION.
    Section 5551(a) of title 5, United States Code, is amended in the 
first sentence by striking ``or elects'' and inserting ``, is 
transferred to a position described under section 6301(2)(B)(xiii) of 
this title, or elects''.
    SEC. 311. EMPLOYMENT OF PERSONAL ASSISTANTS FOR HANDICAPPED 
      EMPLOYEES.
    Section 3102(a)(1) of title 5, United States Code, is amended--
        (1) in subparagraph (A) by striking ``and'';
        (2) in subparagraph (B) by adding ``and'' after the semicolon; 
    and
        (3) by adding at the end the following:
            ``(C) an office, agency, or other establishment in the 
        judicial branch;''.
    SEC. 312. MANDATORY RETIREMENT AGE FOR DIRECTOR OF THE FEDERAL 
      JUDICIAL CENTER.
    (a) In General.--Section 627 of title 28, United States Code, is 
amended--
        (1) by striking subsection (a); and
        (2) by redesignating subsections (b) through (f) as subsections 
    (a) through (e), respectively.
    (b) Technical and Conforming Amendments.--Section 376 of title 28, 
United States Code, is amended--
        (1) in paragraph (1)(D) by striking ``subsection (b)'' and 
    inserting ``subsection (a)''; and
        (2) in paragraph (2)(D) by striking ``subsection (c) or (d)'' 
    and inserting ``subsection (b) or (c)''.
    SEC. 313. REAUTHORIZATION OF CERTAIN SUPREME COURT POLICE 
      AUTHORITY.
    Section 9(c) of the Act entitled ``An Act relating to the policing 
of the building and grounds of the Supreme Court of the United 
States'', approved August 18, 1949 (40 U.S.C. 13n(c)) is amended in the 
first sentence by striking ``2000'' and inserting ``2004''.

                   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.''.

                   TITLE V--MISCELLANEOUS PROVISIONS

    SEC. 501. EXTENSIONS RELATING TO BANKRUPTCY ADMINISTRATOR PROGRAM.
    Section 302(d)(3) of the Bankruptcy Judges, United States Trustees, 
and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note) is 
amended--
        (1) in subparagraph (A), in the matter following clause (ii), 
    by striking ``or October 1, 2002, whichever occurs first,''; and
        (2) in subparagraph (F)--
            (A) in clause (i)--
                (i) in subclause (II), by striking ``or October 1, 
            2002, whichever occurs first''; and
                (ii) in the matter following subclause (II)--

                    (I) by striking ``October 1, 2003, or''; and
                    (II) by striking ``, whichever occurs first''; and

            (B) in clause (ii), in the matter following subclause 
        (II)--
                (i) by striking ``October 1, 2003, or''; and
                (ii) by striking ``, whichever occurs first''.
    SEC. 502. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT OF 
      OREGON.
    Section 117 of title 28, United States Code, is amended by striking 
``Eugene'' and inserting ``Eugene or Springfield''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.