[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2915 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2915

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2000

Mr. Grassley (for himself and Mr. Torricelli) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Courts 
Improvement Act of 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. Reimbursement of judiciary for civil and criminal forfeiture 
                            expenses.
Sec. 104. Transfer of retirement funds.
Sec. 105. Increase in chapter 9 bankruptcy filing fee.
Sec. 106. Increase in fee for converting a chapter 7 or chapter 13 
                            bankruptcy case to a chapter 11 bankruptcy 
                            case.
Sec. 107. 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. Authority to prescribe fees for technology resources in the 
                            courts.
Sec. 306. Amendment to the jury selection process.
Sec. 307. Authorization of a circuit executive for the Federal circuit.
Sec. 308. Residence of retired judges.
Sec. 309. Recall of judges on disability status.
Sec. 310. Personnel application and insurance programs relating to 
                            judges of the Court of Federal Claims.
Sec. 311. Lump-sum payment for accumulated and accrued leave on 
                            separation.
Sec. 312. Employment of personal assistants for handicapped employees.
Sec. 313. Mandatory retirement age for director of the Federal judicial 
                            center.
                   TITLE IV--FEDERAL PUBLIC DEFENDERS

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

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

SEC. 101. EXTENSION OF JUDICIARY INFORMATION TECHNOLOGY FUND.

    Section 612 of title 28, United States Code, is amended--
            (1) by striking ``equipment'' each place it appears and 
        inserting ``resources'';
            (2) by striking subsection (f) and redesignating 
        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. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND CRIMINAL FORFEITURE 
              EXPENSES.

    (a) Transfer of Funds.--Section 524(c) of title 28, United States 
Code, is amended--
            (1) by inserting after paragraph (11) the following:
            ``(12)(A) In the fiscal year subsequent to the fiscal year 
        in which this paragraph is enacted, and in each fiscal year 
        thereafter, an amount as specified in subparagraph (B) shall be 
        transferred annually to the judiciary into the fund established 
        under section 1931 of this title, for expenses incurred in--
                    ``(i) adjudication of civil and criminal forfeiture 
                proceedings that result in deposits into the Fund 
                (except the expense of salaries of judges);
                    ``(ii) representation, under the provisions of 
                section 3006A of title 18 or section 408(q) of the 
                Controlled Substances Act (21 U.S.C. 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 under section 
                3006A(f) of title 18; and
                    ``(iii) supervision by United States probation 
                officers of offenders under home detention or other 
                forms of confinement outside of Bureau of Prison 
                facilities.
            ``(B) The amount to be transferred under subparagraph (A)--
                    ``(i) shall be an amount 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 (hereafter referred to as `both 
                Funds'), which 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) the total amount to be transferred 
                        from both Funds shall not exceed $50,000,000, 
                        or 10 percent of the total combined deposits 
                        into both Funds, whichever is less;
                            ``(II) the proportion of the amount 
                        transferred from the Fund to the total amount 
                        to be transferred shall be equal to the 
                        proportion of the fiscal year deposits into the 
                        Fund to the combined fiscal year deposits in 
                        both Funds; and
                            ``(III) the total amount to be transferred 
                        from both Funds may exceed the limits set out 
                        in this subparagraph subject to the discretion 
                        of the Attorney General and the Secretary of 
                        the Treasury; and
                    ``(ii) shall be paid from revenues deposited into 
                the Fund during the fiscal year in which the expenses 
                were incurred and are not required to be specified in 
                appropriations Acts.''.
    (b) Treasury Forfeiture Fund.--Section 9703 of title 31, United 
States Code, is amended--
            (1) by redesignating subsection (p) as subsection (q); and
            (2) by inserting after subsection (o) the following:
    ``(p) Transfer to the Federal Judiciary.--In the fiscal year 
subsequent to the fiscal year in which this subsection is enacted, and 
in each fiscal year thereafter, an amount necessary to meet the 
transfer requirements of section 524(c)(12) of title 28 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) Conforming Amendment.--Section 1931(a) of title 28, United 
States Code, is amended by inserting ``or other judicial services, 
including services provided under 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. 104. TRANSFER OF RETIREMENT FUNDS.

    Section 377 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(p) Transfer of Retirement Funds.--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 under section 
8348 of title 5 shall be transferred to the fund established under 
section 1931 of this title, except that if the bankruptcy judge or 
magistrate judge elects under section 2(c) of the Retirement and 
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, 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. 105. 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. 106. 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. 107. 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 in the following:
            ``(4) the power to enter a sentence for a petty offense; 
        and
            ``(5) the power to enter a sentence for a class A 
        misdemeanor in a case in which the parties have consented.''.

SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIREMENTS.

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

SEC. 205. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

    Section 332(a) of title 28, United States Code, is amended--
            (1) by striking paragraph (3) and inserting the following:
    ``(3) Except for the chief judge of the circuit, either judges in 
regular active service or judges retired from regular active service 
under section 371(b) of this title may serve as members of the council. 
Service as a member of a judicial council by a judge retired from 
regular active service under section 371(b) may not be considered for 
meeting the requirements of section 371(f)(1) (A), (B), or (C).''; and
            (2) in paragraph (5) by striking ``retirement,'' and 
        inserting ``retirement under section 371(a) or 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. AUTHORITY TO PRESCRIBE FEES FOR TECHNOLOGY RESOURCES IN THE 
              COURTS.

    (a) In General.--Chapter 41 of title 28, United States Code, (as 
amended by this Act) 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 under sections 1913, 1914, 1926, 1930, and 1932, for collection by 
the courts for use of information technology resources provided by the 
judiciary for remote access to the courthouse by litigants and the 
public, and to facilitate the electronic presentation of cases. Fees 
under this section may be collected only to cover the costs of making 
such information technology resources available for the purposes set 
forth in this section. Such fees shall not be required of persons 
financially unable to pay them. All fees collected under this section 
shall be deposited in the Judiciary Information Technology Fund and be 
available to the Director without fiscal year limitation to be expended 
on information technology resources developed or acquired to advance 
the purposes set forth in this section.''.
    (b) Conforming Amendment.--The table of sections for chapter 41 of 
title 28, United States Code, is amended by adding at the end the 
following:

``614. Authority to prescribe fees for technology resources in the 
                            courts.''.
    (c) Technical Amendment.--Chapter 123 of title 28, United States 
Code, is amended--
            (1) by redesignating the section 1932 entitled ``Revocation 
        of earned release credit'' as section 1933 and placing it after 
        the section 1932 entitled ``Judicial Panel on Multidistrict 
        Litigation''; and
            (2) in the table of sections by striking the 2 items 
        relating to section 1932 and inserting the following:

``1932. Judicial Panel on Multidistrict Litigation.
``1933. Revocation of earned release credit.''.

SEC. 306. 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. 307. 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. 308. 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. 309. 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. 310. 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) For purposes of construing and applying chapter 89 of title 
5, a judge of the United States Court of Federal Claims who--
            ``(1) is retired under section 178(a) or (b) of this title 
        and performs recall service under section 178(d) of this title; 
        and
            ``(2) was enrolled in a health benefits plan under chapter 
        89 of title 5 at the time the judge became a retired judge,
shall be deemed to be an annuitant meeting the requirements of section 
8905(b)(1) of title 5, notwithstanding the length of enrollment prior 
to the date of retirement.
    ``(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. 311. 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)(xiii) of this 
title, or elects''.

SEC. 312. 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. 313. 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)''.

                   TITLE IV--FEDERAL PUBLIC DEFENDERS

SEC. 401. TORT CLAIMS ACT AMENDMENT RELATING TO LIABILITY OF FEDERAL 
              PUBLIC DEFENDERS.

    Section 2671 of title 28, United States Code, is amended in the 
second undesignated paragraph--
            (1) by inserting ``(1)'' after ``includes''; and
            (2) by striking the period at the end and inserting the 
        following: ``, and (2) any officer or employee of a Federal 
        public defender organization, except when such officer or 
        employee performs professional services in the course of 
        providing representation under section 3006A of title 18.''.
                                 <all>