[Congressional Record Volume 144, Number 30 (Wednesday, March 18, 1998)]
[House]
[Pages H1247-H1254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FEDERAL COURTS IMPROVEMENT ACT OF 1998

  Mr. COBLE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2294) to make improvements in the operation and administration of 
the Federal courts, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 2294

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Courts Improvement Act of 1998.''
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title and table of contents.

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

Sec. 101. Reimbursement of judiciary for civil and criminal forfeiture 
              expenses.

[[Page H1248]]

Sec. 102. Transfer of retirement funds.
Sec. 103. Extension of Judiciary Information Technology Fund.
Sec. 104. Bankruptcy fees.
Sec. 105. Disposition of miscellaneous fees.

                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

Sec. 201. Extension of statutory authority for magistrate judge 
              positions to be established in the district courts of 
              Guam and the Northern Mariana Islands.
Sec. 202. Magistrate judge contempt authority.
Sec. 203. Consent to magistrate judge authority in petty offense cases 
              and magistrate judge authority in misdemeanor cases 
              involving juvenile defendants.
Sec. 204. Savings and loan data reporting requirements.
Sec. 205. Place of holding court in the Eastern District of Texas.
Sec. 206. Federal substance abuse treatment program reauthorization.
Sec. 207. Membership in circuit judicial councils.
Sec. 208. Sunset of civil justice expense and delay reduction plans.
Sec. 209. Repeal of Court of Federal Claims filing fee.
Sec. 210. Technical bankruptcy correction.
Sec. 211. Technical amendment relating to the treatment of certain 
              bankruptcy fees collected.

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

Sec. 301. Disability retirement and cost-of-living adjustments of 
              annuities for territorial judges.
Sec. 302. Federal Judicial Center personnel matters.
Sec. 303. Judicial administrative officials retirement matters.
Sec. 304. Judges' firearms training.
Sec. 305. Exemption from jury service.
Sec. 306. Expanded workers' compensation coverage for jurors.
Sec. 307. Property damage, theft, and loss claims of jurors.
Sec. 308. Annual leave limit for court unit executives.
Sec. 309. Transfer of county to Middle District of Pennsylvania.
Sec. 310. Creation of two divisions in Eastern District of Louisiana.
Sec. 311. District judges for the Florida district courts.
Sec. 312. Change in composition of divisions in Western District of 
              Tennessee.
Sec. 313. Payments to military survivors benefits plan.
Sec. 314. Creation of certifying officers in the judicial branch.
Sec. 315. Authority to prescribe fees for technology resources in the 
              courts.

               TITLE IV--CRIMINAL JUSTICE ACT AMENDMENTS

Sec. 401. Maximum amounts of compensation for attorneys.
Sec. 402. Maximum amounts of compensation for services other than 
              counsel.
Sec. 403. Tort Claims Act amendment relating to liability of Federal 
              public defenders.
               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

     SEC. 101. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND CRIMINAL 
                   FORFEITURE EXPENSES.

       (a) Transfers From Justice and Treasury Forfeiture Funds.--
     Section 524(c) of title 28, United States Code, is amended--
       (1) by inserting after paragraph (11) the following 
     paragraph (12):
       ``(12)(A) In the fiscal year following the fiscal year in 
     which this paragraph is enacted and in each fiscal year 
     thereafter, an amount as specified in subparagraph (B) shall 
     be transferred annually to the judiciary into the fund 
     established under section 1931 of this title, for expenses 
     incurred in--
       ``(i) adjudication of civil and criminal forfeiture 
     proceedings that result in deposits into the Fund (except the 
     expense of salaries of judges);
       ``(ii) representation, pursuant to the provisions of 
     section 3006A of title 18 or section 408(q) of the Controlled 
     Substances Act (21 U.S.C. 848(q)) of offenders whose assets 
     have been seized in such forfeiture proceedings, to the 
     extent that such expenses of representation could have been 
     recovered through an order for payment or for reimbursement 
     of appropriations for defender services pursuant to section 
     3006A(f) of title 18; and
       ``(iii) supervision by United States probation officers of 
     offenders under home detention or other forms of confinement 
     outside of facilities of the Bureau of Prisons.
       ``(B) The amount to be transferred under subparagraph (A)--
       ``(i) shall be a portion of the amount of the combined 
     fiscal year deposits into both the Fund and the Department of 
     the Treasury Forfeiture Fund established by section 9703 of 
     title 31 (hereinafter referred to in this paragraph as `both 
     Funds'), which shall not exceed the statement of costs 
     incurred by the judiciary in providing the services 
     identified in subparagraph (A), as set forth by the Director 
     of the Administrative Office of the United States Courts in a 
     report to the Attorney General and the Secretary of the 
     Treasury no later than 90 days after the end of the fiscal 
     year in which the expenses were incurred, except that--
       ``(I) the total amount to be transferred from both Funds 
     shall not exceed $50,000,000, or 10 percent of the total 
     combined deposits into both Funds, whichever is less;
       ``(II) the proportion of the amount transferred from the 
     Fund to the total amount to be transferred shall be equal to 
     the proportion of the fiscal year deposits into the Fund to 
     the combined fiscal year deposits in both Funds; and
       ``(III) the total amount to be transferred from both Funds 
     may exceed the limits set out in this subparagraph, subject 
     to the discretion of the Attorney General and the Secretary 
     of the Treasury; and
       ``(ii) shall be paid from revenues deposited into the Fund 
     during the fiscal year in which the expenses were incurred 
     and are not required to be specified in appropriations 
     Acts.''.
       (b) Treasury Forfeiture Fund.--Section 9703 of title 31, 
     United States Code, is amended--
       (1) by redesignating subsection (p) as subsection (q); and
       (2) by inserting after subsection (o) the following new 
     subsection:
       ``(p) Transfer to the Federal Judiciary.--In the fiscal 
     year following the fiscal year in which this subsection is 
     enacted and in each fiscal year thereafter, an amount 
     necessary to meet the requirements of section 524(c)(12) of 
     title 28 shall be transferred to the judiciary, subject to 
     the limitations, terms, and conditions specified in that 
     section for such transfers.''.
       (c) Conforming Amendment.--Section 1931(a) of title 28, 
     United States Code, is amended by inserting ``or other 
     judicial services, including services provided pursuant to 
     section 3006A of title 18 or section 408(q) of the Controlled 
     Substances Act (21 U.S.C. 848(q))'' after ``courts of the 
     United States''.

     SEC. 102. TRANSFER OF RETIREMENT FUNDS.

       Section 377 of title 28, United States Code, is amended by 
     adding at the end thereof the following new subsection:
       ``(p) Upon election by a bankruptcy judge or a magistrate 
     judge under subsection (f) of this section, all of the 
     accrued employer contributions and accrued interest on those 
     contributions made on behalf of the bankruptcy judge or 
     magistrate judge to the Civil Service Retirement and 
     Disability Fund, as defined under section 8348 of title 5, 
     shall be transferred to the fund established under section 
     1931 of this title, except that if the bankruptcy judge or 
     magistrate judge elects under section 2(c) of the Retirement 
     and Survivors' Annuities for Bankruptcy Judges and 
     Magistrates Act of 1988 (Public Law 100-659), to receive a 
     retirement annuity under both this section and title 5, only 
     the accrued employer contributions and accrued interest on 
     such contributions made on behalf of the bankruptcy judge or 
     magistrate judge for service credited under this section may 
     be transferred.''.

     SEC. 103. EXTENSION OF JUDICIARY INFORMATION TECHNOLOGY FUND.

       Section 612 of title 28, United States Code, is amended--
       (1) by striking ``equipment'' each place it appears and 
     inserting ``resources'';
       (2) by striking subsection (f) and redesignating subsequent 
     subsections accordingly;
       (3) in subsection (g), as so redesignated, by striking 
     paragraph (3); and
       (4) in subsection (i), as so redesignated,--
       (A) by striking ``Judiciary'' each place it appears and 
     inserting ``judiciary'';
       (B) by striking ``subparagraph (c)(1)(B)'' and inserting 
     ``subsection (c)(1)(B)''; and
       (C) by striking ``under (c)(1)(B)'' and inserting ``under 
     subsection (c)(1)(B)''.

     SEC. 104. BANKRUPTCY FEES.

       Subsection (a) of section 1930 of title 28, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(7) In districts that are not part of a United States 
     trustee region as defined in section 581 of this title, the 
     Judicial Conference of the United States may require the 
     debtor in a case under chapter 11 of title 11 to pay fees 
     equal to those imposed by paragraph (6) of this subsection. 
     Such fees shall be deposited as offsetting receipts to the 
     fund established under section 1931 of this title and shall 
     remain available until expended.''.

     SEC. 105. DISPOSITION OF MISCELLANEOUS FEES.

       For fiscal year 1999 and thereafter, any portion of 
     miscellaneous fees collected as prescribed by the Judicial 
     Conference of the United States pursuant to sections 1913, 
     1914(b), 1926(a), 1930(b), and 1932 of title 28, United 
     States Code, exceeding the amount of such fees in effect on 
     September 30, 1998, shall be deposited into the special fund 
     of the Treasury established under section 1931 of title 28, 
     United States Code.
                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

     SEC. 201. EXTENSION OF STATUTORY AUTHORITY FOR MAGISTRATE 
                   JUDGE POSITIONS TO BE ESTABLISHED IN THE 
                   DISTRICT COURTS OF GUAM AND THE NORTHERN 
                   MARIANA ISLANDS.

       Section 631 of title 28, United States Code, is amended--
       (1) by striking the first two sentences of subsection (a) 
     and inserting the following: ``The judges of each United 
     States district court and the district courts of the Virgin 
     Islands, Guam, and the Northern Mariana Islands shall appoint 
     United States magistrate judges in such numbers and to serve 
     at such locations within the judicial districts as the 
     Judicial Conference may determine under

[[Page H1249]]

     this chapter. In the case of a magistrate judge appointed by 
     the district court of the Virgin Islands, Guam, or the 
     Northern Mariana Islands, this chapter shall apply as though 
     the court appointing such a magistrate judge were a United 
     States district court.''; and
       (2) by inserting in the first sentence of paragraph (1) of 
     subsection (b) after ``Commonwealth of Puerto Rico,'' the 
     following: ``the Territory of Guam, the Commonwealth of the 
     Northern Mariana Islands,''.

     SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

       Section 636(e) of title 28, United States Code is amended 
     to read as follows:
       ``(e) Contempt Authority.--
       ``(1) In general.--A United States magistrate judge serving 
     under this chapter shall have within the territorial 
     jurisdiction prescribed by his or her appointment the power 
     to exercise contempt authority as set forth in this 
     subsection.
       ``(2) Summary criminal contempt authority.--A magistrate 
     judge shall have the power to punish summarily by fine or 
     imprisonment such contempt of his or her authority 
     constituting misbehavior of any person in the magistrate 
     judge's presence so as to obstruct the administration of 
     justice. The order of contempt shall be issued pursuant to 
     the Federal Rules of Criminal Procedure.
       ``(3) Additional criminal contempt authority in civil 
     consent and misdemeanor cases.--In any case in which a United 
     States magistrate judge presides with the consent of the 
     parties under subsection (c) of this section, and in any 
     misdemeanor case proceeding before a magistrate judge under 
     section 3401 of title 18, the magistrate judge shall have the 
     power to punish by fine or imprisonment criminal contempt 
     constituting disobedience or resistance to the magistrate 
     judge's lawful writ, process, order, rule, decree, or 
     command. Disposition of such contempt shall be conducted upon 
     notice and hearing pursuant to the Federal Rules of Criminal 
     Procedure.
       ``(4) Civil contempt authority in civil consent and 
     misdemeanor cases.--In any case in which a United States 
     magistrate judge presides with the consent of the parties 
     under subsection (c) of this section, and in any misdemeanor 
     case proceeding before a magistrate judge under section 3401 
     of title 18, the magistrate judge may exercise the civil 
     contempt authority of the district court. This paragraph 
     shall not be construed to limit the authority of a magistrate 
     judge to order sanctions pursuant to any other statute, the 
     Federal Rules of Civil Procedure, or the Federal Rules of 
     Criminal Procedure.
       ``(5) Criminal contempt penalties.--The sentence imposed by 
     a magistrate judge for any criminal contempt provided for in 
     paragraphs (2) and (3) shall not exceed the penalties for a 
     Class C misdemeanor as set forth in sections 3581(b)(8) and 
     3571(b)(6) of title 18.
       ``(6) Certification of other contempts to the district 
     court.--Upon the commission of any such act--
       ``(A) in any case in which a United States magistrate judge 
     presides with the consent of the parties under subsection (c) 
     of this section, or in any misdemeanor case proceeding before 
     a magistrate judge under section 3401 of title 18, that may, 
     in the opinion of the magistrate judge, constitute a serious 
     criminal contempt punishable by penalties exceeding those set 
     forth in paragraph (5) of this subsection, or
       ``(B) in any other case or proceeding under subsection (a) 
     or (b) of this section, or any other statute, where--
       ``(i) the act committed in the magistrate judge's presence 
     may, in the opinion of the magistrate judge, constitute a 
     serious criminal contempt punishable by penalties exceeding 
     those set forth in paragraph (5) of this subsection,
       ``(ii) the act that constitutes a criminal contempt occurs 
     outside the presence of the magistrate judge, or
       ``(iii) the act constitutes a civil contempt,

     the magistrate judge shall forthwith certify the facts to a 
     district judge and may serve or cause to be served upon any 
     person whose behavior is brought into question under this 
     paragraph an order requiring such person to appear before a 
     district judge upon a day certain to show cause why he or she 
     should not be adjudged in contempt by reason of the facts so 
     certified. The district judge shall thereupon hear the 
     evidence as to the act or conduct complained of and, if it is 
     such as to warrant punishment, punish such person in the same 
     manner and to the same extent as for a contempt committed 
     before a district judge.
       ``(7) Appeals of magistrate judge contempt orders.--The 
     appeal of an order of contempt pursuant to this subsection 
     shall be made to the court of appeals in cases proceeding 
     under subsection (c) of this section. In any other proceeding 
     in which a United States magistrate judge presides under 
     subsection (a) or (b) of this section, section 3401 of title 
     18, or any other statute, the appeal of a magistrate judge's 
     summary contempt order shall be made to the district 
     court.''.

     SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN PETTY 
                   OFFENSE CASES AND MAGISTRATE JUDGE AUTHORITY IN 
                   MISDEMEANOR CASES INVOLVING JUVENILE 
                   DEFENDANTS.

       (a) Amendments to Title 18.--
       (1) Petty offense cases.--Section 3401(b) of title 18, 
     United States Code, is amended by striking ``that is a class 
     B misdemeanor charging a motor vehicle offense, a class C 
     misdemeanor, or an infraction,'' after ``petty offense''.
       (2) Cases involving juveniles.--Section 3401(g) of title 
     18, United States Code, is amended--
       (A) by striking the first sentence and inserting the 
     following: ``The magistrate judge may, in a petty offense 
     case involving a juvenile, exercise all powers granted to the 
     district court under chapter 403 of this title.'';
       (B) in the second sentence by striking ``any other class B 
     or C misdemeanor case'' and inserting ``the case of any 
     misdemeanor, other than a petty offense,''; and
       (C) by striking the last sentence.
       (b) Amendments to Title 28.--Section 636(a) of title 28, 
     United States Code, is amended by striking paragraphs (4) and 
     (5) and inserting in the following:
       ``(4) the power to enter a sentence for a petty offense; 
     and
       ``(5) the power to enter a sentence for a class A 
     misdemeanor in a case in which the parties have consented.''.

     SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIREMENTS.

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

     SEC. 205. PLACE OF HOLDING COURT IN THE EASTERN DISTRICT OF 
                   TEXAS.

       (a) Texas.--The second sentence of section 124(c)(3) of 
     title 28, United States Code, is amended by inserting ``and 
     Plano'' after ``held at Sherman''.
       (b) Texarkana.--Sections 83(b)(1) and 124(c)(6) of title 
     28, United States Code, are each amended by adding before the 
     period at the end of the last sentence the following: ``, and 
     may be held anywhere within the Federal courthouse in 
     Texarkana that is located astride the State line between 
     Texas and Arkansas''.

     SEC. 206. FEDERAL SUBSTANCE ABUSE TREATMENT PROGRAM 
                   REAUTHORIZATION.

       Section 4(a) of the Contract Services for Drug Dependent 
     Federal Offenders Treatment Act of 1978 (Public Law 95-537; 
     92 Stat. 2038; 18 U.S.C. 3672 note) is amended by striking 
     all that follows ``there are authorized to be appropriated'' 
     and inserting ``for fiscal year 1998 and each fiscal year 
     thereafter such sums as may be necessary.''.

     SEC. 207. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

       Section 332(a) of title 28, United States Code, is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) The chief judge of each judicial circuit shall call 
     and preside at a meeting of the judicial council of the 
     circuit at least twice in each year and at such places as he 
     or she may designate. The council shall consist of an equal 
     number of circuit judges (including the chief judge of the 
     circuit) and district judges, as such number is determined by 
     majority vote of all such judges of the circuit in regular 
     active service.'';
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Except for the chief judge of the circuit, either 
     judges in regular active service or judges retired from 
     regular active service under section 371(b) of this title may 
     serve as members of the council.''; and
       (3) by striking ``retirement,'' in paragraph (5) and 
     inserting ``retirement under section 371(a) or section 372(a) 
     of this title,''.

     SEC. 208. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION 
                   PLANS.

       Section 103(b)(2)(A) of the Civil Justice Reform Act of 
     1990 (Public Law 101-650; 104 Stat. 5096; 28 U.S.C. 471 
     note), as amended by Public Law 105-53 (111 Stat. 1173), is 
     amended by inserting ``471,'' after ``sections''.

     SEC. 209. REPEAL OF COURT OF FEDERAL CLAIMS FILING FEE.

       Section 2520 of title 28, United States Code, and the item 
     relating to such section in the table of contents for chapter 
     165 of such title, are repealed.

     SEC. 210. TECHNICAL BANKRUPTCY CORRECTION.

       Section 1228 of title 11, United States Code, is amended by 
     striking ``1222(b)(10)'' each place it appears and inserting 
     ``1222(b)(9)''.

     SEC. 211. TECHNICAL AMENDMENT RELATING TO THE TREATMENT OF 
                   CERTAIN BANKRUPTCY FEES COLLECTED.

       (a) Amendment.--The first sentence of section 406(b) of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1990 (Public Law 
     101-162; 103 Stat. 1016; 28 U.S.C. 1931 note) is amended by 
     striking ``service enumerated after item 18'' and inserting 
     ``service not of a kind described in any of the items 
     enumerated as items 1 through 7 and as items 9 through 18, as 
     in effect on November 21, 1989,''.
       (b) Application of Amendment.--The amendment made by 
     subsection (a) shall not apply with respect to fees collected 
     before the date of the enactment of this Act.
TITLE III--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

     SEC. 301. DISABILITY RETIREMENT AND COST-OF-LIVING 
                   ADJUSTMENTS OF ANNUITIES FOR TERRITORIAL 
                   JUDGES.

       Section 373 of title 28, United States Code, is amended--
       (1) by amending subsection (c)(4) to read as follows:
       ``(4) Any senior judge performing judicial duties pursuant 
     to recall under paragraph (2) of this subsection shall be 
     paid, while performing such duties, the same compensation

[[Page H1250]]

     (in lieu of the annuity payable under this section) and the 
     same allowances for travel and other expenses as a judge on 
     active duty with the court being served.'';
       (2) by amending subsection (e) to read as follows:
       ``(e)(1) Any judge of the District Court of Guam, the 
     District Court of the Northern Mariana Islands, or the 
     District Court of the Virgin Islands who is not reappointed 
     (as judge of such court) shall be entitled, upon attaining 
     the age of 65 years or upon relinquishing office if the judge 
     is then beyond the age of 65 years--
       ``(A) if the judicial service of such judge, continuous or 
     otherwise, aggregates 15 years or more, to receive during the 
     remainder of such judge's life an annuity equal to the salary 
     received when the judge left office; or
       ``(B) if such judicial service, continuous or otherwise, 
     aggregated less than 15 years, to receive during the 
     remainder of such judge's life an annuity equal to that 
     proportion of such salary which the aggregate number of such 
     judge's years of service bears to 15.
       ``(2) Any judge of the District Court of Guam, the District 
     Court of the Northern Mariana Islands, or the District Court 
     of the Virgin Islands who has served at least five years, 
     continuously or otherwise, and who retires or is removed upon 
     the sole ground of mental or physical disability, shall be 
     entitled to receive during the remainder of such judge's life 
     an annuity equal to 40 percent of the salary received when 
     the judge left office, or, in the case of a judge who has 
     served at least ten years, continuously or otherwise, an 
     annuity equal to that proportion of such salary which the 
     aggregate number of such judge's years of judicial service 
     bears to 15.''; and
       (3) by amending subsection (g) to read as follows:
       ``(g) Any retired judge who is entitled to receive an 
     annuity under this section shall be entitled to a cost-of-
     living adjustment in the amount computed as specified in 
     section 8340(b) of title 5, except that in no case may the 
     annuity payable to such retired judge, as increased under 
     this subsection, exceed the salary of a judge in regular 
     active service with the court on which the retired judge 
     served before retiring.''.

     SEC. 302. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS.

       Section 625 of title 28, United States Code, is amended--
       (1) in subsection (b)--
       (A) by striking ``, United States Code,'';
       (B) by striking ``pay rates, section 5316, title 5, United 
     States Code'' and inserting ``under section 5316 of title 5, 
     except that the Director may fix the compensation of 4 
     positions of the Center at a level not to exceed the annual 
     rate of pay in effect for level IV of the Executive Schedule 
     under section 5315 of title 5''; and
       (C) by striking ``the Civil 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'';
       (2) in subsection (c)--
       (A) by striking ``, United States Code,'';
       (B) by inserting a comma after ``competitive service''; and
       (C) by striking the comma after ``such title''; and
       (3) in subsection (d)--
       (A) by striking ``, United States Code,'' each place it 
     appears''; and
       (B) by striking ``, section 5332, title 5'' and inserting 
     ``under section 5332 of title 5''..

     SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT 
                   MATTERS.

       (a) Director of Administrative Office.--Section 611 of 
     title 28, United States Code, is amended--
       (1) in subsection (d), by inserting ``a congressional 
     employee in the capacity of primary administrative assistant 
     to a Member of Congress or in the capacity of staff director 
     or chief counsel for the majority or the minority of a 
     committee or subcommittee of the Senate or House of 
     Representatives,'' after ``Congress,'';
       (2) in subsection (b)--
       (A) by striking ``who has served at least fifteen years 
     and'' and inserting ``who has at least fifteen years of 
     service and has'';
       (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'';
       (B) in the first undesignated paragraph, by striking ``who 
     has served at least ten years,'' and inserting ``who has at 
     least ten years of service,''; and
       (3) in subsection (d)--
       (A) by striking ``served at least fifteen years,'' and 
     inserting ``at least fifteen years of service,''; and
       (B) by striking ``served less than fifteen years,'' and 
     inserting ``less than fifteen years of service,''.

     SEC. 304. JUDGES' FIREARMS TRAINING.

       (a) In General.--Chapter 21 of title 28, United States 
     Code, is amended by adding at the end thereof the following 
     new section:

     ``Sec. 464. Carrying of firearms by judicial officers

       ``(a) Authority.--A judicial officer of the United States 
     is authorized to carry a firearm, whether concealed or not, 
     under regulations promulgated by the Judicial Conference of 
     the United States. The authority granted by this section 
     shall extend only to--
       ``(1) those States in which the carrying of firearms by 
     judicial officers of the State is permitted by State law, and
       ``(2) regardless of State law, to any place where the 
     judicial officer of the United States sits, resides, or is 
     present on official travel status.
       ``(b) Implementation.--
       ``(1) Regulations.--The regulations promulgated by the 
     Judicial Conference under subsection (a) shall--
       ``(A) require a demonstration of a judicial officer's 
     proficiency in the use and safety of firearms as a 
     prerequisite to the carrying of firearms under the authority 
     of this section; and
       ``(B) ensure that the carrying of a firearm by a judicial 
     officer under the protection of the United States Marshals 
     Service while away from United States courthouses is 
     consistent with the policy of the Marshals Service on the 
     carrying of firearms by persons receiving such protection.
       ``(2) Assistance by other agencies.--At the request of the 
     Judicial Conference, the Department of Justice and 
     appropriate law enforcement components of the Department 
     shall assist the Judicial Conference in developing and 
     providing training to assist judicial officers in securing 
     the proficiency referred to in subsection (b)(1).
       ``(c) Definition.--For purposes of this section, the term, 
     `judicial officer of the United States' means--
       ``(1) a justice or judge of the United States as defined in 
     section 451 in regular active service or retired from regular 
     active service;
       ``(2) a justice or judge of the United States who has 
     retired from the judicial office under section 371(a) for--
       ``(A) a 1-year period following such justice's or judge's 
     retirement; or
       ``(B) a longer period of time if approved by the Judicial 
     Conference of the United States when exceptional 
     circumstances warrant;
       ``(3) a United States bankruptcy judge;
       ``(4) a full-time or part-time United States magistrate 
     judge;
       ``(5) a judge of the United States Court of Federal Claims;
       ``(6) a judge of the District Court of Guam;
       ``(7) a judge of the District Court for the Northern 
     Mariana Islands;
       ``(8) a judge of the District Court of the Virgin Islands; 
     or
       ``(9) an individual who is retired from one of the judicial 
     positions described under paragraphs (3) through (8) to the 
     extent provided for in regulations of the Judicial Conference 
     of the United States.
       ``(d) Exception.--Notwithstanding section 46303(c)(1) of 
     title 49, nothing in this section authorizes a judicial 
     officer of the United States to carry a dangerous weapon on 
     an aircraft or other common carrier.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 21 of title 28, United States Code, is 
     amended by adding at the end thereof the following:

``464. Carrying of firearms by judicial officers.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect upon the earlier of the promulgation of 
     regulations by the Judicial Conference under the amendments 
     made by this section or one year after the date of the 
     enactment of this Act.

     SEC. 305. EXEMPTION FROM JURY SERVICE.

       (a) members of the Armed Forces.--Paragraph (6) of section 
     1863(b) of title 28, United States Code, is amended to read 
     as follows:
       ``(6) specify that members in active service in the Armed 
     Forces of the United States are barred from jury service on 
     the ground that they are exempt.''.
       (b) Conforming Amendment.--Section 1869 if title 28, United 
     States Code, is amended by repealing subsection (i).

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

       Paragraph (2) of section 1877(b) of title 28, United States 
     Code, is amended--
       (1) by striking ``or'' at the end of clause (C); and
       (2) by inserting before the period at the end of clause (D) 
     ``, or (E) traveling to or from the courthouse pursuant to a 
     jury summons or sequestration order, or as otherwise 
     necessitated by order of the court''.

     SEC. 307. PROPERTY DAMAGE, THEFT, AND LOSS CLAIMS OF JURORS.

       Section 604 of title 28, United States Code, is amended by 
     adding at the end thereof the following new subsection:
       ``(i) The Director may pay a claim by a person summoned to 
     serve or serving as a

[[Page H1251]]

     grand juror or petit juror for loss of, or damage to, 
     personal property that occurs incident to that person's 
     performance of duties in response to the summons or at the 
     direction of an officer of the court. With respect to claims, 
     the Director shall have the authority granted to the head of 
     an agency by section 3721 of title 31 for consideration of 
     employees' personal property claims. The Director shall 
     prescribe guidelines for the consideration of claims under 
     this subsection.''.

     SEC. 308. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECUTIVES.

       Section 6304(f)(1) of title 5, United States Code, is 
     amended by adding at the end thereof the following:
       ``(F) the judicial branch designated as a court unit 
     executive position by the Judicial Conference of the United 
     States.''.

     SEC. 309. TRANSFER OF COUNTY TO MIDDLE DISTRICT OF 
                   PENNSYLVANIA.

       (a) Transfer.--Section 118 of title 28, United States Code, 
     is amended--
       (1) in subsection (a) by striking ``Philadelphia, and 
     Schuylkill'' and inserting ``and Philadelphia''; and
       (2) in subsection (b) by inserting ``Schuylkill,'' after 
     ``Potter,''.
       (b) Effective Date.--
       (1) In general.--This section and the amendments made by 
     this section shall take effect 180 days after the date of the 
     enactment of this Act.
       (2) Pending cases not affected.--This section and the 
     amendments made by this section shall not affect any action 
     commenced before the effective date of this section and 
     pending on such date in the United States District Court for 
     the Eastern District of Pennsylvania.
       (3) Juries not affected.--This section and the amendments 
     made by this section shall not affect the composition, or 
     preclude the service, of any grand or petit jury summoned, 
     impaneled, or actually serving on the effective date of this 
     section.

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

       (a) Creation of Two Divisions.--Section 98(a) of title 28, 
     United States Code, is amended to read as follows:
       ``(a) The Eastern District comprises two divisions.

     ``(1) The New Orleans Division comprises the parishes of 
     Jefferson, Orleans, Plaquemines, Saint Bernard, Saint 
     Charles, Saint John the Baptist, Saint Tammany, Tangipahoa, 
     and Washington.

     ``Court for the New Orleans Division shall be held at New 
     Orleans.

     ``(2) The Houma Division comprises the parishes of 
     Assumption, Lafourche, Saint James, and Terrebonne.

     ``Court for the Houma Division shall be held at Houma.''.
       (b) Effective Date.--
       (1) In general.--This section and the amendments made by 
     this section shall take effect 180 days after the date of the 
     enactment of this Act.
       (2) Pending cases not affected.--This section and the 
     amendments made by this section shall not affect any action 
     commenced before the effective date of this section and 
     pending on such date in the United States District Court for 
     the Eastern District of Louisiana.
       (3) Juries not affected.--This section and the amendments 
     made by this section shall not affect the composition, or 
     preclude the service, of any grand or petit jury summoned, 
     impaneled, or actually serving on the effective date of this 
     section.

     SEC. 311. DISTRICT JUDGES FOR THE FLORIDA DISTRICT COURTS.

       (a) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (1) 3 additional district judges for the middle district of 
     Florida; and
       (2) 2 additional district judges for the southern district 
     of Florida.
       (b) Temporary Judgeship.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate, 1 additional district 
     judge for the middle district of Florida.
       (2) First vacancy not filled.--The first vacancy in the 
     office of district judge in the middle district of Florida, 
     occurring 7 years or more after the confirmation date of the 
     last judge named to fill the judgeships created by subsection 
     (a) and this subsection for the middle district of Florida, 
     shall not be filled.
       (c) Tables.--In order that the table contained in section 
     133 of title 28, United States Code, reflects the changes in 
     the total number of permanent district judgeships authorized 
     by subsection (a) of this section, the item relating to 
     Florida in such table is amended to read as follows:

``Florida:

    Northern.....................................................4 ....

    Middle......................................................14 ....

    Southern..................................................18''.....

       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the provisions of this section, including such sums as may be 
     necessary to provide appropriate space and facilities for the 
     judicial positions created by this section.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date of enactment of 
     this Act.

     SEC. 312. CHANGE IN COMPOSITION OF DIVISIONS IN WESTERN 
                   DISTRICT OF TENNESSEE.

       (a) In General.--Section 123(c) of title 28, United States 
     Code, is amended--
       (1) in paragraph (1) by inserting ``Dyer,'' after 
     ``Decatur,''; and
       (2) in paragraph (2) by striking ``Dyer,''.
       (b) Effective Date.--
       (1) In general.--This section and the amendments made by 
     this section shall take effect on the date of the enactment 
     of this Act.
       (2) Pending cases not affected.--This section and the 
     amendments made by this section shall not affect any action 
     commenced before the effective date of this section and 
     pending in the United States District Court for the Western 
     District of Tennessee on such date.
       (3) Juries not affected.--This section and the amendments 
     made by this section shall not affect the composition, or 
     preclude the service, of any grand or petit jury summoned, 
     impaneled, or actually serving in the Western Judicial 
     District of Tennessee on the effective date of this section.

     SEC. 313. PAYMENTS TO MILITARY SURVIVORS BENEFITS PLAN.

       Section 371(e) of title 28, United States Code, is amended 
     by inserting after ``such retired or retainer pay'' the 
     following: ``, except such pay as is deductible from the 
     retired or retainer pay as a result of participation in any 
     survivor's benefits plan in connection with the retired 
     pay,''.

     SEC. 314. CREATION OF CERTIFYING OFFICERS IN THE JUDICIAL 
                   BRANCH.

       (a) Appointment of Disbursing and Certifying Officers.--
     Chapter 41 of title 28, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 613. Disbursing and certifying officers

       ``(a) Disbursing Officers.--The Director may designate in 
     writing officers and employees of the judicial branch of the 
     Government, including the courts as defined in section 610 
     other than the Supreme Court, to be disbursing officers in 
     such numbers and locations as the Director considers 
     necessary. Such disbursing officers shall--
       ``(1) disburse moneys appropriated to the judicial branch 
     and other funds only in strict accordance with payment 
     requests certified by the Director or in accordance with 
     subsection (b);
       ``(2) examine payment requests as necessary to ascertain 
     whether they are in proper form, certified, and approved; and
       ``(3) be held accountable for their actions as provided by 
     law, except that such a disbursing officer shall not be held 
     accountable or responsible for any illegal, improper, or 
     incorrect payment resulting from any false, inaccurate, or 
     misleading certificate for which a certifying officer is 
     responsible under subsection (b).
       ``(b) Certifying Officers.--(1) The Director may designate 
     in writing officers and employees of the judicial branch of 
     the Government, including the courts as defined in section 
     610 other than the Supreme Court, to certify payment requests 
     payable from appropriations and funds. Such certifying 
     officers shall be responsible and accountable for--
       ``(A) the existence and correctness of the facts recited in 
     the certificate or other request for payment or its 
     supporting papers;
       ``(B) the legality of the proposed payment under the 
     appropriation or fund involved; and
       ``(C) the correctness of the computations of certified 
     payment requests.
       ``(2) The liability of a certifying officer shall be 
     enforced in the same manner and to the same extent as 
     provided by law with respect to the enforcement of the 
     liability of disbursing and other accountable officers. A 
     certifying officer shall be required to make restitution to 
     the United States for the amount of any illegal, improper, or 
     incorrect payment resulting from any false, inaccurate, or 
     misleading certificates made by the certifying officer, as 
     well as for any payment prohibited by law or which did not 
     represent a legal obligation under the appropriation or fund 
     involved.
       ``(c) Rights.--A certifying or disbursing officer--
       ``(1) has the right to apply for and obtain a decision by 
     the Comptroller General on any question of law involved in a 
     payment request presented for certification; and
       ``(2) is entitled to relief from liability arising under 
     this section in accordance with title 31.
       ``(d) Other Authority Not Affected.--Nothing in this 
     section affects the authority of the courts with respect to 
     moneys deposited with the courts under chapter 129 of this 
     title.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 41 of title 28, United States Code, is amended by 
     adding at the end the following item:

``613. Disbursing and certifying officers.''.

       (c) Duties of Director.--Paragraph (8) of subsection (a) of 
     section 604 of title 28, United States Code, is amended to 
     read as follows:
       ``(8) Disburse appropriations and other funds for the 
     maintenance and operation of the courts;''.

     SEC. 315. AUTHORITY TO PRESCRIBE FEES FOR TECHNOLOGY 
                   RESOURCES IN THE COURTS.

       (a) In General.--Chapter 41 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 614. Authority to prescribe fees for technology 
       resources in the courts

       ``The Judicial Conference is authorized to prescribe 
     reasonable fees pursuant to sections 1913, 1914, 1926, 1930, 
     and 1932, for collection by the courts for use of information

[[Page H1252]]

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

``614. Authority to prescribe fees for technology resources in the 
              courts.''.

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

``1932. Judicial Panel on Multidistrict Litigation.
``1933. Revocation of earned release credit.''
               TITLE IV--CRIMINAL JUSTICE ACT AMENDMENTS

     SEC. 401. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.

       Paragraph (2) of subsection (d) of section 3006A of title 
     18, United States Code, is amended--
       (1) in the first sentence--
       (A) by striking ``3,500'' and inserting ``5,000'';
       (B) by striking ``1,000'' and inserting ``1,500'';
       (2) in the second sentence by striking ``2,500'' and 
     inserting ``3,600'';
       (3) in the third sentence--
       (A) by striking ``750'' and inserting ``1,100'';
       (B) by striking ``2,500'' and inserting ``3,600'';
       (4) by inserting after the second sentence the following 
     new sentence: ``For representation of a petitioner in a non-
     capital habeas corpus proceeding, the compensation for each 
     attorney shall not exceed the amount applicable to a felony 
     in this paragraph for representation of a defendant before a 
     United States magistrate or the district court, or both. For 
     representation of such petitioner in an appellate court, the 
     compensation for each attorney shall not exceed the amount 
     applicable for representation of a defendant in an appellate 
     court.''; and
       (5) in the last sentence by striking ``750'' and inserting 
     ``1,100''.

     SEC. 402. MAXIMUM AMOUNTS OF COMPENSATION FOR SERVICES OTHER 
                   THAN COUNSEL.

       Section 3006A(e) of title 18, United States Code, is 
     amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A) by striking ``300'' and inserting 
     ``450''; and
       (B) in subparagraph (B) by striking ``300'' and inserting 
     ``450''; and
       (2) in paragraph (3) in the first sentence by striking 
     ``1,000'' and inserting ``1,500''.

     SEC. 403. TORT CLAIMS ACT AMENDMENT RELATING TO LIABILITY OF 
                   FEDERAL PUBLIC DEFENDERS.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Coble) and the gentleman from Virginia (Mr. Scott) 
each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Coble).


                             General Leave

  Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on the bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2294 contains several provisions that are needed to 
improve the Federal court system. It is designed to improve 
administration and procedures, eliminate operational inefficiencies, 
and reduce operating expenses.
  The provisions contained in H.R. 2294 address administrative, 
financial, personnel, organizational, and technical changes that are 
needed by the Article III Federal courts and their supporting agencies. 
These provisions are designed to have a positive impact on the 
operations of the Federal courts and enhance the delivery of justice in 
the Federal system.
  The manager's amendment makes no substantive changes. However, on the 
advice of legislative counsel, certain technical and conforming changes 
have been made to H.R. 2294.
  Also, after consultation with the Committee on the Budget, it became 
rather clear that the provision regarding the ``Rule of 80'' would 
require unanticipated expenditures.

                              {time}  1045

  Therefore, it was taken out of H.R. 2294 and will be reconsidered in 
the future. H.R. 2294, Mr. Speaker, is necessary legislation for the 
proper functioning of our Article III United States Courts. It is 
nonpartisan, noncontroversial, and I urge the House to pass 2294.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 2294, the Federal Courts 
Improvement Act of 1997. This bipartisan legislation is the result of a 
long list of desired changes from the Administrative Office of the 
United States Courts.
  I thank the gentleman from North Carolina (Mr. Coble), my 
subcommittee chairman, and the gentleman from Massachusetts (Mr. 
Frank), the ranking member, for working together to produce a 
bipartisan bill that all of the members of the Committee on the 
Judiciary could agree to.
  Among other provisions included in this bill is an amendment to 28 
U.S.C. to authorize reimbursements to the judicial branch out of funds 
in the Justice Department Asset Forfeiture Fund and the Department of 
the Treasury Asset Forfeiture Fund for certain expenses incurred by the 
judicial branch in connection with the adjudications of asset 
forfeitures. Section 303 provides that a U.S. magistrate judge shall be 
given the power to exercise contempt authority within the territorial 
jurisdiction prescribed by his or her appointment.
  Another important element of this legislation is that it reauthorizes 
appropriations for fiscal year 1998 and subsequent years such sums as 
may be necessary to carry out the drug and alcohol after care program 
for Federal offenders administered by the probation and pretrial 
services division of the Administrative Office of the United States 
Courts.
  This legislation also eliminates exemptions for members of State and 
local fire or police departments and public officers of Federal and 
State governments from Federal jury service.
  Lastly, the bill extends Federal Employees' Compensation Act 
protections to jurors while they are traveling to and from court. So I 
urge my colleagues to support this bill.
  Mr. Speaker, I yield 4 minutes to the gentlewoman from Texas (Ms. 
Sheila Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman for 
yielding me the time. I thank the gentleman for his leadership on this 
bill, and I thank the chairman as well.
  Let me cite my appreciation for some of the very vital points that we 
find in the Federal Courts Improvement Act. Particularly, as a member 
of the Committee on Science, let me applaud the provision that 
permanently extends the Judiciary Information Technology Fund, which 
provides the judiciary with the capital to purchase and maintain 
computers and other technologies and removes the funds from the budget 
management process of the executive branch.
  How often I have heard from my judges throughout the United States on 
the importance of having this kind of technology in the courts? So I 
particularly appreciate the fact that we have this particular process 
included.
  I also note something that I think is very interesting, and maybe we 
should not applaud, but I do. That is that it eliminates the current 
exemption from Federal jury duty for members of the police, fire 
departments, elected public officials of Federal and State governments, 
and their appointees. I realize what that says, but I do hope that 
further enhances the democratic process, and as well, the opportunity 
for an expanded jury.
  Likewise, I support the compensation of jurors as they travel from 
one place

[[Page H1253]]

to the next. The Southern District of Texas is a very large district. 
That creates a heavy burden on our jurors and persons that would commit 
themselves to this process.
  Mr. Speaker, I do have another improvement that, unfortunately, 
cannot be added to this bill. I would simply say that what would really 
improve the process is, of course, the need for the confirmation of 
appointees to the United States Courts that are being sent over to the 
other body.
  I would argue vigorously that the litmus test that is being utilized, 
the conservative litmus test that befell Judge Massiah-Jackson just 48 
hours ago, is a tragedy and a disgrace. I would hope that we take the 
Federal Courts Improvement Act to heart. As I reflected on the last 20 
years of confirmation processes, when we had a Republican 
administration and a Democratic Congress, never in the history of this 
Congress have we seen such obstructionist processes utilized to 
distract away from the confirmation process. My rights, my 
constituents' rights, those of us who believe in social justice and 
civil rights, are being denied.
  So this bill does not go far enough for me. Frankly, we need to get a 
grip on this process and realize that the process of government is not 
obstructionist, it is to realize and to go forward and to allow the 
process to meet its course.
  I feel sad for Judge Massiah-Jackson, an able jurist, attacked even 
by those that would pretend to want justice, not looking at her record 
accurately. Frankly, this is happening all over the country. I am 
facing it in the State of Texas, and we are backlogged without the 
necessary courts and judges to fill them. I simply say to my 
colleagues, it is time now to really have a Federal Courts Improvement 
Act; that is, to proceed to the requests of Justice Rehnquist, the 
Supreme Court Justice, Chief Justice, who has said we cannot function, 
as I paraphrase him, with the extreme backlog that we have.
  I would think that, in all good conscience, we cannot pass this bill 
without recognizing that we have a real problem in not confirming the 
very able appointees that have been appointed by this administration. I 
hope my colleagues will certainly understand and comprehend and help us 
pass a real Courts Improvement Act with the appointment of our able 
jurists.
  Mr. Speaker, this legislation implements a number of administrative 
changes to the federal court system recommended by the United States 
Judicial Conference.
  The U.S. Judicial Conference serves as the administrative and policy-
making arm of the judiciary branch, advising Congress on the creation 
of new judgeships and the modification of the court system. Biennially, 
the Conference submits recommendations, such as those that comprise 
H.R. 2294, to Congress for improvements to the federal justice system.
  One important factor in my support of this legislation is that the 
changes it contains are largely those requested by judges themselves; 
these are not changes being forced upon an unwilling judiciary. Such 
cooperation between the judicial and legislative branches is 
encouraging.
  I would like to thank both Congressman Coble, Chairman of the 
Judiciary Subcommittee on Courts and Intellectual Property, and 
Congressman Frank, Ranking Member of the Subcommittee, for their hard 
work in crafting this nonpartisan bill. Their leadership is to be 
commended and I hope will set an example of the accomplishments and 
benefits realized with cooperation, a quality that has been notably 
absent as the logjam of Senate judicial confirmations continues to 
worsen.
  Now I turn to discussion of certain of the provisions of this 
legislation. In particular, I would like to draw your attention to 
Section 305 of this bill which authorizes federal judges to carry 
firearms when crossing municipal or state lines, and establishes a 
firearms training program for those judges. it is an unfortunate 
comment on our society's diminishing respect for both authority and 
life itself that our federal judges are so threatened that must be 
given the right to carry a concealed weapon simply to ensure their 
ability to protect themselves. While I am always mindful of states' 
right to regulate in this area, I am convinced that the growing threat 
to federal judges' safety warrants our involvement in this instance. 
Further, the training which will accompany this right should allay 
safety concerns.
  Next, I turn to Section 401 of the bill. Section 401 increases the 
maximum compensation for attorneys serving as appointed counsel in 
federal criminal cases. Section 401 would simply increase maximum case 
compensation by approximately the rate of inflation since 1986 (43.3 
percent) the last year that case compensation maximums were  increased. 
This increase is well-deserved and long overdue. It is a change that is 
necessary to ensure that those of our citizens who are unable to afford 
the often daunting expense of legal representation receive appropriate 
and able representation from their appointed counsel.

  Finally, I want to bring your attention to Section 206 of H.R. 2294 
which reauthorize appropriations for federal substance abuse treatment 
aftercare programs for this and subsequent years. In my home state of 
Texas, state officials estimate that 70 to 85 percent of prison inmates 
need some level of substance abuse treatment. In Texas, 51 percent of 
persons convicted of a drug law violation who had their probation 
revoked had used drugs within 24 hours of their crime. The same is true 
of 36 percent of violent offenders. Prisons can assist inmates and help 
to reduce crime by helping released inmates to participate in 
community-based treatment services. In the absence of such support, 
released inmates too often find themselves in the same environment of 
drug use and criminal behavior which landed them in jail originally. 
Reauthorization of the federal substance abuse treatment aftercare 
programs is critical to helping break this cycle by providing a helping 
hand to newly released inmates--by assisting them in successfully 
reentering society.
  For these reasons, I rise today in support of H.R. 2294 and urge my 
colleagues to join me in support of this legislation.
  Mr. COBLE. Mr. Speaker, I yield such time as he may consume to the 
distinguished gentleman from Florida (Mr. Canady), a valued member of 
the Subcommittee on Courts and Intellectual Property.
  Mr. CANADY of Florida. Mr. Speaker, I want to express my gratitude to 
the gentleman for his leadership on this bill. This is a significant 
bill which will help ensure that the Federal courts are able to carry 
out their important work in the most effective manner possible. I thank 
the gentleman for his leadership, and I commend this bill to all the 
Members of the House. I am hopeful that we will see this bill passed 
into law in very short order.
  Mr. SCOTT. Mr. Speaker, I yield 2 minutes to the gentleman from Guam 
(Mr. Underwood).
  Mr. UNDERWOOD. Mr. Speaker, I rise in strong support of this 
legislation, H.R. 2294, legislation which provides much needed 
improvements for the effective operation of our Federal judiciary 
system.
  This is particularly welcome by the District Court of Guam in order 
to relieve the backlog of cases. Over the past 3 years our local 
District Court judge had one of the highest caseloads of similar judges 
in the country. The majority of his cases dealt with drug violations, 
illegal immigration cases, and firearms cases.
  Due to the vagaries of Guam's Organic Act, the Guam District Court 
judge currently serves as both criminal and civil judge, and also 
functions as the magistrate judge, the bankruptcy judge, and the 
territorial tax court judge. Due to this huge caseload, the Ninth 
Circuit in California has had to send visiting judges to Guam to help 
manage the caseload.
  I applaud the work of Chief Judge John Unpingco of the District Court 
of Guam, and especially for his diligence and dedication to the 
effective enforcement of Federal laws on Guam. The Federal judiciary on 
Guam and the Commonwealth of the Northern Marianas will be better 
served with the authority to hire magistrate judge positions.
  I thank the gentleman from Virginia (Mr. Robert Scott) for yielding 
me the time to express my strong support for this bill. I thank members 
of the Committee on the Judiciary for their expeditious action in 
improving this bill.
  Mr. SCOTT. Mr. Speaker, I yield back the balance of my time.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  In closing, I want to express my thanks to the gentleman from 
Massachusetts (Mr. Barney Frank), the ranking member on the 
subcommittee, the gentleman from Virginia (Mr. Scott), and Democrats 
and Republicans alike who worked very cooperatively and very much in 
unison with each other in bringing this bill to its present stage.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Tiahrt). The question is on the motion

[[Page H1254]]

offered by the gentleman from North Carolina (Mr. Coble) that the House 
suspend the rules and pass the bill, H.R. 2294, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.
  Mr. MANZULLO. Mr. Speaker, the House of Representatives just passed 
under suspension of the rules HR 2294, the Federal Courts Improvement 
Act of 1998. I was unavoidably detained from floor proceedings. 
However, had I been present I would have requested a recorded vote and 
voted against the bill.
  I strongly opposed the measure based upon one section of the bill: 
Section 202. This section would grant magistrate judges contempt 
authority. I am adamantly opposed to granting such power to these 
judges on constitutional grounds. I am not alone in this. In fact, the 
Justice Department in its comments printed in the committee report 
argues that giving such power to non Article III judges raises 
constitutional concerns. Magistrates do not go through the normal 
nomination process. As the Supreme Court stated in a recent opinion, 
the power to hold persons in criminal contempt is not only awesome, but 
is also an inherent power of Article III judges. Magistrate judges are 
not Article III judges.
  The Legislative Branch has much to lose if it continues to grant 
increased powers to those who are unelected. In my congressional 
district, a Federal magistrate has taken control of a local school 
district. To put it simply, he single handedly ordered the school board 
to raise taxes. Out of fear of contempt orders from the magistrate, 
school board members who were opposed to the tax increase switched 
their votes to support the tax increase. From the very fact that HR 
2294 attempts to grant this power, it is clear that Federal magistrates 
do not currently have that power. However, it is also clear that there 
were no attempts made by the court to clear up the misunderstanding 
about that power and in fact promoted the false concept. Imagine what 
type of abuse of power we would see IF we actually grant such 
authority.
  I am sure that there are other commendable provisions in HR 2294. 
However, it is my sincere hope that Section 202 as passed by voice vote 
today in the House of Representatives is stripped out of the final 
version of this legislation.

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