[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.
____________________