[Congressional Record Volume 146, Number 132 (Thursday, October 19, 2000)]
[Senate]
[Pages S10844-S10848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FEDERAL COURTS IMPROVEMENT ACT OF 2000

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 860, S. 2915.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2915) to make improvements in the operation and 
     administration of the Federal courts, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment, as follows:
  [Strike out all after the enacting clause and insert the part printed 
in italic.]

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Courts Improvement Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title and table of contents.

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

Sec. 101. Extension of Judiciary Information Technology Fund.
Sec. 102. Disposition of miscellaneous fees.
Sec. 103. Transfer of retirement funds.
Sec. 104. Increase in chapter 9 bankruptcy filing fee.
Sec. 105. Increase in fee for converting a chapter 7 or chapter 13 
              bankruptcy case to a chapter 11 bankruptcy case.
Sec. 106. Bankruptcy fees.

                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

Sec. 201. Extension of statutory authority for magistrate judge 
              positions to be established in the district courts of 
              Guam and the Northern Mariana Islands.
Sec. 202. Magistrate judge contempt authority.
Sec. 203. Consent to magistrate judge authority in petty offense cases 
              and magistrate judge authority in misdemeanor cases 
              involving juvenile defendants.
Sec. 204. Savings and loan data reporting requirements.
Sec. 205. Membership in circuit judicial councils.
Sec. 206. Sunset of civil justice expense and delay reduction plans.
Sec. 207. Repeal of Court of Federal Claims filing fee.
Sec. 208. Technical bankruptcy correction.
Sec. 209. Technical amendment relating to the treatment of certain 
              bankruptcy fees collected.
Sec. 210. Maximum amounts of compensation for attorneys.
Sec. 211. Reimbursement of expenses in defense of certain malpractice 
              actions.

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

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

                   TITLE IV--FEDERAL PUBLIC DEFENDERS

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

                   TITLE V--MISCELLANEOUS PROVISIONS

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

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

     SEC. 101. EXTENSION OF JUDICIARY INFORMATION TECHNOLOGY FUND.

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

     SEC. 102. DISPOSITION OF MISCELLANEOUS FEES.

       For fiscal year 2001 and each fiscal year thereafter, any 
     portion of miscellaneous fees collected as prescribed by the 
     Judicial Conference of the United States under sections 1913, 
     1914(b), 1926(a), 1930(b), and 1932 of title 28, United 
     States Code, exceeding the amount of such fees in effect on 
     September 30, 2000, shall be deposited into the special fund 
     of the Treasury established under section 1931 of title 28, 
     United States Code.

     SEC. 103. TRANSFER OF RETIREMENT FUNDS.

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

[[Page S10845]]

     SEC. 104. INCREASE IN CHAPTER 9 BANKRUPTCY FILING FEE.

       Section 1930(a)(2) of title 28, United States Code, is 
     amended by striking ``$300'' and inserting ``equal to the fee 
     specified in paragraph (3) for filing a case under chapter 11 
     of title 11. The amount by which the fee payable under this 
     paragraph exceeds $300 shall be deposited in the fund 
     established under section 1931 of this title''.

     SEC. 105. INCREASE IN FEE FOR CONVERTING A CHAPTER 7 OR 
                   CHAPTER 13 BANKRUPTCY CASE TO A CHAPTER 11 
                   BANKRUPTCY CASE.

       The flush paragraph at the end of section 1930(a) of title 
     28, United States Code, is amended by striking ``$400'' and 
     inserting ``the amount equal to the difference between the 
     fee specified in paragraph (3) and the fee specified in 
     paragraph (1)''.

     SEC. 106. BANKRUPTCY FEES.

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

                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

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

       Section 631 of title 28, United States Code, is amended--
       (1) by striking the first two sentences of subsection (a) 
     and inserting the following: ``The judges of each United 
     States district court and the district courts of the Virgin 
     Islands, Guam, and the Northern Mariana Islands shall appoint 
     United States magistrate judges in such numbers and to serve 
     at such locations within the judicial districts as the 
     Judicial Conference may determine under this chapter. In the 
     case of a magistrate judge appointed by the district court of 
     the Virgin Islands, Guam, or the Northern Mariana Islands, 
     this chapter shall apply as though the court appointing such 
     a magistrate judge were a United States district court.''; 
     and
       (2) by inserting in the first sentence of paragraph (1) of 
     subsection (b) after ``Commonwealth of Puerto Rico,'' the 
     following: ``the Territory of Guam, the Commonwealth of the 
     Northern Mariana Islands,''.

     SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

       Section 636(e) of title 28, United States Code, is amended 
     to read as follows:
       ``(e) Contempt Authority.--
       ``(1) In general.--A United States magistrate judge serving 
     under this chapter shall have within the territorial 
     jurisdiction prescribed by the appointment of such magistrate 
     judge the power to exercise contempt authority as set forth 
     in this subsection.
       ``(2) Summary criminal contempt authority.--A magistrate 
     judge shall have the power to punish summarily by fine or 
     imprisonment such contempt of the authority of such 
     magistrate judge constituting misbehavior of any person in 
     the magistrate judge's presence so as to obstruct the 
     administration of justice. The order of contempt shall be 
     issued under the Federal Rules of Criminal Procedure.
       ``(3) Additional criminal contempt authority in civil 
     consent and misdemeanor cases.--In any case in which a United 
     States magistrate judge presides with the consent of the 
     parties under subsection (c) of this section, and in any 
     misdemeanor case proceeding before a magistrate judge under 
     section 3401 of title 18, the magistrate judge shall have the 
     power to punish, by fine or imprisonment, criminal contempt 
     constituting disobedience or resistance to the magistrate 
     judge's lawful writ, process, order, rule, decree, or 
     command. Disposition of such contempt shall be conducted upon 
     notice and hearing under the Federal Rules of Criminal 
     Procedure.
       ``(4) Civil contempt authority in civil consent and 
     misdemeanor cases.--In any case in which a United States 
     magistrate judge presides with the consent of the parties 
     under subsection (c) of this section, and in any misdemeanor 
     case proceeding before a magistrate judge under section 3401 
     of title 18, the magistrate judge may exercise the civil 
     contempt authority of the district court. This paragraph 
     shall not be construed to limit the authority of a magistrate 
     judge to order sanctions under any other statute, the Federal 
     Rules of Civil Procedure, or the Federal Rules of Criminal 
     Procedure.
       ``(5) Criminal contempt penalties.--The sentence imposed by 
     a magistrate judge for any criminal contempt provided for in 
     paragraphs (2) and (3) shall not exceed the penalties for a 
     Class C misdemeanor as set forth in sections 3581(b)(8) and 
     3571(b)(6) of title 18.
       ``(6) Certification of other contempts to the district 
     court.--Upon the commission of any such act--
       ``(A) in any case in which a United States magistrate judge 
     presides with the consent of the parties under subsection (c) 
     of this section, or in any misdemeanor case proceeding before 
     a magistrate judge under section 3401 of title 18, that may, 
     in the opinion of the magistrate judge, constitute a serious 
     criminal contempt punishable by penalties exceeding those set 
     forth in paragraph (5) of this subsection; or
       ``(B) in any other case or proceeding under subsection (a) 
     or (b) of this section, or any other statute, where--
       ``(i) the act committed in the magistrate judge's presence 
     may, in the opinion of the magistrate judge, constitute a 
     serious criminal contempt punishable by penalties exceeding 
     those set forth in paragraph (5) of this subsection;
       ``(ii) the act that constitutes a criminal contempt occurs 
     outside the presence of the magistrate judge; or
       ``(iii) the act constitutes a civil contempt,
     the magistrate judge shall forthwith certify the facts to a 
     district judge and may serve or cause to be served, upon any 
     person whose behavior is brought into question under this 
     paragraph, an order requiring such person to appear before a 
     district judge upon a day certain to show cause why that 
     person should not be adjudged in contempt by reason of the 
     facts so certified. The district judge shall thereupon hear 
     the evidence as to the act or conduct complained of and, if 
     it is such as to warrant punishment, punish such person in 
     the same manner and to the same extent as for a contempt 
     committed before a district judge.
       ``(7) Appeals of magistrate judge contempt orders.--The 
     appeal of an order of contempt under this subsection shall be 
     made to the court of appeals in cases proceeding under 
     subsection (c) of this section. The appeal of any other order 
     of contempt issued under this section shall be made to the 
     district court.''.

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

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

     SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIREMENTS.

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

     SEC. 205. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

       Section 332(a) of title 28, United States Code, is 
     amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) Except for the chief judge of the circuit, either 
     judges in regular active service or judges retired from 
     regular active service under section 371(b) of this title may 
     serve as members of the council. Service as a member of a 
     judicial council by a judge retired from regular active 
     service under section 371(b) may not be considered for 
     meeting the requirements of section 371(f)(1) (A), (B), or 
     (C).''; and
       (2) in paragraph (5) by striking ``retirement,'' and 
     inserting ``retirement under section 371(a) or 372(a) of this 
     title,''.

     SEC. 206. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION 
                   PLANS.

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

     SEC. 207. REPEAL OF COURT OF FEDERAL CLAIMS FILING FEE.

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

     SEC. 208. TECHNICAL BANKRUPTCY CORRECTION.

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

     SEC. 209. TECHNICAL AMENDMENT RELATING TO THE TREATMENT OF 
                   CERTAIN BANKRUPTCY FEES COLLECTED.

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

     SEC. 210. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.

        Section 3006A(d)(2) of title 18, United States Code, is 
     amended--
       (1) in the first sentence--
       (A) by striking ``$3,500'' and inserting ``$5,200''; and
       (B) by striking ``$1,000'' and inserting ``$1,500'';
       (2) in the second sentence by striking ``$2,500'' and 
     inserting ``$3,700'';
       (3) in the third sentence--
       (A) by striking ``$750'' and inserting ``$1,200''; and

[[Page S10846]]

       (B) by striking ``$2,500'' and inserting ``$3,900'';
       (4) by inserting after the second sentence the following: 
     ``For representation of a petitioner in a non-capital habeas 
     corpus proceeding, the compensation for each attorney shall 
     not exceed the amount applicable to a felony in this 
     paragraph for representation of a defendant before a judicial 
     officer of the district court. For representation of such 
     petitioner in an appellate court, the compensation for each 
     attorney shall not exceed the amount applicable for 
     representation of a defendant in an appellate court.''; and
       (5) in the last sentence by striking ``$750'' and inserting 
     ``$1,200''.

     SEC. 211. REIMBURSEMENT OF EXPENSES IN DEFENSE OF CERTAIN 
                   MALPRACTICE ACTIONS.

       Section 3006A(d)(1) of title 18, United States Code, is 
     amended by striking the last sentence and inserting 
     ``Attorneys may be reimbursed for expenses reasonably 
     incurred, including the costs of transcripts authorized by 
     the United States magistrate or the court, and the costs of 
     defending actions alleging malpractice of counsel in 
     furnishing representational services under this section. No 
     reimbursement for expenses in defending against malpractice 
     claims shall be made if a judgment of malpractice is rendered 
     against the counsel furnishing representational services 
     under this section. The United States magistrate or the court 
     shall make determinations relating to reimbursement of 
     expenses under this paragraph.''.

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

     SEC. 301. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT 
                   MATTERS.

       (a) Director of Administrative Office.--Section 611 of 
     title 28, United States Code, is amended--
       (1) in subsection (d), by inserting ``a congressional 
     employee in the capacity of primary administrative assistant 
     to a Member of Congress or in the capacity of staff director 
     or chief counsel for the majority or the minority of a 
     committee or subcommittee of the Senate or House of 
     Representatives,'' after ``Congress,'';
       (2) in subsection (b)--
       (A) by striking ``who has served at least fifteen years 
     and'' and inserting ``who has at least fifteen years of 
     service and has''; and
       (B) in the first undesignated paragraph, by striking ``who 
     has served at least ten years,'' and inserting ``who has at 
     least ten years of service,''; and
       (3) in subsection (c)--
       (A) by striking ``served at least fifteen years,'' and 
     inserting ``at least fifteen years of service,''; and
       (B) by striking ``served less than fifteen years,'' and 
     inserting ``less than fifteen years of service,''.
       (b) Director of the Federal Judicial Center.--Section 627 
     of title 28, United States Code, is amended--
       (1) in subsection (e), by inserting ``a congressional 
     employee in the capacity of primary administrative assistant 
     to a Member of Congress or in the capacity of staff director 
     or chief counsel for the majority or the minority of a 
     committee or subcommittee of the Senate or House of 
     Representatives,'' after ``Congress,'';
       (2) in subsection (c)--
       (A) by striking ``who has served at least fifteen years 
     and'' and inserting ``who has at least fifteen years of 
     service and has''; and
       (B) in the first undesignated paragraph, by striking ``who 
     has served at least ten years,'' and inserting ``who has at 
     least ten years of service,''; and
       (3) in subsection (d)--
       (A) by striking ``served at least fifteen years,'' and 
     inserting ``at least fifteen years of service,''; and
       (B) by striking ``served less than fifteen years,'' and 
     inserting ``less than fifteen years of service,''.

     SEC. 302. APPLICABILITY OF LEAVE PROVISIONS TO EMPLOYEES OF 
                   THE SENTENCING COMMISSION.

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

     SEC. 303. PAYMENTS TO MILITARY SURVIVORS BENEFITS PLAN.

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

     SEC. 304. CREATION OF CERTIFYING OFFICERS IN THE JUDICIAL 
                   BRANCH.

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

     ``Sec. 613. Disbursing and certifying officers

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

``613. Disbursing and certifying officers.''.
       (c) Rule of Construction.--The amendment made by subsection 
     (a) shall not be construed to authorize the hiring of any 
     Federal officer or employee.
       (d) Duties of Director.--Section 604(a)(8) of title 28, 
     United States Code, is amended to read as follows:
       ``(8) Disburse appropriations and other funds for the 
     maintenance and operation of the courts;''.

     SEC. 305. AUTHORITY TO PRESCRIBE FEES FOR TECHNOLOGY 
                   RESOURCES IN THE COURTS.

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

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

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

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

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

     SEC. 306. AMENDMENT TO THE JURY SELECTION PROCESS.

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

[[Page S10847]]

     SEC. 307. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR THE 
                   FEDERAL CIRCUIT.

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

     SEC. 308. RESIDENCE OF RETIRED JUDGES.

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

     SEC. 309. RECALL OF JUDGES ON DISABILITY STATUS.

       Section 797(a) of title 28, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(a)''; and
       (2) by adding at the end the following:
       ``(2) Any judge of the Court of Federal Claims receiving an 
     annuity under section 178(c) of this title (pertaining to 
     disability) who, in the estimation of the chief judge, has 
     recovered sufficiently to render judicial service, shall be 
     known and designated as a senior judge and may perform duties 
     as a judge when recalled under subsection (b) of this 
     section.''.

     SEC. 310. PERSONNEL APPLICATION AND INSURANCE PROGRAMS 
                   RELATING TO JUDGES OF THE COURT OF FEDERAL 
                   CLAIMS.

       (a) In General.--Chapter 7 of title 28, United States Code, 
     is amended by inserting after section 178 the following:

     ``Sec. 179. Personnel application and insurance programs

       ``(a) For purposes of construing and applying title 5, a 
     judge of the United States Court of Federal Claims shall be 
     deemed to be an `officer' under section 2104(a) of such 
     title.
       ``(b) For purposes of construing and applying chapter 89 of 
     title 5, a judge of the United States Court of Federal Claims 
     who--
       ``(1) is retired under section 178 of this title; and
       ``(2) was enrolled in a health benefits plan under chapter 
     89 of title 5 at the time the judge became a retired judge,
     shall be deemed to be an annuitant meeting the requirements 
     of section 8905(b)(1) of title 5, notwithstanding the length 
     of enrollment prior to the date of retirement.
       ``(c) For purposes of construing and applying chapter 87 of 
     title 5, including any adjustment of insurance rates by 
     regulation or otherwise, a judge of the United States Court 
     of Federal Claims in regular active service or who is retired 
     under section 178 of this title shall be deemed to be a judge 
     of the United States described under section 8701(a)(5) of 
     title 5.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 7 of title 28, United States Code, is 
     amended by striking the item relating to section 179 and 
     inserting the following:

``179. Personnel application and insurance programs.''.

     SEC. 311. LUMP-SUM PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE 
                   ON SEPARATION.

       Section 5551(a) of title 5, United States Code, is amended 
     in the first sentence by striking ``or elects'' and inserting 
     ``, is transferred to a position described under section 
     6301(2)(xiii) of this title, or elects''.

     SEC. 312. EMPLOYMENT OF PERSONAL ASSISTANTS FOR HANDICAPPED 
                   EMPLOYEES.

       Section 3102(a)(1) of title 5, United States Code, is 
     amended--
       (1) in subparagraph (A) by striking ``and'';
       (2) in subparagraph (B) by adding ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(C) an office, agency, or other establishment in the 
     judicial branch;''.

     SEC. 313. MANDATORY RETIREMENT AGE FOR DIRECTOR OF THE 
                   FEDERAL JUDICIAL CENTER.

       (a) In General.--Section 627 of title 28, United States 
     Code, is amended--
       (1) by striking subsection (a); and
       (2) by redesignating subsections (b) through (f) as 
     subsections (a) through (e), respectively.
       (b) Technical and Conforming Amendments.--Section 376 of 
     title 28, United States Code, is amended--
       (1) in paragraph (1)(D) by striking ``subsection (b)'' and 
     inserting ``subsection (a)''; and
       (2) in paragraph (2)(D) by striking ``subsection (c) or 
     (d)'' and inserting ``subsection (b) or (c)''.

                   TITLE IV--FEDERAL PUBLIC DEFENDERS

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

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

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. EXTENSIONS RELATING TO BANKRUPTCY ADMINISTRATOR 
                   PROGRAM.

       Section 302(d)(3) of the Bankruptcy Judges, United States 
     Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 
     581 note) is amended--
       (1) in subparagraph (A), in the matter following clause 
     (ii), by striking ``or October 1, 2002, whichever occurs 
     first''; and
       (2) in subparagraph (F)--
       (A) in clause (i)--
       (i) in subclause (II), by striking ``or October 1, 2002, 
     whichever occurs first''; and
       (ii) in the matter following subclause (II), by striking 
     ``October 1, 2003, or''; and
       (B) in clause (ii), in the matter following subclause 
     (II)--
       (i) by striking ``before October 1, 2003, or''; and
       (ii) by striking ``, whichever occurs first''.

     SEC. 502. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT 
                   OF OREGON.

       Section 117 of title 28, United States Code, is amended by 
     striking ``Eugene'' and inserting ``Eugene or Springfield''.


                           Amendment No. 4332

  Mr. SESSIONS. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alabama [Mr. Sessions], for Mr. Hatch, 
     proposes an amendment numbered 4332.

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. HATCH. Mr. President, this amendment in the nature of a 
substitute is the product of negotiations between myself and Senator 
Leahy, the ranking member of the Judiciary Committee, and Senators 
Grassley and Torricelli, the chairman and ranking member of the 
Administrative Oversight and the Courts Subcommittee. It is my hope 
that the Senate will act speedily to pass S. 2915, with this amendment, 
and return it to the House for that body's approval.
  As chairman of the Judiciary Committee, I have the responsibility to 
review the operation of federal court process and procedures. In doing 
so, I have strived to ensure that our federal judicial system is 
administered in an efficient and cost-effective manner, while 
maintaining a high level of quality in the administration of justice. 
The substitute amendment I am offering today includes numerous changes 
to our laws that the Judicial Conference, the governing body of the 
federal courts, believes are necessary to improve the functions of our 
courts. They are changes that I believe will help increase the 
efficiency of the federal judiciary, while ensuring that justice is 
served.
  The amendment contains provisions that reduce unnecessary expenses 
and improve the efficiency of the judicial system. Specifically, it 
extends civil and criminal contempt authority to magistrate judges so 
that they can perform more effectively their existing statutory duties 
for the district court. It also authorizes magistrate judges (1) to try 
misdemeanor cases involving juveniles (cases that currently are tried 
in district court) and (2) to try all petty offense cases without first 
having to obtain the consent of the defendant. Making these changes 
will reduce caseload burdens on district judges, thereby permitting 
district judges more time to handle more serious crimes and more 
serious offenders.
  The amendment also contains provisions that decrease the amount of 
time judges must devote to non-judicial matters. For example, one such 
provision raises the maximum compensation level paid to federal or 
community defenders representing defendants appearing before magistrate 
or district judges before they must seek a waiver for payment in excess 
of the prescribed maximum. Currently, payment in excess of the maximum 
requires the approval of both the judge who presided over the case and 
the chief judge of the

[[Page S10848]]

court. Because the last increase in the maximum compensation level was 
enacted 14 years ago, federal and community defenders are forced to 
seek payment waivers in a significant number of cases. As a 
consequence, judges are forced to spend more time acting as an 
administrator (attending to ministerial matters) and less time acting 
as a judge (attending to their civil and criminal dockets). The 
amendment remedies this problem.
  In addition, the amendment contains a provision designed to address 
the growing trend of Criminal Justice Act (``CJA'') panel attorneys 
being subject to unfounded suits by the defendants they formerly 
represented. Under current law, CJA panel attorneys must pay their own 
legal expenses in defending malpractice suits brought by former 
clients. The result is a chilling effect on the willingness of 
attorneys to participate as CJA panel attorneys--a chilling effect that 
serves only to make the obtaining of adequate representation for 
defendants more difficult. Under current law, the Director of the 
Administrative Office of the United States Courts is authorized to 
provide representation for and indemnity to federal and community 
defender organizations for malpractice claims that arise as a result or 
furnishing representational services. No such provision, however, is 
made for CJA panel attorneys. The amendment rectifies this situation 
and provides CJA panel attorneys with the same protection afforded 
other federal defenders.
  Importantly, the amendment contains provisions designed to assist 
handicapped employees working for the federal judiciary. These 
provisions bring the federal judiciary into alignment with the 
Executive Branch and other government bodies.
  The amendment also contains a provision extending for four years the 
authority of the U.S. Supreme Court Police to provide security beyond 
the Supreme Court building and grounds for Justices, Court employees, 
and official visitors. Under current law, this authority will terminate 
automatically on December 29, 2000. Because security concerns of the 
Justices and employees of the Supreme Court have not diminished, it is 
essential that the off-grounds authority of the Supreme Court Police be 
continued without interruption.
  I have touched on only a few of the provisions contained in this 
amendment. This amendment sets forth a number of other provisions 
designed to improve judicial financial and personnel administration, 
judicial process, and other court-related matters. Each of these 
provisions is intended to enhance the operation of the federal 
judiciary. It is my hope that my colleagues in the Senate will agree to 
this amendment quickly, that the House will do likewise, and that this 
legislation will be signed by the President in short order.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the 
amendment be agreed to, the committee amendment, as amended, be agreed 
to, the bill be read the third time and passed, the motion to 
reconsider be laid upon the table, and that any statements relating to 
the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4332) was agreed to.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2915), as amended, was read the third time and passed.

                          ____________________