[House Report 105-437]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
 2d Session             HOUSE OF REPRESENTATIVES                105-437
_______________________________________________________________________


 
                 FEDERAL COURTS IMPROVEMENT ACT OF 1998

                                _______
                                

 March 12, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Coble, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                        [To accompany H.R. 2294]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2294) to make improvements in the operation and 
administration of the Federal courts, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
The Amendment..............................................           2
Purpose and Summary........................................          12
Background and Need for the Legislation....................          13
Hearings...................................................          13
Committee Consideration....................................          13
Committee Oversight Findings...............................          14
Committee on Government Reform and Oversight Findings......          14
New Budget Authority and Tax Expenditures..................          14
Committee Cost Estimate....................................          14
Constitutional Authority Statement.........................          14
Section-by-Section Analysis and Discussion.................          14
Agency Views...............................................          20
Changes in Existing Law Made by the Bill, as Reported......          26

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.
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. Renumbering of bankruptcy court fee schedule.

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

Sec. 301. Judicial retirement matters.
Sec. 302. Disability retirement and cost-of-living adjustments of 
annuities for territorial judges.
Sec. 303. Federal Judicial Center personnel matters.
Sec. 304. Judicial administrative officials retirement matters.
Sec. 305. Judges' firearms training.
Sec. 306. Exemption from jury service.
Sec. 307. Expanded workers' compensation coverage for jurors.
Sec. 308. Property damage, theft, and loss claims of jurors.
Sec. 309. Annual leave limit for court unit executives.
Sec. 310. Transfer of county to Middle District of Pennsylvania.
Sec. 311. Creation of two divisions in Eastern District of Louisiana.
Sec. 312. District judges for the Florida district courts.
Sec. 313. Change in composition of divisions in Western District of 
Tennessee.
Sec. 314. Payments to military survivors benefits plan.
Sec. 315. Creation of certifying officers in the judicial branch.
Sec. 316. 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) 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 subsequent to the fiscal year in which 
this paragraph is enacted and 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, 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 the 
        Defender Services appropriation 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 Bureau of Prison facilities.
    ``(B) The amount to be transferred--
            ``(i) shall be a portion of the total amount to be 
        transferred from the combined fiscal year deposits into both 
        the Fund and the Department of the Treasury Asset Forfeiture 
        Fund established by section 9703 of title 31, United States 
        Code (hereafter referred to as `both Funds'), which total 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.
            ``(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) 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 
subsequent to the fiscal year in which this subsection is enacted and 
each fiscal year thereafter, an amount necessary to meet the transfer 
requirements of section 524(c)(9) of title 28 shall be transferred to 
the Judiciary, and shall be subject to the same limitations, terms, and 
conditions specified in that section for transfers to the Judiciary 
from the Department of Justice Asset Forfeiture Fund.''.
    (c) 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 409(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, 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 No. 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 1997 and thereafter, any portion of miscellaneous 
fees collected as prescribed by the Judicial Conference of the United 
States pursuant to section 1913, 1914(b), 1926(a), 1930(b), and 1932 of 
title 28, United States Code, exceeding the amount of such fees 
established on the date of the enactment of this Act 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 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 section.
            ``(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 such 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 subsection 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, or
                            ``(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 section 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) 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) 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 the phrase 
                ``other class B or C misdemeanor case'' and inserting 
                ``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 to carry 
out this Act.''.

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 pursuant to 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. RENUMBERING OF BANKRUPTCY COURT FEE SCHEDULE.

    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 in the 
first sentence by striking ``for any service enumerated after item 18'' 
and inserting ``for any fee implemented after November 21, 1989''.

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

SEC. 301. JUDICIAL RETIREMENT MATTERS.

    Section 371 of title 28, United States Code, is amended--
            (1) in subsection (a) by inserting ``(1)'' after 
        ``subsection (c)'';
            (2) in subsection (b)(1) by inserting ``(2)'' after 
        ``subsection (c)''; and
            (3) in subsection (c)--
                    (A) by inserting ``(1)'' after ``(c)'';
                    (B) by striking ``this section'' and inserting 
                ``subsection (a)''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) The age and service requirements for retirement under 
subsection (b)(1) are as follows:

``Attained age:                                       Years of Service:
        60.....................................................     20 
        61.....................................................     19 
        62.....................................................     18 
        63.....................................................     17 
        64.....................................................     16 
        65.....................................................     15 
        66.....................................................     14 
        67.....................................................     13 
        68.....................................................     12 
        69.....................................................     11 
        70.....................................................   10''.

SEC. 302. 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 (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) 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. 303. 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 Servive'' 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''; and
            (2) in subsection (c) by striking ``, United States Code,'' 
        each place it appears.

SEC. 304. 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 Representative,'' 
        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 Representative,'' 
        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. 305. 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 United States District Court of Guam;
            ``(7) a judge of the United States District Court for the 
        Northern Mariana Islands;
            ``(8) a judge of the United States 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. 306. 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. 307. 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 ``, 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'' before the 
        period at the end of clause (D).

SEC. 308. 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 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. 309. 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. 310. 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. 311. 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 or in the United States District 
        Court for the Western 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. 312. 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 
        judge named to fill a temporary judgeship created by this 
        subsection, 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. 313. 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, 
        empaneled, or actually serving in the Western Judicial District 
        of Tennessee on the effective date of this section.

SEC. 314. 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. 315. 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. These 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 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. These 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. 316. 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 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.''.

               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) 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.''.

                          Purpose and Summary

    The Subcommittee on Courts and Intellectual Property 
exercises the jurisdiction of the Committee on the Judiciary to 
oversee the operation of the Article III federal judiciary. 
H.R. 2294, the ``Federal Courts Improvement Act of 1997,'' 
contains several provisions that are needed to improve the 
Federal Court System. It is designed to improve administration 
and procedures, eliminate operational inefficiencies, and, to 
the extent prudent, reduce operating expenses.
    The bill affects a wide range of judicial branch programs 
and operations. Provisions affecting the Judiciary Information 
Technology Fund and the disposition of miscellaneous fees are 
included. Provisions altering the composition of judicial 
districts are included. The bill also contains provisions 
regarding territorial judges and several other personnel 
matters.

                  Background and Need For Legislation

    The Subcommittee on Courts and Intellectual Property 
Chairman, Howard Coble, introduced H.R. 2294, the ``Federal 
Courts Improvement Act of 1997,'' on July 30, 1997. The bill 
was introduced at the request of the Judicial Conference of the 
United States.
    Periodically, the Judicial Conference submits to Congress a 
list of recommendations that it believes are necessary to 
improve the Federal Court System. The Judicial Conference is 
supported by the Administrative Office of the United States 
Courts. It is the policy making body of the federal judiciary, 
and through a committee system evaluates court operations. 
Also, the circuit judicial councils of the regional districts 
have statutory responsibility for certain administrative and 
operational matters. Most of the provisions of H.R. 2294 were 
developed within the judiciary and approved by the Judicial 
Conference.
    After the hearing held by the Subcommittee on Courts and 
Intellectual Property on H.R. 2294 on October 9, 1997, the 
Subcommittee marked up the bill on February 26, 1998. The 
Subcommittee Chairman, Howard Coble, and the Ranking Member, 
Barney Frank, offered amendments en bloc which removed certain 
controversial provisions and added proposals from other Members 
and Subcommittee members, such as altering the composition of 
judicial districts. The amendments en bloc were adopted and the 
Subcommittee favorably reported H.R. 2294, to the full 
committee as a single Amendment in the Nature of a Substitute. 
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.

                                Hearings

    The Committee's Subcommittee on Courts and Intellectual 
Property held a legislative hearing on H.R. 2294 on October 9, 
1997. Testimony was received from Peter R. Steenland, U.S. 
Department of Justice; the Honorable D. Brock Hornby, Chief 
Judge, U.S. District Court of Maine; the Honorable Philip M. 
Pro, U.S. District Court, Chairman, Judicial Conference 
Committee on Judges; the Honorable Tommy E. Miller, U.S. 
Magistrate Judge, President, Federal Magistrate Judges 
Association; Mitchell F. Dolin, Esq., on behalf of the American 
Bar Association; the Honorable Elizabeth Kovachevich, Chief 
Judge, United States District Court, Middle District of 
Florida; and the Honorable Julia Smith Gibbons, Chief Judge, 
U.S. District Court, Chair, Committee on Judicial Resources.

                        Committee Consideration

    On February 26, 1998, the Subcommittee on Courts and 
Intellectual Property met in open session and ordered reported 
the bill H.R. 2294, as amended, by voice vote, a quorum being 
present. On March 3 and 4, 1998, the Committee met in open 
session and ordered reported favorably the bill H.R. 2294, as 
amended, by voice vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 2(1)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of Rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(1)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(1)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

                        Committee Cost Estimate

    In compliance with clause 7(a) of rule XIII of the Rules of 
the House of Representatives, the Committee believes that the 
cost incurred in carrying out H.R. 2294 would be approximately 
$800,000.

                   Constitutional Authority Statement

    Pursuant to Rule XI, clause 2(1)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article III, section 1 of the Constitution.

               Section-by-Section Analysis and Discussion

Section 101: Reimbursement of Judiciary for Civil and Criminal 
        Forfeiture Expenses
    This section amends 28 U.S.C. Sec. 524(c) to authorize 
reimbursement of the Judicial Branch, out of funds in the 
Department of Justice Asset Forfeiture Fund and the Department 
of Treasury Asset Forfeiture Fund, for certain expenses 
incurred by the Judicial Branch in connection with 
adjudications of asset forfeitures, the provision of defense 
services pursuant to the Criminal Justice Act, 18 U.S.C. 
Sec. 3006A, or pursuant to 21 U.S.C. Sec. 848 (q), to persons 
whose assets have been forfeited, and the furnishing of home 
detention services and equipment.
Section 102: Transfer of Retirement Funds
    This amendment would allow the judiciary's contribution to 
the Civil Service Retirement Fund (CSRF) to be paid back to the 
judiciary when bankruptcy and magistrate judges for whom the 
contributions were made elect to transfer from the Civil 
Service Retirement System (CSRS) or the Federal Employees' 
Retirement System (FERS) to the 28 U.S.C. Sec. 377 retirement 
program established by the provisions of the Retirement and 
Survivors' Annuities for Bankruptcy Judges and Magistrates Act 
of 1988 (Pub. L. No. 100-659).
Section 103: Extension of the Judiciary Information Technology Fund
    This amendment eliminates the provision in the statute 
authorizing the Judiciary Information Technology Fund, which 
subjects the activities of this Fund to the management process 
of the executive branch. It also makes minor clerical 
corrections.
Section 104: Bankruptcy Fees
    This section would authorize the Judicial Conference to 
implement fees in the bankruptcy administrator program in the 
judicial districts in the states of Alabama and North Carolina 
similar to those currently imposed by 28 U.S.C. 
Sec. 1930(a)(6). In 1986, Congress expanded an 18-Court pilot 
program of U.S. Trustees into the U.S. Trustee Program, with 
U.S. Trustees in twenty-one regions throughout the country. 
Bankruptcy Judges, United States Trustees, and Family Farmer 
Bankruptcy Act of 1986, Public Law 99-554, 100 Stat. 3088 
(1986). This act also authorized the Judicial Conference to 
establish bankruptcy administrators programs, in lieu on the 
U.S. Trustee program, in six judicial districts in the states 
of Alabama and North Carolina. Currently, debtors in the U.S. 
trustee and bankruptcy administrator districts pay the same 
filing fees when filing, but chapter 11 debtors in bankruptcy 
administrator districts are not subject to the additional fees 
on quarterly disbursements that are levied on chapter 11 
debtors in U.S. trustee districts.
Section 105: Disposition of Miscellaneous Fees
    This provision would allow the judiciary to retain any 
additional offsetting receipts derived from increases in 
miscellaneous fees charged in the federal courts of appeals, 
district courts, bankruptcy courts, the Court of Federal 
Claims, and the Judicial Panel on Multi-district Litigation. 
This provision responds to a directive from congressional 
appropriations committees that the Judiciary identify ways to 
increase offsetting receipts.
Section 201: Extension of Statutory Authority for Magistrate Judge 
        Positions to be Established in the District courts of Guam and 
        the Northern Mariana Islands
    This section is the result of the Judicial Conference's 
conclusion that it was appropriate to seek an amendment to the 
Federal Magistrates Act, 28 U.S.C. Sec. Sec. 631-639 as 
amended, to extend authority to establish magistrate judge 
positions to the district courts of Guam and the Northern 
Mariana Islands. Currently, the Act does not authorize the 
Judicial Conference to establish magistrate judge positions 
there.
Section 202: Magistrate Contempt Authority
    Section 636(e)(1)--This section provides that a U.S. 
magistrate judge shall be given the power to exercise contempt 
authority as set forth in the other provisions of the amended 
Sec. 636(e) within the territorial jurisdiction prescribed by 
his or her appointment.
    Section 636(e)(2)--This section provides magistrate judges 
with summary criminal contempt authority to punish any 
misbehavior occurring in their presence.
    Section 636(e)(3)--This provision gives magistrate judges 
additional criminal contempt authority in civil consent cases 
under 28 U.S.C. Sec. 636(c). This section also provides 
expanded criminal contempt authority to magistrate judges in 
misdemeanor cases under 18 U.S.C. Sec. 3401.
    Section 636(e)(4)--This section authorizes magistrate 
judges to exercise civil contempt authority in civil consent 
cases under 28 U.S.C. Sec. 636(c), and in misdemeanor cases 
under 18 U.S.C. Sec. 3401.
    Section 636(e)(5)--This section establishes limits on the 
penalties magistrate judges may impose for criminal contempts.
    Section 636(e)(6)--This section provides that the 
certification procedure set forth in the current 28 U.S.C. 
Sec. 636(e) shall remain in tact when conduct is so egregious 
as to require more severe punishment.
Section 203: Consent to Magistrate Judge Authority in Petty Offense 
        Cases and Magistrate Judge Authority in Misdemeanor Cases 
        Involving Juvenile Defendants
    Currently, U.S. Magistrate Judges may try petty offense 
cases that are Class B misdemeanors charging a motor vehicle 
offense, Class C misdemeanors, and infractions, without the 
consent of the defendant. This new section removes the consent 
requirement in all other petty offense cases involving juvenile 
defendants.
Section 204: Savings and Loan Data Reporting Requirements
    This section would eliminate the Congressional requirement 
that the Administrative Office report data regarding savings 
and loan cases.
Section 205: Place of Holding Court in the Eastern District of Texas
    This amendment would implement the March 1991 Judicial 
Conference proposal to designate Plano, Texas as a place of 
holding court in the Eastern District of Texas. In addition, 
the provision clarifies that court for the Eastern District of 
Texas and the Western District of Arkansas may be held anywhere 
in the Federal Courthouse which sits astride the Texas-Arkansas 
state line.
Section 206: Federal Substance Abuse Treatment Program Reauthorization
    This amendment reauthorizes appropriations for fiscal year 
1998 and subsequent years ``such sums as may be necessary to 
carry out'' the drug and alcohol aftercare program for federal 
offenders administered by the Probation and Pretrial Services 
Division of the Administrative Office of the United States 
Courts pursuant to the authority granted in the Director of the 
Administrative Office under 18 U.S.C. Sec. 3672.
Section 207: Membership in Circuit Judicial Councils
    This section amends 28 U.S.C. Sec. 332(a) to enhance judge 
participation in the federal judiciary's internal governance 
process by equalizing the representation of circuit judges and 
district judges on circuit judicial councils and establishing 
the eligibility of senior circuit and district judges to serve 
as members of those councils.
Section 208: Sunset of Civil Justice Expense and Delay Reduction Plans
    The section would make it clear that this provision is not 
to be extended.
Section 209: Repeal of Court of Federal Claims Filing Fee
    This section would repeal Sec. 2520 of title 28 United 
States Code, which provides for a filing fee for the United 
States Court of Federal Claims. The statute predates the 
Judicial Conference's authorization to establish a 
miscellaneous fee schedule for the Court of Federal Claims 
under Sec. 1926 of title 28 United States Code, and therefore 
is no longer necessary.
Section 210: Technical Bankruptcy Correction
    This section makes technical corrections to title 11, 
United States Code.
Section 211: Renumbering of Bankruptcy Court Fee Schedule
    This section would allow for the renumbering of the 
Bankruptcy Fee Schedule that is required due to the repeal of 
outdated fees, while retaining the current revenue structure.
Section 301: Judicial Retirement Matters
    This section would change the ``rule of 80'' age and 
service requirements for retirement to senior status by 
justices and Article II judges under 28 U.S.C. Sec. 371(b) by 
authorizing justices and judges to retire to senior status as 
early as age 60 so long as the combined age and years of 
service equals 80.
Section 302: Disability Retirement and Cost-of Living Adjustments of 
        Annuities for Territorial Judges
    This section gives territorial judges in the district 
courts of Guam, the Northern Mariana Islands, and the Virgin 
Islands comparable retirement arrangements as other judges.
Section 303: Federal Judicial Center Personnel Matters
    This amendment would restore the parity in the salary 
levels of the Federal Judicial Center's senior staff and that 
of the Administrative Office of the United States Courts by 
authorizing the Director of the Center to set the compensation 
of a limited number of Center professional employees at levels 
equivalent to Level IV of the Executive Schedule pay rates.
Section 304: Judicial Administrative Officials Retirement Matters
    This section allows credit for prior legislative branch 
service of a comparable rank and responsibility to the 
Executive Branch service for purposes of retirement by the 
Directors of the Administrative Office of the United States 
Courts and the Federal Judicial Center and the Administrative 
Assistant to the Chief Justice of the United States. Credit 
would be given for service as an administrative assistant to a 
Member of Congress or as staff director or chief counsel for a 
committee or subcommittee.
Section 305: Judges' Firearms Training
    This section would create a statute authorizing federal 
judges (including magistrate judges and bankruptcy judges) to 
carry firearms for purposes of personal security and to 
establish a firearms training program.
Section 306: Exemption from Jury Service
    This section eliminates two categories of exemptions from 
jury service: (1) members of state or local fire or police 
departments; and (2) ``public officers'' of federal and state 
governments.
Section 307: Expanded Workers' Compensation Coverage for Jurors
    The Jury Act currently extends Federal Employees' 
Compensation Act coverage to persons summoned for jury duty in 
the federal courts when they are ``(A) in attendance at court 
pursuant to a summons, (B) in deliberation, C) sequestered by 
order of a judge, or (D) at a site, by order of the court, for 
the taking of a view.'' 28 U.S.C. Sec. 1877(b)(2). This 
amendment extends FECA protection to jurors while they are 
traveling to or from court.
Section 308: Property Damage, Theft, and Loss Claims of Jurors
    This section would authorize the Director of the 
Administrative Office of the United States Courts to compensate 
jurors and prospective jurors for their personal property when 
it is lost or damaged during their official service.
Section 309: Annual Leave Limit for Court Unit Executives
    This section would amend section 6304(f) of title 5, United 
States Code, in order to exempt court unit executive positions 
designated by the Judicial Conference of the United States from 
the provisions of the Leave Act that prevent most Federal 
employees from carrying over more than 240 hours of annual 
leave from one year to the next. Instead, it would make 
applicable to court unit executives the 720 hour maximum carry 
over amount of annual leave that has already been established 
for members of the Executive Branch's Senior Executive 
Services.
Section 310: Transfer of County to Middle District of Pennsylvania
    This section will transfer Schuylkill County into the 
Middle District of Pennsylvania.
Section 311: Creation of Two Divisions in Eastern District of Louisiana
    This section will create two divisions in the Eastern 
District of Louisiana.
Section 312: District Judges for the Florida District Courts
    This section directs the President to appoint three 
additional district judges for the middle district of Florida 
and two additional judges for the southern district of Florida. 
It also provides for the appointment of one additional 
temporary district judge in the middle district of Florida.
Section 313: Change in Composition of Divisions in Western District of 
        Tennessee
    This section will transfer Dyer County into the Eastern 
division of the Western District of Tennessee.
Section 314: Payments to Military Survivors Benefits Plan
    This section entitles Article III judges to have 
contributions made to the Military Survivor Benefit Plan on 
their behalf from the military retirement fund even though they 
are ineligible to receive retired pay from that fund while in 
regular active service. These judges, unlike other former 
military retirees employed by the federal government, do not 
have contributions made to the MSBP on their behalf from the 
military retirement fund, as is provided under the Dual 
Compensation Act 5 U.S.C. Sec. 5532(c)(2)(B).
Section 315: Creation of Certifying Officers in the Judicial Branch
    This section would enable the Director of the 
Administrative Office of the United States Courts to appoint 
certifying officials in the various court units who would be 
responsible for the propriety of payments they request. It 
would also enable the Director of the AO to appoint disbursing 
officials in the various court units who would be responsible 
for ensuring that payment requests are proper, certified and 
approved.
Section 316: Authority to Prescribe Fees for Technology Resources in 
        the Courts
    This section provides the judiciary with the authority to 
set, collect, and retain fees for the use of information 
technologies, such as electronic filing, video conferencing, 
and electronic evidence presentation devices.
Section 401: Maximum Amounts of Compensation
    This section would increase the case compensation maximum 
amounts for attorneys by approximately the rate of inflation 
since 1986 (43.3%), the last year case compensation maximums 
were increased. This section would also change the case 
compensation maximum applicable to counsel representing non-
capital habeas corpus petitioners.
Section 402: Maximum Amounts of Compensation for Services Other than 
        Counsel
    This section would increase the compensation maximums of 
investigators, experts, and other service providers by 
approximately the rate of inflation since 1986 (43.3%), the 
last year case compensation maximums were increased.
Section 403: Tort Claims Act Amendment Relating to Liability of Federal 
        Public Defenders
    The amendment made by this section would exempt federal 
public defenders from the Tort Claims Act for claims related to 
representational services and rely instead on the malpractice 
provisions of 18 U.S.C. Sec. 3006A(g)(3) specifically enacted 
in 1986 to deal with such claims.

                              Agency Views

                        U.S. Department of Justice,
                             Office of Legislative Affairs,
                                 Washington, DC, February 25, 1998.
Hon. Howard Coble, Chairman,
Subcommittee on Courts and Intellectual Property,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: This letter presents the views of the 
Department of Justice on H.R. 2294, the ``Federal Courts 
Improvement Act of 1997,'' and on H.R. 2603, the ``Alternative 
Dispute Resolution and Settlement Encouragement Act.'' Our 
views about section 2 of H.R. 2603 are reflected in the 
testimony of Peter Steenland, Senior Counsel for Alternative 
Dispute Resolution, offered at the hearing on that bill on 
October 9, 1997.

                               H.R. 2294

Section 101: Final Judgments by Bankruptcy Judges in Non-Core Cases
    The Department strongly opposes section 101. Section 101 
would allow a bankruptcy judge to enter the final judgment in a 
``non-core'' bankruptcy case where a party failed to object 
timely (and, thus, is ``deemed to consent'') to the bankruptcy 
judge's proposed findings of fact and conclusions of law.
    Current law requires an Article III district court to enter 
the final judgment in a non-core case after ``considering'' a 
bankruptcy judge's proposed findings of fact and conclusions of 
law and after ``reviewing de nova'' a party's timely 
objections. 28 U.S.C. Sec. 157 (c)(1). The Congress crafted the 
current law in 1984 to cure the constitutional defects found by 
the Supreme Court in Northern Pipeline Construction Co. v. 
Marathon Pipeline Co., 458 U.S. 50 (1982). There, the Supreme 
Court struck down the bankruptcy court system created by the 
1978 Bankruptcy Reform Act because it unconstitutionally 
conferred too much of the Article III judicial power of the 
United States upon a non-Article III officer. A key feature of 
Congress' curative legislation was the bifurcation of 
bankruptcy jurisdiction into two categories: (1) traditional 
bankruptcy matters, known as ``core'' cases; and (2) those 
cases on the periphery of bankruptcy jurisdiction, designated 
as ``non-core.'' Responding to Marathon, Congress required 
special review of bankruptcy judges, ``non-core'' decisions by 
the Article III district court. The special treatment for non-
core canes is designed to ensure that the district courts 
exercise the ``essential attributes of judicial power'' in such 
cases. Id. at 81-88. See also United States v. Raddatz, 447 
U.S. 667, 682 (magistrates can constitutionally decide the 
admissibility of a confession in a criminal case because the 
authority and responsibility for making a final decision 
remains with the Article III judge).
    By tampering with this feature of the 1984 curative 
legislation, section 101 threatens to upset the delicate 
balance struck by Congress in the 1984 amendments. In the 
Department of Justice's defense of the current bankruptcy court 
system against Article III-based challenges, it stresses that 
the bankruptcy judge is an adjunct of the Article III district 
court, especially in non-core case. Proposed section 101 could 
hinder our arguments in defending the constitutionality of the 
current scheme if that scheme were seen as diluting the Article 
III court's authority to enter the final decision. The Supreme 
Court has yet to uphold the existing system. In view of the 
dislocation and hardships that would result if the system were 
once again found unconstitutional, the limited administrative 
gains sought through the proposed change are not worth the 
incremental risks that the change would entail.
Section 201: Reimbursement of Judiciary for Civil ad Criminal 
        Forfeiture Expenses
    This provision mirrors a provision contained in legislation 
offered in the 104th Congress which the Department opposed. 
Although payment of appropriate costs for indigent defense is 
fundamental to proper operation of the justice system, we do 
not believe that this provision in an appropriate mechanism and 
we continue to oppose it strongly.
    Section 201 would require an annual transfer from the 
Justice and Treasury Asset Forfeiture Funds to the Judiciary of 
an amount stated by the Administrative Office of the United 
States Courts (``AOUSC'') to be the costs to the Judicial 
branch of processing civil and criminal forfeiture cases, not 
to exceed the lesser of $50,000,000 or 10% of deposits into the 
Funds. This transfer would be to cover the costs of 
adjudicating civil and criminal forfeiture cases, the costs of 
providing counsel to indigent defendants in such cases, and 
certain other costs that are the responsibility of the 
Judiciary. Proposed 28 U.S.C. Sec. 524(c)(12)(A). These funds 
would be transferred into a special operating account to offset 
operating appropriations for the Judicial branch. See 28 U.S.C. 
Sec. 1931.
    We have serious reservations about the possibility that the 
Judicial branch may obtain a pecuniary benefit from judicial 
decisions forfeiting assets or funds to the United States. The 
judicial function, unique among governmental functions, should 
not have even the appearance of taint from a conflict of 
interest, that is, the possible appearance that the transfer of 
forfeited funds into the accounts of the Judicial branch could 
have influenced the judicial decision about the propriety of 
the forfeiture. Cf. Ward v. City of Monroeville, 409 U.S. 57 
(1972) (pecuniary interest in outcome violates due process).
    Section 201 also provides for the recovery of costs for 
probationary supervision of defendants under home detention or 
other forms of detainment outside of Bureau of Prison 
facilities. These costs are unrelated to forfeiture and should 
be funded through the normal appropriations process. If this 
proposal is, in fact, one for reimbursement of processing 
costs, this provision should not be included.
    Finally, section 201 does not seem to reflect that funds 
which may have been deposited into the asset forfeiture funds 
do not necessarily constitute ``cash'' available for transfer 
to the courts. First, deposited value may be subject to other 
legal constraints and assets may have to be sold to create a 
liquid amount for any transfer. Moreover, funds deposited or 
other asset forfeitures may be paid to lien holders, victims of 
the crime committed by the defendant, or others with superior 
rights.
Section 301: Removal of Cases under the Employee Retirement Income 
        Security Act
    Section 301 mirrors a provision contained in legislation 
introduced in the 104th Congress that the Department supported. 
We agree with section 301's provision that cases arising under 
ERISA need not always be removed to Federal court. Indeed, most 
such cases can be speedily and fairly tried in State court. 
This simple provision should end removal of many simple benefit 
claims from State court to the Federal court merely because 
they arise under ERISA.
Section 305: Magistrate Judge Contempt Authority
    Section 305 would amend the Federal Magistrates Act to vest 
magistrate judges with criminal contempt authority for contempt 
committed in the magistrate's presence and disobedience of the 
magistrate's orders in civil consent and misdemeanor cases. In 
civil consent and misdemeanor cases, it would provide to 
magistrate judges the civil contempt authority of the district 
court. We note that giving contempt power to non-Article III 
judges raises some constitutional concerns.
    Although this is an unsettled area of law, we believe that 
there is a possibility that a magistrate judge's exercise of 
contempt authority could be held unconstitutional as an 
exercise of authority that the Constitution reserves to Article 
III judges. In upholding the constitutionality of the Federal 
Magistrate Act provision permitting magistrate judges to try 
civil cases with the consent of the parties and enter judgment 
with respect to them, a Federal appellate court found it 
significant that magistrate judges had not been given contempt 
authority under the Magistrates Act. Geras v. Lafayette Display 
Fixtures, Inc., 742 F.2d 1037, 1044 (7th Cir. 1984). The court 
noted that the Act, in placing the criminal contempt power 
``exclusively in the hands of Article III judicial officers 
would seem, for present purposes at least, to provide an 
adequate distinction between such judges and non-Article III 
officers.'' Id. The court added that ``[t]his clear line also 
serves to limit the ultimate exercise of judicial power to 
persons enjoying the constitutional guarantee of 
independence.'' Id. Accord Bingham v. Ward, 100 F.3d 653, 657 
(9th Cir. 1996) (``The power to hold persons in criminal 
contempt is not only awesome, but is also an inherent power of 
Article III judges.'') cert. den. 117 S. Ct. 1473 (1997).
    These same constitutional concerns are also raised by 
existing statutory provisions conferring contempt authority on 
the Court of Veterans Appeals (38 U.S.C. Sec. 7265 (1994)) and 
the Tax Court (26 U.S.C. Sec. 7456 (c) (1994)). See, e.g., In 
re Hipp. Inc., 895 F.2d 1503, 1513 & n.20 (5th Cir. 199O) 
(expressing doubt as to the constitutionality of the Tax 
Court's criminal contempt power); In re Cox Cotton Co., 24 B.R. 
930, 947-52 (E.D. Ark. 1982) (same), vacated on other grounds 
sub nom. Lindsey v. Ipock, 732 F.2d 619 (8th Cir.), cert. 
denied sub nom., Cryts v. French, 469 U.S. 881 (1984). But cf. 
Freytag v. CIR, 501 U.S. 868, 891 (1991) (citing the Article I 
Tax Court's ``authority to punish contempts by fine and 
imprisonment, 26 U.S.C. Sec. 7456(c)'' as partial support for 
statement that the ``Tax Court's function and role in the 
federal judicial scheme closely resembles those of the federal 
district courts''). The courts of appeals have divided on the 
statutory and constitutional questions posed when bankruptcy 
courts enter contempt orders in reliance upon their more 
general statutory authority to ``tak[e] any action . . . 
necessary or appropriate to enforce or implement court orders 
or rules.'' 11 U.S.C. Sec. 105(a) (1994). Compare, e.q., In re 
Hipp, 895 F.2d at 1510-11 (bankruptcy courts lack criminal 
contempt authority, at least as to contempts not committed in 
or near their presence; a statute purporting to confer such 
authority would raise serious constitutional difficulties), 
with In re Skinner, 917 F.2d 444, 449-50 (1Oth Cir. 1990) (11 
U.S.C. Sec. 105 gives bankruptcy courts civil contempt power 
and does not violate the Constitution). Cf. Radar v. Ramsay, 3 
F.3d 1174, 1177-79 (8th Cir. 1993) (11 U.S.C. Sec. 105 and the 
Constitution permit bankruptcy courts ``to go at least [as] 
far'' as to enter a contempt order that, by its terms, allows 
the contemnor to obtain de nova district court review before 
the order takes effect).
Section 310: Reports Concerning Wire, Oral, or Electronic 
        Communications
    This provision would transfer responsibility for reporting 
to Congress on wiretap activity from the Administrative Office 
of the United States Courts to the Department of Justice. The 
Department strongly opposes this provision.
    The AOUSC has had the long-standing responsibility for 
compiling and issuing an annual report to Congress on wiretap 
activity. The legislative history of the provision, enacted as 
part of the Omnibus Crime Control and Safe Streets Act of 1968, 
makes clear that the purpose of the reporting requirement is to 
allow public evaluation of the ``administration of the court 
order system.'' The purpose of the public evaluation is to 
``assure the community that the system of court-order [sic] 
electronic surveillance is properly administered.'' S.Rep. No. 
1097, 90th Cong., 2d Sess., reprinted in 1968 U.S. Code Cong. & 
Admin. News 2112, 2196. The legislative history should be 
viewed as a recognition that such assurance should come from an 
agency independent of the prosecutorial branches of the Federal 
and State government. Thus, the AOUSC, an agency of the 
Judicial branch, is clearly a more appropriate source than 
would be the Department of Justice, the chief prosecutor for 
the Federal government.
    Additionally, the AOUSC already has in place the mechanisms 
for collecting and compiling this information. If the 
Department of Justice were required to assume this 
responsibility, it would need additional staff and computing 
facilities. The Department's current work in compiling this 
information for the Federal government represents only a 
fraction of the work necessary for issuing this report, which 
includes statistical information from State and local 
governments as well.
Section 405: Judges' Firearms Training
    This provision authorizing judges to carry firearms in 
certain situations reflects an approach to this issue agreeable 
to the Department, based on discussions with the Judicial 
Conference. The Department supports section 405 as introduced.
Sections 501 and 502: Maximum Amounts for Compensation
    These provisions would provide for an increase in the level 
of compensation of appointed counsel under the Criminal Justice 
Act. The Department is reviewing these provisions and does not 
have a position at this time.
Section 503: Tort Claims Act Amendments Relating to Liability of 
        Federal Public Defenders
    This provision would create an exception from the Federal 
Tort Claims Act (``FTCA'') for claims arising from malpractice 
or negligence of Federal Public Defender employees in providing 
representational services. However, the language of the bill 
would not achieve the goal of allowing malpractice suits 
outside the FTCA.
    If the purpose of this provision is to remove claims 
against Federal Public Defenders from the purview of the FTCA 
but to allow claims against the Federal Public Defender through 
other means, this best can be achieved by amending the 
definition of ``employee of the government'' in 28 U.S.C. 
Sec. 2671 to add, after the word ``compensation,'' the phrase 
``but does not include any officer or employee of a Federal 
Public Defender Organization in furnishing representational 
services under section 3006A of Title 18.'' As drafted, 
however, the bill would completely bar any common law 
malpractice claim against Federal Public Defenders, since the 
effect of section 2680 exceptions is to immunize those 
described in the exceptions from statutory liability. United 
States v. Smith, 499 U.S. 160 (1991).

                               H.R. 2603

Section 3: Award of Reasonable Coats and Attorney's Fees in Federal 
        Civil Diversity Litigation After an Offer of Settlement
    Section 3 of this bill is designed to promote early 
resolution of Federal diversity cases through the use of offers 
of judgment. While this provision obviously is designed to 
encourage litigants to take settlement offers seriously, it may 
also discourage parties from pursuing meritorious claims or 
defenses in Federal diversity actions. For example, under this 
section, if a final judgment is even slightly less favorable 
than a prior offer, a party may be subject to a sizable 
attorney's fees award. In concept, there is little to 
distinguish this provision from other two-way fee shifting 
proposals that the Administration has consistently opposed--
indeed, this provision is even worse in that it authorizes the 
imposition of attorney's fees on prevailing parties.
    We have concerns about whether such a penalty should be 
imposed on a prevailing party with a meritorious claim or 
defense simply because that party guessed wrong about the size 
of the jury verdict. The specter of such an award could have an 
especially chilling effect on parties with limited means, 
coercing such parties into accepting unreasonably low offers or 
causing such parties to eschew invoking diversity jurisdiction 
at all. While the provision would allow judges to waive 
attorney's fees where their imposition ``would be manifestly 
unjust,'' we doubt that this provision would significantly 
lessen the chilling effect that a potential attorney's fees 
award would have on certain parties vindicating their rights in 
Federal court.
    As has been the case with other recent two-way fee shifting 
proposals, proponents of this section may well argue that it is 
simply a test of the efficacy of a version of the English Rule 
(in which a loser pays the prevailing party's attorney's fees 
and costs). Even if we believed that such a test were 
warranted, as currently drafted, this section contains neither 
a sunset provision nor any requirement that a systematic study 
of its effectiveness be conducted. Moreover, the section 
appears to apply not only to diversity actions initiated by 
plaintiffs, but also to those removed by defendants from State 
courts under 28 U.S.C. Sec. 1441. We therefore cannot support 
this provision.

                      Proposed Additional Section

Correction of Aberrant Statutes to Permit Imposition of Both Fines and 
        Imprisonment
    Of the thousands of Federal criminal offenses that carry 
imprisonment as a sanction, virtually all also permit a court 
to impose a fine in addition to imprisonment. Indeed, in 1984 
Congress enacted 18 U.S.C. Sec. 3571, which made uniform the 
amounts of allowable fines for offenses throughout all titles 
of the United States Code and authorized the imposition of such 
fines even if the statute defining an offense was silent as to 
the availability of a fine.
    However, because of a quirk in draftsmanship, six statutes 
in Title 18 expressly provide for the imposition of 
imprisonment or a fine but do not provide expressly for both. 
We believe that legislation altering the judicial processes 
ought to remedy this anomalous and occasionally troublesome 
feature of these statutes by adding the words ``or both'' at 
the appropriate place in each provision. This would allow a 
court the customary sentencing flexibility to impose both a 
fine and a prison term where appropriate. The statutes affected 
are 18 U.S.C. Sec. 401 (criminal contempt), 18 U.S.C. Sec. 1705 
(destruction of letter boxes), 18 U. S. C. Sec. 1916 
(unauthorized employment or disposition of lapsed 
appropriations), 18 U.S.C. Sec. 2076 (refusal of clerk of court 
to perform certain duties required by law), 18 U.S.C. Sec. 2234 
(willfully exceeding authority in executing a search warrant), 
and 18 U.S.C. Sec. 2235 (maliciously procuring and executing a 
search warrant). Of these, only section 401 has generated case 
law with respect to the punishment issue.
    Although criminal contempt is an offense of extended 
lineage, dating from the Judiciary Act of 1789, see Green v. 
United States, 356 U.S. 165 (1958), no legislative history or 
other explanation apparently exists for why the statute is 
drafted in the disjunctive to permit only a fine or 
imprisonment but not both. The Senate Judiciary Committee has 
stated that this feature was probably unintended and in past 
yearn has proposed to correct it in a comprehensive criminal 
code reform bill. See S. Rep. No. 96-553 (96th Cong., 2d Sess., 
p. 375).
    This statutory quirk has produced occasional windfalls to 
undeserving defendants and has proved a trap for unwary judges 
who, being unaware of the statute's unusual restriction on 
their sentencing authority, impose an illegal sentence of both 
a fine and imprisonment. See. e.q., United States v. Versaalio, 
85 F.3d 943, 945-7 (2d Cir. 1996) (and cases cited). The 
Supreme Court has held that, in such a case, if the defendant 
tenders payment of the fine to the clerk before the error is 
corrected, the sentence is fully satisfied and the imprisonment 
portion of it must be vacated. In re Bradley, 318 U.S. 50 
(1943); see also United States v. Versaglio. supra: United 
States v. Holmes. 822 F.2d 481, 486 (5th Cir. 1987) (and cases 
cited); United States v. Sampoane, 533 F.2d 766 (2d Cir. 1976). 
Presumably, the same result would obtain under the other 
statutes, which are similarly worded, although no case law 
exists as to these seldom prosecuted offenses. Since there is 
no sound reason for limiting a court's customary sentencing 
discretion to impose both a fine and imprisonment where the 
offense so warrants, we recommend modifying either H.R. 2294 or 
H.R. 2603 to remedy this situation.
    Thank you for the opportunity to present our views. The 
Office of Management and Budget has advised us that from the 
standpoint of the Administration's program, there is no 
objection to submission of this letter. Please do not hesitate 
to call upon us if we may be of further assistance.

            Sincerely,
                                               Andrew Fois,
                                        Assistant Attorney General,

    cc: Honorable Barney Frank,
         Ranking Minority Member.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 28, UNITED STATES CODE

          * * * * * * *

                     PART I--ORGANIZATION OF COURTS

          * * * * * * *

                       CHAPTER 5--DISTRICT COURTS

          * * * * * * *

Sec. 83. Arkansas

    Arkansas is divided into two judicial districts to be known 
as the Eastern and Western Districts of Arkansas.

                            Eastern District

    (a) * * *
          * * * * * * *

                            Western District

    (b) The Western District comprises six divisions.
        (1) The Texarkana Division comprises the counties of Hempstead, 
            Howard, Lafayette, Little River, Miller, Nevada, and 
            Sevier, and may be held anywhere within the Federal 
            courthouse in Texarkana that is located astride the State 
            line between Texas and Arkansas.
          * * * * * * *

Sec. 98. Louisiana

    Louisiana is divided into three judicial districts to be 
known as the Eastern, Middle, and Western Districts of 
Louisiana.

                            Eastern District

    [(a) The Eastern District comprises the parishes of 
Assumption, Jefferson, Lafourche, Orleans, Plaquemines, Saint 
Bernard, Saint Charles, Saint James, Saint John the Baptist, 
Saint Tammany, Tangipahoa, Terrebonne, and Washington.
        [Court for the Eastern District shall be held at New Orleans, 
            and Houma.]
    (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.
          * * * * * * *

Sec. 118. Pennsylvania

    Pennsylvania is divided into three judicial districts to be 
known as the Eastern, Middle, and Western Districts of 
Pennsylvania.

                            Eastern District

    (a) The Eastern District comprises the counties of Berks, 
Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, 
Northampton, [Philadelphia, and Schuylkill] and Philadelphia.
        Court for the Eastern District shall be held at Allentown, 
            Easton, Lancaster, Reading, and Philadelphia.

                            Middle District

    (b) The Middle District comprises the counties of Adams, 
Bradford, Cameron, Carbon, Centre, Clinton, Columbia, 
Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, 
Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, 
Montour, Northumberland, Perry, Pike, Potter, Schuylkill, 
Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, 
and York.
        Court for the Middle District shall be held at Harrisburg, 
            Lewisburg, Scranton, Wilkes-Barre, and Williamsport.
          * * * * * * *

Sec. 123. Tennessee

    Tennessee is divided into three judicial districts to be 
known as the Eastern, Middle, and Western Districts of 
Tennessee.

                            Eastern District

    (a) * * *
          * * * * * * *

                            Western District

    (c) The Western District comprises two divisions.
        (1) The Eastern Division comprises the counties of Benton, 
            Carroll, Chester, Crockett, Decatur, Dyer, Gibson, 
            Hardeman, Hardin, Haywood, Henderson, Henry, Lake, McNairy, 
            Madison, Obion, Perry, and Weakley.
    The Eastern Division also includes the waters of Tennessee 
River to low-water mark on the eastern shore wherever such 
river forms the boundary between the western and middle 
districts from the north line of Alabama north to the point in 
Henry County, Tennessee, where the south boundary of Kentucky 
strikes the east bank of the river.
        Court for the Eastern Division shall be held at Jackson.
        (2) The Western Division comprises the counties of [Dyer,] 
            Fayette, Lauderdale, Shelby, and Tipton.
        Court for the Western Division shall be held at Memphis and 
            Dyersburg.
    The district judge for the Eastern District in office on 
November 27, 1940, shall hold court in the Northern and 
Northeastern Divisions. The other judge of that district shall 
hold the terms of court in the Southern and Winchester 
Divisions. Each may appoint and remove all officers and 
employees of the court whose official headquarters are located 
in the divisions within which he holds court and whose 
appointments are vested by law in a district judge or chief 
judge of a district.

Sec. 124. Texas

    Texas is divided into four judicial districts to be known 
as the Northern, Southern, Eastern, and Western Districts of 
Texas.

                           Northern District

    (a) * * *
          * * * * * * *

                            Eastern District

    (c) The Eastern District comprises seven divisions.
        (1) * * *
          * * * * * * *
        (3) The Sherman Division comprises the counties of Collin, 
            Cook, Denton, and Grayson.
        Court for the Sherman Division shall be held at Sherman and 
            Plano.
          * * * * * * *
        (6) The Texarkana Division comprises the counties of Bowie, 
            Franklin, and Titus.
        Court for the Texarkana Division shall be held at Texarkana, 
            and may be held anywhere within the Federal courthouse in 
            Texarkana that is located astride the State line between 
            Texas and Arkansas.
          * * * * * * *

Sec. 133. Appointment and number of district judges

    (a) The President shall appoint, by and with the advice and 
consent of the Senate, district judges for the several judicial 
districts, as follows:

                    Districts                                     Judges
     * * * * * * *
[Florida:
    Northern......................................................     4
    Middle........................................................    11
    Southern......................................................   16]
Florida:
    Northern......................................................     4
    Middle........................................................    14
    Southern......................................................    18
          * * * * * * *

             CHAPTER 15--CONFERENCES AND COUNCILS OF JUDGES

          * * * * * * *

Sec. 332. Judicial councils of circuits

    (a)[(1) The chief judge of each judicial circuit shall 
call, at least twice in each year and at such places as he or 
she may designate, a meeting of the judicial council of the 
circuit, consisting of the chief judge of the circuit, who 
shall preside, and an equal number of circuit judges and 
district judges of the circuit, as such number is determined by 
majority vote of all such judges of the circuit in regular 
active service.] (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.
          * * * * * * *
    [(3) Only circuit and district judges in regular active 
service shall serve as members of the council.]
    (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.
          * * * * * * *
    (5) In the event of the death, resignation, [retirement,] 
retirement pursuant to section 371(a) or section 372(a) of this 
title, or disability of a member of the council, a replacement 
member shall be designated to serve the remainder of the 
unexpired term by the chief judge of the circuit.
          * * * * * * *

     CHAPTER 17--RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

          * * * * * * *

Sec. 371. Retirement on salary; retirement in senior status

    (a) Any justice or judge of the United States appointed to 
hold office during good behavior may retire from the office 
after attaining the age and meeting the service requirements, 
whether continuous or otherwise, of subsection (c)(1) and 
shall, during the remainder of his lifetime, receive an annuity 
equal to the salary he was receiving at the time he retired.
    (b)(1) Any justice or judge of the United States appointed 
to hold office during good behavior may retain the office but 
retire from regular active service after attaining the age and 
meeting the service requirements, whether continuous or 
otherwise, of subsection (c)(2) of this section and shall, 
during the remainder of his or her lifetime, continue to 
receive the salary of theoffice if he or she meets the 
requirements of subsection (f).
            (2) In a case in which a justice or judge who 
        retires under paragraph (1) does not meet the 
        requirements of subsection (f), the justice or judge 
        shall continue to receive the salary that he or she was 
        receiving when he or she was last in active service or, 
        if a certification under subsection (f) was made for 
        such justice or judge, when such a certification was 
        last in effect. The salary of such justice or judge 
        shall be adjusted under section 461 of this title.
    (c)(1) The age and service requirements for retirement 
under [this section] subsection (a) are as follows:
    (2) The age and service requirements for retirement under 
subsection (b)(1) are as follows:

Attained age:                                          Years of Service:
    60............................................................   20 
    61............................................................   19 
    62............................................................   18 
    63............................................................   17 
    64............................................................   16 
    65............................................................   15 
    66............................................................   14 
    67............................................................   13 
    68............................................................   12 
    69............................................................   11 
    70............................................................   10 

          * * * * * * *

    (e) Notwithstanding subsection (c) of section 5532 of title 
5, if a regular or reserve member or former member of a 
uniformed service who is receiving retired or retainer pay 
becomes employed as a justice or judge of the United States, as 
defined by section 451, or becomes eligible therefor while so 
employed, such retired or retainer pay, 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, shall not be paid during regular active 
service as a justice or judge, but shall be resumed or 
commenced without reduction upon retirement from the judicial 
office or from regular active service (into senior status) as 
such justice or judge.
          * * * * * * *

Sec. 373. Judges in territories and possessions

    (a) * * *
          * * * * * * *
    (c)(1) * * *
          * * * * * * *
    [(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 (in lieu of 
the annuity payable under subsection (a) of this section) and 
the same allowances for travel and other expenses as a judge on 
active duty with the court being served.]
    (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 (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.
          * * * * * * *
    [(e) 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 removed by the President of the 
United States upon the sole ground of mental or physical 
disability, or who is not reappointed (as judge of such court), 
shall be entitled, upon attaining the age of sixty-five years 
or upon relinquishing office if he is then beyond the age of 
sixty-five years, (1) if his judicial service, continuous or 
otherwise, aggregates fifteen years or more, to receive during 
the remainder of his life an annuity equal to the salary he 
received when he left office, or (2) if his judicial service, 
continuous or otherwise, aggregated less than fifteen years but 
not less than ten years, to receive during the remainder of his 
life an annuity equal to that proportion of such salary which 
the aggregate number of his years of his judicial service bears 
to fifteen.]
    (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.
          * * * * * * *
    [(g) Any retired judge who is entitled to receive an 
annuity under subsection (a) shall be entitled to a cost of 
living adjustment in the amount payable to him 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 thissubsection, exceed 95 per centum of the salary of a 
United States district judge in regular active service.]
    (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. 377. Retirement of bankruptcy judges and magistrates

    (a) * * *
          * * * * * * *
    (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, 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 
No. 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.
          * * * * * * *

     CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

Sec.
451. Definitions.
     * * * * * * *
464. Carrying of firearms by judicial officers.
          * * * * * * *

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 United States District Court of 
        Guam;
            (7) a judge of the United States District Court for 
        the Northern Mariana Islands;
            (8) a judge of the United States 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.
          * * * * * * *

                     PART II--DEPARTMENT OF JUSTICE

          * * * * * * *

                    CHAPTER 31--THE ATTORNEY GENERAL

          * * * * * * *

Sec. 524. Availability of appropriations

    (a) * * *
          * * * * * * *
    (c)(1) There is established in the United States Treasury a 
special fund to be known as the Department of Justice Assets 
Forfeiture Fund (hereafter in this subsection referred to as 
the ``Fund'') which shall be available to the Attorney General 
without fiscal year limitation for the following law 
enforcement purposes--
            (A) * * *
          * * * * * * *
    (12)(A) In the fiscal year subsequent to the fiscal year in 
which this paragraph is enacted and 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, 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 
        the Defender Services appropriation 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 Bureau of Prison 
        facilities.
    (B) The amount to be transferred--
            (i) shall be a portion of the total amount to be 
        transferred from the combined fiscal year deposits into 
        both the Fund and the Department of the Treasury Asset 
        Forfeiture Fund established by section 9703 of title 
        31, United States Code (hereafter referred to as ``both 
        Funds''), which total 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.
            (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.
          * * * * * * *

                 PART III--COURT OFFICERS AND EMPLOYEES

          * * * * * * *

       CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

Sec.
601. Creation; Director and Deputy Director.
     * * * * * * *
613. Disbursing and certifying officers.
614. Authority to prescribe fees for technology resources in the courts.
          * * * * * * *

Sec. 604. Duties of Director generally

    (a) The Director shall be the administrative officer of the 
courts, and under the supervision and direction of the Judicial 
Conference of the United States, shall:
            (1) * * *
          * * * * * * *
            [(8) Disburse, directly or through the several 
        United States marshals, moneys appropriated for the 
        maintenance and operation of the courts;]
            (8) Disburse appropriations and other funds for the 
        maintenance and operation of the courts;
          * * * * * * *
            (24) Perform such other duties as may be assigned 
        to him by the Supreme Court or the Judicial Conference 
        of the United States.
            [(24) Lay before Congress, annually, statistical 
        tables that will accurately reflect the business 
        imposed on the Federal courts by the savings and loan 
        crisis.]
          * * * * * * *
    (i) The Director may pay a claim by a person summoned to 
serve or serving as a 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. 611. Retirement of Director

    (a) * * *
    (b) Upon the retirement of a Director who has elected 
coverage under this section and [who has served at least 
fifteen years and] who has at least fifteen years of service 
and has attained the age of sixty-five years the Administrative 
Office of the United States Courts shall pay him an annuity for 
life equal to 80 per centum of the salary of the office at the 
time of his retirement.
    Upon the retirement of a Director who has elected coverage 
under this section and [who has served at least ten years,] who 
has at least ten years of service, but who is not eligible to 
receive an annuity under the first paragraph of this 
subsection, the Administrative Office of the United States 
Courts shall pay him an annuity for life equal to that 
proportion of 80 per centum of the salary of the office at the 
time of his retirement that the number of years of his service 
bears to fifteen, reduced by one-quarter of 1 per centum for 
each full month, if any, he is under the age of sixty-five at 
the time of separation from service.
    (c) A Director who has elected coverage under this section 
and who becomes permanently disabled to perform the duties of 
his office shall be retired and shall receive an annuity for 
life equal to 80 per centum of the salary of the office at the 
time of his retirement if he has [served at least fifteen 
years,] at least fifteen years of service, or equal to that 
proportion of 80 per centum of such salary that the aggregate 
number of years of his service bears to fifteen if he has 
[served less than fifteen years,] less than fifteen years of 
service, but in no event less than 50 per centum of such 
salary.
    (d) For the purpose of this section, ``service'' means 
service, whether or not continuous, as Director of the 
Administrative Office of the United States Courts, and any 
service, not to exceed five years, as a judge of the United 
States, a Senator or Representative in Congress, 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 Representative, or a civilian official appointed by 
the President, by and with the advice and consent of the 
Senate.
          * * * * * * *

Sec.  612. Judiciary Information Technology Fund

    (a) Establishment and availability of Fund.--There is 
hereby established in the Treasury of the United States a 
special fund to be known as the ``Judiciary Information 
Technology Fund'' (hereafter in this section referred to as the 
``Fund''). Moneys in the Fund shall be available to the 
Director without fiscal year limitation for the procurement (by 
lease, purchase, exchange, transfer, or otherwise) of 
information technology [equipment] resources for program 
activities included in the court of appeals, district courts, 
and other judicial services account of the judicial branch of 
the United States. The Fund shall also be available for 
expenses, including personal services, support personnel in the 
courts and in the Administrative Office of the United States 
Courts, and other costs, for the effective management, 
coordination, operation, and use of information technology 
[equipment] resources purchased by the Fund. In addition, all 
agencies of the judiciary may make deposits into the Fund to 
meet their information technology needs in accordance with 
subsections (b) and (c)(2).
    (b) Plan for Meeting Information Technology Needs.--
            (1) Development of plan.--The Director shall 
        develop and annually revise, with the approval of the 
        Judicial Conference of the United States, a long range 
        plan for meeting the information technology [equipment] 
        resources needs of the activities funded under 
        subsection (a) and shall include an annual estimate of 
        any fees that may be collected under section 404 of the 
        Judiciary Appropriations Act, 1991 (Public Law 101-515; 
        104 Stat. 2133). Such plan and revisions shall be 
        submitted to Congress.
            (2) Expenditures consistent with plan.--The 
        Director may use amounts in the Fund to procure 
        information technology [equipment] resources for the 
        activities funded under subsection (a) only in 
        accordance with the plan developed under paragraph (1).
    (c) Deposits Into Fund.--
            (1) * * *
            (2) Advances and reimbursements.--Whenever the 
        Director procures information technology [equipment] 
        resources for any entity in the judicial branch other 
        than the courts or the Administrative Office, that 
        entity shall advance or reimburse the Fund, whichever 
        the Director considers appropriate, for the costs of 
        the information technology [equipment] resources, from 
        appropriations available to that entity.
          * * * * * * *
    (e) Contract Authority.--
            (1) For each fiscal year.--In fiscal year 1990, and 
        in each succeeding fiscal year, the Director may enter 
        into contracts for the procurement of information 
        technology [equipment] resources in amounts which, in 
        the aggregate, do not exceed amounts estimated to be 
        collected under subsection (c) for that fiscal year in 
        advance of the availability of amounts in the Fund for 
        such contracts.
            (2) Multiyear contracts.--In conducting activities 
        under subsection (a), the Director is authorized to 
        enter into multiyear contracts for information 
        technology [equipment] resources for periods of not 
        more than five years for any contract, if--
                    (A) funds are available and adequate for 
                payment of the costs of such contract for the 
                first fiscal year and for payment of any costs 
                of cancellation or termination of the contract;
                    (B) such contract is awarded on a fully 
                competitive basis; and
                    (C) the Director determines that--
                            (i) the need for the information 
                        technology [equipment] resources being 
                        provided will continue over the period 
                        of the contract; and
          * * * * * * *
    [(f) Applicability of Procurement Statute.--The procurement 
of information technology equipment under this section shall be 
conducted in compliance with the provisions of law, policies, 
and regulations applicable to executive agencies under division 
E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).]
    [(g)] (f) Authority of Administrator of General Services.--
Nothing in this section shall be construed to limit the 
authority of the Administrator of General Services under 
section 201 of the Federal Property and Administrative Services 
Act of 1949 (. 40 U.S.C. 481).
    [(h)] (g) Annual Report.--
            (1) In general.--The Director shall submit to the 
        Congress an annual report on the operation of the Fund, 
        including on the inventory, use, and acquisition of 
        information technology [equipment] resources from the 
        Fund and the consistency of such acquisition with the 
        plan prepared under subsection (b). The report shall 
        set forth the amounts deposited into the Fund under 
        subsection (c).
          * * * * * * *
            [(3) Report in year of termination of authority.--
        The annual report submitted under this subsection for 
        any year in which the authority for this section is to 
        terminate under subsection (m), shall be submitted no 
        later than 9 months before the date of such 
        termination.]
    [(i)] (h) Reprogramming.--The Director of the 
Administrative Office of the United States Courts, under the 
supervision of the Judicial Conference of the United States, 
may transfer amounts up to $1,000,000 from the Fund into the 
account to which the funds were originally appropriated. Any 
amounts transferred from the Fund in excess of $1,000,000 in 
any fiscal year may only be transferred by following 
reprogramming procedures in compliance with section 606 of the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1989 (Public Law 100-459; 
102 Stat. 2227).
    [(j)] (i) Appropriations into the Fund.--If the budget 
request of the [Judiciary] judiciary is appropriated in full, 
the amount deposited into the Fund during any fiscal year under 
the authority of [subparagraph] subsection (c)(1)(B) will be 
the same as the amount of funds requested by the [Judiciary] 
judiciary for activities described in subsection (a). If an 
amount to be deposited is not specified in statute by Congress 
and if the full request is not appropriated, the amount to be 
deposited under subsection (c)(1)(B) will be set by the 
spending priorities established by the Judicial Conference.
    [(k)] (j) Long Range Management and Business Plans.--The 
Director of the Administrative Office of the United States 
Court shall--
            (1) * * *
          * * * * * * *

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. 
These 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 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. These 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.

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 
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.
          * * * * * * *

                  CHAPTER 42--FEDERAL JUDICIAL CENTER

          * * * * * * *

Sec. 625. Director and staff

    (a) * * *
    (b) The Director shall appoint and fix the compensation of 
such additional professional personnel as the Board may deem 
necessary, without regard to the provisions of title 5[, United 
States Code,] governing appointments in competitive service, or 
the provisions of chapter 51 and subchapter III of chapter 53 
of such title, relating to classification and General Schedule 
pay rates: Provided, however, That the compensation of any 
person appointed under this subsection shall not exceed the 
annual rate of basic pay of level V of the Executive Schedule 
[pay rates, section 5316, title 5, United States Code] 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 provided 
further, That the salary of a reemployed annuitant under [the 
Civil Servive Retirement Act shall be adjusted pursuant to the 
provisions of section 8344, title 5, United States Code] 
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.
    (c) The Director shall appoint and fix the compensation of 
such secretarial and clerical personnel as he may deem 
necessary, subject to the provisions of title 5[, United States 
Code,] governing appointments in competitive service without 
regard to the provisions of chapter 51 and subchapter III of 
chapter 53 of such title, relating to classification and 
General Schedule pay rates.
          * * * * * * *

Sec. 627. Retirement; employee benefits

    (a) * * *
          * * * * * * *
    (c) Upon the retirement of a Director who has elected 
coverage under this section and [who has served at least 
fifteen years and] who has at least fifteen years of service 
and has attained the age of sixty-five years the Director of 
the Administrative Office of the United States Courts shall pay 
him an annuity for life equal to 80 per centum of the salary of 
the office at the time of his retirement.
    Upon the retirement of a Director who has elected coverage 
under this section and [who has served at least ten years,] who 
has at least ten years of service, but who is not eligible to 
receive an annuity under the first paragraph of this 
subsection, the Administrative Office of the United States 
Courts shall pay him an annuity for life equal to that 
proportion of 80 per centum of the salary of the office at the 
time of his retirement that the number of years of his service 
bears to fifteen, reduced by one-quarter of 1 per centum for 
each full month, if any, he is under the age of sixty-five at 
the time of separation from service.
    (d) A Director who has elected coverage under this section 
and who becomes permanently disabled to perform the duties of 
his office shall be retired and shall receive an annuity for 
life equal to 80 per centum of the salary of the office at the 
time of his retirement if he has [served at least fifteen 
years,] at least fifteen years of service, or equal to that 
proportion of 80 per centum of such salary that the aggregate 
number of years of his service bears to fifteen if he has 
[served less than fifteen years,] less than fifteen years of 
service, but in no event less than 50 per centum of such 
salary.
    (e) For the purpose of this section, ``service'' means 
service, whether or not continuous, as Director of the Federal 
Judicial Center, and any service, not to exceed five years, as 
a judge of the United States, a Senator or Representative in 
Congress, 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 Representative, or a civilian official appointed by 
the President, by and with the advice and consent of the 
Senate.
          * * * * * * *

                 CHAPTER 43--UNITED STATES MAGISTRATES

          * * * * * * *

Sec. 631. Appointment and tenure

    (a) [The judges of each United States district court and 
the district court of the Virgin Islands shall appoint United 
States magistrates in such numbers and to serve at such 
locations within the judicial district as the conference may 
determine under this chapter. In the case of a magistrate 
appointed by the district court of the Virgin Islands, this 
chapter shall apply as though the court appointing such 
magistrate were a United States district court.] 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. Where 
there is more than one judge of a district court, the 
appointment, whether an original appointment or a 
reappointment, shall be by the concurrence of a majority of all 
the judges of such district court, and when there is no such 
concurrence, then by the chief judge. Where the conference 
deems it desirable, a magistrate may be designated to serve in 
one or more districts adjoining the district for which he is 
appointed. Such a designation shall be made by the concurrence 
of a majority of the judges of each of the district courts 
involved and shall specify the duties to be performed by the 
magistrate in the adjoining district or districts.
    (b) No individual may be appointed or reappointed to serve 
as a magistrate under this chapter unless:
            (1) He has been for at least five years a member in 
        good standing of the bar of the highest court of a 
        State, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Territory of Guam, the Commonwealth of 
        the Northern Mariana Islands, or the Virgin Islands of 
        the United States, except that an individual who does 
        not meet the bar membership requirements of this 
        paragraph may be appointed and serve as a part-time 
        magistrate if the appointing court or courts and the 
        conference find that no qualified individual who is a 
        member of the bar is available to serve at a specific 
        location;
          * * * * * * *

Sec. 636. Jurisdiction, powers, and temporary assignment

    (a) Each United States magistrate serving under this 
chapter shall have within the territorial jurisdiction 
prescribed by his appointment--
            (1)  * * *
          * * * * * * *
            [(4) the power to enter a sentence for a petty 
        offense that is a class B misdemeanor charging a motor 
        vehicle offense, a class C misdemeanor, or an 
        infraction; and
            [(5) the power to enter a sentence for a class A 
        misdemeanor, or a class B or C misdemeanor not covered 
        by paragraph (4), in a case in which the parties have 
        consented.]
            (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.
          * * * * * * *
    [(e) In a proceeding before a magistrate, any of the 
following acts or conduct shall constitute a contempt of the 
district court for the district wherein the magistrate is 
sitting: (1) disobedience or resistance to any lawful order, 
process, or writ; (2) misbehavior at a hearing or other 
proceeding, or so near the place thereof as to obstruct the 
same; (3) failure to produce, after having been ordered to do 
so, any pertinent document; (4) refusal to appear after having 
been subpenaed or, upon appearing, refusal to take the oath or 
affirmation as a witness, or, having taken the oath or 
affirmation, refusal to be examined according to law; or (5) 
any other act or conduct which if committed before a judge of 
the district court would constitute contempt of such court. 
Upon the commission of any such act or conduct, the magistrate 
shall forthwith certify the facts to a judge of the district 
court and may serve or cause to be served upon any person whose 
behavior is brought into question under this section an order 
requiring such person to appear before a judge of that court 
upon a day certain to show cause why he should not be adjudged 
in contempt by reason of the facts so certified. A judge of the 
district court shall thereupon, in a summary manner, 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 judge of the court, or commit such person upon the 
conditions applicable in the case of defiance of the process of 
the district court or misconduct in the presence of a judge of 
that court.]
    (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 section.
            (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 such 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 subsection 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, or
                            (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 
        section 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.
          * * * * * * *

                           PART V--PROCEDURE

          * * * * * * *

                   CHAPTER 121--JURIES; TRIAL BY JURY

          * * * * * * *

Sec. 1863. Plan for random jury selection

    (a) * * *
    (b) Among other things, such plan shall--
            (1) * * *
          * * * * * * *
            [(6) specify that the following persons are barred 
        from jury service on the ground that they are exempt: 
        (A) members in active service in the Armed Forces of 
        the United States; (B) members of the fire or police 
        departments of any State, the District of Columbia, any 
        territory or possession of the United States, or any 
        subdivision of a State, the District of Columbia, or 
        such territory or possession; (C) public officers in 
        the executive, legislative, or judicial branches of the 
        Government of the United States, or of any State, the 
        District of Columbia, any territory or possession of 
        the United States, or any subdivision of a State, the 
        District of Columbia, or such territory or possession, 
        who are actively engaged in the performance of official 
        duties.]
            (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.
          * * * * * * *

Sec. 1869. Definitions

    For purposes of this chapter--
            (a) * * *
          * * * * * * *
            [(i) ``public officer'' shall mean a person who is 
        either elected to public office or who is directly 
        appointed by a person elected to public office;]
          * * * * * * *

Sec. 1877. Protection of jurors

    (a) * * *
    (b) In administering this section with respect to a juror 
covered by this section--
            (1) * * *
            (2) performance of duty as a juror includes that 
        time when a juror is (A) in attendance at court 
        pursuant to a summons, (B) in deliberation, (C) 
        sequestered by order of a judge, [or] (D) at a site, by 
        order of the court, for the taking of a view, 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.
          * * * * * * *

                      CHAPTER 123--FEES AND COSTS

          * * * * * * *

Sec. 1930. Bankruptcy fees

    (a) Notwithstanding section 1915 of this title, the parties 
commencing a case under title 11 shall pay to the clerk of the 
district court or the clerk of the bankruptcy court, if one has 
been certified pursuant to section 156(b) of this title, the 
following filing fees:
            (1) * * *
          * * * * * * *
            (6) In addition to the filing fee paid to the 
        clerk, a quarterly fee shall be paid to the United 
        States trustee, for deposit in the Treasury, in each 
        case under chapter 11 of title 11 for each quarter 
        (including any fraction thereof) until the case is 
        converted or dismissed, whichever occurs first. The fee 
        shall be $250 for each quarter in which disbursements 
        total less than $15,000; $500 for each quarter in which 
        disbursements total $15,000 or more but less than 
        $75,000; $750 for each quarter in which disbursements 
        total $75,000 or more but less than $150,000; $1,250 
        for each quarter in which disbursements total $150,000 
        or more but less than $225,000; $1,500 for each quarter 
        in which disbursements total $225,000 or more but less 
        than $300,000; $3,750 for each quarter in which 
        disbursements total $300,000 or more but less than 
        $1,000,000; $5,000 for each quarter in which 
        disbursements total $1,000,000 or more but less than 
        $2,000,000; $7,500 for each quarter in which 
        disbursements total $2,000,000 or more but less than 
        $3,000,000; $8,000 for each quarter in which 
        disbursements total $3,000,000 or more but less than 
        $5,000,000; $10,000 for each quarter in which 
        disbursements total $5,000,000 or more. The fee shall 
        be payable on the last day of the calendar month 
        following the calendar quarter for which the fee is 
        owed.
            (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.
An individual commencing a voluntary case or a joint case under 
title 11 may pay such fee in installments. For converting, on 
request of the debtor, a case under chapter 7, or 13 of title 
11, to a case under chapter 11 of title 11, the debtor shall 
pay to the clerk of the district court or the clerk of the 
bankruptcy court, if one has been certified pursuant to section 
156(b) of this title, a fee of $400.
          * * * * * * *

Sec. 1931. Disposition of filing fees

    (a) Of the amounts paid to the clerk of court as a fee 
under section 1914(a) or as part of a judgment for costs under 
section 2412(a)(2) of this title, $90 shall be deposited into a 
special fund of the Treasury to be available to offset funds 
appropriated for the operation and maintenance of the courts of 
the United States or other judicial services including services 
provided pursuant to section 3006A of title 18 or section 
409(q) of the Controlled Substances Act (21 U.S.C. 848(q)).
          * * * * * * *

                    PART VI--PARTICULAR PROCEEDINGS

          * * * * * * *

      CHAPTER 165--UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

Sec.
2501. Time for filing suit.
     * * * * * * *
[2520. Fees.]
          * * * * * * *

[Sec. 2520. Fees

    [The United States Court of Federal Claims shall by rules 
impose a fee not exceeding $120, for the filing of any 
petition.]
          * * * * * * *

                   CHAPTER 171--TORT CLAIMS PROCEDURE

          * * * * * * *

Sec. 2671. Definitions

    As used in this chapter and sections 1346(b) and 2401(b) of 
this title, the term ``Federal agency'' includes the executive 
departments, the judicial and legislative branches, the 
military departments, independent establishments of the United 
States, and corporations primarily acting as instrumentalities 
or agencies of the United States, but does not include any 
contractor with the United States.
    ``Employee of the government'' includes (1) officers or 
employees of any Federal agency, members of the military or 
naval forces of the United States, members of the National 
Guard while engaged in training or duty under section 316, 502, 
503, 504, or 505 of title 32, and persons acting on behalf of a 
Federal agencyin an official capacity, temporarily or 
permanently in the service of the United States, whether with 
or without compensation[.], 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.
    ``Acting within the scope of his office or employment'', in 
the case of a member of the military or naval forces of the 
United States or a member of the National Guard as defined in 
section 101(3) of title 32, means acting in line of duty.
          * * * * * * *

                              ----------                              


              SECTION 9703 OF TITLE 31, UNITED STATES CODE

Sec. 9703. Department of the Treasury Forfeiture Fund

    (a) * * *
          * * * * * * *
    (p) Transfer to the Federal Judiciary.--In the fiscal year 
subsequent to the fiscal year in which this subsection is 
enacted and each fiscal year thereafter, an amount necessary to 
meet the transfer requirements of section 524(c)(9) of title 28 
shall be transferred to the Judiciary, and shall be subject to 
the same limitations, terms, and conditions specified in that 
section for transfers to the Judiciary from the Department of 
Justice Asset Forfeiture Fund.
    [(p)] (q) Definitions.--For purposes of this section--
            (1) Department of the treasury law enforcement 
        organization.--The term ``Department of the Treasury 
        law enforcement organization'' means the United States 
        Customs Service, the United States Secret Service, the 
        Bureau of Alcohol, Tobacco and Firearms, the Internal 
        Revenue Service, the Federal Law Enforcement Training 
        Center, the Financial Crimes Enforcement Network, and 
        any other law enforcement component of the Department 
        of the Treasury so designated by the Secretary.
            (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Treasury.
                              ----------                              


                      TITLE 18, UNITED STATES CODE

          * * * * * * *

                      PART II--CRIMINAL PROCEDURE

          * * * * * * *

                    CHAPTER 201--GENERAL PROVISIONS

          * * * * * * *

Sec. 3006A. Adequate representation of defendants

    (a) * * *
          * * * * * * *
    (d) Payment for Representation.--
    (1) * * *
    (2) Maximum Amounts.--For representation of a defendant 
before the United States magistrate or the district court, or 
both, the compensation to be paid to an attorney or to a bar 
association or legal aid agency or community defender 
organization shall not exceed [$3,500] $5,000 for each attorney 
in a case in which one or more felonies are charged, and 
$[1,000] 1,500 for each attorney in a case in which only 
misdemeanors are charged. For representation of a defendant in 
an appellate court, the compensation to be paid to an attorney 
or to a bar association or legal aid agency or community 
defender organization shall not exceed $[2,500] 3,600 for each 
attorney in each court. 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. For representation of an offender before the United 
States Parole Commission in a proceeding under section 4106A of 
this title, the compensation shall not exceed $[750] 1,100 for 
each attorney in each proceeding; for representation of an 
offender in an appeal from a determination of such Commission 
under such section, the compensation shall not exceed $[2,500] 
3,600 for each attorney in each court. For any other 
representation required or authorized by this section, the 
compensation shall not exceed $[750] 1,100 for each attorney in 
each proceeding.
          * * * * * * *
    (e) Services Other Than Counsel.--
    (1) * * *
    (2) Without Prior Request.--(A) Counsel appointed under 
this section may obtain, subject to later review, 
investigative, expert, and other services without prior 
authorization if necessary for adequate representation. Except 
as provided in subparagraph (B) of this paragraph, the total 
cost of services obtained without prior authorization may not 
exceed $[300] 450 and expenses reasonably incurred.
    (B) The court, or the United States magistrate (if the 
services were rendered in a case disposed of entirely before 
the United States magistrate), may, in the interest of justice, 
and upon the finding that timely procurement of necessary 
services could not await prior authorization, approve payment 
for such services after they have been obtained, even if the 
cost of such services exceeds $[300] 450.
    (3) Maximum Amounts.--Compensation to be paid to a person 
for services rendered by him to a person under this subsection, 
or to be paid to an organization for services rendered by an 
employee thereof, shall not exceed $[1,000] 1,500, exclusive of 
reimbursement for expenses reasonably incurred, unless payment 
in excess of that limit is certified by the court, or by the 
United States magistrate if the services were rendered in 
connection with a case disposed of entirely before him, as 
necessary to provide fair compensation for services of an 
unusual character or duration, and the amount of the excess 
payment is approved by the chief judge of the circuit. The 
chief judge of the circuit may delegate such approval authority 
to an active circuit judge.
          * * * * * * *

            CHAPTER 219--TRIAL BY UNITED STATES MAGISTRATES

          * * * * * * *

Sec. 3401. Misdemeanors; application of probation laws

    (a) * * *
    (b) Any person charged with a misdemeanor, other than a 
petty offense [that is a class B misdemeanor charging a motor 
vehicle offense, a class C misdemeanor, or an infraction,] may 
elect, however, to be tried before a district judge for the 
district in which the offense was committed. The magistrate 
judge shall carefully explain to the defendant that he has a 
right to trial, judgment, and sentencing by a district judge 
and that he may have a right to trial by jury before a district 
judge or magistrate judge. The magistrate judge may not proceed 
to try the case unless the defendant, after such explanation, 
expressly consents to be tried before the magistrate judge and 
expressly and specifically waives trial, judgment, and 
sentencing by a district judge. Any such consent and waiver 
shall be made in writing or orally on the record.
          * * * * * * *
    (g) [The magistrate judge may, in a petty offense case 
involving a juvenile, that is a class B misdemeanor charging a 
motor vehicle offense, a class C misdemeanor, or an infraction, 
exercise all powers granted to the district court under chapter 
403 of this title.] 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. The 
magistrate judge may, in any [other class B or C misdemeanor 
case] misdemeanor, other than a petty offense, involving a 
juvenile in which consent to trial before a magistrate judge 
has been filed under subsection (b), exercise all powers 
granted to the district court under chapter 403 of this title. 
For purposes of this subsection, proceedings under chapter 403 
of this title may be instituted against a juvenile by a 
violation notice or complaint, except that no such case may 
proceed unless the certification referred to in section 5032 of 
this title has been filed in open court at the arraignment. [No 
term of imprisonment shall be imposed by the magistrate in any 
such case.]
          * * * * * * *
                              ----------                              


SECTION 4 OF THE CONTRACT SERVICES FOR DRUG DEPENDENT FEDERAL OFFENDERS 
                         TREATMENT ACT OF 1978

    Sec. 4. (a) To carry out the purposes of this Act and the 
7th paragraph of section 3672 of title 18, United States Code, 
there are authorized to be appropriated [sums not to exceed 
$3,500,000 for the fiscal year ending September 30, 1980; 
$3,645,000 for the fiscal year ending September 30, 1981; 
$3,750,000 for the fiscal year ending September 30, 1982; 
$5,000,000 for the fiscal year ending September 30, 1984; 
$5,500,000 for the fiscal year ending September 30, 1985; 
$6,500,000 for the fiscal year ending September 30, 1986; 
$12,000,000 for the fiscal year ending September 30, 1987; 
$24,000,000 for the fiscal year ending September 30, 1988; 
$26,000,000 for the fiscal year ending September 30, 1989; 
$30,000,000 for the fiscal year ending September 30, 1990; 
$40,000,000 for the fiscal year ending September 30, 1991; and 
$45,000,000 for the fiscal year ending September 30, 1992.] for 
fiscal year 1998 and each fiscal year thereafter such sums as 
may be necessary to carry out this Act.
          * * * * * * *
                              ----------                              


          SECTION 103 OF THE CIVIL JUSTICE REFORM ACT OF 1990

SEC. 103. AMENDMENTS TO TITLE 28, UNITED STATES CODE.

    (a) * * *
    (b) Implementation.--(1) * * *
    (2)(A) The requirements set forth in sections 471, 472, 
473, 474, 475, 477, and 478 of title 28, United States Code, as 
added by subsection (a), shall remain in effect for seven years 
after the date of the enactment of this title.
          * * * * * * *
                              ----------                              


              SECTION 1228 OF TITLE 11, UNITED STATES CODE

SEC. 1228. DISCHARGE.

    (a) As soon as practicable after completion by the debtor 
of all payments under the plan, other than payments to holders 
of allowed claims provided for under section 1222(b)(5) or 
[1222(b)(10)] 1222(b)(9) of this title, unless the court 
approves a written waiver of discharge executed by the debtor 
after the order for relief under this chapter, the court shall 
grant the debtor a discharge of all debts provided for by the 
plan allowed under section 503 of this title or disallowed 
under section 502 of this title, except any debt--
            (1) provided for under section 1222(b)(5) or 
        [1222(b)(10)] 1222(b)(9) of this title; or
          * * * * * * *
    (c) A discharge granted under subsection (b) of this 
section discharges the debtor from all unsecured debts provided 
for by the plan or disallowed under section 502 of this title, 
except any debt--
            (1) provided for under section 1222(b)(5) or 
        [1222(b)(10)] 1222(b)(9) of this title; or
          * * * * * * *
                              ----------                              


  SECTION 406 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1990

    Sec. 406. (a) * * *
    (b) All fees as shall be hereafter collected [for any 
service enumerated after item 18] for any fee implemented after 
November 21, 1989 of the bankruptcy miscellaneous fee schedule 
prescribed by the Judicial Conference of the United States 
pursuant to 28 U.S.C. section 1930(b) and 30.76 per centum of 
the fees hereafter collected under 28 U.S.C. section 1930(a)(1) 
and 25 percent of the fees hereafter collected under 28 U.S.C. 
section 1930(a)(3) shall be deposited as offsetting receipts to 
the fund established under 28 U.S.C. section 1931 and shall 
remain available to the Judiciary until expended to reimburse 
any appropriation for the amount paid out of such appropriation 
for expenses of the Courts of Appeals, District Courts, and 
other Judicial Services and the Administrative Office of the 
United States Courts. The Judicial Conference shall report to 
the Committees on Appropriations of the House of 
Representatives and the Senate on a quarterly basis beginning 
on the first day of each fiscal year regarding the sums 
deposited in said fund.
          * * * * * * *
                              ----------                              


              SECTION 6304 OF TITLE 5, UNITED STATES CODE

Sec. 6304. Annual leave; accumulation

    (a) * * *
          * * * * * * *
    (f)(1) This subsection applies with respect to annual leave 
accrued by an individual while serving in a position in--
            (A) * * *
          * * * * * * *
            (F) the judicial branch designated as a court unit 
        executive position by the Judicial Conference of the 
        United States.
          * * * * * * *

                                    
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