[House Report 106-312]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-312

======================================================================



 
                 FEDERAL COURTS IMPROVEMENT ACT OF 1999

                                _______


 September 9, 1999.--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. 1752]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1752) 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........................................          14
Background and Need for the Legislation....................          14
Hearings...................................................          14
Committee Consideration....................................          14
Votes of the Committee.....................................          15
Committee on Government Reform Findings....................          15
New Budget Authority and Tax Expenditures..................          15
Congressional Budget Office Cost Estimate..................          15
Constitutional Authority Statement.........................          20
Section-by-Section Analysis................................          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 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

Sec. 101. Reimbursement of judiciary for civil and criminal forfeiture 
expenses.
Sec. 102. Transfer of retirement funds.
Sec. 103. Judiciary Information Technology Fund.
Sec. 104. Bankruptcy fees.
Sec. 105. Disposition of miscellaneous fees.
Sec. 106. Repeal of statute setting Court of Federal Claims filing fee.
Sec. 107. Technical amendment relating to the treatment of certain 
bankruptcy fees collected.
Sec. 108. Increase in fee for converting a chapter 7 or chapter 13 
bankruptcy case to a chapter 11 bankruptcy case.
Sec. 109. Increase in chapter 9 bankruptcy filing fee.
Sec. 110. Creation of certifying officers in the judicial branch.
Sec. 111. Fee authority for technology resources in the courts.

                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. Technical bankruptcy correction.
Sec. 210. Authority of presiding judge to allow media coverage of court 
proceedings.

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

Sec. 301. Disability retirement and cost-of-living adjustments of 
annuities for territorial judges.
Sec. 302. Federal Judicial Center personnel matters.
Sec. 303. Judicial administrative officials retirement matters.
Sec. 304. Judges' firearms training.
Sec. 305. Removal of automatic excuse from jury service for members of 
the Armed Services, members of fire and police departments, and public 
officers.
Sec. 306. Expanded workers' compensation coverage for jurors.
Sec. 307. Property damage, theft, and loss claims of jurors.
Sec. 308. Elimination of the public drawing requirements for selection 
of juror wheels.
Sec. 309. Annual leave limit for court unit executives.
Sec. 310. Payments to Military Survivor Benefit Plan.
Sec. 311. Authorization of a circuit executive for the Federal Circuit.
Sec. 312. Amendment to the jury selection process.
Sec. 313. Supplemental attendance fee for petit jurors serving on 
lengthy trials.

               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 amendments relating to liability of Federal 
public defenders.

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

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

    (a) Transfer of Funds.--Section 524(c) of title 28, United States 
Code, is amended--
            (1) by inserting after paragraph (11) the following new 
        paragraph:
            ``(12)(A) In the fiscal year subsequent to the fiscal year 
        in which this paragraph is enacted and in each fiscal year 
        thereafter, an amount as specified in subparagraph (B) shall be 
        transferred annually to the judiciary into the fund established 
        under section 1931 of this title, for expenses incurred in--
                    ``(i) adjudication of civil and criminal forfeiture 
                proceedings that result in deposits into the Fund 
                (except the expense of salaries of judges);
                    ``(ii) representation, pursuant to the provisions 
                of section 3006A of title 18 or section 408(q) of the 
                Controlled Substances Act (21 U.S.C. 848(q)) of 
                defendants whose assets have been seized in such 
                forfeiture proceedings, to
    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 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

Sec. 101. Reimbursement of judiciary for civil and criminal forfeiture 
expenses.
Sec. 102. Transfer of retirement funds.
Sec. 103. Judiciary Information Technology Fund.
Sec. 104. Bankruptcy fees.
Sec. 105. Disposition of miscellaneous fees.
Sec. 106. Repeal of statute setting Court of Federal Claims filing fee.
Sec. 107. Technical amendment relating to the treatment of certain 
bankruptcy fees collected.
Sec. 108. Increase in fee for converting a chapter 7 or chapter 13 
bankruptcy case to a chapter 11 bankruptcy case.
Sec. 109. Increase in chapter 9 bankruptcy filing fee.
Sec. 110. Creation of certifying officers in the judicial branch.
Sec. 111. Fee authority for technology resources in the courts.

                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. Technical bankruptcy correction.
Sec. 210. Authority of presiding judge to allow media coverage of court 
proceedings.

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

Sec. 301. Disability retirement and cost-of-living adjustments of 
annuities for territorial judges.
Sec. 302. Federal Judicial Center personnel matters.
Sec. 303. Judicial administrative officials retirement matters.
Sec. 304. Judges' firearms training.
Sec. 305. Removal of automatic excuse from jury service for members of 
the Armed Services, members of fire and police departments, and public 
officers.
Sec. 306. Expanded workers' compensation coverage for jurors.
Sec. 307. Property damage, theft, and loss claims of jurors.
Sec. 308. Elimination of the public drawing requirements for selection 
of juror wheels.
Sec. 309. Annual leave limit for court unit executives.
Sec. 310. Payments to Military Survivor Benefit Plan.
Sec. 311. Authorization of a circuit executive for the Federal Circuit.
Sec. 312. Amendment to the jury selection process.
Sec. 313. Supplemental attendance fee for petit jurors serving on 
lengthy trials.

               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 amendments relating to liability of Federal 
public defenders.

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

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

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

*COM008*SEC. 102. TRANSFER OF RETIREMENT FUNDS.

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

SEC. 103. 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'' 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). Such fees shall be deposited 
        into the fund established under section 1931.''.

SEC. 105. DISPOSITION OF MISCELLANEOUS FEES.

    For fiscal year 2000 and thereafter, any portion of miscellaneous 
fees collected as prescribed by the Judicial Conference of the United 
States pursuant to sections 1913, 1914(b), 1926(a), 1930(b), and 1932 
of title 28, United States Code, exceeding the amount of such fees 
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.

SEC. 106. REPEAL OF STATUTE SETTING 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. 107. TECHNICAL AMENDMENT RELATING TO THE TREATMENT OF CERTAIN 
                    BANKRUPTCY FEES COLLECTED.

    (a) Amendment.--The 1st sentence of section 406(b) of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1990 (Public Law 101-162; 103 Stat. 1016) 
is amended by striking ``service enumerated after item 18'' and 
inserting ``service not of a kind described in any of the items 
enumerated as items 1 through 7 and as items 9 through 18, as in effect 
on November 21, 1989, (and not of a kind described in items enumerated 
as items 8.1, 8.2, and 23, as in effect on January 1, 1998)''.
    (b) Application of Amendment.--The amendment made by subsection (a) 
shall not apply with respect to fees collected before the date of the 
enactment of this Act.

SEC. 108. INCREASE IN FEE FOR CONVERTING A CHAPTER 7 OR CHAPTER 13 
                    BANKRUPTCY CASE TO A CHAPTER 11 BANKRUPTCY CASE.

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

SEC. 109. INCREASE IN CHAPTER 9 BANKRUPTCY FILING FEE.

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

SEC. 110. CREATION OF CERTIFYING OFFICERS IN THE JUDICIAL BRANCH.

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

``Sec. 613. Disbursing and certifying officers

    ``(a) Disbursing Officers.--The Director may designate in writing 
officers and employees of the judicial branch of the Government, 
including the courts as defined in section 610 other than the Supreme 
Court, to be disbursing officers in such numbers and locations as the 
Director considers necessary. Such dispersing 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 new 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. 111. FEE AUTHORITY 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 use of 
information technology resources provided by the judiciary to improve 
the efficiency of and access to the courts. Fees collected pursuant to 
this section are to be deposited in the Judiciary Information 
Technology Fund to be available to the Director without fiscal year 
limitation for reinvestment in information technology resources which 
will advance the purposes of 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 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 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) in the first sentence of subsection (b)(1), by 
        inserting ``the Territory of Guam, the Commonwealth of the 
        Northern Mariana Islands,'' after ``Commonwealth of Puerto 
        Rico,''.

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) Contempt authority.--A United States magistrate judge 
        serving under this chapter shall have within the territorial 
        jurisdiction prescribed by his or her appointment the power to 
        exercise contempt authority as set forth in this subsection.
            ``(2) Summary criminal contempt authority.--A magistrate 
        judge shall have the power to punish summarily by fine or 
        imprisonment such contempt of his or her authority constituting 
        misbehavior of any person in the magistrate judge's presence so 
        as to obstruct the administration of justice. The order of 
        contempt shall be issued pursuant to 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 paragraph shall not be 
        construed to limit the authority of a magistrate judge to order 
        sanctions pursuant to any other statute, the Federal Rules of 
        Civil Procedure, or the Federal Rules of Criminal Procedure.
            ``(5) Criminal contempt penalties.--The sentence imposed by 
        a magistrate judge for any criminal contempt set forth in 
        paragraphs (2) and (3) of this subsection 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 act--
                    ``(A) in any case in which a United States 
                magistrate judge presides with the consent of the 
                parties under subsection (c) of this section, or in any 
                misdemeanor case proceeding before a magistrate judge 
                under section 3401 of title 18, that may, in the 
                opinion of the magistrate judge, constitute a serious 
                criminal contempt punishable by penalties exceeding 
                those set forth in paragraph (5) of this subsection, or
                    ``(B) in any other case or proceeding under 
                subsection (a) or (b) of this section, or any other 
                statute, where--
                            ``(i) the act committed in the magistrate 
                        judge's presence may, in the opinion of the 
                        magistrate judge, constitute a serious criminal 
                        contempt punishable by penalties exceeding 
                        those set forth in paragraph (5) of this 
                        subsection,
                            ``(ii) the act that constitutes a criminal 
                        contempt occurs outside the presence of the 
                        magistrate judge, or
                            ``(iii) the act constitutes a civil 
                        contempt,
        the magistrate judge shall forthwith certify the facts of 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 of 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 issued pursuant to this section 
        shall be made to the court of appeals in cases proceeding under 
        subsection (c) of this section. The appeal of any other order 
        to contempt issued pursuant to this section shall be made to 
        the district court.''.

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

    (a) Amendments to Title 18.--
            (1) Petty offense cases.--Section 3401(b) of title 18, 
        United States Code, is amended by striking ``that is a class B 
        misdemeanor charging a motor vehicle offense, a class C 
        misdemeanor, or an infraction,'' after ``petty offense''.
            (2) Cases involving juveniles.--Section 3401(g) of title 
        18, United States Code, is amended--
                    (A) by striking the first sentence and inserting 
                the following: ``The magistrate judge may, in a petty 
                offense case involving a juvenile, exercise all powers 
                granted to the district court under chapter 403 of this 
                title.'';
                    (B) in the second sentence by striking ``any other 
                class B or C misdemeanor case'' and inserting ``the 
                case of any misdemeanor, other than a petty offense,''; 
                and
                    (C) by striking the last sentence.
    (b) Amendments to Title 28.--Section 636(a) of title 28, United 
States Code, is amended by striking paragraphs (4) and (5) and 
inserting 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.--Section 124(c) of title 28, United States Code, is 
amended--
            (1) in paragraph (3)--
                    (A) by striking ``Denton, and Grayson'' and 
                inserting ``Delta, Denton, Fannin, Grayson, Hopkins, 
                and Lamar''; and
                    (B) by inserting ``and Plano'' after ``held at 
                Sherman'';
            (2) by striking paragraph (4) and redesignating paragraphs 
        (5) through (7) as paragraphs (4) through (6), respectively; 
        and
            (3) in paragraph (5), as so redesignated, by inserting 
        ``Red River,'' after ``Franklin,''.
    (b) Texarkana.--Sections 83(b)(1) and 124(c)(5) (as redesignated by 
subsection (a) of this section) of title 28, United States Code, are 
each amended by inserting after ``held at Texarkana'' 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) is 
amended by striking all that follows ``there are authorized to be 
appropriated'' and inserting ``for fiscal year 2000 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 of title 28, United States Code, is amended in 
subsection (a)--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) Except for the chief judge of the circuit, either 
        judges in regular active service or judges retired from regular 
        active service under section 371(b) of this title may serve as 
        members of the council.''; and
            (2) 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. 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. 210. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF COURT 
                    PROCEEDINGS.

    (a) Authority of Appellate Courts.--Notwithstanding any other 
provision of law, the presiding judge of an appellate court of the 
United States may, in his or her discretion, with the consent of all 
named parties, permit the photographing, electronic recording, 
broadcasting, or televising to the public of court proceedings over 
which that judge presides.
    (b) Authority of District Courts.--
            (1) In general.--Notwithstanding any other provision of 
        law, any presiding judge of a district court of the United 
        States may, in his or her discretion, with the consent of all 
        named parties, permit the photographing, electronic recording, 
        broadcasting, or televising to the public of court proceedings 
        over which that judge presides.
            (2) Obscuring of witnesses.--(A) Upon the request of any 
        witness in a trial proceeding other than a party, the court 
        shall order the face and voice of the witness to be disguised 
        or otherwise obscured in such manner as to render the witness 
        unrecognizable to the broadcast audience of the trial 
        proceeding.
            (B) The presiding judge in a trial proceeding shall inform 
        each witness who is not a party that the witness has the right 
        to request that his or her image and voice be obscured during 
        the witness' testimony.
    (c) Advisory Guidelines.--The Judicial Conference of the United 
States is authorized to promulgate advisory guidelines to which a 
presiding judge shall refer in making decisions with respect to 
consistent criteria to be applied in the exercise of the discretion of 
the presiding judge, and to the management and administration of 
photographing, recording, broadcasting, or televising described in 
subsections (a) and (b).
    (d) Definitions.--As used in this section:
            (1) Presiding judge.--The term ``presiding judge'' means 
        the judge presiding over the court proceeding concerned. In 
        proceedings in which more than one judge participates, the 
        presiding judge shall be the senior active judge so 
        participating or, in the case of a circuit court of appeals, 
        the senior active circuit judge so participating, except that--
                    (A) in en banc sittings of any United States 
                circuit court of appeals, the presiding judge shall be 
                the chief judge of the circuit whenever the chief judge 
                participates; and
                    (B) in en banc sittings of the Supreme Court of the 
                United States, the presiding judge shall be the Chief 
                Justice whenever the Chief Justice participates.
            (2) Appellate court of the united states.--The term 
        ``appellate court of the United States'' means any United 
        States circuit court of appeals and the Supreme Court of the 
        United States.
    (e) Sunset.--The authority under subsection (b) shall terminate on 
the date that is 3 years after the date of the enactment of this Act.

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

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

    Section 373 of title 28, 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 sixty-five years or upon 
relinquishing office if the judge is then beyond the age of sixty-five 
years--
            ``(A) if the judicial service of such judge, continuous or 
        otherwise, aggregates fifteen 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 then fifteen 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 fifteen.
    ``(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 fifteen.''; and
            (3) by amending subsection (g) to read as follows:
    ``(g) Any retired judge who is entitled to receive an annuity under 
this section shall be entitled to a cost-of-living adjustment in the 
amount computed as specified in section 8340(b) of title 5, except that 
in no case may the annuity payable to such retired judge, as increased 
under this subsection, exceed the salary of a judge in regular active 
service with the court on which the retired judge served before 
retiring.''.

SEC. 302. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS.

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

SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT MATTERS.

    (a) Elimination of Mandatory Retirement Age for Director of Federal 
Judicial Center.--Section 627 of title 28, United States Code, is 
amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b) through (f) as 
        subsections (a) through (e), respectively.
    (b) Creditable Service for Certain Judicial Administrative 
Officials.--
            (1) Sections 611(d) and 627(d) (as redesignated by 
        subsection (a) of this section) of title 28, United States 
        Code, are each amended by inserting ``a congressional employee 
        in the capacity of primary administrative assistant to a Member 
        of Congress or in the capacity of staff director or chief 
        counsel for the majority or the minority of a committee or 
        subcommittee of the Senate or House of Representatives,'' after 
        ``Congress,''; and
            (2) Sections 611(b) and 627(b) (as redesignated by 
        subsection (a) of this section) of such title are each 
        amended--
                    (A) by striking ``who has served at least fifteen 
                years and'' and inserting ``who has at least fifteen 
                years of service and has''; and
                    (B) in the first undesignated paragraph, by 
                striking ``who has served at least ten years,'' and 
                inserting ``who has at least ten years of service,''.
            (3) Sections 611(c) and 627(c) (as redesignated by 
        subsection (a) of this section) of such title are each 
        amended--
                    (A) by striking ``served at least fifteen years,'' 
                and inserting ``at least fifteen years of service,''; 
                and
                    (B) by striking ``served less than fifteen years,'' 
                and inserting ``less than fifteen years of service,''.

SEC. 304. JUDGES' FIREARMS TRAINING.

    (a) In General.--Chapter 21 of title 28, United States Code, is 
amended by adding at the end 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--
            ``(1) to those States in which the carrying of firearms by 
        judicial officers of the State is permitted by State law, or--
            ``(2) regardless of State law, to any State in which 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 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 Marshals Service policy 
                on carrying of firearms by persons receiving such 
                protection.
            ``(2) Assistance by other agencies.--At the request of the 
        Judicial Conference, the Attorney General and appropriate law 
        enforcement components of the Department of Justice shall 
        assist the Judicial Conference in developing and providing 
        training to assist judicial officers in securing the 
        proficiency referred to in paragraph (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 been 
        retired from the judicial office under section 371(a) for--
                    ``(A) no longer than 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 Amendments.--
            (1) The table of sections for chapter 21 of title 28, 
        United States Code, is amended--
                    (A) in the item relating to section 452, by 
                striking ``power'' and inserting ``powers''; and
                    (B) by adding at the end the following:

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

            (2) The section heading for section 453 of title 28, United 
        States Code, is amended to read as follows:

``Sec. 453. Oath of justices and judges''.

    (c) Effective Date.--The amendments made by subsection (a) and 
subsection (b)(1)(B) of this section shall take effect upon the earlier 
of the promulgation of regulations by the Judicial Conference under 
this section or one year after the date of the enactment of this Act.

SEC. 305. REMOVAL OF AUTOMATIC EXCUSE FROM JURY SERVICE FOR MEMBERS OF 
                    THE ARMED SERVICES, MEMBERS OF FIRE AND POLICE 
                    DEPARTMENTS, AND PUBLIC OFFICERS.

    (a) Removal of Automatic Excuse.--Section 1863(b) of title 28, 
United States Code, is amended by striking paragraph (6) and 
redesignating subsequent paragraphs accordingly.
    (b) Conforming Amendments.--Section 1869 of title 28, United States 
Code, is amended--
            (1) by striking subsections (i) and (k);
            (2) by redesignating subsection (j) as subsection (i) and 
        by striking the semicolon at the end and inserting ``; and''; 
        and
            (3) by redesignating subsection (l) as subsection (k).
    (c) Service by Members of Armed Forces.--(1) Section 982 of title 
10, United States Code, is amended--
            (A) by amending the section heading to read as follows:

``Sec. 982. Members: service on Federal, State, and local juries''; and

            (B) in subsection (a) by striking ``State or'' and 
        inserting ``Federal, State, or''.
    (2) The item relating to section 982 in the table of sections for 
chapter 49 of title 10, United States Code, is amended to read as 
follows:

``982. Members: service on Federal, State, and local juries.''.

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

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

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

    Section 604 of title 28, United States Code, is amended by adding 
at the end 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 employee's personal property claims. The Director 
shall prescribe guidelines for the consideration of claims under this 
subsection.''.

SEC. 308. ELIMINATION OF THE PUBLIC DRAWING REQUIREMENTS FOR SELECTION 
                    OF JUROR WHEELS.

    (a) Drawing of Names From Master Wheel.--Section 1864(a) of title 
28, United States Code, is amended--
            (1) by striking ``publicly'' in the first sentence; and
            (2) by inserting after the first sentence the following: 
        ``The clerk or jury commission shall post a general notice for 
        public review in the clerk's office explaining the process by 
        which names are periodically and randomly drawn.''.
    (b) Selection and Summoning of Jury Panels.--Section 1866(a) of 
title 28, United States Code, is amended--
            (1) by striking ``publicly'' in the second sentence; and
            (2) by inserting after the second sentence the following: 
        ``The clerk or jury commission shall post a general notice for 
        public review in the clerk's office explaining the process by 
        which names are periodically and randomly drawn.''.

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 the following:
            ``(F) the judicial branch designated as a court unit 
        executive position by the Judicial Conference of the United 
        States.''.

SEC. 310. PAYMENTS TO MILITARY SURVIVOR BENEFIT 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. 311. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR THE FEDERAL CIRCUIT.

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

SEC. 312. AMENDMENT TO THE JURY SELECTION PROCESS.

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

SEC. 313. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON 
                    LENGTHY TRIALS.

    Section 1871(b)(2) of title 28, United States Code, is amended by 
striking ``thirty'' each place it appears and inserting ``five''.

               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 
                ``$5,400'';
                    (B) by striking ``$1,000'' and inserting 
                ``$1,600'';
            (2) in the second sentence by striking ``$2,500'' and 
        inserting ``$3,900'';
            (3) in the third sentence--
                    (A) by striking ``$750'' and inserting ``$1,200''; 
                and
                    (B) by striking ``$2,500'' and inserting 
                ``$3,900'';
            (4) by inserting after the second sentence the following 
        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 
        judicial officer of the district court. For representation of 
        such petitioner in an appellate court, the compensation for 
        each attorney shall not exceed the amount applicable for 
        representation of a defendant in an appellate court.''; and
            (5) in the last sentence by striking ``750'' and inserting 
        ``1,200''.

SEC. 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 ``500''; and
                    (B) in subparagraph (B) by striking ``300'' and 
                inserting ``500''; and
            (2) in paragraph (3) in the first sentence by striking 
        ``1,000'' and inserting ``1,600''.

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

    Section 2671 of title 28, United States Code, is amended in the 
second 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 
oversees the operation of Federal Courts created under Article 
III of the Constitution. H.R. 1752, the ``Federal Courts 
Improvement Act of 1999,'' 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. It addresses judicial financial administration, 
judicial process improvements, judiciary personnel 
administration, benefits and protections, and Criminal Justice 
Act amendments which affect the Federal Judiciary.

                Background and Need for the Legislation

    H.R. 1752, the ``Federal Courts Improvement Act of 1999,'' 
was introduced on July 30, 1997, at the request of the Judicial 
Conference of the United States.
    Periodically, the Judicial Conference submits to the 
Congress proposals 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. 1752 were developed 
within the judiciary and approved by the Judicial Conference.
    The provisions contained in H.R. 1752 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 hearing on H.R.1752 on June 16, 1999. Testimony 
was received from The Honorable Joel B. Rosen, United States 
Magistrate Judge, Camden, New Jersey, President, Federal 
Magistrate Judges Association, and The Honorable Harvey F. 
Schlesinger, Judge, United States District Court for the Middle 
District of Florida.

                        Committee Consideration

    On July 15, 1999, the Subcommittee on Courts and 
Intellectual Property met in open session and ordered favorably 
reported the bill H.R. 1752, as amended, by voice vote, a 
quorum being present. On July 27, 1999, the Committee met in 
open session and ordered favorably reported the bill H.R. 1752, 
as amended by a single amendment in the nature of a 
substititute, by voice vote, a quorum being present.

                         Votes of the Committee

    The votes of the Committee were as follows:
    On the Amendment offered by Mr. Scott to the Amendment in 
the Nature of a Substitute to eliminate the provision on 
Judges' Firearms Training: The Amendment was defeated by a 
recorded vote of 7 to 11.
    The following Members voted Aye: Representatives 
Sensenbrenner, Conyers, Berman, Scott, Lofgren, Meehan, and 
Rothman.
    The following Members voted No: Chairman Hyde and 
Representatives Gekas, Coble, Smith, Goodlatte, Chabot, 
Hutchinson, Pease, Rogan, Vitter, and Boucher.
    On the Amendment to the Chabot/Delahunt Amendment to the 
Amendment in the Nature of a Substitute offered by Mr. Watt to 
give federal judges authority to allow media coverage of court 
proceedings only with the consent of all named parties: The 
Amendment was adopted by a recorded vote of 17 to 15.
    The following Members voted Aye: Chairman Hyde and 
Representatives Sensenbrenner, Smith, Gallegly, Canady, 
Goodlatte, Jenkins, Cannon, Graham, Bono, Frank, Boucher, 
Scott, Watt, Lofgren, Waters, and Baldwin.
    The following Members voted No: Representatives McCollum, 
Gekas, Coble, Chabot, Hutchinson, Rogan, Vitter, Conyers, 
Berman, Nadler, Meehan, Delahunt, Wexler, Rothman, and Weiner.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 3(c)(4) of Rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budget authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of Rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1752, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 31, 1999.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1752, the Federal 
Courts Improvement Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman (for federal costs), who can be reached at 226-2860, 
Lisa Cash Driskill (for the state and local impact), who can be 
reached at 225-3220, and John Harris (for the private-sector 
impact), who can be reached at 226-2618.
            Sincerely,
                                  Dan L. Crippen, Director.
H.R. 1752--Federal Courts Improvement Act of 1999.

                                SUMMARY

    H.R. 1752 would make numerous operational and 
administrative changes to the federal court system. CBO 
estimates that implementing H.R. 1752 would cost $186 million 
over the 2000-2004 period, subject to appropriation of the 
necessary funds. H.R. 1752 would also increase direct spending 
by about $20 million in fiscal year 2001, but in subsequent 
years any effects on direct spending and receipts would be 
negligible. Because H.R.1752 would affect direct spending and 
receipts, pay-as-you-go procedures would apply.
    H.R. 1752 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA), but CBO estimates the 
costs would be small and would not meet the threshold 
established in that act ($50 million in 1996, adjusted annually 
for inflation).
    H.R. 1752 would impose one new private-sector mandate as 
defined in UMRA by eliminating the automatic exemption from 
federal jury service now granted to military personnel, police 
officers, firefighters, and certain public officials. CBO 
estimates that the total cost of this mandate would fall below 
the threshold established in UMRA ($100 million in 1996, 
adjusted annually for inflation).

               DESCRIPTION OF THE BILL'S MAJOR PROVISIONS

    Section 201 would authorize additional magistrate 
judgeships for Guam and the Northern Mariana Islands. 
(Magistrate judges serve as adjuncts to district judges, and 
they perform a variety of judicial duties, such as trying 
misdemeanor cases and conducting preliminary hearings.) Unlike 
the salaries and benefits of Article III judges and Supreme 
Court justices, the salaries and benefits of magistrate judges 
are not considered mandatory. Section 206 would authorize 
appropriations for the federal substance abuse treatment 
program. Other sections of H.R. 1752 could affect spending 
subject to appropriation, but CBO expects that their budgetary 
effects would not be significant.
    Section 101 would allow the Administrative Office of the 
United States Courts (AOUSC) to be reimbursed for expenses 
incurred related to forfeiture cases out of funds in the 
Department of Justice's (DOJ's) Assets Forfeiture Fund and the 
Treasury Forfeiture Fund. Section 104 would enable the court 
districts in Alabama and North Carolina to assess quarterly 
fees on debtors in chapter 11 cases. Other sections of H.R. 
1752 could affect direct spending and receipts, but CBO expects 
that their budgetary effects would not be significant

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 1752 is shown in the 
following table. The costs of this legislation fall within 
budget function 750 (administration of justice).

                                     By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
                                                                       2000     2001     2002     2003     2004
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Additional Magistrate Judgeships for Guam and the
Northern Mariana Islands (Section 201)
  Estimated Authorization Level                                            0        a        1        1        1
  Estimated Outlays                                                        0        a        1        1        1

Federal Substance Abuse Treatment Program
(Section 206)
  Estimated Authorization Level                                           35       36       37       38       39
  Estimated Outlays                                                       33       36       37       38       39

Total Changes in Discretionary Spending
  Estimated Authorization Level                                           35       36       38       39       40
  Estimated Outlays                                                       33       36       38       39       40

CHANGES IN DIRECT SPENDING
Spending of Receipts from Forfeitures (Section 101)
  Estimated Budget Authority                                               0       20        a        a        a
  Estimated Outlays                                                        0       20        a        a        a
----------------------------------------------------------------------------------------------------------------
a. Less than $500,000.

                           BASIS OF ESTIMATE

    For purposes of this estimate, CBO assumes that H.R. 1752 
will be enacted by October 1, 1999, and that the estimated 
authorization amounts will be appropriated for each fiscal 
year.
Spending Subject to Appropriation
    Based on information from the AOUSC, CBO expects that by 
fiscal year 2001 one-half of one judge-workyear would be added 
in Guam and by fiscal year 2002 one-half of one judge-workyear 
would be added in the Northern Mariana Islands under section 
201. CBO estimates that first-year costs for implementing 
section 201 would be about $400,000; annual costs in subsequent 
years would be about $700,000.
    Based on historical expenditures for the federal substance 
abuse treatment program that would be reauthorized by section 
206, CBO estimates that the AOUSC would require an 
appropriation of $35 million in fiscal year 2000 and a total of 
$185 million over the next five years, assuming annual 
adjustments for anticipated inflation. The 1999 appropriation 
for this program is $34 million. Alternatively, if no increases 
to cover inflation are assumed, the program's costs would total 
$170 million over the next five years.
    Other sections of H.R. 1752 could affect spending subject 
to appropriation, but CBO expects that their budgetary effects 
would not be significant.
Direct Spending and Receipts
    Section 101 would require that the AOUSC be reimbursed for 
forfeiture-related activities out of funds deposited into the 
Assets Forfeiture Fund and the Treasury Forfeiture Fund. 
Currently, the AOUSC is not reimbursed for its forfeiture-
related activities; all expenses are covered by discretionary 
appropriations. This provision would limit the amount available 
for reimbursement in any fiscal year to the lesser of 10 
percent of the total receipts deposited into the funds or $50 
million. Based on information from the AOUSC and DOJ, CBO 
estimates that the AOUSC would most likely receive about $50 
million annually from the funds. Over the last several years 
the forfeiture funds have realized a temporary surplus. Such 
amounts have averaged about $50 million a year and are usually 
spent over the subsequent three to four years. CBO estimates 
that enacting the reimbursement provision would speed up direct 
spending of the surplus amounts from both forfeiture funds, 
resulting in net direct spending of about $20 million in fiscal 
year 2001. (Before being reimbursed, the AOUSC must submit a 
report detailing its expenses no later than 90 days after the 
end of the fiscal year in which the expenses were incurred; 
thus, outlays associated with the reimbursement would not occur 
until fiscal year 2001, assuming enactment by October 1, 1999.) 
Beginning in fiscal year 2002, CBO estimates that the net 
effect on direct spending from the forfeiture funds would be 
negligible.
    Section 104 would enable the court districts in Alabama and 
North Carolina to assess quarterly fees in chapter 11 cases. 
Currently, chapter 11 debtors in these districts are not 
subject to the quarterly filing fees that are levied on chapter 
11 debtors in U.S. Trustee districts. According to the AOUSC 
and the U.S. Trustees, about 260 cases would be affected each 
year under this section, and the average quarterly fee for such 
cases is about $1,000. Thus, CBO estimates that enacting 
section 104 would generate about $1 million per year in 
additional fees. These fees would be available for spending for 
the operation and maintenance of the courts without 
appropriation action. Because these fees would be mostly spent 
in the same year in which they are collected, CBO estimates 
that enacting this provision would have no significant net 
impact on direct spending each year.
    Various other provisions of H.R. 1752 could affect direct 
spending and governmental receipts, but CBO estimates that any 
such effects would not be significant.

                      PAY-AS-YOU-GO CONSIDERATIONS

    The Balanced Budget and Emergency Deficit Control Act sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts. The net changes in outlays and 
governmental receipts that are subject to pay-as-you-go 
procedures are shown in the following table. For the purposes 
of enforcing pay-as-you-go procedures, only the effects in the 
current year, the budget year, and the succeeding four years 
are counted.

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                      1999   2000   2001   2002   2003   2004   2005   2006   2007   2008   2009
----------------------------------------------------------------------------------------------------------------
Changes in outlays                       0      0     20      0      0      0      0      0      0      0      0
Changes in receipts                      0      0      0      0      0      0      0      0      0      0      0
----------------------------------------------------------------------------------------------------------------

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 1752 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act, but CBO estimates the costs 
would not be significant and would not meet the threshold 
established in that act ($50 million in 1996, adjusted annually 
for inflation). The bill would preempt state firearm laws by 
permitting judicial officers of the United States to carry a 
firearm without a state permit. Based on information from the 
Administrative Office of the United States Courts, CBO 
estimates that of the 1,200 judges that would be eligible to 
carry a firearm without a state permit, fewer than 100 likely 
would pursue this option and thus would not be required to pay 
state permit fees. Because permit fees in the states that allow 
the carrying of a firearm are generally less than $150, the 
effect of this bill on state budgets would be insignificant.
    The bill also would remove the exemption from federal jury 
duty that currently exists for employees of fire and police 
departments and public officials. Under current law, employers 
are prohibited from firing, intimidating, or coercing employees 
who are called to serve on a federal jury. Removing the 
exemption would extend this mandate to state and local 
governments that employ the workers newly eligible for jury 
duty. State and local governments would incur direct costs only 
to the extent that they would be required to replace employees 
serving on a jury in order to maintain full staffing levels. 
Because the newly eligible employees would make up less than 
one percent of those eligible for service on a federal jury, 
CBO estimates that the overall effect of this provision on 
state and local governments would be small.

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    Under current law, military personnel, police officers, 
firefighters, and certain public officials are automatically 
exempt from federal jury service. Section 305 of H.R. 1752 
would eliminate this exemption, requiring such individuals to, 
if selected, serve on grand and petit juries in United States 
District Courts and would thus create a new private-sector 
mandate. Based on information from the AOUSC, CBO estimates 
that the total cost of this mandate would fall below the 
inflation-adjusted threshold established in UMRA ($100 million 
in 1996).
    Few currently exempt individuals would be selected for 
federal jury duty. Currently, exempt individuals make up 
roughly 1 percent of the population eligible for federal jury 
duty. Of the eligible population, less than two-tenths of one 
percent serve on federal juries each year. Even if called, 
military personnel, police officers, firefighters, and public 
officials are relatively less likely to be selected to sit on a 
jury because of their occupations. It is also possible that 
some district courts may preserve the exemption for some of 
these groups. Federal law allows district courts to establish 
their own juror selection plans, and these plans are often 
modeled after those of the states in which the district courts 
reside. Twenty-seven states still allow some automatic 
exemptions based on occupation, and the district courts (or 
divisions of district courts) in these states may therefore 
choose to retain these exemptions.

                         ESTIMATE PREPARED BY:

Federal Costs: Susanne S. Mehlman (226-2860)
Impact on State, Local, and Tribal Governments: Lisa Cash 
        Driskill (225-3220)
Impact on the Private Sector: John Harris (226-2618)

                         ESTIMATE APPROVED BY:

Paul N. Van de Water
Assistant Director for Budget Analysis

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of the Rule XIII 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

    Sec. 1. Short Title and Table of Contents: This section 
states that this Act may be cited at the ``Federal Courts 
Improvement Act of 1999''.
    Section 101: Reimbursement of Judiciary For Civil and 
Criminal Forfeiture Expenses: This amends section 524(c) of 
title 28, United States Code, 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 (CJA), 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 contributions 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: Judiciary Information Technology Fund: This 
section eliminates a provision in the ``Information Technology 
Management Reform Act'' (ITMRA, also known as the Clinger-Cohen 
Act of 1996) which subjects the Fund to the budget management 
process of the executive branch. This section also clarifies 
the phrase ``information technology'' in Section 5602 of the 
IMTRA which replaced the phrase ``automatic data processing'' 
in the repealed Brooks Automatic Data Processing Act.
    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 21 regions 
throughout the county. Bankruptcy Judges, United States 
Trustees, and Family Farmer Bankruptcy Act of 1986, Public Law 
No. 99-554, 100 Stat. 3088 (1986). This act authorized the 
Judicial Conference to establish bankruptcy administrators 
programs, in lieu of the U.S. Trustee program, in six judicial 
districts in the states of Alabama and North Carolina. 
Currently, debtors in the United States trustee and bankruptcy 
administrator districts pay the same fees when filing for 
bankruptcy, but chapter 11 debtors in bankruptcy administrator 
districts are not subject to the additional fees on quarterly 
disbursements that are subsequently levied on chapter 11 
debtors in United States trustees 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 Multidistrict Litigation.
    This provision responds to a directive from congressional 
appropriations committees that the judiciary identify ways to 
increase offsetting receipts.
    Section 106: Repeal of Statute Setting 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 107: Technical Amendment Relating to the Treatment 
of Certain Bankruptcy Fees Collected: This section would retain 
the current revenue structure while allowing for the 
renumbering of the Bankruptcy Fee Schedule that is required due 
to the repeal of outdated fees. Pursuant to Public Law No. 101-
162, all revenues received from miscellaneous fees numbered as 
items 1 through 18 of the Bankruptcy Fee Schedule are deposited 
into the general Treasury, with the exception of item 8 related 
to costs of noticing, which is deposited to the ``Courts of 
Appeals, District Courts, and Other Judicial Services, Salaries 
and Expenses'' appropriation pursuant to section 404(a) of 
Public Law No. 101-162. Revenues received from fees numbered 
higher than item 18 are deposited, pursuant to section 406(b) 
of Public Law No. 101-162, into the special fund for the 
judiciary established under 28 U.S.C. Sec. 1931 and are 
available to offset funds that are appropriated by Congress for 
the operation and maintenance of the courts. This section would 
continue the existing structure by requiring that fees 
established prior to the enactment of the legislation 
establishing the judiciary fund, with the exception of noticing 
fees, be deposited into the general Treasury, and any fees 
established after that date be deposited into the judiciary 
fund.
    Section 108: Increase in Fee for Converting a Chapter 7 of 
Chapter 13 Bankruptcy Case to a Chapter 11 Bankruptcy Case: 
This section would make the fee for converting a chapter 7 
(liquidation) or chapter 13 (individual debt adjustment) 
bankruptcy case to a chapter 11 (reorganization) case equal to 
the filing fee for a chapter 11 case. This would correct the 
inconsistency that occurs when a petitioner files a case under 
chapter 7 for an initial fee $175 or chapter 13 for an initial 
fee of $160 and then converts the case to a chapter 11 case for 
a conversion fee of $400. In those instances, the total amount 
paid ($575 and $560, respectively) is less than the $800 fee 
for originally filing a case under chapter 11.
    Section 109: Increase in Chapter 9 Bankruptcy Filing Fee: 
This section would increase the fee for filing bankruptcy 
petitions under chapter 9 (debt adjustment for municipalities) 
from $300 to the fee for filing petitions under chapter 11 
(reorganization), which is $800. This increase reflects more 
accurately the judicial resources required to process chapter 9 
cases, which are procedurally similar to chapter 11 cases. The 
resulting increase would be deposited into the special 
judiciary fund in the Treasury and would be available to offset 
funds that are appropriated by Congress for the operation and 
maintenance of the courts.
    Section 110: 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 111: Fee Authority for Technology Resources in the 
Courts: This section provides the judiciary with the authority 
to set, collect, and retain fees for the use of new 
technologies provided by the courts.
    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 Judge Contempt Authority: Section 
636(e)(1)--This section provides that a United States 
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)--Some contumacious conduct may be so 
egregious as to require more severe punishment. In such 
situations, this section provides that the certification 
procedure set forth in the current 28 U.S.C. Sec. 636(e) shall 
be retained.
    Section 636(e)(7)--This section provides that in civil 
consent cases under Sec. 636(c), an appeal from a magistrate 
judge's contempt order would be heard by the court of appeals 
under 28 U.S.C. Sec. 636(c)(3). In misdemeanor cases under 18 
U.S.C. Sec. 3401, an appeal of a contempt order would be heard 
by the district judge under Sec. 3402. In any other proceeding 
in which a magistrate judge presides under 28 U.S.C. 
Sec. Sec. 636(a) or (b), or any other statute, the appeal of a 
magistrate judge's summary contempt order is made to the 
district court.
    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 2000 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 member of those councils.
    Section 208: Sunset of Civil Justice Expense and Delay 
Reduction Plans: This section sunsets 28 U.S.C. Sec. 471.
    Section 209: Technical Bankruptcy Correction: Title 11, 
United States Code, section 1228 contains incorrect cross 
references to 11 U.S.C. Sec. 1222(b)(10). This section corrects 
those errors.
    Section 210: Authority of Presiding Judge to Allow Media 
Coverage of Court Proceedings: This section gives the presiding 
judge of an appellate court of the United States the discretion 
to permit, with the consent of all named parties, the 
photographing, electronic recording, broadcasting, or 
televising to the public of court proceedings over which that 
judge presides.
    It also gives the presiding judge of a district court of 
the United States the discretion to permit, with the consent of 
all named parties, the photographing, electronic recording, 
broadcasting, or televising to the public of court proceedings 
over which that judge presides. Upon the request of any witness 
that is not a party, the court shall obscure the face and the 
voice of the witness so that the witness is unrecognizable to 
the broadcast audience of that trial proceeding. The presiding 
judge shall inform witnesses of this right.
    The Judicial Conference of the United States is authorized 
to establish guidelines to which a presiding judge must refer 
in making decisions with respect to consistent criteria to be 
applied in the exercise of the discretion of the presiding 
judge and to the management and administration of media 
coverage.
    Section 301: 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 302: 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. The 
proposed language would limit the Federal Judicial Center to 
increase in four positions. The amendment also corrects a 
misspelling in the original statute.
    Section 303: 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 Courts.
    Section 304: Judges' Firearms Training: This section 
authorizes federal judges (including magistrate judges and 
bankruptcy judges) to carry firearms for purposes of personal 
security and to establish a mandatory firearms training 
program.
    Section 305: Removal of Automatic Excuse from Jury Service 
for Members of the Armed Services, Members of Fire and Police 
Departments, and Public Officers: This section eliminates two 
categories of exemptions from jury service: (1) members of 
state and local fire or police departments; and (2) ``public 
officers'' of federal and state governments.
    Section 306: Expanded Workers' Compensation Coverage for 
Jurors: The Jury Act currently extends Federal Employees' 
Compensation Act (workers' compensation) 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 307: 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 308: Elimination of the Public Drawing Requirements 
for Selection of Juror Wheels: This section eliminates the 
noticing and public drawing requirements for selecting names 
from jury wheels. This section would eliminate the requirement 
to post a separate notice for each drawing from the master and 
qualified wheels, as well as the requirement to draw names 
publicly and/or to post public notices. Instead, one general 
notice will be posted in the clerk's office that explains the 
process by which names are randomly and periodically drawn from 
the wheels.
    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: Payments to Military Survivor Benefit 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 311: Authorization of a Circuit Executive for the 
Federal Circuit: Section 413 of the bill adds a new subsection 
(h) to section 332 of title 28, United States Code, to permit 
the United States Court of Appeals for the Federal Circuit to 
appoint a circuit executive. However, the Federal Circuit would 
not be able to have both a clerk of court appointed under 28 
U.S.C. Sec. 711 and a circuit executive, although it could 
appoint a combined circuit executive/clerk.
    Section 312: Amendment to the Jury Selection Process: This 
section amends the Jury Selection and Service Act, 28 U.S.C. 
Sec. 1865, to permit the chief judge to authorize the clerk of 
the court, under the supervision of the court (and if provided 
for in the court's jury selection plan), to determine whether 
persons are qualified, unqualified, exempt, or excused from 
jury service.
    Section 313: Supplemental Attendance Fee for Petit Jurors 
Serving on Lengthy Trials: This section amends 28 U.S.C. 
Sec. 1871(b)(2) by shortening the number of days that a juror 
is required to serve before he or she is eligible for the 
supplemental daily fee authorized by this section. Currently, a 
juror who is required to serve more than thirty days is 
permitted to receive an additional ten dollars a day, above the 
established juror fee.
    Section 401: Maximum Amounts of Compensation for Attorneys: 
This section increases the case compensation maximum amounts 
for attorneys by approximately the rate of inflation since 1986 
(44%), the last year case compensation maximums were increased. 
This section also changes 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 increases the compensation 
maximums of investigators, experts, and other service providers 
by approximately the rate of inflation since 1986 (44%), 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.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) 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.

           *       *       *       *       *       *       *


                            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.
        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. 124. Texas

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

           *       *       *       *       *       *       *


                            Eastern District

    (c) The Eastern District comprises seven divisions.
        (1) * * *

           *       *       *       *       *       *       *

        (3) The Sherman Division comprises the counties of Collin, 
            Cook, [Denton, and Grayson] Delta, Denton, Fannin, Grayson, 
            Hopkins, and Lamar.
        Court for the Sherman Division shall be held at Sherman and 
            Plano.
        [(4) The Paris Division comprises the counties of Delta, 
            Fannin, Hopkins, Lamar, and Red River.
        [Court for the Paris Division shall be held at Paris.]
        [(5)] (4) The Marshall Division comprises the counties of Camp, 
            Cass, Harrison, Marion, Morris, and Upshur.
        Court for the Marshall Division shall be held at Marshall.
        [(6)] (5) The Texarkana Division comprises the counties of 
            Bowie, Franklin, Red River, 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.
        [(7)] (6) The Lufkin Division comprises the counties of 
            Angelina, Houston, Nacogdoches, Polk, Sabine, San 
            Augustine, Shelby, Trinity, and Tyler.
        Court for the Lufkin Division shall be held at Lufkin.

           *       *       *       *       *       *       *


CHAPTER 15--CONFERENCES AND COUNCILS OF JUDGES

           *       *       *       *       *       *       *


Sec.  332. Judicial councils of circuits

    (a)(1) * * *

           *       *       *       *       *       *       *

    [(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.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


CHAPTER 17--RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

           *       *       *       *       *       *       *


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

    (a) * * *

           *       *       *       *       *       *       *

    (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 sixty-
five years or upon relinquishing office if the judge is then 
beyond the age of sixty-five years--
            (A) if the judicial service of such judge, 
        continuous or otherwise, aggregates fifteen 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 then fifteen 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 fifteen.
    (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 fifteen.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


     CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

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

[Sec. 453. Oaths of justices and judges]

Sec. 453. Oath of justices and judges

           *       *       *       *       *       *       *


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--
            (1) to those States in which the carrying of 
        firearms by judicial officers of the State is permitted 
        by State law, or--
            (2) regardless of State law, to any State in which 
        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 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 Marshals Service policy on carrying of 
                firearms by persons receiving such protection.
            (2) Assistance by other agencies.--At the request 
        of the Judicial Conference, the Attorney General and 
        appropriate law enforcement components of the 
        Department of Justice shall assist the Judicial 
        Conference in developing and providing training to 
        assist judicial officers in securing the proficiency 
        referred to in paragraph (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 
        been retired from the judicial office under section 
        371(a) for--
                    (A) no longer than 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) * * *

           *       *       *       *       *       *       *

            (12)(A) In the fiscal year subsequent to the fiscal 
        year in which this paragraph is enacted and in each 
        fiscal year thereafter, an amount as specified in 
        subparagraph (B) shall be transferred annually to the 
        judiciary into the fund established under section 1931 
        of this title, for expenses incurred in--
                    (i) adjudication of civil and criminal 
                forfeiture proceedings that result in deposits 
                into the Fund (except the expense of salaries 
                of judges);
                    (ii) representation, pursuant to the 
                provisions of section 3006A of title 18 or 
                section 408(q) of the Controlled Substances Act 
                (21 U.S.C. 848(q)) of defendants whose assets 
                have been seized in such forfeiture 
                proceedings, to the extent that such expenses 
                of representation could have been recovered 
                through an order for payment or for 
                reimbursement of the defender services 
                appropriation 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 under subparagraph 
        (A)--
                    (i) shall be an amount from the combined 
                fiscal year deposits into both the Fund and the 
                Department of Treasury Asset Forfeiture Fund 
                established by section 9703 of title 31 
                (hereafter referred to as ``both Funds''), 
                which amount shall not exceed the statement of 
                costs incurred by the judiciary in providing 
                the services identified in subparagraph (A), as 
                set forth by the Director of the Administrative 
                Office of the United States Courts in a report 
                to the Attorney General and the Secretary of 
                the Treasury no later than 90 days after the 
                end of the fiscal year in which the expenses 
                were incurred; except that--
                            (I) the total amount to be 
                        transferred from both Funds shall not 
                        exceed $50,000,000, or 10 percent of 
                        the total combined deposits into both 
                        Funds, whichever is less;
                            (II) the proportion of the amount 
                        transferred from the Fund to the total 
                        amount to be transferred shall be equal 
                        to the proportion of the fiscal year 
                        deposits into the Fund to the combined 
                        fiscal year deposits in both Funds; and
                            (III) the total amount to be 
                        transferred from both Funds may exceed 
                        the limits set out in this subparagraph 
                        subject to the discretion of the 
                        Attorney General and the Secretary of 
                        the Treasury; and
                    (ii) shall be paid from revenues deposited 
                into the Fund during the fiscal year in which 
                the expenses were incurred and are not required 
                to be specified in appropriations Acts.

           *       *       *       *       *       *       *


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) 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 employee's 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 hisretirement 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 Representatives, 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
                            (ii) the use of the multi-year 
                        contract will yield substantial cost 
                        savings when compared with other 
                        methods of providing the necessary 
                        resources.

           *       *       *       *       *       *       *

    [(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 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) * * *

           *       *       *       *       *       *       *


CHAPTER 42--FEDERAL JUDICIAL CENTER

           *       *       *       *       *       *       *


Sec. 613. Disbursing and certifying officers

    (a) Disbursing Officers.--The Director may designate in 
writing officers and employees of the judicial branch of the 
Government, including the courts as defined in section 610 
other than the Supreme Court, to be disbursing officers in such 
numbers and locations as the Director considers necessary. Such 
dispersing 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 use of information technology resources provided 
by the judiciary to improve the efficiency of and access to the 
courts. Fees collected pursuant to this section are to be 
deposited in the Judiciary Information Technology Fund to be 
available to the Director without fiscal year limitation for 
reinvestment in information technology resources which will 
advance the purposes of this section.

           *       *       *       *       *       *       *


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.
    (d) The Director may procure personal services as 
authorized by section 3109 of title 5[, United States Code,] at 
rates not to exceed the daily equivalent of the highest rate 
payable under General Schedule pay rates, section 5332, title 
5[, United States Code].

           *       *       *       *       *       *       *


Sec. 627. Retirement; employee benefits

    [(a) A Director of the Federal Judicial Center who attains 
the age of seventy years shall be retired from that office.]
    [(b)] (a) The Director, Deputy Director, the professional 
staff, and the clerical and secretarial employees of the 
Federal Judicial Center shall be deemed to be officers and 
employees of the judicial branch of the United States 
Government within the meaning of subchapter III of chapter 83 
(relating to civil service retirement), chapter 84 (relating to 
the Federal Employees' Retirement System), chapter 87 (relating 
to Federal employees' life insurance program), and chapter 89 
(relating to Federal employees' health benefits program) of 
title 5,
    United States Code: Provided, however, That the Director, 
upon written notice filed with the Director of the 
Administrative Office of the United States Courts within 6 
months after the date on which he takes office, may waive 
coverage under chapter 83 of title 5, subchapter III (the Civil 
Service Retirement System) or chapter 84 of title 5 (the 
Federal Employees' Retirement System), whichever is applicable, 
and elect coverage under the retirement and disability 
provisions of this section. A Director who elects coverage 
under this section shall be deemed an ``employee'' for purposes 
of chapter 84 of title 5, subchapter III, regardless of whether 
he has waived the coverage of chapter 83, subchapter III, or 
chapter 84: And provided further, That upon his nonretirement 
separation from the Federal Judicial Center, waiver of coverage 
under chapter 83, subchapter III, and election of this section 
shall not operate to foreclose to the Director such opportunity 
as the law may provide to secure retirement credit under 
chapter 83 for service as Director by depositing with interest 
the amount required by section 8334 of title 5. A Director who 
waives coverage under chapter 84 and elects this section may 
secure retirement credit under chapter 84 for service as 
Director by depositing with interest 1.3 percent of basic pay 
for service from January 1, 1984, through December 31, 1986, 
and the amount referred to in section 8422(a) of title 5, for 
service after December 31, 1986. Interest shall be computed 
under section 8334(e) oftitle 5.
    [(c)] (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 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)] (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.
    [(e)] (d) 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 Representatives, or a civilian 
official appointed by the President, by and with the advice and 
consent of the Senate.
    [(f)] (e) Each annuity payable under this section shall be 
increased by the same percentage amount and effective on the 
same date as annuities payable under chapter 83 of title 5, are 
increased as provided by section 8340 of title 5.

           *       *       *       *       *       *       *


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 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) Contempt authority.--A United States magistrate 
        judge serving under this chapter shall have within the 
        territorial jurisdiction prescribed by his or her 
        appointment the power to exercise contempt authority as 
        set forth in this subsection.
            (2) Summary criminal contempt authority.--A 
        magistrate judge shall have the power to punish 
        summarily by fine or imprisonment such contempt of his 
        or her authority constituting misbehavior of any person 
        in the magistrate judge's presence so as to obstruct 
        the administration of justice. The order of contempt 
        shall be issued pursuant to 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 paragraph shall not be construed 
        to limit the authority of a magistrate judge to order 
        sanctions pursuant to any other statute, the Federal 
        Rules of Civil Procedure, or the Federal Rules of 
        Criminal Procedure.
            (5) Criminal contempt penalties.--The sentence 
        imposed by a magistrate judge for any criminal contempt 
        set forth in paragraphs (2) and (3) of this subsection 
        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 act--
                    (A) in any case in which a United States 
                magistrate judge presides with the consent of 
                the parties under subsection (c) of this 
                section, or in any misdemeanor case proceeding 
                before a magistrate judge under section 3401 of 
                title 18, that may, in the opinion of the 
                magistrate judge, constitute a serious criminal 
                contempt punishable by penalties exceeding 
                those set forth in paragraph (5) of this 
                subsection, or
                    (B) in any other case or proceeding under 
                subsection (a) or (b) of this section, or any 
                other statute, where--
                            (i) the act committed in the 
                        magistrate judge's presence may, in the 
                        opinion of the magistrate judge, 
                        constitute a serious criminal contempt 
                        punishable by penalties exceeding those 
                        set forth in paragraph (5) of this 
                        subsection,
                            (ii) the act that constitutes a 
                        criminal contempt occurs outside the 
                        presence of the magistrate judge, or
                            (iii) the act constitutes a civil 
                        contempt,
        the magistrate judge shall forthwith certify the facts 
        of 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 of 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 issued pursuant to 
        this section shall be made to the court of appeals in 
        cases proceeding under subsection (c) of this section. 
        The appeal of any other order to contempt issued 
        pursuant to this section 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.]
            [(7)] (6) fix the time when the names drawn from 
        the qualified jury wheel shall be disclosed to parties 
        and to the public. If the plan permits these names to 
        be made public, it may nevertheless permit the chief 
        judge of the district court, or such other district 
        court judge as the plan may provide, to keep these 
        names confidential in any case where the interests of 
        justice so require.
            [(8)] (7) specify the procedures to be followed by 
        the clerk or jury commission in assigning persons whose 
        names have been drawn from the qualified jury wheel to 
        grand and petit jury panels.

           *       *       *       *       *       *       *


Sec. 1864. Drawing of names from the master jury wheel; completion of 
                    juror qualification form

    (a) From time to time as directed by the district court, 
the clerk or a district judge shall [publicly] draw at random 
from the master jury wheel the names of as many persons as may 
be required for jury service. The clerk or jury commission 
shall post a general notice for public review in the clerk's 
office explaining the process by which names are periodically 
and randomly drawn. The clerk or jury commission may, upon 
order of the court, prepare an alphabetical list of the names 
drawn from the master jury wheel. Any list so prepared shall 
not be disclosed to any person except pursuant to the district 
court plan or pursuant to section 1867 or 1868 of this title. 
The clerk or jury commission shall mail to every person whose 
name is drawn from the master wheel a juror qualification form 
accompanied by instructions to fill out and return the form, 
duly signed and sworn, to the clerk or jury commission by mail 
within ten days. If the person is unable to fill out the form, 
another shall do it for him, and shall indicate that he has 
done so and the reason therefor. In any case in which it 
appears that there is an omission, ambiguity, or error in a 
form, the clerk or jury commission shall return the form with 
instructions to the person to make such additions or 
corrections as may be necessary and to return the form to the 
clerk or jury commission within ten days. Any person who fails 
to return a completed juror qualification form as instructed 
may be summoned by the clerk or jury commission forthwith to 
appear before the clerk or jury commission to fill out a juror 
qualification form. A person summoned to appear because of 
failure to return a juror qualification form as instructed who 
personally appears and executes a juror qualification form 
before the clerk or jury commission may, at the discretion of 
the district court, except where his prior failure to execute 
and mail such form was willful, be entitled to receive for such 
appearance the same fees and travel allowances paid to jurors 
under section 1871 of this title. At the time of his appearance 
for jury service, any person may be required to fill out 
another juror qualification form in the presence of the jury 
commission or the clerk or the court, at which time, in such 
cases as it appears warranted, the person may be questioned, 
but only with regard to his responses to questions contained on 
the form. Any information thus acquired by the clerk or jury 
commission may be noted on the juror qualification form and 
transmitted to the chief judge or such district court judge as 
the plan may provide.

           *       *       *       *       *       *       *


Sec. 1865. Qualifications for jury service

    (a) The chief judge of the district court, or such other 
district court judge as the plan may provide, on his initiative 
or upon recommendation of the clerk or jury commission, or the 
clerk under supervision of the court if the court's jury 
selection plan so authorizes, shall determine solely on the 
basis of information provided on the juror qualification form 
and other competent evidence whether a person is unqualified 
for, or exempt, or to be excused from jury service. The clerk 
shall enter such determination in the space provided on the 
juror qualification form and in any alphabetical list of names 
drawn from the master jury wheel. If a person did not appear in 
response to a summons, such fact shall be noted on said list.
    (b) In making such determination the chief judge of the 
district court, or such other district court judge as the plan 
may provide, or the clerk if the court's jury selection plan so 
provides, shall deem any person qualified to serve on grand and 
petit juries in the district court unless he--
            (1) * * *

           *       *       *       *       *       *       *


Sec. 1866. Selection and summoning of jury panels

    (a) The jury commission, or in the absence thereof the 
clerk, shall maintain a qualified jury wheel and shall place in 
such wheel names of all persons drawn from the master jury 
wheel who are determined to be qualified as jurors and not 
exempt or excused pursuant to the district court plan. From 
time to time, the jury commission or the clerk shall [publicly] 
draw at random from the qualified jury wheel such number of 
names of persons as may be required for assignment to grand and 
petit jury panels. The clerk or jury commission shall post a 
general notice for public review in the clerk's office 
explaining the process by which names are periodically and 
randomly drawn. The jury commission or the clerk shall prepare 
a separate list of names of persons assigned to each grand and 
petit jury panel.

           *       *       *       *       *       *       *


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;]
    [(j)] (i) ``undue hardship or extreme inconvenience'', as a 
basis for excuse from immediate jury service under section 
1866(c) (1) of this chapter, shall mean great distance, either 
in miles or traveltime, from the place of holding court, grave 
illness in the family or any other emergency which outweighs in 
immediacy and urgency the obligation to serve as a juror when 
summoned, or any other factor which the court determines to 
constitute an undue hardship or tocreate an extreme 
inconvenience to the juror; and in addition, in situations 
where it is anticipated that a trial or grand jury proceeding 
may require more than thirty days of service, the court may 
consider, as a further basis for temporary excuse, severe 
economic hardship to an employer which would result from the 
absence of a key employee during the period of such service; 
and
    [(k) ``publicly draw'', as referred to in sections 1864 and 
1866 of this chapter, shall mean a drawing which is conducted 
within the district after reasonable public notice and which is 
open to the public at large under the supervision of the clerk 
or jury commission, except that when a drawing is made by means 
of electronic data processing, ``publicly draw'' shall mean a 
drawing which is conducted at a data processing center located 
in or out of the district, after reasonable public notice given 
in the district for which juror names are being drawn, and 
which is open to the public at large under such supervision of 
the clerk or jury commission as the Judicial Conference of the 
United States shall by regulation require; and]
    [(l)] (j) ``jury summons'' shall mean a summons issued by a 
clerk of court, jury commission, or their duly designated 
deputies, containing either a preprinted or stamped seal of 
court, and containing the name of the issuing clerk imprinted 
in preprinted, type, or facsimile manner on the summons or the 
envelopes transmitting the summons.

           *       *       *       *       *       *       *


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) For a case commenced under chapter 7 or 13 of 
        title 11, $130.
            (2) For a case commenced under chapter 9 of title 
        11, [$300] equal to the fee specified in paragraph (3) 
        for filing a case under chapter 11 of title 11. The 
        amount by which the fee payable under this paragraph 
        exceeds $300 shall be deposited in the fund established 
        under section 1931 of this title.

           *       *       *       *       *       *       *

            (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). 
        Such fees shall be deposited into the fund established 
        under section 1931.
    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] the 
amount equal to the difference between the fee specified in 
paragraph (3) and the fee specified in paragraph (1).

           *       *       *       *       *       *       *


                      CHAPTER 123--FEES AND COSTS

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 408(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 agency in 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.

           *       *       *       *       *       *       *

                              ----------                              


              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 in each fiscal year thereafter, an amount necessary 
to meet the transfer requirements of section 524(c)(12) of 
title 28 shall be transferred to the judiciary, and shall be 
subject to the same limitations, terms, and conditions 
specified in that section for transfers to the judiciary from 
the Department of Justice Asset Forfeiture Fund.
    [(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.
                              ----------                              


  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] service not of a kind described in 
any of the items enumerated as items 1 through 7 and as items 9 
through 18, as in effect on November 21, 1989, (and not of a 
kind described in items enumerated as items 8.1, 8.2, and 23, 
as in effect on January 1, 1998) 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 25 percent of the fees hereafter collected under 28 
U.S.C. section 1930(a)(1) 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.
                              ----------                              


                PART II OF 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] $5,400 for each attorney in a case in which 
        one or more felonies are charged, and [$1,000] $1,600 
        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] $3,900 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 judicial officer of the district court. For 
        representation of such petitioner in an appellate 
        court, the compensation for each attorney shall not 
        exceed the amount applicable for representation of a 
        defendant in an appellate court. 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] $1,200 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] $3,900 for each attorney in each 
        court. For any other representation required or 
        authorized by this section, the compensation shall not 
        exceed [$750] $1,200 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] $500 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] $500.
            (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] $1,600, 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] the case of any 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, 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; and 
$3,750,000 for the fiscal year ending September 30, 1982.] for 
fiscal year 2000 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) Except as provided in section 105 of 
this Act, each United States district court shall, within three 
years after the date of the enactment of this title, implement 
a civil justice expense and delay reduction plan under section 
471 of title 28, United States Code, as added by subsection 
(a).
  (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

           *       *       *       *       *       *       *

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               CHAPTER 49 OF TITLE 10, UNITED STATES CODE



           *       *       *       *       *       *       *
          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES

Sec.
971.  Service credit: officers may not count service performed while 
          serving as cadet or midshipman.
     * * * * * * *
[982.  Members: service on State and local juries.]
982.  Members: service on Federal, State, and local juries.

           *       *       *       *       *       *       *


[Sec. 982. Members: service on State and local juries]

Sec. 982. Members: service on Federal, State, and local juries

    (a) A member of the armed forces on active duty may not be 
required to serve on a [State or] Federal, State, or local jury 
if the Secretary concerned determines that such service--
            (1) would unreasonably interfere with the 
        performance of the member's military duties; or

           *       *       *       *       *       *       *

                              ----------                              


              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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