[106th Congress Public Law 518]
[From the U.S. Government Printing Office]
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[DOCID: f:publ518.106]
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FEDERAL COURTS IMPROVEMENT ACT 2000
[[Page 114 STAT. 2410]]
Public Law 106-518
106th Congress
An Act
To make improvements in the operation and administration of the Federal
courts, and for other purposes. <<NOTE: Nov. 13, 2000 - [S. 2915]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Federal Courts
Improvement Act of 2000.>>
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) <<NOTE: 28 USC 1 note.>> Short Title.--This Act may be cited as
the ``Federal Courts Improvement Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--JUDICIAL FINANCIAL ADMINISTRATION
Sec. 101. Extension of Judiciary Information Technology Fund.
Sec. 102. Disposition of miscellaneous fees.
Sec. 103. Increase in chapter 9 bankruptcy filing fee.
Sec. 104. Increase in fee for converting a chapter 7 or chapter 13
bankruptcy case to a chapter 11 bankruptcy case.
Sec. 105. Bankruptcy fees.
TITLE II--JUDICIAL PROCESS IMPROVEMENTS
Sec. 201. Extension of statutory authority for magistrate judge
positions to be established in the district courts of Guam
and the Northern Mariana Islands.
Sec. 202. Magistrate judge contempt authority.
Sec. 203. Consent to magistrate judge authority in petty offense cases
and magistrate judge authority in misdemeanor cases involving
juvenile defendants.
Sec. 204. Savings and loan data reporting requirements.
Sec. 205. Membership in circuit judicial councils.
Sec. 206. Sunset of civil justice expense and delay reduction plans.
Sec. 207. Repeal of Court of Federal Claims filing fee.
Sec. 208. Technical bankruptcy correction.
Sec. 209. Technical amendment relating to the treatment of certain
bankruptcy fees collected.
Sec. 210. Maximum amounts of compensation for attorneys.
Sec. 211. Reimbursement of expenses in defense of certain malpractice
actions.
TITLE III--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS
Sec. 301. Judicial administrative officials retirement matters.
Sec. 302. Applicability of leave provisions to employees of the
Sentencing Commission.
Sec. 303. Payments to military survivors benefits plan.
Sec. 304. Creation of certifying officers in the judicial branch.
Sec. 305. Amendment to the jury selection process.
Sec. 306. Authorization of a circuit executive for the Federal circuit.
Sec. 307. Residence of retired judges.
Sec. 308. Recall of judges on disability status.
Sec. 309. Personnel application and insurance programs relating to
judges of the Court of Federal Claims.
[[Page 114 STAT. 2411]]
Sec. 310. Lump-sum payment for accumulated and accrued leave on
separation.
Sec. 311. Employment of personal assistants for handicapped employees.
Sec. 312. Mandatory retirement age for Director of the Federal Judicial
Center.
Sec. 313. Reauthorization of certain Supreme Court Police authority.
TITLE IV--FEDERAL PUBLIC DEFENDERS
Sec. 401. Tort Claims Act amendment relating to liability of Federal
public defenders.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Extensions relating to bankruptcy administrator program.
Sec. 502. Additional place of holding court in the district of Oregon.
TITLE I--JUDICIAL FINANCIAL ADMINISTRATION
SEC. 101. EXTENSION OF JUDICIARY INFORMATION TECHNOLOGY FUND.
Section 612 of title 28, United States Code, is amended--
(1) by striking ``equipment'' each place it appears and
inserting ``resources'';
(2) by striking subsection (f) and redesignating subsections
(g) through (k) as subsections (f) through (j), respectively;
(3) in subsection (g), as so redesignated, by striking
paragraph (3); and
(4) in subsection (i), as so redesignated--
(A) by striking ``Judiciary'' each place it appears
and inserting ``judiciary'';
(B) by striking ``subparagraph (c)(1)(B)'' and
inserting ``subsection (c)(1)(B)''; and
(C) by striking ``under (c)(1)(B)'' and inserting
``under subsection (c)(1)(B)''.
SEC. 102. DISPOSITION OF MISCELLANEOUS FEES. <<NOTE: 28 USC 1931
note.>>
For fiscal year 2001 and each fiscal year thereafter, any portion of
miscellaneous fees collected as prescribed by the Judicial Conference of
the United States under sections 1913, 1914(b), 1926(a), 1930(b), and
1932 of title 28, United States Code, exceeding the amount of such fees
in effect on September 30, 2000, shall be deposited into the special
fund of the Treasury established under section 1931 of title 28, United
States Code.
SEC. 103. 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. 104. 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)''.
[[Page 114 STAT. 2412]]
SEC. 105. BANKRUPTCY FEES.
Section 1930(a) of title 28, United States Code, is amended by
adding at the end the following:
``(7) In districts that are not part of a United States
trustee region as defined in section 581 of this title, the
Judicial Conference of the United States may require the debtor
in a case under chapter 11 of title 11 to pay fees equal to
those imposed by paragraph (6) of this subsection. Such fees
shall be deposited as offsetting receipts to the fund
established under section 1931 of this title and shall remain
available until expended.''.
TITLE II--JUDICIAL PROCESS IMPROVEMENTS
SEC. 201. EXTENSION OF STATUTORY AUTHORITY FOR MAGISTRATE JUDGE
POSITIONS TO BE ESTABLISHED IN THE
DISTRICT COURTS OF GUAM AND THE NORTHERN
MARIANA ISLANDS.
Section 631 of title 28, United States Code, is amended--
(1) by striking the first two sentences of subsection (a)
and inserting the following: ``The judges of each United States
district court and the district courts of the Virgin Islands,
Guam, and the Northern Mariana Islands shall appoint United
States magistrate judges in such numbers and to serve at such
locations within the judicial districts as the Judicial
Conference may determine under this chapter. In the case of a
magistrate judge appointed by the district court of the Virgin
Islands, Guam, or the Northern Mariana Islands, this chapter
shall apply as though the court appointing such a magistrate
judge were a United States district court.''; and
(2) by inserting in the first sentence of paragraph (1) of
subsection (b) after ``Commonwealth of Puerto Rico,'' the
following: ``the Territory of Guam, the Commonwealth of the
Northern Mariana Islands,''.
SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.
Section 636(e) of title 28, United States Code, is amended to read
as follows:
``(e) Contempt Authority.--
``(1) In general.--A United States magistrate judge serving
under this chapter shall have within the territorial
jurisdiction prescribed by the appointment of such magistrate
judge the power to exercise contempt authority as set forth in
this subsection.
``(2) Summary criminal contempt authority.--A magistrate
judge shall have the power to punish summarily by fine or
imprisonment such contempt of the authority of such magistrate
judge constituting misbehavior of any person in the magistrate
judge's presence so as to obstruct the administration of
justice. The order of contempt shall be issued under the Federal
Rules of Criminal Procedure.
``(3) Additional criminal contempt authority in civil
consent and misdemeanor cases.--In any case in which a United
States magistrate judge presides with the consent of the parties
under subsection (c) of this section, and in any misdemeanor
case proceeding before a magistrate judge under
[[Page 114 STAT. 2413]]
section 3401 of title 18, the magistrate judge shall have the
power to punish, by fine or imprisonment, criminal contempt
constituting disobedience or resistance to the magistrate
judge's lawful writ, process, order, rule, decree, or command.
Disposition of such contempt shall be conducted upon notice and
hearing under the Federal Rules of Criminal Procedure.
``(4) Civil contempt authority in civil consent and
misdemeanor cases.--In any case in which a United States
magistrate judge presides with the consent of the parties under
subsection (c) of this section, and in any misdemeanor case
proceeding before a magistrate judge under section 3401 of title
18, the magistrate judge may exercise the civil contempt
authority of the district court. This paragraph shall not be
construed to limit the authority of a magistrate judge to order
sanctions under any other statute, the Federal Rules of Civil
Procedure, or the Federal Rules of Criminal Procedure.
``(5) Criminal contempt penalties.--The sentence imposed by
a magistrate judge for any criminal contempt provided for in
paragraphs (2) and (3) shall not exceed the penalties for a
Class C misdemeanor as set forth in sections 3581(b)(8) and
3571(b)(6) of title 18.
``(6) Certification of other contempts to the district
court.--Upon the commission of any such act--
``(A) in any case in which a United States
magistrate judge presides with the consent of the
parties under subsection (c) of this section, or in any
misdemeanor case proceeding before a magistrate judge
under section 3401 of title 18, that may, in the opinion
of the magistrate judge, constitute a serious criminal
contempt punishable by penalties exceeding those set
forth in paragraph (5) of this subsection, or
``(B) in any other case or proceeding under
subsection (a) or (b) of this section, or any other
statute, where--
``(i) the act committed in the magistrate
judge's presence may, in the opinion of the
magistrate judge, constitute a serious criminal
contempt punishable by penalties exceeding those
set forth in paragraph (5) of this subsection,
``(ii) the act that constitutes a criminal
contempt occurs outside the presence of the
magistrate judge, or
``(iii) the act constitutes a civil contempt,
the magistrate judge shall forthwith certify the facts to a
district judge and may serve or cause to be served, upon any
person whose behavior is brought into question under this
paragraph, an order requiring such person to appear before a
district judge upon a day certain to show cause why that person
should not be adjudged in contempt by reason of the facts so
certified. The district judge shall thereupon hear the evidence
as to the act or conduct complained of and, if it is such as to
warrant punishment, punish such person in the same manner and to
the same extent as for a contempt committed before a district
judge.
``(7) Appeals of magistrate judge contempt orders.--The
appeal of an order of contempt under this subsection shall be
made to the court of appeals in cases proceeding under
subsection (c) of this section. The appeal of any other order
[[Page 114 STAT. 2414]]
of contempt issued under this section shall be made to the
district court.''.
SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN PETTY OFFENSE
CASES AND MAGISTRATE JUDGE AUTHORITY IN
MISDEMEANOR CASES INVOLVING JUVENILE
DEFENDANTS.
(a) Amendments to Title 18.--
(1) Petty offense cases.--Section 3401(b) of title 18,
United States Code, is amended by striking ``that is a class B
misdemeanor charging a motor vehicle offense, a class C
misdemeanor, or an infraction,'' after ``petty offense''.
(2) Cases involving juveniles.--Section 3401(g) of title 18,
United States Code, is amended--
(A) by striking the first sentence and inserting the
following: ``The magistrate judge may, in a petty
offense case involving a juvenile, exercise all powers
granted to the district court under chapter 403 of this
title.'';
(B) in the second sentence by striking ``any other
class B or C misdemeanor case'' and inserting ``the case
of any misdemeanor, other than a petty offense,''; and
(C) by striking the last sentence.
(b) Amendments to Title 28.--Section 636(a) of title 28, United
States Code, is amended by striking paragraphs (4) and (5) and inserting
the following:
``(4) the power to enter a sentence for a petty offense; and
``(5) the power to enter a sentence for a class A
misdemeanor in a case in which the parties have consented.''.
SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIREMENTS.
Section 604 of title 28, United States Code, is amended in
subsection (a) by striking the second paragraph designated (24).
SEC. 205. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.
Section 332(a) of title 28, United States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Except for the chief judge of the circuit, either judges in
regular active service or judges retired from regular active service
under section 371(b) of this title may serve as members of the council.
Service as a member of a judicial council by a judge retired from
regular active service under section 371(b) may not be considered for
meeting the requirements of section 371(f)(1) (A), (B), or (C).''; and
(2) in paragraph (5) by striking ``retirement,'' and
inserting ``retirement under section 371(a) or 372(a) of this
title,''.
SEC. 206. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION
PLANS.
Section 103(b)(2)(A) of the Civil Justice Reform Act of 1990 (Public
Law 101-650; 104 Stat. 5096; 28 U.S.C. 471 note), as amended by Public
Law 105-53 (111 Stat. 1173), is amended by inserting ``471,'' after
``sections''.
SEC. 207. REPEAL OF COURT OF FEDERAL CLAIMS FILING FEE.
Section 2520 of title 28, United States Code, and the item relating
to such section in the table of contents for chapter 165 of such title,
are repealed.
[[Page 114 STAT. 2415]]
SEC. 208. TECHNICAL BANKRUPTCY CORRECTION.
Section 1228 of title 11, United States Code, is amended by striking
``1222(b)(10)'' each place it appears and inserting ``1222(b)(9)''.
SEC. 209. TECHNICAL AMENDMENT RELATING TO THE TREATMENT OF CERTAIN
BANKRUPTCY FEES COLLECTED.
(a) Amendment.--The first sentence of section 406(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1990 (Public Law 101-162; 103 Stat. 1016;
28 U.S.C. 1931 note) is amended by striking ``service enumerated after
item 18'' and inserting ``service not of a kind described in any of the
items enumerated as items 1 through 7 and as items 9 through 18, as in
effect on November 21, 1989,''.
(b) Application of Amendment.--The amendment made by subsection (a)
shall not apply with respect to fees collected before the date of
enactment of this Act.
SEC. 210. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.
Section 3006A(d)(2) of title 18, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``$3,500'' and inserting ``$5,200'';
and
(B) by striking ``$1,000'' and inserting ``$1,500'';
(2) in the second sentence by striking ``$2,500'' and
inserting ``$3,700'';
(3) in the third sentence--
(A) by striking ``$750'' and inserting ``$1,200'';
and
(B) by striking ``$2,500'' and inserting ``$3,900'';
(4) by inserting after the second sentence the following:
``For representation of a petitioner in a non-capital habeas
corpus proceeding, the compensation for each attorney shall not
exceed the amount applicable to a felony in this paragraph for
representation of a defendant before a judicial officer of the
district court. For representation of such petitioner in an
appellate court, the compensation for each attorney shall not
exceed the amount applicable for representation of a defendant
in an appellate court.''; and
(5) in the last sentence by striking ``$750'' and inserting
``$1,200''.
SEC. 211. REIMBURSEMENT OF EXPENSES IN DEFENSE OF CERTAIN
MALPRACTICE ACTIONS.
Section 3006A(d)(1) of title 18, United States Code, is amended by
striking the last sentence and inserting ``Attorneys may be reimbursed
for expenses reasonably incurred, including the costs of transcripts
authorized by the United States magistrate or the court, and the costs
of defending actions alleging malpractice of counsel in furnishing
representational services under this section. No reimbursement for
expenses in defending against malpractice claims shall be made if a
judgment of malpractice is rendered against the counsel furnishing
representational services under this section. The United States
magistrate or the court shall make determinations relating to
reimbursement of expenses under this paragraph.''.
[[Page 114 STAT. 2416]]
TITLE III--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS
SEC. 301. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT MATTERS.
(a) Director of Administrative Office.--Section 611 of title 28,
United States Code, is amended--
(1) in subsection (d), by inserting ``a congressional
employee in the capacity of primary administrative assistant to
a Member of Congress or in the capacity of staff director or
chief counsel for the majority or the minority of a committee or
subcommittee of the Senate or House of Representatives,'' after
``Congress,'';
(2) in subsection (b)--
(A) by striking ``who has served at least fifteen
years and'' and inserting ``who has at least fifteen
years of service and has''; and
(B) in the first undesignated paragraph, by striking
``who has served at least ten years,'' and inserting
``who has at least ten years of service,''; and
(3) in subsection (c)--
(A) by striking ``served at least fifteen years,''
and inserting ``at least fifteen years of service,'';
and
(B) by striking ``served less than fifteen years,''
and inserting ``less than fifteen years of service,''.
(b) Director of the Federal Judicial Center.--Section 627 of title
28, United States Code, is amended--
(1) in subsection (e), by inserting ``a congressional
employee in the capacity of primary administrative assistant to
a Member of Congress or in the capacity of staff director or
chief counsel for the majority or the minority of a committee or
subcommittee of the Senate or House of Representatives,'' after
``Congress,'';
(2) in subsection (c)--
(A) by striking ``who has served at least fifteen
years and'' and inserting ``who has at least fifteen
years of service and has''; and
(B) in the first undesignated paragraph, by striking
``who has served at least ten years,'' and inserting
``who has at least ten years of service,''; and
(3) in subsection (d)--
(A) by striking ``served at least fifteen years,''
and inserting ``at least fifteen years of service,'';
and
(B) by striking ``served less than fifteen years,''
and inserting ``less than fifteen years of service,''.
SEC. 302. APPLICABILITY OF LEAVE PROVISIONS TO EMPLOYEES OF THE
SENTENCING COMMISSION.
(a) In General.--Section 996(b) of title 28, United States Code, is
amended by striking all after ``title 5,'' and inserting ``except the
following: chapters 45 (Incentive Awards), 63 (Leave), 81 (Compensation
for Work Injuries), 83 (Retirement), 85 (Unemployment Compensation), 87
(Life Insurance), and 89 (Health Insurance), and subchapter VI of
chapter 55 (Payment for accumulated and accrued leave).''.
[[Page 114 STAT. 2417]]
(b) <<NOTE: 28 USC 996 note.>> Savings Provision.--Any leave that
an individual accrued or accumulated (or that otherwise became available
to such individual) under the leave system of the United States
Sentencing Commission and that remains unused as of the date of the
enactment of this Act shall, on and after such date, be treated as leave
accrued or accumulated (or that otherwise became available to such
individual) under chapter 63 of title 5, United States Code.
SEC. 303. PAYMENTS TO MILITARY SURVIVORS BENEFITS PLAN.
Section 371(e) of title 28, United States Code, is amended by
inserting after ``such retired or retainer pay'' the following: ``,
except such pay as is deductible from the retired or retainer pay as a
result of participation in any survivor's benefits plan in connection
with the retired pay,''.
SEC. 304. CREATION OF CERTIFYING OFFICERS IN THE JUDICIAL BRANCH.
(a) Appointment of Disbursing and Certifying Officers.--Chapter 41
of title 28, United States Code, is amended by adding at the end the
following:
``Sec. 613. Disbursing and certifying officers
``(a) Disbursing Officers.--The Director may designate in writing
officers and employees of the judicial branch of the Government,
including the courts as defined in section 610 other than the Supreme
Court, to be disbursing officers in such numbers and locations as the
Director considers necessary. Such disbursing officers shall--
``(1) disburse moneys appropriated to the judicial branch
and other funds only in strict accordance with payment requests
certified by the Director or in accordance with subsection (b);
``(2) examine payment requests as necessary to ascertain
whether they are in proper form, certified, and approved; and
``(3) be held accountable for their actions as provided by
law, except that such a disbursing officer shall not be held
accountable or responsible for any illegal, improper, or
incorrect payment resulting from any false, inaccurate, or
misleading certificate for which a certifying officer is
responsible under subsection (b).
``(b) Certifying Officers.--
``(1) In general.--The Director may designate in writing
officers and employees of the judicial branch of the Government,
including the courts as defined in section 610 other than the
Supreme Court, to certify payment requests payable from
appropriations and funds. Such certifying officers shall be
responsible and accountable for--
``(A) the existence and correctness of the facts
recited in the certificate or other request for payment
or its supporting papers;
``(B) the legality of the proposed payment under the
appropriation or fund involved; and
``(C) the correctness of the computations of
certified payment requests.
``(2) Liability.--The liability of a certifying officer
shall be enforced in the same manner and to the same extent as
provided by law with respect to the enforcement of the liability
of disbursing and other accountable officers. A certifying
officer shall be required to make restitution to the United
States
[[Page 114 STAT. 2418]]
for the amount of any illegal, improper, or incorrect payment
resulting from any false, inaccurate, or misleading certificates
made by the certifying officer, as well as for any payment
prohibited by law or which did not represent a legal obligation
under the appropriation or fund involved.
``(c) Rights.--A certifying or disbursing officer--
``(1) has the right to apply for and obtain a decision by
the Comptroller General on any question of law involved in a
payment request presented for certification; and
``(2) is entitled to relief from liability arising under
this section in accordance with title 31.
``(d) Other Authority Not Affected.--Nothing in this section affects
the authority of the courts with respect to moneys deposited with the
courts under chapter 129 of this title.''.
(b) Conforming Amendment.--The table of sections for chapter 41 of
title 28, United States Code, is amended by adding at the end the
following:
``613. Disbursing and certifying officers.''.
(c) <<NOTE: 28 USC 613 note.>> Rule of Construction.--The amendment
made by subsection (a) shall not be construed to authorize the hiring of
any Federal officer or employee.
(d) Duties of Director.--Section 604(a)(8) of title 28, United
States Code, is amended to read as follows:
``(8) Disburse appropriations and other funds for the
maintenance and operation of the courts;''.
SEC. 305. 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. 306. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR THE FEDERAL
CIRCUIT.
Section 332 of title 28, United States Code, is amended by adding at
the end the following:
``(h)(1) The United States Court of Appeals for the Federal Circuit
may appoint a circuit executive, who shall serve at the pleasure of the
court. In appointing a circuit executive, the court shall take into
account experience in administrative and executive positions,
familiarity with court procedures, and special training. The circuit
executive shall exercise such administrative powers and perform such
duties as may be delegated by the court. The duties delegated to the
circuit executive may include the duties specified in subsection (e) of
this section, insofar as such duties are applicable to the Court of
Appeals for the Federal Circuit.
``(2) The circuit executive shall be paid the salary for circuit
executives established under subsection (f) of this section.
``(3) The circuit executive may appoint, with the approval of the
court, necessary employees in such number as may be approved by the
Director of the Administrative Office of the United States Courts.
[[Page 114 STAT. 2419]]
``(4) The circuit executive and staff shall be deemed to be officers
and employees of the United States within the meaning of the statutes
specified in subsection (f)(4).
``(5) The court may appoint either a circuit executive under this
subsection or a clerk under section 711 of this title, but not both, or
may appoint a combined circuit executive/clerk who shall be paid the
salary of a circuit executive.''.
SEC. 307. RESIDENCE OF RETIRED JUDGES.
Section 175 of title 28, United States Code, is amended by adding at
the end the following:
``(c) Retired judges of the Court of Federal Claims are not subject
to restrictions as to residence. The place where a retired judge
maintains the actual abode in which such judge customarily lives shall
be deemed to be the judge's official duty station for the purposes of
section 456 of this title.''.
SEC. 308. RECALL OF JUDGES ON DISABILITY STATUS.
Section 797(a) of title 28, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Any judge of the Court of Federal Claims receiving an annuity
under section 178(c) of this title (pertaining to disability) who, in
the estimation of the chief judge, has recovered sufficiently to render
judicial service, shall be known and designated as a senior judge and
may perform duties as a judge when recalled under subsection (b) of this
section.''.
SEC. 309. PERSONNEL APPLICATION AND INSURANCE PROGRAMS RELATING TO
JUDGES OF THE COURT OF FEDERAL CLAIMS.
(a) In General.--Chapter 7 of title 28, United States Code, is
amended by inserting after section 178 the following:
``Sec. 179. Personnel application and insurance programs
``(a) For purposes of construing and applying title 5, a judge of
the United States Court of Federal Claims shall be deemed to be an
`officer' under section 2104(a) of such title.
``(b)(1)(A) For purposes of construing and applying chapter 89 of
title 5, a judge of the United States Court of Federal Claims who--
``(i) is retired under subsection (b) of section 178 of this
title, and
``(ii) at the time of becoming such a retired judge--
``(I) was enrolled in a health benefits plan under
chapter 89 of title 5, but
``(II) did not satisfy the requirements of section
8905(b)(1) of title 5 (relating to eligibility to
continue enrollment as an annuitant),
shall be deemed to be an annuitant meeting the requirements of section
8905(b)(1) of title 5, in accordance with the succeeding provisions of
this paragraph, if the judge gives timely written notification to the
chief judge of the court that the judge is willing to be called upon to
perform judicial duties under section 178(d) of this title during the
period of continued eligibility for enrollment, as described in
subparagraph (B)(ii) or (C)(ii) (whichever applies).
``(B) Except as provided in subparagraph (C)--
[[Page 114 STAT. 2420]]
``(i) in order to be eligible for continued enrollment under
this paragraph, notification under subparagraph (A) shall be
made before the first day of the open enrollment period
preceding the calendar year referred to in clause (ii)(II); and
``(ii) if such notification is timely made, the retired
judge shall be eligible for continued enrollment under this
paragraph for the period--
``(I) beginning on the date on which eligibility
would otherwise cease, and
``(II) ending on the last day of the calendar year
next beginning after the end of the open enrollment
period referred to in clause (i).
``(C) For purposes of applying this paragraph for the first time in
the case of any particular judge--
``(i) subparagraph (B)(i) shall be applied by substituting
`the expiration of the term of office of the judge' for the
matter following `before'; and
``(ii)(I) if the term of office of such judge expires before
the first day of the open enrollment period referred to in
subparagraph (B)(i), the period of continued eligibility for
enrollment shall be as described in subparagraph (B)(ii); but
``(II) if the term of office of such judge expires on or
after the first day of the open enrollment period referred to in
subparagraph (B)(i), the period of continued eligibility shall
not end until the last day of the calendar year next beginning
after the end of the next full open enrollment period beginning
after the date on which the term expires.
``(2) In the event that a retired judge remains enrolled under
chapter 89 of title 5 for a period of 5 consecutive years by virtue of
paragraph (1) (taking into account only periods of coverage as an active
judge immediately before retirement and as a retired judge pursuant to
paragraph (1)), then, effective as of the day following the last day of
that 5-year period--
``(A) the provisions of chapter 89 of title 5 shall be
applied as if such judge had satisfied the requirements of
section 8905(b)(1) on the last day of such period; and
``(B) the provisions of paragraph (1) shall cease to apply.
``(3) For purposes of this subsection, the term `open enrollment
period' refers to a period described in section 8905(g)(1) of title 5.
``(c) For purposes of construing and applying chapter 87 of title 5,
including any adjustment of insurance rates by regulation or otherwise,
a judge of the United States Court of Federal Claims in regular active
service or who is retired under section 178 of this title shall be
deemed to be a judge of the United States described under section
8701(a)(5) of title 5.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 7 of title 28, United States Code, is amended by striking the
item relating to section 179 and inserting the following:
``179. Personnel application and insurance programs.''.
SEC. 310. LUMP-SUM PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE ON
SEPARATION.
Section 5551(a) of title 5, United States Code, is amended in the
first sentence by striking ``or elects'' and inserting ``, is
[[Page 114 STAT. 2421]]
transferred to a position described under section 6301(2)(B)(xiii) of
this title, or elects''.
SEC. 311. EMPLOYMENT OF PERSONAL ASSISTANTS FOR HANDICAPPED
EMPLOYEES.
Section 3102(a)(1) of title 5, United States Code, is amended--
(1) in subparagraph (A) by striking ``and'';
(2) in subparagraph (B) by adding ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(C) an office, agency, or other establishment in
the judicial branch;''.
SEC. 312. MANDATORY RETIREMENT AGE FOR DIRECTOR OF THE FEDERAL
JUDICIAL CENTER.
(a) In General.--Section 627 of title 28, United States Code, is
amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) through (f) as
subsections (a) through (e), respectively.
(b) Technical and Conforming Amendments.--Section 376 of title 28,
United States Code, is amended--
(1) in paragraph (1)(D) by striking ``subsection (b)'' and
inserting ``subsection (a)''; and
(2) in paragraph (2)(D) by striking ``subsection (c) or
(d)'' and inserting ``subsection (b) or (c)''.
SEC. 313. REAUTHORIZATION OF CERTAIN SUPREME COURT POLICE
AUTHORITY.
Section 9(c) of the Act entitled ``An Act relating to the policing
of the building and grounds of the Supreme Court of the United States'',
approved August 18, 1949 (40 U.S.C. 13n(c)) is amended in the first
sentence by striking ``2000'' and inserting ``2004''.
TITLE IV--FEDERAL PUBLIC DEFENDERS
SEC. 401. TORT CLAIMS ACT AMENDMENT RELATING TO LIABILITY OF
FEDERAL PUBLIC DEFENDERS.
Section 2671 of title 28, United States Code, is amended in the
second undesignated paragraph--
(1) by inserting ``(1)'' after ``includes''; and
(2) by striking the period at the end and inserting the
following: ``, and (2) any officer or employee of a Federal
public defender organization, except when such officer or
employee performs professional services in the course of
providing representation under section 3006A of title 18.''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. EXTENSIONS RELATING TO BANKRUPTCY ADMINISTRATOR PROGRAM.
Section 302(d)(3) of the Bankruptcy Judges, United States Trustees,
and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note) is
amended--
[[Page 114 STAT. 2422]]
(1) in subparagraph (A), in the matter following clause
(ii), by striking ``or October 1, 2002, whichever occurs
first,''; and
(2) in subparagraph (F)--
(A) in clause (i)--
(i) in subclause (II), by striking ``or
October 1, 2002, whichever occurs first''; and
(ii) in the matter following subclause (II)--
(I) by striking ``October 1, 2003,
or''; and
(II) by striking ``, whichever
occurs first''; and
(B) in clause (ii), in the matter following
subclause (II)--
(i) by striking ``October 1, 2003, or''; and
(ii) by striking ``, whichever occurs first''.
SEC. 502. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT OF
OREGON.
Section 117 of title 28, United States Code, is amended by striking
``Eugene'' and inserting ``Eugene or Springfield''.
Approved November 13, 2000.
LEGISLATIVE HISTORY--S. 2915 (H.R. 1752):
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HOUSE REPORTS: No. 106-312 accompanying H.R. 1752 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 19, considered and passed Senate.
Oct. 25, considered and passed House, amended.
Oct. 27, Senate concurred in House amendments.
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