Home > 106th Congressional Bills > S. 2915 (es) To make improvements in the operation and administration of the Federal courts, and for other purposes. [Engrossed in Senate] ...

S. 2915 (es) To make improvements in the operation and administration of the Federal courts, and for other purposes. [Engrossed in Senate] ...


Google
 
Web GovRecords.org


        S.2915

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
To make improvements in the operation and administration of the Federal 
                     courts, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Courts 
Improvement Act of 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.
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.

    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)''.

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 section 3401 of title 
    18, the magistrate judge shall have the power to punish, by fine or 
    imprisonment, criminal contempt constituting disobedience or 
    resistance to the magistrate judge's lawful writ, process, order, 
    rule, decree, or command. Disposition of such contempt shall be 
    conducted upon notice and hearing under the Federal Rules of 
    Criminal Procedure.
        ``(4) Civil contempt authority in civil consent and misdemeanor 
    cases.--In any case in which a United States magistrate judge 
    presides with the consent of the parties under subsection (c) of 
    this section, and in any misdemeanor case proceeding before a 
    magistrate judge under section 3401 of title 18, the magistrate 
    judge may exercise the civil contempt authority of the district 
    court. This paragraph shall not be construed to limit the authority 
    of a magistrate judge to order sanctions under any other statute, 
    the Federal Rules of Civil Procedure, or the Federal Rules of 
    Criminal Procedure.
        ``(5) Criminal contempt penalties.--The sentence imposed by a 
    magistrate judge for any criminal contempt provided for in 
    paragraphs (2) and (3) shall not exceed the penalties for a Class C 
    misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6) of 
    title 18.
        ``(6) Certification of other contempts to the district court.--
    Upon the commission of any such act--
            ``(A) in any case in which a United States magistrate judge 
        presides with the consent of the parties under subsection (c) 
        of this section, or in any misdemeanor case proceeding before a 
        magistrate judge under section 3401 of title 18, that may, in 
        the opinion of the magistrate judge, constitute a serious 
        criminal contempt punishable by penalties exceeding those set 
        forth in paragraph (5) of this subsection, or
            ``(B) in any other case or proceeding under subsection (a) 
        or (b) of this section, or any other statute, where--
                ``(i) the act committed in the magistrate judge's 
            presence may, in the opinion of the magistrate judge, 
            constitute a serious criminal contempt punishable by 
            penalties exceeding those set forth in paragraph (5) of 
            this subsection,
                ``(ii) the act that constitutes a criminal contempt 
            occurs outside the presence of the magistrate judge, or
                ``(iii) the act constitutes a civil contempt,
    the magistrate judge shall forthwith certify the facts to a 
    district judge and may serve or cause to be served, upon any person 
    whose behavior is brought into question under this paragraph, an 
    order requiring such person to appear before a district judge upon 
    a day certain to show cause why that person should not be adjudged 
    in contempt by reason of the facts so certified. The district judge 
    shall thereupon hear the evidence as to the act or conduct 
    complained of and, if it is such as to warrant punishment, punish 
    such person in the same manner and to the same extent as for a 
    contempt committed before a district judge.
        ``(7) Appeals of magistrate judge contempt orders.--The appeal 
    of an order of contempt under this subsection shall be made to the 
    court of appeals in cases proceeding under subsection (c) of this 
    section. The appeal of any other order of contempt issued under 
    this section shall be made to the district court.''.
    SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN PETTY OFFENSE 
      CASES AND MAGISTRATE JUDGE AUTHORITY IN MISDEMEANOR CASES 
      INVOLVING JUVENILE DEFENDANTS.
    (a) Amendments to Title 18.--
        (1) Petty offense cases.--Section 3401(b) of title 18, United 
    States Code, is amended by striking ``that is a class B misdemeanor 
    charging a motor vehicle offense, a class C misdemeanor, or an 
    infraction,'' after ``petty offense''.
        (2) Cases involving juveniles.--Section 3401(g) of title 18, 
    United States Code, is amended--
            (A) by striking the first sentence and inserting the 
        following: ``The magistrate judge may, in a petty offense case 
        involving a juvenile, exercise all powers granted to the 
        district court under chapter 403 of this title.'';
            (B) in the second sentence by striking ``any other class B 
        or C misdemeanor case'' and inserting ``the case of any 
        misdemeanor, other than a petty offense,''; and
            (C) by striking the last sentence.
    (b) Amendments to Title 28.--Section 636(a) of title 28, United 
States Code, is amended by striking paragraphs (4) and (5) and 
inserting 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.

Pages: 1 2 3 Next >>

Other Popular 106th Congressional Bills Documents:

1 H.R. 3817 (rfs) To dedicate the Big South Trail in the Comanche Peak Wilderness Area of Roosevelt National Forest in Colorado to the legacy of Jaryd Atadero. [Referred in Senate] ...
2 S. 2064 (is) To amend the Missing Children's Assistance Act, to expand the purpose of the National Center for Missing and Exploited Children to cover individuals who are at least 18 but have not yet attained the age of 22. [Introduced in Senate] %%Filenam...
3 S.Res. 271 (is) Regarding the human rights situation in the People's Republic of China. [Introduced in Senate] ...
4 H.R. 2104 (ih) To amend the Family and Medical Leave Act of 1993 to permit leave to care for a domestic partner, parent-in-law, adult child, sibling, or grandparent if the domestic partner, parent-in-law, adult child, sibling, or grandparent has a serious...
5 H.Con.Res. 349 (ih) Commending the member states of the United Nations Western European and Others Group for addressing over four decades of injustice and extending temporary membership in that regional bloc to the state of Israel. [Introduced in House] %...
6 S.J.Res. 33 (pcs) Deploring the actions of President Clinton regarding granting clemency to FALN terrorists. [Placed on Calendar Senate] ...
7 H.R. 1451 (eh) To establish the Abraham Lincoln Bicentennial Commission. [Engrossed in House] ...
8 H.R. 3806 (ih) To require the Secretary of Veterans Affairs to add certain identifying [Introduced in House] ...
9 S.Res. 212 (ats) To designate August 1, 2000, as ``National Relatives as Parents Day''. [Agreed to Senate] ...
10 H.J.Res. 33 (rh) Proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States. [Reported in House] ...
11 H.R. 1901 (rh) To designate the United States border station located in Pharr, Texas, as the ``Kika de la Garza United States Border Station''. [Reported in House] ...
12 H.R. 3699 (ih) To designate the facility of the United States Postal Service located at 8409 Lee Highway in Merrifield, Virginia, as the ``Joel T. Broyhill Postal Building''. [Introduced in House] ...
13 H.R. 4701 (ih) To amend the Federal Credit Union Act with respect to the definition of a member business loan. [Introduced in House] ...
14 S. 642 (is) To amend the Internal Revenue Code of 1986 to provide for Farm and Ranch Risk Management Accounts, and for other purposes. [Introduced in Senate] ...
15 S. 880 (enr) To amend the Clean Air Act to remove flammable fuels from the list of substances with respect to which reporting and other activities are required under the risk management plan program, and for other purposes. [Enrolled bill] ...
16 S. 2800 (is) To require the Administrator of the Environmental Protection Agency to establish an integrated environmental reporting system. [Introduced in Senate] ...
17 H.R. 1176 (ih) To amend the Internal Revenue Code of 1986 to require pension plans to provide adequate notice to individuals whose future benefit accruals are being significantly reduced, and for other purposes. [Introduced in House] ...
18 S. 2315 (is) To amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of genetically engineered foods, and for other purposes. [Introduced in Senate] ...
19 S. 2964 (is) To amend the Internal Revenue Code of 1986 to provide new tax incentives to make health insurance more affordable for small businesses, and for other purposes. [Introduced in Senate] ...
20 H.R. 4425 (enr) Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2001, and for other purposes. [Enrolled bill] ...
21 S. 1260 (rs) To make technical corrections in title 17, United States Code, and other laws. [Reported in Senate] ...
22 H.R. 2121 (rh) To ensure that no alien is removed, denied a benefit under the Immigration and Nationality Act, or otherwise deprived of liberty, based on evidence that is kept secret from the alien. [Reported in House] ...
23 H.R. 4664 (ih) To establish the elderly housing plus health support demonstration program to modernize public housing for elderly and disabled persons. [Introduced in House] ...
24 H.R. 2303 (eh) To direct the Librarian of Congress to prepare the history of the House of Representatives, and for other purposes. [Engrossed in House] ...
25 H.R. 5493 (ih) To improve the ability of local communities to participate in Federal [Introduced in House] ...
26 S. 2507 (ris) To authorize appropriations for fiscal year 2001 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, an...
27 H.Res. 367 (rh) Providing for consideration of the bill (H.R. 3073) to amend part A of title IV of the Social Security Act to provide for grants for projects designed to promote responsible fatherhood, and for other purposes. [Reported in House] %%Filenam...
28 H.R. 970 (rh) To authorize the Secretary of the Interior to provide assistance to the Perkins County Rural Water System, Inc., for the construction of water supply facilities in Perkins County, South Dakota. [Reported in House] ...
29 H.R. 1727 (ih) To eliminate the fees associated with Forest Service special use permits that authorize a church to use structures and improvements on National Forest System lands for religious or educational purposes. [Introduced in House] ...
30 S.Con.Res. 95 (es) [Engrossed in Senate] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy