Home > 106th Congressional Bills > S. 2916 (is) To amend the Harmonized Tariff Schedule of the United States to provide separate subheadings for hair clippers used for animals. [Introduced in Senate] ...

S. 2916 (is) To amend the Harmonized Tariff Schedule of the United States to provide separate subheadings for hair clippers used for animals. [Introduced in Senate] ...


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                                                       Calendar No. 860
106th CONGRESS
  2d Session
                                S. 2915

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2000

Mr. Grassley (for himself and Mr. Torricelli) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

           September 28 (legislative day, September 22), 2000

                Reported by Mr. Hatch with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>

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

<DELETED>Sec. 1. Short title and table of contents.
          <DELETED>TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

<DELETED>Sec. 101. Extension of Judiciary Information Technology Fund.
<DELETED>Sec. 102. Disposition of miscellaneous fees.
<DELETED>Sec. 103. Reimbursement of judiciary for civil and criminal 
                            forfeiture expenses.
<DELETED>Sec. 104. Transfer of retirement funds.
<DELETED>Sec. 105. Increase in chapter 9 bankruptcy filing fee.
<DELETED>Sec. 106. Increase in fee for converting a chapter 7 or 
                            chapter 13 bankruptcy case to a chapter 11 
                            bankruptcy case.
<DELETED>Sec. 107. Bankruptcy fees.
            <DELETED>TITLE II--JUDICIAL PROCESS IMPROVEMENTS

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

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

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

     <DELETED>TITLE I--JUDICIAL FINANCIAL ADMINISTRATION</DELETED>

<DELETED>SEC. 101. EXTENSION OF JUDICIARY INFORMATION TECHNOLOGY 
              FUND.</DELETED>

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

<DELETED>SEC. 102. DISPOSITION OF MISCELLANEOUS FEES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 103. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND CRIMINAL 
              FORFEITURE EXPENSES.</DELETED>

<DELETED>    (a) Transfer of Funds.--Section 524(c) of title 28, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting after paragraph (11) the 
        following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(i) adjudication of civil and criminal 
                forfeiture proceedings that result in deposits into the 
                Fund (except the expense of salaries of 
                judges);</DELETED>
                <DELETED>    ``(ii) representation, under 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 under section 
                3006A(f) of title 18; and</DELETED>
                <DELETED>    ``(iii) supervision by United States 
                probation officers of offenders under home detention or 
                other forms of confinement outside of Bureau of Prison 
                facilities.</DELETED>
        <DELETED>    ``(B) The amount to be transferred under 
        subparagraph (A)--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Treasury Forfeiture Fund.--Section 9703 of title 31, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (p) as subsection 
        (q); and</DELETED>
        <DELETED>    (2) by inserting after subsection (o) the 
        following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Conforming Amendment.--Section 1931(a) of title 28, 
United States Code, is amended by inserting ``or other judicial 
services, including services provided under 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''.</DELETED>

<DELETED>SEC. 104. TRANSFER OF RETIREMENT FUNDS.</DELETED>

<DELETED>    Section 377 of title 28, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 105. INCREASE IN CHAPTER 9 BANKRUPTCY FILING 
              FEE.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 106. INCREASE IN FEE FOR CONVERTING A CHAPTER 7 OR 
              CHAPTER 13 BANKRUPTCY CASE TO A CHAPTER 11 BANKRUPTCY 
              CASE.</DELETED>

<DELETED>    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)''.</DELETED>

<DELETED>SEC. 107. BANKRUPTCY FEES.</DELETED>

<DELETED>    Section 1930(a) of title 28, United States Code, is 
amended by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

       <DELETED>TITLE II--JUDICIAL PROCESS IMPROVEMENTS</DELETED>

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

<DELETED>    Section 631 of title 28, United States Code, is amended--
</DELETED>
        <DELETED>    (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 

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