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United States · Bill · HR

H.R. 1752 (106th)

Federal Courts Improvement Act of 2000

referredUnited States· United States Congress· EN

Introduced

11 May 1999

Last action

23 May 2000 · Introduced

Status

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Sponsors

Rep. Coble, Howard [R-NC-6], Rep. Berman, Howard L. [D-CA-26]

Subjects

Defence

Source updated

10 August 2026

Defence

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Summary

Federal Courts Improvement Act of 1999 - Title I: Federal Courts Study Committee Recommendations - Amends the Federal judicial code to provide that a party shall be deemed to consent to the findings of fact and conclusions of law submitted by a bankruptcy judge unless the party files a timely objection (and if a timely objection is not filed, the proposed findings and conclusions submitted by the bankruptcy judge shall become final and such judge shall enter an appropriate order thereon). Title II: Judicial Financial Administration - Provides for the annual transfer of specified sums, subject to specified limitations, from the Department of Justice Assets Forfeiture Fund and the Department of the Treasury Forfeiture Fund to the judiciary into the special Treasury fund available to offset funds appropriated for the operation and maintenance of the U.S. courts for expenses incurred in: (1) adjudication of civil and criminal forfeiture proceedings; (2) representation of offenders whose assets have been seized in such proceedings; and (3) supervision by U.S. probation officers of offenders under home detention or other forms of confinement outside of Bureau of Prisons' facilities. (Sec. 202) Provides for the transfer to such special fund of the accrued employer contributions and accrued interest on those contributions made on behalf of a bankruptcy judge or a magistrate to the Civil Service Retirement and Disability Fund upon election by such judge or magistrate of an annuity under the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988. (Sec. 203) Amends Federal judicial code provisions regarding the Judiciary Information Technology Fund to make sums available for the procurement of information technology resources, remove applicability of the Clinger-Cohen Act of 1996, and repeal a requirement that the annual report be submitted at least nine months before the termination date. (Sec. 204) Authorizes the Judicial Conference, for districts that are not part of a United States trustee region, to require the debtor in a chapter 11 bankruptcy case to pay fees equal to those imposed by the judicial code. (Sec. 205) Requires, for FY 2000 and thereafter, any portion of miscellaneous fees collected by the Judicial Conference from Federal courts of appeals, district courts, bankruptcy courts, the Court of Federal Claims, and the Judicial Panel of Multi-district Litigation, that exceeds the amount of such fees established on the date of enactment of this section, to be deposited into the special fund. (Sec. 206) Repeals a U.S. Court of Federal Claims fee for the filing of any petition. (Sec. 207) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 to provide that all fees as shall be hereafter collected for any fee implemented after November 21, 1989, be deposited as offsetting receipts to the special fund and remain available to the Judiciary until expended for specified purposes. (Sec. 208) Increases the: (1) fee for converting a chapter 7 or chapter 13 bankruptcy case to a chapter 11 bankruptcy case; and (2) chapter 9 bankruptcy filing fee. (Sec. 210) Amends the judicial code to authorize the Director of the Administrative Office of United States Courts to designate judicial branch officers and employees to be disbursing officers and certifying officers. Lists rights and responsibilities of such officers. (Sec. 211) Authorizes the Judicial Conference to prescribe reasonable fees for use of information technology resources provided by the judiciary to improve the efficiency of and access to the courts. Title III: Judicial Process Improvements - Prohibits the removal of a civil action in State court to any U.S. district court solely on the basis of concurrent jurisdiction over a claim under the Employee Retirement Income Security Act. (Sec. 302) Provides that the original jurisdiction of the district courts may not be invoked if any plaintiff joined in the complaint is a citizen of the State in which is located the district court in which the suit is filed. (Sec. 303) Provides authority for the appointment of magistrate judges in the district courts of Guam and the Northern Mariana Islands. (Sec. 305) Amends the Federal Magistrates Act to grant U.S. magistrate judges the power to exercise contempt authority within his or her territorial jurisdiction, including summary criminal contempt authority and criminal and civil contempt authority in civil consent and misdemeanor cases. (Sec. 306) Amends the Federal criminal and judicial codes to remove certain limitations on the authority of magistrate judges to try petty offense cases. (Sec. 307) Repeals a reporting requirement regarding business imposed on the Federal courts by the savings and loan crisis. (Sec. 308) Authorizes the holding of court in the Eastern District of Texas at Plano, and the holding of court for the Texarkana Division anywhere within the Federal courthouse in Texarkana that is located astride the Texas-Arkansas State line. (Sec. 309) Reauthorizes appropriations under the Contract Services for Drug Dependent Federal Offenders Treatment Act of 1978. (Sec. 310) Revises provisions regarding multi-district litigation to authorize transfer of actions for trial purposes where in the interest of justice and for the convenience of the parties and witnesses. (Sec. 311) Authorizes judges retired from regular active service to serve as members of the judicial council of the circuit. (Sec. 312) Provides for the sunset of provisions requiring a civil justice expense and delay reduction plan. Title IV: Judicial Personnel Administration, Benefits, and Protections - Amends the judicial code to set age and service requirements for retirement starting from age 60. (Sec. 402) Provides that: (1) any judge of the District Courts of Guam, the Northern Mariana Islands, or the Virgin Islands who has served at least five years 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, with an exception; and (2) any such retired judge entitled to receive an annuity shall be entitled to a specified cost-of-living adjustment not to exceed the salary (currently, 95 percent of the salary) of a judge in regular active service with the court on which the retired judge served before retiring. (Sec. 403) Authorizes the Director of the Federal Judicial Center to fix the compensation of four positions of the Federal Judicial Center at a level not to exceed the annual rate of basic pay in effect for level IV of the executive schedule. (Sec. 404) Includes within the definition of "service," for purposes of retirement provisions applicable to the Directors of the Administrative Office of the United States Courts and the Federal Judicial Center and the Administrative Assistant to the Chief Justice, service as 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 House or Senate committee or subcommittee. (Sec. 405) Authorizes a judicial officer of the United States to carry a firearm, whether concealed or not, under regulations promulgated by the Judicial Conference. (Sec. 406) Repeals an exemption from jury service for members of the armed forces, fire or police personnel, and public officers who are actively engaged in the performance of official duties. (Sec. 407) Specifies that, for purposes of worker's compensation coverage, performance of duty as a juror includes that time when a juror is traveling to or from the courthouse pursuant to a jury summons or sequestration order, or as otherwise necessitated by court order. (Sec. 408) Authorizes the Director to pay a claim by a person summoned to serve or serving as a grand 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 a court officer. (Sec. 409) Repeals a requirement that the drawing for selection of jurors from the master jury wheel be public. Requires that the clerk or jury commission post a general notice for public review in the clerk's office explaining the process by which names are periodically and randomly drawn. (Sec. 410) Makes provisions regarding annual leave limits for individuals serving in the Senior Executive Service applicable to any person serving in a position in the judicial branch designated as a court unit executive position by the Judicial Conference. (Sec. 411) Permits continued payment from retired or retainer pay into a military survivors' benefits plan with respect to a regular, reserve, or former member of a uniformed service receiving such pay who becomes employed as a U.S. justice or judge. (Sec. 412) Authorizes: (1) the United States Court of Appeals for the Federal Circuit to appoint a circuit executive; (2) the clerk under the supervision of the court, if the court's jury selection plan so authorizes, to determine qualification for jury service; and (3) a petit juror required to attend more than five (currently, 30) days in hearing one case to be paid an additional fee. Title V: Criminal Justice Act Amendments - Amends the Criminal Justice Act to increase the maximum amounts of compensation permitted for attorneys and for services other than counsel. Provides that, for representation of: (1) a petitioner in a non-capital habeas corpus proceeding, the compensation for each attorney shall not exceed the amount applicable to a felony for representation of a defendant before a U.S. magistrate, the district court, or both; and (2) 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. (Sec. 503) Exempts Federal public defenders from the Tort Claims Act for claims related to representational services.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 11 May 1999

    Introduced

    Referred to the House Committee on the Judiciary.

    Source: IntroReferral

  2. 11 May 1999

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 11 May 1999

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 25 May 1999

    Referred

    Referred to the Subcommittee on Courts and Intellectual Property.

    Source: Committee

  5. 16 June 1999

    Committee

    Subcommittee Hearings Held.

    Source: Committee

  6. 15 July 1999

    Committee

    Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

    Source: Committee

  7. 15 July 1999

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

  8. 27 July 1999

    Reported

    Ordered to be Reported (Amended) by Voice Vote.

    Source: Committee

  9. 27 July 1999

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  10. 9 September 1999

    Calendars

    Placed on the Union Calendar, Calendar No. 187.

    Source: Calendars

  11. 9 September 1999

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 106-312.

    Source: Committee

  12. 9 September 1999

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 106-312.

    Source: Committee

  13. 22 May 2000

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

  14. 22 May 2000

    Passed

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3482-3487)

    Source: Floor

  15. 22 May 2000

    Passed

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3482-3487)

    Source: Floor

  16. 22 May 2000

    Floor

    DEBATE - The House proceeded with forty minutes of debate on H.R. 1752.

    Source: Floor

  17. 22 May 2000

    Floor

    Considered under suspension of the rules. (consideration: CR H3482-3487)

    Source: Floor

  18. 22 May 2000

    Floor

    Mr. Coble moved to suspend the rules and pass the bill, as amended.

    Source: Floor

  19. 23 May 2000

    Introduced

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Source: IntroReferral

Votes

No vote records are attached yet.

Versions

Documents

11 official files

Referred in Senate (text)

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