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United States · Bill · HR

H.R. 2294 (105th)

Federal Courts Improvement Act of 1998

referredUnited States· United States Congress· EN

Introduced

30 July 1997

Last action

—

Status

Referred to Subcommittee on Oversight and Courts.

Sponsors

—

Subjects

Discovery layer

Source updated

10 August 2026

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Summary

TABLE OF CONTENTS: Title I: Federal Courts Study Committee Recommendations Title II: Judicial Financial Administration Title III: Judicial Process Improvements Title IV: Judiciary Personnel Administration, Benefits, and Protections Title V: Criminal Justice Act Amendments Federal Courts Improvement Act of 1997 - 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 to the Judiciary, subject to specified limitations, of specified sums into the Department of Justice Assets Forfeiture Fund for expenses incurred in: (1) adjudication of civil and criminal forfeiture proceedings that result in deposits into the Fund; (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 Prison facilities. Makes: (1) similar transfers from the Department of the Treasury Forfeiture Fund; and (2) certain funds deposited into a special fund of the Treasury (special fund) available to offset funds appropriated for operation and maintenance of the U.S. courts and other judicial services. (Sec. 202) Directs that, upon election of an annuity by a bankruptcy judge or a magistrate judge, all of the accrued employer contributions and accrued interest on those contributions made on behalf of such judge to the Civil Service Retirement and Disability Fund be transferred to the special fund. Limits the accrued contributions and interest that may be transferred if the judge elects to receive a retirement annuity under other specified provisions. (Sec. 203) Establishes the Judicial Conference Foundation as a private nonprofit corporation with sole authority to accept and receive gifts or grants of real and personal property and services made to aid and facilitate the work of the Judicial Conference of the United States. Requires: (1) the Foundation's Board to submit annual reports to the House and Senate Judiciary Committees; and (2) the Director of the Administrative Office of the United States Courts (Director) to include in its annual report a description of the purposes for which gifts or grants were used during the year. (Sec. 204) Amends 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 provision terminating the Fund on September 30, 1998. (Sec. 205) 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. 206) Directs that, for FY 1997 and thereafter, any portion of specified fees collected as prescribed by the Judicial Conference, that exceed the amount of such fees established on the date of enactment of this section, be deposited into the special fund. 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) Extends statutory authority for magistrate judge positions to be established in the district courts of Guam and the Northern Mariana Islands. (Sec. 304) Grants a bankruptcy administrator appointed to serve in the district interim authority to appoint trustees, examiners, and standing trustees, and to take other specified actions. (Sec. 305) Amends the Federal Magistrates Act to grant U.S. Magistrate Judges summary criminal contempt authority, and criminal and civil contempt authority in consent and misdemeanor cases. (Sec. 306) Amends the Federal criminal and judicial codes to remove certain limitations on the authority of magistrate judges in petty offense cases and in misdemeanor cases involving juvenile defendants or in which the parties have consented. (Sec. 307) Amends the judicial code to: (1) repeal a reporting requirement regarding business imposed on the Federal courts by the savings and loan crisis; (2) authorize 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; and (3) authorize judges in regular active service or judges retired from regular active service, except for the chief judge of the circuit, to serve as members of the circuit judicial council. (Sec. 309) Reauthorizes appropriations under the Contract Services for Drug Dependent Federal Offenders Treatment Act of 1978. (Sec. 310) Amends the criminal code to require that reports concerning intercepted wire, oral, or electronic communications be made to the U.S. Department of Justice (currently, to the Administrative Office). Title IV: Judicial Personnel Administration, Benefits, and Protections - Amends the judicial code to: (1) set age and service requirements for retirement starting from age 60; and (2) provide that 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 (3) direct that any retired judge who is entitled to receive an annuity be entitled to a specified cost-of-living adjustment not to exceed the salary of a judge in regular active service with the court on which the retired judge served before retiring. (Sec. 403) Authorizes: (1) the Director to fix the compensation of no more than five percent of the positions of the Federal Judicial Center at a level not to exceed the annual rate of basic pay of level IV of such pay rates; (2) a judicial officer of the United States to carry a firearm, whether concealed or not, under regulations promulgated by the Judicial Conference, subject to specified requirements; and (3) 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. 404) Includes within the definition of "service" for retirement purposes 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. 406) Repeals an exemption from jury service for fire or police personnel, and for 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. 409) Makes provisions regarding annual leave limits for individuals serving in the Senior Executive Service applicable to persons serving in positions in the judicial branch designated as court unit executive positions by the Judicial Conference. 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) Amends the Federal Tort Claims Act to limit the liability of a Federal Public Defender furnishing representational services.

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