I

103D CONGRESS

2D SESSION H. R. 4357

To make improvements in the operation and administration of the Federal

courts, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 5, 1994

Mr. HUGHES (for himself and Mr. MOORHEAD) (both by request) introduced

the following bill; which was referred to the Committee on the Judiciary

A BILL

To make improvements in the operation and administration

of the Federal courts, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Federal Courts Improvement Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The following is the table

7 of contents for this Act:

Section 1. Short title and table of contents.

TITLE I—FEDERAL COURTS STUDY COMMITTEE

RECOMMENDATIONS

Sec. 101. Diversity jurisdiction.

Sec. 102. Prisoner civil rights suits.
2

•HR 4357 IH

Sec. 103. Parties’ consent to bankruptcy judge’s findings and –– –conclusions

of law.

Sec. 104. Enforcement of National Labor Relations Board –––orders.

Sec. 105. Qualification of chief judge of Court of International Trade.

Sec. 106. Judicial cost-of-living increases.

TITLE II—JUDICIAL FINANCIAL ADMINISTRATION

Sec. 201. Reimbursement of judiciary for civil and criminal –––forfeiture expenses.

Sec. 202. Amendments to the judiciary automation fund.

Sec. 203. Increase in civil action filing fee.

Sec. 204. Increase in attorney admission fees.

Sec. 205. Transfer of retirement funds.

Sec. 206. Consolidation of unclaimed registry funds.

Sec. 207. Interpreter performance examination fees.

TITLE III—JUDICIAL PROCESS IMPROVEMENTS

Sec. 301. Court arbitration authorization.

Sec. 302. Duties of magistrate judge on emergency assignment.

Sec. 303. Consent to trial in certain criminal actions.

Sec. 304. Removal of cases under the Employee Retirement –––Income Security Act.

Sec. 305. Elimination of in-state plaintiff in diversity –– jurisdiction cases.

TITLE IV—JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS,

AND PROTECTIONS

Sec. 401. Judicial retirement matters.

Sec. 402. Senior judge certification.

Sec. 403. Contribution rate for senior judges under the Judicial Survivors’ Annuities system.

Sec. 404. Refund of contributions for deceased deferred annuitants under the

Judicial Survivors’ Annuities system.

Sec. 405. Disability retirement and cost-of-living adjustments of annuities for

territorial judges.

Sec. 406. Federal Judicial Center personnel matters.

Sec. 407. Judicial administrative officials retirement matters.

TITLE V—CRIMINAL LAW

Sec. 501. New authority for probation and pretrial services officers.

Sec. 502. Transportation expenses for defendants.

Sec. 503. Federal substance abuse treatment program reauthorization.

Sec. 504. Technical Amendments to Federal Rules of Criminal Procedure.

TITLE VI—CRIMINAL JUSTICE ACT AMENDMENTS

Sec. 601. Establishment of Federal defender organizations.

Sec. 602. Panel attorney support office.

Sec. 603. Judicial Conference to determine rates of compensation for attorneys.

Sec. 604. Judicial Conference to determine maximum amounts of compensation

for services other than counsel.

Sec. 605. Compensation of paralegals and law students.

Sec. 606. Tort Claims Act amendments relating to liability of Federal public

defenders.
3

•HR 4357 IH

TITLE VII—PLACES OF HOLDING COURT

Sec. 701. Place of Holding Court in the Northern district of ––– Indiana.

Sec. 702. Place of Holding Court in the Southern district of New ––York.

Sec. 703. Place of Holding Court in the Eastern district of Texas.

TITLE VIII—BANKRUPTCY

Sec. 801. Bankruptcy rulemaking.

Sec. 802. Bankruptcy administrator program.

Sec. 803. Damages for violation of automatic stay.

TITLE IX—MISCELLANEOUS

Sec. 901. Property damage, theft, and loss claims of jurors.

Sec. 902. Expanded workers’ compensation coverage for jurors.

Sec. 903. Exemption from jury service.

Sec. 904. Full-time status of court reporters.

Sec. 905. Technical amendment relating to the Judicial Conference.

Sec. 906. Technical amendment relating to the Director and Deputy Director

of the Administrative Office.

Sec. 907. Technical amendment relating to removal.

Sec. 908. Technical amendment to Federal Judicial Center retirement provisions.

Sec. 909. Vacancy in clerk position; absence of clerk; compensation of deceased

clerk of Supreme Court.

Sec. 910. Registration of judgments for enforcement in other districts.

Sec. 911. Magistrate judge positions authorized in the District Courts of Guam

and the Northern Mariana Islands.

Sec. 912. Venue in diversity civil actions.

1 TITLE I—FEDERAL COURTS

2 STUDY COMMITTEE REC3 OMMENDATIONS

4 SEC. 101. DIVERSITY JURISDICTION.

5 (a) Section 1332 of title 28, United States Code, is

6 amended—

7 (1) in subsection (a), by striking out ‘‘$50,000’’

8 and inserting in lieu thereof ‘‘$75,000’’;

9 (2) in subsection (b), by striking out ‘‘$50,000’’

10 and inserting in lieu thereof ‘‘$75,000’’;

11 (3) by redesignating subsection (d) as sub12 section (e); and
4

•HR 4357 IH

1 (4) by inserting after subsection (c) the follow2 ing new subsection (d):

3 ‘‘(d)(1) Effective on January 1 of each year that im4 mediately follows a year evenly divisible by 5, the amounts

5 specified in subsection (a) of this section shall be increased

6 by the percent change published in the Federal Register

7 during the preceding year pursuant to paragraph (2) of

8 this subsection. The amount shall be rounded up or down

9 to the nearest five thousand dollars.

10 ‘‘(2) Before the end of each year that is evenly divis11 ible by 5, the Director of the Administrative Office of the

12 United States Courts shall compute the percent change

13 in the price index for September 1 of such year over the

14 price index for September 1 of the fifth year preceding

15 such year and shall publish such percent change in the

16 Federal Register.

17 ‘‘(3) As used in this subsection, the term ‘price index’

18 means the Consumer Price Index (all items—United

19 States city average) published monthly by the Bureau of

20 Labor Statistics.’’.

21 (b) The first increase under subsection (d) of section

22 1332 of title 28, United States Code (as added by sub23 section (a)(4)), shall be made effective on January 1,

24 2000.
5

•HR 4357 IH

1 (c) This section shall take effect 90 days after the

2 date of enactment of this Act.

3 SEC. 102. PRISONER CIVIL RIGHTS SUITS.

4 Section 7 of the Civil Rights of Institutionalized Per5 sons Act (42 U.S.C. 1997e) is amended—

6 (1) in subsection (a)—

7 (A) in paragraph (1), by striking out

8 ‘‘ninety days’’ and inserting in lieu thereof

9 ‘‘120 days’’; and

10 (B) in paragraph (2), by inserting before

11 the period at the end the following: ‘‘or are oth12 erwise fair and effective’’; and

13 (2) in subsection (c)—

14 (A) in paragraph (1), by inserting before

15 the period at the end the following: ‘‘or are oth16 erwise fair and effective’’; and

17 (B) in paragraph (2), by inserting before

18 the period at the end the following: ‘‘or is no

19 longer fair and effective’’.

20 SEC. 103. PARTIES’ CONSENT TO BANKRUPTCY JUDGE’S

21 FINDINGS AND CONCLUSIONS OF LAW.

22 Section 157(c)(1) of title 28, United States Code, is

23 amended to read as follows:

24 ‘‘(c)(1)(A) A bankruptcy judge may hear a proceed25 ing that is not a core proceeding but that is otherwise re-
6

•HR 4357 IH

1 lated to a case under title 11. In such proceeding, the

2 bankruptcy judge shall make proposed findings of fact and

3 conclusions of law.

4 ‘‘(B) If a party files a timely objection, the bank5 ruptcy judge shall submit the proposed findings of fact

6 and conclusions of law to the district court, and any final

7 order or judgment shall be entered by the district judge

8 after considering the bankruptcy judge’s proposed findings

9 and conclusions and after reviewing de novo those matters

10 to which any party has timely and specifically objected.

11 ‘‘(C) if a party does not file a timely objection, that

12 party shall be deemed to consent to the findings of fact

13 and conclusions of law proposed by the bankruptcy judge.

14 The proposed findings of fact and conclusions of law shall

15 become final, and the bankruptcy judge shall enter an ap16 propriate order thereon.’’.

17 SEC. 104. ENFORCEMENT OF NATIONAL LABOR RELATIONS

18 BOARD ORDERS.

19 Section 10 of the National Labor Relations Act (29

20 U.S.C. 160) is amended—

21 (1) in subsection (e)—

22 (A) by striking out the first sentence;

23 (B) in the second sentence, by striking out

24 ‘‘Upon the filing’’ and all that follows through

25 ‘‘thereupon’’ and inserting in lieu thereof
7

•HR 4357 IH

1 ‘‘Upon the filing of a petition for review under

2 subsection (e), the court’’; and

3 (C) in the last sentence, by striking out

4 ‘‘by the appropriate United States court of ap5 peals if application was made to the district

6 court as hereinabove provided, and’’;

7 (2) in subsection (f)—

8 (A) in the first sentence by inserting ‘‘,

9 within 30 days after the date of the order,’’

10 after ‘‘by filing in such court’’; and

11 (B) by striking out the last sentence;

12 (3) by redesignating subsections (e) and (f) as

13 subsections (f) and (e), respectively, and by revers14 ing the order of such subsections;

15 (4) in subsection (g), by striking out ‘‘or (f)’’;

16 and

17 (5) by adding at the end thereof the following

18 new subsection:

19 ‘‘(n) If any person violates a final order issued by

20 the Board under this Act with respect to an unfair labor

21 practice, the Board may petition any United States dis22 trict court in which the unfair labor practice occurred, or

23 in which such person resides or transacts business, for im24 position of a monetary penalty not to exceed $5,000 for

25 each day on which such person violates the order. The
8

•HR 4357 IH

1 United States district courts shall have jurisdiction to im2 pose such a penalty.’’.

3 SEC. 105. QUALIFICATION OF CHIEF JUDGE OF COURT OF

4 INTERNATIONAL TRADE.

5 (a) Chapter 11 of title 28, United States Code, is

6 amended by adding at the end the following:

7 ‘‘§ 258. Chief judges; precedence of judges

8 ‘‘(a)(1) The chief judge of the Court of International

9 Trade shall be the judge of the court in regular active

10 service who is senior in commission of those judges who—

11 ‘‘(A) are 64 years of age or under;

12 ‘‘(B) have served for one year or more as a

13 judge of the –––court; and

14 ‘‘(C) have not served previously as chief judge.

15 ‘‘(2)(A) In any case in which no judge of the court

16 meets the qualifications of paragraph (1), the youngest

17 judge in regular active service who is 65 years of age or

18 over and who has served as a judge of the court for one

19 year or more shall act as the chief judge.

20 ‘‘(B) In any case under subparagraph (A) in which

21 there is no judge of the court in regular active service who

22 has served as a judge of the court for one year or more,

23 the judge of the court in regular active service who is sen24 ior in commission and who has not served previously as

25 chief judge shall act as the chief judge.
9

•HR 4357 IH

1 ‘‘(3)(A) Except as provided in subparagraph (C), the

2 chief judge serving under paragraph (1) shall serve for

3 a term of seven years and shall serve after expiration of

4 such term until another judge is eligible under paragraph

5 (1) to serve as chief judge.

6 ‘‘(B) Except as provided in subparagraph (C), a

7 judge of the court acting as chief judge under subpara8 graph (A) or (B) of paragraph (2) shall serve until a judge

9 meets the qualifications under paragraph (1).

10 ‘‘(C) No judge of the court may serve or act as chief

11 judge of the court after attaining the age of 70 years un12 less no other judge is qualified to serve as chief judge

13 under paragraph (1) or is qualified to act as chief judge

14 under paragraph (2).

15 ‘‘(b) The chief judge shall have precedence and pre16 side at any session of the court which he or she attends.

17 Other judges of the court shall have precedence and pre18 side according to the seniority of their commissions.

19 Judges whose commissions bear the same date shall have

20 precedence according to seniority in age.

21 ‘‘(c) If the chief judge desires to be relieved of his

22 or her duties as chief judge while retaining active status

23 as a judge of the court, the chief judge may so certify

24 to the Chief Justice of the United States, and thereafter

25 the chief judge of the court shall be such other judge of
10

•HR 4357 IH

1 the court who is qualified to serve or act as chief judge

2 under subsection (a).

3 ‘‘(d) If a chief judge is temporarily unable to perform

4 his or her duties as such, they shall be performed by the

5 judge of the court in active service, able and qualified to

6 act, who is next in precedence.’’.

7 (b) Chapter 11 of title 28, United States Code, is

8 amended as follows:

9 (1) Section 251 is amended by striking sub10 section (b) and redesignating subsection (c) as sub11 section (b).

12 (2) Section 253 is amended—

13 (A) by amending the section caption to

14 read as follows:

15 ‘‘§ 253. Duties of chief judge’’;

16 and

17 (B) by striking subsections (d) and (e).

18 (3) The table of sections at the beginning of

19 chapter 11 of title 28, United States Code, is

20 amended—

21 (A) by amending the item relating to sec22 tion 253 to read as follows:

‘‘253. Duties of chief judge.’’;

23 and

24 (B) by adding at the end the following:

‘‘258. Chief judges; precedence of judges.’’.
11

•HR 4357 IH

1 (c) Notwithstanding the provisions of section 258(a)

2 of title 28, United States Code, the chief judge of the

3 United States Court of International Trade who is in of4 fice on the day before the date of enactment of this Act

5 shall continue to be such chief judge on or after such date

6 until any one of the following events occurs:

7 (1) The chief judge is relieved of his duties pur8 suant to section 258(c) of title 28, United States

9 Code.

10 (2) The regular active status of the chief judge

11 is terminated.

12 (3) The chief judge attains the age of seventy

13 years.

14 (4) The chief judge has served for a term of

15 seven years as chief judge.

16 When the chief judge vacates the position of chief judge

17 pursuant to the preceding sentence, the position of chief

18 judge of the Court of International Trade shall be filled

19 in accordance with section 258(a) of title 28, United

20 States Code.

21 SEC. 106. JUDICIAL COST-OF-LIVING INCREASES.

22 Section 140 of Public Law 97–92 (95 Stat. 1200)

23 is repealed.
12

•HR 4357 IH

1 TITLE II—JUDICIAL FINANCIAL

2 ADMINISTRATION

3 SEC. 201. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND

4 CRIMINAL ––FORFEITURE EXPENSES.

5 (a) Section 524(c) of title 28, United States Code,

6 is amended—

7 (1) by redesignating paragraph (12) as para8 graph (13);

9 (2) by redesignating paragraph (11) as para10 graph (12);

11 (3) by redesignating paragraph (10) as para12 graph (11);

13 (4) by redesignating paragraph (9) as para14 graph (10); and

15 (5) by inserting after paragraph (8) the follow16 ing new paragraph:

17 ‘‘(9)(A) In fiscal year 1993 and each fiscal year

18 thereafter, an amount as specified in subparagraph

19 (B) shall be transferred annually to the Judiciary

20 into the fund established under section 1931 of this

21 title, for expenses incurred in—

22 ‘‘(i) adjudication of civil and criminal for23 feiture proceedings that result in deposits into

24 the Fund (except the expense of salaries of

25 judges);
13

•HR 4357 IH

1 ‘‘(ii) representation, pursuant to the provi2 sions of section 3006A of title 18, of offenders

3 whose assets have been seized in such forfeiture

4 proceedings, to the extent that such expenses of

5 representation could have been recovered

6 through an order for payment or for reimburse7 ment of the Defender Services appropriation

8 pursuant to section 3006A(f) of title 18; and

9 ‘‘(iii) supervision by United States proba10 tion officers of offenders under home detention

11 or other forms of confinement outside of Bu12 reau of Prisons facilities.

13 ‘‘(B) The amount to be transferred—

14 ‘‘(i) shall be a portion of the total amount

15 to be transferred from the combined fiscal year

16 deposits into both the Fund and the Depart17 ment of Treasury Asset Forfeiture Fund estab18 lished by section 9703 of title 31 (hereafter re19 ferred to as ‘both Funds’), which total shall not

20 exceed the statement of costs incurred by the

21 Judiciary in providing the services identified in

22 subparagraph (A), as set forth by the Director

23 of the Administrative Office of the United

24 States Courts in a report to the Attorney Gen25 eral and the Secretary of the Treasury no later
14

•HR 4357 IH

1 than 90 days after the end of the fiscal year in

2 which the expenses were incurred; provided that

3 the total amount to be transferred from both

4 Funds shall not exceed $50,000,000, or 10 per5 cent of the total combined deposits into both

6 Funds, whichever is less; provided further, that

7 the proportion of the amount transferred from

8 the Fund to the total amount to be transferred

9 shall be equal to the proportion of the fiscal

10 year deposits into the Fund to the combined fis11 cal year deposits into both Funds; provided fur12 ther, that the total amount to be transferred

13 from both Funds may exceed the limits set out

14 in this subparagraph subject to the discretion of

15 the Attorney General and the Secretary of the

16 Treasury; and

17 ‘‘(ii) shall be paid from revenues deposited

18 into the Fund during the fiscal year in which

19 the expenses were incurred and are not required

20 to be specified in appropriations Acts.’’.

21 (b) Section 9703 of title 31, United States Code, is

22 amended—

23 (1) by redesignating subsection (p) as sub24 section (q); and
15

•HR 4357 IH

1 (2) by inserting after subsection (o) the follow2 ing new subsection:

3 ‘‘(p) TRANSFER TO THE FEDERAL JUDICIARY.—In

4 fiscal year 1994 and each year thereafter, an amount nec5 essary to meet the transfer requirements of section

6 524(c)(9) of title 28 shall be transferred to the Judiciary,

7 and shall be subject to the same limitations, terms, and

8 conditions specified in that section for transfers to the Ju9 diciary from the Department of Justice Asset Forfeiture

10 Fund.’’.

11 (c) Section 1931(a) of title 28 is amended by insert12 ing ‘‘or other judicial services, including services provided

13 pursuant to section 3006A of title 18’’ after ‘‘courts of

14 the United States’’.

15 SEC. 202. AMENDMENTS TO THE JUDICIARY AUTOMATION

16 FUND.

17 Section 612 of title 28, United States Code, is

18 amended—

19 (1) in subsection (a)—

20 (A) by inserting after ’’equipment for’’ the

21 following: ‘‘program activities included in the

22 courts of appeals, district courts, and other ju23 dicial services account of’’;

24 (B) by inserting after ‘‘personal services’’

25 the following: ‘‘, support personnel in the courts
16

•HR 4357 IH

1 and in the Administrative Office of the United

2 States Courts,’’; and

3 (C) by striking ‘‘in the judicial branch’’ in

4 the last sentence and inserting in lieu thereof

5 ‘‘purchased by the Fund. In addition, all agen6 cies of the Judiciary may make deposits into

7 the Fund to meet their automatic data process8 ing needs in accordance with subsections (b)

9 and (c)(2)’’;

10 (2) in subsection (b)(1), by striking ‘‘judicial

11 branch’’ and inserting in lieu thereof ‘‘activities

12 funded in subsection (a) and shall include an annual

13 estimate of any fees that may be collected pursuant

14 to section 404 of Public Law 101–515’’;

15 (3) in subsection (b)(2), by striking ‘‘judicial

16 branch of the United States’’ and inserting in lieu

17 thereof ‘‘activities funded under subsection (a)’’;

18 (4) in subsection (c)(1)(A), by inserting after

19 ‘‘surplus property’’ the following: ‘‘, all fees here20 after collected by the Judiciary pursuant to section

21 404 of Public Law 101–515,’’;

22 (5) in subsection (e), by striking ‘‘$75,000,000’’

23 and inserting in lieu thereof ‘‘amounts estimated to

24 be collected under subsection (c) for that fiscal

25 year’’;
17

•HR 4357 IH

1 (6) in subsection (i)—

2 (A) by striking ‘‘and upon notification to

3 the Committees on Appropriations of the House

4 of Representatives and the Senate’’;

5 (B) by striking ‘‘use’’ and inserting in lieu

6 thereof ‘‘transfer’’;

7 (C) by striking ‘‘deposited into’’ and in8 serting in lieu thereof ‘‘up to $1,000,000 from’’;

9 and

10 (D) by striking ‘‘under subparagraph

11 (c)(1)(B) for purposes other than those estab12 lished in subsection (a)’’ and inserting in lieu

13 thereof ‘‘into the account to which the funds

14 were originally appropriated. Any amounts

15 above this level may be moved out of the

16 Fund’’;

17 (7) in the second sentence of subsection (j) by

18 inserting after ‘‘not specified’’ the following: ‘‘in

19 statute’’; and

20 (8) in subsection (1)—

21 (A) by striking ‘‘1994’’ and inserting in

22 lieu thereof ‘‘1999’’; and

23 (B) by striking ‘‘ ‘Judicial Services Ac24 count’ ’’ and inserting in lieu thereof ‘‘fund es25 tablished under section 1931 of this title’’.
18

•HR 4357 IH

1 SEC. 203. INCREASE IN CIVIL ACTION FILING FEE.

2 (a) FILING FEE INCREASE.—Section 1914(a) of title

3 28, United States Code, is amended by striking ‘‘$120’’

4 and inserting in lieu thereof ‘‘$150’’.

5 (b) DISPOSITION OF INCREASE.—Section 1931 of

6 title 28, United States Code, is amended—

7 (1) by striking ‘‘$60’’ in subsections (a) and (b)

8 and insert in lieu thereof in each place ‘‘$90’’; and

9 (2) by striking ‘‘$120’’ in subsection (b) and in10 serting in lieu thereof ‘‘$150’’.

11 SEC. 204. INCREASE IN ATTORNEY ADMISSION FEES.

12 For fiscal year 1994 and thereafter, of each fee col13 lected for admission of an attorney to practice, as pre14 scribed by the Judicial Conference of the United States

15 pursuant to section 1914 of title 28, United States Code,

16 $30 of that portion of the fee exceeding $20 shall be de17 posited into the special fund of the Treasury established

18 under section 1931 of title 28, United States Code. Any

19 portion exceeding $5 of the fee for a duplicate certificate

20 of admission or certificate of good standing, as prescribed

21 by the Judicial Conference of the United States pursuant

22 to section 1914 of title 28, United States Code, shall be

23 deposited into the special fund of the Treasury established

24 under section 1931 of title 28, United States Code.
19

•HR 4357 IH

1 SEC. 205. TRANSFER OF RETIREMENT FUNDS.

2 Section 377 of title 28, United States Code, is

3 amended by adding at the end thereof the following new

4 subsection:

5 ‘‘(p) Upon an election by a bankruptcy judge or a

6 magistrate judge under subsection (f) of this section, all

7 of the accrued employer contributions and accrued interest

8 on those contributions made on behalf of the bankruptcy

9 judge or magistrate judge to the Civil Service Retirement

10 and Disability Fund as defined under section 8348 of title

11 5 shall be transferred to the fund established under sec12 tion 1931 of this title: Provided, however, That if the bank13 ruptcy judge or magistrate judge elects, under section 2(c)

14 of the Retirement and Survivors’ Annuities for Bank15 ruptcy Judges and Magistrates Act of 1988 (Public Law

16 100–659), to receive a retirement annuity under both this

17 section and title 5, only the accrued employer contribu18 tions and accrued interest on such contributions made on

19 behalf of the bankruptcy judge or magistrate judge for

20 service credited under this section may be transferred.’’.

21 SEC. 206. CONSOLIDATION OF UNCLAIMED REGISTRY

22 FUNDS.

23 (a) Section 2042 of title 28, United States Code, is

24 amended—

25 (1) by amending the section heading to read as

26 follows:
20

•HR 4357 IH

1 ‘‘§ 2042. Withdrawal; intra-judicial transfers; transfer

2 of unclaimed money’’;

3 (2) by inserting ‘‘(a)’’ before the first para4 graph; and

5 (3) by striking out the second paragraph and

6 inserting in lieu thereof the following new sub7 sections:

8 ‘‘(b)(1) In every case in which the right to withdraw

9 money deposited in court under section 2041 has been ad10 judicated or is not in dispute and such money has re11 mained so deposited for at least ninety (90) days un12 claimed by the person entitled thereto, such court shall

13 cause such money to be transferred to the Director of the

14 Administrative Office of the United States Courts. Con15 current with such transfer, the Director shall assume all

16 fiduciary duties and responsibilities for such money.

17 ‘‘(2) Interest earned by such money while under the

18 authorized control of the Director as described in para19 graph (1) shall be treated in the same manner as interest

20 earned on funds deposited in a court’s registry. Any funds

21 hereafter collected by the Judiciary as a charge for serv22 ices rendered in administering the funds deposited under

23 paragraph (1) shall be deposited into the separate account

24 entitled ‘Registry Administration Account’ in the Treasury

25 of the United States (as established by title IV of Public

26 Law 100–459 (102 Stat. 2211). Such funds shall remain
21

•HR 4357 IH

1 available to the Judiciary until expended, without further

2 appropriation, to reimburse any appropriation for the

3 amount paid out for expenses of the Courts of Appeals,

4 District Courts, and Other Judicial Services and the Ad5 ministrative Office of the United States Courts.

6 ‘‘(c) After such money as described in subsection

7 (b)(1) has remained deposited under the authority and

8 control of the Director for at least five years unclaimed

9 by any person entitled thereto, the Director shall cause

10 such money and accrued interest to be deposited in the

11 Treasury in the name and to the credit of the United

12 States. Any claimant entitled to any such money may, on

13 petition to the court and upon notice to the United States

14 attorney and full proof of the right thereto, obtain an

15 order directing payment to such claimant.

16 ‘‘(d) The Director shall develop rules and procedures

17 regarding the deposit, transfer and withdrawal of such

18 moneys described in this section in accordance with the

19 authority granted to the Director by section 604(f) of this

20 title.’’.

21 (b) The table of sections for chapter 129 of title 28,

22 United States Code, is amended by amending the item re23 lated to section 2042 to read as follows:

‘‘2042. Withdrawals; intra-judicial transfers; transfer of ––unclaimed money.’’.
22

•HR 4357 IH

1 SEC. 207. INTERPRETER PERFORMANCE EXAMINATION

2 FEES.

3 (a) Section 1827(g) of title 28, United States Code,

4 is amended by redesignating paragraph (5) as paragraph

5 (6) and insert the following after paragraph (4):

6 ‘‘(5) If the Director of the Administrative Office of

7 the United States Courts finds it necessary to develop and

8 administer criterion-referenced performance examinations

9 for purposes of certification, or other examinations for the

10 selection of otherwise qualified interpreters, the Director

11 may prescribe for each examination a uniform fee for ap12 plicants to take such examination. In determining the rate

13 of the fee for each examination, the Director shall consider

14 the fees charged by other organizations for examinations

15 that are similar in scope or nature. Notwithstanding sec16 tion 3302(b) of title 31, the Director is authorized to pro17 vide in any contract or agreement for the development or

18 administration of examinations and the collection of fees

19 that the contractor may retain all or a portion of the fees

20 in payment for the services. Notwithstanding paragraph

21 (6) of this subsection all fees hereafter collected and not

22 retained by a contractor shall be deposited in the fund

23 established under section 1931 of this title and shall re24 main available until expended.’’.

25 (b) The Director of the Administrative Office of the

26 United States is hereby granted retroactive authority to
23

•HR 4357 IH

1 include in any contract for the development or administra2 tion of examinations for interpreters a provision which

3 permits the contractor to collect and retain fees in pay4 ment for contractual services, notwithstanding sections

5 3302(b), 1341, and 1517 of title 31, United States Code.

6 TITLE III—JUDICIAL PROCESS

7 IMPROVEMENTS

8 SEC. 301. COURT ARBITRATION AUTHORIZATION.

9 (a) DISTRICT COURTS THAT MAY AUTHORIZE ARBI10 TRATION.—Paragraph (2) of section 658 of title 28,

11 United States Code, is amended to read as follows:

12 ‘‘(2) All other judicial districts that elect to uti13 lize arbitration programs.’’.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

15 905 of the Judicial Improvements and Access to Justice

16 Act (28 U.S.C. 651 note) is amended—

17 (1) in the first sentence by striking ‘‘for the fis18 cal year’’ and all that follows through ‘‘7 fiscal

19 years,’’; and

20 (2) in the third sentence by striking ‘‘, except

21 that’’ and all that follows through ‘‘this Act’’.

22 (c) REMOVAL OF REPEALER.—Section 906 of the Ju23 dicial Improvements and Access to Justice Act (28 U.S.C.

24 651 note), and the item relating to such section in the
24

•HR 4357 IH

1 table of contents contained in section 3 of such Act, are

2 repealed.

3 SEC. 302. DUTIES OF MAGISTRATE JUDGE ON EMERGENCY

4 ASSIGNMENT.

5 The first sentence of section 636(f) of title 28, United

6 States Code, is amended by striking ‘‘(a) or (b)’’ and in7 serting in lieu thereof ‘‘(a), (b), or (c)’’.

8 SEC. 303. CONSENT TO TRIAL IN CERTAIN CRIMINAL

9 ACTIONS.

10 (a) AMENDMENTS TO TITLE 18.—(1) Section

11 3401(b) of title 18, United States Code, is amended—

12 (A) by inserting ‘‘, other than a petty offense,’’

13 in the first sentence after ‘‘misdemeanor’’; and

14 (B) by striking out the third sentence and in15 serting in lieu thereof the following: ‘‘The magistrate

16 judge may not proceed to try the case unless the de17 fendant, after such explanation, expressly consents

18 to be tried before the magistrate judge and expressly

19 and specifically waives trial, judgment, and sentenc20 ing by a judge of the district court. Any such con21 sent and waiver shall be made in writing or orally

22 on the record.’’.

23 (2) Section 3401(g) of title 18, United States Code,

24 is amended by striking the first sentence and inserting in

25 lieu thereof the following: ‘‘The magistrate judge may, in
25

•HR 4357 IH

1 a petty offense case involving a juvenile, exercise all pow2 ers granted to the district court under chapter 403 of this

3 title.’’.

4 (b) AMENDMENTS TO TITLE 28.—Section 636(a) of

5 title 28, United States Code, is amended—

6 (1) by striking out ‘‘, and’’ at the end of para7 graph (3) and inserting in lieu thereof a semicolon;

8 (2) by redesignating paragraph (4) as para9 graph (5) and by striking out ‘‘or infraction’’ in

10 such paragraph and inserting in lieu thereof ‘‘, other

11 than a petty offense,’’; and

12 (3) by inserting after paragraph (3) the follow13 ing new paragraph:

14 ‘‘(4) the power to enter a sentence for a petty

15 offense;’’.

16 SEC. 304. REMOVAL OF CASES UNDER THE EMPLOYEE RE17 TIREMENT INCOME –– SECURITY ACT.

18 Section 1445 of title 28, United States Code, is

19 amended by adding at the end the following new sub20 section:

21 ‘‘(d) A civil action in any State court may not be re22 moved to any district court of the United States solely

23 on the basis of concurrent jurisdiction over a claim under

24 section 502(a)(1)(B) of the Employment Retirement In25 come Security Act of 1974.’’.
26

•HR 4357 IH

1 SEC. 305. ELIMINATION OF IN-STATE PLAINTIFF IN DIVER2 SITY –– JURISDICTION CASES.

3 Section 1332 of title 28, United States Code, is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(e) The original jurisdiction of the district courts

7 otherwise conferred by this section may not be invoked if

8 any plaintiff joined in the complaint is a citizen of the

9 State in which is located the district court in which the

10 suit is filed. For purposes of this subsection only, the Dis11 trict of Wyoming shall be deemed located solely within the

12 State of Wyoming. This subsection does not apply to or

13 limit the applicability of the right of removal under section

14 1441(a) of an action that would otherwise be within the

15 original jurisdiction of the district courts.’’.

16 TITLE IV—JUDICIARY PERSON17 NEL ADMINISTRATION, BENE18 FITS, AND PROTECTIONS

19 SEC. 401. JUDICIAL RETIREMENT MATTERS.

20 (a) AGE AND SERVICE REQUIREMENTS.—Section

21 371 of title 28, United States Code, is amended—

22 (1) in subsection (a) by inserting ‘‘(1)’’ after

23 ‘‘subsection (c)’’;

24 (2) in subsection (b)(1) by inserting ‘‘(2)’’ after

25 ‘‘subsection (c)’’; and

26 (3) in subsection (c)—
27

•HR 4357 IH

1 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’;

2 (B) by striking out ‘‘this section’’ and in3 serting in lieu thereof ‘‘subsection (a)’’; and

4 (C) by adding at the end of that subsection

5 the following new paragraph:

6 ‘‘(2) The age and service requirements for retirement

7 under subsection (b)(1) are as follows:

‘‘Attained age: Years of Service:

60 ................................................... 20

61 ................................................... 19

62 ................................................... 18

63 ................................................... 17

64 ................................................... 16

65 ................................................... 15

66 ................................................... 14

67 ................................................... 13

68 ................................................... 12

69 ................................................... 11

70 ................................................... 10’’.

8 SEC. 402. SENIOR JUDGE CERTIFICATION.

9 (a) RETROACTIVE CREDIT FOR RESUMPTION OF SIG10 NIFICANT WORKLOAD.—Section 371(f)(3) of title 28,

11 United States Code, is amended by striking out ‘‘is there12 after ineligible to receive such a certification’’ and insert13 ing in lieu thereof ‘‘may thereafter receive a certification

14 for that year by satisfying the requirements of subpara15 graph (A), (B), (C), or (D) of paragraph (1) of this sub16 section in a subsequent year and attributing a sufficient

17 part of the work performed in such subsequent year to

18 the earlier year so that the work so attributed, when added

19 to the work performed during such earlier year, satisfies

20 the requirements for certification for that year. However,
28

•HR 4357 IH

1 a justice or judge may not receive credit for the same work

2 for purposes of certification for more than one year.’’.

3 (b) AGGREGATION OF CERTAIN WORK FOR PARTIAL

4 YEARS.—Section 371(f)(1) of title 28, United States

5 Code, is amended by adding at the end of subparagraph

6 (D) the following: ‘‘In any year in which a justice or judge

7 performs work described in this subparagraph for less

8 than the full year, one-half of such work may be aggre9 gated with work described in subparagraph (A), (B), or

10 (C) of this paragraph for the purpose of the justice or

11 judge satisfying the requirements of such subparagraph.’’.

12 SEC. 403. CONTRIBUTION RATE FOR SENIOR JUDGES

13 UNDER THE JUDICIAL SURVIVORS’ ANNU14 ITIES SYSTEM.

15 Section 376(b)(1) of title 28, United States Code, is

16 amended to read as follows:

17 ‘‘(b)(1) Every judicial official who files a written noti18 fication of his or her intention to come within the purview

19 of this section, in accordance with paragraph (1) of sub20 section (a) of this section, shall be deemed thereby to con21 sent and agree to having deducted and withheld from his

22 or her salary a sum equal to 2.2 percent of that salary,

23 and a sum equal to 3.5 percent of his or her retirement

24 salary. The deduction from any retirement salary—
29

•HR 4357 IH

1 ‘‘(A) of a justice or judge of the United States

2 retired from regular active service under section

3 371(b) or section 372(a) of this title,

4 ‘‘(B) of a judge of the United States Court of

5 Federal Claims retired under section 178 of this

6 title, or

7 ‘‘(C) of a judicial official on recall under section

8 155(b), 373(c)(4), 375, or 636(h) of this title,

9 shall be an amount equal to 2.2 percent of retirement

10 salary.’’.

11 SEC. 404. REFUND OF CONTRIBUTIONS FOR DECEASED DE12 FERRED ANNUITANTS UNDER THE JUDICIAL

13 SURVIVORS’ ANNUITIES SYSTEM.

14 Section 376(o)(1) of title 28, United States Code, is

15 amended by deleting ‘‘or while receiving ‘retirement sal16 ary’,’’ and inserting in lieu thereof ‘‘while receiving retire17 ment salary, or after filing an election and otherwise com18 plying with the conditions under subsection (b)(2) of this

19 section,’’.

20 SEC. 405. DISABILITY RETIREMENT AND COST-OF-LIVING

21 ADJUSTMENTS OF ANNUITIES FOR TERRI22 TORIAL JUDGES.

23 Section 373 of title 28, United States Code, is

24 amended—
30

•HR 4357 IH

1 (1) by amending subsection (c)(4) to read as

2 follows:

3 ‘‘(4) Any senior judge performing judicial duties pur4 suant to recall under paragraph (2) of this subsection

5 shall be paid, while performing such duties, the same com6 pensation (in lieu of the annuity payable under this sec7 tion) and the same allowances for travel and other ex8 penses as a judge on active duty with the court being

9 served.’’;

10 (2) by amending subsection (e) to read as fol11 lows:

12 ‘‘(e)(1) Any judge of the District Court of Guam, the

13 District Court of the Northern Mariana Islands, or the

14 District Court of the Virgin Islands who is not reappointed

15 (as judge of such court) shall be entitled, upon attaining

16 the age of 65 years or upon relinquishing office if the

17 judge is then beyond the age of 65 years—

18 ‘‘(A) if the judicial service of such judge, con19 tinuous or otherwise, aggregates fifteen years or

20 more, to receive during the remainder of such

21 judge’s life an annuity equal to the salary received

22 when the judge left office, or

23 ‘‘(B) if such judicial service, continuous or oth24 erwise, aggregated less than fifteen years, to receive

25 during the remainder of such judge’s life an annuity
31

•HR 4357 IH

1 equal to that proportion of such salary which the ag2 gregate number of such judge’s years of service

3 bears to fifteen.

4 ‘‘(2) Any judge of the District Court of Guam, the

5 District Court of the Northern Mariana Islands, or the

6 District Court of the Virgin Islands who has served at

7 least five years, continuously or otherwise, and who retires

8 or is removed upon the sole ground of mental or physical

9 disability, shall be entitled to receive during the remainder

10 of such judge’s life an annuity equal to 40 percent of the

11 salary received when the judge left office or, in the case

12 of a judge who has served at least ten years, continuously

13 or otherwise, an annuity equal to that proportion of such

14 salary which the aggregate number of such judge’s years

15 of judicial service bears to fifteen.’’; and

16 (3) by amending subsection (g) to read as fol17 lows:

18 ‘‘(g) Any retired judge who is entitled to receive an

19 annuity under this section shall be entitled to a cost-of20 living adjustment in the amount computed as specified in

21 section 8340(b) of title 5, except that in no case may the

22 annuity payable to such retired judge, as increased under

23 this subsection, exceed the salary of a judge in regular

24 active service with the court on which the retired judge

25 served before retiring.’’.
32

•HR 4357 IH

1 SEC. 406. FEDERAL JUDICIAL CENTER PERSONNEL MAT2 TERS.

3 Section 625(b) of title 28, United States Code, is

4 amended—

5 (1) by inserting after ‘‘section 5316, title 5,

6 United States Code’’ the following: ‘‘, except the Di7 rector may fix the compensation of no more than 5

8 percent of the positions of the Center at a level not

9 to exceed the annual rate of basic pay of level IV of

10 such pay rates’’; and

11 (2) by deleting ‘‘Servive’’ and inserting in lieu

12 thereof ‘‘Service’’.

13 SEC. 407. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE14 MENT MATTERS.

15 (a) CREDITABLE SERVICE FOR CERTAIN JUDICIAL

16 ADMINISTRATIVE OFFICIALS.—

17 (1) Sections 611(d) and 627(e) of title 28,

18 United States Code, are each amended by inserting

19 ‘‘a congressional employee in the capacity of primary

20 administrative assistant to a Member of Congress or

21 in the capacity of staff director or chief counsel for

22 the majority or the minority of a committee or sub23 committee of the Senate or House of Representa24 tives,’’ after ‘‘Congress,’’.

25 (2)(A) Sections 611(b) and 627(c) of such title

26 are each amended—
33

•HR 4357 IH

1 (i) by striking out ‘‘who has served at least

2 fifteen years and’’ and inserting in lieu thereof

3 ‘‘who has at least fifteen years of service and

4 has’’; and

5 (ii) in the first undesignated paragraph, by

6 striking out ‘‘who has served at least ten

7 years,’’ and inserting in lieu thereof ‘‘who has

8 at least ten years of service,’’.

9 (B) Sections 611(c) and 627(d) of such title are

10 each amended—

11 (i) by striking out ‘‘served at least fifteen

12 years,’’ and inserting in lieu thereof ‘‘at least

13 fifteen years of service,’’; and

14 (ii) by striking out ‘‘served less than fif15 teen years,’’ and inserting in lieu thereof ‘‘less

16 than fifteen years of service,’’.

17 TITLE V—CRIMINAL LAW

18 SEC. 501. NEW AUTHORITY FOR PROBATION AND PRETRIAL

19 SERVICES OFFICERS.

20 (a) PROBATION OFFICERS.—Section 3603 of title 18,

21 United States Code, is amended—

22 (1) by striking ‘‘and’’ at the end of paragraph

23 (8)(B);

24 (2) by redesignating paragraph (9) as para25 graph (10); and
34

•HR 4357 IH

1 (3) by inserting after paragraph (8) the follow2 ing new paragraph:

3 ‘‘(9) if approved by the district court, be au4 thorized to carry firearms under such rules and reg5 ulations as the Director of the Administrative Office

6 of the United States Courts may prescribe; and’’.

7 (b) PRETRIAL SERVICES OFFICERS.—Section 3154

8 of title 18, United States Code, is amended—

9 (1) by redesignating paragraph (13) as para10 graph (14); and

11 (2) by inserting after paragraph (12) the fol12 lowing new paragraph:

13 ‘‘(13) If approved by the district court, be au14 thorized to carry firearms under such rules and reg15 ulations as the Director of the Administrative Office

16 of the United States Courts may prescribe.’’.

17 SEC. 502. TRANSPORTATION EXPENSES FOR DEFENDANTS.

18 The first sentence of section 4285 of title 18, United

19 States Code is amended—

20 (1) by striking ‘‘to appear before the required

21 court’’;

22 (2) by inserting ‘‘(1)’’ after ‘‘fare for such

23 transportation’’;

24 (3) by inserting after ‘‘where his appearance is

25 required’’ the following: ‘‘(2) to enable the defendant
35

•HR 4357 IH

1 to consult with his or her attorney, or (3) to return

2 to the place of his or her arrest or bona fide resi3 dence’’;

4 (4) by inserting ‘‘lodging and’’ before ‘‘subsist5 ence’’;

6 (5) by inserting ‘‘during travel’’ after ‘‘ex7 penses’’; and

8 (6) by inserting after ‘‘to his destination,’’ the

9 following: ‘‘during any proceedings at which his or

10 her appearance is required, or during the time he or

11 she is consulting with counsel,’’.

12 SEC. 503. FEDERAL SUBSTANCE ABUSE TREATMENT PRO13 GRAM –– REAUTHORIZATION.

14 Section 4(a) of the Contract Services for Drug De15 pendent Federal Offenders Treatment Act of 1978 is

16 amended by striking all after ‘‘there are authorized to be

17 appropriated’’ and inserting in lieu thereof ‘‘for fiscal year

18 1994 and each fiscal year thereafter such sums as may

19 be necessary to carry out this Act.’’.

20 SEC. 504. TECHNICAL AMENDMENT TO FEDERAL RULES OF

21 CRIMINAL – PROCEDURE.

22 Rule 46(i)(1) of the Federal Rules of Criminal Proce23 dure for the United States Courts is amended by striking

24 ‘‘18 U.S.C. 3144’’ and inserting ‘‘18 U.S.C. 3142’’.
36

•HR 4357 IH

1 TITLE VI—CRIMINAL JUSTICE

2 ACT AMENDMENTS

3 SEC. 601. ESTABLISHMENT OF FEDERAL DEFENDER ORGA4 NIZATIONS.

5 Paragraph (1) of subsection (g) of section 3006A of

6 title 18, United States Code, is amended—

7 (1) by striking out ‘‘A’’ at the beginning of the

8 first sentence, and inserting in lieu thereof ‘‘Any’’;

9 (2) by striking out ‘‘a’’ before ‘‘part of a dis10 trict’’ in the first sentence;

11 (3) by striking out ‘‘in which at least two hun12 dred persons annually require the appointment of

13 counsel’’ in the first sentence;

14 (4) by inserting after the first sentence ‘‘A de15 fender organization shall be established for any dis16 trict or part of a district or combination of dis17 tricts—

18 ‘‘(A) in which more than two hundred persons

19 annually require the appointment of counsel; or

20 ‘‘(B) where the Judicial Conference determines

21 that—

22 ‘‘(i) such an organization would be cost ef23 fective; or
37

•HR 4357 IH

1 ‘‘(ii) the interests of effective representa2 tion otherwise require establishment of such an

3 organization.’’; and

4 (5) by striking out ‘‘aggregate the number of

5 persons required to be represented to establish eligi6 bility for’’ in the second sentence and inserting in

7 lieu thereof ‘‘establish’’.

8 SEC. 602. PANEL ATTORNEY SUPPORT OFFICE.

9 Subsection (a) of section 3006A of title 18, United

10 States Code, is amended by adding at the end the follow11 ing new paragraph:

12 ‘‘(4)(A) In any district which has not estab13 lished a federal defender organization pursuant to

14 subsection (g) of this section, the plan for the dis15 trict may provide for the establishment of a panel

16 attorney support office to assist the court in manag17 ing the panel of attorneys who provide representa18 tion pursuant to the plan for the district. The panel

19 attorney support office shall provide advice to coun20 sel appointed pursuant to this section, maintain a

21 list of members of the panel, review vouchers for

22 compensation pursuant to this section prior to sub23 mission to judicial officers for approval, coordinate

24 training of members of the panel, and perform any
38

•HR 4357 IH

1 other duties in administering the plan for the dis2 trict which the court may delegate.

3 ‘‘(B) The district court shall appoint an admin4 istrator to direct the panel attorney support office.

5 The Administrator may be employed on a part-time

6 or full-time basis. The Administrator may appoint

7 employees in such number as may be approved by

8 the Director of the Administrative Office of the

9 United States Courts. Such employees shall be sub10 ject to removal by the Administrator.’’.

11 SEC. 603. JUDICIAL CONFERENCE TO DETERMINE RATES

12 OF COMPENSATION FOR ATTORNEYS.

13 Subsection (d) of section 3006A of title 18, United

14 States Code, is amended—

15 (1) in the first sentence of paragraph (1) by

16 striking out all that follows ‘‘be compensated’’ and

17 inserting in lieu thereof ‘‘at rates established by the

18 Judicial Conference of the United States sufficient

19 to cover reasonable overhead costs and to provide a

20 reasonable hourly wage for time expended in court

21 and for time expended out of court.’’;

22 (2) by striking out the third and fourth sen23 tences of paragraph (1); and

24 (3) by striking out all that appears in para25 graph (2) and inserting in lieu thereof ‘‘The Judicial
39

•HR 4357 IH

1 Conference shall establish limits on the amounts of

2 compensation for representation in misdemeanors,

3 felonies, appeals, and other matters. Except as pro4 vided in paragraph (3) of this subsection, the com5 pensation to be paid to an attorney or to a bar asso6 ciation or legal aid agency or community defender

7 organization shall not exceed the amount established

8 by the Judicial Conference for the type of proceed9 ing in which representation was provided.’’.

10 SEC. 604. JUDICIAL CONFERENCE TO DETERMINE MAXI11 MUM AMOUNTS OF COMPENSATION FOR

12 SERVICES OTHER THAN COUNSEL.

13 Subsection (e) of section 3006A of title 18, United

14 States Code, is amended—

15 (1) in subparagraphs (A) and (B) of paragraph

16 (2), by striking ‘‘$300’’ and inserting in lieu thereof

17 ‘‘an amount established by the Judicial Conference’’;

18 and

19 (2) in paragraph (3) by striking ‘‘$1,000’’ and

20 inserting in lieu thereof ‘‘an amount established by

21 the Judicial Conference’’.

22 SEC. 605. COMPENSATION OF PARALEGALS AND LAW STU23 DENTS.

24 Paragraph (1) of subsection (d) of section 3006A of

25 title 18, United States Code, is amended by adding at the
40

•HR 4357 IH

1 end thereof the following: ‘‘The services of paralegals and

2 qualified law students furnishing services pursuant to this

3 section shall be compensated or reimbursed at hourly rates

4 established by the Judicial Conference.’’.

5 SEC. 606. TORT CLAIMS ACT AMENDMENTS RELATING TO

6 LIABILITY OF FEDERAL PUBLIC DEFENDERS.

7 Section 2680 of title 28, United States Code, is

8 amended by adding at the end the following new sub9 section:

10 ‘‘(o) Any claim for money damages for injury, loss

11 of liberty, loss of property, or personal injury or death

12 arising from malpractice or negligence of an officer or em13 ployee of a Federal Public Defender Organization in fur14 nishing representational services under section 3006A of

15 title 18.’’.

16 TITLE VII—PLACES OF HOLDING

17 COURT

18 SEC. 701. PLACE OF HOLDING COURT IN THE NORTHERN

19 DISTRICT OF INDIANA.

20 Section 94(a)(3) of title 28, United States Code, is

21 amended to read as follows:

22 ‘‘(3) The Western Division comprises the coun23 ties of Benton, Carroll, Jasper, Lake, Newton, Por24 ter, Tippecanoe, Warren, and White.
41

•HR 4357 IH

1 Court for the Western Division shall be held at La2 fayette and at a suitable site in Lake or Porter

3 Counties.’’.

4 SEC. 702. PLACE OF HOLDING COURT IN THE SOUTHERN

5 DISTRICT OF NEW YORK.

6 The last sentence of section 112(b) of title 28, United

7 States Code, is amended to read as follows: ‘‘Court for

8 the Southern District shall be held at New York, White

9 Plains, and in the Middletown-Wallkill area of Orange

10 County, or such nearby location as may be deemed appro11 priate.’’.

12 SEC. 703. PLACE OF HOLDING COURT IN EASTERN DIS13 TRICT OF TEXAS.

14 The second sentence of section 124(c)(3) of title 28,

15 United States Code, is amended by inserting ‘‘and Plano’’

16 after ‘‘held at Sherman’’.

17 TITLE VIII—BANKRUPTCY

18 SEC. 801. BANKRUPTCY RULEMAKING.

19 (a) METHODS OF PRESCRIBING BANKRUPTCY

20 RULES.—Section 2073 of title 28, United States Code, is

21 amended—

22 (1) in subsection (a)(2), by striking out ‘‘sec23 tion 2072’’ and inserting in lieu thereof ‘‘sections

24 2072 and 2075’’;
42

•HR 4357 IH

1 (2) in subsection (d), by inserting ‘‘or 2075’’

2 after ‘‘2072’’; and

3 (3) in subsection (e) by inserting ‘‘or 2075’’

4 after ‘‘2072’’.

5 (b) EFFECTIVE DATE OF BANKRUPTCY RULES.—

6 Section 2074(a) of title 28, United States Code, is amend7 ed by inserting ‘‘or 2075’’ in the first sentence after

8 ‘‘2072’’.

9 (c) CONFORMING AMENDMENT.—Section 2075 of

10 title 28, United States Code, is amended by striking out

11 the third undesignated paragraph.

12 SEC. 802. BANKRUPTCY ADMINISTRATOR PROGRAM.

13 (a) PRESIDING OFFICER.—A bankruptcy adminis14 trator appointed under section 302(d)(3)(I) of the Bank15 ruptcy Judges, United States Trustees, and Family Farm16 er Bankruptcy Act of 1986 (Public Law 99–554; 100

17 Stat. 3132), as amended by section 317(a) of the Federal

18 Courts Study Committee Implementation Act of 1990

19 (Public Law 101–650; 104 Stat. 5115), or the bankruptcy

20 administrator’s designee may preside at the meeting of

21 creditors convened under section 341(a) of title 11, United

22 States Code. The bankruptcy administrator or the bank23 ruptcy administrator’s designee may preside at any meet24 ing of equity security holders convened under section

25 341(b) of title 11, United States Code.
43

•HR 4357 IH

1 (b) EXAMINATION OF THE DEBTOR.—The bank2 ruptcy administrator or the bankruptcy administrator’s

3 designee may examine the debtor at the meeting of credi4 tors and may administer the oath required under section

5 343 of title 11, United States Code.

6 SEC. 803. DAMAGES FOR VIOLATION OF AUTOMATIC STAY.

7 Section 362(h) of title 11, United States Code, is

8 amended to read as follows:

9 ‘‘(h) An entity injured by any willful violation by any

10 entity of a stay provided by this section shall recover from

11 the entity violating the automatic stay actual damages, in12 cluding costs and attorneys’ fees, and, in appropriate cir13 cumstances, may recover punitive damages.’’.

14 TITLE IX—MISCELLANEOUS

15 SEC. 901. PROPERTY DAMAGE, THEFT, AND LOSS CLAIMS

16 OF JURORS.

17 Section 604 of title 28, United States Code, is

18 amended by adding at the end thereof the following new

19 subsection:

20 ‘‘(i) The Director may pay a claim by a person sum21 moned to serve or serving as a grand juror or petit juror

22 for loss of, or damage to, personal property that occurs

23 incident to that person’s performance of duties in response

24 to the summons or at the direction of an officer of the

25 court. With respect to claims, the Director shall have the
44

•HR 4357 IH

1 authority granted to the head of an agency by section

2 3721 of title 31 for the consideration of employees’ per3 sonal property claims. The Director shall prescribe guide4 lines for the consideration of claims under this sub5 section.’’.

6 SEC. 902. EXPANDED WORKERS’ COMPENSATION COV7 ERAGE FOR JURORS.

8 WORKERS’ COMPENSATION COVERAGE.—Paragraph

9 (2) of section 1877(b) of title 28, United States Code, is

10 amended—

11 (1) by striking ‘‘or’’ at the end of clause (C);

12 and

13 (2) by inserting ‘‘, or (E) traveling to or from

14 the courthouse pursuant to a jury summons or se15 questration order, or as otherwise necessitated by

16 order of the court’’ before the period at the end of

17 clause (D).

18 SEC. 903. EXEMPTION FROM JURY SERVICE.

19 (a) MEMBERS OF THE ARMED FORCES.—Paragraph

20 (6) of section 1863(b) of title 28, United States Code, is

21 amended to read as follows:

22 ‘‘(6) specify that members of the Armed Forces

23 of the United States serving on active duty are

24 barred from service on the ground that they are ex25 empt.’’.
45

•HR 4357 IH

1 (b) CONFORMING AMENDMENT.—Section 1869 of

2 title 28, United States Code, is amended by striking sub3 section (i) and redesignating subsequent subsections ac4 cordingly.

5 SEC. 904. FULL-TIME STATUS OF COURT REPORTERS.

6 Section 753(e) of title 28, United States Code, is

7 amended by inserting after the first sentence the follow8 ing: ‘‘For the purposes of subchapter III of chapter 83

9 of title 5 and chapter 84 of such title, a reporter shall

10 be considered a full-time employee during any pay period

11 for which a reporter receives a salary at the annual salary

12 rate fixed for a full-time reporter pursuant to the preced13 ing sentence.’’.

14 SEC. 905. TECHNICAL AMENDMENT RELATING TO THE JU15 DICIAL CONFERENCE.

16 Section 331 of title 28, United States Code, is

17 amended in the second paragraph by striking ‘‘at the an18 nual judicial conference of the circuit held pursuant to sec19 tion 333 of this title’’.

20 SEC. 906. TECHNICAL AMENDMENT RELATING TO THE DI21 RECTOR AND DEPUTY DIRECTOR OF THE AD22 MINISTRATIVE OFFICE.

23 Section 601 of title 28, United States Code, is

24 amended by adding at the end thereof the following: ‘‘The
46

•HR 4357 IH

1 Director and Deputy Director shall be deemed to be ‘offi2 cers’ for the purposes of title 5.’’.

3 SEC. 907. TECHNICAL AMENDMENT RELATING TO RE4 MOVAL.

5 Section 1446(c)(1) of title 28, United States Code,

6 is amended by striking ‘‘petitioner’’ and inserting in lieu

7 thereof ‘‘defendant or defendants’’.

8 SEC. 908. TECHNICAL AMENDMENT TO FEDERAL JUDICIAL

9 CENTER RETIREMENT PROVISIONS.

10 Section 627(b) of title 28, United States Code, is

11 amended—

12 (1) by inserting before ‘‘the professional staff’’

13 in the first sentence ‘‘Deputy Director,’’; and

14 (2) by inserting after ‘‘(relating to civil service

15 retirement),’’ in the first sentence ‘‘chapter 84 (re16 lating to the Federal Employees’ Retirement Sys17 tem),’’.

18 SEC. 909. VACANCY IN CLERK POSITION; ABSENCE OF

19 CLERK; –– COMPENSATION OF DECEASED

20 CLERK OF SUPREME COURT.

21 (a) Section 954 of title 28, United States Code, is

22 amended to read as follows:

23 ‘‘(a) When the office of clerk is vacant, the deputy

24 clerks shall perform the duties of the clerk in the name

25 of the last person who held that office. When the clerk
47

•HR 4357 IH

1 is incapacitated, absent or otherwise unavailable to per2 form official duties, the deputy clerks shall perform the

3 duties of the clerk in the name of the clerk. The court

4 may designate a deputy clerk to act temporarily as clerk

5 of the court in his or her own name.

6 ‘‘(b) The compensation of a deceased clerk of the Su7 preme Court may be paid to the decedent’s personal rep8 resentative until a successor is appointed and qualifies.’’.

9 (b) The chapter analysis for chapter 57 of title 28,

10 United States Code, relating to section 954 is amended

11 to read as follows:

‘‘954. Vacancy in clerk position; absence of clerk; compensation of deceased

clerk of Supreme Court.’’.

12 (c) The section title for section 954 of title 28, United

13 States Code, is amended to read as follows:

14 ‘‘§ 954. Vacancy in clerk position; absence of clerk;

15 compensation of deceased clerk of Su16 preme Court’’.

17 SEC. 910. REGISTRATION OF JUDGMENTS FOR ENFORCE18 MENT IN OTHER DISTRICTS.

19 (a) Section 1963 of title 28, United States Code, is

20 amended—

21 (1) in the first sentence—

22 (A) by striking ‘‘district court’’ and insert23 ing in lieu thereof ‘‘court of appeals, district

24 court, bankruptcy court,’’; and
48

•HR 4357 IH

1 (B) by striking ‘‘such judgment’’ and in2 serting in lieu thereof ‘‘the judgment’’; and

3 (2) by adding after the last paragraph the fol4 lowing:

5 ‘‘The procedure prescribed by this section is in addi6 tion to other procedures provided by law for the enforce7 ment of judgments.’’.

8 (b) The chapter analysis for chapter 125 of title 28,

9 United States Code, relating to section 1963 is amended

10 to read as follows:

‘‘1963. Registration of judgments for enforcement in other districts.’’.

11 (c) The section title for section 1963 of title 28,

12 United States Code, is amended to read as follows:

13 ‘‘§ 1963. Registration of judgments for enforcement in

14 other districts’’.

15 SEC. 911. MAGISTRATE JUDGE POSITIONS AUTHORIZED IN

16 THE DISTRICT COURTS OF GUAM AND THE

17 NORTHERN MARIANA ISLANDS.

18 Section 631 of title 28, United States Code, is

19 amended—

20 (1) by striking the first two sentences of sub21 section (a) and inserting in lieu thereof the follow22 ing: ‘‘The judges of each United States district court

23 and the district courts of the Virgin Islands, Guam,

24 and the Northern Mariana Islands shall appoint

25 United States magistrate judges in such numbers
49

•HR 4357 IH

1 and to serve at such locations within the judicial dis2 tricts as the Conference may determine under this

3 chapter. In the case of a magistrate judge appointed

4 by the district court of the Virgin Islands, Guam, or

5 the Northern Mariana Islands, this chapter shall

6 apply as though the court appointing such a mag7 istrate judge were a United States district court.’’;

8 and

9 (2) by inserting in the first sentence of para10 graph (1) of subsection (b) after ‘‘Commonwealth of

11 Puerto Rico,’’ the following: ‘‘the Territory of Guam,

12 the Territory of the Northern Mariana Islands,’’.

13 SEC. 912. VENUE IN DIVERSITY CIVIL ACTIONS.

14 Chapter 87 of title 28, United States Code (relating

15 to district courts; venue) is amended—

16 (1) by amending subsection (a)(3) of section

17 1391 by striking out ‘‘the defendants are’’ and in18 serting in lieu thereof ‘‘any defendant is’’; and

19 (2) in section 1392—

20 (A) by repealing subsection (a);

21 (B) by striking out the subsection designa22 tor ‘‘(b)’’ for the remaining subsection; and

23 (C) by striking out ‘‘Defendants or prop24 erty’’ in the chapter analysis and section title

25 and inserting in lieu thereof ‘‘Property’’.
50

•HR 4357 IH

Æ

HR 4357 IH——2

HR 4357 IH——3

HR 4357 IH——4