I

104TH CONGRESS

1ST SESSION H. R. 1989

To make improvements in the operation and administration of the Federal

courts, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1995

Mr. MOORHEAD (for himself and Mrs. SCHROEDER) (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 1995’’.

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

7 of contents for this Act:

Sec. 1. Short title and table of contents.

TITLE I—CRIMINAL LAW

Sec. 101. New authority for probation and pretrial services officers.

Sec. 102. Transportation expenses for defendants.
2

HR 1989 IH

Sec. 103. Federal substance abuse treatment program reauthorization.

TITLE II—JUDICIAL FINANCIAL ADMINISTRATION

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

Sec. 202. Increase in civil action filing fee.

Sec. 203. Increase in attorney admission fees.

Sec. 204. Transfer of retirement funds.

Sec. 205. Consolidation of unclaimed registry funds.

Sec. 206. Interpreter performance examination fees.

TITLE III—JUDICIAL PROCESS IMPROVEMENTS

Sec. 301. Duties of magistrate judge on emergency assignment.

Sec. 302. Consent to trail in certain criminal actions.

Sec. 303. Removal of cases under the Employee Retirement Income Security

Act.

Sec. 304. Elimination of in-state plaintiff diversity jurisdiction.

Sec. 305. Extension of statutory authority for magistrate judge positions to be

established in the District Courts of Guam and the Northern

Mariana Islands.

Sec. 306. Venue in civil actions.

Sec. 307. Registration of judgments for enforcement in other districts.

Sec. 308. Vacancy in clerk position; absence of clerk.

Sec. 309. Diversity jurisdiction.

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 contribution for deceased deferred annuitant under the Judicial Survivor’s 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.

Sec. 408. Bankruptcy judges reappointment procedure.

Sec. 409. Carrying of firearms.

Sec. 410. Commencement date of temporary judgeships.

Sec. 411. Full-time status of court reporters.

Sec. 412. Exemption from jury service.

Sec. 413. Expanded workers’ compensation coverage for jurors.

Sec. 414. Property damage, theft, and loss claims of jurors.

Sec. 415. Court Interpreters Act.

Sec. 416. Article III status for the judgeship authorized for the Commonwealth

of the Northern Mariana Islands.

Sec. 417. Annual leave limit for court unit executives.

TITLE V—FEDERAL COURTS STUDY COMMITTEE

RECOMMENDATIONS

Sec. 501. Parties’ consent to bankruptcy judge’s findings and conclusions of

law.

Sec. 502. Enforcement of National Labor Relations Board orders.
3

HR 1989 IH

Sec. 503. Qualification of chief judge of Court of International Trade.

Sec. 504. Judicial cost-of-living increases.

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.

TITLE VII—PLACES OF HOLDING COURT

Sec. 701. Place of holding court in the Southern District of New York.

Sec. 702. Place of holding court in the Eastern District of Texas.

TITLE VIII—MISCELLANEOUS

Sec. 801. Technical amendment to 28 U.S.C. 331 (relating to the Judicial Conference).

Sec. 802. Technical amendment to 28 U.S.C. 601 (relating to the director and

deputy director of the Administrative Office).

Sec. 803. Technical amendment to 28 U.S.C. 1446 (relating to removal).

Sec. 804. Technical amendment to 28 U.S.C. 627(b) (Federal Judicial Center

retirement provisions).

1 TITLE I—CRIMINAL LAW

2 SEC. 101. NEW AUTHORITY FOR PROBATION AND PRETRIAL

3 SERVICES OFFICERS.

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

5 United States Code, is amended—

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

7 (8)(B);

8 (2) by inserting a new paragraph (9) as follows:

9 ‘‘(9) if approved by the district court, be au10 thorized to carry firearms under such rules and reg11 ulations as the Director of the Administrative Office

12 of the United States Courts may prescribe; and’’;

13 and
4

HR 1989 IH

1 (3) by redesignating paragraph (9) as para2 graph (10).

3 (b) PRETRIAL SERVICES OFFICERS.—Section 3154

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

5 (1) by inserting a new paragraph (13), as fol6 lows:

7 ‘‘(13) If approved by the district court, be au8 thorized to carry firearms under such rules and reg9 ulations as the Director of the Administrative Office

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

11 (2) by redesignating paragraph (13) as para12 graph (14).

13 SEC. 102. TRANSPORTATION EXPENSES FOR DEFENDANTS.

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

15 States Code is amended—

16 (a) by deleting ‘‘appear before the required

17 court’’;

18 (b) by inserting ‘‘(1)’’ after ‘‘fare for such

19 transportation’’;

20 (c) by inserting after ‘‘where his appearance is

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

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

23 to the place of his or her arrest or bona fide resi24 dence’’;
5

HR 1989 IH

1 (d) by inserting ‘‘lodging and’’ before ‘‘subsist2 ence’’;

3 (e) by inserting ‘‘during travel’’ after ‘‘ex4 penses’’; and

5 (f) by inserting after ‘‘to his destination,’’ the

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

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

8 she is consulting with counsel,’’.

9 SEC. 103. FEDERAL SUBSTANCE ABUSE TREATMENT PRO10 GRAM REAUTHORIZATION.

11 Section 4(a) of the Contract Services for Drug De12 pendent Federal Offenders Treatment Act of 1978, as

13 amended, is amended by striking all after ‘‘there are au14 thorized to be appropriated’’ and inserting in lieu thereof

15 ‘‘for fiscal year 1995 and each fiscal year thereafter such

16 sums as may be necessary to carry out this Act.’’.

17 TITLE II—JUDICIAL FINANCIAL

18 ADMINISTRATION

19 SEC. 201. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND

20 CRIMINAL FORFEITURE EXPENSES.

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

22 is amended—

23 (1) by redesignating paragraph ‘‘(12)’’ as para24 graph ‘‘(13)’’;
6

HR 1989 IH

1 (2) by redesignating paragraph ‘‘(11)’’ as para2 graph ‘‘(12)’’;

3 (3) by redesignating paragraph ‘‘(10)’’ as para4 graph ‘‘(11)’’;

5 (4) by redesignating paragraph ‘‘(9)’’ as para6 graph ‘‘(10)’’; and

7 (5) by inserting after paragraph ‘‘(8)’’ the fol8 lowing new paragraph ‘‘(9)’’:

9 ‘‘(9)(A) In fiscal year 1995 and each fiscal year

10 thereafter, an amount as specified in subparagraph

11 (9)(B) shall be transferred annually to the Judiciary

12 into the fund established under section 1931 of this

13 title, for expenses incurred in—

14 ‘‘(i) adjudication of civil and criminal for15 feiture proceedings that result in deposits into

16 the Fund (except the expense of salaries of

17 judges);

18 ‘‘(ii) representation, pursuant to the provi19 sions of section 3006A of title 18, United

20 States Code, of offenders whose assets have

21 been seized in such forfeiture proceedings, to

22 the extent that such expenses of representation

23 could have been recovered through an order for

24 payment or for reimbursement of the Defender
7

HR 1989 IH

1 Services appropriation pursuant to section

2 3006A(f) of title 18, United States Code; and

3 ‘‘(iii) supervision by United States proba4 tion officers of offenders under home detention

5 or other forms of confinement outside of Bu6 reau of Prisons facilities.

7 ‘‘(B) The amount to be transferred—

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

9 to be transferred from the combined fiscal year

10 deposits into both the Fund and the Depart11 ment of the Treasury Asset Forfeiture Fund es12 tablished by section 9703 of title 31, United

13 States Code (hereafter referred to as ‘both

14 Funds’), which total shall not exceed the state15 ment of costs incurred by the Judiciary in pro16 viding the services identified in subparagraph

17 (A), as set forth by the Director of the Admin18 istrative Office of the United States Courts in

19 a report to the Attorney General and the Sec20 retary of the Treasury no later than 90 days

21 after the end of the fiscal year in which the ex22 penses were incurred: Provided, That the total

23 amount to be transferred from both Funds shall

24 not exceed $50,000,000, or 10 percent of the

25 total combined deposits into both Funds, which-
8

HR 1989 IH

1 ever is less: Provided further, That the propor2 tion of the amount transferred from the Fund

3 to the total amount to be transferred shall be

4 equal to the proportion of the fiscal year depos5 its into the Fund to the combined fiscal year

6 deposits into both Funds: Provided further,

7 That the total amount to be transferred from

8 both Funds may exceed the limits set out in

9 this subparagraph subject to the discretion of

10 the Attorney General and the Secretary of the

11 Treasury; and

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

13 into the Fund during the fiscal year in which

14 the expenses were incurred and are not required

15 to be specified in appropriations Acts.’’.

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

17 amended—

18 (1) by redesignating section ‘‘(p)’’ as section

19 ‘‘(q)’’; and

20 (2) by inserting after section ‘‘(o)’’ the follow21 ing new section ‘‘(p)’’:

22 ‘‘(p) TRANSFER TO THE FEDERAL JUDICIARY.—

23 ‘‘(1) In fiscal year 1994 and each year there24 after, an amount necessary to meet the transfer re25 quirements of section 524(c)(9) of title 28, United
9

HR 1989 IH

1 States Code, shall be transferred to the Judiciary,

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

3 and conditions specified in that section for transfers

4 to the Judiciary from the Department of Justice

5 Asset Forfeiture Fund.’’.

6 (c) Section 1931(a) of title 28 is amended by insert7 ing ‘‘or other judicial services including services provided

8 pursuant to section 3006A of title 18, United States

9 Code’’ after ‘‘courts of the United States’’.

10 SEC. 202. INCREASE IN CIVIL ACTION FILING FEE.

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

12 28, United States Code, is amended by striking ‘‘$120’’

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

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

15 title 28, United States Code, is amended—

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

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

18 (2) by striking ‘‘$120’’ in subsection (b) and in19 serting in lieu thereof ‘‘$150’’.

20 SEC. 203. INCREASE IN ATTORNEY ADMISSION FEES.

21 For fiscal year 1995 and thereafter, of each fee col22 lected for admission of an attorney to practice, as pre23 scribed by the Judicial Conference of the United States

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

25 $30 of that portion of the fee exceeding $20 shall be de-
10

HR 1989 IH

1 posited into the special fund of the Treasury established

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

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

4 of admission or certificate of good standing, as prescribed

5 by the Judicial Conference of the United States pursuant

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

7 deposited into the special fund of the Treasury established

8 under section 1931 of title 28, United States Code.

9 SEC. 204. TRANSFER OF RETIREMENT FUNDS.

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

11 amended by adding at the end thereof the following new

12 subsection:

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

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

15 of the accrued employer contributions and accrued interest

16 on those contributions made on behalf of the bankruptcy

17 judge or magistrate judge to the Civil Service Retirement

18 and Disability Fund as defined under section 8348 of title

19 5, United States Code, shall be transferred to the fund

20 established under section 1931 of title 28, United States

21 Code: Provided, That if the bankruptcy judge or mag22 istrate judge elects under section 2(c) of the Retirement

23 and Survivors’ Annuities for Bankruptcy Judges and

24 Magistrates Act of 1988, Public Law 100–659, to receive

25 a retirement annuity under both this section and title 5,
11

HR 1989 IH

1 United States Code, only the accrued employer contribu2 tions and accrued interest on such contributions made on

3 behalf of the bankruptcy judge or magistrate judge for

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

5 SEC. 205. CONSOLIDATION OF UNCLAIMED REGISTRY

6 FUNDS.

7 Section 2042 of title 28, United States Code, is

8 amended by—

9 (a) amending the section heading to read as fol10 lows:

11 ‘‘§ 2042. Withdrawal; intra-judicial transfers; transfer

12 of unclaimed money’’.

13 (b) inserting ‘‘(a)’’ before the first paragraph;

14 and

15 (c) striking out the second paragraph and in16 serting in lieu thereof the following new subsections:

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

18 money deposited in court under section 2041 has been ad19 judicated or is not in dispute and such money has re20 mained so deposited for at least ninety (90) days un21 claimed by the person entitled thereto, such court shall

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

23 Administrative Office of the United States Courts. Con24 current with such transfer, the Director shall assume all

25 fiduciary duties and responsibilities for such money.
12

HR 1989 IH

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

2 authorized control of the Director as described in sub3 section (b)(1) shall be treated in the same manner as in4 terest earned on funds deposited in a court’s registry. Any

5 funds hereafter collected by the Judiciary as a charge for

6 services rendered in administering the funds deposited

7 under subsection (b)(1) shall be deposited into the sepa8 rate account entitled ‘Registry Administration Account’ in

9 the Treasury of the United States (as established by Pub10 lic Law 100–459, title IV, sec. 400, 102 Stat. 2211 (Oct.

11 1, 1988)). Such funds shall remain available to the Judici12 ary until expended, without further appropriation, to reim13 burse any appropriation for the amount paid out for ex14 penses of the Courts of Appeals, District Courts, and

15 Other Judicial Services and the Administrative Office of

16 the United States Courts.

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

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

19 control of the Director for at least five years unclaimed

20 by any person entitled thereto, the Director shall cause

21 such money and accrued interest to be deposited in the

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

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

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

HR 1989 IH

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

2 order directing payment to such claimant.

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

4 regarding the deposit, transfer and withdrawal of such

5 moneys described in this section in accordance with the

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

7 title.’’.

8 (d) The table of sections for chapter 129 of title

9 28, United States Code, is amended by amending

10 the item related to section 2042 to read as follows:

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

11 SEC. 206. INTERPRETER PERFORMANCE EXAMINATION

12 FEES.

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

14 is amended by renumbering paragraph (5) as (6) and in15 sert a new subparagraph (5) as follows:

16 ‘‘(5) If the Director of the Administrative Of17 fice of the United States Courts finds it necessary

18 to develop and administer criterion-referenced per19 formance examinations for purposes of certification,

20 or other examinations for the selection of otherwise

21 qualified interpreters, the Director may prescribe for

22 each examination a uniform fee for applicants to

23 take such examination. In determining the rate of

24 the fee for each examination, the Director shall con25 sider the fees charged by other organizations for ex-
14

HR 1989 IH

1 aminations that are similar in scope or nature. Not2 withstanding section 3302(b) of title 31 of the Unit3 ed States Code, the Director is authorized to provide

4 in any contract or agreement for the development

5 or administration of examinations and the collection

6 of fees that the contractor may retain all or a por7 tion of the fees in payment for the services. Notwith8 standing subparagraph (6) of this subsection all fees

9 hereafter collected and not retained by a contractor

10 shall be deposited in the fund established under sec11 tion 1931 of this title and shall remain available

12 until expended’’.

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

14 United States is hereby granted retroactive authority to

15 include in any contract for the development or administra16 tion of examinations for interpreters a provision which

17 permits the contractor to collect and retain fees in pay18 ment for contractual services, notwithstanding sections

19 3302(b), 1341, and 1517 of title 31 of the United States

20 Code.
15

HR 1989 IH

1 TITLE III—JUDICIAL PROCESS

2 IMPROVEMENTS

3 SEC. 301. 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. 302. CONSENT TO TRIAL IN CERTAIN CRIMINAL AC9 TIONS.

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
16

HR 1989 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 (4):

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

15 offense;’’.

16 SEC. 303. REMOVAL OF CASES UNDER THE EMPLOYEE RE17 TIREMENT INCOME SECURITY ACT.

18 Section 1445 of title 28 is amended by adding a new

19 subsection:

20 ‘‘(d) A civil action in any State court may not be re21 moved to any district court of the United States solely

22 on the basis of concurrent jurisdiction over a claim under

23 section 1132(a)(1)(B) of title 29.’’.
17

HR 1989 IH

1 SEC. 304. ELIMINATION OF IN-STATE PLAINTIFF DIVERSITY

2 JURISDICTION.

3 Section 1332 of title 28 is amended by adding the

4 following new subsection:

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

6 otherwise conferred by this section may not be invoked if

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

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

9 suit is filed. For purposes of this subsection only, the Dis10 trict of Wyoming shall be deemed located solely within the

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

12 limit the applicability of the right of removal under section

13 1441(a) of an action that would otherwise be within the

14 original jurisdiction of the district courts.’’.

15 SEC. 305. EXTENSION OF STATUTORY AUTHORITY FOR

16 MAGISTRATE JUDGE POSITIONS TO BE ES17 TABLISHED IN THE DISTRICT COURTS OF

18 GUAM AND THE NORTHERN MARIANA IS19 LANDS.

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

21 amended—

22 (a) by striking the first two sentences of sub23 section (a) and inserting in lieu thereof the follow24 ing: ‘‘The judges of each United States district court

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

26 and the Northern Mariana Islands shall appoint
18

HR 1989 IH

1 United States magistrate judges in such numbers

2 and to serve at such locations within the judicial dis3 tricts as the Conference may determine under this

4 chapter. In the case of a magistrate judge appointed

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

6 the Northern Mariana Islands, this chapter shall

7 apply as though the court appointing such a mag8 istrate judge were a United States district court.’’;

9 and

10 (b) by inserting in the first sentence of para11 graph (1) of subsection (b) after ‘‘Commonwealth of

12 Puerto Rico,’’ the language ‘‘the Territory of Guam,

13 the Commonwealth of the Northern Mariana Is14 lands,’’.

15 SEC. 306. VENUE IN CIVIL ACTIONS.

16 Chapter 87 of title 28 (relating to district courts;

17 venue) is amended by—

18 (a) amending subsection (a)(3) of section 1391

19 by striking out ‘‘the defendants are’’ and inserting

20 in lieu thereof ‘‘any defendant is’’;

21 (b) in section 1392—

22 (1) repealing subsection (a);

23 (2) striking out the subsection designator

24 ‘‘(b)’’ for the remaining subsection; and
19

HR 1989 IH

1 (3) striking out ‘‘Defendants or property’’

2 in the chapter analysis and section title and in3 serting in lieu thereof ‘‘Property’’.

4 SEC. 307. REGISTRATION OF JUDGMENTS FOR ENFORCE5 MENT IN OTHER DISTRICTS.

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

7 amended—

8 (1) in the first sentence, by striking ‘‘district

9 court’’ and inserting in lieu thereof ‘‘court of ap10 peals, district court, bankruptcy court,’’ and striking

11 ‘‘such judgment’’ and inserting in lieu thereof ‘‘the

12 judgment’’; and

13 (2) adding a new sentence after the last para14 graph as follows: ‘‘The procedure prescribed by this

15 section is in addition to other procedures provided

16 by law for the enforcement of judgments.’’.

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

18 United States Code, relating to section 1963 is amended

19 to read as follows:

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

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

21 United States Code, is amended to read as follows:
20

HR 1989 IH

1 ‘‘§ 1963. Registration of judgments for enforcement in

2 other districts’’.

3 SEC. 308. VACANCY IN CLERK POSITION; ABSENCE OF

4 CLERK.

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

6 amended to read as follows:

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

8 ‘‘When the office of clerk is vacant, the deputy clerks

9 shall perform the duties of the clerk in the name of the

10 last person who held that office. When the clerk is inca11 pacitated, absent or otherwise unavailable to perform offi12 cial duties, the deputy clerks shall perform the duties of

13 the clerk in the name of the clerk. The court may des14 ignate a deputy clerk to act temporarily as clerk of the

15 court in his or her own name.’’.

16 (b) Section 954 of title 28, United States Code, is

17 further amended by deleting the second paragraph of that

18 section.

19 (c) The chapter analysis for chapter 57 of title 28,

20 United States Code, relating to section 954 is amended

21 to read as follows:

‘‘954. Vacancy in clerk position; absence of clerk.’’.

22 SEC. 309. DIVERSITY JURISDICTION.

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

24 amended—
21

HR 1989 IH

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

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

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

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

5 (3) by redesignating subsection (d) as sub6 section (e); and

7 (4) by inserting after subsection (c) the follow8 ing new subsection (d):

9 ‘‘(d)(1) Effective on January 1 of each year that im10 mediately follows a year evenly divisible by 5, the amounts

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

12 by the percent change published in the Federal Register

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

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

15 to the nearest five thousand dollars.

16 ‘‘(2) Before the end of each year that is evenly divis17 ible by 5, the Director of the Administrative Office of the

18 United States Courts shall compute the percent change

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

20 price index for September 1 of the fifth year preceding

21 such year and shall publish such percent change in the

22 Federal Register.

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

24 means the Consumer Price Index (all items—United
22

HR 1989 IH

1 States city average) published monthly by the Bureau of

2 Labor Statistics.’’.

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

4 1332 of title 28, United States Code (as added by para5 graph (a)(4)), shall be made effective on January 1, 2000.

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

7 date of enactment of this Act.

8 TITLE IV—JUDICIARY PERSONNEL ADMIN9 ISTRATION, BENEFITS, AND PROTEC10 TIONS

11 SEC. 401. JUDICIAL RETIREMENT MATTERS.

12 (a) Section 371 of title 28, United States Code, is

13 amended—

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

15 ‘‘subsection (c)’’;

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

17 ‘‘subsection (c)’’; and

18 (3) in subsection (c)—

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

20 (B) by striking out ‘‘this section’’ and in21 serting in lieu thereof ‘‘subsection (a)’’; and

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

23 the following new paragraph:

24 ‘‘(2) The age and service requirements for re25 tirement under subsection (b)(1) are as follows:
23

HR 1989 IH

‘‘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.’’

1 SEC. 402. SENIOR JUDGE CERTIFICATION.

2 (a) Section 371(f)(3) of title 28, United States Code,

3 is amended by striking out ‘‘is thereafter ineligible to re4 ceive such a certification’’ and inserting in lieu thereof

5 ‘‘may thereafter receive a certification for that year by sat6 isfying the requirements of subparagraph (A), (B), (C),

7 or (D) of paragraph (1) of this subsection in a subsequent

8 year and attributing a sufficient part of the work per9 formed in such subsequent year to the earlier year so that

10 the work so attributed, when added to the work performed

11 during such earlier year, satisfies the requirements for cer12 tification for that year. However, a justice or judge may

13 not receive credit for the same work for purposes of certifi14 cation for more than one year.’’.

15 (b) Section 371(f)(1) of title 28, United States Code,

16 is amended by adding at the end of subparagraph (D) the

17 following: ‘‘In any year in which a justice or judge per18 forms work described in this subparagraph for less than

19 the full year, one-half of such work may be aggregated

20 with work described in subparagraph (A), (B), or (C) of
24

HR 1989 IH

1 this paragraph for the purpose of the justice or judge sat2 isfying the requirements of such subparagraph.’’.

3 SEC. 403. CONTRIBUTION RATE FOR SENIOR JUDGES

4 UNDER THE JUDICIAL SURVIVORS’ ANNU5 ITIES SYSTEM.

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

7 amended to read as follows:

8 ‘‘(b)(1) Every judicial official who files a written noti9 fication of his or her intention to come within the purview

10 of this section, in accordance with paragraph (1) of sub11 section (a) of this section, shall be deemed thereby to con12 sent and agree to having deducted and withheld from his

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

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

15 salary. The deduction from any retirement salary—

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

17 retired from regular active service under section

18 371(b) or section 372(a) of this title,

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

20 Federal Claims retired under section 178 of this

21 title, or

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

23 155(b), 373(c)(4), 375, or 636(h) of this title, shall

24 be an amount equal to 2.2 percent of retirement sal25 ary.’’.
25

HR 1989 IH

1 SEC. 404. REFUND OF CONTRIBUTION FOR DECEASED DE2 FERRED ANNUITANT UNDER THE JUDICIAL

3 SURVIVORS’ ANNUITIES SYSTEM.

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

5 amended by deleting ‘‘or while receiving ‘retirement sal6 ary’,’’ and inserting in lieu thereof ‘‘while receiving retire7 ment salary, or after filing an election and otherwise com8 plying with the conditions under subsection (b)(2) of this

9 section,’’.

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

11 ADJUSTMENTS OF ANNUITIES FOR TERRI12 TORIAL JUDGES.

13 Section 373 of title 28, is amended—

14 (a) by amending subparagraph (c)(4) to read—

15 ‘‘(4) Any senior judge performing judicial du16 ties pursuant to recall under paragraph (2) of this

17 subsection shall be paid, while performing such du18 ties, the same compensation (in lieu of the annuity

19 payable under this section) and the same allowances

20 for travel and other expenses as a judge on active

21 duty with the court being served.’’;

22 (b) by amending subsection (e) to read—

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

24 District Court of the Northern Mariana Islands, or the

25 District Court of the Virgin Islands who is not reappointed

26 (as judge of such court) shall be entitled, upon attaining
26

HR 1989 IH

1 the age of sixty-five years or upon relinquishing office if

2 the judge is then beyond the age of sixty-five years,

3 ‘‘(i) if the judicial service of such judge, contin4 uous or otherwise, aggregates fifteen years or more,

5 to receive during the remainder of such judge’s life

6 an annuity equal to the salary received when the

7 judge left office, or

8 ‘‘(ii) if such judicial service, continuous or oth9 erwise, aggregated less than fifteen years, to receive

10 during the remainder of such judge’s life an annuity

11 equal to that proportion of such salary which the ag12 gregate number of such judge’s years of service

13 bears to fifteen.

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

15 District Court of the Northern Mariana Islands, or the

16 District Court of the Virgin Islands who has served at

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

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

19 disability, shall be entitled to receive during the remainder

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

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

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

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

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

25 of judicial service bears to fifteen,’’; and
27

HR 1989 IH

1 (c) amending subsection (g) to read—

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

3 annuity under this section shall be entitled to a cost-of4 living adjustment in the amount computed as specified in

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

6 annuity payable to such retired judge, as increased under

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

8 active service with the court on which the retired judge

9 served before retiring.’’.

10 SEC. 406. FEDERAL JUDICIAL CENTER PERSONNEL MAT11 TERS.

12 Section 625(b) of title 28 is amended—

13 (a) by inserting after ‘‘section 5316, title 5,

14 United States Code’’ the following: ‘‘, except the Di15 rector may fix the compensation of no more than 5

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

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

18 such pay rates’’.

19 (b) by deleting ‘‘Servive’’ and inserting in lieu

20 thereof ‘‘Service.’’

21 SEC. 407. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE22 MENT MATTERS.

23 (a) CREDITABLE SERVICE FOR CERTAIN JUDICIAL

24 ADMINISTRATIVE OFFICIALS.—
28

HR 1989 IH

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

2 United States Code, are each amended by inserting

3 ‘‘a congressional employee in the capacity of primary

4 administrative assistant to a Member of Congress or

5 in the capacity of staff director or chief counsel for

6 the majority or the minority of a committee or sub7 committee of the Senate or House of Representa8 tives,’’ after ‘‘Congress,’’.

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

10 are each amended—

11 (i) in paragraph (b), by striking out ‘‘who

12 has served at least fifteen years and’’ and in13 serting in lieu thereof ‘‘who has at least fifteen

14 years of service and has’’; and

15 (ii) in the first undesignated paragraph, by

16 striking out ‘‘who has served at least ten

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

18 at least ten years of service,’’.

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

20 each amended—

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

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

23 fifteen years of service,’’; and
29

HR 1989 IH

1 (ii) by striking out ‘‘served less than fif2 teen years,’’ and inserting in lieu thereof ‘‘less

3 than fifteen years of service,’’.

4 SEC. 408. BANKRUPTCY JUDGES REAPPOINTMENT PROCE5 DURE.

6 (a) Section 120 of the Bankruptcy Amendments and

7 Federal Judgeship Act of 1984, Public Law 98–353, as

8 amended, is amended by adding a new subsection (a)(3)

9 to read as follows:

10 ‘‘(3) When filling vacancies, the court of ap11 peals may consider reappointing incumbent bank12 ruptcy judges under procedures prescribed by regu13 lations issued by the Judicial Conference of the

14 United States.’’.

15 (b) Section 120 of the Bankruptcy Amendments and

16 Federal Judgeship Act of 1984, Public Law 98–353, 98

17 Stat. 343, as amended, is amended by adding at the end

18 of subsection (b) of section 120 the following sentence:

19 ‘‘All incumbent nominees seeking reappointment there20 after may be considered for such a reappointment, pursu21 ant to a majority vote of the judges of the appointing court

22 of appeals, under procedures authorized by subsection

23 (a)(3).’’.
30

HR 1989 IH

1 SEC. 409. CARRYING OF FIREARMS.

2 (a) Chapter 21 of title 28, United States Code, is

3 amended by adding at the end thereof a new section 464,

4 as follows:

5 ‘‘§ 464. Carrying of firearms by judicial officers

6 ‘‘(a) A judicial officer of the United States is author7 ized to carry firearms, whether concealed or not, under

8 regulations promulgated by the Judicial Conference of the

9 United States.

10 ‘‘(b) A judicial officer of the United States who pos11 sesses or uses a firearm carried under the authority of

12 this section and the regulations promulgated thereunder

13 is immune from any civil suit arising out of such posses14 sion or usage to the maximum extent provided by the com15 mon law.

16 ‘‘(c) For purposes this section, the term ‘judicial offi17 cer of the United States’ means a justice or judge of the

18 United States as defined in section 451 of this title; a

19 United States bankruptcy judge; a full-time or part-time

20 United States magistrate; a judge of the United States

21 Court of Federal Claims; a judge of the United States Dis22 trict Court of Guam; a judge of the United States District

23 Court for the Northern Mariana Islands; a judge of the

24 United States District Court of the Virgin Islands; and

25 an individual who is receiving a retirement annuity based

26 on service in any of the foregoing judicial positions.’’.
31

HR 1989 IH

1 (b) The table of contents for chapter 21 of title 28,

2 United States Code, is amended by inserting at the end

3 thereof the following:

‘‘464. Carrying of firearms by judicial officers.’’.

4 SEC. 410. COMMENCEMENT DATE OF TEMPORARY JUDGE5 SHIPS.

6 The last paragraph of section 203(c), Public Law

7 101–650, is amended to read as follows: ‘‘The first va8 cancy in the office of district judge in each of the judicial

9 districts named in this subsection, occurring five years or

10 more after the confirmation date of the judge named to

11 fill a temporary judgeship created by this Act, shall not

12 be filled.’’

13 SEC. 411. FULL-TIME STATUS OF COURT REPORTERS.

14 Sections 753(e) of title 28, United States Code, is

15 amended by inserting after the first sentence the follow16 ing: ‘‘For the purposes of subchapter III of chapter 83

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

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

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

20 rate fixed for a full-time reporter pursuant to the preced21 ing sentence.’’.

22 SEC. 412. EXEMPTION FROM JURY SERVICE.

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

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

25 amended to read as follows:
32

HR 1989 IH

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

2 of the United States serving on active duty are

3 barred from service on the ground that they are ex4 empt.’’.

5 (b) CONFORMING AMENDMENT.—Section 1869 of

6 title 28, United States Code, is amended by repealing sub7 section (i) and redesignating subsequent subsections ac8 cordingly.

9 SEC. 413. EXPANDED WORKERS’ COMPENSATION COV10 ERAGE FOR JURORS.

11 WORKERS’ COMPENSATION COVERAGE.—Paragraph

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

13 amended—

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

15 and

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

17 the courthouse pursuant to a jury summons or se18 questration order, or as otherwise necessitated by

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

20 clause (D).

21 SEC. 414. PROPERTY DAMAGE, THEFT, AND LOSS CLAIMS

22 OF JURORS.

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

24 amended by adding at the end thereof the following new

25 subsection:
33

HR 1989 IH

1 ‘‘(i) The Director may pay a claim by a person sum2 moned to serve or serving as a grand juror or petit juror

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

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

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

6 court. With respect to claims, the Director shall have the

7 authority granted to the head of an agency by section

8 3721 of title 31 for the consideration of employees’ per9 sonal property claims. The Director shall prescribe guide10 lines for the consideration of claims under this sub11 section.’’.

12 SEC. 415. COURT INTERPRETERS ACT.

13 Section 1827 of title 28, United States Code, is

14 amended by adding at the end thereof the following sub15 section:

16 ‘‘(I) Notwithstanding any other provi17 sion of this section or section 1828 of title

18 28, United States Code, to the contrary,

19 the presiding judicial officer may, but is

20 not required to, appoint a certified or oth21 erwise qualified sign language interpreter

22 to provide services to a party, witness or

23 other participant in a judicial proceeding,

24 whether or not the proceeding is instituted

25 by the United States, if the presiding judi-
34

HR 1989 IH

1 cial officer determines, on such officer’s

2 own motion or on the motion of a party or

3 other participant in the proceeding that

4 such individual suffers from a hearing im5 pairment. The presiding judicial officer

6 shall, subject to the availability of appro7 priated funds, approve the compensation

8 and expenses payable to sign language in9 terpreters appointed under this section in

10 accordance with the schedule of fees pre11 scribed by the Director under subsection

12 (b)(3) of this section.’’.

13 SEC. 416. ARTICLE III STATUS FOR THE JUDGESHIP AU14 THORIZED FOR THE COMMONWEALTH OF

15 THE NORTHERN MARIANA ISLANDS.

16 (a) Section 41 of title 28, United States Code, is

17 amended by adding the words ‘‘Northern Mariana Is18 lands’’ at the end of the listing of the Ninth Circuit.

19 (b) A new section 114A of title 28, United States

20 Code, is enacted to read as follows:

21 ‘‘§ 114A. Northern Mariana Islands

22 ‘‘The Northern Mariana Islands constitute one judi23 cial district. Court shall be held at Saipan.’’.

24 (c) Section 133 of title 28, United States Code, is

25 amended by inserting the words ‘‘Northern Mariana Is-
35

HR 1989 IH

1 lands————1’’ between the listing of North Dakota and

2 Ohio.

3 (d) Paragraph (2) of subsection (a) of section 152

4 of title 28, United States Code, is amended by inserting

5 the words ‘‘Northern Mariana Island————O’’ between

6 the listings of North Dakota and Ohio.

7 (e) The first sentence of paragraph (4) of subsection

8 (a) of section 152 of title 28, United States Code, is

9 amended by inserting the words ‘‘and the Commonwealth

10 of the Northern Mariana Islands’’ after the word ‘‘terri11 tories’’.

12 (f) A new section 298 of title 28, United States Code,

13 is enacted to read as follows:

14 ‘‘§ 298. Assignment to the United States District

15 Court for the Northern Mariana Islands

16 ‘‘In addition to the judges authorized to be des17 ignated by sections 291 and 292 of title 28, United States

18 Code, the Chief Judge of the United States Court of Ap19 peals for the Ninth Circuit may assign judges of courts

20 of record of the Northern Mariana Islands or Guam, in21 cluding a judge of the District Court of Guam who is ap22 pointed by the President or a recalled senior judge of the

23 District Court of Guam, to serve temporarily as a judge

24 in the United States District Court for the Northern Mari25 ana Islands whenever such an assignment is necessary for
36

HR 1989 IH

1 the proper dispatch of the business of the court. Such des2 ignated judges shall have the powers of a magistrate judge

3 under section 636 of title 28, United States Code.’’.

4 (g) The third sentence of section 333 of title 28,

5 United States Code, is amended by striking out the words

6 ‘‘and the District Court of the Northern Mariana Islands’’

7 and inserting the word ‘‘and’’ immediately before the

8 words ‘‘the District Court of the Virgin Islands’’.

9 (h) Subsections (a) and (e) of section 373 of title 28,

10 United States Code, is amended by striking out the words

11 ‘‘the District Court of the Northern Mariana Islands,’’.

12 (i) Subparagraph (B) of paragraphs (1) and (2) of

13 subsection (a) of section 376 of title 28, United States

14 Code, is amended by striking out the words ‘‘the District

15 Court of the Northern Mariana Islands,’’.

16 (j) The amendments made by the foregoing sub17 sections —— to —— of this Act shall not affect the rights

18 of any judge who may have retired before the effective

19 date of this Act. Service as a judge of the District Court

20 of the Northern Mariana Islands shall be included in com21 puting under sections 371, 372, 373, and 376 of title 28,

22 United States Code, the aggregate years of judicial service

23 of any person who is in office as a district judge for the

24 District of the Northern Mariana Islands on the date of

25 enactment of this Act. The term of office of any such
37

HR 1989 IH

1 judge shall terminate upon a vacancy in the office by expi2 ration of the term or otherwise. Upon such termination,

3 the President shall appoint, by and with the consent of

4 the Senate, a judge for the district who shall hold office

5 during good behavior.

6 (k) Subsection (a) of section 541 of title 28, United

7 States Code, is amended by striking out the word ‘‘dis8 trict.’’ and substituting therefore the words ‘‘district, ex9 cept that any United States attorney appointed for the

10 Northern Mariana Islands may at the same time serve as

11 United States attorney in another judicial district.’’. Sec12 tion 541 of title 28, United States Code, is further

13 amended by redesignating current subsection (c) to be

14 subsection (d) and inserting new subsection (c) to read

15 as follows:

16 ‘‘(c) If the President appoints a United States attor17 ney for the Northern Mariana Islands who at that time

18 is serving in the same capacity in another district, the ap19 pointment shall, without prejudice to a subsequent ap20 pointment, be for the unexpired term of such United

21 States attorney.’’.

22 (l) Subsection (d) of section 561 of title 28, United

23 States Code, is amended by inserting at the end thereof

24 the words ‘‘If the President appoints a marshal for the

25 Northern Mariana Islands who at that time is serving in
38

HR 1989 IH

1 the same capacity in another district, the appointment

2 shall, without prejudice to a subsequent appointment, be

3 for the unexpired term of such marshal.’’.

4 (m) Paragraph (1) of subsection (b) of section 631

5 of title 28, United States Code, is amended by inserting

6 the words ‘‘the Commonwealth of the Northern Mariana

7 Islands,’’ after the words ‘‘Puerto Rico’’.

8 (n) Subparagraph (A) of paragraph (4) of subsection

9 (d) of section 1292 of title 28, United States Code, is

10 amended by striking out the words ‘‘or the District Court

11 of the Northern Mariana Islands,’’ and inserting the word

12 ‘‘or’’ immediately after the word ‘‘Guam,’’.

13 (o) Paragraphs (1) and (2) of subsection (a) of sec14 tion 1295 of title 28, United States Code, is amended by

15 striking out the words ‘‘or the District Court of the North16 ern Mariana Islands,’’ and inserting the work ‘‘or’’ imme17 diately after the word ‘‘Guam,’’.

18 (p) Subsection (d) of section 1332 of title 28, United

19 States Code, is amended by adding at the end the words

20 ‘‘, and the Commonwealth of the Northern Mariana Is21 lands’’ and striking the word ‘‘and’’ after the words ‘‘Dis22 trict of Columbia,’’.

23 (q) Subsection (e) of section 2901 of title 28, United

24 States Code, is amended by adding ‘‘or the Commonwealth

25 of the Northern Mariana Islands,’’ immediately after the
39

HR 1989 IH

1 words ‘‘Puerto Rico,’’ and striking the word ‘‘or’’ after

2 ‘‘Canal Zone.’’

3 (r) Subsection (a) of section 1694c of title 48, United

4 States Code, is amended by striking out the words ‘‘, un5 less those cases are reviewable in the District Court for

6 the Northern Mariana Islands pursuant to section 1694b

7 of this title’’.

8 (s) Subsection (a) of section 1694c of title 48, United

9 States Code, is renumbered as new section 1694 of title

10 48, United States Code and the heading is amended by

11 striking the words ‘‘; applicability of statutory provisions’’.

12 (t) The following sections and subsections of title 48,

13 United States Code, are repealed: 1694, 1694a, 1694b,

14 1694c(b), 1694d, and 1694e.

15 SEC. 417. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECU16 TIVES.

17 Section 6304(f) of title 5 is amended to read as fol18 lows:

19 ‘‘(F) The Judicial Branch designated as a

20 court unit executive position by the Judicial

21 Conference of the United States.’’.
40

HR 1989 IH

1 TITLE V—FEDERAL COURTS STUDY

2 COMMITTEE RECOMMENDATIONS

3 SEC. 501. PARTIES’ CONSENT TO BANKRUPTCY JUDGE’S

4 FINDINGS AND CONCLUSIONS OF LAW.

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

6 amended to read as follows:

7 ‘‘(c)(1) A bankruptcy judge may hear a proceeding

8 that is not a core proceeding but that is otherwise related

9 to a case under title 11. In such proceeding, the bank10 ruptcy judge shall submit proposed findings of fact and

11 conclusions of law to the district court, and any final order

12 or judgment shall be entered by the district judge after

13 considering the bankruptcy judge’s proposed findings and

14 conclusions and after reviewing de novo those matters to

15 which any party has timely and specifically objected. A

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

17 and conclusions of law submitted by a bankruptcy judge

18 unless the party files a timely objection. If a timely objec19 tion is not filed, the proposed findings of fact and conclu20 sions of law submitted by the bankruptcy judge shall be21 come final and the bankruptcy judge shall enter an appro22 priate order thereon.’’.
41

HR 1989 IH

1 SEC. 502. ENFORCEMENT OF NATIONAL LABOR RELATIONS

2 BOARD ORDERS.

3 Section 10 of the National Labor Relations Act (29

4 U.S.C. 160) is amended—

5 (a) in subsection (e)—

6 (1) by striking out the first sentence;

7 (2) in the second sentence, by striking out

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

9 ‘‘thereupon’’ and inserting in lieu thereof

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

11 subsection (e), the court’’; and

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

13 ‘‘by the appropriate United States court of ap14 peals if application was made to the district

15 court as hereinabove provided, and’’;

16 (b) in subsection (f)—

17 (1) in the first sentence by inserting ‘‘,

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

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

20 (2) by striking out the last sentence;

21 (c) by redesignating subsections (e) and (f) as

22 subsections (f) and (e), respectively, and by revers23 ing the order of such subsections;

24 (d) in subsection (g), by striking out ‘‘or (f)’’;

25 and
42

HR 1989 IH

1 (e) by adding at the end thereof the following

2 new subsection:

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

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

5 practice, the Board may petition any United States dis6 trict court in which the unfair labor practice occurred, or

7 in which such person resides or transacts business for im8 position of a monetary penalty not to exceed $5,000 for

9 each day on which such person violates the order. The

10 United States district courts shall have jurisdiction to im11 pose such a penalty.’’.

12 SEC. 503. QUALIFICATION OF CHIEF JUDGE OF COURT OF

13 INTERNATIONAL TRADE.

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

15 amended by adding at the end the following:

16 ‘‘§ 258. Chief judge; precedence of judges

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

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

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

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

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

22 judge of the court; and

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

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

25 meets the qualifications of paragraph (1), the youngest
43

HR 1989 IH

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

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

3 year or more shall act as the chief judge.

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

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

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

7 the judge of the court in regular active service who is sen8 ior in commission and who has not served previously as

9 chief judge shall act as the chief judge.

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

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

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

13 such term until another judge is eligible under paragraph

14 (1) to serve as chief judge.

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

16 judge of the court acting as chief judge under subpara17 graph (A) or (B) of paragraph (2) shall serve until a judge

18 meets the qualifications under paragraph (1).

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

20 judge of the court after attaining the age of 70 years un21 less no other judge is qualified to serve as chief judge

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

23 under paragraph (2).

24 ‘‘(b) The chief judge shall have precedence and pre25 side at any session of the court which he or she attends.
44

HR 1989 IH

1 Other judges of the court shall have precedence and pre2 side according to the seniority of their commissions.

3 Judges whose commissions bear the same date shall have

4 precedence according to seniority in age.

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

6 or her duties as chief judge while retaining active status

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

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

9 the chief judge of the court shall be such other judge of

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

11 under subsection (a).

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

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

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

15 act, who is next in precedence.’’.

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

17 amended as follows:

18 (1) Section 251 is amended by striking sub19 section (b) and redesignating subsection (c) as sub20 section (b).

21 (2) Section 253 is amended—

22 (A) by amending the section caption to

23 read as follows:

24 ‘‘§ 253. Duties of chief judge’’;

25 and
45

HR 1989 IH

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

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

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

4 amended—

5 (A) by amending the item relating to sec6 tion 253 to read as follows:

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

8 ‘‘§ 258. Chief judges; precedence of judges’’.

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

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

11 United States Court of International Trade who is in of12 fice on the day before the date of enactment of this Act

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

14 until any one of the following events occurs:

15 (1) The chief judge is relieved of his duties pur16 suant to section 258(c) of title 28, United States

17 Code.

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

19 is terminated.

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

21 years.

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

23 seven years as chief judge.

24 When the chief judge vacates the position of chief judge

25 pursuant to the preceding sentence, the position of chief
46

HR 1989 IH

1 judge of the Court of International Trade shall be filled

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

3 States Code.

4 TITLE VI—CRIMINAL JUSTICE ACT

5 AMENDMENTS

6 SEC. 601. ESTABLISHMENT OF FEDERAL DEFENDER ORGA7 NIZATIONS.

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

9 title 18, United States Code, is amended—

10 (a) by striking out ‘‘A’’ at the beginning of the

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

12 (b) by striking out ‘‘a’’ before ‘‘part of a dis13 trict’’ in the first sentence;

14 (c) by striking out ‘‘in which at least two hun15 dred persons annually require the appointment of

16 counsel’’ in the first sentence;

17 (d) by inserting after the first sentence, ‘‘A de18 fender organization shall be established for any dis19 trict or part of a district or combination of dis20 tricts—

21 ‘‘(A) in which more than two hundred per22 sons annually require the appointment of coun23 sel; or

24 ‘‘(B) where the Judicial Conference deter25 mines that—
47

HR 1989 IH

1 ‘‘(i) such an organization would be

2 cost effective; or

3 ‘‘(ii) the interests of effective rep4 resentation otherwise require establishment

5 of such an organization.’’; and

6 (e) by striking out ‘‘aggregate the number of

7 persons required to be represented to establish eligi8 bility for’’ in the second sentence, and inserting in

9 lieu thereof ‘‘establish’’.

10 SEC. 602. PANEL ATTORNEY SUPPORT OFFICE.

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

12 States Code, is amended by adding a new paragraph (4):

13 ‘‘(4)(A) In any district which has not estab14 lished a Federal defender organization pursuant to

15 subsection (g) of this section, the plan for the dis16 trict may provide for the establishment of a panel

17 attorney support office to assist the court in manag18 ing the panel of attorneys who provide representa19 tion pursuant to the plan for the district. The panel

20 attorney support office shall provide advice to coun21 sel appointed pursuant to this section, maintain a

22 list of members of the panel, review vouchers for

23 compensation pursuant to this section prior to sub24 mission to judicial officers for approval, coordinate

25 training of members of the panel, and perform any
48

HR 1989 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 (a) 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 (b) by striking out the third and fourth sen23 tences of paragraph (1); and

24 (c) by striking out all that appears in para25 graph (2) and inserting in lieu thereof ‘‘The Judicial
49

HR 1989 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 organizer shall not exceed the amount established by

8 the Judicial Conference for the type of proceeding in

9 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 (a) 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 (b) 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
50

HR 1989 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 the following new subsection (o):

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

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

11 arising from malpractice or negligence of an officer or em12 ployee of a Federal Public Defender Organization in fur13 nishing representational services under section 3006A of

14 title 18, United States Code.’’.

15 TITLE VII—PLACES OF HOLDING COURT

16 SEC. 701. PLACE OF HOLDING COURT IN THE SOUTHERN

17 DISTRICT OF NEW YORK.

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

19 States Code, is amended to read: ‘‘Court for the Southern

20 District shall be held at New York, White Plains, and in

21 the Middletown-Wallkill area of Orange County, or such

22 nearby location as may be deemed appropriate.’’.
51

HR 1989 IH

1 SEC. 702. PLACE OF HOLDING COURT IN THE EASTERN DIS2 TRICT OF TEXAS.

3 (a) The second sentence of section 124(c)(3) of title

4 28, United States Code, is amended by inserting ‘‘and

5 Plano’’ after ‘‘held at Sherman’’.

6 (b) Sections 83(b)(1) and 124(c)(6) of title 28,

7 United States Code, are amended by adding to the end

8 of the last sentence: ‘‘, and may be held anywhere within

9 the Federal courthouse in Texarkana that is located

10 astride the State line between Texas and Arkansas’’.

11 TITLE VIII—MISCELLANEOUS

12 SEC. 801. TECHNICAL AMENDMENT TO 28 U.S.C. 331 (RELAT13 ING TO THE JUDICIAL CONFERENCE).

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

15 amended in the second paragraph by striking the phrase

16 ‘‘at the annual judicial conference of the circuit held pur17 suant to section 333 of this title’’.

18 SEC. 802. TECHNICAL AMENDMENT TO 28 U.S.C. 601 (RELAT19 ING TO THE DIRECTOR AND DEPUTY DIREC20 TOR OF THE ADMINISTRATIVE OFFICE).

21 Seciton 601 of title 28, United States Code, is

22 amended by adding at the end thereof the following: ‘‘The

23 Director and Deputy Director shall be deemed to be ‘offi24 cers’ for the purposes of title 5, United States Code.’’.
52

HR 1989 IH

1 SEC. 803. TECHNICAL AMENDMENT TO 28 U.S.C. 1446 (RE2 LATING TO REMOVAL).

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

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

5 thereof ‘‘defendant or defendants’’.

6 SEC. 804. TECHNICAL AMENDMENT TO 28 U.S.C. 627(b) (FED7 ERAL JUDICIAL CENTER RETIREMENT PRO8 VISIONS).

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

10 amended—

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

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

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

14 retirement)’’ in the first sentence ‘‘chapter 84 (relat15 ing to the Federal Employees’ Retirement System,’’.

Æ

HR 1989 IH——2

HR 1989 IH——3

HR 1989 IH——4