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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Federal Courts Improvement Act of 1994’’.
(b) TABLE OF CONTENTS.—The following is the table
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.
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 ex-
penses.
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 Secu-
rity 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’ An-
nuities 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.
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 provi-
sions.
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.
TITLE 
I—FEDERAL 
COURTS
STUDY 
COMMITTEE 
REC-
OMMENDATIONS
SEC. 101. DIVERSITY JURISDICTION.
(a) Section 1332 of title 28, United States Code, is
amended—
(1) in subsection (a), by striking out ‘‘$50,000’’
and inserting in lieu thereof ‘‘$75,000’’;
(2) in subsection (b), by striking out ‘‘$50,000’’
and inserting in lieu thereof ‘‘$75,000’’;
(3) by redesignating subsection (d) as sub-
section (e); and
(4) by inserting after subsection (c) the follow-
ing new subsection (d):
‘‘(d)(1) Effective on January 1 of each year that im-
mediately follows a year evenly divisible by 5, the amounts
specified in subsection (a) of this section shall be increased
by the percent change published in the Federal Register
during the preceding year pursuant to paragraph (2) of
this subsection. The amount shall be rounded up or down
to the nearest five thousand dollars.
‘‘(2) Before the end of each year that is evenly divis-
ible by 5, the Director of the Administrative Office of the
United States Courts shall compute the percent change
in the price index for September 1 of such year over the
price index for September 1 of the fifth year preceding
such year and shall publish such percent change in the
Federal Register.
‘‘(3) As used in this subsection, the term ‘price index’
means the Consumer Price Index (all items—United
States city average) published monthly by the Bureau of
Labor Statistics.’’.
(b) The first increase under subsection (d) of section
1332 of title 28, United States Code (as added by sub-
section (a)(4)), shall be made effective on January 1,
2000.
(c) This section shall take effect 90 days after the
date of enactment of this Act.
SEC. 102. PRISONER CIVIL RIGHTS SUITS.
Section 7 of the Civil Rights of Institutionalized Per-
sons Act (42 U.S.C. 1997e) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking out
‘‘ninety days’’ and inserting in lieu thereof
‘‘120 days’’; and
(B) in paragraph (2), by inserting before
the period at the end the following: ‘‘or are oth-
erwise fair and effective’’; and
(2) in subsection (c)—
(A) in paragraph (1), by inserting before
the period at the end the following: ‘‘or are oth-
erwise fair and effective’’; and
(B) in paragraph (2), by inserting before
the period at the end the following: ‘‘or is no
longer fair and effective’’.
SEC. 103. PARTIES’ CONSENT TO BANKRUPTCY JUDGE’S
FINDINGS AND CONCLUSIONS OF LAW.
Section 157(c)(1) of title 28, United States Code, is
amended to read as follows:
‘‘(c)(1)(A) A bankruptcy judge may hear a proceed-
ing that is not a core proceeding but that is otherwise re-
lated to a case under title 11. In such proceeding, the
bankruptcy judge shall make proposed findings of fact and
conclusions of law.
‘‘(B) If a party files a timely objection, the bank-
ruptcy judge shall submit the proposed findings of fact
and conclusions of law to the district court, and any final
order or judgment shall be entered by the district judge
after considering the bankruptcy judge’s proposed findings
and conclusions and after reviewing de novo those matters
to which any party has timely and specifically objected.
‘‘(C) if a party does not file a timely objection, that
party shall be deemed to consent to the findings of fact
and conclusions of law proposed by the bankruptcy judge.
The proposed findings of fact and conclusions of law shall
become final, and the bankruptcy judge shall enter an ap-
propriate order thereon.’’.
SEC. 104. ENFORCEMENT OF NATIONAL LABOR RELATIONS
BOARD ORDERS.
Section 10 of the National Labor Relations Act (29
U.S.C. 160) is amended—
(1) in subsection (e)—
(A) by striking out the first sentence;
(B) in the second sentence, by striking out
‘‘Upon the filing’’ and all that follows through
‘‘thereupon’’ and inserting in lieu thereof
‘‘Upon the filing of a petition for review under
subsection (e), the court’’; and
(C) in the last sentence, by striking out
‘‘by the appropriate United States court of ap-
peals if application was made to the district
court as hereinabove provided, and’’;
(2) in subsection (f)—
(A) in the first sentence by inserting ‘‘,
within 30 days after the date of the order,’’
after ‘‘by filing in such court’’; and
(B) by striking out the last sentence;
(3) by redesignating subsections (e) and (f) as
subsections (f) and (e), respectively, and by revers-
ing the order of such subsections;
(4) in subsection (g), by striking out ‘‘or (f)’’;
and
(5) by adding at the end thereof the following
new subsection:
‘‘(n) If any person violates a final order issued by
the Board under this Act with respect to an unfair labor
practice, the Board may petition any United States dis-
trict court in which the unfair labor practice occurred, or
in which such person resides or transacts business, for im-
position of a monetary penalty not to exceed $5,000 for
each day on which such person violates the order. The
United States district courts shall have jurisdiction to im-
pose such a penalty.’’.
SEC. 105. QUALIFICATION OF CHIEF JUDGE OF COURT OF
INTERNATIONAL TRADE.
(a) Chapter 11 of title 28, United States Code, is
amended by adding at the end the following:
‘‘§ 258. Chief judges; precedence of judges
‘‘(a)(1) The chief judge of the Court of International
Trade shall be the judge of the court in regular active
service who is senior in commission of those judges who—
‘‘(A) are 64 years of age or under;
‘‘(B) have served for one year or more as a
judge of the –––court; and
‘‘(C) have not served previously as chief judge.
‘‘(2)(A) In any case in which no judge of the court
meets the qualifications of paragraph (1), the youngest
judge in regular active service who is 65 years of age or
over and who has served as a judge of the court for one
year or more shall act as the chief judge.
‘‘(B) In any case under subparagraph (A) in which
there is no judge of the court in regular active service who
has served as a judge of the court for one year or more,
the judge of the court in regular active service who is sen-
ior in commission and who has not served previously as
chief judge shall act as the chief judge.
‘‘(3)(A) Except as provided in subparagraph (C), the
chief judge serving under paragraph (1) shall serve for
a term of seven years and shall serve after expiration of
such term until another judge is eligible under paragraph
(1) to serve as chief judge.
‘‘(B) Except as provided in subparagraph (C), a
judge of the court acting as chief judge under subpara-
graph (A) or (B) of paragraph (2) shall serve until a judge
meets the qualifications under paragraph (1).
‘‘(C) No judge of the court may serve or act as chief
judge of the court after attaining the age of 70 years un-
less no other judge is qualified to serve as chief judge
under paragraph (1) or is qualified to act as chief judge
under paragraph (2).
‘‘(b) The chief judge shall have precedence and pre-
side at any session of the court which he or she attends.
Other judges of the court shall have precedence and pre-
side according to the seniority of their commissions.
Judges whose commissions bear the same date shall have
precedence according to seniority in age.
‘‘(c) If the chief judge desires to be relieved of his
or her duties as chief judge while retaining active status
as a judge of the court, the chief judge may so certify
to the Chief Justice of the United States, and thereafter
the chief judge of the court shall be such other judge of
the court who is qualified to serve or act as chief judge
under subsection (a).
‘‘(d) If a chief judge is temporarily unable to perform
his or her duties as such, they shall be performed by the
judge of the court in active service, able and qualified to
act, who is next in precedence.’’.
(b) Chapter 11 of title 28, United States Code, is
amended as follows:
(1) Section 251 is amended by striking sub-
section (b) and redesignating subsection (c) as sub-
section (b).
(2) Section 253 is amended—
(A) by amending the section caption to
read as follows:
‘‘§ 253. Duties of chief judge’’;
and
(B) by striking subsections (d) and (e).
(3) The table of sections at the beginning of
chapter 11 of title 28, United States Code, is
amended—
(A) by amending the item relating to sec-
tion 253 to read as follows:
‘‘253. Duties of chief judge.’’;
and
(B) by adding at the end the following:
‘‘258. Chief judges; precedence of judges.’’.
TITLE II—JUDICIAL FINANCIAL
ADMINISTRATION
SEC. 201. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND
CRIMINAL ––FORFEITURE EXPENSES.
(a) Section 524(c) of title 28, United States Code,
is amended—
(1) by redesignating paragraph (12) as para-
graph (13);
(2) by redesignating paragraph (11) as para-
graph (12);
(3) by redesignating paragraph (10) as para-
graph (11);
(4) by redesignating paragraph (9) as para-
graph (10); and
(5) by inserting after paragraph (8) the follow-
ing new paragraph:
‘‘(9)(A) In fiscal year 1993 and each fiscal year
thereafter, an amount as specified in subparagraph
(B) shall be transferred annually to the Judiciary
into the fund established under section 1931 of this
title, for expenses incurred in—
‘‘(i) adjudication of civil and criminal for-
feiture proceedings that result in deposits into
the Fund (except the expense of salaries of
judges);
‘‘(ii) representation, pursuant to the provi-
sions of section 3006A of title 18, of offenders
whose assets have been seized in such forfeiture
proceedings, to the extent that such expenses of
representation 
could 
have 
been 
recovered
through an order for payment or for reimburse-
ment of the Defender Services appropriation
pursuant to section 3006A(f) of title 18; and
‘‘(iii) supervision by United States proba-
tion officers of offenders under home detention
or other forms of confinement outside of Bu-
reau of Prisons facilities.
‘‘(B) The amount to be transferred—
‘‘(i) shall be a portion of the total amount
to be transferred from the combined fiscal year
deposits into both the Fund and the Depart-
ment of Treasury Asset Forfeiture Fund estab-
lished by section 9703 of title 31 (hereafter re-
ferred to as ‘both Funds’), which total shall not
exceed the statement of costs incurred by the
Judiciary in providing the services identified in
subparagraph (A), as set forth by the Director
of the Administrative Office of the United
States Courts in a report to the Attorney Gen-
eral and the Secretary of the Treasury no later
than 90 days after the end of the fiscal year in
which the expenses were incurred; provided that
the total amount to be transferred from both
Funds shall not exceed $50,000,000, or 10 per-
cent of the total combined deposits into both
Funds, whichever is less; provided further, that
the proportion of the amount transferred from
the Fund to the total amount to be transferred
shall be equal to the proportion of the fiscal
year deposits into the Fund to the combined fis-
cal year deposits into both Funds; provided fur-
ther, that the total amount to be transferred
from both Funds may exceed the limits set out
in this subparagraph subject to the discretion of
the Attorney General and the Secretary of the
Treasury; and
‘‘(ii) shall be paid from revenues deposited
into the Fund during the fiscal year in which
the expenses were incurred and are not required
to be specified in appropriations Acts.’’.
(b) Section 9703 of title 31, United States Code, is
amended—
(1) by redesignating subsection (p) as sub-
section (q); and
(2) by inserting after subsection (o) the follow-
ing new subsection:
‘‘(p) TRANSFER TO THE FEDERAL JUDICIARY.—In
fiscal year 1994 and each year thereafter, an amount nec-
essary to meet the transfer requirements of section
524(c)(9) of title 28 shall be transferred to the Judiciary,
and shall be subject to the same limitations, terms, and
conditions specified in that section for transfers to the Ju-
diciary from the Department of Justice Asset Forfeiture
Fund.’’.
(c) Section 1931(a) of title 28 is amended by insert-
ing ‘‘or other judicial services, including services provided
pursuant to section 3006A of title 18’’ after ‘‘courts of
the United States’’.
SEC. 202. AMENDMENTS TO THE JUDICIARY AUTOMATION
FUND.
Section 612 of title 28, United States Code, is
amended—
(1) in subsection (a)—
(A) by inserting after ’’equipment for’’ the
following: ‘‘program activities included in the
courts of appeals, district courts, and other ju-
dicial services account of’’;
(B) by inserting after ‘‘personal services’’
the following: ‘‘, support personnel in the courts
and in the Administrative Office of the United
States Courts,’’; and
(C) by striking ‘‘in the judicial branch’’ in
the last sentence and inserting in lieu thereof
‘‘purchased by the Fund. In addition, all agen-
cies of the Judiciary may make deposits into
the Fund to meet their automatic data process-
ing needs in accordance with subsections (b)
and (c)(2)’’;
(2) in subsection (b)(1), by striking ‘‘judicial
branch’’ and inserting in lieu thereof ‘‘activities
funded in subsection (a) and shall include an annual
estimate of any fees that may be collected pursuant
to section 404 of Public Law 101–515’’;
(3) in subsection (b)(2), by striking ‘‘judicial
branch of the United States’’ and inserting in lieu
thereof ‘‘activities funded under subsection (a)’’;
(4) in subsection (c)(1)(A), by inserting after
‘‘surplus property’’ the following: ‘‘, all fees here-
after collected by the Judiciary pursuant to section
404 of Public Law 101–515,’’;
(5) in subsection (e), by striking ‘‘$75,000,000’’
and inserting in lieu thereof ‘‘amounts estimated to
be collected under subsection (c) for that fiscal
year’’;
(6) in subsection (i)—
(A) by striking ‘‘and upon notification to
the Committees on Appropriations of the House
of Representatives and the Senate’’;
(B) by striking ‘‘use’’ and inserting in lieu
thereof ‘‘transfer’’;
(C) by striking ‘‘deposited into’’ and in-
serting in lieu thereof ‘‘up to $1,000,000 from’’;
and
(D) by striking ‘‘under subparagraph
(c)(1)(B) for purposes other than those estab-
lished in subsection (a)’’ and inserting in lieu
thereof ‘‘into the account to which the funds
were originally appropriated. Any amounts
above this level may be moved out of the
Fund’’;
(7) in the second sentence of subsection (j) by
inserting after ‘‘not specified’’ the following: ‘‘in
statute’’; and
(8) in subsection (1)—
(A) by striking ‘‘1994’’ and inserting in
lieu thereof ‘‘1999’’; and
(B) by striking ‘‘ ‘Judicial Services Ac-
count’ ’’ and inserting in lieu thereof ‘‘fund es-
tablished under section 1931 of this title’’.
SEC. 203. INCREASE IN CIVIL ACTION FILING FEE.
(a) FILING FEE INCREASE.—Section 1914(a) of title
28, United States Code, is amended by striking ‘‘$120’’
and inserting in lieu thereof ‘‘$150’’.
(b) DISPOSITION OF INCREASE.—Section 1931 of
title 28, United States Code, is amended—
(1) by striking ‘‘$60’’ in subsections (a) and (b)
and insert in lieu thereof in each place ‘‘$90’’; and
(2) by striking ‘‘$120’’ in subsection (b) and in-
serting in lieu thereof ‘‘$150’’.
SEC. 204. INCREASE IN ATTORNEY ADMISSION FEES.
For fiscal year 1994 and thereafter, of each fee col-
lected for admission of an attorney to practice, as pre-
scribed by the Judicial Conference of the United States
pursuant to section 1914 of title 28, United States Code,
$30 of that portion of the fee exceeding $20 shall be de-
posited into the special fund of the Treasury established
under section 1931 of title 28, United States Code. Any
portion exceeding $5 of the fee for a duplicate certificate
of admission or certificate of good standing, as prescribed
by the Judicial Conference of the United States pursuant
to section 1914 of title 28, United States Code, shall be
deposited into the special fund of the Treasury established
under section 1931 of title 28, United States Code.
SEC. 205. TRANSFER OF RETIREMENT FUNDS.
Section 377 of title 28, United States Code, is
amended by adding at the end thereof the following new
subsection:
‘‘(p) Upon an election by a bankruptcy judge or a
magistrate judge under subsection (f) of this section, all
of the accrued employer contributions and accrued interest
on those contributions made on behalf of the bankruptcy
judge or magistrate judge to the Civil Service Retirement
and Disability Fund as defined under section 8348 of title
5 shall be transferred to the fund established under sec-
tion 1931 of this title: Provided, however, That if the bank-
ruptcy judge or magistrate judge elects, under section 2(c)
of the Retirement and Survivors’ Annuities for Bank-
ruptcy Judges and Magistrates Act of 1988 (Public Law
100–659), to receive a retirement annuity under both this
section and title 5, only the accrued employer contribu-
tions and accrued interest on such contributions made on
behalf of the bankruptcy judge or magistrate judge for
service credited under this section may be transferred.’’.
SEC. 206. CONSOLIDATION OF UNCLAIMED REGISTRY
FUNDS.
(a) Section 2042 of title 28, United States Code, is
amended—
(1) by amending the section heading to read as
follows:
‘‘§ 2042. Withdrawal; intra-judicial transfers; transfer
of unclaimed money’’;
(2) by inserting ‘‘(a)’’ before the first para-
graph; and
(3) by striking out the second paragraph and
inserting in lieu thereof the following new sub-
sections:
‘‘(b)(1) In every case in which the right to withdraw
money deposited in court under section 2041 has been ad-
judicated or is not in dispute and such money has re-
mained so deposited for at least ninety (90) days un-
claimed by the person entitled thereto, such court shall
cause such money to be transferred to the Director of the
Administrative Office of the United States Courts. Con-
current with such transfer, the Director shall assume all
fiduciary duties and responsibilities for such money.
‘‘(2) Interest earned by such money while under the
authorized control of the Director as described in para-
graph (1) shall be treated in the same manner as interest
earned on funds deposited in a court’s registry. Any funds
hereafter collected by the Judiciary as a charge for serv-
ices rendered in administering the funds deposited under
paragraph (1) shall be deposited into the separate account
entitled ‘Registry Administration Account’ in the Treasury
of the United States (as established by title IV of Public
Law 100–459 (102 Stat. 2211). Such funds shall remain
available to the Judiciary until expended, without further
appropriation, to reimburse any appropriation for the
amount paid out for expenses of the Courts of Appeals,
District Courts, and Other Judicial Services and the Ad-
ministrative Office of the United States Courts.
‘‘(c) After such money as described in subsection
(b)(1) has remained deposited under the authority and
control of the Director for at least five years unclaimed
by any person entitled thereto, the Director shall cause
such money and accrued interest to be deposited in the
Treasury in the name and to the credit of the United
States. Any claimant entitled to any such money may, on
petition to the court and upon notice to the United States
attorney and full proof of the right thereto, obtain an
order directing payment to such claimant.
‘‘(d) The Director shall develop rules and procedures
regarding the deposit, transfer and withdrawal of such
moneys described in this section in accordance with the
authority granted to the Director by section 604(f) of this
title.’’.
(b) The table of sections for chapter 129 of title 28,
United States Code, is amended by amending the item re-
lated to section 2042 to read as follows:
‘‘2042. Withdrawals; intra-judicial transfers; transfer of ––unclaimed money.’’.
SEC. 207. INTERPRETER PERFORMANCE EXAMINATION
FEES.
(a) Section 1827(g) of title 28, United States Code,
is amended by redesignating paragraph (5) as paragraph
(6) and insert the following after paragraph (4):
‘‘(5) If the Director of the Administrative Office of
the United States Courts finds it necessary to develop and
administer criterion-referenced performance examinations
for purposes of certification, or other examinations for the
selection of otherwise qualified interpreters, the Director
may prescribe for each examination a uniform fee for ap-
plicants to take such examination. In determining the rate
of the fee for each examination, the Director shall consider
the fees charged by other organizations for examinations
that are similar in scope or nature. Notwithstanding sec-
tion 3302(b) of title 31, the Director is authorized to pro-
vide in any contract or agreement for the development or
administration of examinations and the collection of fees
that the contractor may retain all or a portion of the fees
in payment for the services. Notwithstanding paragraph
(6) of this subsection all fees hereafter collected and not
retained by a contractor shall be deposited in the fund
established under section 1931 of this title and shall re-
main available until expended.’’.
(b) The Director of the Administrative Office of the
United States is hereby granted retroactive authority to
include in any contract for the development or administra-
tion of examinations for interpreters a provision which
permits the contractor to collect and retain fees in pay-
ment for contractual services, notwithstanding sections
3302(b), 1341, and 1517 of title 31, United States Code.
TITLE III—JUDICIAL PROCESS
IMPROVEMENTS
SEC. 301. COURT ARBITRATION AUTHORIZATION.
(a) DISTRICT COURTS THAT MAY AUTHORIZE ARBI-
TRATION.—Paragraph (2) of section 658 of title 28,
United States Code, is amended to read as follows:
‘‘(2) All other judicial districts that elect to uti-
lize arbitration programs.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
905 of the Judicial Improvements and Access to Justice
Act (28 U.S.C. 651 note) is amended—
(1) in the first sentence by striking ‘‘for the fis-
cal year’’ and all that follows through ‘‘7 fiscal
years,’’; and
(2) in the third sentence by striking ‘‘, except
that’’ and all that follows through ‘‘this Act’’.
(c) REMOVAL OF REPEALER.—Section 906 of the Ju-
dicial Improvements and Access to Justice Act (28 U.S.C.
651 note), and the item relating to such section in the
table of contents contained in section 3 of such Act, are
repealed.
SEC. 302. DUTIES OF MAGISTRATE JUDGE ON EMERGENCY
ASSIGNMENT.
The first sentence of section 636(f) of title 28, United
States Code, is amended by striking ‘‘(a) or (b)’’ and in-
serting in lieu thereof ‘‘(a), (b), or (c)’’.
SEC. 303. CONSENT TO TRIAL IN CERTAIN CRIMINAL
ACTIONS.
(a) AMENDMENTS
TO
TITLE
18.—(1) Section
3401(b) of title 18, United States Code, is amended—
(A) by inserting ‘‘, other than a petty offense,’’
in the first sentence after ‘‘misdemeanor’’; and
(B) by striking out the third sentence and in-
serting in lieu thereof the following: ‘‘The magistrate
judge may not proceed to try the case unless the de-
fendant, after such explanation, expressly consents
to be tried before the magistrate judge and expressly
and specifically waives trial, judgment, and sentenc-
ing by a judge of the district court. Any such con-
sent and waiver shall be made in writing or orally
on the record.’’.
(2) Section 3401(g) of title 18, United States Code,
is amended by striking the first sentence and inserting in
lieu thereof the following: ‘‘The magistrate judge may, in
a petty offense case involving a juvenile, exercise all pow-
ers granted to the district court under chapter 403 of this
title.’’.
(b) AMENDMENTS TO TITLE 28.—Section 636(a) of
title 28, United States Code, is amended—
(1) by striking out ‘‘, and’’ at the end of para-
graph (3) and inserting in lieu thereof a semicolon;
(2) by redesignating paragraph (4) as para-
graph (5) and by striking out ‘‘or infraction’’ in
such paragraph and inserting in lieu thereof ‘‘, other
than a petty offense,’’; and
(3) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) the power to enter a sentence for a petty
offense;’’.
SEC. 304. REMOVAL OF CASES UNDER THE EMPLOYEE RE-
TIREMENT INCOME –– SECURITY ACT.
Section 1445 of title 28, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d) A civil action in any State court may not be re-
moved to any district court of the United States solely
on the basis of concurrent jurisdiction over a claim under
section 502(a)(1)(B) of the Employment Retirement In-
come Security Act of 1974.’’.
SEC. 305. ELIMINATION OF IN-STATE PLAINTIFF IN DIVER-
SITY –– JURISDICTION CASES.
Section 1332 of title 28, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) The original jurisdiction of the district courts
otherwise conferred by this section may not be invoked if
any plaintiff joined in the complaint is a citizen of the
State in which is located the district court in which the
suit is filed. For purposes of this subsection only, the Dis-
trict of Wyoming shall be deemed located solely within the
State of Wyoming. This subsection does not apply to or
limit the applicability of the right of removal under section
1441(a) of an action that would otherwise be within the
original jurisdiction of the district courts.’’.
TITLE IV—JUDICIARY PERSON-
NEL ADMINISTRATION, BENE-
FITS, AND PROTECTIONS
SEC. 401. JUDICIAL RETIREMENT MATTERS.
(a) AGE
AND SERVICE REQUIREMENTS.—Section
371 of title 28, United States Code, is amended—
(1) in subsection (a) by inserting ‘‘(1)’’ after
‘‘subsection (c)’’;
(2) in subsection (b)(1) by inserting ‘‘(2)’’ after
‘‘subsection (c)’’; and
(3) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(B) by striking out ‘‘this section’’ and in-
serting in lieu thereof ‘‘subsection (a)’’; and
(C) by adding at the end of that subsection
the following new paragraph:
‘‘(2) The age and service requirements for retirement
under subsection (b)(1) are as follows:
‘‘Attained age:
Years of Service:
60 ...................................................
61 ...................................................
62 ...................................................
63 ...................................................
64 ...................................................
65 ...................................................
66 ...................................................
67 ...................................................
68 ...................................................
69 ...................................................
70 ...................................................
10’’.
SEC. 402. SENIOR JUDGE CERTIFICATION.
(a) RETROACTIVE CREDIT FOR RESUMPTION OF SIG-
NIFICANT WORKLOAD.—Section 371(f)(3) of title 28,
United States Code, is amended by striking out ‘‘is there-
after ineligible to receive such a certification’’ and insert-
ing in lieu thereof ‘‘may thereafter receive a certification
for that year by satisfying the requirements of subpara-
graph (A), (B), (C), or (D) of paragraph (1) of this sub-
section in a subsequent year and attributing a sufficient
part of the work performed in such subsequent year to
the earlier year so that the work so attributed, when added
to the work performed during such earlier year, satisfies
the requirements for certification for that year. However,
a justice or judge may not receive credit for the same work
for purposes of certification for more than one year.’’.
(b) AGGREGATION OF CERTAIN WORK FOR PARTIAL
YEARS.—Section 371(f)(1) of title 28, United States
Code, is amended by adding at the end of subparagraph
(D) the following: ‘‘In any year in which a justice or judge
performs work described in this subparagraph for less
than the full year, one-half of such work may be aggre-
gated with work described in subparagraph (A), (B), or
(C) of this paragraph for the purpose of the justice or
judge satisfying the requirements of such subparagraph.’’.
SEC. 403. CONTRIBUTION RATE FOR SENIOR JUDGES
UNDER THE JUDICIAL SURVIVORS’ ANNU-
ITIES SYSTEM.
Section 376(b)(1) of title 28, United States Code, is
amended to read as follows:
‘‘(b)(1) Every judicial official who files a written noti-
fication of his or her intention to come within the purview
of this section, in accordance with paragraph (1) of sub-
section (a) of this section, shall be deemed thereby to con-
sent and agree to having deducted and withheld from his
or her salary a sum equal to 2.2 percent of that salary,
and a sum equal to 3.5 percent of his or her retirement
salary. The deduction from any retirement salary—
‘‘(A) of a justice or judge of the United States
retired from regular active service under section
371(b) or section 372(a) of this title,
‘‘(B) of a judge of the United States Court of
Federal Claims retired under section 178 of this
title, or
‘‘(C) of a judicial official on recall under section
155(b), 373(c)(4), 375, or 636(h) of this title,
shall be an amount equal to 2.2 percent of retirement
salary.’’.
SEC. 404. REFUND OF CONTRIBUTIONS FOR DECEASED DE-
FERRED ANNUITANTS UNDER THE JUDICIAL
SURVIVORS’ ANNUITIES SYSTEM.
Section 376(o)(1) of title 28, United States Code, is
amended by deleting ‘‘or while receiving ‘retirement sal-
ary’,’’ and inserting in lieu thereof ‘‘while receiving retire-
ment salary, or after filing an election and otherwise com-
plying with the conditions under subsection (b)(2) of this
section,’’.
SEC. 405. DISABILITY RETIREMENT AND COST-OF-LIVING
ADJUSTMENTS OF ANNUITIES FOR TERRI-
TORIAL JUDGES.
Section 373 of title 28, United States Code, is
amended—
(1) by amending subsection (c)(4) to read as
follows:
‘‘(4) Any senior judge performing judicial duties pur-
suant to recall under paragraph (2) of this subsection
shall be paid, while performing such duties, the same com-
pensation (in lieu of the annuity payable under this sec-
tion) and the same allowances for travel and other ex-
penses as a judge on active duty with the court being
served.’’;
(2) by amending subsection (e) to read as fol-
lows:
‘‘(e)(1) Any judge of the District Court of Guam, the
District Court of the Northern Mariana Islands, or the
District Court of the Virgin Islands who is not reappointed
(as judge of such court) shall be entitled, upon attaining
the age of 65 years or upon relinquishing office if the
judge is then beyond the age of 65 years—
‘‘(A) if the judicial service of such judge, con-
tinuous or otherwise, aggregates fifteen years or
more, to receive during the remainder of such
judge’s life an annuity equal to the salary received
when the judge left office, or
‘‘(B) if such judicial service, continuous or oth-
erwise, aggregated less than fifteen years, to receive
during the remainder of such judge’s life an annuity
equal to that proportion of such salary which the ag-
gregate number of such judge’s years of service
bears to fifteen.
‘‘(2) Any judge of the District Court of Guam, the
District Court of the Northern Mariana Islands, or the
District Court of the Virgin Islands who has served at
least five years, continuously or otherwise, and who retires
or is removed upon the sole ground of mental or physical
disability, shall be entitled to receive during the remainder
of such judge’s life an annuity equal to 40 percent of the
salary received when the judge left office or, in the case
of a judge who has served at least ten years, continuously
or otherwise, an annuity equal to that proportion of such
salary which the aggregate number of such judge’s years
of judicial service bears to fifteen.’’; and
(3) by amending subsection (g) to read as fol-
lows:
‘‘(g) Any retired judge who is entitled to receive an
annuity under this section shall be entitled to a cost-of-
living adjustment in the amount computed as specified in
section 8340(b) of title 5, except that in no case may the
annuity payable to such retired judge, as increased under
this subsection, exceed the salary of a judge in regular
active service with the court on which the retired judge
served before retiring.’’.
SEC. 406. FEDERAL JUDICIAL CENTER PERSONNEL MAT-
TERS.
Section 625(b) of title 28, United States Code, is
amended—
(1) by inserting after ‘‘section 5316, title 5,
United States Code’’ the following: ‘‘, except the Di-
rector may fix the compensation of no more than 5
percent of the positions of the Center at a level not
to exceed the annual rate of basic pay of level IV of
such pay rates’’; and
(2) by deleting ‘‘Servive’’ and inserting in lieu
thereof ‘‘Service’’.
SEC. 407. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE-
MENT MATTERS.
(a) CREDITABLE SERVICE FOR CERTAIN JUDICIAL
ADMINISTRATIVE OFFICIALS.—
(1) Sections 611(d) and 627(e) of title 28,
United States Code, are each amended by inserting
‘‘a congressional employee in the capacity of primary
administrative assistant to a Member of Congress or
in the capacity of staff director or chief counsel for
the majority or the minority of a committee or sub-
committee of the Senate or House of Representa-
tives,’’ after ‘‘Congress,’’.
(2)(A) Sections 611(b) and 627(c) of such title
are each amended—
(i) by striking out ‘‘who has served at least
fifteen years and’’ and inserting in lieu thereof
‘‘who has at least fifteen years of service and
has’’; and
(ii) in the first undesignated paragraph, by
striking out ‘‘who has served at least ten
years,’’ and inserting in lieu thereof ‘‘who has
at least ten years of service,’’.
(B) Sections 611(c) and 627(d) of such title are
each amended—
(i) by striking out ‘‘served at least fifteen
years,’’ and inserting in lieu thereof ‘‘at least
fifteen years of service,’’; and
(ii) by striking out ‘‘served less than fif-
teen years,’’ and inserting in lieu thereof ‘‘less
than fifteen years of service,’’.
TITLE V—CRIMINAL LAW
SEC. 501. NEW AUTHORITY FOR PROBATION AND PRETRIAL
SERVICES OFFICERS.
(a) PROBATION OFFICERS.—Section 3603 of title 18,
United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(8)(B);
(2) by redesignating paragraph (9) as para-
graph (10); and
(3) by inserting after paragraph (8) the follow-
ing new paragraph:
‘‘(9) if approved by the district court, be au-
thorized to carry firearms under such rules and reg-
ulations as the Director of the Administrative Office
of the United States Courts may prescribe; and’’.
(b) PRETRIAL SERVICES OFFICERS.—Section 3154
of title 18, United States Code, is amended—
(1) by redesignating paragraph (13) as para-
graph (14); and
(2) by inserting after paragraph (12) the fol-
lowing new paragraph:
‘‘(13) If approved by the district court, be au-
thorized to carry firearms under such rules and reg-
ulations as the Director of the Administrative Office
of the United States Courts may prescribe.’’.
SEC. 502. TRANSPORTATION EXPENSES FOR DEFENDANTS.
The first sentence of section 4285 of title 18, United
States Code is amended—
(1) by striking ‘‘to appear before the required
court’’;
(2) by inserting ‘‘(1)’’ after ‘‘fare for such
transportation’’;
(3) by inserting after ‘‘where his appearance is
required’’ the following: ‘‘(2) to enable the defendant
to consult with his or her attorney, or (3) to return
to the place of his or her arrest or bona fide resi-
dence’’;
(4) by inserting ‘‘lodging and’’ before ‘‘subsist-
ence’’;
(5) by inserting ‘‘during travel’’ after ‘‘ex-
penses’’; and
(6) by inserting after ‘‘to his destination,’’ the
following: ‘‘during any proceedings at which his or
her appearance is required, or during the time he or
she is consulting with counsel,’’.
SEC. 503. FEDERAL SUBSTANCE ABUSE TREATMENT PRO-
GRAM –– REAUTHORIZATION.
Section 4(a) of the Contract Services for Drug De-
pendent Federal Offenders Treatment Act of 1978 is
amended by striking all after ‘‘there are authorized to be
appropriated’’ and inserting in lieu thereof ‘‘for fiscal year
1994 and each fiscal year thereafter such sums as may
be necessary to carry out this Act.’’.
SEC. 504. TECHNICAL AMENDMENT TO FEDERAL RULES OF
CRIMINAL – PROCEDURE.
Rule 46(i)(1) of the Federal Rules of Criminal Proce-
dure for the United States Courts is amended by striking
‘‘18 U.S.C. 3144’’ and inserting ‘‘18 U.S.C. 3142’’.
TITLE VI—CRIMINAL JUSTICE
ACT AMENDMENTS
SEC. 601. ESTABLISHMENT OF FEDERAL DEFENDER ORGA-
NIZATIONS.
Paragraph (1) of subsection (g) of section 3006A of
title 18, United States Code, is amended—
(1) by striking out ‘‘A’’ at the beginning of the
first sentence, and inserting in lieu thereof ‘‘Any’’;
(2) by striking out ‘‘a’’ before ‘‘part of a dis-
trict’’ in the first sentence;
(3) by striking out ‘‘in which at least two hun-
dred persons annually require the appointment of
counsel’’ in the first sentence;
(4) by inserting after the first sentence ‘‘A de-
fender organization shall be established for any dis-
trict or part of a district or combination of dis-
tricts—
‘‘(A) in which more than two hundred persons
annually require the appointment of counsel; or
‘‘(B) where the Judicial Conference determines
that—
‘‘(i) such an organization would be cost ef-
fective; or
‘‘(ii) the interests of effective representa-
tion otherwise require establishment of such an
organization.’’; and
(5) by striking out ‘‘aggregate the number of
persons required to be represented to establish eligi-
bility for’’ in the second sentence and inserting in
lieu thereof ‘‘establish’’.
SEC. 602. PANEL ATTORNEY SUPPORT OFFICE.
Subsection (a) of section 3006A of title 18, United
States Code, is amended by adding at the end the follow-
ing new paragraph:
‘‘(4)(A) In any district which has not estab-
lished a federal defender organization pursuant to
subsection (g) of this section, the plan for the dis-
trict may provide for the establishment of a panel
attorney support office to assist the court in manag-
ing the panel of attorneys who provide representa-
tion pursuant to the plan for the district. The panel
attorney support office shall provide advice to coun-
sel appointed pursuant to this section, maintain a
list of members of the panel, review vouchers for
compensation pursuant to this section prior to sub-
mission to judicial officers for approval, coordinate
training of members of the panel, and perform any
other duties in administering the plan for the dis-
trict which the court may delegate.
‘‘(B) The district court shall appoint an admin-
istrator to direct the panel attorney support office.
The Administrator may be employed on a part-time
or full-time basis. The Administrator may appoint
employees in such number as may be approved by
the Director of the Administrative Office of the
United States Courts. Such employees shall be sub-
ject to removal by the Administrator.’’.
SEC. 603. JUDICIAL CONFERENCE TO DETERMINE RATES
OF COMPENSATION FOR ATTORNEYS.
Subsection (d) of section 3006A of title 18, United
States Code, is amended—
(1) in the first sentence of paragraph (1) by
striking out all that follows ‘‘be compensated’’ and
inserting in lieu thereof ‘‘at rates established by the
Judicial Conference of the United States sufficient
to cover reasonable overhead costs and to provide a
reasonable hourly wage for time expended in court
and for time expended out of court.’’;
(2) by striking out the third and fourth sen-
tences of paragraph (1); and
(3) by striking out all that appears in para-
graph (2) and inserting in lieu thereof ‘‘The Judicial
Conference shall establish limits on the amounts of
compensation for representation in misdemeanors,
felonies, appeals, and other matters. Except as pro-
vided in paragraph (3) of this subsection, the com-
pensation to be paid to an attorney or to a bar asso-
ciation or legal aid agency or community defender
organization shall not exceed the amount established
by the Judicial Conference for the type of proceed-
ing in which representation was provided.’’.
SEC. 604. JUDICIAL CONFERENCE TO DETERMINE MAXI-
MUM 
AMOUNTS 
OF 
COMPENSATION 
FOR
SERVICES OTHER THAN COUNSEL.
Subsection (e) of section 3006A of title 18, United
States Code, is amended—
(1) in subparagraphs (A) and (B) of paragraph
(2), by striking ‘‘$300’’ and inserting in lieu thereof
‘‘an amount established by the Judicial Conference’’;
and
(2) in paragraph (3) by striking ‘‘$1,000’’ and
inserting in lieu thereof ‘‘an amount established by
the Judicial Conference’’.
SEC. 605. COMPENSATION OF PARALEGALS AND LAW STU-
DENTS.
Paragraph (1) of subsection (d) of section 3006A of
title 18, United States Code, is amended by adding at the
end thereof the following: ‘‘The services of paralegals and
qualified law students furnishing services pursuant to this
section shall be compensated or reimbursed at hourly rates
established by the Judicial Conference.’’.
SEC. 606. TORT CLAIMS ACT AMENDMENTS RELATING TO
LIABILITY OF FEDERAL PUBLIC DEFENDERS.
Section 2680 of title 28, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(o) Any claim for money damages for injury, loss
of liberty, loss of property, or personal injury or death
arising from malpractice or negligence of an officer or em-
ployee of a Federal Public Defender Organization in fur-
nishing representational services under section 3006A of
title 18.’’.
TITLE VII—PLACES OF HOLDING
COURT
SEC. 701. PLACE OF HOLDING COURT IN THE NORTHERN
DISTRICT OF INDIANA.
Section 94(a)(3) of title 28, United States Code, is
amended to read as follows:
‘‘(3) The Western Division comprises the coun-
ties of Benton, Carroll, Jasper, Lake, Newton, Por-
ter, Tippecanoe, Warren, and White.
Court for the Western Division shall be held at La-
fayette and at a suitable site in Lake or Porter
Counties.’’.
SEC. 702. PLACE OF HOLDING COURT IN THE SOUTHERN
DISTRICT OF NEW YORK.
The last sentence of section 112(b) of title 28, United
States Code, is amended to read as follows: ‘‘Court for
the Southern District shall be held at New York, White
Plains, and in the Middletown-Wallkill area of Orange
County, or such nearby location as may be deemed appro-
priate.’’.
SEC. 703. PLACE OF HOLDING COURT IN EASTERN DIS-
TRICT OF TEXAS.
The second sentence of section 124(c)(3) of title 28,
United States Code, is amended by inserting ‘‘and Plano’’
after ‘‘held at Sherman’’.
TITLE VIII—BANKRUPTCY
SEC. 801. BANKRUPTCY RULEMAKING.
(a) 
METHODS
OF
PRESCRIBING
BANKRUPTCY
RULES.—Section 2073 of title 28, United States Code, is
amended—
(1) in subsection (a)(2), by striking out ‘‘sec-
tion 2072’’ and inserting in lieu thereof ‘‘sections
2072 and 2075’’;
(2) in subsection (d), by inserting ‘‘or 2075’’
after ‘‘2072’’; and
(3) in subsection (e) by inserting ‘‘or 2075’’
after ‘‘2072’’.
(b) EFFECTIVE DATE OF BANKRUPTCY RULES.—
Section 2074(a) of title 28, United States Code, is amend-
ed by inserting ‘‘or 2075’’ in the first sentence after
‘‘2072’’.
(c) CONFORMING AMENDMENT.—Section 2075 of
title 28, United States Code, is amended by striking out
the third undesignated paragraph.
SEC. 802. BANKRUPTCY ADMINISTRATOR PROGRAM.
(a) PRESIDING OFFICER.—A bankruptcy adminis-
trator appointed under section 302(d)(3)(I) of the Bank-
ruptcy Judges, United States Trustees, and Family Farm-
er Bankruptcy Act of 1986 (Public Law 99–554; 100
Stat. 3132), as amended by section 317(a) of the Federal
Courts Study Committee Implementation Act of 1990
(Public Law 101–650; 104 Stat. 5115), or the bankruptcy
administrator’s designee may preside at the meeting of
creditors convened under section 341(a) of title 11, United
States Code. The bankruptcy administrator or the bank-
ruptcy administrator’s designee may preside at any meet-
ing of equity security holders convened under section
341(b) of title 11, United States Code.
(b) EXAMINATION
OF
THE DEBTOR.—The bank-
ruptcy administrator or the bankruptcy administrator’s
designee may examine the debtor at the meeting of credi-
tors and may administer the oath required under section
343 of title 11, United States Code.
SEC. 803. DAMAGES FOR VIOLATION OF AUTOMATIC STAY.
Section 362(h) of title 11, United States Code, is
amended to read as follows:
‘‘(h) An entity injured by any willful violation by any
entity of a stay provided by this section shall recover from
the entity violating the automatic stay actual damages, in-
cluding costs and attorneys’ fees, and, in appropriate cir-
cumstances, may recover punitive damages.’’.
TITLE IX—MISCELLANEOUS
SEC. 901. PROPERTY DAMAGE, THEFT, AND LOSS CLAIMS
OF JURORS.
Section 604 of title 28, United States Code, is
amended by adding at the end thereof the following new
subsection:
‘‘(i) The Director may pay a claim by a person sum-
moned to serve or serving as a grand juror or petit juror
for loss of, or damage to, personal property that occurs
incident to that person’s performance of duties in response
to the summons or at the direction of an officer of the
court. With respect to claims, the Director shall have the
authority granted to the head of an agency by section
3721 of title 31 for the consideration of employees’ per-
sonal property claims. The Director shall prescribe guide-
lines for the consideration of claims under this sub-
section.’’.
SEC. 902. EXPANDED WORKERS’ COMPENSATION COV-
ERAGE FOR JURORS.
WORKERS’ COMPENSATION COVERAGE.—Paragraph
(2) of section 1877(b) of title 28, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of clause (C);
and
(2) by inserting ‘‘, or (E) traveling to or from
the courthouse pursuant to a jury summons or se-
questration order, or as otherwise necessitated by
order of the court’’ before the period at the end of
clause (D).
SEC. 903. EXEMPTION FROM JURY SERVICE.
(a) MEMBERS OF THE ARMED FORCES.—Paragraph
(6) of section 1863(b) of title 28, United States Code, is
amended to read as follows:
‘‘(6) specify that members of the Armed Forces
of the United States serving on active duty are
barred from service on the ground that they are ex-
empt.’’.
(b) CONFORMING AMENDMENT.—Section 1869 of
title 28, United States Code, is amended by striking sub-
section (i) and redesignating subsequent subsections ac-
cordingly.
SEC. 904. FULL-TIME STATUS OF COURT REPORTERS.
Section 753(e) of title 28, United States Code, is
amended by inserting after the first sentence the follow-
ing: ‘‘For the purposes of subchapter III of chapter 83
of title 5 and chapter 84 of such title, a reporter shall
be considered a full-time employee during any pay period
for which a reporter receives a salary at the annual salary
rate fixed for a full-time reporter pursuant to the preced-
ing sentence.’’.
SEC. 905. TECHNICAL AMENDMENT RELATING TO THE JU-
DICIAL CONFERENCE.
Section 331 of title 28, United States Code, is
amended in the second paragraph by striking ‘‘at the an-
nual judicial conference of the circuit held pursuant to sec-
tion 333 of this title’’.
SEC. 906. TECHNICAL AMENDMENT RELATING TO THE DI-
RECTOR AND DEPUTY DIRECTOR OF THE AD-
MINISTRATIVE OFFICE.
Section 601 of title 28, United States Code, is
amended by adding at the end thereof the following: ‘‘The
Director and Deputy Director shall be deemed to be ‘offi-
cers’ for the purposes of title 5.’’.
SEC. 907. TECHNICAL AMENDMENT RELATING TO RE-
MOVAL.
Section 1446(c)(1) of title 28, United States Code,
is amended by striking ‘‘petitioner’’ and inserting in lieu
thereof ‘‘defendant or defendants’’.
SEC. 908. TECHNICAL AMENDMENT TO FEDERAL JUDICIAL
CENTER RETIREMENT PROVISIONS.
Section 627(b) of title 28, United States Code, is
amended—
(1) by inserting before ‘‘the professional staff’’
in the first sentence ‘‘Deputy Director,’’; and
(2) by inserting after ‘‘(relating to civil service
retirement),’’ in the first sentence ‘‘chapter 84 (re-
lating to the Federal Employees’ Retirement Sys-
tem),’’.
SEC. 909. VACANCY IN CLERK POSITION; ABSENCE OF
CLERK; –– COMPENSATION OF DECEASED
CLERK OF SUPREME COURT.
(a) Section 954 of title 28, United States Code, is
amended to read as follows:
‘‘(a) When the office of clerk is vacant, the deputy
clerks shall perform the duties of the clerk in the name
of the last person who held that office. When the clerk
is incapacitated, absent or otherwise unavailable to per-
form official duties, the deputy clerks shall perform the
duties of the clerk in the name of the clerk. The court
may designate a deputy clerk to act temporarily as clerk
of the court in his or her own name.
‘‘(b) The compensation of a deceased clerk of the Su-
preme Court may be paid to the decedent’s personal rep-
resentative until a successor is appointed and qualifies.’’.
(b) The chapter analysis for chapter 57 of title 28,
United States Code, relating to section 954 is amended
to read as follows:
‘‘954. Vacancy in clerk position; absence of clerk; compensation of deceased
clerk of Supreme Court.’’.
(c) The section title for section 954 of title 28, United
States Code, is amended to read as follows:
‘‘§ 954. Vacancy in clerk position; absence of clerk;
compensation of deceased clerk of Su-
preme Court’’.
SEC. 910. REGISTRATION OF JUDGMENTS FOR ENFORCE-
MENT IN OTHER DISTRICTS.
(a) Section 1963 of title 28, United States Code, is
amended—
(1) in the first sentence—
(A) by striking ‘‘district court’’ and insert-
ing in lieu thereof ‘‘court of appeals, district
court, bankruptcy court,’’; and
(B) by striking ‘‘such judgment’’ and in-
serting in lieu thereof ‘‘the judgment’’; and
(2) by adding after the last paragraph the fol-
lowing:
‘‘The procedure prescribed by this section is in addi-
tion to other procedures provided by law for the enforce-
ment of judgments.’’.
(b) The chapter analysis for chapter 125 of title 28,
United States Code, relating to section 1963 is amended
to read as follows:
‘‘1963. Registration of judgments for enforcement in other districts.’’.
(c) The section title for section 1963 of title 28,
United States Code, is amended to read as follows:
‘‘§ 1963. 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.
Section 631 of title 28, United States Code, is
amended—
(1) by striking the first two sentences of sub-
section (a) and inserting in lieu thereof the follow-
ing: ‘‘The judges of each United States district court
and the district courts of the Virgin Islands, Guam,
and the Northern Mariana Islands shall appoint
United States magistrate judges in such numbers
and to serve at such locations within the judicial dis-
tricts as the Conference may determine under this
chapter. In the case of a magistrate judge appointed
by the district court of the Virgin Islands, Guam, or
the Northern Mariana Islands, this chapter shall
apply as though the court appointing such a mag-
istrate judge were a United States district court.’’;
and
(2) by inserting in the first sentence of para-
graph (1) of subsection (b) after ‘‘Commonwealth of
Puerto Rico,’’ the following: ‘‘the Territory of Guam,
the Territory of the Northern Mariana Islands,’’.
SEC. 912. VENUE IN DIVERSITY CIVIL ACTIONS.
Chapter 87 of title 28, United States Code (relating
to district courts; venue) is amended—
(1) by amending subsection (a)(3) of section
1391 by striking out ‘‘the defendants are’’ and in-
serting in lieu thereof ‘‘any defendant is’’; and
(2) in section 1392—
(A) by repealing subsection (a);
(B) by striking out the subsection designa-
tor ‘‘(b)’’ for the remaining subsection; and
(C) by striking out ‘‘Defendants or prop-
erty’’ in the chapter analysis and section title
and inserting in lieu thereof ‘‘Property’’.
Æ
HR 4357 IH——2
HR 4357 IH——3
HR 4357 IH——4