or magistrate judge for service credited under this section
may be transferred.’’.
SEC. 103. EXTENSION OF JUDICIARY INFORMATION TECH-
NOLOGY FUND.
Section 612 of title 28, United States Code, is amend-
ed—
(1) by striking ‘‘equipment’’ each place it ap-
pears and inserting ‘‘resources’’;
(2) by striking subsection (f) and redesignating
subsequent subsections accordingly;
(3) in subsection (g), as so redesignated, by strik-
ing paragraph (3); and
(4) in subsection (i), as so redesignated,—
(A) by striking ‘‘Judiciary’’ each place it
appears and inserting ‘‘judiciary’’;
(B) by striking ‘‘subparagraph (c)(1)(B)’’
and inserting ‘‘subsection (c)(1)(B)’’; and
(C) by striking ‘‘under (c)(1)(B)’’ and in-
serting ‘‘under subsection (c)(1)(B)’’.
SEC. 104. BANKRUPTCY FEES.
Subsection (a) of section 1930 of title 28, United States
Code, is amended by adding at the end the following new
paragraph:
‘‘(7) In districts that are not part of a United
States trustee region as defined in section 581 of this
title, the Judicial Conference of the United States
may require the debtor in a case under chapter 11 of
title 11 to pay fees equal to those imposed by para-
graph (6) of this subsection. Such fees shall be depos-
ited as offsetting receipts to the fund established under
section 1931 of this title and shall remain available
until expended.’’.
SEC. 105. DISPOSITION OF MISCELLANEOUS FEES.
For fiscal year 1997 and thereafter, any portion of
miscellaneous fees collected as prescribed by the Judicial
Conference of the United States pursuant to section 1913,
1914(b), 1926(a), 1930(b), and 1932 of title 28, United
States Code, exceeding the amount of such fees established
on the date of the enactment of this Act shall be deposited
into the special fund of the Treasury established under sec-
tion 1931 of title 28, United States Code.
TITLE II—JUDICIAL PROCESS
IMPROVEMENTS
SEC. 201. EXTENSION OF STATUTORY AUTHORITY FOR MAG-
ISTRATE JUDGE POSITIONS TO BE ESTAB-
LISHED IN THE DISTRICT COURTS OF GUAM
AND THE NORTHERN MARIANA ISLANDS.
Section 631 of title 28, United States Code, is amend-
ed—
(1) by striking the first two sentences of sub-
section (a) and inserting the following: ‘‘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 mag-
istrate judges in such numbers and to serve at such
locations within the judicial districts as the Judicial
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 magistrate 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 Commonwealth of the Northern Mariana Is-
lands,’’.
SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.
Section 636(e) of title 28, United States Code is
amended to read as follows:
‘‘(e) CONTEMPT AUTHORITY.—
‘‘(1) IN GENERAL.—A United States magistrate
judge serving under this chapter shall have within the
territorial jurisdiction prescribed by his or her ap-
pointment the power to exercise contempt authority
as set forth in this section.
‘‘(2) SUMMARY
CRIMINAL
CONTEMPT
AUTHOR-
ITY.—A magistrate judge shall have the power to
punish summarily by fine or imprisonment such con-
tempt of his or her authority constituting misbehavior
of any person in the magistrate judge’s presence so as
to obstruct the administration of justice. The order of
contempt shall be issued pursuant to the Federal
Rules of Criminal Procedure.
‘‘(3) ADDITIONAL CRIMINAL CONTEMPT AUTHOR-
ITY IN CIVIL CONSENT AND MISDEMEANOR CASES.—In
any case in which a United States magistrate judge
presides with the consent of the parties under sub-
section (c) of this section, and in any misdemeanor
case proceeding before a magistrate judge under sec-
tion 3401 of title 18, the magistrate judge shall have
the power to punish by fine or imprisonment such
criminal contempt constituting disobedience or resist-
ance to the magistrate judge’s lawful writ, process,
order, rule, decree, or command. Disposition of such
contempt shall be conducted upon notice and hearing
pursuant to the Federal Rules of Criminal Procedure.
‘‘(4) CIVIL CONTEMPT AUTHORITY IN CIVIL CON-
SENT
AND
MISDEMEANOR
CASES.—In any case in
which a United States magistrate judge presides with
the consent of the parties under subsection (c) of this
section, and in any misdemeanor case proceeding be-
fore a magistrate judge under section 3401 of title 18,
the magistrate judge may exercise the civil contempt
authority of the district court. This subsection shall
not be construed to limit the authority of a mag-
istrate judge to order sanctions pursuant to any other
statute, the Federal Rules of Civil Procedure, or the
Federal Rules of Criminal Procedure.
‘‘(5) CRIMINAL CONTEMPT PENALTIES.—The sen-
tence imposed by a magistrate judge for any criminal
contempt provided for in paragraphs (2) and (3)
shall not exceed the penalties for a Class C mis-
demeanor as set forth in sections 3581(b)(8) and
3571(b)(6) of title 18.
‘‘(6) CERTIFICATION OF OTHER CONTEMPTS TO
THE DISTRICT COURT.—Upon the commission of any
such act—
‘‘(A) in any case in which a United States
magistrate judge presides with the consent of the
parties under subsection (c) of this section, or in
any misdemeanor case proceeding before a mag-
istrate judge under section 3401 of title 18, that
may, in the opinion of the magistrate judge, con-
stitute a serious criminal contempt punishable
by penalties exceeding those set forth in para-
graph (5) of this subsection, or
‘‘(B) in any other case or proceeding under
subsection (a) or (b) of this section, or any other
statute, where—
‘‘(i) the act committed in the mag-
istrate judge’s presence may, in the opinion
of the magistrate judge, constitute a serious
criminal contempt punishable by penalties
exceeding those set forth in paragraph (5) of
this subsection, or
‘‘(ii) the act that constitutes a criminal
contempt occurs outside the presence of the
magistrate judge, or
‘‘(iii) the act constitutes a civil con-
tempt,
the magistrate judge shall forthwith certify the
facts to a district judge and may serve or cause
to be served upon any person whose behavior is
brought into question under this paragraph an
order requiring such person to appear before a
district judge upon a day certain to show cause
why he or she should not be adjudged in con-
tempt by reason of the facts so certified. The dis-
trict judge shall thereupon hear the evidence as
to the act or conduct complained of and, if it is
such as to warrant punishment, punish such per-
son in the same manner and to the same extent
as for a contempt committed before a district
judge.
‘‘(7) APPEALS OF MAGISTRATE JUDGE CONTEMPT
ORDERS.—The appeal of an order of contempt pursu-
ant to this section shall be made to the court of ap-
peals in cases proceeding under subsection (c) of this
section. In any other proceeding in which a United
States magistrate judge presides under subsection (a)
or (b) of this section, section 3401 of title 18, or any
other statute, the appeal of a magistrate judge’s sum-
mary contempt order shall be made to the district
court.’’.
SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN
PETTY OFFENSE CASES AND MAGISTRATE
JUDGE AUTHORITY IN MISDEMEANOR CASES
INVOLVING JUVENILE DEFENDANTS.
(a) AMENDMENTS TO TITLE 18.—
(1) Section 3401(b) of title 18, United States
Code, is amended by striking ‘‘that is a class B mis-
demeanor charging a motor vehicle offense, a class C
misdemeanor, or an infraction,’’ after ‘‘petty offense’’.
(2) Section 3401(g) of title 18, United States
Code, is amended—
(A) by striking the first sentence and insert-
ing the following: ‘‘The magistrate judge may, in
a petty offense case involving a juvenile, exercise
all powers granted to the district court under
chapter 403 of this title.’’;
(B) in the second sentence by striking the
phrase ‘‘other class B or C misdemeanor case’’
and inserting ‘‘misdemeanor, other than a petty
offense,’’; and
(C) by striking the last sentence.
(b) AMENDMENTS TO TITLE 28.—Section 636(a) of
title 28, United States Code, is amended by striking para-
graphs (4) and (5) and inserting in the following:
‘‘(4) the power to enter a sentence for a petty of-
fense; and
‘‘(5) the power to enter a sentence for a class A
misdemeanor in a case in which the parties have con-
sented.’’.
SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIRE-
MENTS.
Section 604 of title 28, United States Code, is amended
in subsection (a) by striking the second paragraph des-
ignated (24).
SEC. 205. PLACE OF HOLDING COURT IN THE EASTERN DIS-
TRICT OF TEXAS.
(a) 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’’.
(b) TEXARKANA.—Sections 83(b)(1) and 124(c)(6) of
title 28, United States Code, are each amended by adding
before the period at the end of the last sentence the following:
‘‘, and may be held anywhere within the Federal courthouse
in Texarkana that is located astride the State line between
Texas and Arkansas’’.
SEC. 206. FEDERAL SUBSTANCE ABUSE TREATMENT PRO-
GRAM REAUTHORIZATION.
Section 4(a) of the Contract Services for Drug Depend-
ent Federal Offenders Treatment Act of 1978 (Public Law
95–537; 92 Stat. 2038; 18 U.S.C. 3672 note) is amended
by striking all that follows ‘‘there are authorized to be ap-
propriated’’ and inserting ‘‘for fiscal year 1998 and each
fiscal year thereafter such sums as may be necessary to
carry out this Act.’’.
SEC. 207. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.
Section 332(a) of title 28, United States Code, is
amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) The chief judge of each judicial circuit shall call and
preside at a meeting of the judicial council of the circuit
at least twice in each year and at such places as he or she
may designate. The council shall consist of an equal number
of circuit judges (including the chief judge of the circuit)
and district judges, as such number is determined by major-
ity vote of all such judges of the circuit in regular active
service.’’;
(2) by striking paragraph (3) and inserting the
following:
‘‘(3) Except for the chief judge of the circuit, either
judges in regular active service or judges retired from regu-
lar active service under section 371(b) of this title may serve
as members of the council.’’; and
(3) by striking ‘‘retirement,’’ in paragraph (5)
and inserting ‘‘retirement pursuant to section 371(a)
or section 372(a) of this title,’’.
SEC. 208. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY
REDUCTION PLANS.
Section 103(b)(2)(A) of the Civil Justice Reform Act
of 1990 (Public Law 101–650; 104 Stat. 5096; 28 U.S.C.
471 note), as amended by Public Law 105–53 (111 Stat.
1173), is amended by inserting ‘‘471,’’ after ‘‘sections’’.
SEC. 209. REPEAL OF COURT OF FEDERAL CLAIMS FILING
FEE.
Section 2520 of title 28, United States Code, and the
item relating to such section in the table of contents for
chapter 165 of such title, are repealed.
SEC. 210. TECHNICAL BANKRUPTCY CORRECTION.
Section 1228 of title 11, United States Code, is amend-
ed by striking ‘‘1222(b)(10)’’ each place it appears and in-
serting ‘‘1222(b)(9)’’.
SEC. 211. RENUMBERING OF BANKRUPTCY COURT FEE
SCHEDULE.
Section 406(b) of the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related Agencies Appro-
priations Act, 1990 (Public Law 101–162; 103 Stat. 1016;
28 U.S.C. 1931 note) is amended in the first sentence by
striking ‘‘for any service enumerated after item 18’’ and
inserting ‘‘for any fee implemented after November 21,
1989’’.
TITLE 
III—JUDICIAL 
PERSON-
NEL ADMINISTRATION, BENE-
FITS, AND PROTECTIONS
SEC. 301. JUDICIAL RETIREMENT MATTERS.
Section 371 of title 28, United States Code, is amend-
ed—
(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 ‘‘this section’’ and inserting
‘‘subsection (a)’’; and
(C) by adding at the end 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. 302. DISABILITY RETIREMENT AND COST-OF-LIVING
ADJUSTMENTS OF ANNUITIES FOR TERRI-
TORIAL JUDGES.
Section 373 of title 28, United States Code, is amend-
ed—
(1) by amending subsection (c)(4) to read as fol-
lows:
‘‘(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 compensa-
tion (in lieu of the annuity payable under this section) and
the same allowances for travel and other expenses 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 Dis-
trict 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, contin-
uous or otherwise, aggregates 15 years or more, to re-
ceive during the remainder of such judge’s life an an-
nuity equal to the salary received when the judge left
office; or
‘‘(B) if such judicial service, continuous or other-
wise, aggregated less than 15 years, to receive during
the remainder of such judge’s life an annuity equal
to that proportion of such salary which the aggregate
number of such judge’s years of service bears to 15.
‘‘(2) Any judge of the District Court of Guam, the Dis-
trict 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 re-
moved upon the sole ground of mental or physical disabil-
ity, 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 serv-
ice bears to 15.’’; and
(3) amending subsection (g) to read as follows:
‘‘(g) Any retired judge who is entitled to receive an
annuity under this section shall be entitled to a cost-of-liv-
ing adjustment in the amount computed as specified in sec-
tion 8340(b) of title 5, except that in no case may the annu-
ity 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 be-
fore retiring.’’.
SEC. 303. FEDERAL JUDICIAL CENTER PERSONNEL MAT-
TERS.
Section 625 of title 28, United States Code, is amend-
ed—
(1) in subsection (b)—
(A) by striking ‘‘, United States Code,’’;
(B) by striking ‘‘pay rates, section 5316,
title 5, United States Code’’ and inserting
‘‘under section 5316 of title 5, except that the Di-
rector may fix the compensation of 4 positions of
the Center at a level not to exceed the annual
rate of pay in effect for level IV of the Executive
Schedule under section 5315 of title 5’’; and
(C) by striking ‘‘the Civil Servive’’ and all
that follows through ‘‘Code’’ and inserting ‘‘sub-
chapter III of chapter 83 of title 5 shall be ad-
justed pursuant to the provisions of section 8344
of such title, and the salary of a reemployed an-
nuitant under chapter 84 of title 5 shall be ad-
justed pursuant to the provisions of section 8468
of such title’’; and
(2) in subsection (c) by striking ‘‘, United States
Code,’’ each place it appears.
SEC. 304. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE-
MENT MATTERS.
(a) DIRECTOR OF ADMINISTRATIVE OFFICE.—Section
611 of title 28, United States Code, is amended—
(1) in subsection (d), by inserting ‘‘a congres-
sional employee in the capacity of primary adminis-
trative assistant to a Member of Congress or in the
capacity of staff director or chief counsel for the ma-
jority or the minority of a committee or subcommittee
of the Senate or House of Representatives,’’ after
‘‘Congress,’’;
(2) in subsection (b)—
(A) by striking ‘‘who has served at least fif-
teen years and’’ and inserting ‘‘who has at least
fifteen years of service and has’’;
(B) in the first undesignated paragraph, by
striking ‘‘who has served at least ten years,’’ and
inserting ‘‘who has at least ten years of service,’’;
and
(3) in subsection (c)—
(A) by striking ‘‘served at least fifteen
years,’’ and inserting ‘‘at least fifteen years of
service,’’; and
(B) by striking ‘‘served less than fifteen
years,’’ and inserting ‘‘less than fifteen years of
service,’’.
(b) DIRECTOR OF THE FEDERAL JUDICIAL CENTER.—
Section 627 of title 28, United States Code, is amended—
(1) in subsection (e), by inserting ‘‘a congres-
sional employee in the capacity of primary adminis-
trative assistant to a Member of Congress or in the
capacity of staff director or chief counsel for the ma-
jority or the minority of a committee or subcommittee
granted to the head of an agency by section 3721 of title
31 for consideration of employees’ personal property claims.
The Director shall prescribe guidelines for the consideration
of claims under this subsection.’’.
SEC. 309. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECU-
TIVES.
Section 6304(f)(1) of title 5, United States Code, is
amended by adding at the end thereof the following:
‘‘(F) the judicial branch designated as a court
unit executive position by the Judicial Conference of
the United States.’’.
SEC. 310. TRANSFER OF COUNTY TO MIDDLE DISTRICT OF
PENNSYLVANIA.
(a) TRANSFER.—Section 118 of title 28, United States
Code, is amended—
(1) in subsection (a) by striking ‘‘Philadelphia,
and Schuylkill’’ and inserting ‘‘and Philadelphia’’;
and
(2) in subsection (b) by inserting ‘‘Schuylkill,’’
after ‘‘Potter,’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—This section and the amend-
ments made by this section shall take effect 180 days
after the date of the enactment of this Act.