A bill to make certain technical corrections in the Judicial Improvements Act of 1990.
PL 102-198 (S.1284), enacted 12/09/1991

PUBLIC LAW 102-198—DEC. 9,1991 
105 STAT. 1623 
Public Law 102-198 
102d Congress 
An Act 
^ 
To make certain technical corrections in the Judicial Improvements Act of 1990 and 
Dec. 9,1991 
other provisions of law relating to the courts. 
[S. 1284] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. JUDICIAL COUNCILS OF CIRCUITS. 
Section 332(aXl) of title 28, United States Code, as amended by 
section 323 of the Judicial Improvements Act of 1990, is amended 
b y -
(1) striking "such member" and inserting "such number"; and 
(2) striking "services" and inserting "service". 
SEC. 2. CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS. 
Chapter 23 of title 28, United States Code, as added by section 103 
of the Judicial Improvements Act of 1990, is amended— 
(1) in section 471 by striking "this title" and inserting "this 
chapter"; and 
(2) in section 474(a)— 
It 
(A) in paragraph (1)— 
- : i, 
(i) by striking "chief judges" and inserting "chief 
judge"; and 
. • *: f 
(ii) by striking "court of appeals for such"; and 
(B) in paragraph (2)— 
(i) by striking "a court of appeals" and inserting "a 
circuit may designate another judge of the court of 
appeals of that circuit,"; and 
' *
*
- ' 
(ii) by striking "court to - perform the chief £ind 
inserting "court, to perform that chief. 
SEC. 3. VENUE. 
Section 1391(b) of title 28, United States Code, as amended by 
section 311 of the Judicial Improvements Act of 1990, is amended by 
striking "if (1)" and inserting "in (1)". 
SEC. 
4
. 
REMOVAL 
OF 
SEPARATE 
AND 
INDEPENDENT 
CLAIMS. 
Section 1441(c) of title 28, United States Code, as amended by 
section 312 of the Judicial Improvements Act of 1990, is amended 
b y -
(1) striking the comma after "title"; and 
(2) striking "may may" and inserting "may". 
SEC. 5. APPEAL OF ABSTENTION DETERMINATIONS UNDER TITLE 11 OF 
THE UNITED STATES CODE. 
Section 305(c) of title 11, United States Code, as amended by 
section 309 of the Judicial Improvements Act of 1990, is amended by 
striking "this title" both places it appears and inserting "title 28". 
105 STAT. 1624 
PUBLIC LAW 102-198—DEC. 9, 1991 
SEC. 6. OUTSIDE EARNED INCOME LIMITATIONS. 
Section 502(b) of the Ethics in Government Act of 1978 (5 U.S.C. 
App. 7 502(b)), as amended by section 601(a) of the Ethics Reform Act 
of 1989 and section 319 of the Judicial Improvements Act of 1990, is 
amended to read £is follows: 
"(b) TEACHING COMPENSATION OF JUSTICES AND JUDGES RETIRED 
FROM REGULAR ACTIVE SERVICE.—For purposes of the limitation 
under section 501(a), any compensation for teaching approved under 
subsection (aX5) of this section shall not be treated as outside earned 
income— 
"(1) when received by a justice of the United States retired 
from r^ular active service under section 371(b) of title 28, 
United States Oxle; 
"(2) when received by a judge of the United States retired 
from r^ular active service under section 371(b) of title 28, 
United States Code, for teaching performed during any calendar 
year for which such judge has met the requirements of subsec-
tion (f) of section 371 of title 28, United States CJode, as certified 
in accordance with such subsection; or 
"(3) when received by a justice or judge of the United States 
retired from regular active service under section 372(a) of title 
28, United States Code.". 
SEC. 7. RETIREMENT SYSTEM FOR CLAIMS COURT JUDGES. 
(a) RETIREMENT OF JUDGES OF THE CLAIMS COURT.—Section 178 of 
title 28, United States (Dode, as added by section 306(a) of the 
Judicial Improvements Act of 1990, is amended— 
(1) in subsection (fK2XA) by inserting "(except for subchapters 
III and VII)" after "chapter 84"; and 
(2) in subsection (j)— 
(A) in paragraph (1)— 
(i) by striking "(2)" and inserting "(4)"; and 
(ii) by striking "so practices law" and inserting "en-
gages in any such activity"; 
(B) in paragraph (2) by striking " I f and inserting "Sub-
ject to paragraph (4), if; and 
(C) in paragraph (3) by inserting "for" after "(other 
than". 
(b) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8339(n) of title 5, 
United States Code, as amended by section 306(cX4) of the Judicial 
Improvements Act of 1990, is amended by inserting a comma after 
"United States commissioner". 
(c) THRIFT SAVINGS PLAN.—(1) The section 8440b of title 5, United 
States Oxie, entitled "Clsiims (Dourt Judges", as added by section 
306(d) of the Judicial Improvements Act of 1990, is amended— 
(A) by redesignating such section as section 8440c; and 
(B) in subsection (b)— 
(i) in paragraph (4XA) by striking "subsection (d)" and 
inserting "subsection (c)"; 
(ii) by striking paragraph (7) and redesignating paragraph 
(8) as (7); and 
(iii) by adding at the end the following: 
"(8) Notwithstanding paragraph (4XB), if any Claims (Dourt judge 
who elects to make contributions to the Thrift Savings Fund under 
subsection (a) retires before becoming entitled to an annuity under 
section 178 of title 28, and such judge's nonforfeitable account 
balance is $3,500 or less, the Executive Director shall pay the 
PUBLIC LAW 102-198—DEC. 9, 1991 
105 STAT. 1625 
nonforfeitable account balance to the participant in a single pay-
ment unless the judge elects, at such time and otherwise in such 
manner as the Executive Director prescribes, to have the nonforfeit-
able account balance transferred to an eligible retirement plan as 
provided in section 8433(e). 
"(9) Notwithstanding paragraph (4XA), if any Claims Court judge 
retires under circumstances making such judge eligible to make an 
election under section 8433(b), and such judge's nonforfeitable ac-
count balance is $3,500 or less, the Executive Director shall pay the 
nonforfeitable account balance to the participant in a single pay-
ment unless the judge elects, at such time and otherwise in such 
manner as the Executive Director prescribes, one of the options 
available under section 8433(b).". 
(2) The table of sections at the beginning of chapter 84 of title 5, 
United States Code, is amended by striking 
"8440b. Claims Court judges." 
and inserting after the last item under subchapter III the following: 
"8440c. Claims Court judges." 
(3) Paragraphs (8) and (9) of section 8440c(b) of title 5, United 
States Code (as added by paragraph (1)) shall be effective as of 
January 1, 1991, and shall apply to any Claims Clourt judge retiring 
on or after such date. 
(4)(A) The section 8440c of title 5, United States Code, entitled 
"Judges of the United States Court of Veterans Appeals" is amend-
ed by redesignating such section £is section 2440d. 
(B) The table of sections at the beginning of subchapter III of 
chapter 84 of title 5, United States Code, is amended by striking 
"8440c. Judges of the United States Court of Veterans Appeals." 
and inserting 
"8440d. Judges of the United States Court of Vetersms Appeals.". 
(C) Section 50)) of Public Law 102-82 is amended— 
(i) by striking "8440c" and inserting "8440d"; and 
(ii) by striking "(as added by subsection (a))". 
(D) section 7296(f)(2XA) of title 38, United States Code, as amended 
by section 5(c)(1) of Public Law 102-82, is amended by striking 
"8440c" and inserting "8440d". 
(E) section 7297(n) of title 38, United States Code, as amended by 
section 5(c)(2) of Public Law 102-82, is amended by striking "8440c" 
and inserting "8440d". 
(d) FEDERAL EMPLOYEES' RETIREMENT SYSTEM.—Section 8402(g) of 
title 5, United States Code, as added by section 306(e) of the Judicial 
Improvement Act of 1990, is amended by inserting a comma after 
"such chapter", 
SEC. 8. NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL. 
(a) MEMBERSHIP.—Section 411 of the National Commission on 
Judicial Discipline and Removal Act (title IV of the Judicial 
Improvements Act of 1990) (28 U.S.C. 372 note) is amended by 
striking subsections (e) and (f) and redesignating subsections (g) 
through (h) as subsections (e) through (f), respectively. 
Effective date. 
5 u s e 8440c 
note. 
5 u s e 8440c, 
8440d. 
5 u s e 8440d 
note. 
49-194 O - 92 - 22 : QL. 3 Part 2 
105 STAT. 1626 
PUBLIC LAW 102-198—DEC. 9, 1991 
(b) CLERICAL AMENDMENTS.—(1) The subtitle heading for subtitle 
II of the Judicial Discipline and Removal Reform Act of 1990 is 
amended by striking "Impeachment" and inserting "Discipline and 
Removal". 
(2) Section 409 of the National Commission on Judicial Discipline 
28 use 372 note, and Removal Act (28 U.S.C. note) is amended by striking "here-
after" and inserting "hereinafter". 
SEC. 9. STUDY OF CRIMINAL JUSTICE ACT PROGRAM. 
18 use 3006A 
Section 318(c) of the Judicial Improvements Act of 1990 is amend-
»°*® 
ed by striking "March 31, 1992" and inserting "March 31, 1993". 
SEC. 10. OTHER TECHNICAL CORRECTIONS TO TITLE 28, UNITED STATES 
CODE. 
(a) PROCEDURE FOR REMOVAL.—Section 1446 of title 28, United 
States Code, is amended— 
(1) by striking "petition for" each place it appears and insert-
ing "notice of; 
(2) in subsection (cX3), by striking "petition is first denied" 
and inserting "prosecution is first remanded"; 
(3) by striking paragraphs (4) and (5) of subsection (c) and 
inserting the following: 
"(4) The United States district court in which such notice is filed 
shall examine the notice promptly. If it clearly appears on the face 
of the notice and any exhibits annexed thereto that removal should 
not be permitted, the court shall make an order for summary 
remand. 
"(5) If the United States district court does not order the summa^ 
remand of such prosecution, it shall order an evidentiary hearing to 
be held promptly and after such hearing shall make such disposition 
of the prosecution as justice shall require. If the United States 
district court determines that removal shall be permitted, it shall so 
notify the State court in which prosecution is pending, which shall 
proceed no further."; 
(4) by striking "petition" each place it appears and inserting 
"notice"; and 
(5) in subsection (d)— 
(A) by striking "the removal" and inserting "removal"; 
and 
(B) by striking out "and bond". 
(b) PROCEDURE AFTER REMOVAL GENERALLY.—Section 1447(b) of 
title 28, United States Code, is amended by striking "petitioner" and 
inserting "removing party". 
(c) APPOINTMENT OF CIRCUIT JUDGES.—Section 44(c) of title 28, 
United States Code, is amended by striking "this Act" and inserting 
"the Federal Courts Improvement Act of 1982". 
. 
28 u s e 2074 
SEC. 11. AMENDMENTS TO RULES OF CIVIL PROCEDURE. 
28 uisc app. 
(a) TECHNICAL AMENDMENT.—Rule 15(cX3) of the Federal Rules of 
Civil Procedure for the United States Courts, as transmitted to the 
Congress by the Supreme Court pursuant to section 2074 of title 28, 
United States Code, to become effective on December 1, 1991, is 
amended by striking "Rule 4(m)" and inserting "Rule 4(j)". 
28 use app. 
(b) AMENDMENT TO FORMS.—Form 1-A, Notice of Lawsuit and 
Request for Waiver of Service of Summons, and Form 1-B, Waiver 
of Service of Summons, included in the transmittal by the Supreme 
Court described in subsection (a), shall not be effective and Form 18-
PUBLIC LAW 102-198—DEC. 9, 1991 
105 STAT. 1627 
A, Notice and Acknowledgment for Service by Mail, abrogated by 
the Supreme Court in such transmittal, effective December 1, 1991, 
shall continue in effect on or after that date. 
SEC. 12. CONFORMITY WITH RULES OF APPELLATE PROCEDURE. 
Section 2107 of title 28, United States Code, is amended— 
(1) by designating the first and second paragraphs as subsec-
tions (a) and (b), respectively; 
(2) by striking the third and fourth paragraphs; 
(3) by designating the fifth paragraph as subsection (d); and 
(4) by inserting after subsection (b), as so designated, the 
following: 
"(c) The district court may, upon motion filed not later than 30 
days after the expiration of the time otherwise set for bringing 
appeal, extend the time for appeal upon a showing of excusable 
neglect or good cause. In addition, if the district court finds— 
"(1) that a party entitled to notice of the entry of a judgment 
or order did not receive such notice from the clerk or any party 
within 21 days of its entry, and 
"(2) that no party would be prejudiced, 
the district court may, upon motion filed within 180 days after entry 
of the judgment or order or within 7 days after receipt of such 
notice, whichever is earlier, reopen the time for appeal for a period 
of 14 days from the date of entry of the order reopening the time for 
appeal.". 
Approved December 9, 1991. 
LEGISLATIVE HISTORY—S. 1284: 
HOUSE REPORTS: No. 102-322 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
June 12, considered and passed Senate. 
Nov. 19, considered and passed House, amended. 
Nov. 22, Senate concurred in House amendments.