[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4357 Introduced in House (IH)]

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 Representatives 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 expenses.
Sec. 202. Amendments to the judiciary automation fund.
Sec. 203. Increase in civil action filing fee.
Sec. 204. Increase in attorney admission fees.
Sec. 205. Transfer of retirement funds.
Sec. 206. Consolidation of unclaimed registry funds.
Sec. 207. Interpreter performance examination fees.
                TITLE III--JUDICIAL PROCESS IMPROVEMENTS

Sec. 301. Court arbitration authorization.
Sec. 302. Duties of magistrate judge on emergency assignment.
Sec. 303. Consent to trial in certain criminal actions.
Sec. 304. Removal of cases under the Employee Retirement ---Income 
                            Security Act.
Sec. 305. Elimination of in-state plaintiff in diversity -- 
                            jurisdiction cases.
TITLE IV--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

Sec. 401. Judicial retirement matters.
Sec. 402. Senior judge certification.
Sec. 403. Contribution rate for senior judges under the Judicial 
                            Survivors' Annuities system.
Sec. 404. Refund of contributions for deceased deferred annuitants 
                            under the Judicial Survivors' Annuities 
                            system.
Sec. 405. Disability retirement and cost-of-living adjustments of 
                            annuities for territorial judges.
Sec. 406. Federal Judicial Center personnel matters.
Sec. 407. Judicial administrative officials retirement matters.
                         TITLE V--CRIMINAL LAW

Sec. 501. New authority for probation and pretrial services officers.
Sec. 502. Transportation expenses for defendants.
Sec. 503. Federal substance abuse treatment program reauthorization.
Sec. 504. Technical Amendments to Federal Rules of Criminal Procedure.
               TITLE VI--CRIMINAL JUSTICE ACT AMENDMENTS

Sec. 601. Establishment of Federal defender organizations.
Sec. 602. Panel attorney support office.
Sec. 603. Judicial Conference to determine rates of compensation for 
                            attorneys.
Sec. 604. Judicial Conference to determine maximum amounts of 
                            compensation for services other than 
                            counsel.
Sec. 605. Compensation of paralegals and law students.
Sec. 606. Tort Claims Act amendments relating to liability of Federal 
                            public defenders.
                   TITLE VII--PLACES OF HOLDING COURT

Sec. 701. Place of Holding Court in the Northern district of --- 
                            Indiana.
Sec. 702. Place of Holding Court in the Southern district of New --
                            York.
Sec. 703. Place of Holding Court in the Eastern district of Texas.
                         TITLE VIII--BANKRUPTCY

Sec. 801. Bankruptcy rulemaking.
Sec. 802. Bankruptcy administrator program.
Sec. 803. Damages for violation of automatic stay.
                        TITLE IX--MISCELLANEOUS

Sec. 901. Property damage, theft, and loss claims of jurors.
Sec. 902. Expanded workers' compensation coverage for jurors.
Sec. 903. Exemption from jury service.
Sec. 904. Full-time status of court reporters.
Sec. 905. Technical amendment relating to the Judicial Conference.
Sec. 906. Technical amendment relating to the Director and Deputy 
                            Director of the Administrative Office.
Sec. 907. Technical amendment relating to removal.
Sec. 908. Technical amendment to Federal Judicial Center retirement 
                            provisions.
Sec. 909. Vacancy in clerk position; absence of clerk; compensation of 
                            deceased clerk of Supreme Court.
Sec. 910. Registration of judgments for enforcement in other districts.
Sec. 911. Magistrate judge positions authorized in the District Courts 
                            of Guam and the Northern Mariana Islands.
Sec. 912. Venue in diversity civil actions.

        TITLE I--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

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 subsection (e); and
            (4) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d)(1) Effective on January 1 of each year that immediately 
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 divisible 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 subsection (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 Persons 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 otherwise 
                fair and effective''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting before the 
                period at the end the following: ``or are otherwise 
                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 proceeding that is not a 
core proceeding but that is otherwise related 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 bankruptcy 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 appropriate 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 appeals 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 reversing 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 district court in which the unfair labor 
practice occurred, or in which such person resides or transacts 
business, for imposition 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 impose 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:
``Sec.  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 senior 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 subparagraph (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 unless 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 preside at any 
session of the court which he or she attends. Other judges of the court 
shall have precedence and preside 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 subsection (b) and 
        redesignating subsection (c) as subsection (b).
            (2) Section 253 is amended--
                     (A) by amending the section caption to read as 
                follows:
``Sec. 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 section 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.''.
    (c) Notwithstanding the provisions of section 258(a) of title 28, 
United States Code, the chief judge of the United States Court of 
International Trade who is in office on the day before the date of 
enactment of this Act shall continue to be such chief judge on or after 
such date until any one of the following events occurs:
            (1) The chief judge is relieved of his duties pursuant to 
        section 258(c) of title 28, United States Code.
            (2) The regular active status of the chief judge is 
        terminated.
            (3) The chief judge attains the age of seventy years.
            (4) The chief judge has served for a term of seven years as 
        chief judge.
When the chief judge vacates the position of chief judge pursuant to 
the preceding sentence, the position of chief judge of the Court of 
International Trade shall be filled in accordance with section 258(a) 
of title 28, United States Code.

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

    Section 140 of Public Law 97-92 (95 Stat. 1200) is repealed.

              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 paragraph (13);
            (2) by redesignating paragraph (11) as paragraph (12);
            (3) by redesignating paragraph (10) as paragraph (11);
            (4) by redesignating paragraph (9) as paragraph (10); and
            (5) by inserting after paragraph (8) the following 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 forfeiture 
                proceedings that result in deposits into the Fund 
                (except the expense of salaries of judges);
                    ``(ii) representation, pursuant to the provisions 
                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 
                reimbursement of the Defender Services appropriation 
                pursuant to section 3006A(f) of title 18; and
                    ``(iii) supervision by United States probation 
                officers of offenders under home detention or other 
                forms of confinement outside of Bureau 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 Department of Treasury Asset 
                Forfeiture Fund established by section 9703 of title 31 
                (hereafter referred 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 General 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 percent 
                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 fiscal year deposits into both 
                Funds; provided further, 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 subsection (q); and
            (2) by inserting after subsection (o) the following new 
        subsection:
    ``(p) Transfer to the Federal Judiciary.--In fiscal year 1994 and 
each year thereafter, an amount necessary 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 Judiciary 
from the Department of Justice Asset Forfeiture Fund.''.
    (c) Section 1931(a) of title 28 is amended by inserting ``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 judicial 
                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 agencies of the Judiciary 
                may make deposits into the Fund to meet their automatic 
                data processing 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 hereafter 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 inserting in 
                lieu thereof ``up to $1,000,000 from''; and
                    (D) by striking ``under subparagraph (c)(1)(B) for 
                purposes other than those established 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 Account''' and 
                inserting in lieu thereof ``fund established 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 inserting in 
        lieu thereof ``$150''.

SEC. 204. INCREASE IN ATTORNEY ADMISSION FEES.

    For fiscal year 1994 and thereafter, of each fee collected for 
admission of an attorney to practice, as prescribed 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 deposited 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 section 1931 of this 
title: Provided, however, That if the bankruptcy judge or magistrate 
judge elects, under section 2(c) of the Retirement and Survivors' 
Annuities for Bankruptcy 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 contributions 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:
``Sec. 2042. Withdrawal; intra-judicial transfers; transfer of 
              unclaimed money'';
            (2) by inserting ``(a)'' before the first paragraph; and
            (3) by striking out the second paragraph and inserting in 
        lieu thereof the following new subsections:
    ``(b)(1) In every case in which the right to withdraw money 
deposited in court under section 2041 has been adjudicated or is not in 
dispute and such money has remained so deposited for at least ninety 
(90) days unclaimed 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. Concurrent 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 paragraph (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 services 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 Administrative 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 related 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 applicants 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 section 3302(b) of title 31, the 
Director is authorized to provide 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 remain 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 administration of examinations for interpreters a 
provision which permits the contractor to collect and retain fees in 
payment 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 Arbitration.--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 utilize 
        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 fiscal 
        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 Judicial 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 inserting 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 inserting in 
        lieu thereof the following: ``The magistrate judge may not 
        proceed to try the case unless the defendant, after such 
        explanation, expressly consents to be tried before the 
        magistrate judge and expressly and specifically waives trial, 
        judgment, and sentencing by a judge of the district court. Any 
        such consent 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 powers 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 paragraph (3) 
        and inserting in lieu thereof a semicolon;
            (2) by redesignating paragraph (4) as paragraph (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 following new 
        paragraph:
            ``(4) the power to enter a sentence for a petty offense;''.

SEC. 304. REMOVAL OF CASES UNDER THE EMPLOYEE RETIREMENT INCOME -- 
              SECURITY ACT.

    Section 1445 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) A civil action in any State court may not be removed 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 Income Security Act of 1974.''.

SEC. 305. ELIMINATION OF IN-STATE PLAINTIFF IN DIVERSITY -- 
              JURISDICTION CASES.

    Section 1332 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(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 District 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 PERSONNEL ADMINISTRATION, BENEFITS, 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 inserting 
                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.............................
                                        20
    61.............................
                                        19
    62.............................
                                        18
    63.............................
                                        17
    64.............................
                                        16
    65.............................
                                        15
    66.............................
                                        14
    67.............................
                                        13
    68.............................
                                        12
    69.............................
                                        11
    70.............................
                                        10''.

SEC. 402. SENIOR JUDGE CERTIFICATION.

    (a) Retroactive Credit for Resumption of Significant Workload.--
Section 371(f)(3) of title 28, United States Code, is amended by 
striking out ``is thereafter ineligible to receive such a 
certification'' and inserting in lieu thereof ``may thereafter receive 
a certification for that year by satisfying the requirements of 
subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection 
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 aggregated 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' ANNUITIES 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 notification 
of his or her intention to come within the purview of this section, in 
accordance with paragraph (1) of subsection (a) of this section, shall 
be deemed thereby to consent 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 DEFERRED 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 salary','' and inserting in 
lieu thereof ``while receiving retirement salary, or after filing an 
election and otherwise complying with the conditions under subsection 
(b)(2) of this section,''.

SEC. 405. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF 
              ANNUITIES FOR TERRITORIAL 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 pursuant to 
recall under paragraph (2) of this subsection shall be paid, while 
performing such duties, the same compensation (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 follows:
    ``(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, continuous 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 otherwise, 
        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 aggregate 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 follows:
    ``(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 MATTERS.

    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 Director 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 RETIREMENT 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 
        subcommittee of the Senate or House of Representatives,'' 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 fifteen 
                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 paragraph (10); and
            (3) by inserting after paragraph (8) the following new 
        paragraph:
             ``(9) if approved by the district court, be authorized to 
        carry firearms under such rules and regulations 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 paragraph (14); and
            (2) by inserting after paragraph (12) the following new 
        paragraph:
            ``(13) If approved by the district court, be authorized to 
        carry firearms under such rules and regulations 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 residence'';
            (4) by inserting ``lodging and'' before ``subsistence'';
            (5) by inserting ``during travel'' after ``expenses''; 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 PROGRAM -- REAUTHORIZATION.

    Section 4(a) of the Contract Services for Drug Dependent 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 Procedure 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 ORGANIZATIONS.

    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 district'' in 
        the first sentence;
            (3) by striking out ``in which at least two hundred persons 
        annually require the appointment of counsel'' in the first 
        sentence;
            (4) by inserting after the first sentence ``A defender 
        organization shall be established for any district or part of a 
        district or combination of districts--
            ``(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 effective; 
                or
                    ``(ii) the interests of effective representation 
                otherwise require establishment of such an 
                organization.''; and
            (5) by striking out ``aggregate the number of persons 
        required to be represented to establish eligibility 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 following new paragraph:
            ``(4)(A) In any district which has not established a 
        federal defender organization pursuant to subsection (g) of 
        this section, the plan for the district may provide for the 
        establishment of a panel attorney support office to assist the 
        court in managing the panel of attorneys who provide 
        representation pursuant to the plan for the district. The panel 
        attorney support office shall provide advice to counsel 
        appointed pursuant to this section, maintain a list of members 
        of the panel, review vouchers for compensation pursuant to this 
        section prior to submission to judicial officers for approval, 
        coordinate training of members of the panel, and perform any 
        other duties in administering the plan for the district which 
        the court may delegate.
            ``(B) The district court shall appoint an administrator 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 subject 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 sentences of 
        paragraph (1); and
            (3) by striking out all that appears in paragraph (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 provided in paragraph (3) of this 
        subsection, the compensation to be paid to an attorney or to a 
        bar association or legal aid agency or community defender 
        organization shall not exceed the amount established by the 
        Judicial Conference for the type of proceeding in which 
        representation was provided.''.

SEC. 604. JUDICIAL CONFERENCE TO DETERMINE MAXIMUM 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 STUDENTS.

    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 subsection:
    ``(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 employee of a Federal Public Defender 
Organization in furnishing 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 counties of 
        Benton, Carroll, Jasper, Lake, Newton, Porter, Tippecanoe, 
        Warren, and White.
        Court for the Western Division shall be held at Lafayette 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 
appropriate.''.

SEC. 703. PLACE OF HOLDING COURT IN EASTERN DISTRICT 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 ``section 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 amended 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 administrator appointed under 
section 302(d)(3)(I) of the Bankruptcy Judges, United States Trustees, 
and Family Farmer 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 bankruptcy 
administrator's designee may preside at any meeting of equity security 
holders convened under section 341(b) of title 11, United States Code.
    (b) Examination of the Debtor.--The bankruptcy administrator or the 
bankruptcy administrator's designee may examine the debtor at the 
meeting of creditors 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, including costs and attorneys' fees, 
and, in appropriate circumstances, 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 summoned 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' personal property claims. The 
Director shall prescribe guidelines for the consideration of claims 
under this subsection.''.

SEC. 902. EXPANDED WORKERS' COMPENSATION COVERAGE 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 sequestration 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 exempt.''.
    (b) Conforming Amendment.--Section 1869 of title 28, United States 
Code, is amended by striking subsection (i) and redesignating 
subsequent subsections accordingly.

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 following: ``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 preceding sentence.''.

SEC. 905. TECHNICAL AMENDMENT RELATING TO THE JUDICIAL CONFERENCE.

    Section 331 of title 28, United States Code, is amended in the 
second paragraph by striking ``at the annual judicial conference of the 
circuit held pursuant to section 333 of this title''.

SEC. 906. TECHNICAL AMENDMENT RELATING TO THE DIRECTOR AND DEPUTY 
              DIRECTOR OF THE ADMINISTRATIVE 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 `officers' for the purposes of title 5.''.

SEC. 907. TECHNICAL AMENDMENT RELATING TO REMOVAL.

    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 (relating to 
        the Federal Employees' Retirement System),''.

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 perform 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 Supreme Court may 
be paid to the decedent's personal representative 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:
``Sec. 954. Vacancy in clerk position; absence of clerk; compensation 
              of deceased clerk of Supreme Court''.

SEC. 910. REGISTRATION OF JUDGMENTS FOR ENFORCEMENT 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 inserting in 
                lieu thereof ``court of appeals, district court, 
                bankruptcy court,''; and
                    (B) by striking ``such judgment'' and inserting in 
                lieu thereof ``the judgment''; and
            (2) by adding after the last paragraph the following:
    ``The procedure prescribed by this section is in addition to other 
procedures provided by law for the enforcement 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:
``Sec. 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 subsection (a) 
        and inserting in lieu thereof 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 magistrate judges in such numbers 
        and to serve at such locations within the judicial districts 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 
        magistrate judge were a United States district court.''; and
            (2) by inserting in the first sentence of paragraph (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 inserting in lieu 
        thereof ``any defendant is''; and
            (2) in section 1392--
                    (A) by repealing subsection (a);
                    (B) by striking out the subsection designator 
                ``(b)'' for the remaining subsection; and
                    (C) by striking out ``Defendants or property'' in 
                the chapter analysis and section title and inserting in 
                lieu thereof ``Property''.

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