[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1989 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1989

To make improvements in the operation and administration of the Federal 
                    courts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 1995

    Mr. Moorhead (for himself and Mrs. Schroeder) (both by request) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To make improvements in the operation and administration of the Federal 
                    courts, and for other purposes.
    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 1995''.
    (b) Table of Contents.--The following is the table of contents for 
this Act:

Sec. 1. Short title and table of contents.
                         TITLE I--CRIMINAL LAW

Sec. 101. New authority for probation and pretrial services officers.
Sec. 102. Transportation expenses for defendants.
Sec. 103. Federal substance abuse treatment program reauthorization.
              TITLE II--JUDICIAL FINANCIAL ADMINISTRATION

Sec. 201. Reimbursement of judiciary for civil and criminal forfeiture 
                            expenses.
Sec. 202. Increase in civil action filing fee.
Sec. 203. Increase in attorney admission fees.
Sec. 204. Transfer of retirement funds.
Sec. 205. Consolidation of unclaimed registry funds.
Sec. 206. Interpreter performance examination fees.
                TITLE III--JUDICIAL PROCESS IMPROVEMENTS

Sec. 301. Duties of magistrate judge on emergency assignment.
Sec. 302. Consent to trail in certain criminal actions.
Sec. 303. Removal of cases under the Employee Retirement Income 
                            Security Act.
Sec. 304. Elimination of in-state plaintiff diversity jurisdiction.
Sec. 305. Extension of statutory authority for magistrate judge 
                            positions to be established in the District 
                            Courts of Guam and the Northern Mariana 
                            Islands.
Sec. 306. Venue in civil actions.
Sec. 307. Registration of judgments for enforcement in other districts.
Sec. 308. Vacancy in clerk position; absence of clerk.
Sec. 309. Diversity jurisdiction.
TITLE IV--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

Sec. 401. Judicial retirement matters.
Sec. 402. Senior judge certification.
Sec. 403. Contribution rate for senior judges under the Judicial 
                            Survivors' Annuities System.
Sec. 404. Refund of contribution for deceased deferred annuitant under 
                            the Judicial Survivor's Annuities System.
Sec. 405. Disability retirement and cost-of-living adjustments of 
                            annuities for territorial judges.
Sec. 406. Federal Judicial Center personnel matters.
Sec. 407. Judicial administrative officials retirement matters.
Sec. 408. Bankruptcy judges reappointment procedure.
Sec. 409. Carrying of firearms.
Sec. 410. Commencement date of temporary judgeships.
Sec. 411. Full-time status of court reporters.
Sec. 412. Exemption from jury service.
Sec. 413. Expanded workers' compensation coverage for jurors.
Sec. 414. Property damage, theft, and loss claims of jurors.
Sec. 415. Court Interpreters Act.
Sec. 416. Article III status for the judgeship authorized for the 
                            Commonwealth of the Northern Mariana 
                            Islands.
Sec. 417. Annual leave limit for court unit executives.
        TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

Sec. 501. Parties' consent to bankruptcy judge's findings and 
                            conclusions of law.
Sec. 502. Enforcement of National Labor Relations Board orders.
Sec. 503. Qualification of chief judge of Court of International Trade.
Sec. 504. Judicial cost-of-living increases.
               TITLE VI--CRIMINAL JUSTICE ACT AMENDMENTS

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

Sec. 701. Place of holding court in the Southern District of New York.
Sec. 702. Place of holding court in the Eastern District of Texas.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. Technical amendment to 28 U.S.C. 331 (relating to the 
                            Judicial Conference).
Sec. 802. Technical amendment to 28 U.S.C. 601 (relating to the 
                            director and deputy director of the 
                            Administrative Office).
Sec. 803. Technical amendment to 28 U.S.C. 1446 (relating to removal).
Sec. 804. Technical amendment to 28 U.S.C. 627(b) (Federal Judicial 
                            Center retirement provisions).
                         TITLE I--CRIMINAL LAW

SEC. 101. 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 inserting a new paragraph (9) as follows:
            ``(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''; and
            (3) by redesignating paragraph (9) as paragraph (10).
    (b) Pretrial Services Officers.--Section 3154 of title 18, United 
States Code, is amended--
            (1) by inserting a new paragraph (13), as follows:
            ``(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.''; and
            (2) by redesignating paragraph (13) as paragraph (14).

SEC. 102. TRANSPORTATION EXPENSES FOR DEFENDANTS.

    The first sentence of section 4285 of title 18, United States Code 
is amended--
            (a) by deleting ``appear before the required court'';
            (b) by inserting ``(1)'' after ``fare for such 
        transportation'';
            (c) 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'';
            (d) by inserting ``lodging and'' before ``subsistence'';
            (e) by inserting ``during travel'' after ``expenses''; and
            (f) 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. 103. FEDERAL SUBSTANCE ABUSE TREATMENT PROGRAM REAUTHORIZATION.

    Section 4(a) of the Contract Services for Drug Dependent Federal 
Offenders Treatment Act of 1978, as amended, is amended by striking all 
after ``there are authorized to be appropriated'' and inserting in lieu 
thereof ``for fiscal year 1995 and each fiscal year thereafter such 
sums as may be necessary to carry out this Act.''.

              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)'':
            ``(9)(A) In fiscal year 1995 and each fiscal year 
        thereafter, an amount as specified in subparagraph (9)(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, United States Code, 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, United States Code; 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 the Treasury Asset 
                Forfeiture Fund established by section 9703 of title 
                31, United States Code (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 section ``(p)'' as section ``(q)''; 
        and
            (2) by inserting after section ``(o)'' the following new 
        section ``(p)'':
    ``(p) Transfer to the Federal Judiciary.--
            ``(1) In fiscal year 1994 and each year thereafter, an 
        amount necessary to meet the transfer requirements of section 
        524(c)(9) of title 28, United States Code, 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, United States Code'' after ``courts of the United 
States''.

SEC. 202. 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. 203. INCREASE IN ATTORNEY ADMISSION FEES.

    For fiscal year 1995 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. 204. 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, United States Code, shall be transferred to the fund established 
under section 1931 of title 28, United States Code: Provided, 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, United States Code, 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. 205. CONSOLIDATION OF UNCLAIMED REGISTRY FUNDS.

    Section 2042 of title 28, United States Code, is amended by--
            (a) amending the section heading to read as follows:
``Sec. 2042. Withdrawal; intra-judicial transfers; transfer of 
              unclaimed money''.
            (b) inserting ``(a)'' before the first paragraph; and
            (c) 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 subsection (b)(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 
subsection (b)(1) shall be deposited into the separate account entitled 
`Registry Administration Account' in the Treasury of the United States 
(as established by Public Law 100-459, title IV, sec. 400, 102 Stat. 
2211 (Oct. 1, 1988)). 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.''.
            (d) 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. 206. INTERPRETER PERFORMANCE EXAMINATION FEES.

    (a) Section 1827(g) of title 28, United States Code, is amended by 
renumbering paragraph (5) as (6) and insert a new subparagraph (5) as 
follows:
            ``(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 of the United 
States Code, 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 subparagraph (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 of the United States Code.

                TITLE III--JUDICIAL PROCESS IMPROVEMENTS

SEC. 301. 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. 302. 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):
            ``(4) the power to enter a sentence for a petty offense;''.

SEC. 303. REMOVAL OF CASES UNDER THE EMPLOYEE RETIREMENT INCOME 
              SECURITY ACT.

    Section 1445 of title 28 is amended by adding a 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 1132(a)(1)(B) of title 29.''.

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

    Section 1332 of title 28 is amended by adding 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.''.

SEC. 305. EXTENSION OF STATUTORY AUTHORITY FOR MAGISTRATE JUDGE 
              POSITIONS TO BE ESTABLISHED IN THE DISTRICT COURTS OF 
              GUAM AND THE NORTHERN MARIANA ISLANDS.

    Section 631 of title 28, United States Code, is amended--
            (a) 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
            (b) by inserting in the first sentence of paragraph (1) of 
        subsection (b) after ``Commonwealth of Puerto Rico,'' the 
        language ``the Territory of Guam, the Commonwealth of the 
        Northern Mariana Islands,''.

SEC. 306. VENUE IN CIVIL ACTIONS.

    Chapter 87 of title 28 (relating to district courts; venue) is 
amended by--
            (a) amending subsection (a)(3) of section 1391 by striking 
        out ``the defendants are'' and inserting in lieu thereof ``any 
        defendant is'';
            (b) in section 1392--
                    (1) repealing subsection (a);
                    (2) striking out the subsection designator ``(b)'' 
                for the remaining subsection; and
                    (3) striking out ``Defendants or property'' in the 
                chapter analysis and section title and inserting in 
                lieu thereof ``Property''.

SEC. 307. REGISTRATION OF JUDGMENTS FOR ENFORCEMENT IN OTHER DISTRICTS.

    (a) Section 1963 of title 28, United States Code, is amended--
            (1) in the first sentence, by striking ``district court'' 
        and inserting in lieu thereof ``court of appeals, district 
        court, bankruptcy court,'' and striking ``such judgment'' and 
        inserting in lieu thereof ``the judgment''; and
            (2) adding a new sentence after the last paragraph as 
        follows: ``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. 308. VACANCY IN CLERK POSITION; ABSENCE OF CLERK.

    (a) Section 954 of title 28, United States Code, is amended to read 
as follows:
``Sec. 954. Vacancy in clerk position; absence of clerk
    ``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) Section 954 of title 28, United States Code, is further amended 
by deleting the second paragraph of that section.
    (c) 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.''.
SEC. 309. 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 paragraph (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.

TITLE IV--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

SEC. 401. JUDICIAL RETIREMENT MATTERS.

    (a) 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) 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) 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 CONTRIBUTION FOR DECEASED DEFERRED ANNUITANT 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, is amended--
            (a) by amending subparagraph (c)(4) to read--
            ``(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.'';
            (b) by amending subsection (e) to read--
    ``(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 sixty-five years or upon 
relinquishing office if the judge is then beyond the age of sixty-five 
years,
            ``(i) 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
            ``(ii) 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
            (c) amending subsection (g) to read--
    ``(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 is amended--
            (a) 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''.
            (b) 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) Section 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) in paragraph (b), 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,''.

SEC. 408. BANKRUPTCY JUDGES REAPPOINTMENT PROCEDURE.

    (a) Section 120 of the Bankruptcy Amendments and Federal Judgeship 
Act of 1984, Public Law 98-353, as amended, is amended by adding a new 
subsection (a)(3) to read as follows:
            ``(3) When filling vacancies, the court of appeals may 
        consider reappointing incumbent bankruptcy judges under 
        procedures prescribed by regulations issued by the Judicial 
        Conference of the United States.''.
    (b) Section 120 of the Bankruptcy Amendments and Federal Judgeship 
Act of 1984, Public Law 98-353, 98 Stat. 343, as amended, is amended by 
adding at the end of subsection (b) of section 120 the following 
sentence: ``All incumbent nominees seeking reappointment thereafter may 
be considered for such a reappointment, pursuant to a majority vote of 
the judges of the appointing court of appeals, under procedures 
authorized by subsection (a)(3).''.

SEC. 409. CARRYING OF FIREARMS.

    (a) Chapter 21 of title 28, United States Code, is amended by 
adding at the end thereof a new section 464, as follows:
``Sec. 464. Carrying of firearms by judicial officers
    ``(a) A judicial officer of the United States is authorized to 
carry firearms, whether concealed or not, under regulations promulgated 
by the Judicial Conference of the United States.
    ``(b) A judicial officer of the United States who possesses or uses 
a firearm carried under the authority of this section and the 
regulations promulgated thereunder is immune from any civil suit 
arising out of such possession or usage to the maximum extent provided 
by the common law.
    ``(c) For purposes this section, the term `judicial officer of the 
United States' means a justice or judge of the United States as defined 
in section 451 of this title; a United States bankruptcy judge; a full-
time or part-time United States magistrate; a judge of the United 
States Court of Federal Claims; a judge of the United States District 
Court of Guam; a judge of the United States District Court for the 
Northern Mariana Islands; a judge of the United States District Court 
of the Virgin Islands; and an individual who is receiving a retirement 
annuity based on service in any of the foregoing judicial positions.''.
    (b) The table of contents for chapter 21 of title 28, United States 
Code, is amended by inserting at the end thereof the following:

``464. Carrying of firearms by judicial officers.''.
SEC. 410. COMMENCEMENT DATE OF TEMPORARY JUDGESHIPS.

    The last paragraph of section 203(c), Public Law 101-650, is 
amended to read as follows: ``The first vacancy in the office of 
district judge in each of the judicial districts named in this 
subsection, occurring five years or more after the confirmation date of 
the judge named to fill a temporary judgeship created by this Act, 
shall not be filled.''

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

    Sections 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. 412. 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 repealing subsection (i) and redesignating 
subsequent subsections accordingly.

SEC. 413. 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. 414. 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. 415. COURT INTERPRETERS ACT.

    Section 1827 of title 28, United States Code, is amended by adding 
at the end thereof the following subsection:
                            ``(I) Notwithstanding any other provision 
                        of this section or section 1828 of title 28, 
                        United States Code, to the contrary, the 
                        presiding judicial officer may, but is not 
                        required to, appoint a certified or otherwise 
                        qualified sign language interpreter to provide 
                        services to a party, witness or other 
                        participant in a judicial proceeding, whether 
                        or not the proceeding is instituted by the 
                        United States, if the presiding judicial 
                        officer determines, on such officer's own 
                        motion or on the motion of a party or other 
                        participant in the proceeding that such 
                        individual suffers from a hearing impairment. 
                        The presiding judicial officer shall, subject 
                        to the availability of appropriated funds, 
                        approve the compensation and expenses payable 
                        to sign language interpreters appointed under 
                        this section in accordance with the schedule of 
                        fees prescribed by the Director under 
                        subsection (b)(3) of this section.''.

SEC. 416. ARTICLE III STATUS FOR THE JUDGESHIP AUTHORIZED FOR THE 
              COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

    (a) Section 41 of title 28, United States Code, is amended by 
adding the words ``Northern Mariana Islands'' at the end of the listing 
of the Ninth Circuit.
    (b) A new section 114A of title 28, United States Code, is enacted 
to read as follows:
``Sec. 114A. Northern Mariana Islands
    ``The Northern Mariana Islands constitute one judicial district. 
Court shall be held at Saipan.''.
    (c) Section 133 of title 28, United States Code, is amended by 
inserting the words ``Northern Mariana Islands--------1'' between the 
listing of North Dakota and Ohio.
    (d) Paragraph (2) of subsection (a) of section 152 of title 28, 
United States Code, is amended by inserting the words ``Northern 
Mariana Island--------O'' between the listings of North Dakota and 
Ohio.
    (e) The first sentence of paragraph (4) of subsection (a) of 
section 152 of title 28, United States Code, is amended by inserting 
the words ``and the Commonwealth of the Northern Mariana Islands'' 
after the word ``territories''.
    (f) A new section 298 of title 28, United States Code, is enacted 
to read as follows:
``Sec. 298. Assignment to the United States District Court for the 
              Northern Mariana Islands
    ``In addition to the judges authorized to be designated by sections 
291 and 292 of title 28, United States Code, the Chief Judge of the 
United States Court of Appeals for the Ninth Circuit may assign judges 
of courts of record of the Northern Mariana Islands or Guam, including 
a judge of the District Court of Guam who is appointed by the President 
or a recalled senior judge of the District Court of Guam, to serve 
temporarily as a judge in the United States District Court for the 
Northern Mariana Islands whenever such an assignment is necessary for 
the proper dispatch of the business of the court. Such designated 
judges shall have the powers of a magistrate judge under section 636 of 
title 28, United States Code.''.
    (g) The third sentence of section 333 of title 28, United States 
Code, is amended by striking out the words ``and the District Court of 
the Northern Mariana Islands'' and inserting the word ``and'' 
immediately before the words ``the District Court of the Virgin 
Islands''.
    (h) Subsections (a) and (e) of section 373 of title 28, United 
States Code, is amended by striking out the words ``the District Court 
of the Northern Mariana Islands,''.
    (i) Subparagraph (B) of paragraphs (1) and (2) of subsection (a) of 
section 376 of title 28, United States Code, is amended by striking out 
the words ``the District Court of the Northern Mariana Islands,''.
    (j) The amendments made by the foregoing subsections ---- to ---- 
of this Act shall not affect the rights of any judge who may have 
retired before the effective date of this Act. Service as a judge of 
the District Court of the Northern Mariana Islands shall be included in 
computing under sections 371, 372, 373, and 376 of title 28, United 
States Code, the aggregate years of judicial service of any person who 
is in office as a district judge for the District of the Northern 
Mariana Islands on the date of enactment of this Act. The term of 
office of any such judge shall terminate upon a vacancy in the office 
by expiration of the term or otherwise. Upon such termination, the 
President shall appoint, by and with the consent of the Senate, a judge 
for the district who shall hold office during good behavior.
    (k) Subsection (a) of section 541 of title 28, United States Code, 
is amended by striking out the word ``district.'' and substituting 
therefore the words ``district, except that any United States attorney 
appointed for the Northern Mariana Islands may at the same time serve 
as United States attorney in another judicial district.''. Section 541 
of title 28, United States Code, is further amended by redesignating 
current subsection (c) to be subsection (d) and inserting new 
subsection (c) to read as follows:
    ``(c) If the President appoints a United States attorney for the 
Northern Mariana Islands who at that time is serving in the same 
capacity in another district, the appointment shall, without prejudice 
to a subsequent appointment, be for the unexpired term of such United 
States attorney.''.
    (l) Subsection (d) of section 561 of title 28, United States Code, 
is amended by inserting at the end thereof the words ``If the President 
appoints a marshal for the Northern Mariana Islands who at that time is 
serving in the same capacity in another district, the appointment 
shall, without prejudice to a subsequent appointment, be for the 
unexpired term of such marshal.''.
    (m) Paragraph (1) of subsection (b) of section 631 of title 28, 
United States Code, is amended by inserting the words ``the 
Commonwealth of the Northern Mariana Islands,'' after the words 
``Puerto Rico''.
    (n) Subparagraph (A) of paragraph (4) of subsection (d) of section 
1292 of title 28, United States Code, is amended by striking out the 
words ``or the District Court of
 the Northern Mariana Islands,'' and inserting the word ``or'' 
immediately after the word ``Guam,''.
    (o) Paragraphs (1) and (2) of subsection (a) of section 1295 of 
title 28, United States Code, is amended by striking out the words ``or 
the District Court of the Northern Mariana Islands,'' and inserting the 
work ``or'' immediately after the word ``Guam,''.
    (p) Subsection (d) of section 1332 of title 28, United States Code, 
is amended by adding at the end the words ``, and the Commonwealth of 
the Northern Mariana Islands'' and striking the word ``and'' after the 
words ``District of Columbia,''.
    (q) Subsection (e) of section 2901 of title 28, United States Code, 
is amended by adding ``or the Commonwealth of the Northern Mariana 
Islands,'' immediately after the words ``Puerto Rico,'' and striking 
the word ``or'' after ``Canal Zone.''
    (r) Subsection (a) of section 1694c of title 48, United States 
Code, is amended by striking out the words ``, unless those cases are 
reviewable in the District Court for the Northern Mariana Islands 
pursuant to section 1694b of this title''.
    (s) Subsection (a) of section 1694c of title 48, United States 
Code, is renumbered as new section 1694 of title 48, United States Code 
and the heading is amended by striking the words ``; applicability of 
statutory provisions''.
    (t) The following sections and subsections of title 48, United 
States Code, are repealed: 1694, 1694a, 1694b, 1694c(b), 1694d, and 
1694e.

SEC. 417. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECUTIVES.

    Section 6304(f) of title 5 is amended to read as follows:
                    ``(F) The Judicial Branch designated as a court 
                unit executive position by the Judicial Conference of 
                the United States.''.

        TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

SEC. 501. 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 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 submit 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. A party shall be deemed to consent to the 
findings of fact and conclusions of law submitted by a bankruptcy judge 
unless the party files a timely objection. If a timely objection is not 
filed, the proposed findings of fact and conclusions of law submitted 
by the bankruptcy judge shall become final and the bankruptcy judge 
shall enter an appropriate order thereon.''.

SEC. 502. ENFORCEMENT OF NATIONAL LABOR RELATIONS BOARD ORDERS.

    Section 10 of the National Labor Relations Act (29 U.S.C. 160) is 
amended--
            (a) in subsection (e)--
                    (1) by striking out the first sentence;
                    (2) 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
                    (3) 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'';
            (b) in subsection (f)--
                    (1) in the first sentence by inserting ``, within 
                30 days after the date of the order,'' after ``by 
                filing in such court''; and
                    (2) by striking out the last sentence;
            (c) by redesignating subsections (e) and (f) as subsections 
        (f) and (e), respectively, and by reversing the order of such 
        subsections;
            (d) in subsection (g), by striking out ``or (f)''; and
            (e) 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. 503. 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 judge; 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:
                    (B) by adding at the end the following:
``Sec. 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.

               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--
            (a) by striking out ``A'' at the beginning of the first 
        sentence, and inserting in lieu thereof ``Any'';
            (b) by striking out ``a'' before ``part of a district'' in 
        the first sentence;
            (c) by striking out ``in which at least two hundred persons 
        annually require the appointment of counsel'' in the first 
        sentence;
            (d) 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
            (e) 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 a new paragraph (4):
            ``(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--
            (a) 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.'';
            (b) by striking out the third and fourth sentences of 
        paragraph (1); and
            (c) 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 
        organizer 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--
            (a) in subparagraphs (A) and (B) of paragraph (2), by 
        striking ``$300'' and inserting in lieu thereof ``an amount 
        established by the Judicial Conference''; and
            (b) 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 
the following new subsection (o):
    ``(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, United States Code.''.

                   TITLE VII--PLACES OF HOLDING COURT

SEC. 701. 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: ``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. 702. PLACE OF HOLDING COURT IN THE EASTERN DISTRICT OF TEXAS.

    (a) 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) Sections 83(b)(1) and 124(c)(6) of title 28, United States 
Code, are amended by adding to the end of the last sentence: ``, and 
may be held anywhere within the Federal courthouse in Texarkana that is 
located astride the State line between Texas and Arkansas''.

                       TITLE VIII--MISCELLANEOUS

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

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

SEC. 802. TECHNICAL AMENDMENT TO 28 U.S.C. 601 (RELATING TO THE 
              DIRECTOR AND DEPUTY DIRECTOR OF THE ADMINISTRATIVE 
              OFFICE).

    Seciton 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, United 
States Code.''.

SEC. 803. TECHNICAL AMENDMENT TO 28 U.S.C. 1446 (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. 804. TECHNICAL AMENDMENT TO 28 U.S.C. 627(b) (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,''.
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