[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1101 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1101

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 1 (legislative day, July 10), 1995

  Mr. Hatch (for himself and Mr. Heflin) (by request) introduced the 
 following bill; which was read twice and 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Courts 
Improvement Act of 1995''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; 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 trial in certain criminal actions.
Sec. 303. Removal of cases under the Employee Retirement Income 
                            Security Act.
Sec. 304. Elimination of in-State plaintiff in diversity jurisdiction 
                            cases.
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 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.
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.
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 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 Eastern District of Texas.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. District judges summoned to the Judicial Conference.
Sec. 802. The Director and Deputy Director of the Administrative Office 
                            as officers of the United States.
Sec. 803. Removal of action from State court.
Sec. 804. Federal Judicial Center employee 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 out ``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. 102. TRANSPORTATION EXPENSES FOR DEFENDANTS.

    Section 4285 of title 18, United States Code, is amended to read as 
follows:
``Sec. 4285. Persons released pending further judicial proceedings
    ``(a) Any judge or magistrate of the United States, when ordering a 
person released under chapter 207 on a condition of his subsequent 
appearance before that court, any division of that court, or any court 
of the United States in another judicial district in which criminal 
proceedings are pending, may, when the interests of justice would be 
served thereby and the United States judge or magistrate is satisfied, 
after appropriate inquiry, that the defendant is financially unable to 
provide the necessary transportation on his own, direct the United 
States marshal to arrange for that person's means of noncustodial 
transportation or furnish the fare for such transportation--
            ``(1) to the place where his appearance is required;
            ``(2) to enable the defendant to consult with his attorney; 
        or
            ``(3) to return to the place of his arrest or bona fide 
        residence.
    ``(b) In addition to an order under subsection (a), such judge or 
magistrate may direct the United States marshal to furnish such person 
with an amount of money for lodging and subsistence expenses during 
travel to his destination, during any proceeding at which his 
appearance is required, or during the time he is consulting with 
counsel, not to exceed the amount authorized as a per diem allowance 
for travel under section 5702(a) of title 5.
    ``(c) When ordered or directed as provided under subsection (a) or 
(b), such expenses shall be paid by the marshal out of funds authorized 
by the Attorney General for such expenses.''.

SEC. 103. FEDERAL SUBSTANCE ABUSE TREATMENT PROGRAM REAUTHORIZATION.

    Section 4(a) of the Contract Services for Drug Dependent Federal 
Offenders Treatment Act of 1978 (Public Law 95-537; 92 Stat. 2038) 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) Transfer of Funds.--Section 524(c) of title 28, United States 
Code, is amended--
            (1) by redesignating paragraphs (9) through (12) as 
        paragraphs (10) through (13), respectively; and
            (2) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9)(A) In fiscal year 1995 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, under 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 
                under 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)(i) Subject to clauses (ii), (iii), and (iv), the 
        amount to be transferred 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 under section 9703 of title 31 (hereafter in 
        this subparagraph referred to as `both Funds'), and such total 
        amount--
                    ``(I) shall not exceed the statement of costs 
                incurred by the Judiciary in providing the services 
                identified under 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; and
                    ``(II) 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.
            ``(ii) 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.
            ``(iii) 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.
            ``(iv) The amount to be transferred 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) Treasury Forfeiture Fund.--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 fiscal 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 under such section for transfers to the Judiciary 
from the Department of Justice Asset Forfeiture Fund.''.
    (c) Disposition of Filing Fees.--Section 1931(a) of title 28, 
United States Code, is amended by inserting ``or other judicial 
services including services provided under section 3006A of title 18'' 
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 out ``$120'' and inserting in lieu 
thereof ``$150''.
    (b) Disposition of Increase.--Section 1931 of title 28, United 
States Code, is amended--
            (1) in subsection (a) by striking out ``$60'' and inserting 
        in lieu thereof ``$90''; and
            (2) in subsection (b)--
                    (A) by striking out ``$120'' and inserting in lieu 
                thereof ``$150''; and
                    (B) by striking out ``$60'' and inserting in lieu 
                thereof ``$90''.

SEC. 203. INCREASE IN ATTORNEY ADMISSION FEES.

    Beginning in fiscal year 1995 and each fiscal year thereafter, of 
each fee collected for admission of an attorney to practice, as 
prescribed by the Judicial Conference of the United States under 
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 under 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) Transfer of Retirement Funds.--(1) Subject to paragraph (2), 
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.
    ``(2) 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. 205. CONSOLIDATION OF UNCLAIMED REGISTRY FUNDS.

    (a) In General.--Section 2042 of title 28, United States Code, is 
amended by--
            (1) amending the section heading to read as follows:
``Sec. 2042. Withdrawal; intrajudicial transfers; transfer of unclaimed 
              money'';
            (2) inserting ``(a)'' before the first paragraph; and
            (3) 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 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 under paragraph (1) shall be 
treated in the same manner as interest earned on funds deposited in a 
court's registry. Any funds collected by the Judiciary after the 
effective date of this subsection as a charge for services rendered in 
administering the funds deposited under paragraph (1) shall be 
deposited into the Registry Administration Account established under 
the subheading `salaries and expenses' under the heading `Courts of 
Appeals, District Courts, and Other Judicial Services' of the Judiciary 
Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2211; 28 U.S.C. 
2041 note). 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 under subsection (b)(1) has 
remained deposited under the authority and control of the Director for 
at least 5 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 under 
section 604(f) of this title.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 129 of title 28, United States Code, is amended by amending the 
item relating to section 2042 to read as follows:

``2042. Withdrawal; intrajudicial transfers; transfer of unclaimed 
                            money.''.
SEC. 206. INTERPRETER PERFORMANCE EXAMINATION FEES.

    (a) In General.--Section 1827(g) of title 28, United States Code, 
is amended by redesignating paragraph (5) as paragraph (6) and 
inserting after paragraph (4) the following new paragraph:
    ``(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 collected after the effective date of this 
paragraph 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) Payment for Contractual Services.--Notwithstanding sections 
3302(b), 1341, and 1517 of title 31, United States Code, the Director 
of the Administrative Office of the United States may include in any 
contract for the development or administration of examinations for 
interpreters (including such a contract entered into before the date of 
the enactment of this Act) a provision which permits the contractor to 
collect and retain fees in payment for contractual services in 
accordance with section 1827(g)(5) of title 28, 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 out ``(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 out 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. 303. 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 thereof the following new subsection:
    ``(e) 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 Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1132(a)(1)(B)).''.

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

    Section 1332 of title 28, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) 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--
            (1) in subsection (a) by striking out the first two 
        sentences and inserting in lieu thereof: ``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) in subsection (b)(1) in the first sentence by inserting 
        ``the Territory of Guam, the Territory of the Northern Mariana 
        Islands,'' after ``Commonwealth of Puerto Rico,''.

SEC. 306. VENUE IN CIVIL ACTIONS.

    (a) Venue Generally.--Section 1391(a)(3) of title 28, United States 
Code, is amended by striking out ``the defendants are'' and inserting 
in lieu thereof ``any defendant is''.
    (b) Property in Different Districts in Same State.--(1) Section 
1392 of title 28, United States Code, is amended--
            (A) by amending the section heading to read as follows:
``Sec. 1392. Property in different districts in same State'';
            (B) by striking out subsection (a); and
            (C) in subsection (b) by striking out ``(b)''.
    (2) The table of sections for chapter 87 of title 28, United States 
Code, is amended by amending the item relating to section 1392 to read 
as follows:

``1392. Property in different districts in same State.''.
SEC. 307. REGISTRATION OF JUDGMENTS FOR ENFORCEMENT IN OTHER DISTRICTS.

    (a) In General.--Section 1963 of title 28, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 1963. Registration of judgments for enforcement in other 
              districts'';
            (2) in the first sentence--
                    (A) by striking out ``district court'' and 
                inserting in lieu thereof ``court of appeals, district 
                court, bankruptcy court,''; and
                    (B) by striking out ``such judgment'' and inserting 
                in lieu thereof ``the judgment''; and
            (3) by adding at the end thereof the following new 
        undesignated paragraph:
            ``The procedure prescribed under this section is in 
        addition to other procedures provided by law for the 
        enforcement of judgments.''.
    (b) Technical and Conforming Amendment.--The table of sections 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.''.
SEC. 308. VACANCY IN CLERK POSITION; ABSENCE OF CLERK.

    (a) In General.--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) Technical and Conforming Amendment.--The table of sections 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) In General.--Section 1332 of title 28, United States Code (as 
amended by section 304 of this Act), is further 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 (e) as subsection (f); and
            (4) by inserting after subsection (d) the following new 
        subsection:
    ``(e)(1) Effective on January 1 of each year that immediately 
follows a year evenly divisible by 5, the amounts specified under 
subsection (a) of this section shall be increased by the percent change 
published in the Federal Register during the preceding year under 
paragraph (2) of this subsection. The amount shall be rounded up or 
down to the nearest $5,000.
    ``(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) First Increase in Diversity Jurisdiction Amounts.--The first 
increase under section 1332(e) of title 28, United States Code (as 
added by subsection (a) of this section), shall be made effective on 
January 1, 2000.
    (c) Effective Date.--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.

    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 thereof the following new 
                paragraph:
    ``(2) The age and service requirements for retirement under 
subsection (b)(1) are as follows:

                                                               Years of
``Attained age:                                                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 1 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 under this subparagraph for less than 
the full year, one-half of such work may be aggregated with work 
described under 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 
striking out ``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 15 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 15 years, to receive during the remainder 
        of such judge's life an annuity equal to that proportion of 
        such salary which the aggregate number of such judge's years of 
        service bears to 15.
    ``(2) Any judge of the District Court of Guam, the District Court 
of the Northern Mariana Islands, or the District Court of the Virgin 
Islands who has served at least 5 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 10 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 15.''; 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 striking out ``Servive'' and inserting in lieu 
        thereof ``Service''.

SEC. 407. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT MATTERS.

    (a) Director of the Administrative Office of the United States 
Courts.--
            (1) Section 611(b) of title 28, United States Code, is 
        amended--
                    (A) in the first undesignated paragraph by striking 
                out ``who has served at least fifteen years and'' and 
                inserting in lieu thereof ``who has at least 15 years 
                of service and has''; and
                    (B) in the second undesignated paragraph by 
                striking out ``who has served at least ten years,'' and 
                inserting in lieu thereof ``who has at least 10 years 
                of service,''.
            (2) Section 611(c) of title 28, United States Code, is 
        amended--
                    (A) by striking out ``served at least fifteen 
                years,'' and inserting in lieu thereof ``at least 15 
                years of service,''; and
                    (B) by striking out ``served less than fifteen 
                years,'' and inserting in lieu thereof ``less than 15 
                years of service,''.
            (3) Section 611(d) of title 28, United States Code, is 
        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,''.
    (b) Employees of the Administrative Office of the United States 
Courts.--(1) Section 627(c) of title 28, United States Code, is 
amended--
            (A) in the first undesignated paragraph by striking out 
        ``who has served at least fifteen years and'' and inserting in 
        lieu thereof ``who has at least 15 years of service and has''; 
        and
            (B) in the second undesignated paragraph by striking out 
        ``who has served at least ten years,''
         and inserting in lieu thereof ``who has at least 10 years of 
service,''.
    (2) Section 627(d) of title 28, United States Code, is amended--
            (A) by striking out ``served at least fifteen years,'' and 
        inserting in lieu thereof ``at least 15 years of service,''; 
        and
            (B) by striking out ``served less than fifteen years,'' and 
        inserting in lieu thereof ``less than 15 years of service,''.
    (3) Section 627(e) of title 28, United States Code, is 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,''.

SEC. 408. BANKRUPTCY JUDGES REAPPOINTMENT PROCEDURE.

    Section 120 of the Bankruptcy Amendments and Federal Judgeship Act 
of 1984 (Public Law 98-353; 98 Stat. 344), is amended--
            (1) in subsection (a) by adding at the end thereof the 
        following new paragraph:
    ``(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.''; 
and
            (2) in subsection (b) by adding at the end thereof the 
        following: ``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 under subsection 
        (a)(3).''.

SEC. 409. CARRYING OF FIREARMS.

    (a) In General.--Chapter 21 of title 28, United States Code, is 
amended by adding at the end thereof the following new section:
``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 of this section, the term `judicial officer of 
the United States' means--
            ``(1) a justice or judge of the United States as defined in 
        section 451 of this title;
            ``(2) a United States bankruptcy judge;
            ``(3) a full-time or part-time United States magistrate;
            ``(4) a judge of the United States Court of Federal Claims;
            ``(5) a judge of the United States District Court of Guam;
            ``(6) a judge of the United States District Court for the 
        Northern Mariana Islands;
            ``(7) a judge of the United States District Court of the 
        Virgin Islands; or
            ``(8) an individual who is receiving a retirement annuity 
        based on service in any of the judicial positions described 
        under paragraphs (1) through (7).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 21 of title 28, United States Code, is amended by adding at the 
end thereof the following:

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

    Section 203(c) of the Civil Justice Reform Act of 1990 (Public Law 
101-650; 104 Stat. 5101; 28 U.S.C. 133 note) is amended by striking out 
the last sentence and inserting in lieu thereof ``The first vacancy in 
the office of district judge in each of the judicial districts named in 
this subsection, except the Western District of Michigan, occurring 5 
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.

    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 under the preceding sentence.''.

SEC. 412. EXEMPTION FROM JURY SERVICE.

    (a) Members of the Armed Forces.--Section 1863(b)(6) 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--
            (1) by striking out subsection (i); and
            (2) by redesignating subsections (j) through (l) as 
        subsections (i) through (k), respectively.

SEC. 413. EXPANDED WORKERS' COMPENSATION COVERAGE FOR JURORS.

    Section 1877(b)(2) of title 28, United States Code, is amended--
            (1) by striking out ``or'' at the end of subparagraph (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 subparagraph (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.

    Section 1827 of title 28, United States Code, is amended by adding 
at the end thereof the following new subsection:
    ``(l) Notwithstanding any other provision of this section or 
section 1828 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) Composition of Ninth Circuit.--Section 41 of title 28, United 
States Code, is amended in the matter relating to the ninth circuit by 
inserting ``, Northern Mariana Islands'' after ``Hawaii''.
    (b) Establishment of Judicial District.--(1) Chapter 5 of title 28, 
United States Code, is amended by inserting after section 114 the 
following new section:
``Sec. 114A. Northern Mariana Islands
    ``The Northern Mariana Islands constitute one judicial district. 
Court shall be held at Saipan.''.
    (2) The table of sections for chapter 5 of title 28, United States 
Code, is amended by inserting after the item relating to section 114 
the following:

``114A. Northern Mariana Islands.''.
    (c) District Judge.--Section 133(a) of title 28, United States 
Code, is amended by inserting after the item relating to North Dakota 
the following:

``Northern Mariana Islands..................................       1''.
    (d) Bankruptcy Judge.--Section 152(a) of title 28, United States 
Code, is amended--
            (1) in paragraph (2) by inserting after the item relating 
        to North Dakota the following:

``Northern Mariana Islands..................................       0'';
        and
            (2) in paragraph (4) in the first sentence by inserting 
        ``and the Commonwealth of the Northern Mariana Islands'' after 
        ``territories''.
    (e) Assignment of Judges.--(1) Chapter 13 of title 28, United 
States Code, is amended by adding after section 297 the following new 
section:
``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, 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.''.
    (2) The table of sections for chapter 13 of title 28, United States 
Code, is amended by adding after the item relating to section 297 the 
following:

``298. Assignment to the United States District Court for the Northern 
                            Mariana Islands.''.
    (f) Judicial Conferences of Circuits.--Section 333 of title 28, 
United States Code, is amended in the third sentence of the first 
undesignated paragraph by striking out ``the District Court of the 
Virgin Islands, and the District Court of the Northern Mariana 
Islands'' and inserting in lieu thereof ``and the District Court of the 
Virgin Islands''.
    (g) Judge in Territories and Possessions.--Section 373 of title 28, 
United States Code, is amended--
            (1) in subsection (a) by striking out ``the District Court 
        of the Northern Mariana Islands,''; and
            (2) in subsection (e) by striking out ``the District Court 
        of the Northern Mariana Islands,''.
    (h) Annuities for Survivors of Certain Judicial Officials of the 
United States.--Section 376(a) of title 28, United States Code, is 
amended--
            (1) in paragraph (1)(B) by striking out ``, the District 
        Court of the Northern Mariana Islands,''; and
            (2) in paragraph (2)(B) by striking out ``, the District 
        Court of the Northern Mariana Islands,''.
    (i) Savings Provisions.--The amendments made by subsections (a) 
through (h) of this section shall not affect the rights of any judge 
who may have retired before the effective date of this section. 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 effective date of this section. 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.
    (j) United States Attorney.--Section 541 of title 28, United States 
Code, is amended--
            (1) in subsection (a) by inserting before the period the 
        following: ``, 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''; and
            (2) by redesignating subsection (c) as subsection (d) and 
        inserting after subsection (b) the following:
    ``(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.''.
    (k) United States Marshals Service.--Section 561(d) of title 28, 
United States Code, is amended by adding after the second sentence the 
following: ``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.''.
    (l) United States Magistrates.--Section 631(b)(1) of title 28, 
United States Code, is amended by inserting ``the Commonwealth of the 
Northern Mariana Islands,'' after ``Puerto Rico,''.
    (m) Interlocutory Decisions.--Section 1292(d)(4)(A) of title 28, 
United States Code, is amended by striking out ``, the District Court 
of the Virgin Islands, or the District Court for the Northern Mariana 
Islands,'' and inserting in lieu thereof ``, or the District Court of 
the Virgin Islands,''.
    (n) Jurisdiction of the United States Court of Appeals for the 
Federal Circuit.--Section 1295(a) of title 28, United States Code, is 
amended--
            (1) in paragraph (1) by striking out ``, the District Court 
        of the Virgin Islands, or the District Court for the Northern 
        Mariana Islands,'' and inserting in lieu thereof ``, or the 
        District Court of the Virgin Islands,''; and
            (2) in paragraph (2) by striking out ``, the District Court 
        of the Virgin Islands, or the District Court for the Northern 
        Mariana Islands,'' and inserting in lieu thereof ``, or the 
        District Court of the Virgin Islands,''.
    (o) Diversity Jurisdiction.--Section 1332(f) of title 28, United 
States Code (as redesignated by section 309 of this Act), is amended by 
striking out ``, and the Commonwealth of Puerto Rico'' and inserting in 
lieu thereof ``, the Commonwealth of Puerto Rico, and the Commonwealth 
of the Northern Mariana Islands''.
    (p) Civil Commitment and Rehabilitation and Narcotic of Addicts.--
Section 2901(e) of title 28, United States Code, is amended by striking 
out ``or the Commonwealth of Puerto Rico,'' and inserting in lieu 
thereof ``the Commonwealth of Puerto Rico, or the Commonwealth of the 
Northern Mariana Islands,''.
    (q) Northern Mariana Islands Judicial Provisions.--The Act of 
November 8, 1977 (Public Law 95-157; 91 Stat. 1265) as amended, is 
further amended--
            (1) in section 4(a) (48 U.S.C. 1824(a))--
                    (A) by striking out ``(a)'';
                    (B) by striking out all beginning with ``, unless 
                those cases are reviewable in the District Court for 
                the Northern Mariana Islands'' through the period and 
                inserting in lieu thereof a period; and
                    (C) by striking out subsection (b); and
            (2) by striking out--
                    (A) the first section (48 U.S.C. 1821);
                    (B) section 2 (48 U.S.C. 1822);
                    (C) section 3 (48 U.S.C. 1823);
                    (D) section 5 (48 U.S.C. 1825); and
                    (E) section 6 (48 U.S.C. 1826).

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

    Section 6304(f)(1) of title 5, United States Code, is amended--
            (1) in subparagraph (D) by striking out ``or'';
            (2) in subparagraph (E) by striking out the period and 
        inserting in lieu thereof a semicolon and ``or''; and
            (3) by adding after subparagraph (E) the following new 
        subparagraph:
                    ``(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--
            (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 this subsection, 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 inserting subsection (f) (as 
        so redesignated) to follow subsection (e) (as so redesignated);
            (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. 503. QUALIFICATION OF CHIEF JUDGE OF COURT OF INTERNATIONAL TRADE.

    (a) In General.--Chapter 11 of title 28, United States Code, is 
amended by adding at the end thereof the following new section:
``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 under 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 1 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 1 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 under subparagraph (C), the chief judge 
serving under paragraph (1) shall serve for a term of 7 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 under 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 such judge 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 the 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 the duties 
as such, such duties shall be performed by the judge of the court in 
active service, able and qualified to act, who is next in 
precedence.''.
    (b) Technical and Conforming Amendments.--Chapter 11 of title 28, 
United States Code, is amended--
            (1) in section 251 by striking out subsection (b) and 
        redesignating subsection (c) as subsection (b);
            (2) in section 253--
                    (A) by amending the section heading to read as 
                follows:
``Sec. 253. Duties of chief judge.'';
                and
                    (B) by striking out subsections (d) and (e); and
            (3) in the table of sections for chapter 11 of title 28, 
        United States Code--
                    (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 thereof the following:

``258. Chief judges; precedence of judges.''.
    (c) Application.--(1) Notwithstanding the provisions of section 
258(a) of title 28, United States Code (as added by subsection (a) of 
this section), 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:
            (A) The chief judge is relieved of his duties under section 
        258(c) of title 28, United States Code.
            (B) The regular active status of the chief judge is 
        terminated.
            (C) The chief judge attains the age of 70 years.
            (D) The chief judge has served for a term of 7 years as 
        chief judge.
    (2) When the chief judge vacates the position of chief judge under 
paragraph (1), 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. 504. JUDICIAL COST-OF-LIVING INCREASES.

    Section 140 of the resolution entitled ``A Joint Resolution making 
further continuing appropriations for the fiscal year 1982, and for 
other purposes.'', approved December 15, 1981 (Public Law 97-92; 95 
Stat. 1200; 28 U.S.C. 461 note) is repealed.

                 TITLE VI--CRIMINAL JUSTICE AMENDMENTS

SEC. 601. ESTABLISHMENT OF FEDERAL DEFENDER ORGANIZATIONS.

    Section 3006A(g)(1) of title 18, United States Code, is amended to 
read as follows:
            ``(1) Qualifications.--(A) Any district or part of a 
        district may establish a defender organization as provided for 
        either under subparagraph (A) or (B) of paragraph (2) of this 
        subsection or both. A defender organization shall be 
        established for any district or part of a district or 
        combination of districts--
                    ``(i) in which more than 200 persons annually 
                require the appointment of counsel; or
                    ``(ii) 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.
            ``(B) Two adjacent districts or parts of districts may 
        establish a defender organization to serve both areas. In the 
        event that adjacent districts or parts of districts are located 
        in different circuits, the plan for furnishing representation 
        shall be approved by the judicial council of each circuit.''.

SEC. 602. PANEL ATTORNEY SUPPORT OFFICE.

    Section 3006A(a) of title 18, United States Code, is amended by 
adding after paragraph (3) the following new paragraph:
            ``(4)(A) In any district which has not established a 
        Federal defender organization under subsection (g), 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 under the plan 
        for the district. The panel attorney support office shall--
                    ``(i) provide advice to counsel appointed under 
                this section;
                    ``(ii) maintain a list of members of the panel;
                    ``(iii) review vouchers for compensation under this 
                section before submission to judicial officers for 
                approval;
                    ``(iv) coordinate training of members of the panel; 
                and
                    ``(v) 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.

    Section 3006A(d) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence 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.''; and
                    (B) by striking out the third and fourth sentences; 
                and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Maximum amounts.--The Judicial Conference shall 
        establish limits on the amounts of compensation for 
        representation in misdemeanors, felonies, appeals, and other 
        matters. Except as provided under 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.

    Section 3006A(e) 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.

    Section 3006A(d)(1) 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 thereof 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 SOUTHERN DISTRICT OF NEW YORK.

    Section 112(b) of title 28, United States Code, is amended in the 
last sentence by striking out ``and White Plains'' and inserting in 
lieu thereof ``, 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 EASTERN DISTRICT OF TEXAS.

    (a) Texas.--Section 124(c) of title 28, United States Code, is 
amended--
            (1) in paragraph (3) by inserting ``and Plano'' after 
        ``held at Sherman''; and
            (2) in paragraph (6) in the second sentence by inserting 
        before the period ``, and may be held anywhere within the 
        Federal courthouse in Texarkana that is located astride the 
        State line between Texas and Arkansas''.
    (b) Texarkana.--Section 83(b)(1) of title 28, United States Code, 
is amended in the second sentence by inserting before the period ``, 
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. DISTRICT JUDGES SUMMONED TO THE JUDICIAL CONFERENCE.

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

SEC. 802. THE DIRECTOR AND DEPUTY DIRECTOR OF THE ADMINISTRATIVE OFFICE 
              AS OFFICERS OF THE UNITED STATES.

    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 purposes of title 5, United States 
Code.''.

SEC. 803. REMOVAL OF ACTION FROM STATE COURT.

    Section 1446(c)(1) of title 28, United States Code, is amended by 
striking out ``petitioner'' and inserting in lieu thereof ``defendant 
or defendants''.

SEC. 804. FEDERAL JUDICIAL CENTER EMPLOYEE RETIREMENT PROVISIONS.

    Section 627(b) of title 28, United States Code, is amended--
            (1) in the first sentence by inserting ``Deputy Director,'' 
        before ``the professional staff''; and
            (2) in the first sentence by inserting ``chapter 84 
        (relating to the Federal Employees' Retirement System),'' after 
        ``(relating to civil service retirement),''.
                                 <all>
S 1101 IS----2
S 1101 IS----3
S 1101 IS----4
S 1101 IS----5