Title 28 — Judiciary and Judicial Procedure

Part III · Chapter 43 — United States Magistrate Judges

§ 636. Jurisdiction, powers, and temporary assignment

Statutory text

Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—

all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts;

the power to administer oaths and affirmations, issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions;

the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section;

the power to enter a sentence for a petty offense; and

the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.

Notwithstanding any provision of law to the contrary—

a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.

a judge may also designate a magistrate judge to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial 1 relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement.

the magistrate judge shall file his proposed findings and recommendations under subparagraph (B) with the court and a copy shall forthwith be mailed to all parties.

Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.

A judge may designate a magistrate judge to serve as a special master pursuant to the applicable provisions of this title and the Federal Rules of Civil Procedure for the United States district courts. A judge may designate a magistrate judge to serve as a special master in any civil case, upon consent of the parties, without regard to the provisions of rule 53(b) of the Federal Rules of Civil Procedure for the United States district courts.

A magistrate judge may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States.

Each district court shall establish rules pursuant to which the magistrate judges shall discharge their duties.

Notwithstanding any provision of law to the contrary—

Upon the consent of the parties, a full-time United States magistrate judge or a part-time United States magistrate judge who serves as a full-time judicial officer may conduct any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case, when specially designated to exercise such jurisdiction by the district court or courts he serves. Upon the consent of the parties, pursuant to their specific written request, any other part-time magistrate judge may exercise such jurisdiction, if such magistrate judge meets the bar membership requirements set forth in section 631(b)(1) and the chief judge of the district court certifies that a full-time magistrate judge is not reasonably available in accordance with guidelines established by the judicial council of the circuit. When there is more than one judge of a district court, designation under this paragraph shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge.

If a magistrate judge is designated to exercise civil jurisdiction under paragraph (1) of this subsection, the clerk of court shall, at the time the action is filed, notify the parties of the availability of a magistrate judge to exercise such jurisdiction. The decision of the parties shall be communicated to the clerk of court. Thereafter, either the district court judge or the magistrate judge may again advise the parties of the availability of the magistrate judge, but in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences. Rules of court for the reference of civil matters to magistrate judges shall include procedures to protect the voluntariness of the parties’ consent.

Upon entry of judgment in any case referred under paragraph (1) of this subsection, an aggrieved party may appeal directly to the appropriate United States court of appeals from the judgment of the magistrate judge in the same manner as an appeal from any other judgment of a district court. The consent of the parties allows a magistrate judge designated to exercise civil jurisdiction under paragraph (1) of this subsection to direct the entry of a judgment of the district court in accordance with the Federal Rules of Civil Procedure. Nothing in this paragraph shall be construed as a limitation of any party’s right to seek review by the Supreme Court of the United States.

The court may, for good cause shown on its own motion, or under extraordinary circumstances shown by any party, vacate a reference of a civil matter to a magistrate judge under this subsection.

The magistrate judge shall, subject to guidelines of the Judicial Conference, determine whether the record taken pursuant to this section shall be taken by electronic sound recording, by a court reporter, or by other means.

The practice and procedure for the trial of cases before officers serving under this chapter shall conform to rules promulgated by the Supreme Court pursuant to section 2072 of this title.

Contempt Authority.—

In general.—

A United States magistrate judge serving under this chapter shall have within the territorial jurisdiction prescribed by the appointment of such magistrate judge the power to exercise contempt authority as set forth in this subsection.

Summary criminal contempt authority.—

A magistrate judge shall have the power to punish summarily by fine or imprisonment, or both, such contempt of the authority of such magistrate judge constituting misbehavior of any person in the magistrate judge’s presence so as to obstruct the administration of justice. The order of contempt shall be issued under the Federal Rules of Criminal Procedure.

Additional criminal contempt authority in civil consent and misdemeanor cases.—

In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge shall have the power to punish, by fine or imprisonment, or both, criminal contempt constituting disobedience or resistance to the magistrate judge’s lawful writ, process, order, rule, decree, or command. Disposition of such contempt shall be conducted upon notice and hearing under the Federal Rules of Criminal Procedure.

Civil contempt authority in civil consent and misdemeanor cases.—

In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge may exercise the civil contempt authority of the district court. This paragraph shall not be construed to limit the authority of a magistrate judge to order sanctions under any other statute, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure.

Criminal contempt penalties.—

The sentence imposed by a magistrate judge for any criminal contempt provided for in paragraphs (2) and (3) shall not exceed the penalties for a Class C misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6) of title 18.

Certification of other contempts to the district court.—

Upon the commission of any such act—

in any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, or in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, that may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this subsection, or

in any other case or proceeding under subsection (a) or (b) of this section, or any other statute, where—

the act committed in the magistrate judge’s presence may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this subsection,

the act that constitutes a criminal contempt occurs outside the presence of the magistrate judge, or

the act constitutes a civil contempt,

the magistrate judge shall forthwith certify the facts to a district judge and may serve or cause to be served, upon any person whose behavior is brought into question under this paragraph, an order requiring such person to appear before a district judge upon a day certain to show cause why that person should not be adjudged in contempt by reason of the facts so certified. The district judge shall thereupon hear the evidence as to the act or conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a district judge.

Appeals of magistrate judge contempt orders.—

The appeal of an order of contempt under this subsection shall be made to the court of appeals in cases proceeding under subsection (c) of this section. The appeal of any other order of contempt issued under this section shall be made to the district court.

In an emergency and upon the concurrence of the chief judges of the districts involved, a United States magistrate judge may be temporarily assigned to perform any of the duties specified in subsection (a), (b), or (c) of this section in a judicial district other than the judicial district for which he has been appointed. No magistrate judge shall perform any of such duties in a district to which he has been temporarily assigned until an order has been issued by the chief judge of such district specifying (1) the emergency by reason of which he has been transferred, (2) the duration of his assignment, and (3) the duties which he is authorized to perform. A magistrate judge so assigned shall not be entitled to additional compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of his duties in accordance with section 635.

A United States magistrate judge may perform the verification function required by section 4107 of title 18, United States Code. A magistrate judge may be assigned by a judge of any United States district court to perform the verification required by section 4108 and the appointment of counsel authorized by section 4109 of title 18, United States Code, and may perform such functions beyond the territorial limits of the United States. A magistrate judge assigned such functions shall have no authority to perform any other function within the territory of a foreign country.

A United States magistrate judge who has retired may, upon the consent of the chief judge of the district involved, be recalled to serve as a magistrate judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a magistrate judge may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference, subject to the restrictions on the payment of an annuity set forth in section 377 of this title or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such magistrate judge. The requirements set forth in subsections (a), (b)(3), and (d) of section 631, and paragraph (1) of subsection (b) of such section to the extent such paragraph requires membership of the bar of the location in which an individual is to serve as a magistrate judge, shall not apply to the recall of a retired magistrate judge under this subsection or section 375 of this title. Any other requirement set forth in section 631(b) shall apply to the recall of a retired magistrate judge under this subsection or section 375 of this title unless such retired magistrate judge met such requirement upon appointment or reappointment as a magistrate judge under section 631.

Footnotes

1 So in original. Probably should be “post-trial”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 636
June 25, 1948, ch. 646, 62 Stat. 917
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 917
1968
Federal Magistrates Act
Pub. L. 90–578 title I § 101 · 82 Stat. 1107
Substituted · 28 U.S.C. § 636
Pub. L. 90–578 substituted provisions declaratory of jurisdiction and powers of United States magistrates for prior provisions respecting rendition of accounts by United States commissioners
Source evidence
Code amendment note
Pub. L. 90–578 substituted provisions declaratory of jurisdiction and powers of United States magistrates for prior provisions respecting rendition of accounts by United States commissioners.
Enacted provision · exact public law section
Sec. 101. Chapter 43, title 28, United States Code, relating to United States commissioners, is amended to read as follows: “Chapter 43.— UNITED STATES MAGISTRATES “Sec. “631. Appointment and tenure. “632. Character of service. “633. Determination of number, locations, and salaries of magistrates. “634. Compensation. “635. Expenses. “636. Jurisdiction and powers. “637. Training. “638. Dockets and forms; United States Code; seals. “639. Definitions. “§ 631. Appointment and tenure “(a) The judges of each United States district court shall appoint United States magistrates in such numbers and to serve at such locations within the judicial district as the conference may determine under this chapter. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where an area under the administration of the National Park Service, or the United States Fish and Wildlife Service, or any other Federal agency, extends into two or more judicial districts and it is deemed desirable by the conference that the territorial jurisdiction of a magistrates appointment include the entirety of such area, the appointment or reappointment shall be made by the concurrence of a majority of all judges of the district courts of the judicial districts involved, and where there is no such concurrence by the concurrence of the chief judges of such district courts. “(b) No individual may be appointed or serve as a magistrate under this chapter unless: “(1) He is a member in good standing of the bar of the highest court of the State in which he is to serve, or, in the case of an individual appointed to serve— “(A) in the District of Columbia, a member in good standing of the bar of the United States district court for the District of Columbia; “(B) in the Commonwealth of Puerto Rico, a member in good standing of the bar of the Supreme Court of Puerto Rico; or “(C) in an area under the administration of the National Park Service, the United States Fish and Wildlife Service, or any other Federal agency that extends into two or more States, a member in good standing of the bar of the highest court of one of those States; except that an individual who does not meet the bar membership requirements of the first sentence of this paragraph may be appointed and serve as a part-time magistrate if the appointing court or courts and the conference find that no qualified individual who is a member of the bar is available to serve at a specific location; “(2) He is determined by the appointing district court or courts to be competent to perform the duties of the office; “(3) In the case of an individual appointed to serve in a national park, he resides within the exterior boundaries of that park, or at some place reasonably adjacent thereto; “(4) He is not related by blood or marriage to a judge of the appointing court or courts at the time of his initial appointment. “(c) A magistrate may hold no other civil or military office or employment under the United States: Provided, however, That, with the approval of the conference, a part-time referee in bankruptcy or a clerk or deputy clerk of a court of the United States may be appointed and serve as a part-time United States magistrate, but the conference shall fix the aggregate amount of compensation to be received for performing the duties of part-time magistrate and part-time referee in bankruptcy, clerk or deputy clerk: And provided further, That retired officers and retired enlisted personnel of the Regular and Reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard, members of the Reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard, and members of the Army National Guard of the United States, the Air National Guard of the United States, and the Naval Militia and of the National Guard of a State, territory, or the District of Columbia, except the National Guard disbursing officers who are on a full-time salary basis, may be appointed and serve as United States magistrates. “(d) No individual may serve under this chapter after having Age limitation. attained the age of seventy years: Provided, however, That upon the unanimous vote of all the judges of the appointing court or courts, a magistrate who has attained the age of seventy years may continue to serve and may be reappointed under this chapter. “(e) The appointment of any individual as a full-time magistrate Term. shall be for a term of eight years, and the appointment of any individuals as a part-time magistrate shall be for a term of four years, except that the term of a full-time or part-time magistrate appointed under subsection (j) shall expire upon— “(1) the expiration of the absent magistrate’s term, “(2) the reinstatement of the absent magistrate in regular service in office as a magistrate, “(3) the failure of the absent magistrate to make timely application under subsection (i) of this section for reinstatement in regular service in office as a magistrate after discharge or release from military service, “(4) the death or resignation of the absent magistrate, or “(5) the removal from office of the absent magistrate pursuant to subsection (h) of this section, whichever may first occur, “(f) Each individual appointed as a magistrate under this section Oath. shall take the oath or affirmation prescribed by section 453 of this title 62 Stat. 907. before performing the duties of his office. “(g) Each appointment made by a judge or judges of a district Appointment record and notice. court shall be entered of record in such court, and notice of such appointment shall be given at once by the clerk of that court to the Director. “(h) Removal of a magistrate during the term for which he is Removal. appointed shall be only for incompetency, misconduct, neglect of duty, or physical or mental disability, but a magistrate’s office shall be terminated if the conference determines that the services performed by his office are no longer needed. Removal shall be by the judges of the district court for the judicial district in which the magistrate serves; where there is more than one judge of a district court, removal shall not occur unless a majority of ail the judges of such court concur in the order of removal; and when there is a tie vote of the judges of the district court on the question of the removal or retention in office of a magistrate, then removal shall be only by a concurrence of a majority of all the judges of the council. In the case of a magistrate appointed under the third sentence of subsection (a) of this section, removal shall not occur unless a majority of all the judges of the appointing district courts concur in the order of removal; and where there is a tie vote on the question of the removal or retention in office of a magistrate, then removal shall be only by a concurrence of a majority of all the judges of the council or councils. Before any order or removal shall be entered, a full specification of the charges shall be furnished to the magistrate, and he shall be accorded by the judge or judges of the removing court, courts, council, or councils an opportunity to be heard on the charges. “(i) (1) A magistrate who is inducted into the Armed Forces of the United States pursuant to the Military Selective Service Act of 1967 62 Stat. 604; 31 Stat. 100. (50 U.S.C. App. 451 et seq.), or is otherwise ordered to active duty with such forces for a period of more than thirty days, and who makes application for a leave of absence to the district court or courts which appointed him, shall be granted a leave of absence without compensation for such period as he is required to serve in such forces. Every application for a leave of absence under this subsection shall include a copy of the official orders requiring the magistrate’s military service. The granting of a leave of absence under this subsection shall not operate to extend the term of office of any magistrate. “(2) A magistrate granted a leave of absence under this subsection who— “(A) receives a certificate of service under section 9(a) of the 62 Stat. 614; 69 Stat. 295. Military Selective Service Act of 1967 (50 U.S.C. App. 459(a)), or is released under honorable conditions from the military service, “(B) makes application for reinstatement to regular service in office as a magistrate within ninety days after he is released from such service or training or from hospitalization continuing after discharge for a period of not more than one year, and “(C) is determined by the appointing court or courts in the manner specified in subsection (a) of this section to be still qualified to perform the duties of such position, shall be reinstated in regular service in such office. “(j) Upon the grant by the appropriate district court or courts of a leave of absence to a magistrate entitled to such relief under the terms of subsection (i) of this section, such court or courts may proceed to appoint, in the manner specified in subsection (a) of this section, another magistrate, qualified for appointment and service under subsections (b), (c), and (d) of this section, who shall serve for the period specified in subsection (e) of this section. “§ 632. Character of service “(a) Full-time United States magistrates may not engage in the practice of law, and may not engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers. “(b) Part-time United States magistrates shall render such service as judicial officers as is required by law. While so serving they may engage in the practice of law, but may not serve as counsel in any criminal action in any court of the United States, nor act in any capacity that is, under such regulations as the conference may establish, inconsistent with the proper discharge of their office. Within such restrictions, they may engage in any other business, occupation, or employment which is not inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers. “§ 633. Determination of number, locations, and salaries of magistrates “(a) Surveys by the Director.— “(1) The Director shall, within one year immediately following the date of the enactment of the Federal Magistrates Act, make a careful survey of conditions in judicial districts to determine (A) the number of appointments of full-time magistrates and part-time magistrates required to be made under this chapter to provide for the expeditious and effective administration of justice, (B) the locations at which such officers shall serve, and (C) their respective salaries under section 634 of this title. Thereafter, the Director shall, from time to time, make such surveys, general or local, as the conference shall deem expedient. “(2) In the course of any survey, the Director shall take into account local conditions in each judicial district, including the areas and the populations to be served, the transportation and communications facilities available, the amount and distribution of business of the type expected to arise before officers appointed under this chapter (including such matters as may be assigned under section 636(b) of this chapter), and any other material factors. The Director shall give consideration to suggestions from any interested parties, including district judges. United States commissioner or officers appointed under this chapter, United States attorneys, bar associations, and other parties having relevant experience or information. “(3) The surveys shall be made with a view toward creating and maintaining a system of full-time United States magistrates. However, should the Director find, as a result of any such surveys, areas in which the employment of a full-time magistrate would not be feasible or desirable, he shall recommend the appointment of part-time United States magistrates in such numbers and at such locations as may be required to permit prompt and efficient issuance of process and to permit individuals charged with criminal offenses against the United States to be brought before a judicial officer of the United States promptly after arrest. “(b) Determination by the Conference.— Upon the completion of the initial surveys required by subsection (a) of this section, the Director shall report to the district courts, the councils, and the conference his recommendations concerning the number of full-time magistrates and part-time magistrates, their respective locations, and the amount, of their respective salaries under section 643 of this title. The district courts shall advise their respective councils, stating their recommendations and tie reasons therefor; the councils shall advise the conference, stating their recommendations and the reasons therefor, and shall also report to the conference the recommendations of the district courts. The conference shall determine, in the light, of the recommendations of the Director, the district courts, and the councils, the number of full-time United States magistrates and part-time United States magistrates, the locations at which they shall serve, and their respective salaries. Such determinations shall take effect in each judicial district at such time as the district court for such judicial district shall determine, but in no event later than one year after they are promulgated. “(c) Changes in Number, Locations, and Salaries.— Except as otherwise provided in this chapter, the conference may, from time to time, in the light of the recommendations of the Director, the district courts, and the councils, change the number, locations, and salaries of full-time and part-time magistrates, as the expeditious administration of justice may require. Such determinations shall take effect sixty days after they are promulgated. “§ 634. Compensation “(a) Officers appointed under this chapter shall receive as full compensation for their services salaries to be fixed by the conference pursuant to section 633 of this title, at rates not more than $22,500 per annum for full-time United States magistrates, and not more than $11,000 per annum nor less than $100 per annum for part-time United States magistrates. In fixing the amount of salary to be paid to any officer appointed under this chapter, consideration shall be given to the average number and the nature of matters that have arisen during the immediately preceding period of five years, and that may be expected thereafter to arise, over which such officer would have jurisdiction and to such other factors as may be material. Disbursement of salaries shall be made by or pursuant to the order of the Director. “(b) Except as provided by section 8344, title 5, relating to reductions of the salaries of reemployed annuitants under subchapter III 5 USC 8331 et seq. of chapter 83 of such title and unless the office has been terminated as provided in this chapter, the salary of a full-time United States magistrate shall not be reduced, during the term in which he is serving, below the salary fixed for him at the beginning of that term. “(c) All United States magistrates, effective upon their taking the oath or affirmation of office, and all necessary clerical and secretarial assistants employed in the offices of full-time United Stages magistrates shall be deemed to be officers and employees in the judicial branch of the United States Government within the meaning of subsection III (relating to civil service retirement) of chapter 83, chapter 5 USC 8701 et seq. 5 USC 8901 et seq. 87 (relating to Federal employees’ group life insurance), and chapter 89 (relating to Federal employees’ health benefits program) of title 5. Part-time magistrates shall not be excluded from coverage under these chapters solely for lack of a prearranged regular tour of duty. “§ 635. Expenses “(a) Full-time United States magistrates serving under this chapter shall be allowed their actual and necessary expenses incurred in the performance of their duties, including the compensation of necessary clerical and secretarial assistance. Such expenses and compensation shall be determined and paid by the Director under such regulations as the Director shall prescribe with the approval of the conference. The Administrator of General Services shall provide such magistrates with necessary courtrooms, office space, furniture and facilities within United States courthouses or office buildings owned or occupied by departments or agencies of the United States, or should suitable court-room and office space not be available within any such courthouse or office building, the Administrator of General Services, at the request of the Director, shall procure and pay for suitable courtroom and office space, furniture and facilities for such magistrate in another building, but only if such request has been approved as necessary by the judicial council of the appropriate circuit. “(b) Under such regulations as the Director shall prescribe with the approval of the conference, the Director shall reimburse part-time magistrates for actual expenses necessarily incurred by them in the performance of their duties under this chapter. Such reimbursement may be made, at rates not exceeding those prescribed by such regulations, for expenses incurred by such part-time magistrates for clerical and secretarial assistance, stationery, telephone and other communications services, travel, and such other expenses as may be determined to be necessary for the proper performance of the duties of such officers: Provided, however, That no reimbursement shall be made for all or any portion of the expense incurred by such part-time magistrates for me procurement of office space. “§ 636. Jurisdiction and powers “(a) Each United States magistrate serving under this chapter shall have within the territorial jurisdiction prescribed by his appointment— “(1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts; 18 USC app. “(2) the power to administer oaths and affirmations, impose conditions of release under section 3146 of title 18, and take 80 Stat. 214. acknowledgements, affidavits, and depositions; and “(3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations Post, p. 1115. of that section. “(b) Any district court of the United States, by the concurrence of a majority of all the judges of such district court, may establish rules pursuant to which any full-time United States magistrate, or, where there is no full-time magistrate reasonably available, any part-time magistrate specially designated by the court, may be assigned within the territorial jurisdiction of such court such additional duties as are not inconsistent with the Constitution and laws of the United Note preceding 1 USC. States. The additional duties authorized by rule may include, but are not restricted to— “(1) service as a special master in an appropriate civil action, pursuant, to the applicable provisions of this title and the Federal Rules of Civil Procedure for the United States district courts; 28 USC app. “(2) assistance to a district judge in the conduct of pretrial or discovery proceedings in civil or criminal actions; and “(3) preliminary review of applications for posttrial relief made by individuals convicted of criminal offenses, and submission of a report and recommendations to facilitate the decision of the district judge having jurisdiction over the ease as to whether there should be a hearing. “(c) The practice and procedure for the trial of cases before officers serving under this chapter, and for the taking and hearing of appeals to the district courts, shall conform to rides promulgated by the Supreme Court pursuant to section 3402 of title 18, United States Code. Post, p. 1116. “(d) In a proceeding before a magistrate, any of the following acts or conduct shall constitute a contempt of the district court, for the district wherein the magistrate is sitting: (1) disobedience or resistance to any lawful order, process, or writ; (2) misbehavior at a hearing or other proceeding, or so near the place thereof as to obstruct the same; (3) failure Io produce, after having been ordered to do so, any pertinent document; (4) refusal to appear after having been subpenaed or, upon appearing, refusal to take the oath or affirmation as a witness, or, having taken the oath or affirmation, refusal to be examined according to law; or (5) any other act or conduct which if committed before a judge of the district court would constitute contempt of such court. Upon the commission of any such act or conduct, the magistrate shall forthwith certify the facts to a judge of the district court and may serve or cause to be served upon any person whose behavior is brought into question under this section an order requiring such person to appear before a judge of that court upon a day certain to show cause why he should not be adjudged in contempt by reason of the facts so certified. A judge of the district court shall thereupon, in a summary manner, hear the evidence as to the act or conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a judge of the court, or commit such person upon the conditions applicable in the case or defiance of the process of the district court or misconduct in the presence of a judge of that court. “§ 637. Training “The Federal Judicial Center shall conduct periodic training programs and seminars for both full-time and part-time United States magistrates, including an introductory training program for new magistrates, to be held within one year after initial appointment. “§ 638. Dockets and forms; United States Code; seals “(a) The Director shall furnish to United States magistrates adequate docket books and forms prescribed by the Director. The Director shall also furnish to each such officer a copy of the current edition of f he United States Code. “(b) All property furnished to any such officer shall remain the property of the United States and, upon the termination of his term of office, shall be transmitted to his successor in office or otherwise disposed of as the Director orders. “(c) The Director shall furnish to each United States magistrate appointed under this chapter an official impression Seal in a form prescribed by the conference. Each such officer shall affix his seal to every jurat or certificate of his official acts without fee. “§ 639. Definitions “As used in this chapter— “(1) ‘Conference’ shall mean the Judicial Conference of the United States; “(2) ‘Council’ shall mean the Judicial Council of the Circuit; “(3) ‘Director’ shall mean the Director of the Administrative Office of the United States Courts; “(4) ‘Full-time magistrate’ shall mean a full-time United States magistrate; “(5) ‘Part-time magistrate’ shall mean a part-time United States magistrate; and “(6) ‘United States magistrate’ and ‘magistrate’ shall mean both full-time and part-time United States magistrates.”
1972
Pub. L. 92–239 § 2 · 86 Stat. 47
Substituted · 28 U.S.C. § 636
Pub. L. 92–239, § 2, substituted “Jurisdiction, powers, and temporary assignment” for “Jurisdiction and powers” in section catchline
Source evidence
Code amendment note
Pub. L. 92–239, § 2, substituted “Jurisdiction, powers, and temporary assignment” for “Jurisdiction and powers” in section catchline.
Enacted provision · exact public law section
Sec. 2. The section heading of section 636 of title 28, United States Code, is amended to read as follows: “§ 636. Jurisdiction, powers, and temporary assignment.”
1972
Pub. L. 92–239 § 1 · 86 Stat. 47
Added · 28 U.S.C. § 636(e)
Pub. L. 92–239, § 1, added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 92–239, § 1, added subsec. (e).
1976
Pub. L. 94–577 § 1 · 90 Stat. 2729
Changed · 28 U.S.C. § 636(b)
Pub. L. 94–577 completely revised provisions under which additional duties may be assigned to a United States Magistrate by allowing, among other additional duties, the assignment of pretrial matters, dispositive motions, and service as a special master
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–577 completely revised provisions under which additional duties may be assigned to a United States Magistrate by allowing, among other additional duties, the assignment of pretrial matters, dispositive motions, and service as a special master.
Enacted provision · exact public law section
(1) Rule 8(b) of the Rules Governing Section 2254 Cases in the ignited States District Courts is amended to read as follows: “(b) Function Of The Magistrate.— “(1) When designated to do so in accordance with 28 U.S.C. §636 (b), a magistrate may conduct hearings, including evidentiary hearings, on the petition, and submit to a judge of the court proposed findings of fact and recommendations for disposition. “(2) The magistrate shall file proposed findings and recommendations with the court and a copy shall forthwith be mailed to all parties. “(3) Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. “(4) A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify in whole or in part any findings or recommendations made by the magistrate.”.
1977
Pub. L. 95–144 § 2 · 91 Stat. 1212
Added · 28 U.S.C. § 636(f)
Pub. L. 95–144 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 95–144 added subsec. (f).
Enacted provision · exact public law section
Sec. 2. That section 636 of title 28, United States Code, is amended by adding a subsection (f) as follows: “(f) A United States magistrate may perform the verification function required by section 4107 of title 18, United States Code. A magistrate may be assigned by a judge of any United States district court to perform the verification required by section 4108 and the appointment of counsel authorized by section 4109 of title 18, United States Code, and may perform such functions beyond the territorial limits of the United States. A magistrate assigned such functions shall have no authority to perform any other function within the territory of a foreign country.”.
1979
Federal Magistrate Act of 1979
Pub. L. 96–82 § 2(2) · 93 Stat. 643
Redesignated · 28 U.S.C. § 636(c)
Pub. L. 96–82, § 2(2), added subsec. (c). Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–82, § 2(2), added subsec. (c). Former subsec. (c) redesignated (d).
Enacted provision · exact public law section
(2) by inserting immediately after subsection (b) thereof the following new subsection: “(c) Notwithstanding any provision of law to the contrary— “(1) Upon the consent of the parties, a full-time United States magistrate or a part-time United States magistrate who serves as a full-time judicial officer may conduct any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case, when specially designated to exercise such jurisdiction by the district court or courts he serves. Upon the consent of the parties, pursuant to their specific written request, any other part-time magistrate may exercise such jurisdiction, if such magistrate meets the bar membership requirements set forth in section 631(b)(1) and the chief judge of the district court certifies 28 USC 631. that a full-time magistrate is not reasonably available in accordance with guidelines established by the judicial council of the circuit. When there is more than one judge of a district court, designation under this paragraph shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. “(2) If a magistrate is designated to exercise civil jurisdiction under paragraph (1) of this subsection, the clerk of court shall, at the time the action is filed, notify the parties of their right to consent to the exercise of such jurisdiction. The decision of the parties shall be communicated to the clerk of court. Thereafter, neither the district judge nor the magistrate shall attempt to persuade or induce any party to consent to reference of any civil matter to a magistrate. Rules of court for the reference of civil matters to magistrates shall include procedures to protect the voluntariness of the parties’ consent. “(3) Upon entry of judgment in any case referred under Appeal. paragraph (1) of this subsection, an aggrieved party may appeal directly to the appropriate United States court of appeals from the judgment of the magistrate in the same manner as an appeal from any other judgment of a district court. In this circumstance, the consent of the parties allows a magistrate designated to exercise civil jurisdiction under paragraph (1) of this subsection to direct the entry of a judgment of the district court in accordance with the Federal Rules of Civil Procedure. Nothing in this paragraph shall be construed as a limitation of any party’s right to seek review by the Supreme Court of the United States. “(4) Notwithstanding the provisions of paragraph (3) of this subsection, at the time of reference to a magistrate, the parties may further consent to appeal on the record to a judge of the district court in the same manner as on an appeal from a judgment of the district court to a court of appeals. Wherever possible the local rules of the district court and the rules promulgated by the conference shall endeavor to make such appeal expeditious and inexpensive. The district court may affirm, reverse, modify, or remand the magistrate’s judgment. “(5) Cases in the district courts under paragraph (4) of this subsection may be reviewed by the appropriate United States court of appeals upon petition for leave to appeal by a party stating specific objections to the judgment. Nothing in this paragraph shall be construed to be a limitation on any party’s right to seek review by the Supreme Court of the United States. “(6) The court may, for good cause shown on its own motion, or under extraordinary circumstances shown by any party, vacate a reference of a civil matter to a magistrate under this subsection. “(7) The magistrate shall determine, taking Into account the complexity of the particular matter referred to the magistrate, whether the record in the proceeding shall be taken, pursuant to 28 USC 753. section 753 of this title, by electronic sound recording means, by a court reporter appointed or employed by the court to take a verbatim record by shorthand or by mechanical means, or by an employee of the court designated by the court to take such a verbatim record. Notwithstanding the magistrate’s determination, (A) the proceeding shall be taken down by a court reporter if any party so requests, (B) the proceeding shall be recorded by a means other than a court reporter if all parties so agree, and (C) no record of the proceeding shall be made if all parties so agree. Reporters referred to in this paragraph may be transferred for temporary service in any district court of the judicial circuit for reporting proceedings under this subsection, or for other reporting duties in such court.”.
1979
Federal Magistrate Act of 1979
Pub. L. 96–82 § 2(1) · 93 Stat. 643
Redesignated · 28 U.S.C. § 636(d)(g)
Pub. L. 96–82, § 2(1), redesignated former subsecs. (c) to (f) as (d) to (g), respectively
Source evidence
Code amendment note
Subsecs. (d) to (g). Pub. L. 96–82, § 2(1), redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
Enacted provision · exact public law section
(1) by redesignating subsections (c) through (f) thereof as subsections (d) through (g), respectively; and
1984
Bail Reform Act of 1984
Pub. L. 98–473 title II § 208 · 98 Stat. 1837
Substituted · 28 U.S.C. § 636(a)(2)
Pub. L. 98–473 substituted “issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial” for “impose conditions of release under section 3146 of title 18”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 98–473 substituted “issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial” for “impose conditions of release under section 3146 of title 18”.
Enacted provision · exact public law section
Sec. 208. Section 636 of title 28, United States Code, is amended by striking out “impose conditions of release under section 3146 of title 18” and inserting in lieu thereof “issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial”.
1984
Pub. L. 98–620 title IV § 402(29)(B) · 98 Stat. 3335
Struck · 28 U.S.C. § 636(c)(4)
Pub. L. 98–620 struck out “expeditious and” before “inexpensive”
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 98–620 struck out “expeditious and” before “inexpensive”.
Enacted provision · exact public law section
(B) Section 636(c)(4) of title 28, United States Code, is amended in the second sentence by striking out “expeditious and”.
1986
Pub. L. 99–651 title II § 201(a)(2) · 100 Stat. 3642
Added · 28 U.S.C. § 636(h)
Pub. L. 99–651 added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 99–651 added subsec. (h).
Enacted provision · exact public law section
(2) Section 636 of title 28, United States Code, is amended by adding at the end the following: “(h) A United States magistrate who has retired may, upon the consent of the chief judge of the district involved, be recalled to serve as a magistrate in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a magistrate may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference, subject to the restrictions on the payment of an annuity set forth in subchapter III of chapter 83, and chapter 84, of title 5. The requirements set forth 5 USC 8331; ante, p. 516. Ante, p. 3646. in subsections (a), (b)(3), and (d) of section 631, and paragraph (1) of subsection (b) of such section to the extent such paragraph requires membership of the bar of the location in which an individual is to serve as a magistrate, shall not apply to the recall of a retired magistrate under this subsection or section 375 of this title. Any other requirement set forth in section 631(b) shall apply to the recall of a retired magistrate under this subsection or section 375 of this title unless such retired magistrate met such requirement upon appointment or reappointment as a magistrate under section 631.”.
1988
Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988
Pub. L. 100–659 § 4(c) · 102 Stat. 3910
Inserted · 28 U.S.C. § 636(h)
Pub. L. 100–659 inserted “section 377 of this title or in” after “annuity set forth in” and “which are applicable to such magistrate” after “title 5” in second sentence
Source evidence
Code amendment note
Subsec. (h). Pub. L. 100–659 inserted “section 377 of this title or in” after “annuity set forth in” and “which are applicable to such magistrate” after “title 5” in second sentence.
Enacted provision · exact public law section
(c) Recall of Magistrates.— Section 636(h) of title 28, United States Code, is amended in the second sentence— (1) by inserting “section 377 of this title or in” after “annuity set forth in”; and (2) by inserting “which are applicable to such magistrate” after “title 5”.
1988
National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act
Pub. L. 100–690 title VII § 7322 · 102 Stat. 4181
Added · 28 U.S.C. § 636(a)(4)
Pub. L. 100–690 added par. (4)
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 100–690 added par. (4).
Enacted provision · exact public law section
SEC. 7322. SENTENCING JURISDICTION. Section 636(a) of title 28, United States Code, is amended by— (1) striking out “and” at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof “, and”; and (3) adding at the end thereof the following paragraph: “(4) the power to enter a sentence for a misdemeanor or infraction with the consent of the parties.”.
1988
Judicial Improvements and Access to Justice Act
Pub. L. 100–702 § 1014 · 102 Stat. 4642
Amended · 28 U.S.C. § 636(c)(7)
Pub. L. 100–702, § 1014, amended par. (7) generally. Prior to amendment, par. (7) read as follows: “The magistrate shall determine, taking into account the complexity of the particular matter referred to the magistrate, whether the record in the proceeding shall be taken, pursuant to section 753 of this title, by electronic sound recording means, by a court reporter appointed or employed by the court to take a verbatim record by shorthand or by mechanical means, or by an employee of the court designated by the court to take such a verbatim record. Notwithstanding the magistrate’s determination, (A) the proceeding shall be taken down by a court reporter if any party so requests, (B) the proceeding shall be recorded by a means other than a court reporter if all parties so agree, and (C) no record of the proceeding shall be made if all parties so agree. Reporters referred to in this paragraph may be transferred for temporary service in any district court of the judicial circuit for reporting proceedings under this subsection, or for other reporting duties in such court.”
Source evidence
Code amendment note
Subsec. (c)(7). Pub. L. 100–702, § 1014, amended par. (7) generally. Prior to amendment, par. (7) read as follows: “The magistrate shall determine, taking into account the complexity of the particular matter referred to the magistrate, whether the record in the proceeding shall be taken, pursuant to section 753 of this title, by electronic sound recording means, by a court reporter appointed or employed by the court to take a verbatim record by shorthand or by mechanical means, or by an employee of the court designated by the court to take such a verbatim record. Notwithstanding the magistrate’s determination, (A) the proceeding shall be taken down by a court reporter if any party so requests, (B) the proceeding shall be recorded by a means other than a court reporter if all parties so agree, and (C) no record of the proceeding shall be made if all parties so agree. Reporters referred to in this paragraph may be transferred for temporary service in any district court of the judicial circuit for reporting proceedings under this subsection, or for other reporting duties in such court.”
Enacted provision · exact public law section
SEC. 1014. METHOD OF RECORDING. Paragraph (7) of section 636(c) is amended to read as follows: “(7) The magistrate shall, subject to guidelines of the Judicial Conference, determine whether the record taken pursuant to this section shall be taken by electronic sound recording, by a court reporter, or by other means.”.
1988
Judicial Improvements and Access to Justice Act
Pub. L. 100–702 § 404(b)(1) · 102 Stat. 4642
Substituted · 28 U.S.C. § 636(d)
Pub. L. 100–702, § 404(b)(1), substituted “section 2072 of this title” for “section 3402 of title 18, United States Code”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 100–702, § 404(b)(1), substituted “section 2072 of this title” for “section 3402 of title 18, United States Code”.
Enacted provision · exact public law section
(1) Section 636(d) is amended by striking out “section 3402 of title 18, United States Code” and inserting in lieu thereof “section 2072 of this title”.
1990
Federal Courts Study Committee Implementation Act of 1990
Pub. L. 101–650 title III · 104 Stat. 5089
1. Substituted · 28 U.S.C. § 636(c)(2)
  Pub. L. 101–650 substituted “the availability of a magistrate to exercise” for “their right to consent to the exercise of” in first sentence
2. Amended · 28 U.S.C. § 636(c)(2)
  Pub. L. 101–650 amended third sentence generally. Prior to amendment, third sentence read as follows: “Thereafter, neither the district judge nor the magistrate shall attempt to persuade or induce any party to consent to reference of any civil matter to a magistrate.”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 101–650 substituted “the availability of a magistrate to exercise” for “their right to consent to the exercise of” in first sentence and amended third sentence generally. Prior to amendment, third sentence read as follows: “Thereafter, neither the district judge nor the magistrate shall attempt to persuade or induce any party to consent to reference of any civil matter to a magistrate.”
Enacted provision · exact public law
TITLE III— IMPLEMENTATION OF FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS SEC. 301. SHORT TITLE. This title may be cited as the “Federal Courts Study Committee Implementation Act of 1990”. SEC. 302. STUDY OF INTERCIRCUIT CONFLICTS AND STRUCTURAL ALTERNATIVES FOR THE COURTS OF APPEALS BY FEDERAL JUDICIAL CENTER. (a) Intercircuit Conflicts.— The Board of the Federal Judicial Center is requested to conduct a study and submit to the Congress a report by January 1, 1992, on the number and frequency of conflicts among the judicial circuits in interpreting the law that remain unresolved because they are not heard by the Supreme Court. (b) Factors To Consider in Study.— In conducting such a study, the Center should consider, to the extent feasible, all relevant factors, such as whether the conflict— (1) imposes economic costs or other harm on persons engaging in interstate commerce; (2) encourages forum shopping among circuits; (3) creates unfairness to litigants in different circuits, as in allowing Federal benefits in one circuit that are denied in other circuits; or (4) encourages nonacquiescence by Federal agencies in the holdings of the courts of appeals for different circuits, but is unlikely to be resolved by the Supreme Court. (c) Structural Alternatives for the Courts of Appeals.— The Board of the Federal Judicial Center is requested to study the full range of structural alternatives for the Federal Courts of Appeals and submit a report on the study to the Congress and the Judicial Conference of the United States, no later than 2 years after the date of the enactment of this Act. SEC. 303. EFFECT OF APPOINTMENT OF JUDGE AS DIRECTOR OF CERTAIN JUDICIAL BRANCH AGENCIES. Section 133 of title 28, United States Code, is amended— (1) by inserting “(a)” before “The President”; and (2) by adding at the end thereof the following: “(b) (1) In any case in which a judge of the United States (other President. than a senior judge) assumes the duties of a full-time office of Federal judicial administration, the President shall appoint, by and with the advice and consent of the Senate, an additional judge for the court on which such judge serves. If the judge who assumes the duties of such full-time office leaves that office and resumes the duties as an active judge of the court, then the President shall not appoint a judge to fill the first vacancy which occurs thereafter in that court. “(2) For purposes of paragraph (1), the term ‘office of Federal judicial administration’ means a position as Director of the Federal Judicial Center, Director of the Administrative Office of the United States Courts, or administrative assistant to the Chief Justice.”. SEC. 304. EXTENSION OF TERMS OF OFFICE OF BANKRUPTCY JUDGES. Section 152(a)(1) of title 28, United States Code, is amended by inserting after the third sentence the following: “However, upon the expiration of the term, a bankruptcy judge may, with the approval of the judicial council of the circuit, continue to perform the duties of the office until the earlier of the date which is 180 days after the expiration of the term or the date of the appointment of a successor.”. SEC. 305. APPEALS OF JUDGMENTS, ORDERS, AND DECREES OF BANKRUPTCY COURTS. Section 158(b) of title 28, United States Code, is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and (2) by inserting after paragraph (1) the following: “(2) If authorized by the Judicial Conference of the United States, the judicial councils of 2 or more circuits may establish a joint bankruptcy appellate panel comprised of bankruptcy judges from the districts within the circuits for which such panel is established, to hear and determine, upon the consent of all the parties, appeals under subsection (a) of this section.”. SEC. 306. RETIREMENT SYSTEM FOR CLAIMS COURT JUDGES. (a) New Retirement System.— (1) Chapter 7 of title 28, United States Code, is amended by adding at the end thereof the following new section: “§ 178. Retirement of judges of the Claims Court “(a) A judge of the United States Claims Court who retires from office after attaining the age and meeting the service requirements, whether continuously or otherwise, of this subsection shall, subject to subsection (f), be entitled to receive, during the remainder of the judge’s lifetime, an annuity equal to the salary payable to Claims Court judges in regular active service. The age and service requirements for retirement under this subsection are as follows: “Attained Age: Years of Service: 65 15 66 14 67 13 68 12 69 11 70 10 “(b) A judge of the Claims Court who is not reappointed following the expiration of the term of office of such judge, and who retires upon the completion of such term shall, subject to subsection (f), be entitled to receive, during the remainder of such judge’s lifetime, an annuity equal to the salary payable to Claims Court judges in regular active service, if— “(1) such judge has served at least 1 full term as judge of the Claims Court, and “(2) not earlier than 9 months before the date on which the term of office of such judge expired, and not later than 6 months before such date, such judge advised the President in writing that such judge was willing to accept reappointment as a judge of the Claims Court. “(c) A judge of the Claims Court who has served at least 5 years, whether continuously or otherwise, as such a judge, and who retires or is removed from office upon the sole ground of mental or physical disability shall, subject to subsection (f), be entitled to receive, during the remainder of the judge’s lifetime— “(1) an annuity equal to 50 percent of the salary payable to Claims Court judges in regular active service, if before retirement such judge served less than 10 years, or “(2) an annuity equal to the salary payable to Claims Court judges in regular active service, if before retirement such judge served at least 10 years. “(d) A judge who retires under subsection (a) or (b) may, at or after such retirement, be called upon by the chief judge of the Claims Court to perform such judicial duties with the Claims Court as may be requested of the retired judge for any period or periods specified by the chief judge, except that in the case of any such judge— “(1) the aggregate of such periods in any one calendar year shall not (without his or her consent) exceed 90 calendar days; and “(2) he or she shall be relieved of performing such duties during any period in which illness or disability precludes the performance of such duties. Any act, or failure to act, by an individual performing judicial duties pursuant to this subsection shall have the same force and effect as if it were the act (or failure to act) of a Claims Court judge in regular active service. Any individual performing judicial duties pursuant to this subsection shall receive the allowances for official travel and other expenses of a judge in regular active service. “(e) (1) Any judge who retires under the provisions of subsection (a) or (b) of this section shall be designated ‘senior judge’. “(2) Any judge who retires under this section shall not be counted as a judge of the Claims Court for purposes of the number of judgeships authorized by section 171 of this title. “(f) (1) A judge shall be entitled to an annuity under this section if the judge elects an annuity under this section by notifying the Director of the Administrative Office of the United States Courts in writing. Such an election— “(A) may be made only while an individual is a judge of the Claims Court (except that in the case of an individual who fails to be reappointed as judge at the expiration of a term of office, such election may be made at any time before the day after the day on which his or her successor takes office); and “(B) once made, shall, subject to subsection (k), be irrevocable. “(2) A judge who elects to receive an annuity under this section shall not be entitled to receive— “(A) any annuity to which such judge would otherwise have been entitled under subchapter III of chapter 83, or under chapter 84, of title 5, for service performed as a judge or otherwise; “(B) an annuity or salary in senior status or retirement under section 371 or 372 of this title; “(C) retired pay under section 7447 of the Internal Revenue Code of 1986; or “(D) retired pay under section 4096 of title 38. “(g) For purposes of calculating the years of service of an individual under subsections (a) and (c), only those years of service as a judge of the Claims Court or a commissioner of the United States Court of Claims shall be credited, and that portion of the aggregate number of years of such service that is a fractional part of 1 year shall not be credited if it is less than 6 months, and shall be credited if it is 6 months or more. “(h) An annuity under this section shall be payable at the times and in the same manner as the salary of a Claims Court judge in regular active service. Such annuity shall begin to accrue on the day following the day on which the annuitant’s salary as a judge in regular active service ceases to accrue. “(i) (1) Payments under this section which would otherwise be made to a judge of the Claims Court based upon his or her service shall be paid (in whole or in part) by the Director of the Administrative Office of the United States Courts to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. “(2) Paragraph (1) shall apply only to payments made by the Director of the Administrative Office of the United States Courts after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional information as the Director may prescribe. “(3) As used in this subsection, the term ‘court’ means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, and any Indian tribal court or court of Indian offense. “(j) (1) Subject to paragraph (2), any judge of the Claims Court who retires under this section and who thereafter in the practice of law represents (or supervises or directs the representation of) a client in making any civil claim against the United States or any agency thereof shall forfeit all rights to an annuity under this section for all periods beginning on or after the first day on which he so practices law. “(2) If a judge of the Claims Court who retires under this section fails during any calendar year to perform judicial duties required of such judge by subsection (d), such judge shall forfeit all rights to an annuity under this section for the 1-year period which begins on the first day on which he or she so fails to perform such duties. “(3) If a judge of the Claims Court who retires under this section accepts compensation for civil office or employment under the Government of the United States (other than the performance of judicial duties under subsection (d)), such judge shall forfeit all rights to an annuity under this section for the period for which such compensation is received. “(4) (A) If a judge makes an election under this paragraph— “(i) paragraphs (1) and (2) (and subsection (d)) shall not apply to such judge beginning on the date such election takes effect, and “(ii) the annuity payable under this section to such judge, for periods beginning on or after the date such election takes effect, shall be equal to the annuity to which such judge is entitled on the day before such effective date. “(B) An election under subparagraph (A)— “(i) may be made by a judge only if such judge meets the age and service requirements for retirement under subsection (a), “(ii) may be made only during the period during which such judge may make an election to receive an annuity under this section or while the judge is receiving an annuity under this section, and “(iii) shall be filed with the Director of the Administrative Office of the United States Courts. Such an election, once it takes effect, shall be irrevocable. “(C) Any election under this paragraph shall take effect on the first day of the first month following the month in which the election is made. “(k) (1) Notwithstanding subsection (f)(1)(B), an individual who has filed an election under subsection (f) to receive an annuity may revoke such election at any time before the first day on which such annuity would (but for such revocation) begin to accrue with respect to such individual. “(2) Any revocation under this subsection shall be made by filing a notice thereof in writing with the Director of Administrative Office of the United States Courts. “(3) In the case of any revocation under this subsection— “(A) for purposes of this section, the individual shall be treated as not having filed an election under subsection (f) to receive an annuity, “(B) for purposes of section 376 of this title— “(i) the individual shall be treated as not having filed an election under section 376(a)(1), and “(ii) section 376(g) shall not apply, and the amount credited to such individual’s account (together with interest at 3 percent per annum, compounded on December 31 of each year to the date on which the revocation is filed) shall be returned to such individual, “(C) no credit shall be allowed for any service as a judge of the Claims Court or as a commissioner of the United States Court of Claims unless with respect to such service either there has been deducted and withheld the amount required by chapter 83 or 84 (as the case may be) of title 5 or there has been deposited in the Civil Service Retirement and Disability Fund an amount equal to the amount so required, with interest, “(D) the Claims Court shall deposit in the Civil Service Retirement and Disability Fund an amount equal to the additional amount it would have contributed to such Fund but for the election under subsection (f), and “(E) if subparagraph (D) is complied with, service on the Claims Court or as a commissioner of the United States Court of Claims shall be treated as service with respect to which deductions and contributions had been made during the period of service. “(l) (1) There is established in the Treasury a fund which shall be known as the ‘Claims Court Judges Retirement Fund’. The Fund is appropriated for the payment of annuities and other payments under this section. “(2) The Secretary of the Treasury shall invest, in interest bearing securities of the United States, such currently available portions of the Claims Court Judges Retirement Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund. “(3) (A) There are authorized to be appropriated to the Claims Appropriation authorization. Court Judges Retirement Fund amounts required to reduce to zero the unfunded liability of the Fund. “(B) For purposes of subparagraph (A), the term ‘unfunded liability’ means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31, of the present value of all benefits payable from the Claims Court Judges Retirement Fund, over the balance in the Fund as of the date the unfunded liability is determined. In making any determination under this subparagraph, the Comptroller General shall use the applicable information contained in the reports filed pursuant to section 9503 of title 31, with respect to the retirement annuities provided for in this section. “(C) There are authorized to be appropriated such sums as may be Appropriation authorization. necessary to carry out this paragraph.”. (2) The table of sections at the beginning of chapter 7 of title 28, United States Code, is amended by adding at the end the following new item: ”178. Retirement of judges of the Claims Court.”. (b) Judicial Survivors’ Annuities.— Section 376 of title 28, United States Code, is amended as follows: (1) Subsection (a)(1) is amended— (A) by striking out “or” at the end of subparagraph (E); (B) by adding “or” at the end of subparagraph (F); (C) by inserting after subparagraph (F) the following: “(G) a judge of the United States Claims Court;”; (D) by striking out “or (v)” and inserting in lieu thereof “(v)”; and (E) by inserting before the semicolon at the end thereof the following: “, or (vi) the date of the enactment of the Federal Courts Study Committee Implementation Act of 1990, in the case of a full-time judge of the Claims Court in active service on that date”. (2) Subsection (a)(2) is amended— (A) by striking out “and” at the end of subparagraph (E); (d) by adding “and” at the end of subparagraph (F); and (C) by adding at the end thereof the following: “(G) in the case of a judge of the United States Claims Court, an annuity paid under section 178 of this title;”. (3) Subsection (b) is amended in the last sentence by striking out “section 377” each place it appears and inserting in each such place “section 178 or 377”. (c) Civil Service Retirement System.— (1) Section 8331 of title 5, United States Code, is amended— (A) by striking out “and” at the end of paragraph (24); (B) by striking out the period at the end of paragraph (25) and inserting in lieu thereof “; and”; and (C) by adding at the end thereof the following new paragraph: “(26) ‘Claims Court judge’ means a judge of the United States Claims Court who is appointed under chapter 7 of title 28 or who has served under section 167 of the Federal Courts Improvement Act of 1982.”. (2) Section 8334 of title 5, United States Code, is amended— (A) in subsection (a)(1), by inserting “a Claims Court judge,” after “Member,”; and (b) in subsection (c), by inserting at the end of the table the following: “Claims Court Judge 2½ August 1, 1920, to June 30, 1926. 3½ July 1, 1926, to June 30, 1942. 5 July 1, 1942, to June 30, 1948. 6 July 1, 1948, to October 31, 1956. 6½ November 1, 1956, to December 31, 1969. 7 January 1, 1970, to September 30, 1988. 8 After September 30, 1988.”. (3) Section 8336(k) of title 5, United States Code, is amended to read as follows: “(k) A bankruptcy judge, United States magistrate, or Claims Court judge who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge, United States magistrate, or Claims Court judge, is entitled to an annuity.”. (4) Section 8339(n) of title 5, United States Code, is amended to read as follows: “(n) The annuity of an employee who is a Claims Court judge, bankruptcy judge, or United States magistrate is computed, with respect to service as a Claims Court judge, as a commissioner of the Court of Claims, as a referee in bankruptcy, as a bankruptcy judge, as a United States magistrate, and as a United States commissioner and with respect to the military service of any such individual (not exceeding 5 years) creditable under section 8332 of this title, by multiplying 2½ percent of the individual’s average pay by the years of that service.”. (d) Thrift Savings Plan.— (1) Subchapter III of chapter 84 of title 5, United States Code, is amended by adding at the end thereof the following: “§ 8440b. Claims Court judges “(a) (1) A judge of the United States Claims Court who is covered by section 178 of title 28 may elect to contribute an amount of such individual’s basic pay to the Thrift Savings Fund. “(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) for individuals subject to this chapter. “(b) (1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to Claims Court judges who make contributions to the Thrift Savings Fund under subsection (a) of this section. “(2) The amount contributed by a Claims Court judge for any pay period shall not exceed 5 percent of basic pay for such pay period. “(3) No contributions shall be made under section 8432(c) of this title for the benefit of a Claims Court judge making contributions under subsection (a) of this section. “(4) (A) Section 8433(b) of this title applies to a Claims Court judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires entitled to an annuity under section 178 of title 28 (including a disability annuity under subsection (d) of such section). “(B) Section 8433(d) of this title applies to any Claims Court judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before becoming entitled to an annuity under section 178 of title 28. “(5) With respect to Claims Court judges to whom this section applies, retirement under section 178 of title 28 is a separation from service for purposes of this subchapter and subchapter VII. “(6) For purposes of this section, the terms ‘retirement’ and ‘retire’ include removal from office under section 178(c) of title 28 on the sole ground of mental or physical disability. “(7) Sums contributed pursuant to this section by Claims Court judges, as well as all previous contributions to the Thrift Savings Fund by those judges, and earnings attributable to such sums and contributions, may be invested and reinvested only in the Government Securities Investment Fund established under section 8438(b)(1)(A) of this title. “(8) In the case of a Claims Court judge who receives a distribution from the Thrift Savings Plan and who later receives an annuity under section 178 of title 28, such annuity shall be offset by an amount equal to the amount which represents the Government’s contribution to that person’s Thrift Savings Account, without regard to earnings attributable to that amount. Where such an offset would exceed 50 percent of the annuity to be received in the first year, the offset may be divided equally over the first 2 years in which that person receives the annuity.”. (2) The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by adding at the end thereof the following: “8440b. Claims Court judges.”. (e) Technical and Conforming Amendments.— (1) (A) Section 402(1) of the Judicial Improvements and Access to Justice Act (102 Stat. 4650) is amended by striking out “redesignating paragraph 28 USC 604. (18)” and inserting in lieu thereof “redesignating paragraph (19)”. (B) Section 604(a) of title 28, United States Code, (relating to the duties of the Director of the Administrative Office of the United States Courts), as amended pursuant to the amendment made by subparagraph (A) of this paragraph, is amended— (i) in paragraph (7) by inserting “judges of the United States Claims Court,” after “judges of the United States,”; (ii) by redesignating paragraph (23) as paragraph (24); and (iii) by inserting after paragraph (22) the following: “(23) Regulate and pay annuities to judges of the United States Claims Court in accordance with section 178 of this title; and”. (2) Section 8334(i) of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: “(5) Notwithstanding any other provision of law, a judge of the United States Claims Court who is covered by section 178 of title 28 shall not be subject to deductions and contributions to the Fund if the judge notifies the Director of the Administrative Office of the United States Courts of an election of a retirement annuity under those provisions. Upon such an election, the judge shall be entitled to a lump-sum credit under section 8342(a) of this title.”. (3) Section 8402 of title 5, United States Code, is amended by adding at the end the following new subsection: “(g) A judge of the United States Claims Court who is covered by section 178 of title 28 shall be excluded from the operation of this chapter, other than subchapters III and VII of such chapter if the judge notifies the Director of the Administrative Office of the United States Courts of an election of a retirement annuity under those provisions. Upon such election, the judge shall be entitled to a lump-sum credit under section 8424 of this title.”. (f) Effective Date.— This section and the amendments made by this section shall apply to judges of, and senior judges in active service with, the United States Claims Court on or after the date of the enactment of this Act. SEC. 307. APPOINTMENT OF DIRECTOR AND DEPUTY DIRECTOR OF THE ADMINISTRATIVE OFFICE. Section 601 of title 28, United States Code, is amended in the second sentence by striking out “Supreme Court” and inserting in lieu thereof “Chief Justice of the United States, after consulting with the Judicial Conference”. SEC. 308. MAGISTRATES. (a) Consent to Trial in Civil Actions.— Section 636(c)(2) of title 28, United States Code, is amended— (1) in the first sentence, by striking out “their right to consent to the exercise of” and inserting in lieu thereof “the availability of a magistrate to exercise”; and (2) by striking out the third sentence and inserting in lieu thereof the following: “Thereafter, either the district court judge or the magistrate may again advise the parties of the availability of the magistrate, but in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences.”. (b) Extension of Terms of Office of Magistrates.— Section 631(f) of title 28, United States Code, is amended by striking out “60” and inserting in lieu thereof “180”. SEC. 309. APPEAL OF CERTAIN DETERMINATIONS RELATING TO BANKRUPTCY CASES. (a) Abstention Determinations Under Title11, United States Code.— Section 305(c) of title 11, United States Code, is amended by inserting before the period the following: “by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title”. (b) Abstention Determinations Under Title 28, United States Code.— The second sentence of section 1334(c)(2) of title 28, United States Code, is amended— (1) by inserting “or not to abstain” after “to abstain”, and (2) by inserting the following before the period: “by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title”. (c) Remand Determinations Under Title 28, United States Code.— The second sentence of section 1452(b) of title 28, United States Code, is amended by inserting the following before the period: “by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title”. SEC. 310. SUPPLEMENTAL JURISDICTION. (a) Grant of Jurisdiction.— Chapter 85 of title 28, United States Code, is amended by adding at the end thereof the following new section: “§ 1367. Supplemental jurisdiction “(a) Except as provided in subsections (b) and (c) or as expressly Claims. provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties. “(b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332. “(c) The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if— “(1) the claim raises a novel or complex issue of State law, “(2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction, “(3) the district court has dismissed all claims over which it has original jurisdiction, or “(4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction. “(d) The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period. “(e) As used in this section, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.”. (b) Technical and Conforming Amendment.— The table of sections for chapter 85 of title 28, United States Code, is amended by adding at the end thereof the following new item: “1367. Supplemental jurisdiction.”. (c) Effective Date.— The amendments made by this section shall apply to civil actions commenced on or after the date of the enactment of this Act. SEC. 311. VENUE. Section 1391 of title 28, United States Code, is amended— (1) in subsection (a), by striking out “the judicial district” and all that follows through “arose” and inserting in lieu thereof the following: “(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which the defendants are subject to personal jurisdiction at the time the action is commenced”; (2) in subsection (b), by striking out “may be brought” and all that follows through “law” and inserting in lieu thereof the following: “may, except as otherwise provided by law, be brought only if (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought”; (3) in subsection (e) by striking out “or (2)” and all that follows through “(4)”, and inserting in lieu thereof “(2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3)”. SEC. 312. REMOVAL OF SEPARATE AND INDEPENDENT CLAIMS. Section 1441(c) of title 28, United States Code, is amended— (1) by striking out “, which would be removable if sued upon alone” and inserting in lieu thereof “within the jurisdiction conferred by section 1331 of this title”; and (2) by striking out “remand all matters not otherwise within its original jurisdiction” and inserting in lieu thereof “may remand all matters in which State law predominates”. SEC. 313. STATUTE OF LIMITATIONS. (a) In General.— Chapter 111 of title 28, United States Code, is amended by adding at the end thereof the following: “§ 1658. Time limitations on the commencement of civil actions arising under Acts of Congress “Except as otherwise provided by law, a civil action arising under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues.”. (b) Technical and Conforming Amendment.— The table of sections at the beginning of chapter 111 of title 28, United States Code, is amended by adding at the end thereof the following new item: “1658. Time limitations on the commencement of civil actions arising under Acts of Congress.”. (c) Effective Date.— The amendments made by this section shall 28 USC 1658 note. apply with respect to causes of action accruing on or after the date of the enactment of this Act. SEC. 314. WITNESS AND JUROR FEES. (a) Witness Fees.— Section 1821(b) of title 28, United States Code, is amended by striking out “$30” and inserting in lieu thereof “$40”. (b) Juror Fees.— Section 1871(b) of title 28, United States Code, is amended— (1) in paragraph (1) by striking out “$30” and inserting in lieu thereof “$40”; (2) in paragraph (2) by striking out “$5” and inserting in lieu thereof “$10”; and (3) in paragraph (3) by striking out “$5” and inserting in lieu thereof “$10”. SEC. 315. POWER OF SUPREME COURT TO DEFINE FINAL DECISION FOR PURPOSES OF SECTION 1291 OF TITLE 28, UNITED STATES CODE. Section 2072 of title 28, United States Code, is amended by adding at the end thereof the following: “(c) Such rules may define when a ruling of a district court is final for the purposes of appeal under section 1291 of this title.”. SEC. 316. EXTENSION OF LIFE OF PAROLE COMMISSION. For the purposes of section 235(b) of Public Law 98–473 as it relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to “five years” or a “five-year period” shall be deemed a reference to “ten years” or a “ten-year period”, respectively. SEC. 317. BANKRUPTCY ADMINISTRATOR PROGRAM. (a) Extension.— Section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99–554; 28 U.S.C. 581 note) is amended— (1) in subparagraph (A)(ii), by striking out “October 1, 1992” and inserting in lieu thereof “October 1, 2002”; (2) in subparagraph (F)(i)(II), by striking out “October 1, 1992” and inserting in lieu thereof “October 1, 2002”: (3) in subparagraph (F)(i), by striking out “October 1, 1993” and inserting in lieu thereof “October 1, 2003”; and (4) in subparagraph (F)(ii), by striking out “October 1, 1993” and inserting in lieu thereof “October 1, 2003”. (b) Standing.— A bankruptcy administrator may 11 USC 307 note. raise and may appear and be heard on any issue in any case under title 11, United States Code, but may not file a plan pursuant to section 1121(c) of such title. (c) Power of the Court.— Section 302(d)(3)(A)(ii) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, as amended by subsection (a), is further amended by inserting before the period at the end thereof the following: “, except that the amendment to section 105(a) of title 11, United States Code, shall become effective as of the date of the enactment of the Federal Courts Study Committee Implementation Act of 1990”. SEC. 318. STUDY OF FEDERAL DEFENDER PROGRAM. (a) Study Required.— The Judicial Conference of the United States shall conduct a study of the Federal defender program under the Criminal Justice Act of 1964, as amended (enacting section 3006A of title 18, United States Code). (b) Assessment of Program.— In conducting the study, the Judicial Conference shall assess the effectiveness of the Federal defender program, including the following: (1) The impact of judicial involvement in the selection and compensation of the Federal public defenders and the independence of Federal defender organizations, including the establishment and termination of Federal defender organizations and the Federal public defender and the community defender options. (2) Equal employment and affirmative action procedures in the various Federal defender programs. (3) Judicial involvement in the appointment and compensation of panel attorneys and experts. (4) Adequacy of compensation for legal services provided under the Criminal Justice Act of 1964. (5) The quality of the Criminal Justice Act of 1964 representation. (6) The adequacy of administrative support for defender services programs. (7) Maximum amounts of compensation for attorneys with regard to appeals of habeas corpus proceedings. (8) Contempt, sanctions, and malpractice representation of panel attorneys. (9) Appointment of counsel in multidefendant cases. (10) Early appointment of counsel in general, and prior to the pretrial services interview in particular. (11) The method and source of payment of the fees and expenses of fact witnesses for defendants with limited funds. (12) The provisions of services or funds to financially eligible arrested but unconvicted persons for noncustodial transportation and subsistence expenses, including food and lodging, both prior to and during judicial proceedings. (3) Report.— No later than March 31, 1992, the Judicial Conference shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the results of the study required under subsection (a). The report shall include— (1) any recommendations for legislation that the Judicial Conference finds appropriate; (2) a proposed formula for the compensation of Federal defender program counsel that includes an amount to cover reasonable overhead and a reasonable hourly fee; and (3) a discussion of any procedural or operational changes that the Judicial Conference finds appropriate for implementation by the courts of the United States. SEC. 319. AMENDMENTS TO THE ETHICS IN GOVERNMENT ACT OF 1978. Section 502 of the Ethics in Government Act of 1978 (5 U.S.C. App.), as amended by the Ethics Reform Act of 1989, is amended— (1) by inserting “(a) Limitations.—” before the first sentence; and (2) by adding at the end thereof the following new subsection: “(b) Senior Judges Teaching Compensation.— Any compensation for teaching received by a senior judge (as designated under section 294(b) of title 28, United States Code) approved under subsection (a)(5) of this section shall not be treated as outside earned income for the purpose of the limitation under section 501(a).”. SEC. 320. BIENNIAL CIRCUIT JUDICIAL CONFERENCE. The first paragraph of section 333 of title 28, United States Code, is amended— (1) in the first sentence, by striking out “annually” and inserting “biennially, and may summon annually,”; and (2) in the last sentence— (A) by striking out “the United States District Court for the District of the Canal Zone,”; and (B) by striking out “and the District Court of the Virgin Islands shall also be summoned annually” and inserting in lieu thereof “the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands shall also be summoned biennially, and may be summoned annually,”. SEC. 321. CHANGE OF NAME OF UNITED STATES MAGISTRATES. After the enactment of this Act, each United States magistrate appointed under section 631 of title 28, United States Code, shall be known as a United States magistrate judge, and any reference to any United States magistrate or magistrate that is contained in title 28, United States Code, in any other Federal statute, or in any regulation of any department or agency of the United States in the executive branch that was issued before the enactment of this Act, shall be deemed to refer to a United States magistrate judge appointed under section 631 of title 28, United States Code. SEC. 322. LENGTH OF SERVICE REQUIRED FOR ELIGIBILITY UNDER THE JUDICIAL SURVIVORS’ ANNUITIES ACT. (a) Eligibility in Case of Death by Assassination.— Section 376(h)(1) of title 28, United States Code, is amended— (1) in the matter preceding subparagraph (A)— (A) by inserting “(A)” before “after having completed”; and (B) by inserting after “have actually been made” the following: “, or (B) if the death of such judicial official was by assassination, before having satisfied the requirements of clause (A) if, for the period of such service, the deductions provided by subsection (b) or, in lieu thereof, the deposits required by subsection (d) have actually been made”; (2) by redesignating existing subparagraph (A) as clause (i); (3) in existing subparagraph (B)— (A) by striking out “(B)” and inserting in lieu thereof “(ii)”; (B) by striking out “(i)” and inserting in lieu thereof “(I)”; and (C) by striking out “(ii)” and inserting in lieu thereof “(II)”; (4) in existing subparagraph (C)— (A) by striking out “(C)” and inserting in lieu thereof “(iii)”; (B) in clause (i)— (i) by striking out “(i)” and inserting in lieu thereof “(I)”; (ii) by striking out “subparagraph (1)(A) of this subsection” and inserting in lieu thereof “clause (i) of this paragraph”; (iii) by striking out “(ii)” and inserting in lieu thereof “(II)”; and (iv) by striking out “(iii)” and inserting in lieu thereof “(III)”; and (5) by adding at the end of subsection (h) the following: “(6) In the case of the survivor or survivors of a judicial official to whom paragraph (1)(B) applies, there shall be deducted from the annuities otherwise payable under this section an amount equal to the amount of salary deductions that would have been made if such deductions had been made for 18 months prior to the judicial official’s death.”. (b) Definition of Assassination.— Section 376(a) of title 28, United States Code, is amended— (1) in paragraph (5)(C) by striking out “and” after the semicolon; (2) in paragraph (6) by striking out the period and inserting in lieu thereof “; and”; and (3) by inserting at the end the following new paragraph: “(7) ‘assassinated’ and ‘assassination’ mean the killing of a judicial official described in paragraph (1) (A), (B), (F), or (G) of this subsection that is motivated by the performance by that judicial official of his or her official duties.”. (c) Determination of Assassination by Director.— Section 376(i) of title 28, United States Code, is amended— (1) by inserting “(1)” after “(i)”; and (2) by adding at the end thereof the following: “(2) The Director of the Administrative Office of the United States Courts shall determine whether the killing of a judicial official was an assassination, subject to review only by the Judicial Conference of the United States. The head of any Federal agency that investigates the killing of a judicial official shall provide information to the Director that would assist the Director in making such determination.”. (d) Computation of Widow’s and Widower’s Annuity.— Section 376(l)(1)(ii) of title 28, United States Code, is amended by striking out “but more than eighteen months,”. (e) Refund of Contributions to Fund.— Section 376(o) of title 28, United States Code, is amended— (1) by inserting “(1)” after “(o)”; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (3) in subparagraph (A) as so redesignated, by inserting “subject to paragraph (2) of this subsection,” before “before having completed”; and (4) by adding at the end thereof the following new paragraph: “(2) In cases in which a judicial official dies as a result of assassination and leaves a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) or (t) of this section, paragraph (1)(A) of this subsection shall not apply.”. (f) Other Benefits.— Section 376 of title 28, United States Code, is amended by adding at the end thereof the following: “(u) In the case of a judicial official who is assassinated, an annuity shall be paid under this section notwithstanding a survivor’s eligibility for or receipt of benefits under chapter 81 of title 5, except that the annuity for which a surviving spouse is eligible under this section shall be reduced to the extent that the total benefits paid under this section and chapter 81 of title 5 for any year would exceed the current salary for that year of the office of the judicial official.”. (g) Effective Date and Transition.— (1) Effective date.— Subject to paragraph (2), the amendments made by this Act shall apply to all judicial officials assassinated on or after May 28, 1979. (2) Rules for retroactive application.— (A) In the case of a judicial official who was assassinated on or after May 28, 1979, and before the date of the enactment of this Act, if the salary deductions provided by subsection (b) of section 376 of title 28, United States Code, or the deposits required by subsection (d) of such section, have been withdrawn pursuant to subsection (o) of such section, there shall be deducted from the annuities otherwise payable to the survivor or survivors of such judicial official, and the payment authorized by subparagraph (C) of this paragraph, an amount equal to the amount so withdrawn, with interest on the amount withdrawn at 3 percent per annum compounded on December 31 of each year. (B) In the case of the survivor or survivors of a judicial official to whom this paragraph applies who had less than 18 months of service before being assassinated, there shall be deducted from the annuities otherwise payable to the survivor or survivors of such judicial official, and the payment authorized by subparagraph (C) of this paragraph, an amount equal to the amount of salary deductions that would have been made if such deductions been made for 18 months before the judicial official’s death, plus interest as described in subparagraph (A). (C) Subject to subparagraphs (A) and (B), the survivor or survivors of a judicial official to whom this paragraph applies shall be entitled to the payment of annuities they would have received under section 376 of title 28, United States Code, for the period beginning on the date such judicial official was assassinated and ending the date of the enactment of this Act. The Secretary of the Treasury shall pay into the Judicial Survivors’ Annuities fund, out of any money in the Treasury not otherwise appropriated, the amount of the annuities to which the survivor or survivors are entitled under this subparagraph. (3) Definition.— For purposes of this subsection, the term— (A) “assassinated” has the meaning given that term in section 376(a)(7) of title 28, United States Code, as added by this section; and (B) “judicial official” has the meaning given that term in section 376(a)(1)(A) and (B) of title 28, United States Code. (g) Conforming Amendments.— Section 376 of title 28, United States Code, is amended as follows: (1) Subsection (h) is amended— (A) in paragraph (2) by striking out “subparagraphs (1)(A) or (1)(B)” and inserting in lieu thereof “clause (i) or (ii) of paragraph (1)”; (B) in paragraph (3) by striking out “subparagraph” each place it appears and inserting in each such place “paragraph”; (C) in paragraph (4)— (i) by striking out “subparagraph (1)(B)” each place it appears and inserting in each such place “paragraph (l)(ii)”; and (ii) by striking out “subparagraph (1)(C)” and inserting in lieu thereof “paragraph (l)(iii)”. (2) Subsection (a)(5)(C) is amended by striking out “subparagraph” and inserting in lieu thereof “paragraph”. SEC. 323. COMPOSITION OF JUDICIAL COUNCILS. (a) Composition of Councils.— Section 332(a)(1) of title 28, United States Code, is amended to read as follows: “(a) (1) The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he or she may designate, a meeting of the judicial council of the circuit, consisting of the chief judge of the circuit, who shall preside, and an equal number of circuit judges and district judges of the circuit, as such member is determined by majority vote of all such judges of the circuit in regular active services.’. (b) Conforming Amendment.— Section 332(a) of title 28, United States Code, is amended by striking out paragraph (3) and redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively. SEC. 324. MISCELLANEOUS PROVISIONS. (a) Place of Holding Court.— (1) Section 108 of title 28, United States Code, is amended by striking out “and Reno” in the last sentence and inserting in lieu thereof “, Reno, Ely, and Lovelock”. (2) Section 112(a) of title 28, United States Code, is amended by striking out “and Utica” in the last sentence and inserting in lieu thereof “Utica, and Watertown”. (b) Revision of Divisions of South Dakota Judicial District.— Section 122 of title 28, United States Code, is amended— (1) in paragraph (3), by striking out “Jackson,”; and (2) by paragraph (4)— (A) by inserting “Jackson,” after “Harding,”; and (B) by striking out “Shannon, Washabaugh, and Washington” and inserting in lieu thereof “and Shannon”. SEC. 325. MISCELLANEOUS TECHNICAL AMENDMENTS. (a) Title 9, United States Code.— (1) The section 15 of title 9, United States Code, that is designated “Appeals” is amended by redesignating such section as section 16. (2) The table of sections at the beginning of chapter 1 of title 9, United States Code, is amended by striking out “15. Appeals.” and inserting in lieu thereof “15. Inapplicability of the Act of State doctrine. “16. Appeals.”. (b) Title 28, United States Code.— Title 28, United States Code, is amended as follows: (1) Section 332(f)(1) is amended by striking out “(5 U.S.C. 5316)” and inserting in lieu thereof “under section 5315 of title 5”. (2) Section 375(a)(1) is amended by striking out “377 of title” and inserting in lieu thereof “377 of this title”. (3) Section 377 is amended— (A) in subsection (f) by striking out “any annuity to which” and all that follows through the end of the subsection and inserting in lieu thereof the following: “(1) any annuity to which such judge or magistrate would otherwise have been entitled under subchapter III of chapter 83, or under chapter 84 (except for subchapters III and VII), of title 5, for service performed as such a judge or magistrate or otherwise; “(2) an annuity or salary in senior status or retirement under section 371 or 372 of this title; “(3) retired pay under section 7447 of the Internal Revenue Code of 1986; or “(4) retired pay under section 4096 of title 38.”; and (B) in subsection (h) by striking out “in or after” and inserting in lieu thereof “on or after”. (4) Section 602(b) is amended by striking out “604(a)(15)(B)” and inserting in lieu thereof “604(a)(16)(B)”. (5) Section 995(a)(22) is amended by striking out “and” after the semicolon. (6) Section 996(b) is amended by striking out “89 (Health Insurance), and 91 (Conflicts of Interest)” and inserting in lieu thereof “and 89 (Health Insurance)”. (7) Section 1499 is amended by inserting “and Safety” after “Hours”. (8) Section 1605(a)(6) is amended by striking out “State” and inserting in lieu thereof “state”. (9) Section 1610 is amended— (A) in subsection (a)(6) by striking out “State” and inserting in lieu thereof “state”; and (B) in subsection (e) by striking out “State” and inserting in lieu thereof “state”. (c) Other Provisions of Law.— (1) Section 1011 of the Judicial Improvements and Access to Justice Act (102 Stat. 4668) is 28 USC 604. amended— (A) by striking out “inserting a comma in lieu of the semi-colon at the end thereof and adding thereafter” and inserting in lieu thereof “at the end”; and (B) by striking out “: Provided, That” and inserting in lieu thereof “, except that”. (2) Section 204(b)(5)(A)(ii) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989 (102 Stat. 2201) is amended by striking out “whichever, 28 USC 533 note. occurs later,” and inserting in lieu thereof “whichever occurs later,”.
1996
Pub. L. 104–317 § 202(b)(1) · 110 Stat. 3847
Substituted · 28 U.S.C. § 636(a)(3)
Pub. L. 104–317, § 202(b)(1), substituted a semicolon for “, and” at end
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 104–317, § 202(b)(1), substituted a semicolon for “, and” at end.
Enacted provision · exact public law section
(1) by striking out “, and” at the end of paragraph (3) and inserting in lieu thereof a semicolon; and
1996
Pub. L. 104–317 § 202(b)(2) · 110 Stat. 3847
1. Added · 28 U.S.C. § 636(a)(4); 28 U.S.C. § 636(a)(5)
  Pub. L. 104–317, § 202(b)(2), added pars. (4) and (5)
2. Struck · 28 U.S.C. § 636(a)(4); 28 U.S.C. § 636(a)(5)
  Pub. L. 104–317, § 202(b)(2), struck out former par. (4) which read as follows: “the power to enter a sentence for a misdemeanor or infraction with the consent of the parties.”
Source evidence
Code amendment note
Subsec. (a)(4), (5). Pub. L. 104–317, § 202(b)(2), added pars. (4) and (5) and struck out former par. (4) which read as follows: “the power to enter a sentence for a misdemeanor or infraction with the consent of the parties.”
Enacted provision · exact public law section
(2) by striking out paragraph (4) and inserting the following: “(4) the power to enter a sentence for a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction; and “(5) the power to enter a sentence for a class A misdemeanor, or a class B or C misdemeanor not covered by paragraph (4), in a case in which the parties have consented.”.
1996
Pub. L. 104–317 § 207(1)(A) · 110 Stat. 3847
Substituted · 28 U.S.C. § 636(c)(3)
Pub. L. 104–317, § 207(1)(A), substituted “The consent of the parties” for “In this circumstance, the consent of the parties”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 104–317, § 207(1)(A), substituted “The consent of the parties” for “In this circumstance, the consent of the parties”.
Enacted provision · exact public law section
(A) in paragraph (3) by striking out “In this circumstance, the” and inserting in lieu thereof “The”;
1996
Pub. L. 104–317 § 207(1)(B) · 110 Stat. 3847
1. Redesignated · 28 U.S.C. § 636(c)(4)(7)
  Pub. L. 104–317, § 207(1)(B), (C), redesignated pars. (6) and (7) as (4) and (5)
2. Struck · 28 U.S.C. § 636(c)(4)(7)
  Pub. L. 104–317, § 207(1)(B), (C), struck out former pars. (4) and (5) which read as follows:
Source evidence
Code amendment note
Subsec. (c)(4) to (7). Pub. L. 104–317, § 207(1)(B), (C), redesignated pars. (6) and (7) as (4) and (5) and struck out former pars. (4) and (5) which read as follows:
“(4) Notwithstanding the provisions of paragraph (3) of this subsection, at the time of reference to a magistrate, the parties may further consent to appeal on the record to a judge of the district court in the same manner as on an appeal from a judgment of the district court to a court of appeals. Wherever possible the local rules of the district court and the rules promulgated by the conference shall endeavor to make such appeal inexpensive. The district court may affirm, reverse, modify, or remand the magistrate’s judgment. “(5) Cases in the district courts under paragraph (4) of this subsection may be reviewed by the appropriate United States court of appeals upon petition for leave to appeal by a party stating specific objections to the judgment. Nothing in this paragraph shall be construed to be a limitation on any party’s right to seek review by the Supreme Court of the United States.”
Enacted provision · exact public law section
(B) by striking out paragraphs (4) and (5); and
1996
Pub. L. 104–317 § 207(2) · 110 Stat. 3847
Struck · 28 U.S.C. § 636(d)
Pub. L. 104–317, § 207(2), struck out “, and for the taking and hearing of appeals to the district courts,” after “officers serving under this chapter”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–317, § 207(2), struck out “, and for the taking and hearing of appeals to the district courts,” after “officers serving under this chapter”.
Enacted provision · exact public law section
(2) in subsection (d) by striking out “, and for the taking and hearing of appeals to the district courts,”.
1996
Pub. L. 104–317 § 201 · 110 Stat. 3847
Substituted · 28 U.S.C. § 636(f)
Pub. L. 104–317, § 201, substituted “subsection (a), (b), or (c)” for “subsection (a) or (b)” in first sentence
Source evidence
Code amendment note
Subsec. (f). Pub. L. 104–317, § 201, substituted “subsection (a), (b), or (c)” for “subsection (a) or (b)” in first sentence.
Enacted provision · exact public law section
SEC. 201. 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)”.
2000
Pub. L. 106–518 § 203(b) · 114 Stat. 2410
1. Added · 28 U.S.C. § 636(a)(4); 28 U.S.C. § 636(a)(5)
  Pub. L. 106–518, § 203(b), added pars. (4) and (5)
2. Struck · 28 U.S.C. § 636(a)(4); 28 U.S.C. § 636(a)(5)
  Pub. L. 106–518, § 203(b), struck out former pars. (4) and (5) which read as follows:
Source evidence
Code amendment note
Subsec. (a)(4), (5). Pub. L. 106–518, § 203(b), added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows:
“(4) the power to enter a sentence for a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction; and “(5) the power to enter a sentence for a class A misdemeanor, or a class B or C misdemeanor not covered by paragraph (4), in a case in which the parties have consented.”
Enacted provision · exact public law section
(b) Amendments to Title 28.— Section 636(a) of title 28, United States Code, is amended by striking paragraphs (4) and (5) and inserting the following: “(4) the power to enter a sentence for a petty offense; and “(5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.”.
2000
Pub. L. 106–518 § 202 · 114 Stat. 2410
Amended · 28 U.S.C. § 636(e)
Pub. L. 106–518, § 202, amended subsec. (e) generally. Prior to amendment, subsec. (e) specified conduct before a magistrate judge which constituted contempt of court and prescribed procedure for adjudicating and punishing contempts
Source evidence
Code amendment note
Subsec. (e). Pub. L. 106–518, § 202, amended subsec. (e) generally. Prior to amendment, subsec. (e) specified conduct before a magistrate judge which constituted contempt of court and prescribed procedure for adjudicating and punishing contempts.
Enacted provision · exact public law section
SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY. Section 636(e) of title 28, United States Code, is amended to read as follows: “(e) Contempt Authority.— “(1) In general.— A United States magistrate judge serving under this chapter shall have within the territorial jurisdiction prescribed by the appointment of such magistrate judge the power to exercise contempt authority as set forth in this subsection. “(2) Summary criminal contempt authority.— A magistrate judge shall have the power to punish summarily by fine or imprisonment such contempt of the authority of such magistrate judge constituting misbehavior of any person in the magistrate judge’s presence so as to obstruct the administration of justice. The order of contempt shall be issued under the Federal Rules of Criminal Procedure. “(3) Additional criminal contempt authority in civil consent and misdemeanor cases.— In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge shall have the power to punish, by fine or imprisonment, criminal contempt constituting disobedience or resistance to the magistrate judge’s lawfill writ, process, order, rule, decree, or command. Disposition of such contempt shall be conducted upon notice and hearing under the Federal Rules of Criminal Procedure. “(4) Civil contempt authority in civil consent and misdemeanor cases.— In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge may exercise the civil contempt authority of the district court. This paragraph shall not be construed to limit the authority of a magistrate judge to order sanctions under any other statute, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure. “(5) Criminal contempt penalties.— The sentence imposed by a magistrate judge for any criminal contempt provided for in paragraphs (2) and (3) shall not exceed the penalties for a Class C misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6) of title 18. “(6) Certification of other contempts to the district court.— Upon the commission of any such act— “(A) in any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, or in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, that may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this subsection, or “(B) in any other case or proceeding under subsection (a) or (b) of this section, or any other statute, where— “(i) the act committed in the magistrate judge’s presence may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this subsection, “(ii) the act that constitutes a criminal contempt occurs outside the presence of the magistrate judge, or “(iii) the act constitutes a civil contempt, the magistrate judge shall forthwith certify the facts to a district judge and may serve or cause to be served, upon any person whose behavior is brought into question under this paragraph, an order requiring such person to appear before a district judge upon a day certain to show cause why that person should not be adjudged in contempt by reason of the facts so certified. The district judge shall thereupon hear the evidence as to the act or conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a district judge. “(7) Appeals of magistrate judge contempt orders.— The appeal of an order of contempt under this subsection shall be made to the court of appeals in cases proceeding under subsection (c) of this section. The appeal of any other order of contempt issued under this section shall be made to the district court.”.
2002
21st Century Department of Justice Appropriations Authorization Act
Pub. L. 107–273 § 3002(b)(1) · 116 Stat. 1758
Inserted · 28 U.S.C. § 636(e)(2)
Pub. L. 107–273, § 3002(b)(1), inserted “, or both,” after “fine or imprisonment”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 107–273, § 3002(b)(1), inserted “, or both,” after “fine or imprisonment”.
Enacted provision · exact public law section
(1) in subsection (e)(2), by inserting “, or both,” after “fine or imprisonment”; and
2002
21st Century Department of Justice Appropriations Authorization Act
Pub. L. 107–273 § 3002(b)(2) · 116 Stat. 1758
Inserted · 28 U.S.C. § 636(e)(3)
Pub. L. 107–273, § 3002(b)(2), inserted “or both,” after “fine or imprisonment,”
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 107–273, § 3002(b)(2), inserted “or both,” after “fine or imprisonment,”.
Enacted provision · exact public law section
(2) in subsection (e)(3), by inserting “or both,” after “fine or imprisonment,”.
2005
Federal Judiciary Emergency Special Sessions Act of 2005
Pub. L. 109–63 § 2(d) · 119 Stat. 1993
Substituted · 28 U.S.C. § 636(a)
Pub. L. 109–63 substituted “district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—” for “territorial jurisdiction prescribed by his appointment—” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–63 substituted “district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—” for “territorial jurisdiction prescribed by his appointment—” in introductory provisions.
Enacted provision · exact public law section
(d) United States Magistrate Judges.— Section 636 of title 28, United States Code, is amended in subsection (a) by striking “territorial jurisdiction prescribed by his appointment—” and inserting “district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—”.
2009
Statutory Time-Periods Technical Amendments Act of 2009
Pub. L. 111–16 § 6(1) · 123 Stat. 1607
Substituted · 28 U.S.C. § 636(b)(1)
Pub. L. 111–16 substituted “fourteen days” for “ten days” in concluding provisions
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 111–16 substituted “fourteen days” for “ten days” in concluding provisions.
Enacted provision · exact public law section
(1) in section 636(b)(1), by striking “ten days” and inserting “fourteen days”;
Effective date note
Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.

28 of 32 references resolved to an enrolled provision · 4 partial

Notes

Historical and Revision Notes

Prior jurisdiction, powers, and procedure provisions in section 632.—Based on sections 27, 66, 67, 68, 80f, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5, 404c–5, and 408m of title 16, U.S.C., 1940 ed., Conservation (May 7, 1894, ch. 72, § 5, 28 Stat. 74; Apr. 20, 1904, ch. 1400, § 6, 33 Stat. 188; Mar. 2, 1907, ch. 2516, §§ 1, 2, 34 Stat. 1218; Mar. 3, 1911, ch. 230, 36 Stat. 1086; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Aug. 22, 1914, ch. 264, § 6, 38 Stat. 700; June 30, 1916, ch. 197, § 6, 39 Stat. 245; Aug. 21, 1916, ch. 368, § 6, 39 Stat. 523; June 2, 1920, ch. 218, §§ 7, 8, 41 Stat. 733; Apr. 25, 1928, ch. 434, § 6, 45 Stat. 460; Apr. 26, 1928, ch. 438, § 6, 45 Stat. 464; Apr. 19, 1930, ch. 200, § 6, 4 Stat. 228; May 2, 1932, ch. 155, § 3, 47 Stat. 145; June 25, 1935, ch. 309, § 1, 49 Stat. 422; Aug. 19, 1937, ch. 703, §§ 5, 6, 50 Stat. 702; June 25, 1938, ch. 684, § 1, 52 Stat. 1164; June 28, 1938, ch. 778, § 1, 52 Stat. 1213; Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43; Mar. 6, 1942, ch. 150, § 5, 56 Stat. 134; Mar. 6, 1942, ch. 151, § 5, 56 Stat. 137; Apr. 29, 1942, ch. 264, § 5, 56 Stat. 260; June 5, 1942, ch. 341, § 5, 56 Stat. 318; Apr. 23, 1946, ch. 202, § 2, 60 Stat. 120; June 24, 1946, ch. 463, § 2, 60 Stat. 303).

Section consolidates provisions of sections 27, 66, 67, 68, 80f, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5, 404c–5 and 408m of title 16, U.S.C., 1940 ed., relating to jurisdiction and powers of park commissioners with necessary changes in arrangement and phraseology. For other provisions of such sections, see Distribution Table.

The provisions of sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5, 404c–5 and 408m of title 16, U.S.C., 1940 ed., relating to the powers of park commissioners respecting issuance of warrants of arrest and other process were omitted and are recommended for repeal as covered by sections 3041 and 3141 of revised title 18 (H.R. 1600, 80th Cong.), and Rules, 4, 5(c), and 9 of the new Federal Rules of Criminal Procedure.

Provisions in sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5, 404c–5 and 408m of title 16, U.S.C., 1940 ed., for arrest without warrant for violation of law or regulation within a national park were also omitted and are recommended for repeal as covered by section 3054 of revised title 18 (H.R. 2200, 79th Cong.), Rule 4 of the Federal Rules of Criminal Procedure and Rule 4 of the Federal Rules of Civil Procedure.

Senate Revision Amendment

As finally enacted, section 158b of Title 16, U.S.C., which was derived from act May 15, 1947, ch. 55, § 2, 61 Stat. 92, was an additional source of this section, and such act was accordingly included by Senate amendment in the schedule of repeals. No change in the text of the section was necessary as the result of inclusion of such section 158b. See 80th Congress Senate Report No. 1559.

As finally enacted, act May 15, 1947, ch. 57, 61 Stat. 92, which amended section 403c–5 of Title 16, U.S.C., was an additional source of this section, and such act was accordingly included by Senate amendment in the schedule of repeals. See 80th Congress Senate Report No. 1559.

Prior oaths, acknowledgments, affidavits, and depositions provisions in section 637.—Based on title 28, U.S.C., 1940 ed., §§ 525, 758 (R.S. § 945; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167).

This section consolidates part of section 525 with section 758 of title 28, U.S.C., 1940 ed. The provision of said section 525 empowering clerks and deputy clerks to administer oaths is incorporated in section 953 of this title. The provision of said section 758 that acknowledgments of bail and affidavits should have the same effect as if taken before judges was omitted as surplusage.

The exception as to Alaska, provided in section 591 of title 28, U.S.C., 1940 ed., and referred to in section 525 of title 28, U.S.C., 1940 ed., was omitted as unnecessary since section 108 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, and section 1119 of the Compiled Laws of Alaska, 1933, give commissioners all powers of notaries public. See also reviser’s notes to sections 631 and 633 of this title.

Word “acknowledgments” was inserted to make it clear that commissioners, like justices of the peace, can take acknowledgments as well as oaths, affidavits, etc.

The authority to take depositions was included to conform to Federal Rules of Civil Procedure, Rule 28.

Changes were made in phraseology.

Editorial Notes

References in Text

The Rules of Criminal Procedure for the United States District Courts, referred to in subsecs. (a)(1) and (e)(2)–(4), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.

The Federal Rules of Civil Procedure for the United States district courts, referred to in subsecs. (b)(2), (c)(3), and (e)(4), are set out in the Appendix to this title.

Amendments1968–2009 · 14 rounds

2009

Subsec. (b)(1). Pub. L. 111–16 substituted “fourteen days” for “ten days” in concluding provisions.

2005

Subsec. (a). Pub. L. 109–63 substituted “district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—” for “territorial jurisdiction prescribed by his appointment—” in introductory provisions.

2002

Subsec. (e)(2). Pub. L. 107–273, § 3002(b)(1), inserted “, or both,” after “fine or imprisonment”.

Subsec. (e)(3). Pub. L. 107–273, § 3002(b)(2), inserted “or both,” after “fine or imprisonment,”.

2000

Subsec. (a)(4), (5). Pub. L. 106–518, § 203(b), added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows:

“(4) the power to enter a sentence for a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction; and

“(5) the power to enter a sentence for a class A misdemeanor, or a class B or C misdemeanor not covered by paragraph (4), in a case in which the parties have consented.”

Subsec. (e). Pub. L. 106–518, § 202, amended subsec. (e) generally. Prior to amendment, subsec. (e) specified conduct before a magistrate judge which constituted contempt of court and prescribed procedure for adjudicating and punishing contempts.

1996

Subsec. (a)(3). Pub. L. 104–317, § 202(b)(1), substituted a semicolon for “, and” at end.

Subsec. (a)(4), (5). Pub. L. 104–317, § 202(b)(2), added pars. (4) and (5) and struck out former par. (4) which read as follows: “the power to enter a sentence for a misdemeanor or infraction with the consent of the parties.”

Subsec. (c)(3). Pub. L. 104–317, § 207(1)(A), substituted “The consent of the parties” for “In this circumstance, the consent of the parties”.

Subsec. (c)(4) to (7). Pub. L. 104–317, § 207(1)(B), (C), redesignated pars. (6) and (7) as (4) and (5) and struck out former pars. (4) and (5) which read as follows:

“(4) Notwithstanding the provisions of paragraph (3) of this subsection, at the time of reference to a magistrate, the parties may further consent to appeal on the record to a judge of the district court in the same manner as on an appeal from a judgment of the district court to a court of appeals. Wherever possible the local rules of the district court and the rules promulgated by the conference shall endeavor to make such appeal inexpensive. The district court may affirm, reverse, modify, or remand the magistrate’s judgment.

“(5) Cases in the district courts under paragraph (4) of this subsection may be reviewed by the appropriate United States court of appeals upon petition for leave to appeal by a party stating specific objections to the judgment. Nothing in this paragraph shall be construed to be a limitation on any party’s right to seek review by the Supreme Court of the United States.”

Subsec. (d). Pub. L. 104–317, § 207(2), struck out “, and for the taking and hearing of appeals to the district courts,” after “officers serving under this chapter”.

Subsec. (f). Pub. L. 104–317, § 201, substituted “subsection (a), (b), or (c)” for “subsection (a) or (b)” in first sentence.

1990

Subsec. (c)(2). Pub. L. 101–650 substituted “the availability of a magistrate to exercise” for “their right to consent to the exercise of” in first sentence and amended third sentence generally. Prior to amendment, third sentence read as follows: “Thereafter, neither the district judge nor the magistrate shall attempt to persuade or induce any party to consent to reference of any civil matter to a magistrate.”

1988

Subsec. (a)(4). Pub. L. 100–690 added par. (4).

Subsec. (c)(7). Pub. L. 100–702, § 1014, amended par. (7) generally. Prior to amendment, par. (7) read as follows: “The magistrate shall determine, taking into account the complexity of the particular matter referred to the magistrate, whether the record in the proceeding shall be taken, pursuant to section 753 of this title, by electronic sound recording means, by a court reporter appointed or employed by the court to take a verbatim record by shorthand or by mechanical means, or by an employee of the court designated by the court to take such a verbatim record. Notwithstanding the magistrate’s determination, (A) the proceeding shall be taken down by a court reporter if any party so requests, (B) the proceeding shall be recorded by a means other than a court reporter if all parties so agree, and (C) no record of the proceeding shall be made if all parties so agree. Reporters referred to in this paragraph may be transferred for temporary service in any district court of the judicial circuit for reporting proceedings under this subsection, or for other reporting duties in such court.”

Subsec. (d). Pub. L. 100–702, § 404(b)(1), substituted “section 2072 of this title” for “section 3402 of title 18, United States Code”.

Subsec. (h). Pub. L. 100–659 inserted “section 377 of this title or in” after “annuity set forth in” and “which are applicable to such magistrate” after “title 5” in second sentence.

1986

Subsec. (h). Pub. L. 99–651 added subsec. (h).

1984

Subsec. (a)(2). Pub. L. 98–473 substituted “issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial” for “impose conditions of release under section 3146 of title 18”.

Subsec. (c)(4). Pub. L. 98–620 struck out “expeditious and” before “inexpensive”.

1979

Subsec. (c). Pub. L. 96–82, § 2(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsecs. (d) to (g). Pub. L. 96–82, § 2(1), redesignated former subsecs. (c) to (f) as (d) to (g), respectively.

1977

Subsec. (f). Pub. L. 95–144 added subsec. (f).

1976

Subsec. (b). Pub. L. 94–577 completely revised provisions under which additional duties may be assigned to a United States Magistrate by allowing, among other additional duties, the assignment of pretrial matters, dispositive motions, and service as a special master.

1972

Pub. L. 92–239, § 2, substituted “Jurisdiction, powers, and temporary assignment” for “Jurisdiction and powers” in section catchline.

Subsec. (e). Pub. L. 92–239, § 1, added subsec. (e).

1968

Pub. L. 90–578 substituted provisions declaratory of jurisdiction and powers of United States magistrates for prior provisions respecting rendition of accounts by United States commissioners.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judge”, “magistrate judge’s”, and “magistrate judges” substituted for “magistrate”, “magistrate’s”, and “magistrates”, respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.

Effective Date of 1988 Amendments

Amendment by section 404(b)(1) of Pub. L. 100–702 effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as a note under section 2071 of this title.

Amendment by Pub. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with exception for bankruptcy judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as an Effective Date note under section 377 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–651 effective Jan. 1, 1987, see section 203 of Pub. L. 99–651, set out as a note under section 155 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of this title.

Credits

1948–2009 · 18 acts

1948June 25, 1948, ch. 646, 62 Stat. 917
1968Pub. L. 90–578, title I, § 101, Oct. 17, 1968, 82 Stat. 1113
1972Pub. L. 92–239, §§ 1, 2, Mar. 1, 1972, 86 Stat. 47
1976Pub. L. 94–577, § 1, Oct. 21, 1976, 90 Stat. 2729
1977Pub. L. 95–144, § 2, Oct. 28, 1977, 91 Stat. 1220
1979Pub. L. 96–82, § 2, Oct. 10, 1979, 93 Stat. 643
1984Pub. L. 98–473, title II, § 208, Oct. 12, 1984, 98 Stat. 1986
1984Pub. L. 98–620, title IV, § 402(29)(B), Nov. 8, 1984, 98 Stat. 3359
1986Pub. L. 99–651, title II, § 201(a)(2), Nov. 14, 1986, 100 Stat. 3647
1988Pub. L. 100–659, § 4(c), Nov. 15, 1988, 102 Stat. 3918
1988Pub. L. 100–690, title VII, § 7322, Nov. 18, 1988, 102 Stat. 4467
1988Pub. L. 100–702, title IV, § 404(b)(1), title X, § 1014, Nov. 19, 1988, 102 Stat. 4651, 4669
1990Pub. L. 101–650, title III, §§ 308(a), 321, Dec. 1, 1990, 104 Stat. 5112, 5117
1996Pub. L. 104–317, title II, §§ 201, 202(b), 207, Oct. 19, 1996, 110 Stat. 3848–3850
2000Pub. L. 106–518, title II, §§ 202, 203(b), Nov. 13, 2000, 114 Stat. 2412, 2414
2002Pub. L. 107–273, div. B, title III, § 3002(b), Nov. 2, 2002, 116 Stat. 1805
2005Pub. L. 109–63, § 2(d), Sept. 9, 2005, 119 Stat. 1995
2009Pub. L. 111–16, § 6(1), May 7, 2009, 123 Stat. 1608.

Show as published

(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90–578, title I, § 101, Oct. 17, 1968, 82 Stat. 1113; Pub. L. 92–239, §§ 1, 2, Mar. 1, 1972, 86 Stat. 47; Pub. L. 94–577, § 1, Oct. 21, 1976, 90 Stat. 2729; Pub. L. 95–144, § 2, Oct. 28, 1977, 91 Stat. 1220; Pub. L. 96–82, § 2, Oct. 10, 1979, 93 Stat. 643; Pub. L. 98–473, title II, § 208, Oct. 12, 1984, 98 Stat. 1986; Pub. L. 98–620, title IV, § 402(29)(B), Nov. 8, 1984, 98 Stat. 3359; Pub. L. 99–651, title II, § 201(a)(2), Nov. 14, 1986, 100 Stat. 3647; Pub. L. 100–659, § 4(c), Nov. 15, 1988, 102 Stat. 3918; Pub. L. 100–690, title VII, § 7322, Nov. 18, 1988, 102 Stat. 4467; Pub. L. 100–702, title IV, § 404(b)(1), title X, § 1014, Nov. 19, 1988, 102 Stat. 4651, 4669; Pub. L. 101–650, title III, §§ 308(a), 321, Dec. 1, 1990, 104 Stat. 5112, 5117; Pub. L. 104–317, title II, §§ 201, 202(b), 207, Oct. 19, 1996, 110 Stat. 3848–3850; Pub. L. 106–518, title II, §§ 202, 203(b), Nov. 13, 2000, 114 Stat. 2412, 2414; Pub. L. 107–273, div. B, title III, § 3002(b), Nov. 2, 2002, 116 Stat. 1805; Pub. L. 109–63, § 2(d), Sept. 9, 2005, 119 Stat. 1995; Pub. L. 111–16, § 6(1), May 7, 2009, 123 Stat. 1608.)