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HOUSE REPORTS: No. 1350 (Comm. on Post Office & Civil Service) and
SENATE REPORT No. 1455 (Comm. on Post Office & Civil Service).
May 20: Considered and passed House.
July 26: Considered and passed Senate, amended.
July 29: Considered in House.
July 30: Senate agreed to conference report.
Aug. 1: House agreed to conference report.
90th Congress, S. 3679
To amend the Act of June 19, 1968 (Public Law 351, Ninetieth Congress).
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clauses (1), (2), and (3) of section 520 (b) of the Act of June 19, 1968 (Public Law 351, Ninetieth Congress), are amended by striking out "302” each time it appears and inserting in lieu thereof "301".
82 STAT. 638
SEC. 2. The caption of title II of the Act of June 19, 1968 (Public Ante, p. 208. Law 351, Ninetieth Congress), immediately preceding section 701 thereof is amended to read as follows:
II-ADMISSIBILITY OF CONFESSIONS AND ADMISSIBILITY OF EYEWITNESS TESTIMONY”.
SEC. 3. Section 1401 (a) of the Act of June 19, 1968 (Public Law 351, Ninetieth Congress), is amended by striking out "Chapter 204" and inserting in lieu thereof "Chapter 205". Approved August 8, 1968.
CONGRESSIONAL RECORD, Vol. 114 (1968):
90th Congress, S. 1440
To include in the prohibitions contained in section 2314 of title 18, United States Code, the transportation with unlawful intent in interstate or foreign commerce of traveler's checks bearing forged countersignatures.
82 STAT. 885
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2314 of Crimes. title 18, United States Code, is amended by inserting after the third Forged travparagraph thereof a new paragraph as follows:
62 Stat. 806.
"Whoever, with unlawful or fraudulent intent, transports in inter- transportation. state or foreign commerce any traveler's check bearing a forged countersignature; or".
Approved September 28, 1968.
HOUSE REPORT No. 1728 (Comm. on the Judiciary).
Vol. 113 (1967): Oct. 12, considered and passed Senate.
90th Congress, S. 945
To abolish the office of United States commissioner, to establish in place thereof within the judicial branch of the Government the office of United States magistrate, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Federal Magisbe cited as the "Federal Magistrates Act".
TITLE I-UNITED STATES MAGISTRATES
82 Stat. 1107 82 Stat. 1108
SEC. 101. Chapter 43, title 28, United States Code, relating to United 62 Stat. 915. States commissioners, is amended to read as follows:
"Chapter 43.-UNITED STATES MAGISTRATES
"631. Appointment and tenure.
"632. Character of service.
"633. Determination of number, locations, and salaries of magistrates.
"636. Jurisdiction and powers.
"638. Dockets and forms; United States Code; seals. "639. Definitions.
❝g 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 magistrate's 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 Qualifications. 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
82 STAT. 1109
62 Stat. 907. 28 USC 453.
record and notice.
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 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 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 shall take the oath or affirmation prescribed by section 453 of this title before performing the duties of his office.
"(g) Each appointment made by a judge or judges of a district 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 appointed shall be only for incompetency, misconduct, neglect of duty, or physical or mental disability, but a magistrate's office shall be termi