Calendar No. 547

104TH CONGRESS

2D SESSION S. 1887

A BILL

To make improvements in the operation and adminpurposes. istration of the Federal courts, and for other

JULY 30, 1996

Reported with amendments
II

Calendar No. 547

104TH CONGRESS

2D SESSION S. 1887

To make improvements in the operation and administration of the Federal

courts, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 19, 1996

Mr. GRASSLEY (for himself, Mr. HATCH, and Mr. HEFLIN) introduced the following bill; which was read twice and referred to the Committee on the

Judiciary

JULY 30, 1996

Reported by Mr. HATCH, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To make improvements in the operation and administration

of the Federal courts, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Federal Courts Improvement Act of 1996’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—CRIMINAL LAW AND CRIMINAL JUSTICE AMENDMENTS

Sec. 101. New authority for probation and pretrial services officers.

Sec. 102. Tort Claims Act amendments relating to liability of Federal public

defenders.

TITLE II—JUDICIAL PROCESS IMPROVEMENTS

Sec. 201. Duties of magistrate judge on emergency assignment.

Sec. 202. Consent to trial in certain criminal actions.

Sec. 203. Venue in civil actions.

Sec. 204. Registration of judgments for enforcement in other districts.

Sec. 205. Vacancy in clerk position; absence of clerk.

Sec. 206. Diversity jurisdiction.

Sec. 207. Bankruptcy Administrator Program.

Sec. 208. Removal of cases against the United States and Federal officers or

agencies.

Sec. 209. Appeal route in civil cases decided by magistrate judges with consent.

Sec. 210. Reports by judicial councils relating to misconduct and disability

orders.

Sec. 211. Protective orders; sealing of cases; disclosure of information.

TITLE III—JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS,

AND PROTECTIONS

Sec. 301. Senior judge certification.

Sec. 302. Refund of contribution for deceased deferred annuitant under the Judicial Survivors’ Annuities System.

Sec. 303. Judicial administrative officials retirement matters.

Sec. 304. Bankruptcy judges reappointment procedure.

Sec. 305. Carrying of firearms.

Sec. 306. Technical correction related to commencement date of temporary

judgeships.

Sec. 307. Full-time status of court reporters.

Sec. 308. Court interpreters.

Sec. 309. Technical amendment related to commencement date of temporary

bankruptcy judgeships.

Sec. 310. Contribution rate for senior judges under the judicial survivors’ annuities system.

Sec. 311. Prohibition against awards of costs, including attorneys fees, and injunctive relief against a judicial officer.

TITLE IV—JUDICIAL FINANCIAL ADMINISTRATION

Sec. 401. Increase in civil action filing fee.

Sec. 402. Interpreter performance examination fees.

Sec. 403. Judicial panel on multidistrict litigation.

Sec. 404. Disposition of fees.
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TITLE V—FEDERAL COURTS STUDY COMMITTEE

RECOMMENDATIONS

Sec. 501. Parties’ consent to bankruptcy judge’s findings and conclusions of

law.

Sec. 502. Qualification of Chief Judge of Court of International Trade.

Sec. 503. Judicial cost-of-living adjustments.

TITLE VI—MISCELLANEOUS

Sec. 601. Participation in judicial governance activities by district, senior, and

magistrate judges.

Sec. 602. The Director and Deputy Director of the administrative office as officers of the United States.

Sec. 603. Removal of action from State court.

Sec. 604. Federal judicial center employee retirement provisions.

Sec. 605. Abolition of the special court, Regional Rail Reorganization Act of

1973.

Sec. 606. Place of holding court in the District Court of Utah.

Sec. 607. Exception of residency requirement for district judges appointed to

the Southern District and Eastern District of New York.

Sec. 608. Extension of civil justice expense and delay reduction reports on pilot

and demonstration programs.

Sec. 609. Extension of arbitration.

Sec. 610. State Justice Institute.

1 TITLE I—CRIMINAL LAW AND

2 CRIMINAL JUSTICE AMEND3 MENTS

4 SEC. 101. NEW AUTHORITY FOR PROBATION AND PRETRIAL

5 SERVICES OFFICERS.

6 (a) PROBATION OFFICERS.—Section 3603 of title 18,

7 United States Code, is amended—

8 (1) by striking out ‘‘and’’ at the end of para9 graph (8)(B);

10 (2) by redesignating paragraph (9) as para11 graph (10); and

12 (3) by inserting after paragraph (8) the follow13 ing new paragraph:
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1 ‘‘(9) if approved by the district court, be au2 thorized to carry firearms under such rules and reg3 ulations as the Director of the Administrative Office

4 of the United States Courts may prescribe; and’’.

5 (b) PRETRIAL SERVICES OFFICERS.—Section 3154

6 of title 18, United States Code, is amended—

7 (1) by redesignating paragraph (13) as para8 graph (14); and

9 (2) by inserting after paragraph (12) the fol10 lowing new paragraph:

11 ‘‘(13) If approved by the district court, be au12 thorized to carry firearms under such rules and reg13 ulations as the Director of the Administrative Office

14 of the United States Courts may prescribe.’’.

15 SEC. 102. TORT CLAIMS ACT AMENDMENTS RELATING TO

16 LIABILITY OF FEDERAL PUBLIC DEFENDERS.

17 Section 2680 of title 28, United States Code, is

18 amended by adding at the end thereof the following new

19 subsection:

20 ‘‘(o) Any claim for money damages for injury, loss

21 of liberty, loss of property, or personal injury or death

22 arising from malpractice or negligence of an officer or em23 ployee of a Federal Public Defender Organization in fur24 nishing representational services under section 3006A of

25 title 18.’’.
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1 TITLE II—JUDICIAL PROCESS

2 IMPROVEMENTS

3 SEC. 201. DUTIES OF MAGISTRATE JUDGE ON EMERGENCY

4 ASSIGNMENT.

5 The first sentence of section 636(f) of title 28, United

6 States Code, is amended by striking out ‘‘(a) or (b)’’ and

7 inserting in lieu thereof ‘‘(a), (b), or (c)’’.

8 SEC. 202. CONSENT TO TRIAL IN CERTAIN CRIMINAL

9 ACTIONS.

10 (a) AMENDMENTS TO TITLE 18.—(1) Section

11 3401(b) of title 18, United States Code, is amended—

12 (A) by inserting ‘‘, other than a petty offense,’’

13 in the first sentence after ‘‘misdemeanor’’; and

14 (B) by striking out the third sentence and in15 serting in lieu thereof the following: ‘‘The magistrate

16 judge may not proceed to try the case unless the de17 fendant, after such explanation, expressly consents

18 to be tried before the magistrate judge and expressly

19 and specifically waives trial, judgment, and sentenc20 ing by a district judge. Any such consent and waiver

21 shall be made in writing or orally on the record.’’.

22 (2) Section 3401(g) of title 18, United States Code,

23 is amended by striking out the first sentence and inserting

24 in lieu thereof the following: ‘‘The magistrate judge may,

25 in a petty offense case involving a juvenile, exercise all
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1 powers granted to the district court under chapter 403

2 of this title.’’.

3 (b) AMENDMENTS TO TITLE 28.—Section 636(a) of

4 title 28, United States Code, is amended—

5 (1) by striking out ‘‘, and’’ at the end of para6 graph (3) and inserting in lieu thereof a semicolon;

7 (2) by redesignating paragraph (4) as para8 graph (5) and by striking out ‘‘or infraction’’ in

9 such paragraph and inserting in lieu thereof ‘‘, other

10 than a petty offense,’’; and

11 (3) by inserting after paragraph (3) the follow12 ing new paragraph:

13 ‘‘(4) the power to enter a sentence for a petty

14 offense; and’’.

15 SEC. 203. VENUE IN CIVIL ACTIONS.

16 (a) IN GENERAL.—Section 1392 of title 28, United

17 States Code, is amended—

18 (1) by amending the section heading to read as

19 follows:

20 ‘‘§ 1392. Property in different districts in same State’’;

21 (2) by striking out subsection (a); and

22 (3) in subsection (b) by striking out ‘‘(b)’’.

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—

24 The table of sections for chapter 87 of title 28, United
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1 States Code, is amended by amending the item relating

2 to section 1392 to read as follows:

‘‘1392. Property in different districts in same State.’’.

3 SEC. 204. REGISTRATION OF JUDGMENTS FOR ENFORCE4 MENT IN OTHER DISTRICTS.

5 (a) IN GENERAL.—Section 1963 of title 28, United

6 States Code, is amended—

7 (1) by amending the section heading to read as

8 follows:

9 ‘‘§ 1963. Registration of judgments for enforcement in

10 other districts’’;

11 (2) in the first sentence—

12 (A) by striking out ‘‘district court’’ and in13 serting in lieu thereof ‘‘court of appeals, district

14 court, bankruptcy court,’’; and

15 (B) by striking out ‘‘such judgment’’ and

16 inserting in lieu thereof ‘‘the judgment’’; and

17 (3) by adding at the end thereof the following

18 new undesignated paragraph:

19 ‘‘The procedure prescribed under this section is in ad20 dition to other procedures provided by law for the enforce21 ment of judgments.’’.

22 (b) TECHNICAL AND CONFORMING AMENDMENT.—

23 The table of sections for chapter 125 of title 28, United
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1 States Code, relating to section 1963 is amended to read

2 as follows:

‘‘1963. Registration of judgments for enforcement in other districts.’’.

3 SEC. 205. VACANCY IN CLERK POSITION; ABSENCE OF

4 CLERK.

5 (a) IN GENERAL.—Section 954 of title 28, United

6 States Code, is amended to read as follows:

7 ‘‘§ 954. Vacancy in clerk position; absence of clerk

8 ‘‘When the office of clerk is vacant, the deputy clerks

9 shall perform the duties of the clerk in the name of the

10 last person who held that office. When the clerk is inca11 pacitated, absent, or otherwise unavailable to perform offi12 cial duties, the deputy clerks shall perform the duties of

13 the clerk in the name of the clerk. The court may des14 ignate a deputy clerk to act temporarily as clerk of the

15 court in his or her own name.’’.

16 (b) TECHNICAL AND CONFORMING AMENDMENT.—

17 The table of sections for chapter 57 of title 28, United

18 States Code, relating to section 954 is amended to read

19 as follows:

‘‘954. Vacancy in clerk position; absence of clerk.’’.

20 SEC. 206. DIVERSITY JURISDICTION.

21 (a) IN GENERAL.—Section 1332 of title 28, United

22 States Code, is amended—

23 (1) in subsection (a) by striking out ‘‘$50,000’’

24 and inserting in lieu thereof ‘‘$75,000’’; and
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1 (2) in subsection (b) by striking out ‘‘$50,000’’

2 and inserting in lieu thereof ‘‘$75,000’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 this section shall take effect 90 days after the date of en5 actment of this Act.

6 SEC. 207. BANKRUPTCY ADMINISTRATOR PROGRAM.

7 (a) APPOINTMENT OF TRUSTEES.—Until the amend8 ments made by subtitle A of title II of the Bankruptcy

9 Judges, United States Trustees, and Family Farmer

10 Bankruptcy Act of 1986 (28 U.S.C. 581 note; Public Law

11 99–554; 100 Stat. 3097) become effective in a judicial dis12 trict and apply to a case, a bankruptcy administrator ap13 pointed to serve in the district pursuant to section

14 302(d)(3)(I) of such Act, as amended by section 317(a)

15 of the Federal Courts Study Committee Implementation

16 Act of 1990 (Public Law 101–650; 104 Stat. 5115), shall

17 appoint the trustees, examiners, and standing trustees

18 notwithstanding the references in those sections of title

19 11, United States Code, to appointments by the court.

20 (b) STANDING TRUSTEES.—A bankruptcy adminis21 trator who has appointed a standing trustee pursuant to

22 subsection (a) of this section shall fix the standing trust23 ee’s maximum annual compensation and percentage fee,

24 subject to the limitations set out in sections 1202 and

25 1302 of title 11, United States Code, as amended by sec-
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1 tion 110 of the Federal Employee Pay Comparability Act

2 of 1990 (Public Law 101–509; 104 Stat. 1427, 1452).

3 The bankruptcy administrator shall fix the maximum an4 nual compensation and percentage fee notwithstanding the

5 references in those sections of title 11, United States

6 Code, to the court’s fixing them.

7 (c) SERVICE AS TRUSTEE.—A bankruptcy adminis8 trator may serve as and perform the duties of a trustee

9 in a case under chapter 7 of title 11, United States Code,

10 if none of the members of the panel of private trustees

11 is disinterested and willing to serve as trustee in the case.

12 A bankruptcy administrator may serve as and perform the

13 duties of a trustee or standing trustee in cases under

14 chapter 12 or chapter 13 of title 11, United States Code,

15 if necessary.

16 (d) APPOINTMENT OF COMMITTEES.—Until the

17 amendments made by subtitle A of title II of the Bank18 ruptcy Judges, United States Trustees, and Family Farm19 er Bankruptcy Act of 1986 become effective in a judicial

20 district and apply to a case, the bankruptcy administrator

21 appointed to serve in the district shall appoint the commit22 tees of creditors and equity security holders provided in

23 section 1102 of title 11, United States Code. The bank24 ruptcy administrator shall appoint the committees not-
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1 withstanding the references in those sections of title 11,

2 United States Code, to appointments by the court.

3 SEC. 208. REMOVAL OF CASES AGAINST THE UNITED

4 STATES AND FEDERAL OFFICERS OR AGEN5 CIES.

6 (a) IN GENERAL.—Section 1442 of title 28, United

7 States Code, is amended—

8 (1) in the section heading by inserting ‘‘or

9 agencies’’ after ‘‘officers’’; and

10 (2) in subsection (a)—

11 (A) in the matter preceding paragraph (1)

12 by striking out ‘‘persons’’; and

13 (B) in paragraph (1) by striking out ‘‘Any

14 officer of the United States or any agency

15 thereof, or person acting under him, for any act

16 under color of such office’’ and inserting in lieu

17 thereof ‘‘The United States or any agency

18 thereof or any officer (or any person acting

19 under that officer) of the United States or of

20 any agency thereof, sued in an official or indi21 vidual capacity for any act under color of such

22 office’’.

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—

24 The table of sections for chapter 89 of title 28, United
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1 States Code, is amended by amending the item relating

2 to section 1442 to read as follows:

‘‘1442. Federal officers and agencies sued or prosecuted.’’.

3 SEC. 209. APPEAL ROUTE IN CIVIL CASES DECIDED BY

4 MAGISTRATE JUDGES WITH CONSENT.

5 Section 636 of title 28, United States Code, is

6 amended—

7 (1) in subsection (c)—

8 (A) in paragraph (3) by striking out ‘‘In

9 this circumstance, the’’ and inserting in lieu

10 thereof ‘‘The’’;

11 (B) by striking out paragraphs (4) and

12 (5); and

13 (C) by redesignating paragraphs (6) and

14 (7) as paragraphs (4) and (5); and

15 (2) in subsection (d) by striking out ‘‘, and for

16 the taking and hearing of appeals to the district

17 courts,’’.

18 SEC. 210. REPORTS BY JUDICIAL COUNCILS RELATING TO

19 MISCONDUCT AND DISABILITY ORDERS.

20 Section 332 of title 28, United States Code, is

21 amended by adding at the end thereof the following new

22 subsection:

23 ‘‘(g) No later than January 31 of each year, each

24 judicial council shall submit a report to the Administrative

25 Office of the United States Courts on the number and na-
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1 ture of orders entered under this section during the pre2 ceding calendar year that relate to judicial misconduct or

3 disability.’’.

4 SEC. 211. PROTECTIVE ORDERS; SEALING OF CASES; DIS5 CLOSURE OF INFORMATION.

6 (a) SHORT TITLE.—This section may be cited as the

7 ‘‘Sunshine in Litigation Act of 1996’’.

8 (b) PROTECTIVE ORDERS AND SEALING OF CASES AND

9 SETTLEMENTS RELATING TO PUBLIC HEALTH OR SAFE10 TY.—Chapter 111 of title 28, United States Code, is amend11 ed by adding at the end thereof the following new section:

12 ‘‘§ 1659. Protective orders and sealing of cases and

13 settlements relating to public health or

14 safety

15 ‘‘(a)(1) A court shall enter an order under rule 26(c)

16 of the Federal Rules of Civil Procedure restricting the dis17 closure of information obtained through discovery or an

18 order restricting access to court records in a civil case only

19 after making particularized findings of fact that—

20 ‘‘(A) such order would not restrict the disclosure

21 of information which is relevant to the protection of

22 public health or safety; or

23 ‘‘(B)(i) the public interest in disclosure of poten24 tial health or safety hazards is clearly outweighed by

25 a specific and substantial interest in maintaining the
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1 confidentiality of the information or records in ques2 tion; and

3 ‘‘(ii) the requested protective order is no broader

4 than necessary to protect the privacy interest asserted.

5 ‘‘(2) No order entered in accordance with the provi6 sions of paragraph (1) shall continue in effect after the

7 entry of final judgment, unless at or after such entry the

8 court makes a separate particularized finding of fact that

9 the requirements of paragraph (1) (A) or (B) have been met.

10 ‘‘(b) The party who is the proponent for the entry of

11 an order, as provided under this section, shall have the bur12 den of proof in obtaining such an order.

13 ‘‘(c)(1) No agreement between or among parties in a

14 civil action filed in a court of the United States may con15 tain a provision that prohibits or otherwise restricts a

16 party from disclosing any information relevant to such civil

17 action to any Federal or State agency with authority to

18 enforce laws regulating an activity relating to such infor19 mation.

20 ‘‘(2) Any disclosure of information to a Federal or

21 State agency as described under paragraph (1) shall be con22 fidential to the extent provided by law.’’.

23 (c) TECHNICAL AND CONFORMING AMENDMENT.—The

24 table of sections for chapter 111 of title 28, United States
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1 Code, is amended by adding after the item relating to sec2 tion 1658 the following:

‘‘1659. Protective orders and sealing of cases and settlements relating to public

health or safety.’’.

3 (d) EFFECTIVE DATE.—The amendments made by this

4 section shall take effect 30 days after the date of the enact5 ment of this Act and shall apply only to orders entered in

6 civil actions or agreements entered into on or after such

7 date.

8 TITLE III—JUDICIARY PERSON9 NEL ADMINISTRATION, BENE10 FITS, AND PROTECTIONS

11 SEC. 301. SENIOR JUDGE CERTIFICATION.

12 (a) RETROACTIVE CREDIT FOR RESUMPTION OF SIG13 NIFICANT WORKLOAD.—Section 371(f)(3) of title 28,

14 United States Code, is amended by striking out ‘‘is there15 after ineligible to receive such a certification.’’ and insert16 ing in lieu thereof ‘‘may thereafter receive a certification

17 for that year by satisfying the requirements of subpara18 graph (A), (B), (C), or (D) of paragraph (1) of this sub19 section in a subsequent year and attributing a sufficient

20 part of the work performed in such subsequent year to

21 the earlier year so that the work so attributed, when added

22 to the work performed during such earlier year, satisfies

23 the requirements for certification for that year. However,
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1 a justice or judge may not receive credit for the same work

2 for purposes of certification for more than 1 year.’’.

3 (b) AGGREGATION OF CERTAIN WORK FOR PARTIAL

4 YEARS.—Section 371(f)(1) of title 28, United States

5 Code, is amended by adding at the end of subparagraph

6 (D) the following: ‘‘In any year in which a justice or judge

7 performs work described under this subparagraph for less

8 than the full year, one-half of such work may be aggre9 gated with work described under subparagraph (A), (B),

10 or (C) of this paragraph for the purpose of the justice

11 or judge satisfying the requirements of such subpara12 graph.’’.

13 SEC. 302. REFUND OF CONTRIBUTION FOR DECEASED DE14 FERRED ANNUITANT UNDER THE JUDICIAL

15 SURVIVORS’ ANNUITIES SYSTEM.

16 Section 376(o)(1) of title 28, United States Code, is

17 amended by striking out ‘‘or while receiving ‘retirement

18 salary’,’’ and inserting in lieu thereof ‘‘while receiving re19 tirement salary, or after filing an election and otherwise

20 complying with the conditions under subsection (b)(2) of

21 this section,’’.
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1 SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIRE2 MENT MATTERS.

3 (a) DIRECTOR OF THE ADMINISTRATIVE OFFICE OF

4 THE UNITED STATES COURTS.—(1) Section 611(b) of

5 title 28, United States Code, is amended—

6 (A) in the first undesignated paragraph by

7 striking out ‘‘who has served at least fifteen years

8 and’’ and inserting in lieu thereof ‘‘who has at least

9 15 years of service and has’’; and

10 (B) in the second undesignated paragraph by

11 striking out ‘‘who has served at least ten years,’’

12 and inserting in lieu thereof ‘‘who has at least 10

13 years of service,’’.

14 (2) Section 611(c) of title 28, United States Code,

15 is amended—

16 (A) by striking out ‘‘served at least fifteen

17 years,’’ and inserting in lieu thereof ‘‘at least 15

18 years of service,’’; and

19 (B) by striking out ‘‘served less than fifteen

20 years,’’ and inserting in lieu thereof ‘‘less than 15

21 years of service,’’.

22 (3) Section 611(d) of title 28, United States Code,

23 is amended by inserting ‘‘a congressional employee in the

24 capacity of primary administrative assistant to a Member

25 of Congress or in the capacity of staff director or chief

26 counsel for the majority or the minority of a committee
18

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1 or subcommittee of the Senate or House of Representa2 tives,’’ after ‘‘Congress,’’.

3 (b) EMPLOYEES OF THE ADMINISTRATIVE OFFICE

4 OF THE UNITED STATES COURTS.—(1) Section 627(c) of

5 title 28, United States Code, is amended—

6 (A) in the first undesignated paragraph by

7 striking out ‘‘who has served at least fifteen years

8 and’’ and inserting in lieu thereof ‘‘who has at least

9 15 years of service and has’’; and

10 (B) in the second undesignated paragraph by

11 striking out ‘‘who has served at least ten years,’’

12 and inserting in lieu thereof ‘‘who has at least 10

13 years of service,’’.

14 (2) Section 627(d) of title 28, United States Code,

15 is amended—

16 (A) by striking out ‘‘served at least fifteen

17 years,’’ and inserting in lieu thereof ‘‘at least 15

18 years of service,’’; and

19 (B) by striking out ‘‘served less than fifteen

20 years,’’ and inserting in lieu thereof ‘‘less than 15

21 years of service,’’.

22 (3) Section 627(e) of title 28, United States Code,

23 is amended by inserting ‘‘a congressional employee in the

24 capacity of primary administrative assistant to a Member

25 of Congress or in the capacity of staff director or chief
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1 counsel for the majority or the minority of a committee

2 or subcommittee of the Senate or House of Representa3 tives,’’ after ‘‘Congress,’’.

4 SEC. 304. BANKRUPTCY JUDGES REAPPOINTMENT PROCE5 DURE.

6 Section 120 of the Bankruptcy Amendments and

7 Federal Judgeship Act of 1984 (Public Law 98–353; 98

8 Stat. 344), is amended—

9 (1) in subsection (a) by adding at the end

10 thereof the following new paragraph:

11 ‘‘(3) When filling vacancies, the court of appeals may

12 consider reappointing incumbent bankruptcy judges under

13 procedures prescribed by regulations issued by the Judi14 cial Conference of the United States.’’; and

15 (2) in subsection (b) by adding at the end

16 thereof the following: ‘‘All incumbent nominees seek17 ing reappointment thereafter may be considered for

18 such a reappointment, pursuant to a majority vote

19 of the judges of the appointing court of appeals,

20 under procedures authorized under subsection

21 (a)(3).’’.

22 SEC. 305. CARRYING OF FIREARMS.

23 (a) IN GENERAL.—Chapter 21 of title 28, United

24 States Code, is amended by adding at the end thereof the

25 following new section:
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1 ‘‘§ 464. Carrying of firearms by judicial officers

2 ‘‘(a) A judicial officer of the United States is author3 ized to carry firearms, whether concealed or not, under

4 regulations promulgated by the Judicial Conference of the

5 United States.

6 ‘‘(b) A judicial officer of the United States is immune

7 from civil liability when possessing or using a firearm, for

8 the purpose of self defense, under the authority of this

9 section and in accordance with Judicial Conference regula10 tion.

11 ‘‘(c) For purposes of this section, the term ‘judicial

12 officer of the United States’ means—

13 ‘‘(1) a justice or judge of the United States as

14 defined in section 451 of this title;

15 ‘‘(2) a United States bankruptcy judge;

16 ‘‘(3) a full-time or part-time United States

17 magistrate judge;

18 ‘‘(4) a judge of the United States Court of Fed19 eral Claims;

20 ‘‘(5) a judge of the United States District

21 Court of Guam;

22 ‘‘(6) a judge of the United States District

23 Court for the Northern Mariana Islands;

24 ‘‘(7) a judge of the United States District

25 Court of the Virgin Islands; or
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1 ‘‘(8) an individual who is receiving a retirement

2 annuity based on service in any of the judicial posi3 tions described under paragraphs (1) through (7).’’.

4 ‘‘(b)(1) The regulations promulgated by the Judicial

5 Conference under subsection (a) shall—

6 ‘‘(A) require a demonstration of a judicial offi7 cer’s proficiency in the use and safety of firearms as

8 a prerequisite to the carrying of firearms under the

9 authority of this section; and

10 ‘‘(B) make appropriate provisions for the carry11 ing of firearms by judicial officers who are under the

12 protection of United States Marshals while away from

13 United States courthouses.

14 ‘‘(2) On the request of the Judicial Conference, the De15 partment of Justice (including each agency of the Depart16 ment) shall cooperate with the Judicial Conference in pro17 viding firearms training and other services to assist judi18 cial officers in securing such proficiency.

19 ‘‘(c) For purposes of this section, the term ‘judicial offi20 cer of the United States’ means—

21 ‘‘(1) a justice or judge of the United States as de22 fined in section 451 of this title in regular active or

23 retired from regular active service;
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1 ‘‘(2) a justice or judge of the United States who

2 has retired from the judicial office under section

3 371(a) of this title for—

4 ‘‘(A) a 1-year period following such justice’s

5 or judge’s retirement; or

6 ‘‘(B) a longer period of time if approved by

7 the Judicial Conference of the United States

8 when exceptional circumstances warrant;

9 ‘‘(3) a United States bankruptcy judge;

10 ‘‘(4) a full-time or part-time United States mag11 istrate judge;

12 ‘‘(5) a judge of the United States Court of Fed13 eral Claims;

14 ‘‘(6) a judge of the United States District Court

15 of Guam;

16 ‘‘(7) a judge of the United States District Court

17 for the Northern Mariana Islands;

18 ‘‘(8) a judge of the United States District Court

19 of the Virgin Islands; or

20 ‘‘(9) an individual who is retired from one of the

21 judicial positions described under paragraphs (3)

22 through (8) to the extent provided for in regulations

23 of the Judicial Conference of the United States.

24 ‘‘(d) Notwithstanding section 46303(c)(1) of title 49,

25 nothing in this section authorizes a judicial officer of the
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1 United States to carry a dangerous weapon on an aircraft

2 or other common carrier.’’

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—

4 The table of sections for chapter 21 of title 28, United

5 States Code, is amended by adding at the end thereof the

6 following:

‘‘464. Carrying of firearms by judicial officers.’’.

7 (c) EFFECTIVE DATE.—The amendments made by

8 this section shall take effect 1 year after the date of the

9 enactment of this Act.

10 SEC. 306. TECHNICAL CORRECTION RELATED TO COM11 MENCEMENT DATE OF TEMPORARY JUDGE12 SHIPS.

13 Section 203(c) of the Judicial Improvements Act of

14 1990 (Public Law 101–650; 104 Stat. 5101; 28 U.S.C.

15 133 note) is amended by adding at the end thereof the

16 following: ‘‘For districts named in this subsection for

17 which multiple judgeships are created by this Act, the last

18 of those judgeships filled shall be the judgeship created

19 under this subsection.’’.

20 SEC. 307. FULL-TIME STATUS OF COURT REPORTERS.

21 Section 753(e) of title 28, United States Code, is

22 amended by inserting after the first sentence the follow23 ing: ‘‘For the purposes of subchapter III of chapter 83

24 of title 5 and chapter 84 of such title, a reporter shall

25 be considered a full-time employee during any pay period
24

•S 1887 RS

1 for which a reporter receives a salary at the annual salary

2 rate fixed for a full-time reporter under the preceding sen3 tence.’’.

4 SEC. 308. COURT INTERPRETERS.

5 Section 1827 of title 28, United States Code, is

6 amended by adding at the end thereof the following new

7 subsection:

8 ‘‘(l) Notwithstanding any other provision of this sec9 tion or section 1828, the presiding judicial officer may ap10 point a certified or otherwise qualified sign language inter11 preter to provide services to a party, witness, or other par12 ticipant in a judicial proceeding, whether or not the pro13 ceeding is instituted by the United States, if the presiding

14 judicial officer determines, on such officer’s own motion

15 or on the motion of a party or other participant in the

16 proceeding, that such individual suffers from a hearing

17 impairment. The presiding judicial officer shall, subject to

18 the availability of appropriated funds, approve the com19 pensation and expenses payable to sign language inter20 preters appointed under this section in accordance with

21 the schedule of fees prescribed by the Director under sub22 section (b)(3) of this section.’’.
25

•S 1887 RS

1 SEC. 309. TECHNICAL AMENDMENT RELATED TO COM2 MENCEMENT DATE OF TEMPORARY BANK3 RUPTCY JUDGESHIPS.

4 Section 3(b) of the Bankruptcy Judgeship Act of

5 1992 (Public Law 102–361; 106 Stat. 965; 28 U.S.C. 152

6 note) is amended in the first sentence by striking out

7 ‘‘date of the enactment of this Act’’ and inserting in lieu

8 thereof ‘‘appointment date of the judge named to fill the

9 temporary judgeship position’’.

10 SEC. 310. CONTRIBUTION RATE FOR SENIOR JUDGES

11 UNDER THE JUDICIAL SURVIVORS’ ANNU12 ITIES SYSTEM.

13 Section 376(b)(1) of title 28, United States Code, is

14 amended to read as follows:

15 ‘‘(b)(1) Every judicial official who files a written noti16 fication of his or her intention to come within the purview

17 of this section, in accordance with paragraph (1) of sub18 section (a) of this section, shall be deemed thereby to con19 sent and agree to having deducted and withheld from his

20 or her salary a sum equal to 2.2 percent of that salary,

21 and a sum equal to 3.5 percent of his or her retirement

22 salary. The deduction from any retirement salary—

23 ‘‘(A) of a justice or judge of the United States

24 retired from regular active service under section

25 371(b) or section 372(a) of this title,
26

•S 1887 RS

1 ‘‘(B) of a judge of the United States Court of

2 Federal Claims retired under section 178 of this

3 title, or

4 ‘‘(C) of a judicial official on recall under section

5 155(b), 373(c)(4), 375, or 636(h) of this title,

6 shall be an amount equal to 2.2 percent of retirement sal7 ary.’’.

8 SEC. 311. PROHIBITION AGAINST AWARDS OF COSTS, IN9 CLUDING ATTORNEY’S FEES, AND INJUNC10 TIVE RELIEF AGAINST A JUDICIAL OFFICER.

11 (a) NONLIABILITY FOR COSTS.—Notwithstanding any

12 other provision of law, no judicial officer shall be held liable

13 for any costs, including attorney’s fees, in any action

14 brought against such officer for an act or omission taken

15 in such officer’s judicial capacity, unless such action was

16 clearly in excess of such officer’s jurisdiction.

17 (b) PROCEEDINGS IN VINDICATION OF CIVIL

18 RIGHTS.—Section 722(b) of the Revised Statutes (42 U.S.C.

19 1988(b)) is amended by inserting before the period at the

20 end thereof ‘‘, except that in any action brought against

21 a judicial officer for an act or omission taken in such offi22 cer’s judicial capacity such officer shall not be held liable

23 for any costs, including attorney’s fees, unless such action

24 was clearly in excess of such officer’s jurisdiction’’.
27

•S 1887 RS

1 (c) CIVIL ACTION FOR DEPRIVATION OF RIGHTS.—

2 Section 1979 of the Revised Statutes (42 U.S.C. 1983) is

3 amended by inserting before the period at the end of the

4 first sentence: ‘‘, except that in any action brought against

5 a judicial officer for an act or omission taken in such offi6 cer’s judicial capacity, injunctive relief shall not be granted

7 unless a declaratory decree was violated or declaratory re8 lief was unavailable’’.

9 TITLE IV—JUDICIAL FINANCIAL

10 ADMINISTRATION

11 SEC. 401. INCREASE IN CIVIL ACTION FILING FEE.

12 (a) FILING FEE INCREASE.—Section 1914(a) of title

13 28, United States Code, is amended by striking out

14 ‘‘$120’’ and inserting in lieu thereof ‘‘$150’’.

15 (b) DISPOSITION OF INCREASE.—Section 1931 of

16 title 28, United States Code, is amended—

17 (1) in subsection (a) by striking out ‘‘$60’’ and

18 inserting in lieu thereof ‘‘$90’’; and

19 (2) in subsection (b)—

20 (A) by striking out ‘‘$120’’ and inserting

21 in lieu thereof ‘‘$150’’; and

22 (B) by striking out ‘‘$60’’ and inserting in

23 lieu thereof ‘‘$90’’.

24 (c) EFFECTIVE DATE.—This section shall take effect

25 60 days after the date of the enactment of this Act.
28

•S 1887 RS

1 SEC. 402. INTERPRETER PERFORMANCE EXAMINATION

2 FEES.

3 (a) IN GENERAL.—Section 1827(g) of title 28, Unit4 ed States Code, is amended by redesignating paragraph

5 (5) as paragraph (6) and inserting after paragraph (4)

6 the following new paragraph:

7 ‘‘(5) If the Director of the Administrative Office of

8 the United States Courts finds it necessary to develop and

9 administer criterion-referenced performance examinations

10 for purposes of certification, or other examinations for the

11 selection of otherwise qualified interpreters, the Director

12 may prescribe for each examination a uniform fee for ap13 plicants to take such examination. In determining the rate

14 of the fee for each examination, the Director shall consider

15 the fees charged by other organizations for examinations

16 that are similar in scope or nature. Notwithstanding sec17 tion 3302(b) of title 31, the Director is authorized to pro18 vide in any contract or agreement for the development or

19 administration of examinations and the collection of fees

20 that the contractor may retain all or a portion of the fees

21 in payment for the services. Notwithstanding paragraph

22 (6) of this subsection, all fees collected after the effective

23 date of this paragraph and not retained by a contractor

24 shall be deposited in the fund established under section

25 1931 of this title and shall remain available until ex26 pended.’’.
29

•S 1887 RS

1 (b) PAYMENT FOR CONTRACTUAL SERVICES.—Not2 withstanding sections 3302(b), 1341, and 1517 of title 31,

3 United States Code, the Director of the Administrative Of4 fice of the United States Courts may include in any con5 tract for the development or administration of examina6 tions for interpreters (including such a contract entered

7 into before the date of the enactment of this Act) a provi8 sion which permits the contractor to collect and retain fees

9 in payment for contractual services in accordance with sec10 tion 1827(g)(5) of title 28, United States Code.

11 SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION.

12 (a) IN GENERAL.—(1) Chapter 123 of title 28, Unit13 ed States Code, is amended by adding after section 1931

14 the following new section:

15 ‘‘§ 1932. Judicial Panel on Multidistrict Litigation

16 ‘‘The Judicial Conference of the United States shall

17 prescribe from time to time the fees and costs to be

18 charged and collected by the Judicial Panel on Multidis19 trict Litigation.’’.

20 (2) The table of sections for chapter 123 of title 28,

21 United States Code, is amended by adding after the item

22 relating to section 1931 the following:

‘‘1932. Judicial Panel on Multidistrict Litigation.’’.

23 (b) RELATED FEES FOR ACCESS TO INFORMA24 TION.—Section 303(a) of the Judiciary Appropriations

25 Act, 1992 (Public Law 102–140; 105 Stat. 810; 28 U.S.C.
30

•S 1887 RS

1 1913 note) is amended in the first sentence by striking

2 out ‘‘1926, and 1930’’ and inserting in lieu thereof ‘‘1926,

3 1930, and 1932’’.

4 SEC. 404. DISPOSITION OF FEES.

5 (a) DISPOSITION OF ATTORNEY ADMISSION FEES.—

6 For each fee collected for admission of an attorney to

7 practice, as prescribed by the Judicial Conference of the

8 United States pursuant to section 1914 of title 28, United

9 States Code, $30 of that portion of the fee exceeding $20

10 shall be deposited into the special fund of the Treasury

11 established under section 1931 of title 28, United States

12 Code. Any portion exceeding $5 of the fee for a duplicate

13 certificate of admission or certificate of good standing, as

14 prescribed by the Judicial Conference of the United States

15 pursuant to section 1914 of title 28, United States Code,

16 shall be deposited into the special fund of the Treasury

17 established under section 1931 of title 28, United States

18 Code.

19 (b) DISPOSITION OF BANKRUPTCY COMPLAINT FIL20 ING FEES.—For each fee collected for filing an adversary

21 complaint in a bankruptcy proceeding, as established in

22 Item 6 of the Bankruptcy Court Miscellaneous Fee Sched23 ule prescribed by the Judicial Conference of the United

24 States pursuant to section 1930(b) of title 28, United

25 States Code, the portion of the fee exceeding $120 shall
31

•S 1887 RS

1 be deposited into the special fund of the Treasury estab2 lished under section 1931 of title 28, United States Code.

3 (c) EFFECTIVE DATE.—This section shall take effect

4 60 days after the date of the enactment of this Act.

5 TITLE V—FEDERAL COURTS

6 STUDY COMMITTEE REC7 OMMENDATIONS

8 SEC. 501. PARTIES’ CONSENT TO BANKRUPTCY JUDGE’S

9 FINDINGS AND CONCLUSIONS OF LAW.

10 Section 157(c)(1) of title 28, United States Code, is

11 amended to read as follows:

12 ‘‘(c)(1) A bankruptcy judge may hear a proceeding

13 that is not a core proceeding but that is otherwise related

14 to a case under title 11. In such proceeding, the bank15 ruptcy judge shall submit proposed findings of fact and

16 conclusions of law to the district court, and any final order

17 or judgment shall be entered by the district judge after

18 considering the bankruptcy judge’s proposed findings and

19 conclusions and after reviewing de novo those matters to

20 which any party has timely and specifically objected. A

21 party shall be deemed to consent to the findings of fact

22 and conclusions of law submitted by a bankruptcy judge

23 unless the party files a timely objection. If a timely objec24 tion is not filed, the proposed findings of fact and conclu25 sions of law submitted by the bankruptcy judge shall be-
32

•S 1887 RS

1 come final and the bankruptcy judge shall enter an appro2 priate order thereon.’’.

3 SEC. 502. QUALIFICATION OF CHIEF JUDGE OF COURT OF

4 INTERNATIONAL TRADE.

5 (a) IN GENERAL.—Chapter 11 of title 28, United

6 States Code, is amended by adding at the end thereof the

7 following new section:

8 ‘‘§ 258. Chief judges; precedence of judges

9 ‘‘(a)(1) The chief judge of the Court of International

10 Trade shall be the judge of the court in regular active

11 service who is senior in commission of those judges who—

12 ‘‘(A) are 64 years of age or under;

13 ‘‘(B) have served for 1 year or more as a judge

14 of the court; and

15 ‘‘(C) have not served previously as chief judge.

16 ‘‘(2)(A) In any case in which no judge of the court

17 meets the qualifications under paragraph (1), the young18 est judge in regular active service who is 65 years of age

19 or over and who has served as a judge of the court for

20 1 year or more shall act as the chief judge.

21 ‘‘(B) In any case under subparagraph (A) in which

22 there is no judge of the court in regular active service who

23 has served as a judge of the court for 1 year or more,

24 the judge of the court in regular active service who is sen-
33

•S 1887 RS

1 ior in commission and who has not served previously as

2 chief judge shall act as the chief judge.

3 ‘‘(3)(A) Except as provided under subparagraph (C),

4 the chief judge serving under paragraph (1) shall serve

5 for a term of 7 years and shall serve after expiration of

6 such term until another judge is eligible under paragraph

7 (1) to serve as chief judge.

8 ‘‘(B) Except as provided under subparagraph (C), a

9 judge of the court acting as chief judge under subpara10 graph (A) or (B) of paragraph (2) shall serve until a judge

11 meets the qualifications under paragraph (1).

12 ‘‘(C) No judge of the court may serve or act as chief

13 judge of the court after attaining the age of 70 years un14 less no other judge is qualified to serve as chief judge

15 under paragraph (1) or is qualified to act as chief judge

16 under paragraph (2).

17 ‘‘(b) The chief judge shall have precedence and pre18 side at any session of the court which such judge attends.

19 Other judges of the court shall have precedence and pre20 side according to the seniority of their commissions.

21 Judges whose commissions bear the same date shall have

22 precedence according to seniority in age.

23 ‘‘(c) If the chief judge desires to be relieved of the

24 duties as chief judge while retaining active status as a

25 judge of the court, the chief judge may so certify to the
34

•S 1887 RS

1 Chief Justice of the United States, and thereafter the

2 chief judge of the court shall be such other judge of the

3 court who is qualified to serve or act as chief judge under

4 subsection (a).

5 ‘‘(d) If a chief judge is temporarily unable to perform

6 the duties as such, such duties shall be performed by the

7 judge of the court in active service, able and qualified to

8 act, who is next in precedence.’’.

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

10 Chapter 11 of title 28, United States Code, is amended—

11 (1) in section 251 by striking out subsection (b)

12 and redesignating subsection (c) as subsection (b);

13 (2) in section 253—

14 (A) by amending the section heading to

15 read as follows:

16 ‘‘§ 253. Duties of chief judge.’’;

17 and

18 (B) by striking out subsections (d) and (e);

19 and

20 (3) in the table of sections for chapter 11 of

21 title 28, United States Code—

22 (A) by amending the item relating to sec23 tion 253 to read as follows:

‘‘253. Duties of chief judge.’’;

24 and
35

•S 1887 RS

1 (B) by adding at the end thereof the fol2 lowing:

‘‘258. Chief judges; precedence of judges.’’.

3 (c) APPLICATION.—(1) Notwithstanding the provi4 sions of section 258(a) of title 28, United States Code (as

5 added by subsection (a) of this section), the chief judge

6 of the United States Court of International Trade who is

7 in office on the day before the date of enactment of this

8 Act shall continue to be such chief judge on or after such

9 date until any one of the following events occurs:

10 (A) The chief judge is relieved of his duties

11 under section 258(c) of title 28, United States Code.

12 (B) The regular active status of the chief judge

13 is terminated.

14 (C) The chief judge attains the age of 70 years.

15 (D) The chief judge has served for a term of 7

16 years as chief judge.

17 (2) When the chief judge vacates the position of chief

18 judge under paragraph (1), the position of chief judge of

19 the Court of International Trade shall be filled in accord20 ance with section 258(a) of title 28, United States Code.

21 SEC. 503. JUDICIAL COST-OF-LIVING ADJUSTMENTS.

22 Section 140 of the resolution entitled ‘‘A Joint Reso23 lution making further continuing appropriations for the

24 fiscal year 1982, and for other purposes.’’, approved De-
36

•S 1887 RS

1 cember 15, 1981 (Public Law 97–92; 95 Stat. 1200; 28

2 U.S.C. 461 note) is repealed.

3 TITLE VI—MISCELLANEOUS

4 SEC. 601. PARTICIPATION IN JUDICIAL GOVERNANCE AC5 TIVITIES BY DISTRICT, SENIOR, AND MAG6 ISTRATE JUDGES.

7 (a) JUDICIAL CONFERENCE OF THE UNITED

8 STATES.—Section 331 of title 28, United States Code, is

9 amended by striking out the second undesignated para10 graph and inserting in lieu thereof the following:

11 ‘‘The district judge to be summoned from each judi12 cial circuit shall be chosen by the circuit and district

13 judges of the circuit and shall serve as a member of the

14 Judicial Conference of the United States for a term of

15 not less than 3 successive years nor more than 5 succes16 sive years, as established by majority vote of all circuit

17 and district judges of the circuit. A district judge serving

18 as a member of the Judicial Conference may be either a

19 judge in regular active service or a judge retired from reg20 ular active service under section 371(b) of this title.’’.

21 (b) BOARD OF THE FEDERAL JUDICIAL CENTER.—

22 Section 621 of title 28, United States Code, is amended—

23 (1) in subsection (a) by striking out paragraph

24 (2) and inserting in lieu thereof the following:
37

•S 1887 RS

1 ‘‘(2) two circuit judges, three district judges,

2 one bankruptcy judge, and one magistrate judge,

3 elected by vote of the members of the Judicial Con4 ference of the United States, except that any circuit

5 or district judge so elected may be either a judge in

6 regular active service or a judge retired from regular

7 active service under section 371(b) of this title but

8 shall not be a member of the Judicial Conference of

9 the United States; and’’; and

10 (2) in subsection (b) by striking out ‘‘retire11 ment,’’ and inserting in lieu thereof ‘‘retirement pur12 suant to section 371(a) or section 372(a) of this

13 title,’’.

14 SEC. 602. THE DIRECTOR AND DEPUTY DIRECTOR OF THE

15 ADMINISTRATIVE OFFICE AS OFFICERS OF

16 THE UNITED STATES.

17 Section 601 of title 28, United States Code, is

18 amended by adding at the end thereof the following: ‘‘The

19 Director and Deputy Director shall be deemed to be offi20 cers for purposes of title 5, United States Code.’’.

21 SEC. 603. REMOVAL OF ACTION FROM STATE COURT.

22 Section 1446(c)(1) of title 28, United States Code,

23 is amended by striking out ‘‘petitioner’’ and inserting in

24 lieu thereof ‘‘defendant or defendants’’.
38

•S 1887 RS

1 SEC. 604. FEDERAL JUDICIAL CENTER EMPLOYEE RETIRE2 MENT PROVISIONS.

3 Section 627(b) of title 28, United States Code, is

4 amended—

5 (1) in the first sentence by inserting ‘‘Deputy

6 Director,’’ before ‘‘the professional staff’’; and

7 (2) in the first sentence by inserting ‘‘chapter

8 84 (relating to the Federal Employees’ Retirement

9 System),’’ after ‘‘(relating to civil service retire10 ment),’’.

11 SEC. 605. ABOLITION OF THE SPECIAL COURT, REGIONAL

12 RAIL REORGANIZATION ACT OF 1973.

13 (a) ABOLITION OF THE SPECIAL COURT.—Section

14 209 of the Regional Rail Reorganization Act of 1973 (45

15 U.S.C. 719) is amended in subsection (b)—

16 (1) by inserting ‘‘(1)’’ before ‘‘Within 30 days

17 after’’; and

18 (2) by adding at the end thereof the following

19 new paragraph:

20 ‘‘(2) The special court referred to in paragraph (1)

21 of this subsection is abolished effective 90 days after the

22 date of enactment of the Federal Courts Improvement Act

23 of 1996. On such effective date, all jurisdiction and other

24 functions of the special court shall be assumed by the

25 United States District Court for the District of Columbia.

26 With respect to any proceedings that arise or continue
39

•S 1887 RS

1 after the date on which the special court is abolished, the

2 references in the following provisions to the special court

3 established under this subsection shall be deemed to refer

4 to the United States District Court for the District of Co5 lumbia:

6 ‘‘(A) Subsections (c), (e)(1), (e)(2), (f) and (g)

7 of this section.

8 ‘‘(B) Sections 202 (d)(3), (g), 207 (a)(1),

9 (b)(1), (b)(2), 208(d)(2), 301 (e)(2), (g), (k)(3),

10 (k)(15), 303 (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1),

11 (c)(2), (c)(3), (c)(4), (c)(5), 304 (a)(1)(B), (i)(3),

12 305 (c), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8),

13 (e), (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 306

14 (a), (b), (c)(4), and 601 (b)(3), (c) of this Act (45

15 U.S.C. 712 (d)(3), (g), 717 (a)(1), (b)(1), (b)(2),

16 718(d)(2), 741 (e)(2), (g), (k)(3), (k)(15), 743

17 (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2),

18 (c)(3), (c)(4), (c)(5), 744 (a)(1)(B), (i)(3), 745 (c),

19 (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e),

20 (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 746 (a),

21 (b), (c)(4), 791 (b)(3), (c)).

22 ‘‘(C) Sections 1152(a) and 1167(b) of the

23 Northeast Rail Service Act of 1981 (45 U.S.C.

24 1105(a), 1115(a)).
40

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1 ‘‘(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C),

2 (3)(C), (3)(E), (4)(A) and 4025(b) of the Conrail

3 Privatization Act (45 U.S.C. 1323 (2)(A)(iii),

4 (2)(B), (2)(C), (3)(C), (3)(E), (4)(A), 1324(b)).

5 ‘‘(E) Section 24907(b) of title 49, United

6 States Code.

7 ‘‘(F) Any other Federal law (other than this

8 subsection and section 605 of the Federal Courts

9 Improvement Act of 1996), Executive order, rule,

10 regulation, delegation of authority, or document of

11 or relating to the special court as previously estab12 lished under paragraph (1) of this subsection.’’.

13 (b) APPELLATE REVIEW.—(1) Section 209(e) of the

14 Regional Rail Reorganization Act of 1973 (45 U.S.C. 719)

15 is amended by striking out the paragraph following para16 graph (2) and inserting in lieu thereof the following:

17 ‘‘(3) An order or judgment of the United States Dis18 trict Court for the District of Columbia in any action re19 ferred to in this section shall be reviewable in accordance

20 with sections 1291, 1292, and 1294 of title 28, United

21 States Code.’’.

22 (2) Section 303 of the Regional Rail Reorganization

23 Act of 1973 (45 U.S.C. 743) is amended by striking out

24 subsection (d) and inserting in lieu thereof the following:
41

•S 1887 RS

1 ‘‘(d) APPEAL.—An order or judgment entered by the

2 United States District Court for the District of Columbia

3 pursuant to subsection (c) of this section or section 306

4 shall be reviewable in accordance with sections 1291,

5 1292, and 1294 of title 28, United States Code.’’.

6 (3) Section 1152 of the Northeast Rail Service Act

7 of 1981 (45 U.S.C. 1105) is amended by striking out sub8 section (b) and inserting in lieu thereof the following:

9 ‘‘(b) APPEAL.—An order or judgment of the United

10 States District Court for the District of Columbia in any

11 action referred to in this section shall be reviewable in ac12 cordance with sections 1291, 1292, and 1294 of title 28,

13 United States Code.’’.

14 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

15 (1) Section 209 of the Regional Rail Reorganization Act

16 of 1973 (45 U.S.C. 719) is further amended—

17 (A) in subsection (g) by inserting ‘‘or Court of

18 Appeals for the District of Columbia Circuit’’ after

19 ‘‘Supreme Court’’; and

20 (B) by striking out subsection (h).

21 (2) Section 305(d)(4) of the Regional Rail Reorga22 nization Act of 1973 (45 U.S.C. 745(d)) is amended by

23 striking out ‘‘a judge of the United States district court

24 with respect to such proceedings and such powers shall

25 include those of’’.
42

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1 (3) Section 1135(a)(8) of the Northeast Rail Service

2 Act of 1981 (45 U.S.C. 1104(8)) is amended to read as

3 follows:

4 ‘‘(8) ‘Special court’ means the judicial panel estab5 lished under section 209(b)(1) of the Regional Rail Reor6 ganization Act of 1973 (45 U.S.C. 719(b)(1)) or, with re7 spect to any proceedings that arise or continue after the

8 panel is abolished pursuant to section 209(b)(2) of such

9 Act, the United States District Court for the District of

10 Columbia.’’.

11 (4) Section 1152 of the Northeast Rail Service Act

12 of 1981 (45 U.S.C. 1105) is further amended by striking

13 out subsection (d).

14 (d) PENDING CASES.—Effective 90 days after the

15 date of enactment of this Act, any case pending in the

16 special court established under section 209(b) of the Re17 gional Rail Reorganization Act of 1973 (45 U.S.C.

18 719(b)) shall be assigned to the United States District

19 Court for the District of Columbia as though the case had

20 originally been filed in that court. The amendments made

21 by subsection (b) of this section shall not apply to any

22 final order or judgment entered by the special court for

23 which—
43

•S 1887 RS

1 (1) a petition for writ of certiorari has been

2 filed before the date on which the special court is

3 abolished; or

4 (2) the time for filing a petition for writ of cer5 tiorari has not expired before that date.

6 (e) EFFECTIVE DATE.—The amendments made by

7 subsections (b) and (c) of this section shall take effect 90

8 days after the date of enactment of this Act and, except

9 as provided in subsection (d), shall apply with respect to

10 proceedings that arise or continue after such effective

11 date.

12 SEC. 606. PLACE OF HOLDING COURT IN THE DISTRICT

13 COURT OF UTAH.

14 (a) NORTHERN DIVISION.—Section 125(1) of title

15 28, United States Code, is amended by inserting ‘‘Salt

16 Lake City and’’ before ‘‘Ogden’’.

17 (b) CENTRAL DIVISION.—Section 125(2) of title 28,

18 United States Code, is amended by inserting ‘‘, Provo, and

19 St. George’’ after ‘‘Salt Lake City’’.

20 SEC. 607. EXCEPTION OF RESIDENCY REQUIREMENT FOR

21 DISTRICT JUDGES APPOINTED TO THE

22 SOUTHERN DISTRICT AND EASTERN DIS23 TRICT OF NEW YORK.

24 Section 134(b) of title 28, United States Code, is

25 amended—
44

•S 1887 RS

1 (1) by inserting ‘‘the Southern District of New

2 York, and the Eastern District of New York,’’ after

3 ‘‘the District of Columbia,’’; and

4 (2) by inserting at the end the following: ‘‘Each

5 district judge of the Southern District of New York

6 and the Eastern District of New York may reside

7 within 20 miles of the district to which he or she is

8 appointed.’’.

9 SEC. 608. EXTENSION OF CIVIL JUSTICE EXPENSE AND

10 DELAY REDUCTION REPORTS ON DEM11 ONSTRATION AND PILOT PROGRAMS.

12 (a) DEMONSTRATION PROGRAM.—Section 104(d) of

13 the Civil Justice Reform Act of 1990 (28 U.S.C. 471 note)

14 is amended by striking out ‘‘December 31, 1996,’’ and in15 serting in lieu thereof ‘‘June 30, 1997,’’.

16 (b) PILOT PROGRAM.—Section 105(c)(1) of the Civil

17 Justice Reform Act of 1990 (28 U.S.C. 471 note) is

18 amended by striking out ‘‘December 31, 1996,’’ and in19 serting in lieu thereof ‘‘June 30, 1997,’’.

20 SEC. 609. EXTENSION OF ARBITRATION.

21 Section 905 of the Judicial Improvements and Access

22 to Justice Act (28 U.S.C. 651 note) is amended in the

23 first sentence by striking out ‘‘1997’’ and inserting in lieu

24 thereof ‘‘1998’’.
45

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1 SEC. 610. STATE JUSTICE INSTITUTE.

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

3 215 of the State Justice Institute Act of 1984 (42 U.S.C.

4 10713) is amended to read as follows:

5 ‘‘AUTHORIZATION OF APPROPRIATIONS

6 ‘‘SEC. 215. There are authorized to be appropriated

7 to carry out the purposes of this title $12,500,000 for each

8 of fiscal years 1997, 1998, 1999, and 2000, to remain avail9 able until expended.’’.

10 (b) EXECUTIVE COMMITTEE.—Section 204(j) of the

11 State Justice Institute Act of 1984 (42 U.S.C. 10703(j)) is

12 amended by inserting ‘‘(on such occasions as it has been

13 delegated the authority to act for the Board)’’ after ‘‘execu14 tive committee’’.

15 (c) HOWELL HEFLIN AWARD.—Section 204(k) of the

16 State Justice Act of 1984 (42 U.S.C. 10703(k)) is amend17 ed—

18 (1) in paragraph (5) by striking out ‘‘and’’ after

19 the semicolon;

20 (2) in paragraph (6) by striking out the period

21 and inserting in lieu thereof a semicolon and ‘‘and’’;

22 and

23 (3) by adding at the end thereof the following

24 new paragraph:

25 ‘‘(7) present an annual Howell Heflin Award in

26 recognition of an innovative Institute-supported
46

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1 project that has a high likelihood of significantly im2 proving the quality of justice in State courts across

3 the Nation.’’.

4 (d) PRIORITY IN MAKING AWARDS.—Section 206(b) of

5 the State Justice Institute Act of 1984 (42 U.S.C. 10705(b))

6 is amended—

7 (1) by redesignating paragraphs (1) through (5)

8 as paragraphs (2) through (6), respectively;

9 (2) by inserting before paragraph (2) (as redesig10 nated under paragraph (1) of this subsection) the fol11 lowing new paragraph:

12 ‘‘(1) The Institute shall give highest priority to

13 awarding grants to and entering into cooperative

14 agreements or contracts with State and local courts.’’;

15 and

16 (3) in paragraph (2) (as redesignated by para17 graph (1) of this subsection)—

18 (A) by striking out subparagraph (A); and

19 (B) by redesignating subparagraphs (B)

20 and (C) as subparagraphs (A) and (B), respec21 tively.

22 (e) GEOGRAPHIC DISTRIBUTION OF GRANTS.—Section

23 206(b) of the State Justice Institute Act of 1984 (42 U.S.C.

24 10705(b)) (as amended by subsection (d) of this section) is
47

•S 1887 RS

1 further amended by adding at the end thereof the following

2 new paragraph:

3 ‘‘(7) In making grants under this title, the Insti4 tute shall undertake outreach efforts to assure the

5 widest feasible geographical distribution of grant

6 funds and benefits resulting from grants, consistent

7 with its mission to award grants having the greatest

8 likelihood of improving the quality of justice nation9 wide.’’.

10 (f) NONSUPPLANTATION.—Section 207(d) of the State

11 Justice Institute Act of 1984 (42 U.S.C. 10706(d)) is

12 amended—

13 (1) in the matter preceding paragraph (1) by in14 serting ‘‘or noncourt related activities of private orga15 nizations’’ after ‘‘basic court services’’;

16 (2) in paragraph (1)—

17 (A) by striking out ‘‘State or local’’ and in18 serting in lieu thereof ‘‘State, local, or private

19 organizational’’; and

20 (B) by striking out ‘‘or’’ after the semicolon;

21 (3) in paragraph (2) by striking out the period

22 and inserting in lieu thereof a semicolon and ‘‘or’’;

23 and

24 (4) by adding at the end thereof the following

25 new paragraph:
48

•S 1887 RS

1 ‘‘(3) to support the activities of any national,

2 State, or local bar association, except for—

3 ‘‘(A) the training of State court judges or

4 court personnel, if such training is not provided

5 by any person or entity other than a bar asso6 ciation; or

7 ‘‘(B) projects conducted in State courts or

8 directly in conjunction with State courts to im9 prove the efficiency of such courts.’’.

10 (g) REPORTS TO CONGRESS.—Section 213 of the State

11 Justice Institute Act of 1984 (42 U.S.C. 10712) is amended

12 to read as follows:

13 ‘‘REPORTS TO CONGRESS

14 ‘‘SEC. 213. Effective January 1, 1997, the Institute

15 shall provide semiannual reports to the Committees on the

16 Judiciary of the Senate and the House of Representatives

17 identifying all grants made by the Institute during the pre18 ceding six months. The report shall include the name and

19 address of the grantee, the purpose of the project, the

20 amount of funding provided, and the duration of the

21 project.’’.