104TH CONGRESS

2D SESSION S. 1887

AN ACT

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.

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. Registration of judgments for enforcement in other districts.

Sec. 204. Vacancy in clerk position; absence of clerk.

Sec. 205. Diversity jurisdiction.

Sec. 206. Removal of cases against the United States and Federal officers or

agencies.

Sec. 207. Appeal route in civil cases decided by magistrate judges with consent.

Sec. 208. Reports by judicial councils relating to misconduct and disability orders.

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. Bankruptcy judges reappointment procedure.

Sec. 304. Technical correction related to commencement date of temporary

judgeships.

Sec. 305. Full-time status of court reporters.

Sec. 306. Court interpreters.

Sec. 307. Technical amendment related to commencement date of temporary

bankruptcy judgeships.

Sec. 308. Contribution rate for senior judges under the judicial survivors’ annuities system.

Sec. 309. 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.

TITLE V—FEDERAL COURTS STUDY COMMITTEE

RECOMMENDATIONS

Sec. 501. Qualification of Chief Judge of Court of International Trade.

TITLE VI—MISCELLANEOUS

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

magistrate judges.
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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. Place of holding court in the Southern District of New York.

Sec. 610. Venue for territorial courts.

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:

14 ‘‘(9) if approved by the district court, be au15 thorized to carry firearms under such rules and reg16 ulations as the Director of the Administrative Office

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

18 (b) PRETRIAL SERVICES OFFICERS.—Section 3154

19 of title 18, United States Code, is amended—
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1 (1) by redesignating paragraph (13) as para2 graph (14); and

3 (2) by inserting after paragraph (12) the fol4 lowing new paragraph:

5 ‘‘(13) If approved by the district court, be au6 thorized to carry firearms under such rules and reg7 ulations as the Director of the Administrative Office

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

9 TITLE II—JUDICIAL PROCESS

10 IMPROVEMENTS

11 SEC. 201. DUTIES OF MAGISTRATE JUDGE ON EMERGENCY

12 ASSIGNMENT.

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

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

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

16 SEC. 202. CONSENT TO TRIAL IN CERTAIN CRIMINAL

17 ACTIONS.

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

19 3401(b) of title 18, United States Code, is amended—

20 (A) in the first sentence by inserting ‘‘, other

21 than a petty offense that is a class B misdemeanor

22 charging a motor vehicle offense, a class C mis23 demeanor, or an infraction,’’ after ‘‘misdemeanor’’;

24 (B) in the second sentence by inserting ‘‘judge’’

25 after ‘‘magistrate’’ each place it appears;
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1 (C) by striking out the third sentence and in2 serting in lieu thereof the following: ‘‘The magistrate

3 judge may not proceed to try the case unless the de4 fendant, after such explanation, expressly consents

5 to be tried before the magistrate judge and expressly

6 and specifically waives trial, judgment, and sentenc7 ing by a district judge. Any such consent and waiver

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

9 and

10 (D) by striking out ‘‘judge of the district court’’

11 each place it appears and inserting in lieu thereof

12 ‘‘district judge’’.

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

14 is amended by striking out the first sentence and inserting

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

16 in a petty offense case involving a juvenile, that is a class

17 B misdemeanor charging a motor vehicle offense, a class

18 C misdemeanor, or an infraction, exercise all powers

19 granted to the district court under chapter 403 of this

20 title. The magistrate judge may, in any other class B or

21 C misdemeanor case involving a juvenile in which consent

22 to trial before a magistrate judge has been filed under sub23 section (b), exercise all powers granted to the district

24 court under chapter 403 of this title.’’.
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1 (b) AMENDMENTS TO TITLE 28.—Section 636(a) of

2 title 28, United States Code, is amended—

3 (1) by striking out ‘‘, and’’ at the end of para4 graph (3) and inserting in lieu thereof a semicolon;

5 and

6 (2) by striking out paragraph (4) and inserting

7 the following:

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

9 offense that is a class B misdemeanor charging a

10 motor vehicle offense, a class C misdemeanor, or an

11 infraction; and

12 ‘‘(5) the power to enter a sentence for a class

13 A misdemeanor, or a class B or C misdemeanor not

14 covered by paragraph (4), in a case in which the

15 parties have consented.’’.

16 SEC. 203. REGISTRATION OF JUDGMENTS FOR ENFORCE17 MENT IN OTHER DISTRICTS.

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

19 States Code, is amended—

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

21 follows:

22 ‘‘§ 1963. Registration of judgments for enforcement in

23 other districts’’;

24 (2) in the first sentence—
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1 (A) by striking out ‘‘district court’’ and in2 serting in lieu thereof ‘‘court of appeals, district

3 court, bankruptcy court,’’; and

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

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

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

7 new undesignated paragraph:

8 ‘‘The procedure prescribed under this section is in ad9 dition to other procedures provided by law for the enforce10 ment of judgments.’’.

11 (b) TECHNICAL AND CONFORMING AMENDMENT.—

12 The table of sections for chapter 125 of title 28, United

13 States Code, relating to section 1963 is amended to read

14 as follows:

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

15 SEC. 204. VACANCY IN CLERK POSITION; ABSENCE OF

16 CLERK.

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

18 States Code, is amended to read as follows:

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

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

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

22 last person who held that office. When the clerk is inca23 pacitated, absent, or otherwise unavailable to perform offi24 cial duties, the deputy clerks shall perform the duties of

25 the clerk in the name of the clerk. The court may des-
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1 ignate a deputy clerk to act temporarily as clerk of the

2 court in his or her own name.’’.

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

6 as follows:

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

7 SEC. 205. DIVERSITY JURISDICTION.

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

9 States Code, is amended—

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

11 and inserting in lieu thereof ‘‘$75,000’’; and

12 (2) in subsection (b) by striking out ‘‘$50,000’’

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

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

15 this section shall take effect 90 days after the date of en16 actment of this Act.

17 SEC. 206. REMOVAL OF CASES AGAINST THE UNITED

18 STATES AND FEDERAL OFFICERS OR AGEN19 CIES.

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

21 States Code, is amended—

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

23 agencies’’ after ‘‘officers’’; and

24 (2) in subsection (a)—
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1 (A) in the matter preceding paragraph (1)

2 by striking out ‘‘persons’’; and

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

4 officer of the United States or any agency

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

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

7 thereof ‘‘The United States or any agency

8 thereof or any officer (or any person acting

9 under that officer) of the United States or of

10 any agency thereof, sued in an official or indi11 vidual capacity for any act under color of such

12 office’’.

13 (b) TECHNICAL AND CONFORMING AMENDMENT.—

14 The table of sections for chapter 89 of title 28, United

15 States Code, is amended by amending the item relating

16 to section 1442 to read as follows:

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

17 SEC. 207. APPEAL ROUTE IN CIVIL CASES DECIDED BY

18 MAGISTRATE JUDGES WITH CONSENT.

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

20 amended—

21 (1) in subsection (c)—

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

23 this circumstance, the’’ and inserting in lieu

24 thereof ‘‘The’’;
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1 (B) by striking out paragraphs (4) and

2 (5); and

3 (C) by redesignating paragraphs (6) and

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

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

6 the taking and hearing of appeals to the district

7 courts,’’.

8 SEC. 208. REPORTS BY JUDICIAL COUNCILS RELATING TO

9 MISCONDUCT AND DISABILITY ORDERS.

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

11 amended by adding at the end thereof the following new

12 subsection:

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

14 judicial council shall submit a report to the Administrative

15 Office of the United States Courts on the number and na16 ture of orders entered under this section during the pre17 ceding calendar year that relate to judicial misconduct or

18 disability.’’.

19 TITLE III—JUDICIARY PERSON20 NEL ADMINISTRATION, BENE21 FITS, AND PROTECTIONS

22 SEC. 301. SENIOR JUDGE CERTIFICATION.

23 (a) RETROACTIVE CREDIT FOR RESUMPTION OF SIG24 NIFICANT WORKLOAD.—Section 371(f)(3) of title 28,

25 United States Code, is amended by striking out ‘‘is there-
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1 after ineligible to receive such a certification.’’ and insert2 ing in lieu thereof ‘‘may thereafter receive a certification

3 for that year by satisfying the requirements of subpara4 graph (A), (B), (C), or (D) of paragraph (1) of this sub5 section in a subsequent year and attributing a sufficient

6 part of the work performed in such subsequent year to

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

8 to the work performed during such earlier year, satisfies

9 the requirements for certification for that year. However,

10 a justice or judge may not receive credit for the same work

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

12 (b) AGGREGATION OF CERTAIN WORK FOR PARTIAL

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

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

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

16 performs work described under this subparagraph for less

17 than the full year, one-half of such work may be aggre18 gated with work described under subparagraph (A), (B),

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

20 or judge satisfying the requirements of such subpara21 graph.’’.
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1 SEC. 302. REFUND OF CONTRIBUTION FOR DECEASED DE2 FERRED ANNUITANT UNDER THE JUDICIAL

3 SURVIVORS’ ANNUITIES SYSTEM.

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

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

6 salary’,’’ and inserting in lieu thereof ‘‘while receiving re7 tirement salary, or after filing an election and otherwise

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

9 this section,’’.

10 SEC. 303. BANKRUPTCY JUDGES REAPPOINTMENT PROCE11 DURE.

12 Section 120 of the Bankruptcy Amendments and

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

14 Stat. 344), is amended—

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

16 thereof the following new paragraph:

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

18 consider reappointing incumbent bankruptcy judges under

19 procedures prescribed by regulations issued by the Judi20 cial Conference of the United States.’’; and

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

22 thereof the following: ‘‘All incumbent nominees seek23 ing reappointment thereafter may be considered for

24 such a reappointment, pursuant to a majority vote

25 of the judges of the appointing court of appeals,
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1 under procedures authorized under subsection

2 (a)(3).’’.

3 SEC. 304. TECHNICAL CORRECTION RELATED TO COM4 MENCEMENT DATE OF TEMPORARY JUDGE5 SHIPS.

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

7 1990 (Public Law 101–650; 104 Stat. 5101; 28 U.S.C.

8 133 note) is amended by adding at the end thereof the

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

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

11 of those judgeships filled shall be the judgeship created

12 under this subsection.’’.

13 SEC. 305. FULL-TIME STATUS OF COURT REPORTERS.

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

15 amended by inserting after the first sentence the follow16 ing: ‘‘For the purposes of subchapter III of chapter 83

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

18 be considered a full-time employee during any pay period

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

20 rate fixed for a full-time reporter under the preceding sen21 tence.’’.

22 SEC. 306. COURT INTERPRETERS.

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

24 amended by adding at the end thereof the following new

25 subsection:
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1 ‘‘(l) Notwithstanding any other provision of this sec2 tion or section 1828, the presiding judicial officer may ap3 point a certified or otherwise qualified sign language inter4 preter to provide services to a party, witness, or other par5 ticipant in a judicial proceeding, whether or not the pro6 ceeding is instituted by the United States, if the presiding

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

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

9 proceeding, that such individual suffers from a hearing

10 impairment. The presiding judicial officer shall, subject to

11 the availability of appropriated funds, approve the com12 pensation and expenses payable to sign language inter13 preters appointed under this section in accordance with

14 the schedule of fees prescribed by the Director under sub15 section (b)(3) of this section.’’.

16 SEC. 307. TECHNICAL AMENDMENT RELATED TO COM17 MENCEMENT DATE OF TEMPORARY BANK18 RUPTCY JUDGESHIPS.

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

20 1992 (Public Law 102–361; 106 Stat. 965; 28 U.S.C. 152

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

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

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

24 temporary judgeship position’’.
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1 SEC. 308. CONTRIBUTION RATE FOR SENIOR JUDGES

2 UNDER THE JUDICIAL SURVIVORS’ ANNU3 ITIES SYSTEM.

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

5 amended to read as follows:

6 ‘‘(b)(1) Every judicial official who files a written noti7 fication of his or her intention to come within the purview

8 of this section, in accordance with paragraph (1) of sub9 section (a) of this section, shall be deemed thereby to con10 sent and agree to having deducted and withheld from his

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

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

13 salary. The deduction from any retirement salary—

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

15 retired from regular active service under section

16 371(b) or section 372(a) of this title,

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

18 Federal Claims retired under section 178 of this

19 title, or

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

21 155(b), 373(c)(4), 375, or 636(h) of this title,

22 shall be an amount equal to 2.2 percent of retirement sal23 ary.’’.
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1 SEC. 309. PROHIBITION AGAINST AWARDS OF COSTS, IN2 CLUDING ATTORNEY’S FEES, AND INJUNC3 TIVE RELIEF AGAINST A JUDICIAL OFFICER.

4 (a) NONLIABILITY FOR COSTS.—Notwithstanding

5 any other provision of law, no judicial officer shall be held

6 liable for any costs, including attorney’s fees, in any action

7 brought against such officer for an act or omission taken

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

9 clearly in excess of such officer’s jurisdiction.

10 (b) PROCEEDINGS IN VINDICATION OF CIVIL

11 RIGHTS.—Section 722(b) of the Revised Statutes (42

12 U.S.C. 1988(b)) is amended by inserting before the period

13 at the end thereof ‘‘, except that in any action brought

14 against a judicial officer for an act or omission taken in

15 such officer’s judicial capacity such officer shall not be

16 held liable for any costs, including attorney’s fees, unless

17 such action was clearly in excess of such officer’s jurisdic18 tion’’.

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

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

21 is amended by inserting before the period at the end of

22 the first sentence: ‘‘, except that in any action brought

23 against a judicial officer for an act or omission taken in

24 such officer’s judicial capacity, injunctive relief shall not

25 be granted unless a declaratory decree was violated or de26 claratory relief was unavailable’’.
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1 TITLE IV—JUDICIAL FINANCIAL

2 ADMINISTRATION

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

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

5 28, United States Code, is amended by striking out

6 ‘‘$120’’ and inserting in lieu thereof ‘‘$150’’.

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

8 title 28, United States Code, is amended—

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

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

11 (2) in subsection (b)—

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

13 in lieu thereof ‘‘$150’’; and

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

15 lieu thereof ‘‘$90’’.

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

17 60 days after the date of the enactment of this Act.

18 SEC. 402. INTERPRETER PERFORMANCE EXAMINATION

19 FEES.

20 (a) IN GENERAL.—Section 1827(g) of title 28, Unit21 ed States Code, is amended by redesignating paragraph

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

23 the following new paragraph:

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

25 the United States Courts finds it necessary to develop and
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1 administer criterion-referenced performance examinations

2 for purposes of certification, or other examinations for the

3 selection of otherwise qualified interpreters, the Director

4 may prescribe for each examination a uniform fee for ap5 plicants to take such examination. In determining the rate

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

7 the fees charged by other organizations for examinations

8 that are similar in scope or nature. Notwithstanding sec9 tion 3302(b) of title 31, the Director is authorized to pro10 vide in any contract or agreement for the development or

11 administration of examinations and the collection of fees

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

13 in payment for the services. Notwithstanding paragraph

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

15 date of this paragraph and not retained by a contractor

16 shall be deposited in the fund established under section

17 1931 of this title and shall remain available until ex18 pended.’’.

19 (b) PAYMENT FOR CONTRACTUAL SERVICES.—Not20 withstanding sections 3302(b), 1341, and 1517 of title 31,

21 United States Code, the Director of the Administrative Of22 fice of the United States Courts may include in any con23 tract for the development or administration of examina24 tions for interpreters (including such a contract entered

25 into before the date of the enactment of this Act) a provi-
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1 sion which permits the contractor to collect and retain fees

2 in payment for contractual services in accordance with sec3 tion 1827(g)(5) of title 28, United States Code.

4 SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION.

5 (a) IN GENERAL.—(1) Chapter 123 of title 28, Unit6 ed States Code, is amended by adding after section 1931

7 the following new section:

8 ‘‘§ 1932. Judicial Panel on Multidistrict Litigation

9 ‘‘The Judicial Conference of the United States shall

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

11 charged and collected by the Judicial Panel on Multidis12 trict Litigation.’’.

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

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

15 relating to section 1931 the following:

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

16 (b) RELATED FEES FOR ACCESS TO INFORMA17 TION.—Section 303(a) of the Judiciary Appropriations

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

19 1913 note) is amended in the first sentence by striking

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

21 1930, and 1932’’.

22 SEC. 404. DISPOSITION OF FEES.

23 (a) DISPOSITION OF ATTORNEY ADMISSION FEES.—

24 For each fee collected for admission of an attorney to

25 practice, as prescribed by the Judicial Conference of the
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1 United States pursuant to section 1914 of title 28, United

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

3 shall be deposited into the special fund of the Treasury

4 established under section 1931 of title 28, United States

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

6 certificate of admission or certificate of good standing, as

7 prescribed by the Judicial Conference of the United States

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

9 shall be deposited into the special fund of the Treasury

10 established under section 1931 of title 28, United States

11 Code.

12 (b) DISPOSITION OF BANKRUPTCY COMPLAINT FIL13 ING FEES.—For each fee collected for filing an adversary

14 complaint in a bankruptcy proceeding, as established in

15 Item 6 of the Bankruptcy Court Miscellaneous Fee Sched16 ule prescribed by the Judicial Conference of the United

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

18 States Code, the portion of the fee exceeding $120 shall

19 be deposited into the special fund of the Treasury estab20 lished under section 1931 of title 28, United States Code.

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

22 60 days after the date of the enactment of this Act.
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1 TITLE V—FEDERAL COURTS

2 STUDY COMMITTEE REC3 OMMENDATIONS

4 SEC. 501. QUALIFICATION OF CHIEF JUDGE OF COURT OF

5 INTERNATIONAL TRADE.

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

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

8 following new section:

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

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

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

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

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

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

15 of the court; and

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

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

18 meets the qualifications under paragraph (1), the young19 est judge in regular active service who is 65 years of age

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

21 1 year or more shall act as the chief judge.

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

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

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

25 the judge of the court in regular active service who is sen-
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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
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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
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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.
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1 TITLE VI—MISCELLANEOUS

2 SEC. 601. PARTICIPATION IN JUDICIAL GOVERNANCE AC3 TIVITIES BY DISTRICT, SENIOR, AND MAG4 ISTRATE JUDGES.

5 (a) JUDICIAL CONFERENCE OF THE UNITED

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

7 amended by striking out the second undesignated para8 graph and inserting in lieu thereof the following:

9 ‘‘The district judge to be summoned from each judi10 cial circuit shall be chosen by the circuit and district

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

12 Judicial Conference of the United States for a term of

13 not less than 3 successive years nor more than 5 succes14 sive years, as established by majority vote of all circuit

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

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

17 judge in regular active service or a judge retired from reg18 ular active service under section 371(b) of this title.’’.

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

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

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

22 (2) and inserting in lieu thereof the following:

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

24 one bankruptcy judge, and one magistrate judge,

25 elected by vote of the members of the Judicial Con-
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1 ference of the United States, except that any circuit

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

3 regular active service or a judge retired from regular

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

5 shall not be a member of the Judicial Conference of

6 the United States; and’’; and

7 (2) in subsection (b) by striking out ‘‘retire8 ment,’’ and inserting in lieu thereof ‘‘retirement pur9 suant to section 371(a) or section 372(a) of this

10 title,’’.

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

12 ADMINISTRATIVE OFFICE AS OFFICERS OF

13 THE UNITED STATES.

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

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

16 Director and Deputy Director shall be deemed to be offi17 cers for purposes of title 5, United States Code.’’.

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

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

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

21 lieu thereof ‘‘defendant or defendants’’.

22 SEC. 604. FEDERAL JUDICIAL CENTER EMPLOYEE RETIRE23 MENT PROVISIONS.

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

25 amended—
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1 (1) in the first sentence by inserting ‘‘Deputy

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

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

4 84 (relating to the Federal Employees’ Retirement

5 System),’’ after ‘‘(relating to civil service retire6 ment),’’.

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

8 RAIL REORGANIZATION ACT OF 1973.

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

10 209 of the Regional Rail Reorganization Act of 1973 (45

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

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

13 after’’; and

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

15 new paragraph:

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

17 of this subsection is abolished effective 90 days after the

18 date of enactment of the Federal Courts Improvement Act

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

20 functions of the special court shall be assumed by the

21 United States District Court for the District of Columbia.

22 With respect to any proceedings that arise or continue

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

24 references in the following provisions to the special court

25 established under this subsection shall be deemed to refer
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1 to the United States District Court for the District of Co2 lumbia:

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

4 of this section.

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

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

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

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

9 305 (c), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8),

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

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

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

13 718(d)(2), 741 (e)(2), (g), (k)(3), (k)(15), 743

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

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

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

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

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

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

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

21 1105(a), 1115(a)).

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

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

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

25 (2)(B), (2)(C), (3)(C), (3)(E), (4)(A), 1324(b)).
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1 ‘‘(E) Section 24907(b) of title 49, United

2 States Code.

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

4 subsection and section 605 of the Federal Courts

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

6 regulation, delegation of authority, or document of

7 or relating to the special court as previously estab8 lished under paragraph (1) of this subsection.’’.

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

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

11 is amended by striking out the paragraph following para12 graph (2) and inserting in lieu thereof the following:

13 ‘‘(3) An order or judgment of the United States Dis14 trict Court for the District of Columbia in any action re15 ferred to in this section shall be reviewable in accordance

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

17 States Code.’’.

18 (2) Section 303 of the Regional Rail Reorganization

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

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

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

22 United States District Court for the District of Columbia

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

24 shall be reviewable in accordance with sections 1291,

25 1292, and 1294 of title 28, United States Code.’’.
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1 (3) Section 1152 of the Northeast Rail Service Act

2 of 1981 (45 U.S.C. 1105) is amended by striking out sub3 section (b) and inserting in lieu thereof the following:

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

5 States District Court for the District of Columbia in any

6 action referred to in this section shall be reviewable in ac7 cordance with sections 1291, 1292, and 1294 of title 28,

8 United States Code.’’.

9 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

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

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

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

13 Appeals for the District of Columbia Circuit’’ after

14 ‘‘Supreme Court’’; and

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

16 (2) Section 305(d)(4) of the Regional Rail Reorga17 nization Act of 1973 (45 U.S.C. 745(d)) is amended by

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

19 with respect to such proceedings and such powers shall

20 include those of’’.

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

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

23 follows:

24 ‘‘(8) ‘Special court’ means the judicial panel estab25 lished under section 209(b)(1) of the Regional Rail Reor-
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1 ganization Act of 1973 (45 U.S.C. 719(b)(1)) or, with re2 spect to any proceedings that arise or continue after the

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

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

5 Columbia.’’.

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

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

8 out subsection (d).

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

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

11 special court established under section 209(b) of the Re12 gional Rail Reorganization Act of 1973 (45 U.S.C.

13 719(b)) shall be assigned to the United States District

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

15 originally been filed in that court. The amendments made

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

17 final order or judgment entered by the special court for

18 which—

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

20 filed before the date on which the special court is

21 abolished; or

22 (2) the time for filing a petition for writ of cer23 tiorari has not expired before that date.

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

25 subsections (b) and (c) of this section shall take effect 90
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1 days after the date of enactment of this Act and, except

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

3 proceedings that arise or continue after such effective

4 date.

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

6 COURT OF UTAH.

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

8 28, United States Code, is amended by inserting ‘‘Salt

9 Lake City and’’ before ‘‘Ogden’’.

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

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

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

13 SEC. 607. EXCEPTION OF RESIDENCY REQUIREMENT FOR

14 DISTRICT JUDGES APPOINTED TO THE

15 SOUTHERN DISTRICT AND EASTERN DIS16 TRICT OF NEW YORK.

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

18 amended—

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

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

21 ‘‘the District of Columbia,’’; and

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

23 district judge of the Southern District of New York

24 and the Eastern District of New York may reside
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1 within 20 miles of the district to which he or she is

2 appointed.’’.

3 SEC. 608. EXTENSION OF CIVIL JUSTICE EXPENSE AND

4 DELAY REDUCTION REPORTS ON DEM5 ONSTRATION AND PILOT PROGRAMS.

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

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

8 is amended by striking out ‘‘December 31, 1996,’’ and in9 serting in lieu thereof ‘‘June 30, 1997,’’.

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

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

12 amended by striking out ‘‘December 31, 1996,’’ and in13 serting in lieu thereof ‘‘June 30, 1997,’’.

14 SEC. 609. PLACE OF HOLDING COURT IN THE SOUTHERN

15 DISTRICT OF NEW YORK.

16 The last sentence of section 112(b) of title 28, United

17 States Code, is amended to read as follows:

18 ‘‘Court for the Southern District shall be held at

19 New York, White Plains, and in the Middletown20 Wallkill area of Orange County or such nearby loca21 tion as may be deemed appropriate.’’.

22 SEC. 610. VENUE FOR TERRITORIAL COURTS.

23 (a) CHANGE OF VENUE.—Section 1404(d) of title 28,

24 United States Code, is amended to read as follows:
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1 ‘‘(d) As used in this section, the term ‘district court’

2 includes the District Court of Guam, the District Court

3 for the Northern Mariana Islands, and the District Court

4 of the Virgin Islands, and the term ‘district’ includes the

5 territorial jurisdiction of each such court.’’.

6 (b) CURE OR WAIVER OF DEFECTS.—Section

7 1406(c) of title 28, United States Code, is amended to

8 read as follows:

9 ‘‘(c) As used in this section, the term ‘district court’

10 includes the District Court of Guam, the District Court

11 for the Northern Mariana Islands, and the District Court

12 of the Virgin Islands, and the term ‘district’ includes the

13 territorial jurisdiction of each such court.’’.

14 (c) APPLICABILITY.—The amendments made by this

15 section apply to cases pending on the date of the enact16 ment of this Act and to cases commenced on or after such

17 date.

Passed the Senate October 3, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1887

AN ACT

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