II

103D CONGRESS

2D SESSION S. 2407

To make improvements in the operation and administration of the Federal

courts, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 18, 1994

Mr. HEFLIN (for himself, Mr. BIDEN, Mr. HATCH, Mr. GRASSLEY, and Mr.

SPECTER) introduced the following bill; which was read twice, considered,

read the third time, and passed

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.

4 This Act may be cited as the ‘‘Judicial Amendments

5 Act of 1994’’.

6 SEC. 2. AMENDMENTS TO THE JUDICIARY AUTOMATION

7 FUND.

8 Section 612 of title 28, United States Code, is

9 amended—

10 (1) in subsection (a)—
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1 (A) in the second sentence by inserting

2 after ‘‘equipment for’’ the following: ‘‘program

3 activities included in the courts of appeals, dis4 trict courts, and other judicial services account

5 of’’; and

6 (B) in the third sentence by striking out

7 all after ‘‘personal services’’ and inserting in

8 lieu thereof ‘‘, support personnel in the courts

9 and in the Administrative Office of the United

10 States Courts, and other costs, for the effective

11 management, coordination, operation, and use

12 of automatic data processing equipment pur13 chased by the Fund. In addition, all agencies of

14 the judiciary may make deposits into the Fund

15 to meet their automatic data processing needs

16 in accordance with subsections (b) and (c)(2).’’;

17 (2) in subsection (b)(1) by striking out ‘‘judicial

18 branch’’ and inserting in lieu thereof ‘‘activities

19 funded under subsection (a) and shall include an an20 nual estimate of any fees that may be collected

21 under section 404 of the Judiciary Appropriations

22 Act, 1991 (Public Law 101–515; 104 Stat. 2133)’’;

23 (3) in subsection (b)(2) by striking out ‘‘judicial

24 branch of the United States’’ and inserting in lieu

25 thereof ‘‘activities funded under subsection (a)’’;
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1 (4) in subsection (c)(1)(A), by inserting after

2 ‘‘surplus property’’ the following: ‘‘, all fees collected

3 after the date of the enactment of the Judicial

4 Amendments Act of 1994 by the judiciary under sec5 tion 404 of the Judiciary Appropriations Act, 1991

6 (Public Law 101–515; 104 Stat. 2133)’’;

7 (5) in subsection (e)(1)—

8 (A) by striking out ‘‘(A)’’; and

9 (B) by striking out ‘‘$75,000,000’’ and in10 serting in lieu thereof ‘‘amounts estimated to be

11 collected under subsection (c) for that fiscal

12 year’’;

13 (6) in subsection (h) by amending the sub14 section to read as follows:

15 ‘‘(h) ANNUAL REPORT.—

16 ‘‘(1) IN GENERAL.—The Director shall submit

17 to the Congress an annual report on the operation

18 of the Fund, including on the inventory, use, and ac19 quisition of automatic data processing equipment

20 from the Fund and the consistency of such acquisi21 tion with the plan prepared under subsection (b).

22 The report shall set forth the amounts deposited

23 into the Fund under subsection (c).
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1 ‘‘(2) ADDITIONAL CONTENTS OF REPORT.—The

2 annual report submitted under this subsection shall

3 include—

4 ‘‘(A) the specific actions taken and the

5 progress made to improve the plan developed

6 under subsection (b) and the long range auto7 mation plan and strategic business plan devel8 oped under subsection (k); and

9 ‘‘(B) a comparison of planned Fund ex10 penditures and accomplishments with actual

11 Fund expenditures and accomplishments, and

12 the reasons for any delays in scheduled systems

13 development, or budget overruns.

14 ‘‘(3) REPORT IN YEAR OF TERMINATION OF AU15 THORITY.—The annual report submitted under this

16 subsection for any year in which the authority for

17 this section is to terminate under subsection (m),

18 shall be submitted no later than 9 months before the

19 date of such termination.’’;

20 (7) in subsection (i) by striking out all after

21 ‘‘Judicial Conference of the United States,’’ and in22 serting in lieu thereof ‘‘may transfer amounts up to

23 $1,000,000 from the Fund into the account to which

24 the funds were originally appropriated. Any amounts

25 transferred from the Fund in excess of $1,000,000
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1 in any fiscal year may only be transferred by follow2 ing reprogramming procedures in compliance with

3 section 606 of the Departments of Commerce, Jus4 tice, and State, the Judiciary, and Related Agencies

5 Appropriations Act, 1989 (Public Law 100–459;

6 102 Stat. 2227).’’;

7 (8) in subsection (j) in the second sentence by

8 inserting ‘‘in statute’’ after ‘‘not specified’’;

9 (9) by redesignating subsections (k) and (l) as

10 subsections (l) and (m), respectively, and by insert11 ing after subsection (j) the following new subsection:

12 ‘‘(k) LONG RANGE MANAGEMENT AND BUSINESS

13 PLANS.—The Director of the Administrative Office of the

14 United States Court shall—

15 ‘‘(1) develop an overall strategic business plan

16 which would identify the judiciary’s missions, goals,

17 and objectives;

18 ‘‘(2) develop a long range automation plan

19 based on the strategic business plan and user needs

20 assessments;

21 ‘‘(3) establish effective Administrative Office

22 oversight of court automation efforts to ensure the

23 effective operation of existing systems and control

24 over developments of future systems;
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1 ‘‘(4) expedite efforts to complete the develop2 ment and implementation of life cycle management

3 standards;

4 ‘‘(5) utilize the standards in developing the next

5 generation of case management and financial sys6 tems; and

7 ‘‘(6) assess the current utilization and future

8 user requirements of the data communications net9 work.’’; and

10 (10) in subsection (m) (as redesignated under

11 paragraph (9) of this section—

12 (A) in the first sentence by striking out

13 ‘‘1994’’, and inserting in lieu thereof, ‘‘1997’’;

14 and

15 (B) in the second sentence by striking out

16 ‘‘ ‘Judicial Services Account’ ’’ and inserting in

17 lieu thereof ‘‘fund established under section

18 1931 of this title’’.

19 SEC. 3. COURT ARBITRATION AUTHORIZATION.

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

21 905 of the Judicial Improvements and Access to Justice

22 Act (28 U.S.C. 651 note) is amended—

23 (1) in the first sentence by striking out ‘‘for the

24 fiscal year ending September 30, 1989, and for each

25 of the succeeding 7 fiscal years,’’ and inserting in
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1 lieu thereof ‘‘for each of the fiscal years 1994

2 through 1997’’; and

3 (2) in the third sentence by striking out all be4 ginning with ‘‘, except that’’ through ‘‘this Act’’.

5 (b) REMOVAL OF REPEALER.—Section 906 of the

6 Judicial Improvements and Access to Justice Act (28

7 U.S.C. 651 note), and the item relating to such section

8 in the table of contents contained in section 3 of such Act,

9 are repealed.

10 SEC. 4. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY

11 REDUCTION PILOT PROGRAMS.

12 Section 105 of the Civil Justice Reform Act of 1990

13 (28 U.S.C. 471 note; 104 Stat. 5097) is amended—

14 (1) in subsection (a)(1) by striking out ‘‘4-year

15 period’’ and inserting in lieu thereof ‘‘5-year pe16 riod’’;

17 (2) in subsection (b)(3)—

18 (A) in the first sentence by striking out ‘‘3

19 years’’ and inserting in lieu thereof ‘‘4 years’’;

20 and

21 (B) in the second sentence by striking out

22 ‘‘3-year period’’ and inserting in lieu thereof

23 ‘‘4-year period’’; and
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1 (3) in subsection (c)(1) by striking out ‘‘Decem2 ber 31, 1995,’’ and inserting in lieu thereof ‘‘Decem3 ber 31, 1996,’’.

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