Union Calendar No. 435

104TH CONGRESS

2D SESSION H. R. 3968

[Report No. 104–798]

A BILL

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

SEPTEMBER 17, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 435

104TH CONGRESS

2D SESSION H. R. 3968

[Report No. 104–798]

To make improvements in the operation and administration of the Federal

courts, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mr. MOORHEAD (for himself and Mrs. SCHROEDER) introduced the following

bill; which was referred to the Committee on the Judiciary

SEPTEMBER 17, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on August 2, 1996]

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 this

2 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. Registration of judgments for enforcement in other districts.

Sec. 203. Vacancy in clerk position; absence of clerk.

Sec. 204. Removal of cases against the United States and Federal officers or agencies.

Sec. 205. Appeal route in civil cases decided by magistrate judges with consent.

Sec. 206. Reports by judicial councils relating to misconduct and disability orders.

Sec. 207. Consent to trial in certain criminal actions.

TITLE III—JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS,

AND PROTECTIONS

Sec. 301. Refund of contribution for deceased deferred annuitant under the Judicial Survivors’ Annuities System.

Sec. 302. Bankruptcy judges reappointment procedure.

Sec. 303. Technical correction related to commencement date of temporary judgeships.

Sec. 304. Full-time status of court reporters.

Sec. 305. Court interpreters.

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

bankruptcy judgeships.

Sec. 307. Contribution rate for senior judges under the Judicial Survivors’ Annuities System.

Sec. 308. Proceedings on complaints against judicial conduct.

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—PLACES OF HOLDING COURT

Sec. 601. Place of holding court in the Southern District of New York.

Sec. 602. Place of holding court in the Eastern District of Texas.
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TITLE VII—MISCELLANEOUS

Sec. 701. Participation in judicial governance activities by district, senior, and

magistrate judges.

Sec. 702. The Director and Deputy Director of the Administrative Office as officers of the United States.

Sec. 703. Removal of action from State court.

Sec. 704. Federal Judicial Center employee retirement provisions.

Sec. 705. Abolition of the special court, Regional Rail Reorganization Act of

1973.

Sec. 706. Exception of residency requirement for district judges appointed to the

Southern District and Eastern District of New York.

Sec. 707. Civil justice expense and delay reduction plans.

Sec. 708. 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 court, be authorized to

15 carry firearms under such regulations as the Director

16 of the Administrative Office of the United States

17 Courts may prescribe; and’’.

18 (b) PRETRIAL SERVICES OFFICERS.—Section 3154 of

19 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 follow4 ing new paragraph:

5 ‘‘(13) If approved by the court, be authorized to

6 carry firearms under such regulations as the Director

7 of the Administrative Office of the United States

8 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. 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, or bankruptcy court’’; and

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

5 that follows through ‘‘Trade,’’ and inserting in

6 lieu thereof ‘‘the judgment’’; and

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

8 new undesignated paragraph:

9 ‘‘The procedure prescribed under this section is in ad10 dition to other procedures provided by law for the enforce11 ment of judgments.’’.

12 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

13 table of sections for chapter 125 of title 28, United States

14 Code, relating to section 1963 is amended to read as follows:

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

15 SEC. 203. 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 last

22 person who held that office. When the clerk is incapacitated,

23 absent, or otherwise unavailable to perform official duties,

24 the deputy clerks shall perform the duties of the clerk in

25 the name of the clerk. The court may designate a deputy
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1 clerk to act temporarily as clerk of the court in his or her

2 own name.’’.

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

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

5 Code, relating to section 954 is amended to read as follows:

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

6 SEC. 204. REMOVAL OF CASES AGAINST THE UNITED

7 STATES AND FEDERAL OFFICERS OR AGEN8 CIES.

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

10 States Code, is amended—

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

12 agencies’’ after ‘‘officers’’; and

13 (2) in subsection (a)—

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

15 by striking out ‘‘persons’’; and

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

17 officer of the United States or any agency there18 of, or person acting under him, for any act

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

20 thereof ‘‘The United States or any agency thereof

21 or any officer (or any person acting under that

22 officer) of the United States or of any agency

23 thereof, sued in an official or individual capac24 ity for any act under color of such office’’.
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1 (b) TECHNICAL AND CONFORMING AMENDMENT.—The

2 table of sections for chapter 89 of title 28, United States

3 Code, is amended by amending the item relating to section

4 1442 to read as follows:

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

5 SEC. 205. APPEAL ROUTE IN CIVIL CASES DECIDED BY MAG6 ISTRATE JUDGES WITH CONSENT.

7 Section 636 of title 28, United States Code, is amend8 ed—

9 (1) in subsection (c)—

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

11 this circumstance, the’’ and inserting in lieu

12 thereof ‘‘The’’;

13 (B) by striking out paragraphs (4) and (5);

14 and

15 (C) by redesignating paragraphs (6) and

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

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

18 the taking and hearing of appeals to the district

19 courts,’’.

20 SEC. 206. REPORTS BY JUDICIAL COUNCILS RELATING TO

21 MISCONDUCT AND DISABILITY ORDERS.

22 Section 332 of title 28, United States Code, is amended

23 by adding at the end thereof the following new subsection:

24 ‘‘(g) No later than January 31 of each year, each judi25 cial council shall submit a report to the Administrative Of-
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1 fice of the United States Courts on the number and nature

2 of orders entered under this section during the preceding

3 calendar year that relate to judicial misconduct or disabil4 ity.’’.

5 SEC. 207. CONSENT TO TRIAL IN CERTAIN CRIMINAL AC6 TIONS.

7 (a) AMENDMENTS TO TITLE 18.—(1) Section 3401(b)

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

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

10 than a petty offense that is a class B misdemeanor

11 charging a motor vehicle offense, a class C mis12 demeanor, or an infraction,’’ after ‘‘misdemeanor’’;

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

14 after ‘‘magistrate’’ each place it appears;

15 (C) by striking out the third sentence and insert16 ing in lieu thereof the following: ‘‘The magistrate

17 judge may not proceed to try the case unless the de18 fendant, after such explanation, expressly consents to

19 be tried before the magistrate judge and expressly and

20 specifically waives trial, judgment, and sentencing by

21 a district judge. Any such consent and waiver shall

22 be made in writing or orally on the record.’’; and

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

24 each place it appears and inserting in lieu thereof

25 ‘‘district judge’’.
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1 (2) Section 3401(g) of title 18, United States Code, is

2 amended by striking out the first sentence and inserting

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

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

5 B misdemeanor charging a motor vehicle offense, a class

6 C misdemeanor, or an infraction, exercise all powers grant7 ed to the district court under chapter 403 of this title. The

8 magistrate judge may, in any other class B or C mis9 demeanor case involving a juvenile in which consent to trial

10 before a magistrate judge has been filed under subsection

11 (b), exercise all powers granted to the district court under

12 chapter 403 of this title.’’.

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

14 title 28, United States Code, is amended—

15 (1) by striking out ‘‘, and’’ at the end of para16 graph (3) and inserting in lieu thereof a semicolon;

17 and

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

19 the following:

20 ‘‘(4) the power to enter a sentence for a petty of21 fense that is a class B misdemeanor charging a motor

22 vehicle offense, a class C misdemeanor, or an infrac23 tion; and

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

25 misdemeanor, or a class B or C misdemeanor not cov-
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1 ered by paragraph (4), in a case in which the parties

2 have consented.’’.

3 TITLE III—JUDICIARY PERSON4 NEL ADMINISTRATION, BENE5 FITS, AND PROTECTIONS

6 SEC. 301. REFUND OF CONTRIBUTION FOR DECEASED DE7 FERRED ANNUITANT UNDER THE JUDICIAL

8 SURVIVORS’ ANNUITIES SYSTEM.

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

10 amended by striking out ‘‘or while receiving ‘retirement sal11 ary’,’’ and inserting in lieu thereof ‘‘while receiving retire12 ment salary, or after filing an election and otherwise com13 plying with the conditions under subsection (b)(2) of this

14 section,’’.

15 SEC. 302. BANKRUPTCY JUDGES REAPPOINTMENT PROCE16 DURE.

17 Section 120 of the Bankruptcy Amendments and Fed18 eral Judgeship Act of 1984 (Public Law 98–353; 28 U.S.C.

19 152 note), is amended—

20 (1) in subsection (a) by adding at the end thereof

21 the following new paragraph:

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

23 consider reappointing incumbent bankruptcy judges under

24 procedures prescribed by regulations issued by the Judicial

25 Conference of the United States.’’; and
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1 (2) in subsection (b) by adding at the end thereof

2 the following: ‘‘All incumbent nominees seeking re3 appointment thereafter may be considered for such a

4 reappointment, pursuant to a majority vote of the

5 judges of the appointing court of appeals, under pro6 cedures authorized under subsection (a)(3).’’.

7 SEC. 303. TECHNICAL CORRECTION RELATED TO COM8 MENCEMENT DATE OF TEMPORARY JUDGE9 SHIPS.

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

11 1990 (Public Law 101–650; 104 Stat. 5101; 28 U.S.C. 133

12 note) is amended by adding at the end thereof the following:

13 ‘‘For districts named in this subsection for which multiple

14 judgeships are created by this Act, the last of those judge15 ships filled shall be the judgeship created under this sub16 section.’’.

17 SEC. 304. FULL-TIME STATUS OF COURT REPORTERS.

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

19 amended by inserting after the first sentence the following:

20 ‘‘For the purposes of subchapter III of chapter 83 of title

21 5 and chapter 84 of such title, a reporter shall be considered

22 a full-time employee during any pay period for which a

23 reporter receives a salary at the annual salary rate fixed

24 for a full-time reporter under the preceding sentence.’’.
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1 SEC. 305. COURT INTERPRETERS.

2 Section 1827 of title 28, United States Code, is amend3 ed by adding at the end thereof the following new subsection:

4 ‘‘(l) Notwithstanding any other provision of this sec5 tion or section 1828, the presiding judicial officer may ap6 point a certified or otherwise qualified sign language inter7 preter to provide services to a party, witness, or other par8 ticipant in a judicial proceeding, whether or not the pro9 ceeding is instituted by the United States, if the presiding

10 judicial officer determines, on such officer’s own motion or

11 on the motion of a party or other participant in the pro12 ceeding, that such individual suffers from a hearing im13 pairment. The presiding judicial officer shall, subject to the

14 availability of appropriated funds, approve the compensa15 tion and expenses payable to sign language interpreters ap16 pointed under this subsection in accordance with the sched17 ule of fees prescribed by the Director under subsection (b)(3)

18 of this section.’’.

19 SEC. 306. TECHNICAL AMENDMENT RELATED TO COM20 MENCEMENT DATE OF TEMPORARY BANK21 RUPTCY JUDGESHIPS.

22 Section 3(b) of the Bankruptcy Judgeship Act of 1992

23 (Public Law 102–361; 106 Stat. 965; 28 U.S.C. 152 note)

24 is amended in the first sentence by striking out ‘‘date of

25 the enactment of this Act’’ and inserting in lieu thereof ‘‘ap-
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1 pointment date of the judge named to fill the temporary

2 judgeship position’’.

3 SEC. 307. CONTRIBUTION RATE FOR SENIOR JUDGES

4 UNDER THE JUDICIAL SURVIVORS’ ANNU5 ITIES SYSTEM.

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

7 amended to read as follows:

8 ‘‘(b)(1) Every judicial official who files a written noti9 fication of his or her intention to come within the purview

10 of this section, in accordance with paragraph (1) of sub11 section (a) of this section, shall be deemed thereby to consent

12 and agree to having deducted and withheld from his or her

13 salary a sum equal to 2.2 percent of that salary, and a

14 sum equal to 3.5 percent of his or her retirement salary.

15 The deduction from any retirement salary—

16 ‘‘(A) of a justice or judge of the United States re17 tired from regular active service under section 371(b)

18 or section 372(a) of this title,

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

20 Federal Claims retired under section 178 of this title,

21 or

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

23 155(b), 373(c)(4), 375, or 636(h) of this title,

24 shall be an amount equal to 2.2 percent of retirement sal25 ary.’’.
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1 SEC. 308. PROCEEDINGS ON COMPLAINTS AGAINST JUDI2 CIAL CONDUCT.

3 (a) IN GENERAL.—Section 372(c) of title 28, United

4 States Code, is amended—

5 (1) in paragraph (1)—

6 (A) by inserting ‘‘(A)’’ after ‘‘(c)(1)’’; and

7 (B) by adding at the end the following: ‘‘In

8 the case of a complaint so identified, the chief

9 judge shall notify the clerk of the court of appeals

10 of the complaint, together with a brief statement

11 of the facts underlying the complaint.

12 ‘‘(B) Complaints filed under subparagraph (A) in one

13 judicial circuit shall be referred to another judicial circuit

14 for proceedings under this subsection, in accordance with

15 a system established by rule by the Judicial Conference,

16 which prescribes the circuits to which the complaints will

17 be referred. The Judicial Conference shall establish and sub18 mit to the Congress the system described in the preceding

19 sentence not later than 180 days after the date of the enact20 ment of this subparagraph.’’;

21 (2) in paragraph (2)—

22 (A) by amending the first sentence to read

23 as follows: ‘‘Upon receipt of a complaint filed or

24 notice of a complaint identified under paragraph

25 (1) of this subsection, the clerk shall promptly

26 transmit such complaint or (in the case of a
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1 complaint identified under paragraph (1)) the

2 statement of facts underlying the complaint to

3 the chief judge of the circuit assigned to conduct

4 proceedings on the complaint in accordance with

5 the system established under paragraph (1)(B)

6 (hereafter in this subsection referred to as the

7 ‘chief judge’).’’; and

8 (B) in the second sentence by inserting ‘‘or

9 statement of facts underlying the complaint (as

10 the case may be)’’ after ‘‘copy of the complaint’’;

11 (3) in paragraph (4)(A) by inserting ‘‘(to which

12 the complaint or statement of facts underlying the

13 complaint is referred)’’ after ‘‘the circuit’’;

14 (4) in paragraph (5)—

15 (A) in the first sentence by inserting ‘‘to

16 which the complaint or statement of facts under17 lying the complaint is referred’’ after ‘‘the cir18 cuit’’; and

19 (B) in the second sentence by striking ‘‘the

20 circuit’’ and inserting ‘‘that circuit’’;

21 (5) in the first sentence of paragraph (15) by in22 serting before the period at the end the following: ‘‘in

23 which the complaint was filed or identified under

24 paragraph (1)’’; and
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1 (6) by amending paragraph (18) to read as fol2 lows:

3 ‘‘(18) The Judicial Conference shall prescribe rules,

4 consistent with the preceding provisions of this subsection—

5 ‘‘(A) establishing procedures for the filing of

6 complaints with respect to the conduct of any judge

7 of the United States Court of Federal Claims, the

8 Court of International Trade, or the Court of Appeals

9 for the Federal Circuit, and for the investigation and

10 resolution of such complaints; and

11 ‘‘(B) establishing a system for referring com12 plaints filed with respect to the conduct of a judge of

13 any such court to any of the first eleven judicial cir14 cuits or to another court for investigation and resolu15 tion.

16 The Judicial Conference shall establish and submit to the

17 Congress the system described in subparagraph (B) not

18 later than 180 days after the date of the enactment of the

19 Federal Courts Improvement Act of 1996.’’.

20 (b) EFFECTIVE DATE.—The amendments made by this

21 section apply to complaints filed on or after the 180th day

22 after the date of the enactment of this Act.
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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 ‘‘$120’’

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

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

8 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 in

13 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, United

21 States Code, is amended by redesignating paragraph (5) as

22 paragraph (6) and inserting after paragraph (4) the follow23 ing new paragraph:

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

25 United States Courts finds it necessary to develop and ad-
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1 minister criterion-referenced performance examinations for

2 purposes of certification of interpreters, or other examina3 tions for the selection of otherwise qualified interpreters, the

4 Director may prescribe for each examination a uniform fee

5 for applicants to take such examination. In determining the

6 rate of the fee for each examination, the Director shall con7 sider the fees charged by other organizations for examina8 tions that are similar in scope or nature. Notwithstanding

9 section 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 (6)

14 of this subsection, all fees collected after the effective date

15 of this paragraph and not retained by a contractor shall

16 be deposited in the fund established under section 1931 of

17 this title and shall remain available until expended.’’.

18 (b) PAYMENT FOR CONTRACTUAL SERVICES.—Not19 withstanding sections 3302(b), 1341, and 1517 of title 31,

20 United States Code, the Director of the Administrative Of21 fice of the United States Courts may include in any con22 tract for the development or administration of examina23 tions for interpreters (including such a contract entered

24 into before the date of the enactment of this Act) a provision

25 which permits the contractor to collect and retain fees in
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1 payment for contractual services in accordance with section

2 1827(g)(5) of title 28, United States Code.

3 SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION.

4 (a) IN GENERAL.—(1) Chapter 123 of title 28, United

5 States Code, is amended by adding after section 1932 the

6 following new section:

7 ‘‘§ 1933. Judicial Panel on Multidistrict Litigation

8 ‘‘The Judicial Conference of the United States shall

9 prescribe from time to time the fees and costs to be charged

10 and collected by the Judicial Panel on Multidistrict Litiga11 tion.’’.

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

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

14 relating to section 1931 the following:

‘‘1933. Judicial Panel on Multidistrict Litigation.’’.

15 (b) RELATED FEES FOR ACCESS TO INFORMATION.—

16 Section 303(a) of the Judiciary Appropriations Act, 1992

17 (Public Law 102–140; 105 Stat. 810; 28 U.S.C. 1913 note)

18 is amended in the first sentence by striking out ‘‘1926, and

19 1930’’ and inserting in lieu thereof ‘‘1926, 1930, and 1932’’.

20 SEC. 404. DISPOSITION OF FEES.

21 (a) DISPOSITION OF ATTORNEY ADMISSION FEES.—

22 For each fee collected for admission of an attorney to prac23 tice, as prescribed by the Judicial Conference of the United

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

25 Code, $30 of that portion of the fee exceeding $20 shall be
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1 deposited into the special fund of the Treasury established

2 under section 1931 of title 28, United States Code. Any por3 tion exceeding $5 of the fee for a duplicate certificate of

4 admission or certificate of good standing, as prescribed by

5 the Judicial Conference of the United States pursuant to

6 section 1914 of title 28, United States Code, shall be depos7 ited into the special fund of the Treasury established under

8 section 1931 of title 28, United States Code.

9 (b) DISPOSITION OF BANKRUPTCY COMPLAINT FILING

10 FEES.—For each fee collected for filing an adversary com11 plaint in a bankruptcy proceeding, as established in Item

12 6 of the Bankruptcy Court Miscellaneous Fee Schedule pre13 scribed by the Judicial Conference of the United States pur14 suant to section 1930(b) of title 28, United States Code,

15 the portion of the fee exceeding $120 shall be deposited into

16 the special fund of the Treasury established under section

17 1931 of title 28, United States Code.

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

19 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 service

12 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 youngest

19 judge in regular active service who is 65 years of age or

20 over and who has served as a judge of the court for 1 year

21 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, the

25 judge of the court in regular active service who is senior
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1 in commission and who has not served previously as chief

2 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 for

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

6 term until another judge is eligible under paragraph (1)

7 to serve as chief judge.

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

9 judge of the court acting as chief judge under subparagraph

10 (A) or (B) of paragraph (2) shall serve until a judge meets

11 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 unless

14 no other judge is qualified to serve as chief judge under

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

16 paragraph (2).

17 ‘‘(b) The chief judge shall have precedence and preside

18 at any session of the court which such judge attends. Other

19 judges of the court shall have precedence and preside accord20 ing to the seniority of their commissions. Judges whose com21 missions bear the same date shall have precedence according

22 to seniority in age.

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

24 as chief judge while retaining active status as a judge of

25 the court, the chief judge may so certify to the Chief Justice
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1 of the United States, and thereafter the chief judge of the

2 court shall be such other judge of the court who is qualified

3 to serve or act as chief judge under subsection (a).

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

5 the duties as chief judge, such duties shall be performed by

6 the judge of the court in active service, able and qualified

7 to act, who is next in precedence.’’.

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

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

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

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

12 (2) in section 253—

13 (A) by amending the section heading to

14 read as follows:

15 ‘‘§ 253. Duties of chief judge’’;

16 and

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

18 and

19 (3) in the table of sections for chapter 11 of title

20 28, United States Code—

21 (A) by amending the item relating to sec22 tion 253 to read as follows:

‘‘253. Duties of chief judge.’’;

23 and
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1 (B) by adding at the end thereof the follow2 ing:

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

3 (c) APPLICATION.—(1) Notwithstanding the provisions

4 of section 258(a) of title 28, United States Code (as added

5 by subsection (a) of this section), the chief judge of the Unit6 ed States Court of International Trade who is in office on

7 the day before the date of enactment of this Act shall con8 tinue to be such chief judge on or after such date until any

9 one of the following events occurs:

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

11 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—PLACES OF HOLDING

2 COURT

3 SEC. 601. PLACE OF HOLDING COURT IN THE SOUTHERN

4 DISTRICT OF NEW YORK.

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

6 States Code, is amended to read as follows:

7 ‘‘Court for the Southern District shall be held at New

8 York, White Plains, and in the Middletown-Wallkill

9 area of Orange County or such nearby location as

10 may be deemed appropriate.’’.

11 SEC. 602. PLACE OF HOLDING COURT IN THE EASTERN DIS12 TRICT OF TEXAS.

13 (a) The second sentence of section 124(c)(3) of title 28,

14 United States Code, is amended by inserting ‘‘and Plano’’

15 after ‘‘held at Sherman’’.

16 (b) Sections 83(b)(1) and 124(c)(6) of title 28, United

17 States Code, are each amended in the last sentence by in18 serting before the period the following: ‘‘, and may be held

19 anywhere within the Federal courthouse in Texarkana that

20 is located astride the State line between Texas and Arkan21 sas’’.
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1 TITLE VII—MISCELLANEOUS

2 SEC. 701. 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 judicial

10 circuit shall be chosen by the circuit and district judges of

11 the circuit and shall serve as a member of the Judicial Con12 ference of the United States for a term of not less than 3

13 successive years nor more than 5 successive years, as estab14 lished by majority vote of all circuit and district judges of

15 the circuit. A district judge serving as a member of the Ju16 dicial Conference may be either a judge in regular active

17 service or a judge retired from regular active service under

18 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, one

24 bankruptcy judge, and one magistrate judge, elected

25 by vote of the members of the Judicial Conference of
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1 the United States, except that any circuit or district

2 judge so elected may be either a judge in regular ac3 tive service or a judge retired from regular active

4 service under section 371(b) of this title but shall not

5 be a member of the Judicial Conference of the United

6 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. 702. 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 amended

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

16 and Deputy Director shall be deemed to be officers for pur17 poses of title 5, United States Code.’’.

18 SEC. 703. REMOVAL OF ACTION FROM STATE COURT.

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

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

21 thereof ‘‘defendant or defendants’’.

22 SEC. 704. 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 84

4 (relating to the Federal Employees’ Retirement Sys5 tem),’’ after ‘‘(relating to civil service retirement),’’.

6 SEC. 705. ABOLITION OF THE SPECIAL COURT, REGIONAL

7 RAIL REORGANIZATION ACT OF 1973.

8 (a) ABOLITION OF THE SPECIAL COURT.—Section 209

9 of the Regional Rail Reorganization Act of 1973 (45 U.S.C.

10 719) is amended in subsection (b)—

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

12 after’’; and

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

14 new paragraph:

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

16 this subsection is abolished effective 90 days after the date

17 of the enactment of the Federal Courts Improvement Act

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

19 functions of the special court shall be assumed by the United

20 States District Court for the District of Columbia. With re21 spect to any proceedings that arise or continue after the

22 date on which the special court is abolished, the references

23 in the following provisions to the special court established

24 under this subsection shall be deemed to refer to the United

25 States District Court for the District of Columbia:
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1 ‘‘(A) Subsections (c), (e)(1), (e)(2), (f) and (g) of

2 this section.

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

4 (b)(2), 208(d)(2), 301 (e)(2), (g), (k)(3), (k)(15), 303

5 (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3),

6 (c)(4), (c)(5), 304 (a)(1)(B), (i)(3), 305 (c), (d)(1),

7 (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), (f)(1),

8 (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 306 (a), (b),

9 (c)(4), and 601 (b)(3), (c) of this Act (45 U.S.C. 712

10 (d)(3), (g), 717 (a)(1), (b)(1), (b)(2), 718(d)(2), 741

11 (e)(2), (g), (k)(3), (k)(15), 743 (a)(1), (a)(2), (b)(1),

12 (b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), 744

13 (a)(1)(B), (i)(3), 745 (c), (d)(1), (d)(2), (d)(3), (d)(4),

14 (d)(5), (d)(8), (e), (f)(1), (f)(2)(B), (f)(2)(D),

15 (f)(2)(E), (f)(3), 746 (a), (b), (c)(4), 791 (b)(3), (c)).

16 ‘‘(C) Sections 1152(a) and 1167(b) of the North17 east Rail Service Act of 1981 (45 U.S.C. 1105(a),

18 1115(a)).

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

20 (3)(C), (3)(E), (4)(A) and 4025(b) of the Conrail Pri21 vatization Act (45 U.S.C. 1323 (2)(A)(iii), (2)(B),

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

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

24 Code.
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1 ‘‘(F) Any other Federal law (other than this sub2 section and section 605 of the Federal Courts Im3 provement Act of 1996), Executive order, rule, regula4 tion, delegation of authority, or document of or relat5 ing to the special court as established under para6 graph (1) of this subsection.’’.

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

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

9 is amended by striking paragraph (3) and inserting in lieu

10 thereof the following:

11 ‘‘(3) An order or judgment of the United States Dis12 trict Court for the District of Columbia in any action re13 ferred to in this section shall be reviewable in accordance

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

15 States Code.’’.

16 (2) Section 303 of the Regional Rail Reorganization

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

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

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

20 United States District Court for the District of Columbia

21 pursuant to subsection (c) of this section or section 306 shall

22 be reviewable in accordance with sections 1291, 1292, and

23 1294 of title 28, United States Code.’’.
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1 (3) Section 1152 of the Northeast Rail Service Act of

2 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.—(1)

10 Section 209 of the Regional Rail Reorganization Act of

11 1973 (45 U.S.C. 719) is amended—

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

13 of 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 Reorganiza17 tion Act of 1973 (45 U.S.C. 745(d)) is amended by striking

18 out ‘‘a judge of the United States district court with respect

19 to such proceedings and such powers shall include those of’’.

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

21 Act of 1981 (45 U.S.C. 1104(8)) is amended to read as fol22 lows:

23 ‘‘(8) ‘Special court’ means the judicial panel es24 tablished under section 209(b)(1) of the Regional Rail

25 Reorganization Act of 1973 (45 U.S.C. 719(b)(1)) or,
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1 with respect to any proceedings that arise or continue

2 after the panel is abolished pursuant to section

3 209(b)(2) of such Act, the United States District

4 Court for the District of Columbia.’’.

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

6 1981 (45 U.S.C. 1105) is further amended by striking out

7 subsection (d).

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

9 of the enactment of this Act, any case pending in the special

10 court established under section 209(b) of the Regional Rail

11 Reorganization Act of 1973 (45 U.S.C. 719(b)) shall be as12 signed to the United States District Court for the District

13 of Columbia as though the case had originally been filed

14 in that court. The amendments made by subsection (b) of

15 this section shall not apply to any final order or judgment

16 entered by the special court for which—

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

18 before the date on which the special court is abolished;

19 or

20 (2) the time for filing a petition for writ of cer21 tiorari has not expired before that date.

22 (e) EFFECTIVE DATE.—The amendments made by sub23 sections (b) and (c) of this section shall take effect 90 days

24 after the date of the enactment of this Act and, except as

25 provided in subsection (d), shall apply with respect to pro-
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1 ceedings that arise or continue on or after such effective

2 date.

3 SEC. 706. EXCEPTION OF RESIDENCY REQUIREMENT FOR

4 DISTRICT JUDGES APPOINTED TO THE

5 SOUTHERN DISTRICT AND EASTERN DIS6 TRICT OF NEW YORK.

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

8 amended—

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

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

11 ‘‘the District of Columbia,’’;

12 (2) by inserting ‘‘or she’’ after ‘‘he’’; and

13 (3) by inserting at the end the following: ‘‘Each

14 district judge of the Southern District of New York

15 and the Eastern District of New York may reside

16 within 20 miles of the district for which he or she is

17 appointed.’’.

18 SEC. 707. CIVIL JUSTICE EXPENSE AND DELAY REDUCTION

19 PLANS.

20 (a) AUTHORIZATION OF ARBITRATION.—Section

21 473(a)(6)(B) of title 28, United States Code, is amended

22 by inserting ‘‘arbitration,’’ before ‘‘mediation’’.

23 (b) REPORT ON DEMONSTRATION PROGRAM.—Section

24 104(d) of the Civil Justice Reform Act of 1990 (28 U.S.C.
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1 471 note) is amended by striking out ‘‘December 31, 1996,’’

2 and inserting in lieu thereof ‘‘June 30, 1997,’’.

3 (c) REPORT ON PILOT PROGRAM.—Section 105(c)(1)

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

5 is amended by striking out ‘‘December 31, 1996,’’ and in6 serting in lieu thereof ‘‘June 30, 1997,’’.

7 SEC. 708. VENUE FOR TERRITORIAL COURTS.

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

9 United States Code, is amended to read as follows:

10 ‘‘(d) As used in this section, the term ‘district court’

11 includes the District Court of Guam, the District Court for

12 the Northern Mariana Islands, and the District Court of

13 the Virgin Islands, and the term ‘district’ includes the terri14 torial jurisdiction of each such court.’’.

15 (b) CURE OR WAIVER OF DEFECTS.—Section 1406(c)

16 of title 28, United States Code, is amended to read as fol17 lows:

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

19 includes the District Court of Guam, the District Court for

20 the Northern Mariana Islands, and the District Court of

21 the Virgin Islands, and the term ‘district’ includes the terri22 torial jurisdiction of each such court.’’.

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

24 section apply to cases pending on the date of the enactment

25 of this Act and to cases commenced on or after such date.