I

104TH CONGRESS

2D SESSION H. R. 4314

To make improvements in the operation and administration of the Federal

courts, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Mr. MOORHEAD (for himself and Mr. HYDE) introduced the following bill;

which was referred to the Committee on the Judiciary

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’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

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.
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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.

Sec. 208. Diversity jurisdiction.

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. Senior judge certification.

Sec. 309. Prohibition against awards of costs, including attorney’s 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—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 district court of Utah.

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.
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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 Direc16 tor of the Administrative Office of the United States

17 Courts may prescribe; and’’.

18 (b) PRETRIAL SERVICES OFFICERS.—Section 3154

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

20 (1) by redesignating paragraph (13) as para21 graph (14); and

22 (2) by inserting after paragraph (12) the fol23 lowing new paragraph:
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1 ‘‘(13) If approved by the court, be authorized to

2 carry firearms under such regulations as the Direc3 tor of the Administrative Office of the United States

4 Courts may prescribe.’’.

5 TITLE II—JUDICIAL PROCESS

6 IMPROVEMENTS

7 SEC. 201. DUTIES OF MAGISTRATE JUDGE ON EMERGENCY

8 ASSIGNMENT.

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

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

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

12 SEC. 202. REGISTRATION OF JUDGMENTS FOR ENFORCE13 MENT IN OTHER DISTRICTS.

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

15 States Code, is amended—

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

17 follows:

18 ‘‘§ 1963. Registration of judgments for enforcement in

19 other districts’’;

20 (2) in the first sentence—

21 (A) by striking out ‘‘district court’’ and in22 serting in lieu thereof ‘‘court of appeals, district

23 court, or bankruptcy court’’; and
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1 (B) by striking out ‘‘such judgment’’ and

2 all that follows through ‘‘Trade,’’ and inserting

3 in lieu thereof ‘‘the judgment’’; and

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

5 new undesignated paragraph:

6 ‘‘The procedure prescribed under this section is in ad7 dition to other procedures provided by law for the enforce8 ment of judgments.’’.

9 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

12 as follows:

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

13 SEC. 203. VACANCY IN CLERK POSITION; ABSENCE OF

14 CLERK.

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

16 States Code, is amended to read as follows:

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

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

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

20 last person who held that office. When the clerk is inca21 pacitated, absent, or otherwise unavailable to perform offi22 cial duties, the deputy clerks shall perform the duties of

23 the clerk in the name of the clerk. The court may des24 ignate a deputy clerk to act temporarily as clerk of the

25 court in his or her own name.’’.
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1 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

4 as follows:

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

5 SEC. 204. REMOVAL OF CASES AGAINST THE UNITED

6 STATES AND FEDERAL OFFICERS OR AGEN7 CIES.

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

9 States Code, is amended—

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

11 agencies’’ after ‘‘officers’’; and

12 (2) in subsection (a)—

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

14 by striking out ‘‘persons’’; and

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

16 officer of the United States or any agency

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

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

19 thereof ‘‘The United States or any agency

20 thereof or any officer (or any person acting

21 under that officer) of the United States or of

22 any agency thereof, sued in an official or indi23 vidual capacity for any act under color of such

24 office’’.
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1 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

3 States Code, is amended by amending the item relating

4 to section 1442 to read as follows:

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

5 SEC. 205. APPEAL ROUTE IN CIVIL CASES DECIDED BY

6 MAGISTRATE JUDGES WITH CONSENT.

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

8 amended—

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

14 (5); 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

23 amended by adding at the end thereof the following new

24 subsection:
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1 ‘‘(g) No later than January 31 of each year, each

2 judicial council shall submit a report to the Administrative

3 Office of the United States Courts on the number and na4 ture of orders entered under this section during the pre5 ceding calendar year that relate to judicial misconduct or

6 disability.’’.

7 SEC. 207. CONSENT TO TRIAL IN CERTAIN CRIMINAL AC8 TIONS.

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

10 3401(b) of title 18, United States Code, is amended—

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

12 than a petty offense that is a class B misdemeanor

13 charging a motor vehicle offense, a class C mis14 demeanor, or an infraction,’’ after ‘‘misdemeanor’’;

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

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

17 (C) by striking out the third sentence and in18 serting in lieu thereof the following: ‘‘The magistrate

19 judge may not proceed to try the case unless the de20 fendant, after such explanation, expressly consents

21 to be tried before the magistrate judge and expressly

22 and specifically waives trial, judgment, and sentenc23 ing by a district judge. Any such consent and waiver

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

25 and
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1 (D) by striking out ‘‘judge of the district court’’

2 each place it appears and inserting in lieu thereof

3 ‘‘district judge’’.

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

5 is amended by striking out the first sentence and inserting

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

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

8 B misdemeanor charging a motor vehicle offense, a class

9 C misdemeanor, or an infraction, exercise all powers

10 granted to the district court under chapter 403 of this

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

12 C misdemeanor case involving a juvenile in which consent

13 to trial before a magistrate judge has been filed under sub14 section (b), exercise all powers granted to the district

15 court under chapter 403 of this title.’’.

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

17 title 28, United States Code, is amended—

18 (1) by striking out ‘‘, and’’ at the end of para19 graph (3) and inserting in lieu thereof a semicolon;

20 and

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

22 the following:

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

24 offense that is a class B misdemeanor charging a
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1 motor vehicle offense, a class C misdemeanor, or an

2 infraction; and

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

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

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

6 parties have consented.’’.

7 SEC. 208. 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 amendments made by

15 this section shall take effect 90 days after the date of the

16 enactment of this Act.

17 TITLE III—JUDICIARY PERSON18 NEL ADMINISTRATION, BENE19 FITS, AND PROTECTIONS

20 SEC. 301. REFUND OF CONTRIBUTION FOR DECEASED DE21 FERRED ANNUITANT UNDER THE JUDICIAL

22 SURVIVORS’ ANNUITIES SYSTEM.

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

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

25 salary’,’’ and inserting in lieu thereof ‘‘while receiving re-
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1 tirement salary, or after filing an election and otherwise

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

3 this section,’’.

4 SEC. 302. BANKRUPTCY JUDGES REAPPOINTMENT PROCE5 DURE.

6 Section 120 of the Bankruptcy Amendments and

7 Federal Judgeship Act of 1984 (Public Law 98–353; 28

8 U.S.C. 152 note), is amended—

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

10 thereof the following new paragraph:

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

12 consider reappointing incumbent bankruptcy judges under

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

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

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

18 such a reappointment, pursuant to a majority vote

19 of the judges of the appointing court of appeals,

20 under procedures authorized under subsection

21 (a)(3).’’.
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1 SEC. 303. TECHNICAL CORRECTION RELATED TO COM2 MENCEMENT DATE OF TEMPORARY JUDGE3 SHIPS.

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

5 1990 (Public Law 101–650; 104 Stat. 5101; 28 U.S.C.

6 133 note) is amended by adding at the end thereof the

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

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

9 of those judgeships filled shall be the judgeship created

10 under this subsection.’’.

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

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

13 amended by inserting after the first sentence the follow14 ing: ‘‘For the purposes of subchapter III of chapter 83

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

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

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

18 rate fixed for a full-time reporter under the preceding sen19 tence.’’.

20 SEC. 305. COURT INTERPRETERS.

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

22 amended by adding at the end thereof the following new

23 subsection:

24 ‘‘(l) Notwithstanding any other provision of this sec25 tion or section 1828, the presiding judicial officer may ap26 point a certified or otherwise qualified sign language inter-
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1 preter to provide services to a party, witness, or other par2 ticipant in a judicial proceeding, whether or not the pro3 ceeding is instituted by the United States, if the presiding

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

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

6 proceeding, that such individual suffers from a hearing

7 impairment. The presiding judicial officer shall, subject to

8 the availability of appropriated funds, approve the com9 pensation and expenses payable to sign language inter10 preters appointed under this subsection in accordance with

11 the schedule of fees prescribed by the Director under sub12 section (b)(3) of this section.’’.

13 SEC. 306. TECHNICAL AMENDMENT RELATED TO COM14 MENCEMENT DATE OF TEMPORARY BANK15 RUPTCY JUDGESHIPS.

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

17 1992 (Public Law 102–361; 106 Stat. 965; 28 U.S.C. 152

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

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

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

21 temporary judgeship position’’.
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1 SEC. 307. 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.’’.

24 SEC. 308. SENIOR JUDGE CERTIFICATION.

25 (a) RETROACTIVE CREDIT FOR RESUMPTION OF SIG26 NIFICANT WORKLOAD.—Section 371(f)(3) of title 28,
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1 United States Code, is amended by striking out ‘‘is there2 after ineligible to receive such a certification.’’ and insert3 ing in lieu thereof ‘‘may thereafter receive a certification

4 for that year by satisfying the requirements of subpara5 graph (A), (B), (C), or (D) of paragraph (1) of this sub6 section in a subsequent year and attributing a sufficient

7 part of the work performed in such subsequent year to

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

9 to the work performed during such earlier year, satisfies

10 the requirements for certification for that earlier year.

11 Notwithstanding the preceding sentence, a justice or judge

12 may not receive credit for the same work for purposes of

13 certification for more than 1 year.’’.

14 (b) AGGREGATION OF CERTAIN WORK FOR PARTIAL

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

16 Code, is amended by adding at the end thereof the follow17 ing: ‘‘In any year in which a justice or judge performs

18 work described under this subparagraph for less than the

19 full year, one-half of such work may be aggregated with

20 work described under subparagraph (A), (B), or (C) of

21 this paragraph for the purpose of the justice or judge sat22 isfying the requirements of such subparagraph.’’.
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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 of the

12 United States (42 U.S.C. 1988(b)) is amended by insert13 ing before the period at the end thereof the following: ‘‘,

14 except that in any action brought against a judicial officer

15 for an act or omission taken in such officer’s judicial ca16 pacity, such officer shall not be held liable for any costs,

17 including attorney’s fees, unless such action was clearly

18 in excess of such officer’s jurisdiction’’.

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

20 Section 1979 of the Revised Statutes of the United States

21 (42 U.S.C. 1983) is amended by inserting before the pe22 riod at the end of the first sentence the following: ‘‘, except

23 that in any action brought against a judicial officer for

24 an act or omission taken in such officer’s judicial capacity,

25 injunctive relief shall not be granted unless a declaratory

26 decree was violated or declaratory 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,

21 United States Code, is amended by redesignating para22 graph (5) as paragraph (6) and inserting after paragraph

23 (4) 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 of interpreters, or other ex3 aminations for the selection of otherwise qualified inter4 preters, the Director may prescribe for each examination

5 a uniform fee for applicants to take such examination. In

6 determining the rate of the fee for each examination, the

7 Director shall consider the fees charged by other organiza8 tions for examinations that are similar in scope or nature.

9 Notwithstanding section 3302(b) of title 31, the Director

10 is authorized to provide in any contract or agreement for

11 the development or administration of examinations and

12 the collection of fees that the contractor may retain all

13 or a portion of the fees in payment for the services. Not14 withstanding paragraph (6) of this subsection, all fees col15 lected after the effective date of this paragraph and not

16 retained by a contractor shall be deposited in the fund

17 established under section 1931 of this title and shall re18 main available until expended.’’.

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,

6 United States Code, is amended by adding after section

7 1932 the following new section:

8 ‘‘§ 1933. 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:

‘‘1933. 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 chief judge, such duties shall be performed

7 by the judge of the court in active service, able and quali8 fied to 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—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

8 New York, White Plains, and in the Middletown9 Wallkill area of Orange County or such nearby loca10 tion as may be deemed appropriate.’’.

11 SEC. 602. PLACE OF HOLDING COURT IN THE DISTRICT

12 COURT OF UTAH.

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

14 28, United States Code, is amended by inserting ‘‘Salt

15 Lake City and’’ before ‘‘Ogden’’.

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

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

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

19 TITLE VII—MISCELLANEOUS

20 SEC. 701. PARTICIPATION IN JUDICIAL GOVERNANCE AC21 TIVITIES BY DISTRICT, SENIOR, AND MAG22 ISTRATE JUDGES.

23 (a) JUDICIAL CONFERENCE OF THE UNITED

24 STATES.—Section 331 of title 28, United States Code, is
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1 amended by striking out the second undesignated para2 graph and inserting in lieu thereof the following:

3 ‘‘The district judge to be summoned from each judi4 cial circuit shall be chosen by the circuit and district

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

6 Judicial Conference of the United States for a term of

7 not less than 3 successive years nor more than 5 succes8 sive years, as established by majority vote of all circuit

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

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

11 judge in regular active service or a judge retired from reg12 ular active service under section 371(b) of this title.’’.

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

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

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

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

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

18 one bankruptcy judge, and one magistrate judge,

19 elected by vote of the members of the Judicial Con20 ference of the United States, except that any circuit

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

22 regular active service or a judge retired from regular

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

24 shall not be a member of the Judicial Conference of

25 the United States; and’’; and
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1 (2) in subsection (b) by striking out ‘‘retire2 ment,’’ and inserting in lieu thereof ‘‘retirement pur3 suant to section 371(a) or section 372(a) of this

4 title,’’.

5 SEC. 702. THE DIRECTOR AND DEPUTY DIRECTOR OF THE

6 ADMINISTRATIVE OFFICE AS OFFICERS OF

7 THE UNITED STATES.

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

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

10 Director and Deputy Director shall be deemed to be offi11 cers for purposes of title 5, United States Code.’’.

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

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

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

15 lieu thereof ‘‘defendant or defendants’’.

16 SEC. 704. FEDERAL JUDICIAL CENTER EMPLOYEE RETIRE17 MENT PROVISIONS.

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

19 amended—

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

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

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

23 84 (relating to the Federal Employees’ Retirement

24 System),’’ after ‘‘(relating to civil service retire25 ment),’’.
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1 SEC. 705. ABOLITION OF THE SPECIAL COURT, REGIONAL

2 RAIL REORGANIZATION ACT OF 1973.

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

4 209 of the Regional Rail Reorganization Act of 1973 (45

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

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

7 after’’; and

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

9 new paragraph:

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

11 of this subsection is abolished effective 90 days after the

12 date of the enactment of the Federal Courts Improvement

13 Act of 1996. On such effective date, all jurisdiction and

14 other functions of the special court shall be assumed by

15 the United States District Court for the District of Colum16 bia. With respect to any proceedings that arise or continue

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

18 references in the following provisions to the special court

19 established under this subsection shall be deemed to refer

20 to the United States District Court for the District of Co21 lumbia:

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

23 of this section.

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

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

26 303(a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2),
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1 (c)(3), (c)(4), (c)(5), 304(a)(1)(B), (i)(3), 305(c),

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

3 (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 306(a),

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

5 712(d)(3), (g), 717(a)(1), (b)(1), (b)(2), 718(d)(2),

6 741(e)(2), (g), (k)(3), (k)(15), 743(a)(1), (a)(2),

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

8 744(a)(1)(B), (i)(3), 745(c), (d)(1), (d)(2), (d)(3),

9 (d)(4), (d)(5), (d)(8), (e), (f)(1), (f)(2)(B),

10 (f)(2)(D), (f)(2)(E), (f)(3), 746(a), (b), (c)(4),

11 791(b)(3), (c)).

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

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

14 1105(a), 1115(a)).

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

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

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

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

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

20 States Code.

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

22 subsection and section 605 of the Federal Courts

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

24 regulation, delegation of authority, or document of
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1 or relating to the special court as established under

2 paragraph (1) of this subsection.’’.

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

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

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

6 thereof the following:

7 ‘‘(3) An order or judgment of the United States Dis8 trict Court for the District of Columbia in any action re9 ferred to in this section shall be reviewable in accordance

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

11 States Code.’’.

12 (2) Section 303 of the Regional Rail Reorganization

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

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

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

16 United States District Court for the District of Columbia

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

18 shall be reviewable in accordance with sections 1291,

19 1292, and 1294 of title 28, United States Code.’’.

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

21 of 1981 (45 U.S.C. 1105) is amended by striking out sub22 section (b) and inserting in lieu thereof the following:

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

24 States District Court for the District of Columbia in any

25 action referred to in this section shall be reviewable in ac-
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1 cordance with sections 1291, 1292, and 1294 of title 28,

2 United States Code.’’.

3 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

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

5 of 1973 (45 U.S.C. 719) is amended—

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

7 of Appeals for the District of Columbia Circuit’’

8 after ‘‘Supreme Court’’; and

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

10 (2) Section 305(d)(4) of the Regional Rail Reorga11 nization Act of 1973 (45 U.S.C. 745(d)) is amended by

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

13 with respect to such proceedings and such powers shall

14 include those of’’.

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

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

17 follows:

18 ‘‘(8) ‘Special court’ means the judicial panel es19 tablished under section 209(b)(1) of the Regional

20 Rail Reorganization Act of 1973 (45 U.S.C.

21 719(b)(1)) or, with respect to any proceedings that

22 arise or continue after the panel is abolished pursu23 ant to section 209(b)(2) of such Act, the United

24 States District Court for the District of Columbia.’’.
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1 (4) Section 1152 of the Northeast Rail Service Act

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

3 out subsection (d).

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

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

6 the special court established under section 209(b) of the

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

8 719(b)) shall be assigned to the United States District

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

10 originally been filed in that court. The amendments made

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

12 final order or judgment entered by the special court for

13 which—

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

15 filed before the date on which the special court is

16 abolished; or

17 (2) the time for filing a petition for writ of cer18 tiorari has not expired before that date.

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

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

21 days after the date of the enactment of this Act and, ex22 cept as provided in subsection (d), shall apply with respect

23 to proceedings that arise or continue on or after such ef24 fective date.
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1 SEC. 706. EXCEPTION OF RESIDENCY REQUIREMENT FOR

2 DISTRICT JUDGES APPOINTED TO THE

3 SOUTHERN DISTRICT AND EASTERN DIS4 TRICT OF NEW YORK.

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

6 amended—

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

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

9 ‘‘the District of Columbia,’’;

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

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

12 district judge of the Southern District of New York

13 and the Eastern District of New York may reside

14 within 20 miles of the district for which he or she

15 is appointed.’’.

16 SEC. 707. CIVIL JUSTICE EXPENSE AND DELAY REDUCTION

17 PLANS.

18 (a) AUTHORIZATION OF ARBITRATION.—Section

19 473(a)(6)(B) of title 28, United States Code, is amended

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

21 (b) REPORT ON DEMONSTRATION PROGRAM.—Sec22 tion 104(d) of the Civil Justice Reform Act of 1990 (28

23 U.S.C. 471 note) is amended by striking out ‘‘December

24 31, 1996,’’ and inserting in lieu thereof ‘‘June 30, 1997,’’.

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

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

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

3 SEC. 708. VENUE FOR TERRITORIAL COURTS.

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

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

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

7 includes the District Court of Guam, the District Court

8 for the Northern Mariana Islands, and the District Court

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

10 territorial jurisdiction of each such court.’’.

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

12 1406(c) of title 28, United States Code, is amended to

13 read as follows:

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

15 includes the District Court of Guam, the District Court

16 for the Northern Mariana Islands, and the District Court

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

18 territorial jurisdiction of each such court.’’.

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

20 section apply to cases pending on the date of the enact21 ment of this Act and to cases commenced on or after such

22 date.

Æ