II

104TH CONGRESS

2D SESSION H. R. 3968

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 18, 1996

Received

AN ACT

To make improvements in the operation and administration

of the Federal courts, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—CRIMINAL LAW AND CRIMINAL JUSTICE AMENDMENTS

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

TITLE II—JUDICIAL PROCESS IMPROVEMENTS

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

Sec. 202. 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.

TITLE VII—MISCELLANEOUS
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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 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—
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1 (1) by redesignating paragraph (13) as para2 graph (14); and

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

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

6 carry firearms under such regulations as the Direc7 tor 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

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

6 in 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.—

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

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

15 as follows:

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

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

17 CLERK.

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

19 States Code, is amended to read as follows:

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

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

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

23 last person who held that office. When the clerk is inca24 pacitated, absent, or otherwise unavailable to perform offi25 cial duties, the deputy clerks shall perform the duties of
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1 the clerk in the name of the clerk. The court may des2 ignate a deputy clerk to act temporarily as clerk of the

3 court in his or her own name.’’.

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

7 as follows:

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

8 SEC. 204. REMOVAL OF CASES AGAINST THE UNITED

9 STATES AND FEDERAL OFFICERS OR AGEN10 CIES.

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

12 States Code, is amended—

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

14 agencies’’ after ‘‘officers’’; and

15 (2) in subsection (a)—

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

17 by striking out ‘‘persons’’; and

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

19 officer of the United States or any agency

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

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

22 thereof ‘‘The United States or any agency

23 thereof or any officer (or any person acting

24 under that officer) of the United States or of

25 any agency thereof, sued in an official or indi-
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1 vidual capacity for any act under color of such

2 office’’.

3 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

5 States Code, is amended by amending the item relating

6 to section 1442 to read as follows:

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

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

8 MAGISTRATE JUDGES WITH CONSENT.

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

10 amended—

11 (1) in subsection (c)—

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

13 this circumstance, the’’ and inserting in lieu

14 thereof ‘‘The’’;

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

16 (5); and

17 (C) by redesignating paragraphs (6) and

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

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

20 the taking and hearing of appeals to the district

21 courts,’’.
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1 SEC. 206. REPORTS BY JUDICIAL COUNCILS RELATING TO

2 MISCONDUCT AND DISABILITY ORDERS.

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

4 amended by adding at the end thereof the following new

5 subsection:

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

7 judicial council shall submit a report to the Administrative

8 Office of the United States Courts on the number and na9 ture of orders entered under this section during the pre10 ceding calendar year that relate to judicial misconduct or

11 disability.’’.

12 SEC. 207. CONSENT TO TRIAL IN CERTAIN CRIMINAL AC13 TIONS.

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

15 3401(b) of title 18, United States Code, is amended—

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

17 than a petty offense that is a class B misdemeanor

18 charging a motor vehicle offense, a class C mis19 demeanor, or an infraction,’’ after ‘‘misdemeanor’’;

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

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

22 (C) by striking out the third sentence and in23 serting in lieu thereof the following: ‘‘The magistrate

24 judge may not proceed to try the case unless the de25 fendant, after such explanation, expressly consents

26 to be tried before the magistrate judge and expressly
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1 and specifically waives trial, judgment, and sentenc2 ing by a district judge. Any such consent and waiver

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

4 and

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

6 each place it appears and inserting in lieu thereof

7 ‘‘district judge’’.

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

9 is amended by striking out the first sentence and inserting

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

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

12 B misdemeanor charging a motor vehicle offense, a class

13 C misdemeanor, or an infraction, exercise all powers

14 granted to the district court under chapter 403 of this

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

16 C misdemeanor case involving a juvenile in which consent

17 to trial before a magistrate judge has been filed under sub18 section (b), exercise all powers granted to the district

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

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

21 title 28, United States Code, is amended—

22 (1) by striking out ‘‘, and’’ at the end of para23 graph (3) and inserting in lieu thereof a semicolon;

24 and
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1 (2) by striking out paragraph (4) and inserting

2 the following:

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

4 offense that is a class B misdemeanor charging a

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

6 infraction; and

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

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

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

10 parties have consented.’’.

11 TITLE III—JUDICIARY PERSON12 NEL ADMINISTRATION, BENE13 FITS, AND PROTECTIONS

14 SEC. 301. REFUND OF CONTRIBUTION FOR DECEASED DE15 FERRED ANNUITANT UNDER THE JUDICIAL

16 SURVIVORS’ ANNUITIES SYSTEM.

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

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

19 salary’,’’ and inserting in lieu thereof ‘‘while receiving re20 tirement salary, or after filing an election and otherwise

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

22 this section,’’.
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1 SEC. 302. BANKRUPTCY JUDGES REAPPOINTMENT PROCE2 DURE.

3 Section 120 of the Bankruptcy Amendments and

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

5 U.S.C. 152 note), is amended—

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

7 thereof the following new paragraph:

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

9 consider reappointing incumbent bankruptcy judges under

10 procedures prescribed by regulations issued by the Judi11 cial Conference of the United States.’’; and

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

13 thereof the following: ‘‘All incumbent nominees seek14 ing reappointment thereafter may be considered for

15 such a reappointment, pursuant to a majority vote

16 of the judges of the appointing court of appeals,

17 under procedures authorized under subsection

18 (a)(3).’’.

19 SEC. 303. TECHNICAL CORRECTION RELATED TO COM20 MENCEMENT DATE OF TEMPORARY JUDGE21 SHIPS.

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

23 1990 (Public Law 101–650; 104 Stat. 5101; 28 U.S.C.

24 133 note) is amended by adding at the end thereof the

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

26 which multiple judgeships are created by this Act, the last
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1 of those judgeships filled shall be the judgeship created

2 under this subsection.’’.

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

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

5 amended by inserting after the first sentence the follow6 ing: ‘‘For the purposes of subchapter III of chapter 83

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

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

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

10 rate fixed for a full-time reporter under the preceding sen11 tence.’’.

12 SEC. 305. COURT INTERPRETERS.

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

14 amended by adding at the end thereof the following new

15 subsection:

16 ‘‘(l) Notwithstanding any other provision of this sec17 tion or section 1828, the presiding judicial officer may ap18 point a certified or otherwise qualified sign language inter19 preter to provide services to a party, witness, or other par20 ticipant in a judicial proceeding, whether or not the pro21 ceeding is instituted by the United States, if the presiding

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

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

24 proceeding, that such individual suffers from a hearing

25 impairment. The presiding judicial officer shall, subject to
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1 the availability of appropriated funds, approve the com2 pensation and expenses payable to sign language inter3 preters appointed under this subsection in accordance with

4 the schedule of fees prescribed by the Director under sub5 section (b)(3) of this section.’’.

6 SEC. 306. TECHNICAL AMENDMENT RELATED TO COM7 MENCEMENT DATE OF TEMPORARY BANK8 RUPTCY JUDGESHIPS.

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

10 1992 (Public Law 102–361; 106 Stat. 965; 28 U.S.C. 152

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

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

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

14 temporary judgeship position’’.

15 SEC. 307. CONTRIBUTION RATE FOR SENIOR JUDGES

16 UNDER THE JUDICIAL SURVIVORS’ ANNU17 ITIES SYSTEM.

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

19 amended to read as follows:

20 ‘‘(b)(1) Every judicial official who files a written noti21 fication of his or her intention to come within the purview

22 of this section, in accordance with paragraph (1) of sub23 section (a) of this section, shall be deemed thereby to con24 sent and agree to having deducted and withheld from his

25 or her salary a sum equal to 2.2 percent of that salary,
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1 and a sum equal to 3.5 percent of his or her retirement

2 salary. The deduction from any retirement salary—

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

4 retired from regular active service under section

5 371(b) or section 372(a) of this title,

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

7 Federal Claims retired under section 178 of this

8 title, or

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

10 155(b), 373(c)(4), 375, or 636(h) of this title,

11 shall be an amount equal to 2.2 percent of retirement sal12 ary.’’.

13 SEC. 308. PROCEEDINGS ON COMPLAINTS AGAINST JUDI14 CIAL CONDUCT.

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

16 States Code, is amended—

17 (1) in paragraph (1)—

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

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

20 the case of a complaint so identified, the chief

21 judge shall notify the clerk of the court of ap22 peals of the complaint, together with a brief

23 statement of the facts underlying the complaint.

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

25 judicial circuit shall be referred to another judicial circuit
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1 for proceedings under this subsection, in accordance with

2 a system established by rule by the Judicial Conference,

3 which prescribes the circuits to which the complaints will

4 be referred. The Judicial Conference shall establish and

5 submit to the Congress the system described in the preced6 ing sentence not later than 180 days after the date of the

7 enactment of this subparagraph.’’;

8 (2) in paragraph (2)—

9 (A) by amending the first sentence to read

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

11 notice of a complaint identified under para12 graph (1) of this subsection, the clerk shall

13 promptly transmit such complaint or (in the

14 case of a complaint identified under paragraph

15 (1)) the statement of facts underlying the com16 plaint to the chief judge of the circuit assigned

17 to conduct proceedings on the complaint in ac18 cordance with the system established under

19 paragraph (1)(B) (hereafter in this subsection

20 referred to as the ‘chief judge’).’’; and

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

22 statement of facts underlying the complaint (as

23 the case may be)’’ after ‘‘copy of the com24 plaint’’;
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1 (3) in paragraph (4)(A) by inserting ‘‘(to which

2 the complaint or statement of facts underlying the

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

4 (4) in paragraph (5)—

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

6 which the complaint or statement of facts un7 derlying the complaint is referred’’ after ‘‘the

8 circuit’’; and

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

10 circuit’’ and inserting ‘‘that circuit’’;

11 (5) in the first sentence of paragraph (15) by

12 inserting before the period at the end the following:

13 ‘‘in which the complaint was filed or identified under

14 paragraph (1)’’; and

15 (6) by amending paragraph (18) to read as fol16 lows:

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

18 consistent with the preceding provisions of this sub19 section—

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

21 complaints with respect to the conduct of any judge

22 of the United States Court of Federal Claims, the

23 Court of International Trade, or the Court of Ap24 peals for the Federal Circuit, and for the investiga25 tion and resolution of such complaints; and
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1 ‘‘(B) establishing a system for referring com2 plaints filed with respect to the conduct of a judge

3 of any such court to any of the first eleven judicial

4 circuits or to another court for investigation and res5 olution.

6 The Judicial Conference shall establish and submit to the

7 Congress the system described in subparagraph (B) not

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

9 the Federal Courts Improvement Act of 1996.’’.

10 (b) EFFECTIVE DATE.—The amendments made by

11 this section apply to complaints filed on or after the 180th

12 day after the date of the enactment of this Act.

13 TITLE IV—JUDICIAL FINANCIAL

14 ADMINISTRATION

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

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

17 28, United States Code, is amended by striking out

18 ‘‘$120’’ and inserting in lieu thereof ‘‘$150’’.

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

20 title 28, United States Code, is amended—

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

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

23 (2) in subsection (b)—

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

25 in lieu thereof ‘‘$150’’; and
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1 (B) by striking out ‘‘$60’’ and inserting in

2 lieu thereof ‘‘$90’’.

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

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

5 SEC. 402. INTERPRETER PERFORMANCE EXAMINATION

6 FEES.

7 (a) IN GENERAL.—Section 1827(g) of title 28,

8 United States Code, is amended by redesignating para9 graph (5) as paragraph (6) and inserting after paragraph

10 (4) the following new paragraph:

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

12 the United States Courts finds it necessary to develop and

13 administer criterion-referenced performance examinations

14 for purposes of certification of interpreters, or other ex15 aminations for the selection of otherwise qualified inter16 preters, the Director may prescribe for each examination

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

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

19 Director shall consider the fees charged by other organiza20 tions for examinations that are similar in scope or nature.

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

22 is authorized to provide in any contract or agreement for

23 the development or administration of examinations and

24 the collection of fees that the contractor may retain all

25 or a portion of the fees in payment for the services. Not-
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1 withstanding paragraph (6) of this subsection, all fees col2 lected after the effective date of this paragraph and not

3 retained by a contractor shall be deposited in the fund

4 established under section 1931 of this title and shall re5 main available until expended.’’.

6 (b) PAYMENT FOR CONTRACTUAL SERVICES.—Not7 withstanding sections 3302(b), 1341, and 1517 of title 31,

8 United States Code, the Director of the Administrative Of9 fice of the United States Courts may include in any con10 tract for the development or administration of examina11 tions for interpreters (including such a contract entered

12 into before the date of the enactment of this Act) a provi13 sion which permits the contractor to collect and retain fees

14 in payment for contractual services in accordance with sec15 tion 1827(g)(5) of title 28, United States Code.

16 SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION.

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

18 United States Code, is amended by adding after section

19 1932 the following new section:

20 ‘‘§ 1933. Judicial Panel on Multidistrict Litigation

21 ‘‘The Judicial Conference of the United States shall

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

23 charged and collected by the Judicial Panel on Multidis24 trict Litigation.’’.
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1 (2) The table of sections for chapter 123 of title 28,

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

3 relating to section 1931 the following:

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

4 (b) RELATED FEES FOR ACCESS TO INFORMA5 TION.—Section 303(a) of the Judiciary Appropriations

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

7 1913 note) is amended in the first sentence by striking

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

9 1930, and 1932’’.

10 SEC. 404. DISPOSITION OF FEES.

11 (a) DISPOSITION OF ATTORNEY ADMISSION FEES.—

12 For each fee collected for admission of an attorney to

13 practice, as prescribed by the Judicial Conference of the

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

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

16 shall be deposited into the special fund of the Treasury

17 established under section 1931 of title 28, United States

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

19 certificate of admission or certificate of good standing, as

20 prescribed by the Judicial Conference of the United States

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

22 shall be deposited into the special fund of the Treasury

23 established under section 1931 of title 28, United States

24 Code.
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1 (b) DISPOSITION OF BANKRUPTCY COMPLAINT FIL2 ING FEES.—For each fee collected for filing an adversary

3 complaint in a bankruptcy proceeding, as established in

4 Item 6 of the Bankruptcy Court Miscellaneous Fee Sched5 ule prescribed by the Judicial Conference of the United

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

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

8 be deposited into the special fund of the Treasury estab9 lished under section 1931 of title 28, United States Code.

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

11 60 days after the date of the enactment of this Act.

12 TITLE V—FEDERAL COURTS

13 STUDY COMMITTEE REC14 OMMENDATIONS

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

16 INTERNATIONAL TRADE.

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

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

19 following new section:

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

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

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

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

24 ‘‘(A) are 64 years of age or under;
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1 ‘‘(B) have served for 1 year or more as a judge

2 of the court; and

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

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

5 meets the qualifications under paragraph (1), the young6 est judge in regular active service who is 65 years of age

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

8 1 year or more shall act as the chief judge.

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

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

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

12 the judge of the court in regular active service who is sen13 ior in commission and who has not served previously as

14 chief judge shall act as the chief judge.

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

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

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

18 such term until another judge is eligible under paragraph

19 (1) to serve as chief judge.

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

21 judge of the court acting as chief judge under subpara22 graph (A) or (B) of paragraph (2) shall serve until a judge

23 meets the qualifications under paragraph (1).

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

25 judge of the court after attaining the age of 70 years un-
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1 less no other judge is qualified to serve as chief judge

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

3 under paragraph (2).

4 ‘‘(b) The chief judge shall have precedence and pre5 side at any session of the court which such judge attends.

6 Other judges of the court shall have precedence and pre7 side according to the seniority of their commissions.

8 Judges whose commissions bear the same date shall have

9 precedence according to seniority in age.

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

11 duties as chief judge while retaining active status as a

12 judge of the court, the chief judge may so certify to the

13 Chief Justice of the United States, and thereafter the

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

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

16 subsection (a).

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

18 the duties as chief judge, such duties shall be performed

19 by the judge of the court in active service, able and quali20 fied to act, who is next in precedence.’’.

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

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

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

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

25 (2) in section 253—
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1 (A) by amending the section heading to

2 read as follows:

3 ‘‘§ 253. Duties of chief judge’’;

4 and

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

6 and

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

8 title 28, United States Code—

9 (A) by amending the item relating to sec10 tion 253 to read as follows:

‘‘253. Duties of chief judge.’’;

11 and

12 (B) by adding at the end thereof the fol13 lowing:

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

14 (c) APPLICATION.—(1) Notwithstanding the provi15 sions of section 258(a) of title 28, United States Code (as

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

17 of the United States Court of International Trade who is

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

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

20 date until any one of the following events occurs:

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

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

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

24 is terminated.
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1 (C) The chief judge attains the age of 70 years.

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

3 years as chief judge.

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

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

6 the Court of International Trade shall be filled in accord7 ance with section 258(a) of title 28, United States Code.

8 TITLE VI—PLACES OF HOLDING

9 COURT

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

11 DISTRICT OF NEW YORK.

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

13 States Code, is amended to read as follows:

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

15 New York, White Plains, and in the Middletown16 Wallkill area of Orange County or such nearby loca17 tion as may be deemed appropriate.’’.

18 SEC. 602. PLACE OF HOLDING COURT IN THE EASTERN DIS19 TRICT OF TEXAS.

20 (a) The second sentence of section 124(c)(3) of title

21 28, United States Code, is amended by inserting ‘‘and

22 Plano’’ after ‘‘held at Sherman’’.

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

24 United States Code, are each amended in the last sentence

25 by inserting before the period the following: ‘‘, and may
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1 be held anywhere within the Federal courthouse in Tex2 arkana that is located astride the State line between Texas

3 and Arkansas’’.

4 TITLE VII—MISCELLANEOUS

5 SEC. 701. PARTICIPATION IN JUDICIAL GOVERNANCE AC6 TIVITIES BY DISTRICT, SENIOR, AND MAG7 ISTRATE JUDGES.

8 (a) JUDICIAL CONFERENCE OF THE UNITED

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

10 amended by striking out the second undesignated para11 graph and inserting in lieu thereof the following:

12 ‘‘The district judge to be summoned from each judi13 cial circuit shall be chosen by the circuit and district

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

15 Judicial Conference of the United States for a term of

16 not less than 3 successive years nor more than 5 succes17 sive years, as established by majority vote of all circuit

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

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

20 judge in regular active service or a judge retired from reg21 ular active service under section 371(b) of this title.’’.

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

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

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

25 (2) and inserting in lieu thereof the following:
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1 ‘‘(2) two circuit judges, three district judges,

2 one bankruptcy judge, and one magistrate judge,

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

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

6 regular active service or a judge retired from regular

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

8 shall not be a member of the Judicial Conference of

9 the United States; and’’; and

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

13 title,’’.

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

15 ADMINISTRATIVE OFFICE AS OFFICERS OF

16 THE UNITED STATES.

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

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

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

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

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

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

24 lieu thereof ‘‘defendant or defendants’’.
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1 SEC. 704. FEDERAL JUDICIAL CENTER EMPLOYEE RETIRE2 MENT PROVISIONS.

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

4 amended—

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

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

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

8 84 (relating to the Federal Employees’ Retirement

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

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

12 RAIL REORGANIZATION ACT OF 1973.

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

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

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

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

17 after’’; and

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

19 new paragraph:

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

21 of this subsection is abolished effective 90 days after the

22 date of the enactment of the Federal Courts Improvement

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

24 other functions of the special court shall be assumed by

25 the United States District Court for the District of Colum26 bia. With respect to any proceedings that arise or continue
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1 after the date on which the special court is abolished, the

2 references in the following provisions to the special court

3 established under this subsection shall be deemed to refer

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

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

7 of this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

24 1105(a), 1115(a)).
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1 ‘‘(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C),

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

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

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

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

6 States Code.

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

8 subsection and section 605 of the Federal Courts

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

10 regulation, delegation of authority, or document of

11 or relating to the special court as established under

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

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

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

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

16 thereof the following:

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

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

21 States Code.’’.

22 (2) Section 303 of the Regional Rail Reorganization

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

24 subsection (d) and inserting in lieu thereof the following:
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1 ‘‘(d) APPEAL.—An order or judgment entered by the

2 United States District Court for the District of Columbia

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

4 shall be reviewable in accordance with sections 1291,

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

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

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

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

10 States District Court for the District of Columbia in any

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

13 United States Code.’’.

14 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

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

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

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

18 of Appeals for the District of Columbia Circuit’’

19 after ‘‘Supreme Court’’; and

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

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

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

24 with respect to such proceedings and such powers shall

25 include those of’’.
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1 (3) Section 1135(a)(8) of the Northeast Rail Service

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

3 follows:

4 ‘‘(8) ‘Special court’ means the judicial panel es5 tablished under section 209(b)(1) of the Regional

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

7 719(b)(1)) or, with respect to any proceedings that

8 arise or continue after the panel is abolished pursu9 ant to section 209(b)(2) of such Act, the United

10 States District Court for the District of Columbia.’’.

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

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

13 out subsection (d).

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

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

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

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

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

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

20 originally been filed in that court. The amendments made

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

22 final order or judgment entered by the special court for

23 which—
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1 (1) a petition for writ of certiorari has been

2 filed before the date on which the special court is

3 abolished; or

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

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

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

8 days after the date of the enactment of this Act and, ex9 cept as provided in subsection (d), shall apply with respect

10 to proceedings that arise or continue on or after such ef11 fective date.

12 SEC. 706. EXCEPTION OF RESIDENCY REQUIREMENT FOR

13 DISTRICT JUDGES APPOINTED TO THE

14 SOUTHERN DISTRICT AND EASTERN DIS15 TRICT OF NEW YORK.

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

17 amended—

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

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

20 ‘‘the District of Columbia,’’;

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

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

23 district judge of the Southern District of New York

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

2 is appointed.’’.

3 SEC. 707. CIVIL JUSTICE EXPENSE AND DELAY REDUCTION

4 PLANS.

5 (a) AUTHORIZATION OF ARBITRATION.—Section

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

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

8 (b) REPORT ON DEMONSTRATION PROGRAM.—Sec9 tion 104(d) of the Civil Justice Reform Act of 1990 (28

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

11 31, 1996,’’ and inserting in lieu thereof ‘‘June 30, 1997,’’.

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

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

14 note) is amended by striking out ‘‘December 31, 1996,’’

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

16 SEC. 708. VENUE FOR TERRITORIAL COURTS.

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

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

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

20 includes the District Court of Guam, the District Court

21 for the Northern Mariana Islands, and the District Court

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

23 territorial jurisdiction of each such court.’’.
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1 (b) CURE OR WAIVER OF DEFECTS.—Section

2 1406(c) of title 28, United States Code, is amended to

3 read as follows:

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

5 includes the District Court of Guam, the District Court

6 for the Northern Mariana Islands, and the District Court

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

8 territorial jurisdiction of each such court.’’.

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

10 section apply to cases pending on the date of the enact11 ment of this Act and to cases commenced on or after such

12 date.

Passed the House of Representatives September 17,

1996.

Attest: ROBIN H. CARLE,

Clerk.