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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Federal Courts Improvement Act of 1996’’.
(b) TABLE OF CONTENTS.—The table of contents of 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 agen-
cies.
Sec. 205. Appeal route in civil cases decided by magistrate judges with consent.
Sec. 206. Reports by judicial councils relating to misconduct and disability or-
ders.
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 Judi-
cial Survivors’ Annuities System.
Sec. 302. Bankruptcy judges reappointment procedure.
Sec. 303. Technical correction related to commencement date of temporary judge-
ships.
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’ Annu-
ities 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
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 offi-
cers 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.
TITLE 
I—CRIMINAL 
LAW 
AND
CRIMINAL JUSTICE AMEND-
MENTS
SEC. 101. NEW AUTHORITY FOR PROBATION AND PRETRIAL
SERVICES OFFICERS.
(a) PROBATION OFFICERS.—Section 3603 of title 18,
United States Code, is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (8)(B);
(2) by redesignating paragraph (9) as para-
graph (10); and
(3) by inserting after paragraph (8) the follow-
ing new paragraph:
‘‘(9) if approved by the court, be authorized to
carry firearms under such regulations as the Director
of the Administrative Office of the United States
Courts may prescribe; and’’.
(b) PRETRIAL SERVICES OFFICERS.—Section 3154 of
title 18, United States Code, is amended—
(1) by redesignating paragraph (13) as para-
graph (14); and
(2) by inserting after paragraph (12) the follow-
ing new paragraph:
‘‘(13) If approved by the court, be authorized to
carry firearms under such regulations as the Director
of the Administrative Office of the United States
Courts may prescribe.’’.
TITLE II—JUDICIAL PROCESS
IMPROVEMENTS
SEC. 201. DUTIES OF MAGISTRATE JUDGE ON EMERGENCY
ASSIGNMENT.
The first sentence of section 636(f) of title 28, United
States Code, is amended by striking out ‘‘(a) or (b)’’ and
inserting in lieu thereof ‘‘(a), (b), or (c)’’.
SEC. 202. REGISTRATION OF JUDGMENTS FOR ENFORCE-
MENT IN OTHER DISTRICTS.
(a) IN GENERAL.—Section 1963 of title 28, United
States Code, is amended—
(1) by amending the section heading to read as
follows:
‘‘§ 1963. Registration of judgments for enforcement in
other districts’’;
(2) in the first sentence—
(A) by striking out ‘‘district court’’ and in-
serting in lieu thereof ‘‘court of appeals, district
court, or bankruptcy court’’; and
(B) by striking out ‘‘such judgment’’ and all
that follows through ‘‘Trade,’’ and inserting in
lieu thereof ‘‘the judgment’’; and
(3) by adding at the end thereof the following
new undesignated paragraph:
‘‘The procedure prescribed under this section is in ad-
dition to other procedures provided by law for the enforce-
ment of judgments.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of sections for chapter 125 of title 28, United States
Code, relating to section 1963 is amended to read as follows:
‘‘1963. Registration of judgments for enforcement in other districts.’’.
SEC. 203. VACANCY IN CLERK POSITION; ABSENCE OF
CLERK.
(a) IN GENERAL.—Section 954 of title 28, United
States Code, is amended to read as follows:
‘‘§ 954. Vacancy in clerk position; absence of clerk
‘‘When the office of clerk is vacant, the deputy clerks
shall perform the duties of the clerk in the name of the last
person who held that office. When the clerk is incapacitated,
absent, or otherwise unavailable to perform official duties,
the deputy clerks shall perform the duties of the clerk in
the name of the clerk. The court may designate a deputy
clerk to act temporarily as clerk of the court in his or her
own name.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of sections for chapter 57 of title 28, United States
Code, relating to section 954 is amended to read as follows:
‘‘954. Vacancy in clerk position; absence of clerk.’’.
SEC. 204. REMOVAL OF CASES AGAINST THE UNITED
STATES AND FEDERAL OFFICERS OR AGEN-
CIES.
(a) IN GENERAL.—Section 1442 of title 28, United
States Code, is amended—
(1) in the section heading by inserting ‘‘or
agencies’’ after ‘‘officers’’; and
(2) in subsection (a)—
(A) in the matter preceding paragraph (1)
by striking out ‘‘persons’’; and
(B) in paragraph (1) by striking out ‘‘Any
officer of the United States or any agency there-
of, or person acting under him, for any act
under color of such office’’ and inserting in lieu
thereof ‘‘The United States or any agency thereof
or any officer (or any person acting under that
officer) of the United States or of any agency
thereof, sued in an official or individual capac-
ity for any act under color of such office’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of sections for chapter 89 of title 28, United States
Code, is amended by amending the item relating to section
1442 to read as follows:
‘‘1442. Federal officers or agencies sued or prosecuted.’’.
SEC. 205. APPEAL ROUTE IN CIVIL CASES DECIDED BY MAG-
ISTRATE JUDGES WITH CONSENT.
Section 636 of title 28, United States Code, is amend-
ed—
(1) in subsection (c)—
(A) in paragraph (3) by striking out ‘‘In
this circumstance, the’’ and inserting in lieu
thereof ‘‘The’’;
(B) by striking out paragraphs (4) and (5);
and
(C) by redesignating paragraphs (6) and
(7) as paragraphs (4) and (5); and
(2) in subsection (d) by striking out ‘‘, and for
the taking and hearing of appeals to the district
courts,’’.
SEC. 206. REPORTS BY JUDICIAL COUNCILS RELATING TO
MISCONDUCT AND DISABILITY ORDERS.
Section 332 of title 28, United States Code, is amended
by adding at the end thereof the following new subsection:
‘‘(g) No later than January 31 of each year, each judi-
cial council shall submit a report to the Administrative Of-
fice of the United States Courts on the number and nature
of orders entered under this section during the preceding
calendar year that relate to judicial misconduct or disabil-
ity.’’.
SEC. 207. CONSENT TO TRIAL IN CERTAIN CRIMINAL AC-
TIONS.
(a) AMENDMENTS TO TITLE 18.—(1) Section 3401(b)
of title 18, United States Code, is amended—
(A) in the first sentence by inserting ‘‘, other
than a petty offense that is a class B misdemeanor
charging a motor vehicle offense, a class C mis-
demeanor, or an infraction,’’ after ‘‘misdemeanor’’;
(B) in the second sentence by inserting ‘‘judge’’
after ‘‘magistrate’’ each place it appears;
(C) by striking out the third sentence and insert-
ing in lieu thereof the following: ‘‘The magistrate
judge may not proceed to try the case unless the de-
fendant, after such explanation, expressly consents to
be tried before the magistrate judge and expressly and
specifically waives trial, judgment, and sentencing by
a district judge. Any such consent and waiver shall
be made in writing or orally on the record.’’; and
(D) by striking out ‘‘judge of the district court’’
each place it appears and inserting in lieu thereof
‘‘district judge’’.
(2) Section 3401(g) of title 18, United States Code, is
amended by striking out the first sentence and inserting
in lieu thereof the following: ‘‘The magistrate judge may,
in a petty offense case involving a juvenile, that is a class
B misdemeanor charging a motor vehicle offense, a class
C misdemeanor, or an infraction, exercise all powers grant-
ed to the district court under chapter 403 of this title. The
magistrate judge may, in any other class B or C mis-
demeanor case involving a juvenile in which consent to trial
before a magistrate judge has been filed under subsection
(b), exercise all powers granted to the district court under
chapter 403 of this title.’’.
(b) AMENDMENTS TO TITLE 28.—Section 636(a) of
title 28, United States Code, is amended—
(1) by striking out ‘‘, and’’ at the end of para-
graph (3) and inserting in lieu thereof a semicolon;
and
(2) by striking out paragraph (4) and inserting
the following:
‘‘(4) the power to enter a sentence for a petty of-
fense that is a class B misdemeanor charging a motor
vehicle offense, a class C misdemeanor, or an infrac-
tion; and
‘‘(5) the power to enter a sentence for a class A
misdemeanor, or a class B or C misdemeanor not cov-
ered by paragraph (4), in a case in which the parties
have consented.’’.
TITLE III—JUDICIARY PERSON-
NEL ADMINISTRATION, BENE-
FITS, AND PROTECTIONS
SEC. 301. REFUND OF CONTRIBUTION FOR DECEASED DE-
FERRED ANNUITANT UNDER THE JUDICIAL
SURVIVORS’ ANNUITIES SYSTEM.
Section 376(o)(1) of title 28, United States Code, is
amended by striking out ‘‘or while receiving ‘retirement sal-
ary’,’’ and inserting in lieu thereof ‘‘while receiving retire-
ment salary, or after filing an election and otherwise com-
plying with the conditions under subsection (b)(2) of this
section,’’.
SEC. 302. BANKRUPTCY JUDGES REAPPOINTMENT PROCE-
DURE.
Section 120 of the Bankruptcy Amendments and Fed-
eral Judgeship Act of 1984 (Public Law 98–353; 28 U.S.C.
152 note), is amended—
(1) in subsection (a) by adding at the end thereof
the following new paragraph:
‘‘(3) When filling vacancies, the court of appeals may
consider reappointing incumbent bankruptcy judges under
procedures prescribed by regulations issued by the Judicial
Conference of the United States.’’; and
(2) in subsection (b) by adding at the end thereof
the following: ‘‘All incumbent nominees seeking re-
appointment thereafter may be considered for such a
reappointment, pursuant to a majority vote of the
judges of the appointing court of appeals, under pro-
cedures authorized under subsection (a)(3).’’.
SEC. 303. TECHNICAL CORRECTION RELATED TO COM-
MENCEMENT DATE OF TEMPORARY JUDGE-
SHIPS.
Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101–650; 104 Stat. 5101; 28 U.S.C. 133
note) is amended by adding at the end thereof the following:
‘‘For districts named in this subsection for which multiple
judgeships are created by this Act, the last of those judge-
ships filled shall be the judgeship created under this sub-
section.’’.
SEC. 304. FULL-TIME STATUS OF COURT REPORTERS.
Section 753(e) of title 28, United States Code, is
amended by inserting after the first sentence the following:
‘‘For the purposes of subchapter III of chapter 83 of title
5 and chapter 84 of such title, a reporter shall be considered
a full-time employee during any pay period for which a
reporter receives a salary at the annual salary rate fixed
for a full-time reporter under the preceding sentence.’’.
SEC. 305. COURT INTERPRETERS.
Section 1827 of title 28, United States Code, is amend-
ed by adding at the end thereof the following new subsection:
‘‘(l) Notwithstanding any other provision of this sec-
tion or section 1828, the presiding judicial officer may ap-
point a certified or otherwise qualified sign language inter-
preter to provide services to a party, witness, or other par-
ticipant in a judicial proceeding, whether or not the pro-
ceeding is instituted by the United States, if the presiding
judicial officer determines, on such officer’s own motion or
on the motion of a party or other participant in the pro-
ceeding, that such individual suffers from a hearing im-
pairment. The presiding judicial officer shall, subject to the
availability of appropriated funds, approve the compensa-
tion and expenses payable to sign language interpreters ap-
pointed under this subsection in accordance with the sched-
ule of fees prescribed by the Director under subsection (b)(3)
of this section.’’.
SEC. 306. TECHNICAL AMENDMENT RELATED TO COM-
MENCEMENT DATE OF TEMPORARY BANK-
RUPTCY JUDGESHIPS.
Section 3(b) of the Bankruptcy Judgeship Act of 1992
(Public Law 102–361; 106 Stat. 965; 28 U.S.C. 152 note)
is amended in the first sentence by striking out ‘‘date of
the enactment of this Act’’ and inserting in lieu thereof ‘‘ap-
pointment date of the judge named to fill the temporary
judgeship position’’.
SEC. 307. CONTRIBUTION RATE FOR SENIOR JUDGES
UNDER THE JUDICIAL SURVIVORS’ ANNU-
ITIES SYSTEM.
Section 376(b)(1) of title 28, United States Code, is
amended to read as follows:
‘‘(b)(1) Every judicial official who files a written noti-
fication of his or her intention to come within the purview
of this section, in accordance with paragraph (1) of sub-
section (a) of this section, shall be deemed thereby to consent
and agree to having deducted and withheld from his or her
salary a sum equal to 2.2 percent of that salary, and a
sum equal to 3.5 percent of his or her retirement salary.
The deduction from any retirement salary—
‘‘(A) of a justice or judge of the United States re-
tired from regular active service under section 371(b)
or section 372(a) of this title,
‘‘(B) of a judge of the United States Court of
Federal Claims retired under section 178 of this title,
or
‘‘(C) of a judicial official on recall under section
155(b), 373(c)(4), 375, or 636(h) of this title,
shall be an amount equal to 2.2 percent of retirement sal-
ary.’’.
SEC. 308. PROCEEDINGS ON COMPLAINTS AGAINST JUDI-
CIAL CONDUCT.
(a) IN GENERAL.—Section 372(c) of title 28, United
States Code, is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘(A)’’ after ‘‘(c)(1)’’; and
(B) by adding at the end the following: ‘‘In
the case of a complaint so identified, the chief
judge shall notify the clerk of the court of appeals
of the complaint, together with a brief statement
of the facts underlying the complaint.
‘‘(B) Complaints filed under subparagraph (A) in one
judicial circuit shall be referred to another judicial circuit
for proceedings under this subsection, in accordance with
a system established by rule by the Judicial Conference,
which prescribes the circuits to which the complaints will
be referred. The Judicial Conference shall establish and sub-
mit to the Congress the system described in the preceding
sentence not later than 180 days after the date of the enact-
ment of this subparagraph.’’;
(2) in paragraph (2)—
(A) by amending the first sentence to read
as follows: ‘‘Upon receipt of a complaint filed or
notice of a complaint identified under paragraph
(1) of this subsection, the clerk shall promptly
transmit such complaint or (in the case of a
complaint identified under paragraph (1)) the
statement of facts underlying the complaint to
the chief judge of the circuit assigned to conduct
proceedings on the complaint in accordance with
the system established under paragraph (1)(B)
(hereafter in this subsection referred to as the
‘chief judge’).’’; and
(B) in the second sentence by inserting ‘‘or
statement of facts underlying the complaint (as
the case may be)’’ after ‘‘copy of the complaint’’;
(3) in paragraph (4)(A) by inserting ‘‘(to which
the complaint or statement of facts underlying the
complaint is referred)’’ after ‘‘the circuit’’;
(4) in paragraph (5)—
(A) in the first sentence by inserting ‘‘to
which the complaint or statement of facts under-
lying the complaint is referred’’ after ‘‘the cir-
cuit’’; and
(B) in the second sentence by striking ‘‘the
circuit’’ and inserting ‘‘that circuit’’;
(5) in the first sentence of paragraph (15) by in-
serting before the period at the end the following: ‘‘in
which the complaint was filed or identified under
paragraph (1)’’; and
(6) by amending paragraph (18) to read as fol-
lows:
‘‘(18) The Judicial Conference shall prescribe rules,
consistent with the preceding provisions of this subsection—
‘‘(A) establishing procedures for the filing of
complaints with respect to the conduct of any judge
of the United States Court of Federal Claims, the
Court of International Trade, or the Court of Appeals
for the Federal Circuit, and for the investigation and
resolution of such complaints; and
‘‘(B) establishing a system for referring com-
plaints filed with respect to the conduct of a judge of
any such court to any of the first eleven judicial cir-
cuits or to another court for investigation and resolu-
tion.
The Judicial Conference shall establish and submit to the
Congress the system described in subparagraph (B) not
later than 180 days after the date of the enactment of the
Federal Courts Improvement Act of 1996.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section apply to complaints filed on or after the 180th day
after the date of the enactment of this Act.
TITLE IV—JUDICIAL FINANCIAL
ADMINISTRATION
SEC. 401. INCREASE IN CIVIL ACTION FILING FEE.
(a) FILING FEE INCREASE.—Section 1914(a) of title
28, United States Code, is amended by striking out ‘‘$120’’
and inserting in lieu thereof ‘‘$150’’.
(b) DISPOSITION OF INCREASE.—Section 1931 of title
28, United States Code, is amended—
(1) in subsection (a) by striking out ‘‘$60’’ and
inserting in lieu thereof ‘‘$90’’; and
(2) in subsection (b)—
(A) by striking out ‘‘$120’’ and inserting in
lieu thereof ‘‘$150’’; and
(B) by striking out ‘‘$60’’ and inserting in
lieu thereof ‘‘$90’’.
(c) EFFECTIVE DATE.—This section shall take effect
60 days after the date of the enactment of this Act.
SEC. 402. INTERPRETER PERFORMANCE EXAMINATION
FEES.
(a) IN GENERAL.—Section 1827(g) of title 28, United
States Code, is amended by redesignating paragraph (5) as
paragraph (6) and inserting after paragraph (4) the follow-
ing new paragraph:
‘‘(5) If the Director of the Administrative Office of the
United States Courts finds it necessary to develop and ad-
minister criterion-referenced performance examinations for
purposes of certification of interpreters, or other examina-
tions for the selection of otherwise qualified interpreters, the
Director may prescribe for each examination a uniform fee
for applicants to take such examination. In determining the
rate of the fee for each examination, the Director shall con-
sider the fees charged by other organizations for examina-
tions that are similar in scope or nature. Notwithstanding
section 3302(b) of title 31, the Director is authorized to pro-
vide in any contract or agreement for the development or
administration of examinations and the collection of fees
that the contractor may retain all or a portion of the fees
in payment for the services. Notwithstanding paragraph (6)
of this subsection, all fees collected after the effective date
of this paragraph and not retained by a contractor shall
be deposited in the fund established under section 1931 of
this title and shall remain available until expended.’’.
(b) PAYMENT
FOR CONTRACTUAL SERVICES.—Not-
withstanding sections 3302(b), 1341, and 1517 of title 31,
United States Code, the Director of the Administrative Of-
fice of the United States Courts may include in any con-
tract for the development or administration of examina-
tions for interpreters (including such a contract entered
into before the date of the enactment of this Act) a provision
which permits the contractor to collect and retain fees in
payment for contractual services in accordance with section
1827(g)(5) of title 28, United States Code.
SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION.
(a) IN GENERAL.—(1) Chapter 123 of title 28, United
States Code, is amended by adding after section 1932 the
following new section:
‘‘§ 1933. Judicial Panel on Multidistrict Litigation
‘‘The Judicial Conference of the United States shall
prescribe from time to time the fees and costs to be charged
and collected by the Judicial Panel on Multidistrict Litiga-
tion.’’.
(2) The table of sections for chapter 123 of title 28,
United States Code, is amended by adding after the item
relating to section 1931 the following:
‘‘1933. Judicial Panel on Multidistrict Litigation.’’.
(b) RELATED FEES FOR ACCESS TO INFORMATION.—
Section 303(a) of the Judiciary Appropriations Act, 1992
(Public Law 102–140; 105 Stat. 810; 28 U.S.C. 1913 note)
is amended in the first sentence by striking out ‘‘1926, and
1930’’ and inserting in lieu thereof ‘‘1926, 1930, and 1932’’.
SEC. 404. DISPOSITION OF FEES.
(a) DISPOSITION OF ATTORNEY ADMISSION FEES.—
For each fee collected for admission of an attorney to prac-
tice, as prescribed by the Judicial Conference of the United
States pursuant to section 1914 of title 28, United States
Code, $30 of that portion of the fee exceeding $20 shall be
deposited into the special fund of the Treasury established
under section 1931 of title 28, United States Code. Any por-
tion exceeding $5 of the fee for a duplicate certificate of
admission or certificate of good standing, as prescribed by
the Judicial Conference of the United States pursuant to
section 1914 of title 28, United States Code, shall be depos-
ited into the special fund of the Treasury established under
section 1931 of title 28, United States Code.
(b) DISPOSITION OF BANKRUPTCY COMPLAINT FILING
FEES.—For each fee collected for filing an adversary com-
plaint in a bankruptcy proceeding, as established in Item
6 of the Bankruptcy Court Miscellaneous Fee Schedule pre-
scribed by the Judicial Conference of the United States pur-
suant to section 1930(b) of title 28, United States Code,
the portion of the fee exceeding $120 shall be deposited into
the special fund of the Treasury established under section
1931 of title 28, United States Code.
(c) EFFECTIVE DATE.—This section shall take effect
60 days after the date of the enactment of this Act.
TITLE 
V—FEDERAL 
COURTS
STUDY 
COMMITTEE 
REC-
OMMENDATIONS
SEC. 501. QUALIFICATION OF CHIEF JUDGE OF COURT OF
INTERNATIONAL TRADE.
(a) IN GENERAL.—Chapter 11 of title 28, United
States Code, is amended by adding at the end thereof the
following new section:
‘‘§ 258. Chief judges; precedence of judges
‘‘(a)(1) The chief judge of the Court of International
Trade shall be the judge of the court in regular active service
who is senior in commission of those judges who—
‘‘(A) are 64 years of age or under;
‘‘(B) have served for 1 year or more as a judge
of the court; and
‘‘(C) have not served previously as chief judge.
‘‘(2)(A) In any case in which no judge of the court
meets the qualifications under paragraph (1), the youngest
judge in regular active service who is 65 years of age or
over and who has served as a judge of the court for 1 year
or more shall act as the chief judge.
‘‘(B) In any case under subparagraph (A) in which
there is no judge of the court in regular active service who
has served as a judge of the court for 1 year or more, the
judge of the court in regular active service who is senior
in commission and who has not served previously as chief
judge shall act as the chief judge.
‘‘(3)(A) Except as provided under subparagraph (C),
the chief judge serving under paragraph (1) shall serve for
a term of 7 years and shall serve after expiration of such
term until another judge is eligible under paragraph (1)
to serve as chief judge.
‘‘(B) Except as provided under subparagraph (C), a
judge of the court acting as chief judge under subparagraph
(A) or (B) of paragraph (2) shall serve until a judge meets
the qualifications under paragraph (1).
‘‘(C) No judge of the court may serve or act as chief
judge of the court after attaining the age of 70 years unless
no other judge is qualified to serve as chief judge under
paragraph (1) or is qualified to act as chief judge under
paragraph (2).
‘‘(b) The chief judge shall have precedence and preside
at any session of the court which such judge attends. Other
judges of the court shall have precedence and preside accord-
ing to the seniority of their commissions. Judges whose com-
missions bear the same date shall have precedence according
to seniority in age.
‘‘(c) If the chief judge desires to be relieved of the duties
as chief judge while retaining active status as a judge of
the court, the chief judge may so certify to the Chief Justice
of the United States, and thereafter the chief judge of the
court shall be such other judge of the court who is qualified
to serve or act as chief judge under subsection (a).
‘‘(d) If a chief judge is temporarily unable to perform
the duties as chief judge, such duties shall be performed by
the judge of the court in active service, able and qualified
to act, who is next in precedence.’’.
(b) TECHNICAL
AND CONFORMING AMENDMENTS.—
Chapter 11 of title 28, United States Code, is amended—
(1) in section 251 by striking out subsection (b)
and redesignating subsection (c) as subsection (b);
(2) in section 253—
(A) by amending the section heading to
read as follows:
‘‘§ 253. Duties of chief judge’’;
and
(B) by striking out subsections (d) and (e);
and
(3) in the table of sections for chapter 11 of title
28, United States Code—
(A) by amending the item relating to sec-
tion 253 to read as follows:
‘‘253. Duties of chief judge.’’;
and
(B) by adding at the end thereof the follow-
ing:
‘‘258. Chief judges; precedence of judges.’’.
(c) APPLICATION.—(1) Notwithstanding the provisions
of section 258(a) of title 28, United States Code (as added
by subsection (a) of this section), the chief judge of the Unit-
ed States Court of International Trade who is in office on
the day before the date of enactment of this Act shall con-
tinue to be such chief judge on or after such date until any
one of the following events occurs:
(A) The chief judge is relieved of his duties under
section 258(c) of title 28, United States Code.
(B) The regular active status of the chief judge
is terminated.
(C) The chief judge attains the age of 70 years.
(D) The chief judge has served for a term of 7
years as chief judge.
(2) When the chief judge vacates the position of chief
judge under paragraph (1), the position of chief judge of
the Court of International Trade shall be filled in accord-
ance with section 258(a) of title 28, United States Code.
TITLE VI—PLACES OF HOLDING
COURT
SEC. 601. PLACE OF HOLDING COURT IN THE SOUTHERN
DISTRICT OF NEW YORK.
The last sentence of section 112(b) of title 28, United
States Code, is amended to read as follows:
‘‘Court for the Southern District shall be held at New
York, White Plains, and in the Middletown-Wallkill
area of Orange County or such nearby location as
may be deemed appropriate.’’.
SEC. 602. PLACE OF HOLDING COURT IN THE EASTERN DIS-
TRICT OF TEXAS.
(a) The second sentence of section 124(c)(3) of title 28,
United States Code, is amended by inserting ‘‘and Plano’’
after ‘‘held at Sherman’’.
(b) Sections 83(b)(1) and 124(c)(6) of title 28, United
States Code, are each amended in the last sentence by in-
serting before the period the following: ‘‘, and may be held
anywhere within the Federal courthouse in Texarkana that
is located astride the State line between Texas and Arkan-
sas’’.
TITLE VII—MISCELLANEOUS
SEC. 701. PARTICIPATION IN JUDICIAL GOVERNANCE AC-
TIVITIES BY DISTRICT, SENIOR, AND MAG-
ISTRATE JUDGES.
(a) 
JUDICIAL
CONFERENCE
OF
THE
UNITED
STATES.—Section 331 of title 28, United States Code, is
amended by striking out the second undesignated para-
graph and inserting in lieu thereof the following:
‘‘The district judge to be summoned from each judicial
circuit shall be chosen by the circuit and district judges of
the circuit and shall serve as a member of the Judicial Con-
ference of the United States for a term of not less than 3
successive years nor more than 5 successive years, as estab-
lished by majority vote of all circuit and district judges of
the circuit. A district judge serving as a member of the Ju-
dicial Conference may be either a judge in regular active
service or a judge retired from regular active service under
section 371(b) of this title.’’.
(b) BOARD OF THE FEDERAL JUDICIAL CENTER.—
Section 621 of title 28, United States Code, is amended—
(1) in subsection (a) by striking out paragraph
(2) and inserting in lieu thereof the following:
‘‘(2) two circuit judges, three district judges, one
bankruptcy judge, and one magistrate judge, elected
by vote of the members of the Judicial Conference of
the United States, except that any circuit or district
judge so elected may be either a judge in regular ac-
tive service or a judge retired from regular active
service under section 371(b) of this title but shall not
be a member of the Judicial Conference of the United
States; and’’; and
(2) in subsection (b) by striking out ‘‘retire-
ment,’’ and inserting in lieu thereof ‘‘retirement pur-
suant to section 371(a) or section 372(a) of this
title,’’.
SEC. 702. THE DIRECTOR AND DEPUTY DIRECTOR OF THE
ADMINISTRATIVE OFFICE AS OFFICERS OF
THE UNITED STATES.
Section 601 of title 28, United States Code, is amended
by adding at the end thereof the following: ‘‘The Director
and Deputy Director shall be deemed to be officers for pur-
poses of title 5, United States Code.’’.
SEC. 703. REMOVAL OF ACTION FROM STATE COURT.
Section 1446(c)(1) of title 28, United States Code, is
amended by striking out ‘‘petitioner’’ and inserting in lieu
thereof ‘‘defendant or defendants’’.
SEC. 704. FEDERAL JUDICIAL CENTER EMPLOYEE RETIRE-
MENT PROVISIONS.
Section 627(b) of title 28, United States Code, is
amended—
(1) in the first sentence by inserting ‘‘Deputy
Director,’’ before ‘‘the professional staff’’; and
(2) in the first sentence by inserting ‘‘chapter 84
(relating to the Federal Employees’ Retirement Sys-
tem),’’ after ‘‘(relating to civil service retirement),’’.
SEC. 705. ABOLITION OF THE SPECIAL COURT, REGIONAL
RAIL REORGANIZATION ACT OF 1973.
(a) ABOLITION OF THE SPECIAL COURT.—Section 209
of the Regional Rail Reorganization Act of 1973 (45 U.S.C.
719) is amended in subsection (b)—
(1) by inserting ‘‘(1)’’ before ‘‘Within 30 days
after’’; and
(2) by adding at the end thereof the following
new paragraph:
‘‘(2) The special court referred to in paragraph (1) of
this subsection is abolished effective 90 days after the date
of the enactment of the Federal Courts Improvement Act
of 1996. On such effective date, all jurisdiction and other
functions of the special court shall be assumed by the United
States District Court for the District of Columbia. With re-
spect to any proceedings that arise or continue after the
date on which the special court is abolished, the references
in the following provisions to the special court established
under this subsection shall be deemed to refer to the United
States District Court for the District of Columbia:
‘‘(A) Subsections (c), (e)(1), (e)(2), (f) and (g) of
this section.
‘‘(B) Sections 202 (d)(3), (g), 207 (a)(1), (b)(1),
(b)(2), 208(d)(2), 301 (e)(2), (g), (k)(3), (k)(15), 303
(a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3),
(c)(4), (c)(5), 304 (a)(1)(B), (i)(3), 305 (c), (d)(1),
(d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), (f)(1),
(f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 306 (a), (b),
(c)(4), and 601 (b)(3), (c) of this Act (45 U.S.C. 712
(d)(3), (g), 717 (a)(1), (b)(1), (b)(2), 718(d)(2), 741
(e)(2), (g), (k)(3), (k)(15), 743 (a)(1), (a)(2), (b)(1),
(b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), 744
(a)(1)(B), (i)(3), 745 (c), (d)(1), (d)(2), (d)(3), (d)(4),
(d)(5), 
(d)(8), 
(e), 
(f)(1), 
(f)(2)(B), 
(f)(2)(D),
(f)(2)(E), (f)(3), 746 (a), (b), (c)(4), 791 (b)(3), (c)).
‘‘(C) Sections 1152(a) and 1167(b) of the North-
east Rail Service Act of 1981 (45 U.S.C. 1105(a),
1115(a)).
‘‘(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C),
(3)(C), (3)(E), (4)(A) and 4025(b) of the Conrail Pri-
vatization Act (45 U.S.C. 1323 (2)(A)(iii), (2)(B),
(2)(C), (3)(C), (3)(E), (4)(A), 1324(b)).
‘‘(E) Section 24907(b) of title 49, United States
Code.
‘‘(F) Any other Federal law (other than this sub-
section and section 605 of the Federal Courts Im-
provement Act of 1996), Executive order, rule, regula-
tion, delegation of authority, or document of or relat-
ing to the special court as established under para-
graph (1) of this subsection.’’.
(b) APPELLATE REVIEW.—(1) Section 209(e) of the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 719)
is amended by striking paragraph (3) and inserting in lieu
thereof the following:
‘‘(3) An order or judgment of the United States Dis-
trict Court for the District of Columbia in any action re-
ferred to in this section shall be reviewable in accordance
with sections 1291, 1292, and 1294 of title 28, United
States Code.’’.
(2) Section 303 of the Regional Rail Reorganization
Act of 1973 (45 U.S.C. 743) is amended by striking out
subsection (d) and inserting in lieu thereof the following:
‘‘(d) APPEAL.—An order or judgment entered by the
United States District Court for the District of Columbia
pursuant to subsection (c) of this section or section 306 shall
be reviewable in accordance with sections 1291, 1292, and
1294 of title 28, United States Code.’’.
ceedings that arise or continue on or after such effective
date.
SEC. 706. EXCEPTION OF RESIDENCY REQUIREMENT FOR
DISTRICT 
JUDGES 
APPOINTED 
TO 
THE
SOUTHERN DISTRICT AND EASTERN DIS-
TRICT OF NEW YORK.
Section 134(b) of title 28, United States Code, is
amended—
(1) by inserting ‘‘the Southern District of New
York, and the Eastern District of New York,’’ after
‘‘the District of Columbia,’’;
(2) by inserting ‘‘or she’’ after ‘‘he’’; and
(3) by inserting at the end the following: ‘‘Each
district judge of the Southern District of New York
and the Eastern District of New York may reside
within 20 miles of the district for which he or she is
appointed.’’.
SEC. 707. CIVIL JUSTICE EXPENSE AND DELAY REDUCTION
PLANS.
(a) 
AUTHORIZATION
OF
ARBITRATION.—Section
473(a)(6)(B) of title 28, United States Code, is amended
by inserting ‘‘arbitration,’’ before ‘‘mediation’’.
(b) REPORT ON DEMONSTRATION PROGRAM.—Section
104(d) of the Civil Justice Reform Act of 1990 (28 U.S.C.
471 note) is amended by striking out ‘‘December 31, 1996,’’
and inserting in lieu thereof ‘‘June 30, 1997,’’.
(c) REPORT ON PILOT PROGRAM.—Section 105(c)(1)
of the Civil Justice Reform Act of 1990 (28 U.S.C. 471 note)
is amended by striking out ‘‘December 31, 1996,’’ and in-
serting in lieu thereof ‘‘June 30, 1997,’’.
SEC. 708. VENUE FOR TERRITORIAL COURTS.
(a) CHANGE OF VENUE.—Section 1404(d) of title 28,
United States Code, is amended to read as follows:
‘‘(d) As used in this section, the term ‘district court’
includes the District Court of Guam, the District Court for
the Northern Mariana Islands, and the District Court of
the Virgin Islands, and the term ‘district’ includes the terri-
torial jurisdiction of each such court.’’.
(b) CURE OR WAIVER OF DEFECTS.—Section 1406(c)
of title 28, United States Code, is amended to read as fol-
lows:
‘‘(c) As used in this section, the term ‘district court’
includes the District Court of Guam, the District Court for
the Northern Mariana Islands, and the District Court of
the Virgin Islands, and the term ‘district’ includes the terri-
torial jurisdiction of each such court.’’.
(c) APPLICABILITY.—The amendments made by this
section apply to cases pending on the date of the enactment
of this Act and to cases commenced on or after such date.