I
104TH CONGRESS
2D SESSION
H. R. 3968
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
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. Bankruptcy Administrator Program.
Sec. 205. Removal of cases against the United States and Federal officers or
agencies.
Sec. 206. Appeal route in civil cases decided by magistrate judges with consent.
Sec. 207. Reports by judicial councils relating to misconduct and disability or-
ders.
TITLE III—JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS,
AND PROTECTIONS
Sec. 301. Senior judge certification.
Sec. 302. Refund of contribution for deceased deferred annuitant under the Ju-
dicial Survivors’ Annuities System.
Sec. 303. Bankruptcy judges reappointment procedure.
Sec. 304. Technical correction related to commencement date of temporary
judgeships.
Sec. 305. Full-time status of court reporters.
Sec. 306. Court interpreters.
Sec. 307. Technical amendment related to commencement date of temporary
bankruptcy judgeships.
Sec. 308. Contribution rate for senior judges under the Judicial Survivors’ An-
nuities System.
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. Parties’ consent to bankruptcy judge’s findings and conclusions of
law.
Sec. 502. 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 of-
ficers 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. Extension of arbitration.
Sec. 709. 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 Direc-
tor 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 fol-
lowing new paragraph:
‘‘(13) If approved by the court, be authorized to
carry firearms under such regulations as the Direc-
tor 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 inca-
pacitated, absent, or otherwise unavailable to perform offi-
cial duties, the deputy clerks shall perform the duties of
the clerk in the name of the clerk. The court may des-
ignate 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. BANKRUPTCY ADMINISTRATOR PROGRAM.
(a) APPOINTMENT OF TRUSTEES.—Until the amend-
ments made by subtitle A of title II of the Bankruptcy
Judges, United States Trustees, and Family Farmer
Bankruptcy Act of 1986 (28 U.S.C. 581 note; Public Law
99–554; 100 Stat. 3097) become effective in a judicial dis-
trict and apply to a case, a bankruptcy administrator ap-
pointed to serve in the district pursuant to section
302(d)(3)(I) of such Act, as amended by section 317(a)
of the Federal Courts Study Committee Implementation
Act of 1990 (Public Law 101–650; 104 Stat. 5115), shall
appoint the trustees, examiners, and standing trustees
notwithstanding the references in title 11, United States
Code, to appointments by the court.
(b) STANDING TRUSTEES.—A bankruptcy adminis-
trator who has appointed a standing trustee pursuant to
subsection (a) of this section in a judicial district shall
fix the standing trustee’s maximum annual compensation
and percentage fee, subject to the limitations set forth in
sections 1202 and 1302 of title 11, United States Code
(as in effect for that judicial district), as modified by sec-
tion 110 of the Federal Employee Pay Comparability Act
of 1990 (Public Law 101–509; 104 Stat. 1427, 1452).
The bankruptcy administrator shall fix the maximum an-
nual compensation and percentage fee notwithstanding the
references in such sections 1202 and 1302 to the court’s
fixing them.
(c) SERVICE AS TRUSTEE.—A bankruptcy adminis-
trator described in subsection (a) appointed to serve in
a judicial district may serve as and perform the duties of
a trustee in a case under chapter 7 of title 11, United
States Code (as such chapter is in effect for such district),
if none of the members of the panel of private trustees
is disinterested and willing to serve as trustee in the case.
Any such bankruptcy administrator may serve as and per-
form the duties of a trustee or standing trustee in cases
under chapter 12 or chapter 13 of title 11, United States
Code (as such chapters are in effect for such district), if
necessary.
(d) APPOINTMENT
OF
COMMITTEES.—Until the
amendments made by subtitle A of title II of the Bank-
ruptcy Judges, United States Trustees, and Family Farm-
er Bankruptcy Act of 1986 become effective in a judicial
district and apply to a case, the bankruptcy administrator
appointed to serve in the district shall appoint the commit-
tees of creditors and equity security holders provided in
section 1102 of title 11, United States Code (as in effect
for such district). The bankruptcy administrator shall ap-
point the committees notwithstanding the references in
such section 1102 to appointments by the court.
SEC. 205. 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
thereof, 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 indi-
vidual capacity 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. 206. APPEAL ROUTE IN CIVIL CASES DECIDED BY
MAGISTRATE JUDGES WITH CONSENT.
Section 636 of title 28, United States Code, is
amended—
(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. 207. 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
judicial council shall submit a report to the Administrative
Office of the United States Courts on the number and na-
ture of orders entered under this section during the pre-
ceding calendar year that relate to judicial misconduct or
disability.’’.
TITLE III—JUDICIARY PERSON-
NEL ADMINISTRATION, BENE-
FITS, AND PROTECTIONS
SEC. 301. SENIOR JUDGE CERTIFICATION.
(a) RETROACTIVE CREDIT FOR RESUMPTION OF SIG-
NIFICANT WORKLOAD.—Section 371(f)(3) of title 28,
United States Code, is amended by striking out ‘‘is there-
after ineligible to receive such a certification.’’ and insert-
ing in lieu thereof ‘‘may thereafter receive a certification
for that year by satisfying the requirements of subpara-
graph (A), (B), (C), or (D) of paragraph (1) of this sub-
section in a subsequent year and attributing a sufficient
part of the work performed in such subsequent year to
the earlier year so that the work so attributed, when added
to the work performed during such earlier year, satisfies
the requirements for certification for that earlier year.
Notwithstanding the preceding sentence, a justice or judge
may not receive credit for the same work for purposes of
certification for more than 1 year.’’.
(b) AGGREGATION OF CERTAIN WORK FOR PARTIAL
YEARS.—Section 371(f)(1)(D) of title 28, United States
Code, is amended by adding at the end the following: ‘‘In
any year in which a justice or judge performs work de-
scribed under this subparagraph for less than the full
year, one-half of such work may be aggregated with work
described under subparagraph (A), (B), or (C) of this
paragraph for the purpose of the justice or judge satisfy-
ing the requirements of such subparagraph.’’.
SEC. 302. 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
salary’,’’ and inserting in lieu thereof ‘‘while receiving re-
tirement salary, or after filing an election and otherwise
complying with the conditions under subsection (b)(2) of
this section,’’.
SEC. 303. BANKRUPTCY JUDGES REAPPOINTMENT PROCE-
DURE.
Section 120 of the Bankruptcy Amendments and
Federal 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 Judi-
cial Conference of the United States.’’; and
(2) in subsection (b) by adding at the end
thereof the following: ‘‘All incumbent nominees seek-
ing reappointment thereafter may be considered for
such a reappointment, pursuant to a majority vote
of the judges of the appointing court of appeals,
under 
procedures 
authorized 
under 
subsection
(a)(3).’’.
SEC. 304. 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 judgeships filled shall be the judgeship created
under this subsection.’’.
SEC. 305. FULL-TIME STATUS OF COURT REPORTERS.
Section 753(e) of title 28, United States Code, is
amended by inserting after the first sentence the follow-
ing: ‘‘For the purposes of subchapter III of chapter 83
come final and the bankruptcy judge shall enter an appro-
priate order thereon.’’.
SEC. 502. 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 young-
est 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 sen-