I
104TH CONGRESS
2D SESSION
H. R. 4314
To make improvements in the operation and administration of the Federal
courts, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 1996
Mr. MOORHEAD (for himself and Mr. HYDE) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To make improvements in the operation and administration
of the Federal courts, and for other purposes.
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:
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 or-
ders.
Sec. 207. Consent to trial in certain criminal actions.
Sec. 208. Diversity jurisdiction.
TITLE III—JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS,
AND PROTECTIONS
Sec. 301. Refund of contribution for deceased deferred annuitant under the Ju-
dicial 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’ annu-
ities system.
Sec. 308. Senior judge certification.
Sec. 309. Prohibition against awards of costs, including attorney’s fees, and in-
junctive relief against a judicial officer.
TITLE IV—JUDICIAL FINANCIAL ADMINISTRATION
Sec. 401. Increase in civil action filing fee.
Sec. 402. Interpreter performance examination fees.
Sec. 403. Judicial panel on multidistrict litigation.
Sec. 404. Disposition of fees.
TITLE V—FEDERAL COURTS STUDY COMMITTEE
RECOMMENDATIONS
Sec. 501. Qualification of chief judge of Court of International Trade.
TITLE VI—PLACES OF HOLDING COURT
Sec. 601. Place of holding court in the Southern District of New York.
Sec. 602. Place of holding court in the district court of Utah.
TITLE VII—MISCELLANEOUS
Sec. 701. Participation in judicial governance activities by district, senior, and
magistrate judges.
Sec. 702. The director and deputy director of the administrative office as 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 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. 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. 205. 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. 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
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.’’.
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 in-
serting 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 sentenc-
ing 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
granted to the district court under chapter 403 of this
title. The magistrate judge may, in any other class B or
C misdemeanor case involving a juvenile in which consent
to trial before a magistrate judge has been filed under sub-
section (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
offense that is a class B misdemeanor charging a
motor vehicle offense, a class C misdemeanor, or an
infraction; and
‘‘(5) the power to enter a sentence for a class
A misdemeanor, or a class B or C misdemeanor not
covered by paragraph (4), in a case in which the
parties have consented.’’.
SEC. 208. DIVERSITY JURISDICTION.
(a) IN GENERAL.—Section 1332 of title 28, United
States Code, is amended—
(1) in subsection (a) by striking out ‘‘$50,000’’
and inserting in lieu thereof ‘‘$75,000’’; and
(2) in subsection (b) by striking out ‘‘$50,000’’
and inserting in lieu thereof ‘‘$75,000’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect 90 days after the date of the
enactment of this Act.
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
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. 302. 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. 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 judgeships filled shall be the judgeship created
under this subsection.’’.
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 follow-
ing: ‘‘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 sen-
tence.’’.
SEC. 305. COURT INTERPRETERS.
Section 1827 of title 28, United States Code, is
amended 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
proceeding, that such individual suffers from a hearing
impairment. The presiding judicial officer shall, subject to
the availability of appropriated funds, approve the com-
pensation and expenses payable to sign language inter-
preters appointed under this subsection in accordance with
the schedule of fees prescribed by the Director under sub-
section (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 ‘‘appointment 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 con-
sent 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
retired 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. 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 thereof the follow-
ing: ‘‘In any year in which a justice or judge performs
work described 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 sat-
isfying the requirements of such subparagraph.’’.
SEC. 309. PROHIBITION AGAINST AWARDS OF COSTS, IN-
CLUDING ATTORNEY’S FEES, AND INJUNC-
TIVE RELIEF AGAINST A JUDICIAL OFFICER.
(a) NONLIABILITY
FOR COSTS.—Notwithstanding
any other provision of law, no judicial officer shall be held
liable for any costs, including attorney’s fees, in any action
brought against such officer for an act or omission taken
in such officer’s judicial capacity, unless such action was
clearly in excess of such officer’s jurisdiction.
(b) PROCEEDINGS
IN
VINDICATION
OF
CIVIL
RIGHTS.—Section 722(b) of the Revised Statutes of the
United States (42 U.S.C. 1988(b)) is amended by insert-
ing before the period at the end thereof the following: ‘‘,
except that in any action brought against a judicial officer
for an act or omission taken in such officer’s judicial ca-
pacity, such officer shall not be held liable for any costs,
including attorney’s fees, unless such action was clearly
in excess of such officer’s jurisdiction’’.
(c) CIVIL ACTION FOR DEPRIVATION OF RIGHTS.—
Section 1979 of the Revised Statutes of the United States
(42 U.S.C. 1983) is amended by inserting before the pe-
riod at the end of the first sentence the following: ‘‘, except
that in any action brought against a judicial officer for
an act or omission taken in such officer’s judicial capacity,
injunctive relief shall not be granted unless a declaratory
decree was violated or declaratory relief was unavailable’’.
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 para-
graph (5) as paragraph (6) and inserting after paragraph
(4) the following new paragraph:
‘‘(5) If the Director of the Administrative Office of
the United States Courts finds it necessary to develop and
administer criterion-referenced performance examinations
for purposes of certification of interpreters, or other ex-
aminations for the selection of otherwise qualified inter-
preters, 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 consider the fees charged by other organiza-
tions for examinations that are similar in scope or nature.
Notwithstanding section 3302(b) of title 31, the Director
is authorized to provide 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. Not-
withstanding paragraph (6) of this subsection, all fees col-
lected 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 re-
main 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 provi-
sion which permits the contractor to collect and retain fees
in payment for contractual services in accordance with sec-
tion 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 Multidis-
trict Litigation.’’.
(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 INFORMA-
TION.—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
practice, 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 portion 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 deposited into the special fund of the Treasury
established under section 1931 of title 28, United States
Code.
(b) DISPOSITION OF BANKRUPTCY COMPLAINT FIL-
ING FEES.—For each fee collected for filing an adversary
complaint in a bankruptcy proceeding, as established in
Item 6 of the Bankruptcy Court Miscellaneous Fee Sched-
ule prescribed by the Judicial Conference of the United
States pursuant 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 estab-
lished 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 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-
ior 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 subpara-
graph (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 un-
less 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 pre-
side at any session of the court which such judge attends.
Other judges of the court shall have precedence and pre-
side according to the seniority of their commissions.
Judges whose commissions 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 quali-
fied 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 fol-
lowing:
‘‘258. Chief judges; precedence of judges.’’.
(c) APPLICATION.—(1) Notwithstanding the provi-
sions of section 258(a) of title 28, United States Code (as
added by subsection (a) of this section), the chief judge
of the United States Court of International Trade who is
in office on the day before the date of enactment of this
Act shall continue 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 loca-
tion as may be deemed appropriate.’’.
SEC. 602. PLACE OF HOLDING COURT IN THE DISTRICT
COURT OF UTAH.
(a) NORTHERN DIVISION.—Section 125(1) of title
28, United States Code, is amended by inserting ‘‘Salt
Lake City and’’ before ‘‘Ogden’’.
(b) CENTRAL DIVISION.—Section 125(2) of title 28,
United States Code, is amended by inserting ‘‘, Provo, and
St. George’’ after ‘‘Salt Lake City’’.
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 judi-
cial circuit shall be chosen by the circuit and district
judges of the circuit and shall serve as a member of the
Judicial Conference of the United States for a term of
not less than 3 successive years nor more than 5 succes-
sive years, as established by majority vote of all circuit
and district judges of the circuit. A district judge serving
as a member of the Judicial Conference may be either a
judge in regular active service or a judge retired from reg-
ular 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 Con-
ference of the United States, except that any circuit
or district judge so elected may be either a judge in
regular active 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 offi-
cers for purposes 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
System),’’ after ‘‘(relating to civil service retire-
ment),’’.
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 Colum-
bia. With respect 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 Co-
lumbia:
‘‘(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
Northeast 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
Privatization 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
subsection and section 605 of the Federal Courts
Improvement Act of 1996), Executive order, rule,
regulation, delegation of authority, or document of
or relating to the special court as established under
paragraph (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.’’.
(3) Section 1152 of the Northeast Rail Service Act
of 1981 (45 U.S.C. 1105) is amended by striking out sub-
section (b) and inserting in lieu thereof the following:
‘‘(b) APPEAL.—An order or judgment of the United
States District Court for the District of Columbia in any
action referred to in this section shall be reviewable in ac-
cordance with sections 1291, 1292, and 1294 of title 28,
United States Code.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 209 of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 719) is amended—
(A) in subsection (g) by inserting ‘‘or the Court
of Appeals for the District of Columbia Circuit’’
after ‘‘Supreme Court’’; and
(B) by striking out subsection (h).
(2) Section 305(d)(4) of the Regional Rail Reorga-
nization Act of 1973 (45 U.S.C. 745(d)) is amended by
striking out ‘‘a judge of the United States district court
with respect to such proceedings and such powers shall
include those of’’.
(3) Section 1135(a)(8) of the Northeast Rail Service
Act of 1981 (45 U.S.C. 1104(8)) is amended to read as
follows:
‘‘(8) ‘Special court’ means the judicial panel es-
tablished under section 209(b)(1) of the Regional
Rail Reorganization Act of 1973 (45 U.S.C.
719(b)(1)) or, with respect to any proceedings that
arise or continue after the panel is abolished pursu-
ant to section 209(b)(2) of such Act, the United
States District Court for the District of Columbia.’’.
(4) Section 1152 of the Northeast Rail Service Act
of 1981 (45 U.S.C. 1105) is further amended by striking
out subsection (d).
(d) PENDING CASES.—Effective 90 days after the
date of the enactment of this Act, any case pending in
the special court established under section 209(b) of the
Regional Rail Reorganization Act of 1973 (45 U.S.C.
719(b)) shall be assigned to the United States District
Court for the District of Columbia as though the case had
originally been filed in that court. The amendments made
by subsection (b) of this section shall not apply to any
final order or judgment entered by the special court for
which—
(1) a petition for writ of certiorari has been
filed before the date on which the special court is
abolished; or
(2) the time for filing a petition for writ of cer-
tiorari has not expired before that date.
(e) EFFECTIVE DATE.—The amendments made by
subsections (b) and (c) of this section shall take effect 90
days after the date of the enactment of this Act and, ex-
cept as provided in subsection (d), shall apply with respect
to proceedings that arise or continue on or after such ef-
fective 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.—Sec-
tion 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 inserting 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
territorial 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 follows:
‘‘(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
territorial jurisdiction of each such court.’’.
(c) APPLICABILITY.—The amendments made by this
section apply to cases pending on the date of the enact-
ment of this Act and to cases commenced on or after such
date.
Æ