Federal Courts Improvement Act of 1996
PL 104-317 (S.1887), enacted 10/19/1996

PUBLIC LAW 104-317—OCT. 19, 1996 
110 STAT. 3847 
Public Law 104-317 
104th Congress 
An Act 
To make improvements in the operation and administration of the Federal courts, 
Oct. 19, 1996 
and for other purposes. 
[g 1887] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Federal Courts 
Improvement Act 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
of 1996. 
(a) SHORT TITLE.—This Act may be cited as the "Federal Courts 28 use i note. 
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 UNJUDICIAL PROCESS IMPROVEMENTS 
Sec. 201. Duties of ma^strate judge on emergency assignment. 
Sec. 202. Consent to trial in certain criminal actions. 
Sec. 203. Registration of judgments for enforcement in other districts. 
Sec. 204. Vacancy in clerk position; absence of clerk. 
Sec. 205. Diversity jurisdiction. 
Sec. 206. Removal of cases against the United States and Federal officers or agen-
cies. 
Sec. 207. Appeal route in civil cases decided by magistrate judges with consent. 
Sec. 208. Reports by judicial councils relating to misconduct and disability orders. 
TITLE I I I N J U D I C L V R Y PERSONNEL ADMINISTRATION, BENEFITS, AND 
PROTECTIONS 
Sec. 301. Senior judge certification. 
Sec. 302. Refund of contribution for deceased deferred annuitant under the Judicial 
Survivors' Annuities System. 
Sec. 303. Bankruptcy judges reappointment procedure. 
Sec. 304. Technical correction related to commencement date of temporary judge-
ships. 
Sec. 305. Full-time status of court reporters. 
Sec. 306. Court interpreters. 
Sec. 307. Technical amendment related to commencement date of temporary bank-
ruptcy judgeships. 
Sec. 308. Contribution rate for senior judges under the judicial survivors' annuities 
system. 
Sec. 309. Prohibition against awards of costs, including attorney's fees, and iiyunc-
tive relief against a judicial officer. 
TITLE IV-^UDICLU. 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. 
110 STAT. 3848 
PUBLIC LAW 104-317—OCT. 19, 1996 
TITLE VI—MISCELLANEOUS 
Sec. 601. Participation in judicial governance activities by district, senior, and mag-
istrate judges. 
Sec. 602. The Director and Deputy Director of the administrative office as officers 
of the United States. 
Sec. 603. Removal of action from State court. 
Sec. 604. Federal judicial center employee retirement provisions. 
Sec. 605. Abolition of the special court. Regional Rail Reorganization Act of 1973. 
Sec. 606. Place of holding court in the District Court of Utah. 
Sec. 607. Exception of residency requirement for district judges appointed to the 
Southern District and Eastern District of New York. 
Sec. 608. Extension of civil justice expense and delay reduction reports on dem-
onstration and pilot programs. 
Sec. 609. Place of holding court m the Southern District of New York. 
Sec. 610. Venue for territorial courts. 
TITLE I—CRIMINAL LAW AND CRIMINAL 
JUSTICE AMENDMENTS 
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 paragraph (8)(B); 
(2) by redesignating paragraph (9) as paragraph (10); and 
(3) by inserting after paragraph (8) the following new para-
graph: 
"(9) if approved by the district court, be authorized to 
carry firearms under such rules and 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 paragraph (14); 
and 
(2) by inserting after paragraph (12) the following new 
paragraph: 
'X13) If approved by the district court, be authorized to 
carry firearms under such rules and regulations as the Director 
of the Administrative Office of the United States Courts may 
prescribe.". 
TITLE II—JUDICIAL PROCESS 
IMPROVEMENTS 
S E C . 201. DUTIES OF MAGISTRATE JUDGE ON EMERGENCY ASSIGN-
MENT. 
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. CONSENT TO TRIAL IN CERTAIN CRIMINAL ACTIONS. 
(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 misdemeanor, or an infraction," after "mis-
demesmor"; 
PUBLIC LAW 104-317—OCT. 19, 1996 
110 STAT. 3849 
(B) in the second sentence by inserting "judge" after "mag-
istrate" each place it appears; 
(C) by striking out the third sentence and inserting in 
Ueu thereof the following: "The magistrate judge may not pro-
ceed to try the case unless the defendant, after such expla-
nation, expressly consents to be tried before the magistrate 
judge and expressly and specifically waives trial, judgment, 
£ind 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 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 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 paragraph (3) 
and inserting in lieu thereof a semicolon; and 
(2) by striking out paragraph (4) and inserting the follow-
ing: 
"(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 mis-
demeanor, or a class B or C misdemeanor not covered by 
paragraph (4), in a case in which the parties have consented.". 
SEC. 203. REGISTRATION OF JUDGMENTS FOR ENFORCEMENT 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 inserting in 
lieu thereof "court of appeals, district court, bankruptcy 
court,"; and 
(B) by striking out "such judgment" and inserting in 
lieu thereof "the judgment"; and 
(3) by adding at the end thereof the following new undesig-
nated paragraph: 
"The procedure prescribed under this section is in addition 
to other procedures provided by law for the enforcement of judg-
ments.". 
110 STAT. 3850 
PUBLIC LAW 104-317—OCT. 19, 1996 
(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. 204. VACANCY IN CLERK POSITION; ABSENCE OF CLERK 
(a) IN GENERAL.—Section 954 of title 28, United States Code, 
is aniended 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. 206. 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". 
28USC1332 
(b) EFFECTIVE DATE.—The amendment made by this section 
iiote. 
shall take effect 90 days after the date of enactment of this Act. 
SEC. 206. REMOVAL OF CASES AGAINST THE UNITED STATES AND 
FEDERAL OFFICERS OR AGENCIES. 
(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 sucn 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 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 and agencies sued or prosecuted.". 
SEC. 207. APPEAL ROUTE IN CIVIL CASES DECIDED BY MAGISTRATE 
JUDGES WITH CONSENT. 
Section 636 of title 28, United States Code, is amended— 
PUBLIC LAW 104-317—OCT. 19, 1996 
110 STAT. 3851 
(1) in subsection (c)— 
(A) in paragraph (3) by striking out "In this cir-
cumstance, the" and inserting in heu thereof "The"; 
(B) by striking out paragraphs (4) and (5); and 
(C) by redesignating paragraphs (6) and (7) as para-
graphs (4) and (5); and 
(2) in subsection (d) by striking out ", and for the taking 
and hearing of appeals to the district courts,". 
SEC. 208. REPORTS BY JUDICIAL COUNCILS RELATING TO MIS-
CONDUCT 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 nature of orders entered under 
this section during the preceding calendar year that relate to 
judicial misconduct or disability.". 
TITLE III—JUDICIARY PERSONNEL AD-
MINISTRATION, BENEFITS, AND PRO-
TECTIONS 
SEC. 301. SENIOR JUDGE CERTIFICATION. 
(a) 
RETROACTIVE CREDIT FOR RESUMPTION OF SIGNIFICANT 
WORKLOAD.—Section 371(f)(3) of title 28, United States Code, is 
amended by striking out "is thereafter ineligible to receive such 
a certification." and inserting in lieu thereof "may thereafter receive 
a certification for that year by satisfying the requirements of 
subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection 
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 year. However, 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) of title 28, United States Code, is amended by 
adding at the end of subparagraph (D) the following: "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 satisfying the requirements of such subparagraph.". 
SEC. 302. REFUND OF CONTRIBUTION FOR DECEASED DEFERRED 
ANNUITANT UNDER THE JUDICIAL SURVIVORS' ANNUITIES 
SYSTEM. 
Section 376(o)(l) of title 28, United States Code, is amended 
by striking out "or while receiving 'retirement salary*," and inserting 
in lieu thereof "while receiving retirement salary, or after filing 
an election and otherwise complying with the conditions under 
subsection (b)(2) of this section,". 
110 STAT. 3852 
PUBLIC LAW 104-317—OCT. 19, 1996 
SEC. 
303. 
BANKRUPTCY 
JUDGES 
REAPPOINTMENT 
PROCEDURE. 
Section 120 of the Bankruptcy Amendments and Federal Judge-
28 use 152 note, ship Act of 1984 (Pubhc Law 98-353; 98 Stat. 344), 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 pre-
scribed 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 reappointment 
thereafter may be considered for such a reappointment, pursu-
ant 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 COMMENCEMENT 
DATE OF TEMPORARY JUDGESHIPS. 
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 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 fiill-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. 306. COURT INTERPRETERS. 
Section 1827 of title 28, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(1) Notwithstanding any other provision of this section or sec-
tion 1828, the presiding judicial officer may appoint a certified 
or otherwise qualified sign language interpreter to provide services 
to a party, witness, or other participant in a judicial proceeding, 
whether or not the proceeding 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 fi*om a hearing impairment. 
The presiding judicial officer shall, subject to the availability of 
appropriated funds, approve the compensation and expenses pay-
able to sign language interpreters appointed under this section 
in accordance with the schedule of fees prescribed by the Director 
under subsection (b)(3) of this section.", 
SEC. 307. TECHNICAL AMENDMENT RELATED TO COMMENCEMENT 
DATE OF TEMPORARY BANKRUPTCY 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". 
PUBLIC LAW 104-317—OCT. 19, 1996 
110 STAT. 3853 
SEC. 308. CONTRIBUTION RATE FOR SENIOR JUDGES UNDER THE 
JUDICIAL SURVIVORS' ANNUITIES 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 notification 
of his or her intention to come within the purview of this section, 
in accordance with paragraph (1) of subsection (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 retire-
ment salary. The deduction from any retirement salary— 
"(A) of a justice or judge of the United States retired 
fi'om 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 salary.". 
SEC. 309. PROHIBITION AGAINST AWARDS OF COSTS, INCLUDING 
ATTORNEY'S FEES, AND INJUNCTIVE RELIEF AGAINST A 
JUDICIAL OFFICER. 
(a) 
NONLIABILITY FOR COSTS.—Notwithstanding any other 
28 use 2412 
provision of law, no judicial officer shall be held liable for any note. 
costs, including attorney's fees, in any action brought against such 
officer for £in 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 (42 U.S.C. 1988(b)) is amended 
by inserting before the period at the end thereof ", except that 
in any action brought against a judicial officer for an act or omission 
taken in such officer's judicial capacity 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 (42 U.S.C. 1983) is amended by inserting 
before the period at the end of the first sentence: ", 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)— 
110 STAT. 3854 
PUBLIC LAW 104-317—OCT. 19, 1996 
(A) by striking out "$120" and inserting in lieu thereof 
"$150"; and 
(B) by striking out "$60" and inserting in lieu thereof 
"$90". 
28 use 1914 
(c) EFFECTIVE DATE.—This section shall take effect 60 days 
note. 
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 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, 
or other examinations 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 organizations for examinations that are 
similar in scope or nature. Notwithstsmding section 3302(b) of title 
31, the Director is authorized to provide in any contract or agree-
ment 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 pa3anent 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 imtil expended.". 
28USC1827 
(b) PAYMENT FOR CONTRACTUAL SERVICES.—Notwithstanding 
note. 
sections 3302(b), 1341, and 1517 of title 31, United States Code, 
the Director of the Administrative Office of the United States Courts 
may include in any contract for the development or administration 
of examinations 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 pa3nnent 
for contractu£d 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 1931 the following new 
section: 
'*§ 1932. 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 Pemel on Multidistrict 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: 
"1932. 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". 
PUBLIC LAW 104-317—OCT. 19, 1996 
110 STAT. 3855 
SEC. 404. DISPOSITION OF FEES. 
28 USC 1931 
(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 shedl 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 FILING FEES.— 
For each fee collected for filing an adversary complaint in a bank-
ruptcy proceeding, as established in Item 6 of the Bankruptcy 
Court Miscellaneous Fee Schedule prescribed by the Judicial Con-
ference 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 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 RECOMMENDATIONS 
SEC. 501. QUALIFICATION OF CHIEF JUDGE OF COURT OF INTER-
NATIONAL 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) £ire 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 imder 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 imtil another 
judge is eligible under paragraph (1) to serve as chief judge. 
• 2 : QL 3 Part 6 
110 STAT. 3856 
PUBLIC LAW 104-317—OCT. 19, 1996 
"(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 according to the senior-
ity 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 such, such duties shall be performed by the judge of the court 
in active service, able and qualified to act, who is next in prece-
dence.". 
(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 section 253 to 
read as follows: 
"253. Duties of chief judge."; 
and 
(B) by adding at the end thereof the following: 
"258. Chief judges; precedence of judges.". 
28 use 258 note. 
(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 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 termi-
nated. 
(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 
PUBLIC LAW 104-317—OCT. 19, 1996 
110 STAT. 3857 
International Trade shall be filled in accordance with section 258(a) 
of title 28, United States Code. 
TITLE VI—MISCELLANEOUS 
SEC. 601. PARTICIPATION IN JUDICIAL GOVERNANCE ACTIVITIES BY 
DISTRICT, SENIOR, AND MAGISTRATE JUDGES. 
(a) JUDICIAL CONFERENCE OF THE UNITED STATES.—Section 
331 of title 28, United States Code, is amended by striking out 
the second undesignated paragraph 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 Conference of the 
United States for a term of not less than 3 successive years nor 
more than 5 successive 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 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 
Einy 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 "retirement," and 
inserting in lieu thereof "retirement pursuant to section 371(a) 
or section 372(a) of this title,". 
SEC. 602. THE DIRECTOR AND DEPUTY DIRECTOR OF THE ADMINIS-
TRATIVE 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 purposes of title 5, 
United States Code.". 
SEC. 603. REMOVAL OF ACTION FROM STATE COURT. 
Section 1446(c)(1) of title 28, United States Code, is amended 
by striking out "petitioner" £ind inserting in lieu thereof "defendant 
or defendants". 
SEC. 604. FEDERAL JUDICIAL CENTER EMPLOYEE RETIREMENT 
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 retirement),". 
110 STAT. 3858 
PUBLIC LAW 104-317—OCT. 19, 1996 
SEC. 605. 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 para-
graph: 
Effective date. 
"(2) The special court referred to in paragraph (1) of this sub-
section is abolished effective 90 days after the date of 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 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 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 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 previously 
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 
out the paragraph following paragraph (2) and inserting in lieu 
thereof the following: 
"(3) 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 accordance with sections 1291, 1292, sind 
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.". 
PUBLIC LAW 104-317—OCT. 19, 1996 
110 STAT. 3859 
(3) Section 1152 of the Northeast Rail Service Act of 1981 
(45 U.S.C. 1105) is amended by striking out subsection (b) and 
inserting in lieu thereof the following: 
"(b) APPEAL.—^An order or judgment of the United States Dis-
trict Court for the District of Columbia in any action referred 
to in this section shall be reviewable in accordance 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 farther amended— 
(A) in subsection (g) by inserting "or 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 Reorganization 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 
Eind 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' mesms the judicial panel established 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 pursuant 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 enact- Effective date. 
ment of this Act, any case pending in the special court established 
45 USC 719 note. 
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 certiorari has 
not expired before that date. 
(e) EFFECTIVE DATE.—The amendments made by subsections 
45 use 719 note, 
(b) and (c) of this section shall take effect 90 days after the date 
of enactment of this Act and, except as provided in subsection 
(d), shall apply with respect to proceedings that arise or continue 
after such effective date. 
SEC. 606. 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". 
110 STAT. 3860 
PUBLIC LAW 104-317—OCT. 19, 1996 
SEC. 607. EXCEPTION OF RESIDENCY REQUIREMENT FOR DISTRICT 
JUDGES APPOINTED TO THE SOUTHERN DISTRICT AND 
EASTERN DISTRICT OF NEW YORK. 
Section 134(b) of title 28, United States Code, is amended— 
(1) by inserting "the Southern District of New York, gind 
the Eastern District of New York," after "the District of Colum-
bia,"; and 
(2) 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 
to which he or she is appointed.". 
SEC. 608. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY REDUC-
TION REPORTS ON DEMONSTRATION AND PILOT PRO-
GRAMS. 
(a) DEMONSTRATION PROGRAM.—Section 104(d) of the Civil Jus-
tice 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,". 
(b) 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. 609. 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 appro-
priate.". 
SEC. 610. 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.". 
PUBLIC LAW 104-317—OCT. 19, 1996 
110 STAT. 3861 
(c) APPLICABILITY.—The amendments made by this section 
28 use 1404 
apply to cases pending on the date of the enactment of this Act J^o^e. 
and to cases commenced on or after such date. 
Approved October 19, 1996. 
LEGISLATIVE HISTORY—S. 1887: 
SENATE REPORTS: No. 104-366 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Oct. 3, considered and passed Senate. 
Oct. 4, considered and passed House.