[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1887 Reported in Senate (RS)]
Calendar No. 547
104th CONGRESS
2d Session
S. 1887
_______________________________________________________________________
A BILL
To make improvements in the operation and administration of the Federal
courts, and for other purposes.
_______________________________________________________________________
July 30, 1996
Reported with amendments
Calendar No. 547
104th CONGRESS
2d Session
S. 1887
To make improvements in the operation and administration of the Federal
courts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 19, 1996
Mr. Grassley (for himself, Mr. Hatch, and Mr. Heflin) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
July 30, 1996
Reported by Mr. Hatch, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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 Representatives 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.
Sec. 102. Tort Claims Act amendments relating to liability of Federal
public defenders.
TITLE II--JUDICIAL PROCESS IMPROVEMENTS
Sec. 201. Duties of magistrate judge on emergency assignment.
Sec. 202. Consent to trial in certain criminal actions.
Sec. 203. Venue in civil actions.
Sec. 204. Registration of judgments for enforcement in other districts.
Sec. 205. Vacancy in clerk position; absence of clerk.
Sec. 206. Diversity jurisdiction.
Sec. 207. Bankruptcy Administrator Program.
Sec. 208. Removal of cases against the United States and Federal
officers or agencies.
Sec. 209. Appeal route in civil cases decided by magistrate judges with
consent.
Sec. 210. Reports by judicial councils relating to misconduct and
disability orders.
Sec. 211. Protective orders; sealing of cases; disclosure of
information.
TITLE III--JUDICIARY 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. Judicial administrative officials retirement matters.
Sec. 304. Bankruptcy judges reappointment procedure.
Sec. 305. Carrying of firearms.
Sec. 306. Technical correction related to commencement date of
temporary judgeships.
Sec. 307. Full-time status of court reporters.
Sec. 308. Court interpreters.
Sec. 309. Technical amendment related to commencement date of temporary
bankruptcy judgeships.
Sec. 310. Contribution rate for senior judges under the judicial
survivors' annuities system.
Sec. 311. Prohibition against awards of costs, including attorneys
fees, and injunctive 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. Parties' consent to bankruptcy judge's findings and
conclusions of law.
Sec. 502. Qualification of Chief Judge of Court of International Trade.
Sec. 503. Judicial cost-of-living adjustments.
TITLE VI--MISCELLANEOUS
Sec. 601. Participation in judicial governance activities by district,
senior, and magistrate 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 pilot and demonstration
programs.
Sec. 609. Extension of arbitration.
Sec. 610. State Justice Institute.
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
paragraph:
``(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:
``(13) 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.''.
SEC. 102. TORT CLAIMS ACT AMENDMENTS RELATING TO LIABILITY OF FEDERAL
PUBLIC DEFENDERS.
Section 2680 of title 28, United States Code, is amended by adding
at the end thereof the following new subsection:
``(o) Any claim for money damages for injury, loss of liberty, loss
of property, or personal injury or death arising from malpractice or
negligence of an officer or employee of a Federal Public Defender
Organization in furnishing representational services under section
3006A of title 18.''.
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. 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) by inserting ``, other than a petty offense,'' in the
first sentence after ``misdemeanor''; and
(B) by striking out the third sentence and inserting in
lieu thereof the following: ``The magistrate judge may not
proceed to try the case unless the defendant, after such
explanation, expressly consents to be tried before the
magistrate judge and expressly and specifically waives trial,
judgment, and sentencing by a district judge. Any such consent
and waiver shall be made in writing or orally on the record.''.
(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, 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;
(2) by redesignating paragraph (4) as paragraph (5) and by
striking out ``or infraction'' in such paragraph and inserting
in lieu thereof ``, other than a petty offense,''; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) the power to enter a sentence for a petty offense;
and''.
SEC. 203. VENUE IN CIVIL ACTIONS.
(a) In General.--Section 1392 of title 28, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 1392. Property in different districts in same State'';
(2) by striking out subsection (a); and
(3) in subsection (b) by striking out ``(b)''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 87 of title 28, United States Code, is amended by amending the
item relating to section 1392 to read as follows:
``1392. Property in different districts in same State.''.
SEC. 204. 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:
``Sec. 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
undesignated paragraph:
``The procedure prescribed under this section is in addition to
other procedures provided by law for the enforcement 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. 205. VACANCY IN CLERK POSITION; ABSENCE OF CLERK.
(a) In General.--Section 954 of title 28, United States Code, is
amended to read as follows:
``Sec. 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''.
(b) Effective Date.--The amendment made by this section shall take
effect 90 days after the date of enactment of this Act.
SEC. 207. BANKRUPTCY ADMINISTRATOR PROGRAM.
(a) Appointment of Trustees.--Until the amendments 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 district and
apply to a case, a bankruptcy administrator appointed 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 those sections of title 11, United States Code, to
appointments by the court.
(b) Standing Trustees.--A bankruptcy administrator who has
appointed a standing trustee pursuant to subsection (a) of this section
shall fix the standing trustee's maximum annual compensation and
percentage fee, subject to the limitations set out in sections 1202 and
1302 of title 11, United States Code, as amended by section 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
annual compensation and percentage fee notwithstanding the references
in those sections of title 11, United States Code, to the court's
fixing them.
(c) Service as Trustee.--A bankruptcy administrator may serve as
and perform the duties of a trustee in a case under chapter 7 of title
11, United States Code, if none of the members of the panel of private
trustees is disinterested and willing to serve as trustee in the case.
A bankruptcy administrator may serve as and perform the duties of a
trustee or standing trustee in cases under chapter 12 or chapter 13 of
title 11, United States Code, if necessary.
(d) Appointment of Committees.--Until the amendments made by
subtitle A of title II of the Bankruptcy Judges, United States
Trustees, and Family Farmer 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 committees of
creditors and equity security holders provided in section 1102 of title
11, United States Code. The bankruptcy administrator shall appoint the
committees notwithstanding the references in those sections of title
11, United States Code, to appointments by the court.
SEC. 208. 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 such
office'' and inserting in lieu thereof ``The United
States or any agency thereof or any officer (or any
person acting under that officer) of the United States
or of any agency thereof, sued in an official or
individual 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. 209. 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. 210. 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 nature of orders entered under this section
during the preceding calendar year that relate to judicial misconduct
or disability.''.
SEC. 211. PROTECTIVE ORDERS; SEALING OF CASES; DISCLOSURE OF
INFORMATION.
(a) Short Title.--This section may be cited as the ``Sunshine in
Litigation Act of 1996''.
(b) Protective Orders and Sealing of Cases and Settlements Relating
to Public Health or Safety.--Chapter 111 of title 28, United States
Code, is amended by adding at the end thereof the following new
section:
``Sec. 1659. Protective orders and sealing of cases and settlements
relating to public health or safety
``(a)(1) A court shall enter an order under rule 26(c) of the
Federal Rules of Civil Procedure restricting the disclosure of
information obtained through discovery or an order restricting access
to court records in a civil case only after making particularized
findings of fact that--
``(A) such order would not restrict the disclosure of
information which is relevant to the protection of public
health or safety; or
``(B)(i) the public interest in disclosure of potential
health or safety hazards is clearly outweighed by a specific
and substantial interest in maintaining the confidentiality of
the information or records in question; and
``(ii) the requested protective order is no broader than
necessary to protect the privacy interest asserted.
``(2) No order entered in accordance with the provisions of
paragraph (1) shall continue in effect after the entry of final
judgment, unless at or after such entry the court makes a separate
particularized finding of fact that the requirements of paragraph (1)
(A) or (B) have been met.
``(b) The party who is the proponent for the entry of an order, as
provided under this section, shall have the burden of proof in
obtaining such an order.
``(c)(1) No agreement between or among parties in a civil action
filed in a court of the United States may contain a provision that
prohibits or otherwise restricts a party from disclosing any
information relevant to such civil action to any Federal or State
agency with authority to enforce laws regulating an activity relating
to such information.
``(2) Any disclosure of information to a Federal or State agency as
described under paragraph (1) shall be confidential to the extent
provided by law.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 28, United States Code, is amended by adding after
the item relating to section 1658 the following:
``1659. Protective orders and sealing of cases and settlements relating
to public health or safety.''.
(d) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of the enactment of this Act and shall
apply only to orders entered in civil actions or agreements entered
into on or after such date.
TITLE III--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND
PROTECTIONS
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)(1) 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,''.
SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT MATTERS.
(a) Director of the Administrative Office of the United States
Courts.--(1) Section 611(b) of title 28, United States Code, is
amended--
(A) in the first undesignated paragraph by striking out
``who has served at least fifteen years and'' and inserting in
lieu thereof ``who has at least 15 years of service and has'';
and
(B) in the second undesignated paragraph by striking out
``who has served at least ten years,'' and inserting in lieu
thereof ``who has at least 10 years of service,''.
(2) Section 611(c) of title 28, United States Code, is amended--
(A) by striking out ``served at least fifteen years,'' and
inserting in lieu thereof ``at least 15 years of service,'';
and
(B) by striking out ``served less than fifteen years,'' and
inserting in lieu thereof ``less than 15 years of service,''.
(3) Section 611(d) of title 28, United States Code, is amended by
inserting ``a congressional employee in the capacity of primary
administrative assistant to a Member of Congress or in the capacity of
staff director or chief counsel for the majority or the minority of a
committee or subcommittee of the Senate or House of Representatives,''
after ``Congress,''.
(b) Employees of the Administrative Office of the United States
Courts.--(1) Section 627(c) of title 28, United States Code, is
amended--
(A) in the first undesignated paragraph by striking out
``who has served at least fifteen years and'' and inserting in
lieu thereof ``who has at least 15 years of service and has'';
and
(B) in the second undesignated paragraph by striking out
``who has served at least ten years,'' and inserting in lieu
thereof ``who has at least 10 years of service,''.
(2) Section 627(d) of title 28, United States Code, is amended--
(A) by striking out ``served at least fifteen years,'' and
inserting in lieu thereof ``at least 15 years of service,'';
and
(B) by striking out ``served less than fifteen years,'' and
inserting in lieu thereof ``less than 15 years of service,''.
(3) Section 627(e) of title 28, United States Code, is amended by
inserting ``a congressional employee in the capacity of primary
administrative assistant to a Member of Congress or in the capacity of
staff director or chief counsel for the majority or the minority of a
committee or subcommittee of the Senate or House of Representatives,''
after ``Congress,''.
SEC. 304. BANKRUPTCY JUDGES REAPPOINTMENT PROCEDURE.
Section 120 of the Bankruptcy Amendments and Federal Judgeship Act
of 1984 (Public 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 prescribed by
regulations issued by the Judicial Conference of the United States.'';
and
(2) in subsection (b) by adding at the end thereof the
following: ``All incumbent nominees seeking 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. 305. CARRYING OF FIREARMS.
(a) In General.--Chapter 21 of title 28, United States Code, is
amended by adding at the end thereof the following new section:
``Sec. 464. Carrying of firearms by judicial officers
``(a) A judicial officer of the United States is authorized to
carry firearms, whether concealed or not, under regulations promulgated
by the Judicial Conference of the United States.
<DELETED> ``(b) A judicial officer of the United States is immune
from civil liability when possessing or using a firearm, for the
purpose of self defense, under the authority of this section and in
accordance with Judicial Conference regulation.</DELETED>
<DELETED> ``(c) For purposes of this section, the term `judicial
officer of the United States' means--</DELETED>
<DELETED> ``(1) a justice or judge of the United States as
defined in section 451 of this title;</DELETED>
<DELETED> ``(2) a United States bankruptcy judge;</DELETED>
<DELETED> ``(3) a full-time or part-time United States
magistrate judge;</DELETED>
<DELETED> ``(4) a judge of the United States Court of
Federal Claims;</DELETED>
<DELETED> ``(5) a judge of the United States District Court
of Guam;</DELETED>
<DELETED> ``(6) a judge of the United States District Court
for the Northern Mariana Islands;</DELETED>
<DELETED> ``(7) a judge of the United States District Court
of the Virgin Islands; or</DELETED>
<DELETED> ``(8) an individual who is receiving a retirement
annuity based on service in any of the judicial positions
described under paragraphs (1) through (7).''.</DELETED>
``(b)(1) The regulations promulgated by the Judicial Conference
under subsection (a) shall--
``(A) require a demonstration of a judicial officer's
proficiency in the use and safety of firearms as a prerequisite
to the carrying of firearms under the authority of this
section; and
``(B) make appropriate provisions for the carrying of
firearms by judicial officers who are under the protection of
United States Marshals while away from United States
courthouses.
``(2) On the request of the Judicial Conference, the Department of
Justice (including each agency of the Department) shall cooperate with
the Judicial Conference in providing firearms training and other
services to assist judicial officers in securing such proficiency.
``(c) For purposes of this section, the term `judicial officer of
the United States' means--
``(1) a justice or judge of the United States as defined in
section 451 of this title in regular active or retired from
regular active service;
``(2) a justice or judge of the United States who has
retired from the judicial office under section 371(a) of this
title for--
``(A) a 1-year period following such justice's or
judge's retirement; or
``(B) a longer period of time if approved by the
Judicial Conference of the United States when
exceptional circumstances warrant;
``(3) a United States bankruptcy judge;
``(4) a full-time or part-time United States magistrate
judge;
``(5) a judge of the United States Court of Federal Claims;
``(6) a judge of the United States District Court of Guam;
``(7) a judge of the United States District Court for the
Northern Mariana Islands;
``(8) a judge of the United States District Court of the
Virgin Islands; or
``(9) an individual who is retired from one of the judicial
positions described under paragraphs (3) through (8) to the
extent provided for in regulations of the Judicial Conference
of the United States.
``(d) Notwithstanding section 46303(c)(1) of title 49, nothing in
this section authorizes a judicial officer of the United States to
carry a dangerous weapon on an aircraft or other common carrier.''
(b) Technical and Conforming Amendment.--The table of sections for
chapter 21 of title 28, United States Code, is amended by adding at the
end thereof the following:
``464. Carrying of firearms by judicial officers.''.
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of the enactment of this Act.
SEC. 306. 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. 307. FULL-TIME STATUS OF COURT REPORTERS.
Section 753(e) of title 28, United States Code, is amended by
inserting after the first sentence the following: ``For the purposes of
subchapter III of chapter 83 of title 5 and chapter 84 of such title, a
reporter shall be considered a full-time employee during any pay period
for which a reporter receives a salary at the annual salary rate fixed
for a full-time reporter under the preceding sentence.''.
SEC. 308. 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 section or
section 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 from a hearing impairment. The presiding
judicial officer shall, subject to the availability of appropriated
funds, approve the compensation and expenses payable 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. 309. 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''.
SEC. 310. 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 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 salary.''.
SEC. 311. PROHIBITION AGAINST AWARDS OF COSTS, INCLUDING ATTORNEY'S
FEES, AND INJUNCTIVE 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 (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)--
(A) by striking out ``$120'' and inserting in lieu
thereof ``$150''; and
(B) by striking out ``$60'' and inserting in lieu
thereof ``$90''.
(c) Effective Date.--This section shall take effect 60 days after
the date of the enactment of this Act.
SEC. 402. INTERPRETER PERFORMANCE EXAMINATION FEES.
(a) In General.--Section 1827(g) of title 28, United States Code,
is amended by redesignating paragraph (5) as paragraph (6) and
inserting after paragraph (4) the 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
interpreters, the Director may prescribe for each examination a uniform
fee for applicants to take such examination. In determining the rate of
the fee for each examination, the Director shall consider the fees
charged by other organizations 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. Notwithstanding paragraph (6) of this
subsection, all fees collected after the effective date of this
paragraph and not retained by a contractor shall be deposited in the
fund established under section 1931 of this title and shall remain
available until expended.''.
(b) Payment for Contractual Services.--Notwithstanding 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 payment for contractual services in
accordance with section 1827(g)(5) of title 28, United States Code.
SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION.
(a) In General.--(1) Chapter 123 of title 28, United States Code,
is amended by adding after section 1931 the following new section:
``Sec. 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 Panel 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''.
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 Filing 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
Schedule 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 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. PARTIES' CONSENT TO BANKRUPTCY JUDGE'S FINDINGS AND
CONCLUSIONS OF LAW.
Section 157(c)(1) of title 28, United States Code, is amended to
read as follows:
``(c)(1) A bankruptcy judge may hear a proceeding that is not a
core proceeding but that is otherwise related to a case under title 11.
In such proceeding, the bankruptcy judge shall submit proposed findings
of fact and conclusions of law to the district court, and any final
order or judgment shall be entered by the district judge after
considering the bankruptcy judge's proposed findings and conclusions
and after reviewing de novo those matters to which any party has timely
and specifically objected. A party shall be deemed to consent to the
findings of fact and conclusions of law submitted by a bankruptcy judge
unless the party files a timely objection. If a timely objection is not
filed, the proposed findings of fact and conclusions of law submitted
by the bankruptcy judge shall become final and the bankruptcy judge
shall enter an appropriate 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:
``Sec. 258. Chief judges; precedence of judges
``(a)(1) The chief judge of the Court of International Trade shall
be the judge of the court in regular active service who is senior in
commission of those judges who--
``(A) are 64 years of age or under;
``(B) have served for 1 year or more as a judge of the
court; and
``(C) have not served previously as chief judge.
``(2)(A) In any case in which no judge of the court meets the
qualifications under paragraph (1), the youngest judge in regular
active service who is 65 years of age or over and who has served as a
judge of the court for 1 year or more shall act as the chief judge.
``(B) In any case under subparagraph (A) in which there is no judge
of the court in regular active service who has served as a judge of the
court for 1 year or more, the judge of the court in regular active
service who is senior in commission and who has not served previously
as chief judge shall act as the chief judge.
``(3)(A) Except as provided under subparagraph (C), the chief judge
serving under paragraph (1) shall serve for a term of 7 years and shall
serve after expiration of such term until another judge is eligible
under paragraph (1) to serve as chief judge.
``(B) Except as provided under subparagraph (C), a judge of the
court acting as chief judge under subparagraph (A) or (B) of paragraph
(2) shall serve until a judge meets the qualifications under paragraph
(1).
``(C) No judge of the court may serve or act as chief judge of the
court after attaining the age of 70 years unless no other judge is
qualified to serve as chief judge under paragraph (1) or is qualified
to act as chief judge under paragraph (2).
``(b) The chief judge shall have precedence and preside at any
session of the court which such judge attends. Other judges of the
court shall have precedence and preside 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 such, such duties shall be performed by the judge of the court in
active service, able and qualified to act, who is next in
precedence.''.
(b) Technical and Conforming Amendments.--Chapter 11 of title 28,
United States Code, is amended--
(1) in section 251 by striking out subsection (b) and
redesignating subsection (c) as subsection (b);
(2) in section 253--
(A) by amending the section heading to read as
follows:
``Sec. 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.''.
(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
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 accordance with section 258(a)
of title 28, United States Code.
SEC. 503. JUDICIAL COST-OF-LIVING ADJUSTMENTS.
Section 140 of the resolution entitled ``A Joint Resolution making
further continuing appropriations for the fiscal year 1982, and for
other purposes.'', approved December 15, 1981 (Public Law 97-92; 95
Stat. 1200; 28 U.S.C. 461 note) is repealed.
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 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 ``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 ADMINISTRATIVE OFFICE
AS OFFICERS OF THE UNITED STATES.
Section 601 of title 28, United States Code, is amended by adding
at the end thereof the following: ``The Director and Deputy Director
shall be deemed to be officers for 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'' and 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),''.
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
paragraph:
``(2) The special court referred to in paragraph (1) of this
subsection 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, 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 subsection (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 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 further
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 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 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 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 certiorari
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 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''.
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, and
the Eastern District of New York,'' after ``the District of
Columbia,''; 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 REDUCTION
REPORTS ON DEMONSTRATION AND PILOT PROGRAMS.
(a) Demonstration Program.--Section 104(d) of the Civil Justice
Reform Act of 1990 (28 U.S.C. 471 note) is amended by striking out
``December 31, 1996,'' and inserting in lieu thereof ``June 30,
1997,''.
(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. EXTENSION OF ARBITRATION.
Section 905 of the Judicial Improvements and Access to Justice Act
(28 U.S.C. 651 note) is amended in the first sentence by striking out
``1997'' and inserting in lieu thereof ``1998''.
SEC. 610. STATE JUSTICE INSTITUTE.
(a) Authorization of Appropriations.--Section 215 of the State
Justice Institute Act of 1984 (42 U.S.C. 10713) is amended to read as
follows:
``authorization of appropriations
``Sec. 215. There are authorized to be appropriated to carry out
the purposes of this title $12,500,000 for each of fiscal years 1997,
1998, 1999, and 2000, to remain available until expended.''.
(b) Executive Committee.--Section 204(j) of the State Justice
Institute Act of 1984 (42 U.S.C. 10703(j)) is amended by inserting
``(on such occasions as it has been delegated the authority to act for
the Board)'' after ``executive committee''.
(c) Howell Heflin Award.--Section 204(k) of the State Justice Act
of 1984 (42 U.S.C. 10703(k)) is amended--
(1) in paragraph (5) by striking out ``and'' after the
semicolon;
(2) in paragraph (6) by striking out the period and
inserting in lieu thereof a semicolon and ``and''; and
(3) by adding at the end thereof the following new
paragraph:
``(7) present an annual Howell Heflin Award in recognition
of an innovative Institute-supported project that has a high
likelihood of significantly improving the quality of justice in
State courts across the Nation.''.
(d) Priority in Making Awards.--Section 206(b) of the State Justice
Institute Act of 1984 (42 U.S.C. 10705(b)) is amended--
(1) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(2) by inserting before paragraph (2) (as redesignated
under paragraph (1) of this subsection) the following new
paragraph:
``(1) The Institute shall give highest priority to awarding
grants to and entering into cooperative agreements or contracts
with State and local courts.''; and
(3) in paragraph (2) (as redesignated by paragraph (1) of
this subsection)--
(A) by striking out subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(e) Geographic Distribution of Grants.--Section 206(b) of the State
Justice Institute Act of 1984 (42 U.S.C. 10705(b)) (as amended by
subsection (d) of this section) is further amended by adding at the end
thereof the following new paragraph:
``(7) In making grants under this title, the Institute
shall undertake outreach efforts to assure the widest feasible
geographical distribution of grant funds and benefits resulting
from grants, consistent with its mission to award grants having
the greatest likelihood of improving the quality of justice
nationwide.''.
(f) Nonsupplantation.--Section 207(d) of the State Justice
Institute Act of 1984 (42 U.S.C. 10706(d)) is amended--
(1) in the matter preceding paragraph (1) by inserting ``or
noncourt related activities of private organizations'' after
``basic court services'';
(2) in paragraph (1)--
(A) by striking out ``State or local'' and
inserting in lieu thereof ``State, local, or private
organizational''; and
(B) by striking out ``or'' after the semicolon;
(3) in paragraph (2) by striking out the period and
inserting in lieu thereof a semicolon and ``or''; and
(4) by adding at the end thereof the following new
paragraph:
``(3) to support the activities of any national, State, or
local bar association, except for--
``(A) the training of State court judges or court
personnel, if such training is not provided by any
person or entity other than a bar association; or
``(B) projects conducted in State courts or
directly in conjunction with State courts to improve
the efficiency of such courts.''.
(g) Reports to Congress.--Section 213 of the State Justice
Institute Act of 1984 (42 U.S.C. 10712) is amended to read as follows:
``reports to congress
``Sec. 213. Effective January 1, 1997, the Institute shall provide
semiannual reports to the Committees on the Judiciary of the Senate and
the House of Representatives identifying all grants made by the
Institute during the preceding six months. The report shall include the
name and address of the grantee, the purpose of the project, the amount
of funding provided, and the duration of the project.''.