[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1252 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1252

To modify the procedures of the Federal courts in certain matters, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 1997

Mr. Hyde (for himself, Mr. Coble, Mr. Canady of Florida, Mr. Bono, Mr. 
  Bryant, and Mr. Goodlatte) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To modify the procedures of the Federal courts in certain matters, 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.

    This Act may be cited as the ``Judicial Reform Act of 1997''.

SEC. 2. 3-JUDGE COURT FOR CERTAIN INJUNCTIONS.

    (a) Requirement of 3-Judge Court.--Any application for an 
interlocutory or permanent injunction restraining the enforcement, 
operation, or execution of a State law adopted by referendum shall not 
be granted by a United States district court or judge thereof upon the 
ground of the unconstitutionality of such State law unless the 
application for the injunction is heard and determined by a court of 3 
judges in accordance with section 2284 of title 28, United States Code. 
Any appeal of a determination on such application shall be to the 
Supreme Court. In any case to which this section applies, the 
additional judges who will serve on the 3-judge court shall be 
designated under section 2284(b)(1) of title 28, United States Code, as 
soon as practicable, and the court shall expedite the consideration of 
the application for an injunction.
    (b) Definitions.--As used in this section--
            (1) the term ``State'' means each of the several States and 
        the District of Columbia;
            (2) the term ``State law'' means the constitution of a 
        State, or any statute, ordinance, rule, regulation, or other 
        measure of a State that has the force of law, and any amendment 
        thereto; and
            (3) the term ``referendum'' means the submission to popular 
        vote of a measure passed upon or proposed by a legislative body 
        or by popular initiative.
    (c) Effective Date.--This section applies to any application for an 
injunction that is filed on or after the date of the enactment of this 
Act.

SEC. 3. INTERLOCUTORY APPEALS OF COURT ORDERS RELATING TO CLASS 
              ACTIONS.

    (a) Interlocutory Appeals.--Section 1292(b) of title 28, United 
States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following:
    ``(2) A party to an action in which the district court has made a 
determination of whether the action may be maintained as a class action 
may make application for appeal of that determination to the court of 
appeals which would have jurisdiction of an appeal of that action. The 
court of appeals may, in its discretion, permit the appeal to be taken 
from such determination if the application is made within 10 days after 
the entry of the court's determination relating to the class action. 
Application for an appeal under this paragraph shall not stay 
proceedings in the district court unless the district judge or the 
court of appeals or a judge thereof shall so order.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to any action commenced on or after the date of the enactment of this 
Act.

SEC. 4. PROCEEDINGS ON COMPLAINTS AGAINST JUDICIAL CONDUCT.

    (a) Referral of Proceedings to Another Judicial Circuit or Court.--
Section 372(c) of title 28, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``(A)'' after ``(c)(1)''; and
                    (B) by adding at the end the following: ``In the 
                case of a complaint so identified, the chief judge 
                shall notify the clerk of the court of appeals of the 
                complaint, together with a brief statement of the facts 
                underlying the complaint.
    ``(B) Complaints filed under subparagraph (A) in one judicial 
circuit shall be referred to another judicial circuit for proceedings 
under this subsection, in accordance with a system established by rule 
by the Judicial Conference, which prescribes the circuits to which the 
complaints will be referred. The Judicial Conference shall establish 
and submit to the Congress the system described in the preceding 
sentence not later than 180 days after the date of the enactment of 
this subparagraph.'';
            (2) in paragraph (2)--
                    (A) by amending the first sentence to read as 
                follows: ``Upon receipt of a complaint filed or notice 
                of a complaint identified under paragraph (1) of this 
                subsection, the clerk shall promptly transmit such 
                complaint or (in the case of a complaint identified 
                under paragraph (1)) the statement of facts underlying 
                the complaint to the chief judge of the circuit 
                assigned to conduct proceedings on the complaint in 
                accordance with the system established under paragraph 
                (1)(B) (hereafter in this subsection referred to as the 
                `chief judge').''; and
                    (B) in the second sentence by inserting ``or 
                statement of facts underlying the complaint (as the 
                case may be)'' after ``copy of the complaint'';
            (3) in paragraph (4)(A) by inserting ``(to which the 
        complaint or statement of facts underlying the complaint is 
        referred)'' after ``the circuit'';
            (4) in paragraph (5)--
                    (A) in the first sentence by inserting ``to which 
                the complaint or statement of facts underlying the 
                complaint is referred'' after ``the circuit''; and
                    (B) in the second sentence by striking ``the 
                circuit'' and inserting ``that circuit'';
            (5) in the first sentence of paragraph (15) by inserting 
        before the period at the end the following: ``in which the 
        complaint was filed or identified under paragraph (1)''; and
            (6) by amending paragraph (18) to read as follows:
    ``(18) The Judicial Conference shall prescribe rules, consistent 
with the preceding provisions of this subsection--
            ``(A) establishing procedures for the filing of complaints 
        with respect to the conduct of any judge of the United States 
        Court of Federal Claims, the Court of International Trade, or 
        the Court of Appeals for the Federal Circuit, and for the 
        investigation and resolution of such complaints; and
            ``(B) establishing a system for referring complaints filed 
        with respect to the conduct of a judge of any such court to any 
        of the first eleven judicial circuits or to another court for 
        investigation and resolution.
The Judicial Conference shall establish and submit to the Congress the 
system described in subparagraph (B) not later than 180 days after the 
date of the enactment of the Judicial Disciplinary Proceedings Act of 
1996.''.
    (b) Disclosure of Information.--Section 372(c)(14) of title 28, 
United States Code, is amended--
            (1) in subparagraph (B) by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (C) by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding after subparagraph (C) the following:
            ``(D) such disclosure is made to another agency or 
        instrumentality of any governmental jurisdiction within or 
        under the control the United States for a civil or criminal law 
        enforcement activity authorized by law.''.
    (c) Effective Date.--The amendments made by subsection (a) apply to 
complaints filed on or after the 180th day after the date of the 
enactment of this Act.

SEC. 5. LIMITATION ON COURT-IMPOSED TAXES.

    (a) Limitation.--
            (1) In general.--Chapter 85 of title 28, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 1369. Limitation on Federal court remedies
    ``(a) Limitation on Court-Imposed Taxes.--(1) No district court may 
enter any order or approve any settlement that requires any State, or 
political subdivision of a State, to impose, increase, levy, or assess 
any tax for the purpose of enforcing any Federal or State common law, 
statutory, or constitutional right or law, unless the court finds by 
clear and convincing evidence, that--
            ``(A)(i) there are no other means available to remedy the 
        deprivation of rights or laws; and
            ``(ii) the proposed imposition, increase, levying, or 
        assessment is narrowly tailored to remedy the specific 
        deprivation at issue;
            ``(B) the tax will not contribute to or exacerbate the 
        deprivation intended to be remedied;
            ``(C) the proposed tax will not result in a loss of revenue 
        for the political subdivision in which it is assessed, levied, 
        or collected;
            ``(D) the proposed tax will not result in the loss or 
        depreciation of property values of the taxpayers who are 
        affected;
            ``(E) the proposed tax will not conflict with the 
        applicable laws with respect to the maximum rate of taxation as 
        determined by the appropriate State or political subdivision 
        thereof; and
            ``(F) plans submitted to the court by State and local 
        authorities will not effectively redress the deprivations at 
        issue.
    ``(2) A finding under paragraph (1) shall be subject to immediate 
interlocutory de novo review.
    ``(3)(A) Notwithstanding any law or rule of procedure, any 
aggrieved corporation, or unincorporated association or other person 
residing or present in the political subdivision in which a tax is 
imposed in accordance with paragraph (1) or other entity located within 
that political subdivision shall have the right to intervene in any 
proceeding concerning the imposition of the tax.
    ``(B) A person or entity that intervenes pursuant to subparagraph 
(A) shall have the right to--
            ``(i) present evidence and appear before the court to 
        present oral and written testimony; and
            ``(ii) appeal any finding required to be made by this 
        section, or any other related action taken to impose, increase, 
        levy, or assess the tax that is the subject of the 
        intervention.
    ``(b) Termination of Orders.--Notwithstanding any law or rule of 
procedure, any order of a district court requiring the imposition, 
increase, levy, or assessment of a tax imposed pursuant to subsection 
(a)(1) shall automatically terminate or expire on the date that is--
            ``(1) 1 year after the date of the imposition of the tax; 
        or
            ``(2) an earlier date, if the court determines that the 
        deprivation of rights that is addressed by the order has been 
        cured to the extent practicable.
    ``(c) Preemption.--This section shall not be construed to preempt 
any law of a State or political subdivision thereof that imposes 
limitations on, or otherwise restricts the imposition of, a tax, levy, 
or assessment that is imposed in response to a court order referred to 
in subsection (b).
    ``(d) Additional Restrictions on Court Action.--(1) Except as 
provided in subparagraph (B), nothing in this section may be construed 
to allow a Federal court to, for the purpose of funding the 
administration of an order referred to in subsection (b), use funds 
acquired by a State or political subdivision thereof from a tax imposed 
by the State or political subdivision thereof.
    ``(2) Paragraph (1) does not apply to any tax, levy, or assessment 
that may, in accordance with applicable State or local law, be used to 
fund the actions of a State or political subdivision thereof in meeting 
the requirements of an order referred to in subsection (b).
    ``(e) Notice to States.--The court shall provide written notice to 
a State or political subdivision thereof subject to an order referred 
to in subsection (b) with respect to any finding required to be made by 
the court under subsection (a). Such notice shall be provided before 
the beginning of the next fiscal year of that State or political 
subdivision occurring after the order is issued.
    ``(f) Special Rules.--For purposes of this section--
            ``(1) the District of Columbia shall be considered to be a 
        State; and
            ``(2) any Act of Congress applicable exclusively to the 
        District of Columbia shall be considered to be a statute of the 
        District of Columbia.''.
    (b) Conforming Amendment.--The table of contents for chapter 85 of 
title 28, United States Code, is amended by adding after the item 
relating to section 1368 the following new item:

``1369. Limitation on Federal court remedies.''.
    (c) Statutory Construction.--Nothing contained in this section or 
the amendments made by this section shall be construed to, beyond the 
scope of applicable law, make legal, validate, or approve the use of a 
judicial tax, levy, or assessment by a United States district court.
    (d) Effective Date.--This section and the amendments made by this 
section apply with respect to any action or other proceeding in any 
Federal court that is commenced on or after the date of the enactment 
of this Act.

SEC. 6. REASSIGNMENT OF CASE AS OF RIGHT.

    (a) In General.--Chapter 21 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 464. Reassignment of cases upon motion by a party
    ``(a) Upon Motion.--(1) If all parties on one side of a civil case 
to be tried in a United States district court bring a motion to 
reassign the case, the case shall be reassigned to another appropriate 
judicial officer. Each side shall be entitled to one reassignment 
without cause as a matter of right.
    ``(2) If any question arises as to which parties should be grouped 
together as a side for purposes of this section, the chief judge of the 
court of appeals for the circuit in which the case is to be tried, or 
another judge of the court of appeals designated by the chief judge, 
shall determine that question.
    ``(b) Requirements for Bringing Motion.--(1) Subject to paragraph 
(2), a motion to reassign under this section shall not be entertained 
unless it is brought, not later than 20 days after notice of the 
original assignment of the case, to the judicial officer to whom the 
case is assigned for the purpose of hearing or deciding any matter. 
Such motion shall be granted if--
            ``(A) it is presented before trial or hearing begins and 
        before the judicial officer to whom it is presented has ruled 
        on any substantial issue in the case, or
            ``(B) it is presented by consent of the parties on all 
        sides.
    ``(2) Notwithstanding paragraph (1)--
            ``(A) a party joined in a civil action after the initial 
        filing may, with the concurrence of the other parties on the 
        same side, bring a motion under this section within 20 days 
        after the service of the complaint on that party;
            ``(B) a party served with a supplemental or amended 
        complaint or a third-party complaint in a civil action may, 
        with the concurrence of the other parties on the same side, 
        bring a motion under this section within 20 days after service 
        on that party of the supplemental, amended, or third-party 
        complaint; and
            ``(C) rulings in a case by the judicial officer on any 
        substantial issue before a party who has not been found in 
        default enters an appearance in the case shall not be grounds 
        for denying an otherwise timely and appropriate motion brought 
        by that party under this section.
    ``(3) No motion under this section may be brought by the party or 
parties on a side in a case if any party or parties on that side have 
previously brought a motion to reassign under this section in that 
case.
    ``(c) Costs of Travel to New Location.--If a motion to reassign 
brought under this section requires a change in location for purposes 
of appearing before a newly assigned judicial officer, the party or 
parties bringing the motion shall pay the reasonable costs incurred by 
the parties on different sides of the case in travelling to the new 
location for all matters associated with the case requiring an 
appearance at the new location.
    ``(d) Definition.--As used in this section, the term `appropriate 
judicial officer' means--
            ``(1) a United States magistrate judge in a case referred 
        to such a magistrate judge; and
            ``(2) a United States district court judge in any other 
        case before a United States district court.''.
    (b) Clerical Amendment.--The table of contents for chapter 21 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``464. Reassignment of cases upon motion by a party.''.
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