[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1252 Referred in Senate (RFS)]

  2d Session
                                H. R. 1252


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 1998

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
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 1998''.

SEC. 2. 3-JUDGE COURT FOR ANTICIPATORY RELIEF.

    (a) Requirement of 3-Judge Court.--Any application for anticipatory 
relief against 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 that the State law is repugnant 
to the Constitution, treaties, or laws of the United States unless the 
application for anticipatory relief 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 anticipatory relief.
    (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, rule, regulation, or other measure of a 
        State that has the force of law, and any amendment thereto;
            (3) the term ``referendum'' means the submission to popular 
        vote, by the voters of the State, of a measure passed upon or 
        proposed by a legislative body or by popular initiative; and
            (4) the term ``anticipatory relief'' means an interlocutory 
        or permanent injunction or a declaratory judgment.
    (c) Effective Date.--This section applies to any application for 
anticipatory relief 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) 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.'';
            (2) in paragraph (2) 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 (3)--
                    (A) by inserting ``(A)'' after ``(3)'';
                    (B) by striking ``may--'' and all that follows 
                through the end of subparagraph (B) and inserting the 
                following: ``may dismiss the complaint if the chief 
                judge finds it to be--
            ``(i) not in conformity with paragraph (1);
            ``(ii) directly related to the merits of a decision or 
        procedural ruling; or
            ``(iii) frivolous.''; and
                    (C) by adding at the end the following:
    ``(B) If the chief judge does not enter an order under subparagraph 
(A), then the complaint or (in the case of a complaint identified under 
paragraph (1)) the statement of facts underlying the complaint shall be 
referred to the chief judge of another judicial circuit for proceedings 
under this subsection (hereafter in this subsection referred to as the 
`chief judge'), 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 the 
Judicial Reform Act of 1998.
    ``(C) After expeditiously reviewing the complaint, the chief judge 
may, by written order explaining the chief judge's reasons, conclude 
the proceeding if the chief judge finds that appropriate corrective 
action has been taken or that action on the complaint is no longer 
necessary because of intervening events.'';
            (4) in paragraph (4)--
                    (A) by striking ``paragraph (3)'' and inserting 
                ``paragraph (3)(C)''; and
                    (B) in subparagraph (A) by inserting ``(to which 
                the complaint or statement of facts underlying the 
                complaint is referred)'' after ``the circuit'';
            (5) 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'';
            (6) 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
            (7) 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 Reform Act of 1998.''.
    (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. RANDOM ASSIGNMENT OF HABEAS CORPUS CASES.

    Section 2241 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(e) Applications for writs of habeas corpus received in or 
transferred to a district court shall be randomly assigned to the 
judges of that court.''.

SEC. 6. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF COURT 
              PROCEEDINGS.

    (a) Authority of Appellate Courts.--Notwithstanding any other 
provision of law, the presiding judge of an appellate court of the 
United States may, in his or her discretion, permit the photographing, 
electronic recording, broadcasting, or televising to the public of 
court proceedings over which that judge presides.
    (b) Authority of District Courts.--
            (1) In general.--Notwithstanding any other provision of 
        law, any presiding judge of a district court of the United 
        States may, in his or her discretion, permit the photographing, 
        electronic recording, broadcasting, or televising to the public 
        of court proceedings over which that judge presides.
            (2) Obscuring of witnesses.--(A) Upon the request of any 
        witness in a trial proceeding other than a party, the court 
        shall order the face and voice of the witness to be disguised 
        or otherwise obscured in such manner as to render the witness 
        unrecognizable to the broadcast audience of the trial 
        proceeding.
            (B) The presiding judge in a trial proceeding shall inform 
        each witness who is not a party that the witness has the right 
        to request that his or her image and voice be obscured during 
        the witness' testimony.
    (c) Advisory Guidelines.--The Judicial Conference of the United 
States is authorized to promulgate advisory guidelines to which a 
presiding judge, in his or her discretion, may refer in making 
decisions with respect to the management and administration of 
photographing, recording, broadcasting, or televising described in 
subsections (a) and (b).
    (d) Definitions.--As used in this section:
            (1) Presiding judge.--The term ``presiding judge'' means 
        the judge presiding over the court proceeding concerned. In 
        proceedings in which more than one judge participates, the 
        presiding judge shall be the senior active judge so 
        participating or, in the case of a circuit court of appeals, 
        the senior active circuit judge so participating, except that--
                    (A) in en banc sittings of any United States 
                circuit court of appeals, the presiding judge shall be 
                the chief judge of the circuit whenever the chief judge 
                participates; and
                    (B) in en banc sittings of the Supreme Court of the 
                United States, the presiding judge shall be the Chief 
                Justice whenever the Chief Justice participates.
            (2) Appellate court of the united states.--The term 
        ``appellate court of the United States'' means any United 
        States circuit court of appeals and the Supreme Court of the 
        United States.
    (e) Sunset.--The authority under subsection (b) shall terminate on 
the date that is 3 years after the date of the enactment of this Act.

SEC. 7. MULTIPARTY, MULTIFORUM JURISDICTION OF DISTRICT COURTS.

    (a) Basis of Jurisdiction.--
            (1) In general.--Chapter 85 of title 28, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 1370. Multiparty, multiforum jurisdiction
    ``(a) In General.--The district courts shall have original 
jurisdiction of any civil action involving minimal diversity between 
adverse parties that arises from a single accident, where at least 25 
natural persons have either died or incurred injury in the accident at 
a discrete location and, in the case of injury, the injury has resulted 
in damages which exceed $50,000 per person, exclusive of interest and 
costs, if--
            ``(1) a defendant resides in a State and a substantial part 
        of the accident took place in another State or other location, 
        regardless of whether that defendant is also a resident of the 
        State where a substantial part of the accident took place;
            ``(2) any two defendants reside in different States, 
        regardless of whether such defendants are also residents of the 
        same State or States; or
            ``(3) substantial parts of the accident took place in 
        different States.
    ``(b) Special Rules and Definitions.--For purposes of this 
section--
            ``(1) minimal diversity exists between adverse parties if 
        any party is a citizen of a State and any adverse party is a 
        citizen of another State, a citizen or subject of a foreign 
        state, or a foreign state as defined in section 1603(a) of this 
        title;
            ``(2) a corporation is deemed to be a citizen of any State, 
        and a citizen or subject of any foreign state, in which it is 
        incorporated or has its principal place of business, and is 
        deemed to be a resident of any State in which it is 
        incorporated or licensed to do business or is doing business;
            ``(3) the term `injury' means--
                    ``(A) physical harm to a natural person; and
                    ``(B) physical damage to or destruction of tangible 
                property, but only if physical harm described in 
                subparagraph (A) exists;
            ``(4) the term `accident' means a sudden accident, or a 
        natural event culminating in an accident, that results in death 
        or injury incurred at a discrete location by at least 25 
        natural persons; and
            ``(5) the term `State' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, and any territory or 
        possession of the United States.
    ``(c) Intervening Parties.--In any action in a district court which 
is or could have been brought, in whole or in part, under this section, 
any person with a claim arising from the accident described in 
subsection (a) shall be permitted to intervene as a party plaintiff in 
the action, even if that person could not have brought an action in a 
district court as an original matter.
    ``(d) Notification of Judicial Panel on Multidistrict Litigation.--
A district court in which an action under this section is pending shall 
promptly notify the judicial panel on multidistrict litigation of the 
pendency of the action.''.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 85 of title 28, United States Code, is 
        amended by adding at the end the following new item:

``1370. Multiparty, multiforum jurisdiction.''.
    (b) Venue.--Section 1391 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(g) A civil action in which jurisdiction of the district court is 
based upon section 1370 of this title may be brought in any district in 
which any defendant resides or in which a substantial part of the 
accident giving rise to the action took place.''.
    (c) Multidistrict Litigation.--Section 1407 of title 28, United 
States Code, is amended by adding at the end the following:
    ``(i)(1) In actions transferred under this section when 
jurisdiction is or could have been based, in whole or in part, on 
section 1370 of this title, the transferee district court may, 
notwithstanding any other provision of this section, retain actions so 
transferred for the determination of liability and punitive damages. An 
action retained for the determination of liability shall be remanded to 
the district court from which the action was transferred, or to the 
State court from which the action was removed, for the determination of 
damages, other than punitive damages, unless the court finds, for the 
convenience of parties and witnesses and in the interest of justice, 
that the action should be retained for the determination of damages.
    ``(2) Any remand under paragraph (1) shall not be effective until 
60 days after the transferee court has issued an order determining 
liability and has certified its intention to remand some or all of the 
transferred actions for the determination of damages. An appeal with 
respect to the liability determination and the choice of law 
determination of the transferee court may be taken during that 60-day 
period to the court of appeals with appellate jurisdiction over the 
transferee court. In the event a party files such an appeal, the remand 
shall not be effective until the appeal has been finally disposed of. 
Once the remand has become effective, the liability determination and 
the choice of law determination shall not be subject to further review 
by appeal or otherwise.
    ``(3) An appeal with respect to determination of punitive damages 
by the transferee court may be taken, during the 60-day period 
beginning on the date the order making the determination is issued, to 
the court of appeals with jurisdiction over the transferee court.
    ``(4) Any decision under this subsection concerning remand for the 
determination of damages shall not be reviewable by appeal or 
otherwise.
    ``(5) Nothing in this subsection shall restrict the authority of 
the transferee court to transfer or dismiss an action on the ground of 
inconvenient forum.''.
    (d) Removal of Actions.--Section 1441 of title 28, United States 
Code, is amended--
            (1) in subsection (e) by striking ``(e) The court to which 
        such civil action is removed'' and inserting ``(f) The court to 
        which a civil action is removed under this section''; and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e)(1) Notwithstanding the provisions of subsection (b) of this 
section, a defendant in a civil action in a State court may remove the 
action to the district court of the United States for the district and 
division embracing the place where the action is pending if--
            ``(A) the action could have been brought in a United States 
        district court under section 1370 of this title; or
            ``(B) the defendant is a party to an action which is or 
        could have been brought, in whole or in part, under section 
        1370 in a United States district court and arises from the same 
        accident as the action in State court, even if the action to be 
        removed could not have been brought in a district court as an 
        original matter.
The removal of an action under this subsection shall be made in 
accordance with section 1446 of this title, except that a notice of 
removal may also be filed before trial of the action in State court 
within 30 days after the date on which the defendant first becomes a 
party to an action under section 1370 in a United States district court 
that arises from the same accident as the action in State court, or at 
a later time with leave of the district court.
    ``(2) Whenever an action is removed under this subsection and the 
district court to which it is removed or transferred under section 
1407(i) has made a liability determination requiring further 
proceedings as to damages, the district court shall remand the action 
to the State court from which it had been removed for the determination 
of damages, unless the court finds that, for the convenience of parties 
and witnesses and in the interest of justice, the action should be 
retained for the determination of damages.
    ``(3) Any remand under paragraph (2) shall not be effective until 
60 days after the district court has issued an order determining 
liability and has certified its intention to remand the removed action 
for the determination of damages. An appeal with respect to the 
liability determination and the choice of law determination of the 
district court may be taken during that 60-day period to the court of 
appeals with appellate jurisdiction over the district court. In the 
event a party files such an appeal, the remand shall not be effective 
until the appeal has been finally disposed of. Once the remand has 
become effective, the liability determination and the choice of law 
determination shall not be subject to further review by appeal or 
otherwise.
    ``(4) Any decision under this subsection concerning remand for the 
determination of damages shall not be reviewable by appeal or 
otherwise.
    ``(5) An action removed under this subsection shall be deemed to be 
an action under section 1370 and an action in which jurisdiction is 
based on section 1368 of this title for purposes of this section and 
sections 1407, 1660, 1697, and 1785 of this title.
    ``(6) Nothing in this subsection shall restrict the authority of 
the district court to transfer or dismiss an action on the ground of 
inconvenient forum.''.
    (e) Choice of Law.--
            (1) Determination by the court.--Chapter 111 of title 28, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1660. Choice of law in multiparty, multiforum actions
    ``(a) Factors.--In an action which is or could have been brought, 
in whole or in part, under section 1370 of this title, the district 
court in which the action is brought or to which it is removed shall 
determine the source of the applicable substantive law, except that if 
an action is transferred to another district court, the transferee 
court shall determine the source of the applicable substantive law. In 
making this determination, a district court shall not be bound by the 
choice of law rules of any State, and the factors that the court may 
consider in choosing the applicable law include--
            ``(1) the place of the injury;
            ``(2) the place of the conduct causing the injury;
            ``(3) the principal places of business or domiciles of the 
        parties;
            ``(4) the danger of creating unnecessary incentives for 
        forum shopping; and
            ``(5) whether the choice of law would be reasonably 
        foreseeable to the parties.
The factors set forth in paragraphs (1) through (5) shall be evaluated 
according to their relative importance with respect to the particular 
action. If good cause is shown in exceptional cases, including 
constitutional reasons, the court may allow the law of more than one 
State to be applied with respect to a party, claim, or other element of 
an action.
    ``(b) Order Designating Choice of Law.--The district court making 
the determination under subsection (a) shall enter an order designating 
the single jurisdiction whose substantive law is to be applied in all 
other actions under section 1370 arising from the same accident as that 
giving rise to the action in which the determination is made. The 
substantive law of the designated jurisdiction shall be applied to the 
parties and claims in all such actions before the court, and to all 
other elements of each action, except where Federal law applies or the 
order specifically provides for the application of the law of another 
jurisdiction with respect to a party, claim, or other element of an 
action.
    ``(c) Continuation of Choice of Law After Remand.--In an action 
remanded to another district court or a State court under section 
1407(i)(1) or 1441(e)(2) of this title, the district court's choice of 
law under subsection (b) shall continue to apply.''.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 111 of title 28, United States Code, is 
        amended by adding at the end the following new item:

``1660. Choice of law in multiparty, multiforum actions.''.
    (f) Service of Process.--
            (1) Other than subpoenas.--(A) Chapter 113 of title 28, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1697. Service in multiparty, multiforum actions
    ``When the jurisdiction of the district court is based in whole or 
in part upon section 1370 of this title, process, other than subpoenas, 
may be served at any place within the United States, or anywhere 
outside the United States if otherwise permitted by law.''.
            (B) The table of sections at the beginning of chapter 113 
        of title 28, United States Code, is amended by adding at the 
        end the following new item:

``1697. Service in multiparty, multiforum actions.''.
            (2) Service of subpoenas.--(A) Chapter 117 of title 28, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1785. Subpoenas in multiparty, multiforum actions
    ``When the jurisdiction of the district court is based in whole or 
in part upon section 1370 of this title, a subpoena for attendance at a 
hearing or trial may, if authorized by the court upon motion for good 
cause shown, and upon such terms and conditions as the court may 
impose, be served at any place within the United States, or anywhere 
outside the United States if otherwise permitted by law.''.
            (B) The table of sections at the beginning of chapter 117 
        of title 28, United States Code, is amended by adding at the 
        end the following new item:

``1785. Subpoenas in multiparty, multiforum actions.''.
    (g) Effective Date.--The amendments made by this section shall 
apply to a civil action if the accident giving rise to the cause of 
action occurred on or after the 90th day after the date of the 
enactment of this Act.

SEC. 8. APPEALS OF MERIT SYSTEMS PROTECTION BOARD.

    (a) Appeals.--Section 7703 of title 5, United States Code, is 
amended--
            (1) in subsection (b)(1), by striking ``30'' and inserting 
        ``60''; and
            (2) in the first sentence of subsection (d), by inserting 
        after ``filing'' the following: ``, within 60 days after the 
        date the Director received notice of the final order or 
        decision of the Board,''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect on the date of the enactment of this Act and apply to any 
administrative or judicial proceeding pending on that date or commenced 
on or after that date.

SEC. 9. EXTENSION OF JUDICIARY INFORMATION TECHNOLOGY FUND.

    Section 612 of title 28, United States Code, is amended--
            (1) by striking ``equipment'' each place it appears and 
        inserting ``resources'';
            (2) by striking subsection (f) and redesignating subsequent 
        subsections accordingly;
            (3) in subsection (g), as so redesignated, by striking 
        paragraph (3); and
            (4) in subsection (i), as so redesignated--
                    (A) by striking ``Judiciary'' each place it appears 
                and inserting ``judiciary'';
                    (B) by striking ``subparagraph (c)(1)(B)'' and 
                inserting ``subsection (c)(1)(B)''; and
                    (C) by striking ``under (c)(1)(B)'' and inserting 
                ``under subsection (c)(1)(B)''.

SEC. 10. OFFSETTING RECEIPTS.

    For fiscal year 1999 and thereafter, any portion of miscellaneous 
fees collected as prescribed by the Judicial Conference of the United 
States pursuant to sections 1913, 1914(b), 1926(a), 1930(b), and 1932 
of title 28, United States Code, exceeding the amount of such fees in 
effect on September 30, 1998, shall be deposited into the special fund 
of the Treasury established under section 1931 of title 28, United 
States Code.

SEC. 11. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

    Section 332(a) of title 28, United States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
    ``(1) The chief judge of each judicial circuit shall call and 
preside at a meeting of the judicial council of the circuit at least 
twice in each year and at such places as he or she may designate. The 
council shall consist of an equal number of circuit judges (including 
the chief judge of the circuit) and district judges, as such number is 
determined by majority vote of all such judges of the circuit in 
regular active service.'';
            (2) by striking paragraph (3) and inserting the following:
    ``(3) Except for the chief judge of the circuit, either judges in 
regular active service or judges retired from regular active service 
under section 371(b) of this title may serve as members of the 
council.''; and
            (3) by striking ``retirement,'' in paragraph (5) and 
        inserting ``retirement under section 371(a) or section 372(a) 
        of this title,''.

SEC. 12. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS.

    Section 103(b)(2)(A) of the Civil Justice Reform Act of 1990 
(Public Law 101-650; 104 Stat. 5096; 28 U.S.C. 471 note), as amended by 
Public Law 105-53 (111 Stat. 1173), is amended by inserting ``471,'' 
after ``sections''.

SEC. 13. CREATION OF CERTIFYING OFFICERS IN THE JUDICIAL BRANCH.

    (a) Appointment of Disbursing and Certifying Officers.--Chapter 41 
of title 28, United States Code, is amended by adding at the end the 
following new section:
``Sec. 613. Disbursing and certifying officers
    ``(a) Disbursing Officers.--The Director may designate in writing 
officers and employees of the judicial branch of the Government, 
including the courts as defined in section 610 other than the Supreme 
Court, to be disbursing officers in such numbers and locations as the 
Director considers necessary. Such disbursing officers shall--
            ``(1) disburse moneys appropriated to the judicial branch 
        and other funds only in strict accordance with payment requests 
        certified by the Director or in accordance with subsection (b);
            ``(2) examine payment requests as necessary to ascertain 
        whether they are in proper form, certified, and approved; and
            ``(3) be held accountable for their actions as provided by 
        law, except that such a disbursing officer shall not be held 
        accountable or responsible for any illegal, improper, or 
        incorrect payment resulting from any false, inaccurate, or 
        misleading certificate for which a certifying officer is 
        responsible under subsection (b).
    ``(b) Certifying Officers.--(1) The Director may designate in 
writing officers and employees of the judicial branch of the 
Government, including the courts as defined in section 610 other than 
the Supreme Court, to certify payment requests payable from 
appropriations and funds. Such certifying officers shall be responsible 
and accountable for--
            ``(A) the existence and correctness of the facts recited in 
        the certificate or other request for payment or its supporting 
        papers;
            ``(B) the legality of the proposed payment under the 
        appropriation or fund involved; and
            ``(C) the correctness of the computations of certified 
        payment requests.
    ``(2) The liability of a certifying officer shall be enforced in 
the same manner and to the same extent as provided by law with respect 
to the enforcement of the liability of disbursing and other accountable 
officers. A certifying officer shall be required to make restitution to 
the United States for the amount of any illegal, improper, or incorrect 
payment resulting from any false, inaccurate, or misleading 
certificates made by the certifying officer, as well as for any payment 
prohibited by law or which did not represent a legal obligation under 
the appropriation or fund involved.
    ``(c) Rights.--A certifying or disbursing officer--
            ``(1) has the right to apply for and obtain a decision by 
        the Comptroller General on any question of law involved in a 
        payment request presented for certification; and
            ``(2) is entitled to relief from liability arising under 
        this section in accordance with title 31, United States Code.
    ``(d) Other Authority Not Affected.--Nothing in this section 
affects the authority of the courts with respect to moneys deposited 
with the courts under chapter 129 of this title.''.
    (b) Conforming Amendment.--The table of sections for chapter 41 of 
title 28, United States Code, is amended by adding at the end the 
following item:

``613. Disbursing and certifying officers.''.
    (c) Duties of Director.--Paragraph (8) of subsection (a) of section 
604 of title 28, United States Code, is amended to read as follows:
            ``(8) Disburse appropriations and other funds for the 
        maintenance and operation of the courts;''.

SEC. 14. LIMITATION ON PRISONER RELEASE ORDERS.

    (a) In General.--Chapter 99 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1632. Limitation on prisoner release orders
    ``(a) Limitation.--Notwithstanding section 3626(a)(3) of title 18 
or any other provision of law, in a civil action with respect to prison 
conditions, no court of the United States or other court listed in 
section 610 shall have jurisdiction to enter or carry out any prisoner 
release order that would result in the release from or nonadmission to 
a prison, on the basis of prison conditions, of any person subject to 
incarceration, detention, or admission to a facility because of a 
conviction of a felony under the laws of the relevant jurisdiction, or 
a violation of the terms or conditions of parole, probation, pretrial 
release, or a diversionary program, relating to the commission of a 
felony under the laws of the relevant jurisdiction.
    ``(b) Definitions.--As used in this section--
            ``(1) the terms `civil action with respect to prison 
        conditions', `prisoner', `prisoner release order', and `prison' 
        have the meanings given those terms in section 3626(g) of title 
        18; and
            ``(2) the term `prison conditions' means conditions of 
        confinement or the effects of actions by government officials 
        on the lives of persons confined in prison.
    (b) Conforming Amendment.--The table of sections for chapter 99 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``1632. Limitation on prisoner release orders.''.
    (c) Consent Decrees.--
            (1) Termination of existing consent decrees.--Any consent 
        decree that was entered into before the date of the enactment 
        of the Prison Litigation Reform Act of 1995, that is in effect 
        on the day before the date of the enactment of this Act, and 
        that provides for remedies relating to prison conditions shall 
        cease to be effective on the date of the enactment of this Act.
            (2) Definitions.--As used in this subsection--
                    (A) the term ``consent decree'' has the meaning 
                given that term in section 3626(g) of title 18, United 
                States Code; and
                    (B) the term ``prison conditions'' has the meaning 
                given that term in section 1632(c) of title 28, United 
                States Code, as added by subsection (a) of this 
                section.

            Passed the House of Representatives April 23, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.