[Congressional Record Volume 142, Number 128 (Tuesday, September 17, 1996)]
[House]
[Pages H10454-H10459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FEDERAL COURTS IMPROVEMENT ACT OF 1996

  Mr. FLANAGAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3968) to make improvements in the operation and 
administration of the Federal courts, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 3968

       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. 

                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

Sec. 201. Duties of magistrate judge on emergency assignment.
Sec. 202. Registration of judgments for enforcement in other districts.
Sec. 203. Vacancy in clerk position; absence of clerk.
Sec. 204. Removal of cases against the United States and Federal 
              officers or agencies.
Sec. 205. Appeal route in civil cases decided by magistrate judges with 
              consent.
Sec. 206. Reports by judicial councils relating to misconduct and 
              disability orders.
Sec. 207. Consent to trial in certain criminal actions.

     TITLE III--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND 
                              PROTECTIONS

Sec. 301. Refund of contribution for deceased deferred annuitant under 
              the Judicial Survivors' Annuities System.
Sec. 302. Bankruptcy judges reappointment procedure.
Sec. 303. Technical correction related to commencement date of 
              temporary judgeships.
Sec. 304. Full-time status of court reporters.
Sec. 305. Court interpreters.
Sec. 306. Technical amendment related to commencement date of temporary 
              bankruptcy judgeships.
Sec. 307. Contribution rate for senior judges under the Judicial 
              Survivors' Annuities System.
Sec. 308. Proceedings on complaints against judicial conduct.

              TITLE IV--JUDICIAL FINANCIAL ADMINISTRATION

Sec. 401. Increase in civil action filing fee.
Sec. 402. Interpreter performance examination fees.
Sec. 403. Judicial panel on multidistrict litigation.
Sec. 404. Disposition of fees.

        TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

Sec. 501. Qualification of Chief Judge of Court of International Trade.

                   TITLE VI--PLACES OF HOLDING COURT

Sec. 601. Place of holding court in the Southern District of New York.
Sec. 602. Place of holding court in the Eastern District of Texas.

                        TITLE VII--MISCELLANEOUS

Sec. 701. Participation in judicial governance activities by district, 
              senior, and magistrate judges.
Sec. 702. The Director and Deputy Director of the Administrative Office 
              as officers of the United States.
Sec. 703. Removal of action from State court.
Sec. 704. Federal Judicial Center employee retirement provisions.
Sec. 705. Abolition of the special court, Regional Rail Reorganization 
              Act of 1973.
Sec. 706. Exception of residency requirement for district judges 
              appointed to the Southern District and Eastern District 
              of New York.
Sec. 707. Civil justice expense and delay reduction plans.
Sec. 708. Venue for territorial courts.
         TITLE I--CRIMINAL LAW AND CRIMINAL JUSTICE 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 court, be authorized to carry 
     firearms under such 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 court, be authorized to carry 
     firearms under such regulations as the Director of the 
     Administrative Office of the United States Courts may 
     prescribe.''.
                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

     SEC. 201. DUTIES OF MAGISTRATE JUDGE ON EMERGENCY ASSIGNMENT.

       The first sentence of section 636(f) of title 28, United 
     States Code, is amended by striking out ``(a) or (b)'' and 
     inserting in lieu thereof ``(a), (b), or (c)''.

     SEC. 202. REGISTRATION OF JUDGMENTS FOR 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, or 
     bankruptcy court''; and
       (B) by striking out ``such judgment'' and all that follows 
     through ``Trade,'' and inserting in lieu thereof ``the 
     judgment''; and
       (3) by adding at the end thereof the following new 
     undesignated paragraph:
       ``The procedure prescribed under this section is in 
     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. 203. VACANCY IN CLERK POSITION; ABSENCE OF CLERK.

       (a) In General.--Section 954 of title 28, United States 
     Code, is amended to read as follows:

     ``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. 204. 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:


[[Page H10455]]


``1442. Federal officers or agencies sued or prosecuted.''.

     SEC. 205. APPEAL ROUTE IN CIVIL CASES DECIDED BY MAGISTRATE 
                   JUDGES WITH CONSENT.

       Section 636 of title 28, United States Code, is amended--
       (1) in subsection (c)--
       (A) in paragraph (3) by striking out ``In this 
     circumstance, the'' and inserting in lieu thereof ``The'';
       (B) by striking out paragraphs (4) and (5); and
       (C) by redesignating paragraphs (6) and (7) as paragraphs 
     (4) and (5); and
       (2) in subsection (d) by striking out ``, and for the 
     taking and hearing of appeals to the district courts,''.

     SEC. 206. REPORTS BY JUDICIAL COUNCILS RELATING TO MISCONDUCT 
                   AND DISABILITY ORDERS.

       Section 332 of title 28, United States Code, is amended by 
     adding at the end thereof the following new subsection:
       ``(g) No later than January 31 of each year, each judicial 
     council shall submit a report to the Administrative Office of 
     the United States Courts on the number and nature of orders 
     entered under this section during the preceding calendar year 
     that relate to judicial misconduct or disability.''.

     SEC. 207. CONSENT TO TRIAL IN CERTAIN CRIMINAL ACTIONS.

       (a) Amendments to Title 18.--(1) Section 3401(b) of title 
     18, United States Code, is amended--
       (A) in the first sentence by inserting ``, other than a 
     petty offense that is a class B misdemeanor charging a motor 
     vehicle offense, a class C misdemeanor, or an infraction,'' 
     after ``misdemeanor'';
       (B) in the second sentence by inserting ``judge'' after 
     ``magistrate'' each place it appears;
       (C) 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.''; and
       (D) by striking out ``judge of the district court'' each 
     place it appears and inserting in lieu thereof ``district 
     judge''.
       (2) Section 3401(g) of title 18, United States Code, is 
     amended by striking out the first sentence and inserting in 
     lieu thereof the following: ``The magistrate judge may, in a 
     petty offense case involving a juvenile, that is a class B 
     misdemeanor charging a motor vehicle offense, a class C 
     misdemeanor, or an infraction, exercise all powers granted to 
     the district court under chapter 403 of this title. The 
     magistrate judge may, in any other class B or C misdemeanor 
     case involving a juvenile in which consent to trial before a 
     magistrate judge has been filed under subsection (b), 
     exercise all powers granted to the district court under 
     chapter 403 of this title.''.
       (b) Amendments to Title 28.--Section 636(a) of title 28, 
     United States Code, is amended--
       (1) by striking out ``, and'' at the end of paragraph (3) 
     and inserting in lieu thereof a semicolon; and
       (2) by striking out paragraph (4) and inserting the 
     following:
       ``(4) the power to enter a sentence for a petty offense 
     that is a class B misdemeanor charging a motor vehicle 
     offense, a class C misdemeanor, or an infraction; and
       ``(5) the power to enter a sentence for a class A 
     misdemeanor, or a class B or C misdemeanor not covered by 
     paragraph (4), in a case in which the parties have 
     consented.''.
     TITLE III--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND 
                              PROTECTIONS

     SEC. 301. 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. 302. BANKRUPTCY JUDGES REAPPOINTMENT PROCEDURE.

       Section 120 of the Bankruptcy Amendments and Federal 
     Judgeship Act of 1984 (Public Law 98-353; 28 U.S.C. 152 
     note), is amended--
       (1) in subsection (a) by adding at the end thereof the 
     following new paragraph:
       ``(3) When filling vacancies, the court of appeals may 
     consider reappointing incumbent bankruptcy judges under 
     procedures prescribed by regulations issued by the 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. 303. 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. 304. FULL-TIME STATUS OF COURT REPORTERS.

       Section 753(e) of title 28, United States Code, is amended 
     by inserting after the first sentence the 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. 305. COURT INTERPRETERS.

       Section 1827 of title 28, United States Code, is amended by 
     adding at the end thereof the following new subsection:
       ``(l) Notwithstanding any other provision of this 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 
     subsection in accordance with the schedule of fees prescribed 
     by the Director under subsection (b)(3) of this section.''.

     SEC. 306. 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. 307. 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. 308. PROCEEDINGS ON COMPLAINTS AGAINST JUDICIAL CONDUCT.

       (a) In General.--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

[[Page H10456]]

       (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 Federal 
     Courts Improvement Act of 1996.''.
       (b) Effective Date.--The amendments made by this section 
     apply to complaints filed on or after the 180th day after the 
     date of the enactment of this Act.
              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 of interpreters, 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 1932 the following 
     new section:

     ``Sec. 1933. Judicial Panel on Multidistrict Litigation

       ``The Judicial Conference of the United States shall 
     prescribe from time to time the fees and costs to be charged 
     and collected by the Judicial Panel on 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:

``1933. 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. 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 chief judge, 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.

[[Page H10457]]

       (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.
                   TITLE VI--PLACES OF HOLDING COURT

     SEC. 601. PLACE OF HOLDING COURT IN THE SOUTHERN DISTRICT OF 
                   NEW YORK.

       The last sentence of section 112(b) of title 28, United 
     States Code, is amended to read as follows:

     ``Court for the Southern District shall be held at New York, 
     White Plains, and in the Middletown-Wallkill area of Orange 
     County or such nearby location as may be deemed 
     appropriate.''.

     SEC. 602. PLACE OF HOLDING COURT IN THE EASTERN DISTRICT OF 
                   TEXAS.

       (a) The second sentence of section 124(c)(3) of title 28, 
     United States Code, is amended by inserting ``and Plano'' 
     after ``held at Sherman''.
       (b) Sections 83(b)(1) and 124(c)(6) of title 28, United 
     States Code, are each amended in the last sentence by 
     inserting before the period the following: ``, and may be 
     held anywhere within the Federal courthouse in Texarkana that 
     is located astride the State line between Texas and 
     Arkansas''.
                        TITLE VII--MISCELLANEOUS

     SEC. 701. 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. 702. THE DIRECTOR AND DEPUTY DIRECTOR OF THE 
                   ADMINISTRATIVE OFFICE AS OFFICERS OF THE UNITED 
                   STATES.

       Section 601 of title 28, United States Code, is amended by 
     adding at the end thereof the following: ``The Director and 
     Deputy Director shall be deemed to be officers for purposes 
     of title 5, United States Code.''.

     SEC. 703. REMOVAL OF ACTION FROM STATE COURT.

       Section 1446(c)(1) of title 28, United States Code, is 
     amended by striking out ``petitioner'' and inserting in lieu 
     thereof ``defendant or defendants''.

     SEC. 704. FEDERAL JUDICIAL CENTER EMPLOYEE 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. 705. ABOLITION OF THE SPECIAL COURT, REGIONAL RAIL 
                   REORGANIZATION ACT OF 1973.

       (a) Abolition of the Special Court.--Section 209 of the 
     Regional Rail Reorganization Act of 1973 (45 U.S.C. 719) is 
     amended in subsection (b)--
       (1) by inserting ``(1)'' before ``Within 30 days after''; 
     and
       (2) by adding at the end thereof the following new 
     paragraph:
       ``(2) The special court referred to in paragraph (1) of 
     this subsection is abolished effective 90 days after the date 
     of the enactment of the Federal Courts Improvement Act of 
     1996. On such effective date, all jurisdiction and other 
     functions of the special court shall be assumed by the United 
     States District Court for the District of 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 
     established under paragraph (1) of this subsection.''.
       (b) Appellate Review.--(1) Section 209(e) of the Regional 
     Rail Reorganization Act of 1973 (45 U.S.C. 719) is amended by 
     striking paragraph (3) and inserting in lieu thereof the 
     following:
       ``(3) An order or judgment of the United States 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 amended--
       (A) in subsection (g) by inserting ``or the Court of 
     Appeals for the District of Columbia Circuit'' after 
     ``Supreme Court''; and
       (B) by striking out subsection (h).
       (2) Section 305(d)(4) of the Regional Rail 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 the 
     enactment of this Act, any case pending in the special court 
     established under section 209(b) of the Regional Rail 
     Reorganization Act of 1973 (45 U.S.C. 719(b)) shall be 
     assigned to the United States District Court for the District 
     of Columbia as though the case had originally been filed in 
     that court. The amendments made by subsection (b) of this 
     section shall not apply to any final order or judgment 
     entered by the special court for which--
       (1) a petition for writ of certiorari has been filed before 
     the date on which the special court is abolished; or
       (2) the time for filing a petition for writ of 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 the enactment of this Act and, except as provided 
     in subsection (d), shall apply with respect to proceedings 
     that arise or continue on or after such effective date.

     SEC. 706. 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,'';
       (2) by inserting ``or she'' after ``he''; and
       (3) by inserting at the end the following: ``Each district 
     judge of the Southern District of New York and the Eastern 
     District of New York may reside within 20 miles of the 
     district for which he or she is appointed.''.

     SEC. 707. CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS.

       (a) Authorization of Arbitration.--Section 473(a)(6)(B) of 
     title 28, United States Code, is amended by inserting 
     ``arbitration,'' before ``mediation''.
       (b) Report on Demonstration Program.--Section 104(d) of the 
     Civil Justice Reform

[[Page H10458]]

     Act of 1990 (28 U.S.C. 471 note) is amended by striking out 
     ``December 31, 1996,'' and inserting in lieu thereof ``June 
     30, 1997,''.
       (c) Report on Pilot Program.--Section 105(c)(1) of the 
     Civil Justice Reform Act of 1990 (28 U.S.C. 471 note) is 
     amended by striking out ``December 31, 1996,'' and inserting 
     in lieu thereof ``June 30, 1997,''.

     SEC. 708. VENUE FOR TERRITORIAL COURTS.

       (a) Change of Venue.--Section 1404(d) of title 28, United 
     States Code, is amended to read as follows:
       ``(d) As used in this section, the term `district court' 
     includes the District Court of Guam, the District Court for 
     the Northern Mariana Islands, and the District Court of the 
     Virgin Islands, and the term `district' includes the 
     territorial jurisdiction of each such court.''.
       (b) Cure or Waiver of Defects.--Section 1406(c) of title 
     28, United States Code, is amended to read as follows:
       ``(c) As used in this section, the term `district court' 
     includes the District Court of Guam, the District Court for 
     the Northern Mariana Islands, and the District Court of the 
     Virgin Islands, and the term `district' includes the 
     territorial jurisdiction of each such court.''.
       (c) Applicability.--The amendments made by this section 
     apply to cases pending on the date of the enactment of this 
     Act and to cases commenced on or after such date.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois [Mr. Flanagan] and the gentlewoman from Colorado [Mrs. 
Schroeder] each will control 20 minutes.
  The Chair recognizes the gentleman from Illinois [Mr. Flanagan].


                             general leave

  Mr. FLANAGAN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. FLANAGAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 3968, the Federal Courts 
Improvement Act of 1996. This legislation embodies a series of 
proposals pertaining to the Federal courts system and the 
administration thereof, that have been endorsed by the Judicial 
Conference of the United States. The provisions of the bill address 
administrative, financial, personnel, organizational, and technical 
changes that are needed by the courts and their supporting agencies. 
H.R. 3968 represents a scaled-back version of earlier legislation, H.R. 
1989, that my colleague from Colorado, Mrs. Schroeder and Chairman 
Moorhead introduced at the request of the judicial conference.
  The provisions in H.R. 3968 are noncontroversial and affect a wide 
range of judicial branch programs and operations. The reappointment 
procedure of bankruptcy judges is simplified and the term definition of 
certain temporary bankruptcy judgeships is clarified. Provisions 
affecting court reporters, court interpreters, and employees of the 
administrative office of the U.S. Courts are included. The bill 
corrects inconsistencies in the operations of the Judicial Survivors' 
Annuities System and civil action filing fees and other user fees are 
increased for the first time in 10 years. Clarification of statutory 
removal and venue provisions are made, as well as other changes. I 
think it is clear that H.R. 3968 will have a positive impact on the 
operations of the Federal courts and enhance the delivery of justice in 
the Federal system and I urge my colleagues' support for the 
legislation.
  Mr. GILMAN. Mr. Speaker, will the gentleman yield?
  Mr. FLANAGAN. I yield to the gentleman from New York
  Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding. I want 
to thank him for bringing this measure to the floor. I thank the 
Committee on the Judiciary.
  Mr. Speaker, I rise in strong support for H.R. 3968, the Federal 
Courts Improvement Act. I want to thank Chairman Moorhead for all of 
his hard work on this bill and for the inclusion of section 601, title 
VI, which establishes the Middletown-Wallkill Area of Orange County, 
NY, as a place for court proceedings in the southern district of New 
York.
  The need for a Federal court facility in the Middletown-Wallkill Area 
is genuine and well founded. This issue has been considered and 
approved by all of the judges of the southern district of New York, all 
of the members of the judicial council of the second circuit, as well 
as the Judicial Conference of the United States.
  As Chairman Moorhead knows, the judicial conference takes the issue 
of establishing a place for holding court very seriously and studies 
all requests fully before granting any approval. I am confident that 
the importance of this fact will be duly recognized by the Senate 
during consideration of this matter.
  I look forward to working with Chairman Moorhead on the Middletown-
Wallkill Court facility issue, and I again thank him for his efforts on 
behalf of the southern district of New York.
  Accordingly, I urge my colleagues to fully support his bill.
  Mr. FLANAGAN. I thank the distinguished chairman for his remarks.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. SCHROEDER. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. SCHROEDER asked and was given permission to revise and extend 
her remarks.)
  Mrs. SCHROEDER. Mr. Speaker, I clearly rise in support of this bill, 
and I really want to thank the chairman of the subcommittee, Carlos 
Moorhead, from California, who has done such a wonderful job to move 
this bill in the very short period of time we have left.
  We worked very hard to take this bill, which came at the request of 
the judicial conference, to put in it every single thing we could, but 
we also tried to make sure that we minimized controversy so we could 
maximize the results and get it done. We full well knew that there was 
not going to be time to bring controversial things or have long 
hearings. In the end, I think we have done a very good job of getting 
as much as we possibly can at this time that will be noncontroversial.
  I am particularly pleased this bill includes a provision that will 
produce considerable efficiency gains for the Federal courts by 
providing for trial before magistrate judges in most petty offense 
cases, while at the same time we can protect the right to trial before 
a district judge in all class B misdemeanors.

                              {time}  1530

  That may sound like gobbledygook to most people, but it will help the 
efficiency of the courts.
  In language that was approved by the Committee on the Judiciary, it 
differs a little bit from that proposed by the Judicial Conference, 
because the committee did recognize that class B misdemeanors do carry 
the potential for a level of punishment many people would consider to 
be significant.
  We want to recognize the special needs of those districts that have 
this very high caseload of petty offenses that are Federal cases only 
because of the accident of geography; that is, the offense occurred on 
Federal property, therefore, it goes into a Federal court.
  We realized that clutters the court, but, at the same time, we drew 
the line making sure that there were some core Federal law concerns, 
such as illegal entry charges under our immigration laws that would 
give people access to a title III judge and it was terribly important 
that we preserve that part.
  So that is the real main difference from what the Judicial Conference 
asked us to do, but we did it and I think it is going to be fine.
  I really join the gentleman from California and the gentleman from 
Illinois in urging my colleagues to support this bill so that we can do 
everything we can to help the Judicial Conference move forward 
efficiently.
  Mr. FLANAGAN. Mr. Speaker, I yield myself such time as I may consume 
to thank the gentlewoman for her remarks and her support for the bill, 
one she has worked so hard to move forward.
  Mr. Speaker, I yield 1 minute to the gentleman from California [Mr. 
Moorhead], the distinguished chairman of the subcommittee.
  Mr. MOORHEAD. Mr. Speaker, I wish to at this time thank the 
gentlewoman from Colorado [Mrs. Schroeder] for the work that she has 
done for this subcommittee during this 2-year period. It has been 
outstanding with her assistance, and she has been a great, great help 
to the committee during that time.
  Betty Wheeler, who is her counsel, has certainly done a marvelous job 
in

[[Page H10459]]

all the work she has done, along with our staff on our side of the 
aisle. All of the staff have been outstanding this year. This is the 
culmination, one of the fine pieces of legislation that we have gotten 
out of the committee.
  H.R. 1989 was the original bill that was introduced by the 
gentlewoman from Colorado [Mrs. Schroeder] and myself, and H.R. 3968 
represents a scaled-back version of that bill. But it is a fine piece 
of legislation that has been requested by the Judicial Conference, and 
I know that it will improve the general laws of the United States 
relating to the courts.
  Mrs. SCHROEDER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California [Ms. Lofgren].
  Ms. LOFGREN. Mr. Speaker, I just wanted to say something briefly 
about the gentlewoman from Colorado [Mrs. Schroeder] and the gentleman 
from California [Mr. Moorhead].
  As a new Member of this Congress and of the Committee on the 
Judiciary, I do not know that they have received sufficient praise for 
the really excellent bipartisan work that they have done in this 
Congress on issues that really matter in patent law and other areas 
that just are so sensible.
  Clearly, there are things they do not agree on, and they are very 
open about that, but they work together in a bipartisan way. They have 
made the country a better place as a consequence, and I, for one, 
commend them and thank them, and I am going to miss them both in the 
next Congress, if the voters send me back.
  Mrs. SCHROEDER. Mr. Speaker, I thank the gentlewoman.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. FLANAGAN. Mr. Speaker, I yield myself such time as I may consume 
to associate myself with the remarks of the gentlewoman from California 
[Ms. Lofgren].
  As has been the case, I have remarked on three separate occasions so 
far in this Congress, this is yet another worthy chairman and a ranking 
member that are retiring together, and what a fine job they have done 
through decades of service to the Congress. I thank them both for not 
only their fine work on this bill but the good work they have done 
through the years.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Moorhead] that the House suspend the 
rules and pass the bill, H.R. 3968, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________