[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.
____________________