[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Pages S12379-S12390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FEDERAL COURTS IMPROVEMENT ACT OF 1996

  Mr. LOTT. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of Calendar No. 547, S. 1887, to make 
improvements in the operation and administration of the Federal courts.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1887) to make improvements in the operation and 
     administration of the Federal courts and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on the Judiciary, with 
amendments; as follows:

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                S. 1881

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Courts Improvement Act of 1996''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

         TITLE I--CRIMINAL LAW AND CRIMINAL JUSTICE AMENDMENTS

Sec. 101. New authority for probation and pretrial services officers.
Sec. 102. Tort Claims Act amendments relating to liability of Federal 
              public defenders.

                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

Sec. 201. Duties of magistrate judge on emergency assignment.
Sec. 202. Consent to trial in certain criminal actions.
Sec. 203. Venue in civil actions.
Sec. 204. Registration of judgments for enforcement in other districts.
Sec. 205. Vacancy in clerk position; absence of clerk.
Sec. 206. Diversity jurisdiction.
Sec. 207. Bankruptcy Administrator Program.
Sec. 208. Removal of cases against the United States and Federal 
              officers or agencies.
Sec. 209. Appeal route in civil cases decided by magistrate judges with 
              consent.
Sec. 210. Reports by judicial councils relating to misconduct and 
              disability orders.
Sec. 211. Protective orders; sealing of cases; disclosure of 
              information.

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

Sec. 301. Senior judge certification.
Sec. 302. Refund of contribution for deceased deferred annuitant under 
              the Judicial Survivors' Annuities System.
Sec. 303. Judicial administrative officials retirement matters.
Sec. 304. Bankruptcy judges reappointment procedure.
Sec. 305. Carrying of firearms.
Sec. 306. Technical correction related to commencement date of 
              temporary judgeships.
Sec. 307. Full-time status of court reporters.
Sec. 308. Court interpreters.
Sec. 309. Technical amendment related to commencement date of temporary 
              bankruptcy judgeships.
Sec. 310. Contribution rate for senior judges under the judicial 
              survivors' annuities system.
Sec. 311. Prohibition against awards of costs, including attorneys 
              fees, and injunctive relief against a judicial officer.

              TITLE IV--JUDICIAL FINANCIAL ADMINISTRATION

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

        TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

Sec. 501. Parties' consent to bankruptcy judge's findings and 
              conclusions of law.
Sec. 502. Qualification of Chief Judge of Court of International Trade.
Sec. 503. Judicial cost-of-living adjustments.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Participation in judicial governance activities by district, 
              senior, and magistrate judges.
Sec. 602. The Director and Deputy Director of the administrative office 
              as officers of the United States.
Sec. 603. Removal of action from State court.
Sec. 604. Federal judicial center employee retirement provisions.
Sec. 605. Abolition of the special court, Regional Rail Reorganization 
              Act of 1973.
Sec. 606. Place of holding court in the District Court of Utah.
Sec. 607. Exception of residency requirement for district judges 
              appointed to the Southern District and Eastern District 
              of New York.
Sec. 608. Extension of civil justice expense and delay reduction 
              reports on pilot and demonstration programs.
Sec. 609. Extension of arbitration.
Sec. 610. State Justice Institute.
         TITLE I--CRIMINAL LAW AND CRIMINAL JUSTICE AMENDMENTS

     SEC. 101. NEW AUTHORITY FOR PROBATION AND PRETRIAL SERVICES 
                   OFFICERS.

       (a) Probation Officers.--Section 3603 of title 18, United 
     States Code, is amended--
       (1) by striking out ``and'' at the end of paragraph (8)(B);
       (2) by redesignating paragraph (9) as paragraph (10); and
       (3) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) if approved by the district court, be authorized to 
     carry firearms under such rules and regulations as the 
     Director of the Administrative Office of the United States 
     Courts may prescribe; and''.
       (b) Pretrial Services Officers.--Section 3154 of title 18, 
     United States Code, is amended--
       (1) by redesignating paragraph (13) as paragraph (14); and
       (2) by inserting after paragraph (12) the following new 
     paragraph:
       ``(13) If approved by the district court, be authorized to 
     carry firearms under such rules and regulations as the 
     Director of the Administrative Office of the United States 
     Courts may prescribe.''.

[[Page S12380]]

     SEC. 102. TORT CLAIMS ACT AMENDMENTS RELATING TO LIABILITY OF 
                   FEDERAL PUBLIC DEFENDERS.

       Section 2680 of title 28, United States Code, is amended by 
     adding at the end thereof the following new subsection:
       ``(o) Any claim for money damages for injury, loss of 
     liberty, loss of property, or personal injury or death 
     arising from malpractice or negligence of an officer or 
     employee of a Federal Public Defender Organization in 
     furnishing representational services under section 3006A of 
     title 18.''.
                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

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

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

     SEC. 202. CONSENT TO TRIAL IN CERTAIN CRIMINAL ACTIONS.

       (a) Amendments to Title 18.--(1) Section 3401(b) of title 
     18, United States Code, is amended--
       (A) by inserting ``, other than a petty offense,'' in the 
     first sentence after ``misdemeanor''; and
       (B) by striking out the third sentence and inserting in 
     lieu thereof the following: ``The magistrate judge may not 
     proceed to try the case unless the defendant, after such 
     explanation, expressly consents to be tried before the 
     magistrate judge and expressly and specifically waives trial, 
     judgment, and sentencing by a district judge. Any such 
     consent and waiver shall be made in writing or orally on the 
     record.''.
       (2) Section 3401(g) of title 18, United States Code, is 
     amended by striking out the first sentence and inserting in 
     lieu thereof the following: ``The magistrate judge may, in a 
     petty offense case involving a juvenile, exercise all powers 
     granted to the district court under chapter 403 of this 
     title.''.
       (b) Amendments to Title 28.--Section 636(a) of title 28, 
     United States Code, is amended--
       (1) by striking out ``, and'' at the end of paragraph (3) 
     and inserting in lieu thereof a semicolon;
       (2) by redesignating paragraph (4) as paragraph (5) and by 
     striking out ``or infraction'' in such paragraph and 
     inserting in lieu thereof ``, other than a petty offense,''; 
     and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) the power to enter a sentence for a petty offense; 
     and''.

     SEC. 203. VENUE IN CIVIL ACTIONS.

       (a) In General.--Section 1392 of title 28, United States 
     Code, is amended--
       (1) by amending the section heading to read as follows:

     ``Sec. 1392. Property in different districts in same State'';

       (2) by striking out subsection (a); and
       (3) in subsection (b) by striking out ``(b)''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 87 of title 28, United States Code, is 
     amended by amending the item relating to section 1392 to 
     read as follows:

``1392. Property in different districts in same State.''.

     SEC. 204. REGISTRATION OF JUDGMENTS FOR ENFORCEMENT IN OTHER 
                   DISTRICTS.

       (a) In General.--Section 1963 of title 28, United States 
     Code, is amended--
       (1) by amending the section heading to read as follows:

     ``Sec. 1963. Registration of judgments for enforcement in 
       other districts'';

       (2) in the first sentence--
       (A) by striking out ``district court'' and inserting in 
     lieu thereof ``court of appeals, district court, bankruptcy 
     court,''; and
       (B) by striking out ``such judgment'' and inserting in lieu 
     thereof ``the judgment''; and
       (3) by adding at the end thereof the following new 
     undesignated paragraph:
       ``The procedure prescribed under this section is in 
     addition to other procedures provided by law for the 
     enforcement of judgments.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 125 of title 28, United States Code, 
     relating to section 1963 is amended to read as follows:

``1963. Registration of judgments for enforcement in other 
              districts.''.

     SEC. 205. VACANCY IN CLERK POSITION; ABSENCE OF CLERK.

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

     ``Sec. 954. Vacancy in clerk position; absence of clerk

       ``When the office of clerk is vacant, the deputy clerks 
     shall perform the duties of the clerk in the name of the last 
     person who held that office. When the clerk is incapacitated, 
     absent, or otherwise unavailable to perform official duties, 
     the deputy clerks shall perform the duties of the clerk in 
     the name of the clerk. The court may designate a deputy clerk 
     to act temporarily as clerk of the court in his or her own 
     name.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 57 of title 28, United States Code, 
     relating to section 954 is amended to read as follows:

``954. Vacancy in clerk position; absence of clerk.''.

     SEC. 206. DIVERSITY JURISDICTION.

       (a) In General.--Section 1332 of title 28, United States 
     Code, is amended--
       (1) in subsection (a) by striking out ``$50,000'' and 
     inserting in lieu thereof ``$75,000''; and
       (2) in subsection (b) by striking out ``$50,000'' and 
     inserting in lieu thereof ``$75,000''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect 90 days after the date of enactment of this 
     Act.

     SEC. 207. BANKRUPTCY ADMINISTRATOR PROGRAM.

       (a) Appointment of Trustees.--Until the amendments made by 
     subtitle A of title II of the Bankruptcy Judges, United 
     States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 
     U.S.C. 581 note; Public Law 99-554; 100 Stat. 3097) become 
     effective in a judicial district and apply to a case, a 
     bankruptcy administrator appointed to serve in the district 
     pursuant to section 302(d)(3)(I) of such Act, as amended by 
     section 317(a) of the Federal Courts Study Committee 
     Implementation Act of 1990 (Public Law 101-650; 104 Stat. 
     5115), shall appoint the trustees, examiners, and standing 
     trustees notwithstanding the references in those sections of 
     title 11, United States Code, to appointments by the court.
       (b) Standing Trustees.--A bankruptcy administrator who has 
     appointed a standing trustee pursuant to subsection (a) of 
     this section shall fix the standing trustee's maximum annual 
     compensation and percentage fee, subject to the limitations 
     set out in sections 1202 and 1302 of title 11, United States 
     Code, as amended by section 110 of the Federal Employee Pay 
     Comparability Act of 1990 (Public Law 101-509; 104 Stat. 
     1427, 1452). The bankruptcy administrator shall fix the 
     maximum annual compensation and percentage fee 
     notwithstanding the references in those sections of title 11, 
     United States Code, to the court's fixing them.
       (c) Service as Trustee.--A bankruptcy administrator may 
     serve as and perform the duties of a trustee in a case under 
     chapter 7 of title 11, United States Code, if none of the 
     members of the panel of private trustees is disinterested and 
     willing to serve as trustee in the case. A bankruptcy 
     administrator may serve as and perform the duties of a 
     trustee or standing trustee in cases under chapter 12 or 
     chapter 13 of title 11, United States Code, if necessary.
       (d) Appointment of Committees.--Until the amendments made 
     by subtitle A of title II of the Bankruptcy Judges, United 
     States Trustees, and Family Farmer Bankruptcy Act of 1986 
     become effective in a judicial district and apply to a case, 
     the bankruptcy administrator appointed to serve in the 
     district shall appoint the committees of creditors and equity 
     security holders provided in section 1102 of title 11, United 
     States Code. The bankruptcy administrator shall appoint the 
     committees notwithstanding the references in those sections 
     of title 11, United States Code, to appointments by the 
     court.

     SEC. 208. REMOVAL OF CASES AGAINST THE UNITED STATES AND 
                   FEDERAL OFFICERS OR AGENCIES.

       (a) In General.--Section 1442 of title 28, United States 
     Code, is amended--
       (1) in the section heading by inserting ``or agencies'' 
     after ``officers''; and
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1) by striking out 
     ``persons''; and
       (B) in paragraph (1) by striking out ``Any officer of the 
     United States or any agency thereof, or person acting under 
     him, for any act under color of such office'' and inserting 
     in lieu thereof ``The United States or any agency thereof or 
     any officer (or any person acting under that officer) of the 
     United States or of any agency thereof, sued in an official 
     or individual capacity for any act under color of such 
     office''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 89 of title 28, United States Code, is 
     amended by amending the item relating to section 1442 to read 
     as follows:

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

     SEC. 209. APPEAL ROUTE IN CIVIL CASES DECIDED BY MAGISTRATE 
                   JUDGES WITH CONSENT.

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

     SEC. 210. REPORTS BY JUDICIAL COUNCILS RELATING TO MISCONDUCT 
                   AND DISABILITY ORDERS.

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

     SEC. 211. PROTECTIVE ORDERS; SEALING OF CASES; DISCLOSURE OF 
                   INFORMATION.

       (a) Short Title.--This section may be cited as the 
     ``Sunshine in Litigation Act of 1996''.
       (b) Protective Orders and Sealing of Cases and Settlements 
     Relating to Public

[[Page S12381]]

     Health or Safety.--Chapter 111 of title 28, United States 
     Code, is amended by adding at the end thereof the following 
     new section:

     ``Sec. 1659. Protective orders and sealing of cases and 
       settlements relating to public health or safety

       ``(a)(1) A court shall enter an order under rule 26(c) of 
     the Federal Rules of Civil Procedure restricting the 
     disclosure of information obtained through discovery or an 
     order restricting access to court records in a civil case 
     only after making particularized findings of fact that--
       ``(A) such order would not restrict the disclosure of 
     information which is relevant to the protection of public 
     health or safety; or
       ``(B)(i) the public interest in disclosure of potential 
     health or safety hazards is clearly outweighed by a specific 
     and substantial interest in maintaining the confidentiality 
     of the information or records in question; and
       ``(ii) the requested protective order is no broader than 
     necessary to protect the privacy interest asserted.
       ``(2) No order entered in accordance with the provisions of 
     paragraph (1) shall continue in effect after the entry of 
     final judgment, unless at or after such entry the court makes 
     a separate particularized finding of fact that the 
     requirements of paragraph (1) (A) or (B) have been met.
       ``(b) The party who is the proponent for the entry of an 
     order, as provided under this section, shall have the burden 
     of proof in obtaining such an order.
       ``(c)(1) No agreement between or among parties in a civil 
     action filed in a court of the United States may contain a 
     provision that prohibits or otherwise restricts a party from 
     disclosing any information relevant to such civil action to 
     any Federal or State agency with authority to enforce laws 
     regulating an activity relating to such information.
       ``(2) Any disclosure of information to a Federal or State 
     agency as described under paragraph (1) shall be confidential 
     to the extent provided by law.''.
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 111 of title 28, United States Code, is 
     amended by adding after the item relating to section 1658 the 
     following:

``1659. Protective orders and sealing of cases and settlements relating 
              to public health or safety.''.

       (d) Effective Date.--The amendments made by this section 
     shall take effect 30 days after the date of the enactment of 
     this Act and shall apply only to orders entered in civil 
     actions or agreements entered into on or after such date.
     TITLE III--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND 
                              PROTECTIONS

     SEC. 301. SENIOR JUDGE CERTIFICATION.

       (a) Retroactive Credit for Resumption of Significant 
     Workload.--Section 371(f)(3) of title 28, United States Code, 
     is amended by striking out ``is thereafter ineligible to 
     receive such a certification.'' and inserting in lieu thereof 
     ``may thereafter receive a certification for that year by 
     satisfying the requirements of subparagraph (A), (B), (C), or 
     (D) of paragraph (1) of this subsection in a subsequent year 
     and attributing a sufficient part of the work performed in 
     such subsequent year to the earlier year so that the work so 
     attributed, when added to the work performed during such 
     earlier year, satisfies the requirements for certification 
     for that year. However, a justice or judge may not receive 
     credit for the same work for purposes of certification for 
     more than 1 year.''.
       (b) Aggregation of Certain Work for Partial Years.--Section 
     371(f)(1) of title 28, United States Code, is amended by 
     adding at the end of subparagraph (D) the following: ``In any 
     year in which a justice or judge performs work described 
     under this subparagraph for less than the full year, one-
     half of such work may be aggregated with work described 
     under subparagraph (A), (B), or (C) of this paragraph for 
     the purpose of the justice or judge satisfying the 
     requirements of such subparagraph.''.

     SEC. 302. REFUND OF CONTRIBUTION FOR DECEASED DEFERRED 
                   ANNUITANT UNDER THE JUDICIAL SURVIVORS' 
                   ANNUITIES SYSTEM.

       Section 376(o)(1) of title 28, United States Code, is 
     amended by striking out ``or while receiving `retirement 
     salary','' and inserting in lieu thereof ``while receiving 
     retirement salary, or after filing an election and otherwise 
     complying with the conditions under subsection (b)(2) of this 
     section,''.

     SEC. 303. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT 
                   MATTERS.

       (a) Director of the Administrative Office of the United 
     States Courts.--(1) Section 611(b) of title 28, United States 
     Code, is amended--
       (A) in the first undesignated paragraph by striking out 
     ``who has served at least fifteen years and'' and inserting 
     in lieu thereof ``who has at least 15 years of service and 
     has''; and
       (B) in the second undesignated paragraph by striking out 
     ``who has served at least ten years,'' and inserting in lieu 
     thereof ``who has at least 10 years of service,''.
       (2) Section 611(c) of title 28, United States Code, is 
     amended--
       (A) by striking out ``served at least fifteen years,'' and 
     inserting in lieu thereof ``at least 15 years of service,''; 
     and
       (B) by striking out ``served less than fifteen years,'' and 
     inserting in lieu thereof ``less than 15 years of service,''.
       (3) Section 611(d) of title 28, United States Code, is 
     amended by inserting ``a congressional employee in the 
     capacity of primary administrative assistant to a Member of 
     Congress or in the capacity of staff director or chief 
     counsel for the majority or the minority of a committee or 
     subcommittee of the Senate or House of Representatives,'' 
     after ``Congress,''.
       (b) Employees of the Administrative Office of the United 
     States Courts.--(1) Section 627(c) of title 28, United States 
     Code, is amended--
       (A) in the first undesignated paragraph by striking out 
     ``who has served at least fifteen years and'' and inserting 
     in lieu thereof ``who has at least 15 years of service and 
     has''; and
       (B) in the second undesignated paragraph by striking out 
     ``who has served at least ten years,'' and inserting in lieu 
     thereof ``who has at least 10 years of service,''.
       (2) Section 627(d) of title 28, United States Code, is 
     amended--
       (A) by striking out ``served at least fifteen years,'' and 
     inserting in lieu thereof ``at least 15 years of service,''; 
     and
       (B) by striking out ``served less than fifteen years,'' and 
     inserting in lieu thereof ``less than 15 years of service,''.
       (3) Section 627(e) of title 28, United States Code, is 
     amended by inserting ``a congressional employee in the 
     capacity of primary administrative assistant to a Member of 
     Congress or in the capacity of staff director or chief 
     counsel for the majority or the minority of a committee or 
     subcommittee of the Senate or House of Representatives,'' 
     after ``Congress,''.

     SEC. 304. BANKRUPTCY JUDGES REAPPOINTMENT PROCEDURE.

       Section 120 of the Bankruptcy Amendments and Federal 
     Judgeship Act of 1984 (Public Law 98-353; 98 Stat. 344), is 
     amended--
       (1) in subsection (a) by adding at the end thereof the 
     following new paragraph:
       ``(3) When filling vacancies, the court of appeals may 
     consider reappointing incumbent bankruptcy judges under 
     procedures prescribed by regulations issued by the Judicial 
     Conference of the United States.''; and
       (2) in subsection (b) by adding at the end thereof the 
     following: ``All incumbent nominees seeking reappointment 
     thereafter may be considered for such a reappointment, 
     pursuant to a majority vote of the judges of the appointing 
     court of appeals, under procedures authorized under 
     subsection (a)(3).''.

     SEC. 305. CARRYING OF FIREARMS.

       (a) In General.--Chapter 21 of title 28, United States 
     Code, is amended by adding at the end thereof the following 
     new section:

     ``Sec. 464. Carrying of firearms by judicial officers

       ``(a) A judicial officer of the United States is authorized 
     to carry firearms, whether concealed or not, 
     under regulations promulgated by the Judicial Conference 
     of the United States.
       [``(b) A judicial officer of the United States is immune 
     from civil liability when possessing or using a firearm, for 
     the purpose of self defense, under the authority of this 
     section and in accordance with Judicial Conference 
     regulation.
       [``(c) For purposes of this section, the term `judicial 
     officer of the United States' means--
       [``(1) a justice or judge of the United States as defined 
     in section 451 of this title;
       [``(2) a United States bankruptcy judge;
       [``(3) a full-time or part-time United States magistrate 
     judge;
       [``(4) a judge of the United States Court of Federal 
     Claims;
       [``(5) a judge of the United States District Court of Guam;
       [``(6) a judge of the United States District Court for the 
     Northern Mariana Islands;
       [``(7) a judge of the United States District Court of the 
     Virgin Islands; or
       [``(8) an individual who is receiving a retirement annuity 
     based on service in any of the judicial positions described 
     under paragraphs (1) through (7).''.]
       ``(b)(1) The regulations promulgated by the Judicial 
     Conference under subsection (a) shall--
       ``(A) require a demonstration of a judicial officer's 
     proficiency in the use and safety of firearms as a 
     prerequisite to the carrying of firearms under the authority 
     of this section; and
       ``(B) make appropriate provisions for the carrying of 
     firearms by judicial officers who are under the protection of 
     United States Marshals while away from United States 
     courthouses.
       ``(2) On the request of the Judicial Conference, the 
     Department of Justice (including each agency of the 
     Department) shall cooperate with the Judicial Conference in 
     providing firearms training and other services to assist 
     judicial officers in securing such proficiency.
       ``(c) For purposes of this section, the term `judicial 
     officer of the United States' means--
       ``(1) a justice or judge of the United States as defined in 
     section 451 of this title in regular active or retired from 
     regular active service;
       ``(2) a justice or judge of the United States who has 
     retired from the judicial office under section 371(a) of this 
     title for--
       ``(A) a 1-year period following such justice's or judge's 
     retirement; or
       ``(B) a longer period of time if approved by the Judicial 
     Conference of the United States when exceptional 
     circumstances warrant;
       ``(3) a United States bankruptcy judge;
       ``(4) a full-time or part-time United States magistrate 
     judge;
       ``(5) a judge of the United States Court of Federal Claims;
       ``(6) a judge of the United States District Court of Guam;
       ``(7) a judge of the United States District Court for the 
     Northern Mariana Islands;

[[Page S12382]]

       ``(8) a judge of the United States District Court of the 
     Virgin Islands; or
       ``(9) an individual who is retired from one of the judicial 
     positions described under paragraphs (3) through (8) to the 
     extent provided for in regulations of the Judicial Conference 
     of the United States.
       ``(d) Notwithstanding section 46303(c)(1) of title 49, 
     nothing in this section authorizes a judicial officer of the 
     United States to carry a dangerous weapon on an aircraft or 
     other common carrier.''
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 21 of title 28, United States Code, is 
     amended by adding at the end thereof the following:

``464. Carrying of firearms by judicial officers.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act.

     SEC. 306. TECHNICAL CORRECTION RELATED TO COMMENCEMENT DATE 
                   OF TEMPORARY JUDGESHIPS.

       Section 203(c) of the Judicial Improvements Act of 1990 
     (Public Law 101-650; 104 Stat. 5101; 28 U.S.C. 133 note) is 
     amended by adding at the end thereof the following: ``For 
     districts named in this subsection for which multiple 
     judgeships are created by this Act, the last of those 
     judgeships filled shall be the judgeship created under this 
     subsection.''.

     SEC. 307. FULL-TIME STATUS OF COURT REPORTERS.

       Section 753(e) of title 28, United States Code, is amended 
     by inserting after the first sentence the following: ``For 
     the purposes of subchapter III of chapter 83 of title 5 and 
     chapter 84 of such title, a reporter shall be considered a 
     full-time employee during any pay period for which a reporter 
     receives a salary at the annual salary rate fixed for a full-
     time reporter under the preceding sentence.''.

     SEC. 308. COURT INTERPRETERS.

       Section 1827 of title 28, United States Code, is amended by 
     adding at the end thereof the following new subsection:
       ``(l) Notwithstanding any other provision of this section 
     or section 1828, the presiding judicial officer may appoint a 
     certified or otherwise qualified sign language interpreter to 
     provide services to a party, witness, or other participant in 
     a judicial proceeding, whether or not the proceeding is 
     instituted by the United States, if the presiding judicial 
     officer determines, on such officer's own motion or on the 
     motion of a party or other participant in the proceeding, 
     that such individual suffers from a hearing impairment. The 
     presiding judicial officer shall, subject to the availability 
     of appropriated funds, approve the compensation and expenses 
     payable to sign language interpreters appointed under this 
     section in accordance with the schedule of fees prescribed by 
     the Director under subsection (b)(3) of this section.''.

     SEC. 309. TECHNICAL AMENDMENT RELATED TO COMMENCEMENT DATE OF 
                   TEMPORARY BANKRUPTCY JUDGESHIPS.

       Section 3(b) of the Bankruptcy Judgeship Act of 1992 
     (Public Law 102-361; 106 Stat. 965; 28 U.S.C. 152 note) is 
     amended in the first sentence by striking out ``date of the 
     enactment of this Act'' and inserting in lieu thereof 
     ``appointment date of the judge named to fill the temporary 
     judgeship position''.

     SEC. 310. CONTRIBUTION RATE FOR SENIOR JUDGES UNDER THE 
                   JUDICIAL SURVIVORS' ANNUITIES SYSTEM.

       Section 376(b)(1) of title 28, United States Code, is 
     amended to read as follows:
       ``(b)(1) Every judicial official who files a written 
     notification of his or her intention to come within the 
     purview of this section, in accordance with paragraph (1) of 
     subsection (a) of this section, shall be deemed thereby to 
     consent and agree to having deducted and withheld from his or 
     her salary a sum equal to 2.2 percent of that salary, and a 
     sum equal to 3.5 percent of his or her retirement salary. The 
     deduction from any retirement salary--
       ``(A) of a justice or judge of the United States retired 
     from regular active service under section 371(b) or section 
     372(a) of this title,
       ``(B) of a judge of the United States Court of Federal 
     Claims retired under section 178 of this title, or
       ``(C) of a judicial official on recall under section 
     155(b), 373(c)(4), 375, or 636(h) of this title,

     shall be an amount equal to 2.2 percent of retirement 
     salary.''.

     SEC. 311. PROHIBITION AGAINST AWARDS OF COSTS, INCLUDING 
                   ATTORNEY'S FEES, AND INJUNCTIVE RELIEF AGAINST 
                   A JUDICIAL OFFICER.

       (a) Nonliability for Costs.--Notwithstanding any other 
     provision of law, no judicial officer shall be held liable 
     for any costs, including attorney's fees, in any action 
     brought against such officer for an act or omission taken in 
     such officer's judicial capacity, unless such action was 
     clearly in excess of such officer's jurisdiction.
       (b) Proceedings in Vindication of Civil Rights.--Section 
     722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended 
     by inserting before the period at the end thereof ``, except 
     that in any action brought against a judicial officer for an 
     act or omission taken in such officer's judicial capacity 
     such officer shall not be held liable for any costs, 
     including attorney's fees, unless such action was clearly in 
     excess of such officer's jurisdiction''.
       (c) Civil Action for Deprivation of Rights.--Section 1979 
     of the Revised Statutes (42 U.S.C. 1983) is amended by 
     inserting before the period at the end of the first sentence: 
     ``, except that in any action brought against a judicial 
     officer for an act or omission taken in such officer's 
     judicial capacity, injunctive relief shall not be granted 
     unless a declaratory decree was violated or declaratory 
     relief was unavailable''.
              TITLE IV--JUDICIAL FINANCIAL ADMINISTRATION

     SEC. 401. INCREASE IN CIVIL ACTION FILING FEE.

       (a) Filing Fee Increase.--Section 1914(a) of title 28, 
     United States Code, is amended by striking out ``$120'' and 
     inserting in lieu thereof ``$150''.
       (b) Disposition of Increase.--Section 1931 of title 28, 
     United States Code, is amended--
       (1) in subsection (a) by striking out ``$60'' and inserting 
     in lieu thereof ``$90''; and
       (2) in subsection (b)--
       (A) by striking out ``$120'' and inserting in lieu thereof 
     ``$150''; and
       (B) by striking out ``$60'' and inserting in lieu thereof 
     ``$90''.
       (c) Effective Date.--This section shall take effect 60 days 
     after the date of the enactment of this Act.

     SEC. 402. INTERPRETER PERFORMANCE EXAMINATION FEES.

       (a) In General.--Section 1827(g) of title 28, United States 
     Code, is amended by redesignating paragraph (5) as paragraph 
     (6) and inserting after paragraph (4) the following new 
     paragraph:
       ``(5) If the Director of the Administrative Office of the 
     United States Courts finds it necessary to develop and 
     administer criterion-referenced performance examinations for 
     purposes of certification, or other examinations for the 
     selection of otherwise qualified interpreters, the Director 
     may prescribe for each examination a uniform fee for 
     applicants to take such examination. In determining the rate 
     of the fee for each examination, the Director shall consider 
     the fees charged by other organizations for examinations that 
     are similar in scope or nature. Notwithstanding section 
     3302(b) of title 31, the Director is authorized to provide in 
     any contract or agreement for the development or 
     administration of examinations and the collection of fees 
     that the contractor may retain all or a portion of the fees 
     in payment for the services. Notwithstanding paragraph (6) of 
     this subsection, all fees collected after the effective date 
     of this paragraph and not retained by a contractor shall be 
     deposited in the fund established under section 1931 of this 
     title and shall remain available until expended.''.
       (b) Payment for Contractual Services.--Notwithstanding 
     sections 3302(b), 1341, and 1517 of title 31, United States 
     Code, the Director of the Administrative Office of the United 
     States Courts may include in any contract for the development 
     or administration of examinations for interpreters (including 
     such a contract entered into before the date of the enactment 
     of this Act) a provision which permits the contractor to 
     collect and retain fees in payment for contractual services 
     in accordance with section 1827(g)(5) of title 28, United 
     States Code.

     SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION.

       (a) In General.--(1) Chapter 123 of title 28, United States 
     Code, is amended by adding after section 1931 the following 
     new section:

     ``Sec. 1932. Judicial Panel on Multidistrict Litigation

       ``The Judicial Conference of the United States shall 
     prescribe from time to time the fees and costs to be charged 
     and collected by the Judicial Panel on Multidistrict 
     Litigation.''.
       (2) The table of sections for chapter 123 of title 28, 
     United States Code, is amended by adding after the item 
     relating to section 1931 the following:

``1932. Judicial Panel on Multidistrict Litigation.''.

       (b) Related Fees for Access to Information.--Section 303(a) 
     of the Judiciary Appropriations Act, 1992 (Public Law 102-
     140; 105 Stat. 810; 28 U.S.C. 1913 note) is amended in the 
     first sentence by striking out ``1926, and 1930'' and 
     inserting in lieu thereof ``1926, 1930, and 1932''.

     SEC. 404. DISPOSITION OF FEES.

       (a) Disposition of Attorney Admission Fees.--For each fee 
     collected for admission of an attorney to practice, as 
     prescribed by the Judicial Conference of the United States 
     pursuant to section 1914 of title 28, United States Code, $30 
     of that portion of the fee exceeding $20 shall be deposited 
     into the special fund of the Treasury established under 
     section 1931 of title 28, United States Code. Any portion 
     exceeding $5 of the fee for a duplicate certificate of 
     admission or certificate of good standing, as prescribed by 
     the Judicial Conference of the United States pursuant to 
     section 1914 of title 28, United States Code, shall be 
     deposited into the special fund of the Treasury established 
     under section 1931 of title 28, United States Code.
       (b) Disposition of Bankruptcy Complaint Filing Fees.--For 
     each fee collected for filing an adversary complaint in a 
     bankruptcy proceeding, as established in Item 6 of the 
     Bankruptcy Court Miscellaneous Fee Schedule prescribed by the 
     Judicial Conference of the United States pursuant to section 
     1930(b) of title 28, United States Code, the portion of the 
     fee exceeding $120 shall be deposited into the special fund 
     of the Treasury established under section 1931 of title 28, 
     United States Code.
       (c) Effective Date.--This section shall take effect 60 days 
     after the date of the enactment of this Act.

[[Page S12383]]

        TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

     SEC. 501. PARTIES' CONSENT TO BANKRUPTCY JUDGE'S FINDINGS AND 
                   CONCLUSIONS OF LAW.

       Section 157(c)(1) of title 28, United States Code, is 
     amended to read as follows:
       ``(c)(1) A bankruptcy judge may hear a proceeding that is 
     not a core proceeding but that is otherwise related to a case 
     under title 11. In such proceeding, the bankruptcy judge 
     shall submit proposed findings of fact and conclusions of law 
     to the district court, and any final order or judgment shall 
     be entered by the district judge after considering the 
     bankruptcy judge's proposed findings and conclusions and 
     after reviewing de novo those matters to which any party 
     has timely and specifically objected. A party shall be 
     deemed to consent to the findings of fact and conclusions 
     of law submitted by a bankruptcy judge unless the party 
     files a timely objection. If a timely objection is not 
     filed, the proposed findings of fact and conclusions of 
     law submitted by the bankruptcy judge shall become final 
     and the bankruptcy judge shall enter an appropriate order 
     thereon.''.

     SEC. 502. QUALIFICATION OF CHIEF JUDGE OF COURT OF 
                   INTERNATIONAL TRADE.

       (a) In General.--Chapter 11 of title 28, United States 
     Code, is amended by adding at the end thereof the following 
     new section:

     ``Sec. 258. Chief judges; precedence of judges

       ``(a)(1) The chief judge of the Court of International 
     Trade shall be the judge of the court in regular active 
     service who is senior in commission of those judges who--
       ``(A) are 64 years of age or under;
       ``(B) have served for 1 year or more as a judge of the 
     court; and
       ``(C) have not served previously as chief judge.
       ``(2)(A) In any case in which no judge of the court meets 
     the qualifications under paragraph (1), the youngest judge in 
     regular active service who is 65 years of age or over and who 
     has served as a judge of the court for 1 year or more shall 
     act as the chief judge.
       ``(B) In any case under subparagraph (A) in which there is 
     no judge of the court in regular active service who has 
     served as a judge of the court for 1 year or more, the judge 
     of the court in regular active service who is senior in 
     commission and who has not served previously as chief judge 
     shall act as the chief judge.
       ``(3)(A) Except as provided under subparagraph (C), the 
     chief judge serving under paragraph (1) shall serve for a 
     term of 7 years and shall serve after expiration of such term 
     until another judge is eligible under paragraph (1) to serve 
     as chief judge.
       ``(B) Except as provided under subparagraph (C), a judge of 
     the court acting as chief judge under subparagraph (A) or (B) 
     of paragraph (2) shall serve until a judge meets the 
     qualifications under paragraph (1).
       ``(C) No judge of the court may serve or act as chief judge 
     of the court after attaining the age of 70 years unless no 
     other judge is qualified to serve as chief judge under 
     paragraph (1) or is qualified to act as chief judge under 
     paragraph (2).
       ``(b) The chief judge shall have precedence and preside at 
     any session of the court which such judge attends. Other 
     judges of the court shall have precedence and preside 
     according to the seniority of their commissions. Judges whose 
     commissions bear the same date shall have precedence 
     according to seniority in age.
       ``(c) If the chief judge desires to be relieved of the 
     duties as chief judge while retaining active status as a 
     judge of the court, the chief judge may so certify to the 
     Chief Justice of the United States, and thereafter the chief 
     judge of the court shall be such other judge of the court who 
     is qualified to serve or act as chief judge under subsection 
     (a).
       ``(d) If a chief judge is temporarily unable to perform the 
     duties as such, such duties shall be performed by the judge 
     of the court in active service, able and qualified to act, 
     who is next in precedence.''.
       (b) Technical and Conforming Amendments.--Chapter 11 of 
     title 28, United States Code, is amended--
       (1) in section 251 by striking out subsection (b) and 
     redesignating subsection (c) as subsection (b);
       (2) in section 253--
       (A) by amending the section heading to read as follows:

     ``Sec. 253. Duties of chief judge.'';

     and
       (B) by striking out subsections (d) and (e); and
       (3) in the table of sections for chapter 11 of title 28, 
     United States Code--
       (A) by amending the item relating to section 253 to read as 
     follows:

``253. Duties of chief judge.'';

     and
       (B) by adding at the end thereof the following:

``258. Chief judges; precedence of judges.''.

       (c) Application.--(1) Notwithstanding the provisions of 
     section 258(a) of title 28, United States Code (as added by 
     subsection (a) of this section), the chief judge of the 
     United States Court of International Trade who is in office 
     on the day before the date of enactment of this Act shall 
     continue to be such chief judge on or after such date until 
     any one of the following events occurs:
       (A) The chief judge is relieved of his duties under section 
     258(c) of title 28, United States Code.
       (B) The regular active status of the chief judge is 
     terminated.
       (C) The chief judge attains the age of 70 years.
       (D) The chief judge has served for a term of 7 years as 
     chief judge.
       (2) When the chief judge vacates the position of chief 
     judge under paragraph (1), the position of chief judge of the 
     Court of International Trade shall be filled in accordance 
     with section 258(a) of title 28, United States Code.

     SEC. 503. JUDICIAL COST-OF-LIVING ADJUSTMENTS.

       Section 140 of the resolution entitled ``A Joint Resolution 
     making further continuing appropriations for the fiscal year 
     1982, and for other purposes.'', approved December 15, 1981 
     (Public Law 97-92; 95 Stat. 1200; 28 U.S.C. 461 note) is 
     repealed.
                        TITLE VI--MISCELLANEOUS

     SEC. 601. PARTICIPATION IN JUDICIAL GOVERNANCE ACTIVITIES BY 
                   DISTRICT, SENIOR, AND MAGISTRATE JUDGES.

       (a) Judicial Conference of the United States.--Section 331 
     of title 28, United States Code, is amended by striking out 
     the second undesignated paragraph and inserting in lieu 
     thereof the following:
       ``The district judge to be summoned from each judicial 
     circuit shall be chosen by the circuit and district judges of 
     the circuit and shall serve as a member of the Judicial 
     Conference of the United States for a term of not less than 3 
     successive years nor more than 5 successive years, as 
     established by majority vote of all circuit and district 
     judges of the circuit. A district judge serving as a member 
     of the Judicial Conference may be either a judge in regular 
     active service or a judge retired from regular active service 
     under section 371(b) of this title.''.
       (b) Board of the Federal Judicial Center.--Section 621 of 
     title 28, United States Code, is amended--
       (1) in subsection (a) by striking out paragraph (2) and 
     inserting in lieu thereof the following:
       ``(2) two circuit judges, three district judges, one 
     bankruptcy judge, and one magistrate judge, elected by vote 
     of the members of the Judicial Conference of the United 
     States, except that any circuit or district judge so elected 
     may be either a judge in regular active service or a judge 
     retired from regular active service under section 371(b) of 
     this title but shall not be a member of the Judicial 
     Conference of the United States; and''; and
       (2) in subsection (b) by striking out ``retirement,'' and 
     inserting in lieu thereof ``retirement pursuant to section 
     371(a) or section 372(a) of this title,''.

     SEC. 602. THE DIRECTOR AND DEPUTY DIRECTOR OF THE 
                   ADMINISTRATIVE OFFICE AS OFFICERS OF THE UNITED 
                   STATES.

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

     SEC. 603. REMOVAL OF ACTION FROM STATE COURT.

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

     SEC. 604. FEDERAL JUDICIAL CENTER EMPLOYEE RETIREMENT 
                   PROVISIONS.

       Section 627(b) of title 28, United States Code, is 
     amended--
       (1) in the first sentence by inserting ``Deputy Director,'' 
     before ``the professional staff''; and
       (2) in the first sentence by inserting ``chapter 84 
     (relating to the Federal Employees' Retirement System),'' 
     after ``(relating to civil service retirement),''.

     SEC. 605. ABOLITION OF THE SPECIAL COURT, REGIONAL RAIL 
                   REORGANIZATION ACT OF 1973.

       (a) Abolition of the Special Court.--Section 209 of the 
     Regional Rail Reorganization Act of 1973 (45 U.S.C. 719) is 
     amended in subsection (b)--
       (1) by inserting ``(1)'' before ``Within 30 days after''; 
     and
       (2) by adding at the end thereof the following new 
     paragraph:
       ``(2) The special court referred to in paragraph (1) of 
     this subsection is abolished effective 90 days after the date 
     of enactment of the Federal Courts Improvement Act of 1996. 
     On such effective date, all jurisdiction and other functions 
     of the special court shall be assumed by the United States 
     District Court for the District of Columbia. With respect to 
     any proceedings that arise or continue after the date on 
     which the special court is abolished, the references in the 
     following provisions to the special court established under 
     this subsection shall be deemed to refer to the United States 
     District Court for the District of Columbia:
       ``(A) Subsections (c), (e)(1), (e)(2), (f) and (g) of this 
     section.
       ``(B) Sections 202 (d)(3), (g), 207 (a)(1), (b)(1), (b)(2), 
     208(d)(2), 301 (e)(2), (g), (k)(3), (k)(15), 303 (a)(1), 
     (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4), 
     (c)(5), 304 (a)(1)(B), (i)(3), 305 (c), (d)(1), (d)(2), 
     (d)(3), (d)(4), (d)(5), (d)(8), (e), (f)(1), (f)(2)(B), 
     (f)(2)(D), (f)(2)(E), (f)(3), 306 (a), (b), (c)(4), and 601 
     (b)(3), (c) of this Act (45 U.S.C. 712 (d)(3), (g), 717 
     (a)(1), (b)(1), (b)(2), 718(d)(2), 741 (e)(2), (g), 
     (k)(3), (k)(15), 743 (a)(1), (a)(2), (b)(1), (b)(6)(A), 
     (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), 744 (a)(1)(B), 
     (i)(3), 745 (c), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), 
     (d)(8), (e), (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), 
     (f)(3), 746 (a), (b), (c)(4), 791 (b)(3), (c)).
       ``(C) Sections 1152(a) and 1167(b) of the Northeast Rail 
     Service Act of 1981 (45 U.S.C. 1105(a), 1115(a)).

[[Page S12384]]

       ``(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C), (3)(C), 
     (3)(E), (4)(A) and 4025(b) of the Conrail Privatization Act 
     (45 U.S.C. 1323 (2)(A)(iii), (2)(B), (2)(C), (3)(C), (3)(E), 
     (4)(A), 1324(b)).
       ``(E) Section 24907(b) of title 49, United States Code.
       ``(F) Any other Federal law (other than this subsection and 
     section 605 of the Federal Courts Improvement Act of 1996), 
     Executive order, rule, regulation, delegation of authority, 
     or document of or relating to the special court as previously 
     established under paragraph (1) of this subsection.''.
       (b) Appellate Review.--(1) Section 209(e) of the Regional 
     Rail Reorganization Act of 1973 (45 U.S.C. 719) is amended by 
     striking out the paragraph following paragraph (2) and 
     inserting in lieu thereof the following:
       ``(3) An order or judgment of the United States District 
     Court for the District of Columbia in any action referred to 
     in this section shall be reviewable in accordance with 
     sections 1291, 1292, and 1294 of title 28, United States 
     Code.''.
       (2) Section 303 of the Regional Rail Reorganization Act of 
     1973 (45 U.S.C. 743) is amended by striking out subsection 
     (d) and inserting in lieu thereof the following:
       ``(d) Appeal.--An order or judgment entered by the United 
     States District Court for the District of Columbia pursuant 
     to subsection (c) of this section or section 306 shall be 
     reviewable in accordance with sections 1291, 1292, and 1294 
     of title 28, United States Code.''.
       (3) Section 1152 of the Northeast Rail Service Act of 1981 
     (45 U.S.C. 1105) is amended by striking out subsection (b) 
     and inserting in lieu thereof the following:
       ``(b) Appeal.--An order or judgment of the United States 
     District Court for the District of Columbia in any action 
     referred to in this section shall be reviewable in accordance 
     with sections 1291, 1292, and 1294 of title 28, United States 
     Code.''.
       (c) Technical and Conforming Amendments.--(1) Section 209 
     of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 
     719) is further amended--
       (A) in subsection (g) by inserting ``or Court of Appeals 
     for the District of Columbia Circuit'' after ``Supreme 
     Court''; and
       (B) by striking out subsection (h).
       (2) Section 305(d)(4) of the Regional Rail Reorganization 
     Act of 1973 (45 U.S.C. 745(d)) is amended by striking out ``a 
     judge of the United States district court with respect to 
     such proceedings and such powers shall include those of''.
       (3) Section 1135(a)(8) of the Northeast Rail Service Act of 
     1981 (45 U.S.C. 1104(8)) is amended to read as follows:
       ``(8) `Special court' means the judicial panel established 
     under section 209(b)(1) of the Regional Rail Reorganization 
     Act of 1973 (45 U.S.C. 719(b)(1)) or, with respect to any 
     proceedings that arise or continue after the panel is 
     abolished pursuant to section 209(b)(2) of such Act, the 
     United States District Court for the District of Columbia.''.
       (4) Section 1152 of the Northeast Rail Service Act of 1981 
     (45 U.S.C. 1105) is further amended by striking out 
     subsection (d).
       (d) Pending Cases.--Effective 90 days after the date of 
     enactment of this Act, any case pending in the special court 
     established under section 209(b) of the Regional Rail 
     Reorganization Act of 1973 (45 U.S.C. 719(b)) shall be 
     assigned to the United States District Court for the District 
     of Columbia as though the case had originally been filed in 
     that court. The amendments made by subsection (b) of this 
     section shall not apply to any final order or judgment 
     entered by the special court for which--
       (1) a petition for writ of certiorari has been filed before 
     the date on which the special court is abolished; or
       (2) the time for filing a petition for writ of certiorari 
     has not expired before that date.
       (e) Effective Date.--The amendments made by subsections (b) 
     and (c) of this section shall take effect 90 days after the 
     date of enactment of this Act and, except as provided in 
     subsection (d), shall apply with respect to proceedings that 
     arise or continue after such effective date.

     SEC. 606. PLACE OF HOLDING COURT IN THE DISTRICT COURT OF 
                   UTAH.

       (a) Northern Division.--Section 125(1) of title 28, United 
     States Code, is amended by inserting ``Salt Lake City and'' 
     before ``Ogden''.
       (b) Central Division.--Section 125(2) of title 28, United 
     States Code, is amended by inserting ``, Provo, and St. 
     George'' after ``Salt Lake City''.

     SEC. 607. EXCEPTION OF RESIDENCY REQUIREMENT FOR DISTRICT 
                   JUDGES APPOINTED TO THE SOUTHERN DISTRICT AND 
                   EASTERN DISTRICT OF NEW YORK.

       Section 134(b) of title 28, United States Code, is 
     amended--
       (1) by inserting ``the Southern District of New York, and 
     the Eastern District of New York,'' after ``the District of 
     Columbia,''; and
       (2) by inserting at the end the following: ``Each district 
     judge of the Southern District of New York and the Eastern 
     District of New York may reside within 20 miles of the 
     district to which he or she is appointed.''.

     SEC. 608. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY 
                   REDUCTION REPORTS ON DEMONSTRATION AND PILOT 
                   PROGRAMS.

       (a) Demonstration Program.--Section 104(d) of the Civil 
     Justice Reform Act of 1990 (28 U.S.C. 471 note) is amended by 
     striking out ``December 31, 1996,'' and inserting in lieu 
     thereof ``June 30, 1997,''.
       (b) Pilot Program.--Section 105(c)(1) of the Civil Justice 
     Reform Act of 1990 (28 U.S.C. 471 note) is amended by 
     striking out ``December 31, 1996,'' and inserting in lieu 
     thereof ``June 30, 1997,''.

     SEC. 609. EXTENSION OF ARBITRATION.

       Section 905 of the Judicial Improvements and Access to 
     Justice Act (28 U.S.C. 651 note) is amended in the first 
     sentence by striking out ``1997'' and inserting in lieu 
     thereof ``1998''.

     SEC. 610. STATE JUSTICE INSTITUTE.

       (a) Authorization of Appropriations.--Section 215 of the 
     State Justice Institute Act of 1984 (42 U.S.C. 10713) is 
     amended to read as follows:


                   ``authorization of appropriations

       ``Sec. 215. There are authorized to be appropriated to 
     carry out the purposes of this title $12,500,000 for each of 
     fiscal years 1997, 1998, 1999, and 2000, to remain available 
     until expended.''.
       (b) Executive Committee.--Section 204(j) of the State 
     Justice Institute Act of 1984 (42 U.S.C. 10703(j)) is amended 
     by inserting ``(on such occasions as it has been delegated 
     the authority to act for the Board)'' after ``executive 
     committee''.
       (c) Howell Heflin Award.--Section 204(k) of the State 
     Justice Act of 1984 (42 U.S.C. 10703(k)) is amended--
       (1) in paragraph (5) by striking out ``and'' after the 
     semicolon;
       (2) in paragraph (6) by striking out the period and 
     inserting in lieu thereof a semicolon and ``and''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(7) present an annual Howell Heflin Award in recognition 
     of an innovative Institute-supported project that has a high 
     likelihood of significantly improving the quality of justice 
     in State courts across the Nation.''.
       (d) Priority in Making Awards.--Section 206(b) of the State 
     Justice Institute Act of 1984 (42 U.S.C. 10705(b)) is 
     amended--
       (1) by redesignating paragraphs (1) through (5) as 
     paragraphs (2) through (6), respectively;
       (2) by inserting before paragraph (2) (as redesignated 
     under paragraph (1) of this subsection) the following new 
     paragraph:
       ``(1) The Institute shall give highest priority to awarding 
     grants to and entering into cooperative agreements or 
     contracts with State and local courts.''; and
       (3) in paragraph (2) (as redesignated by paragraph (1) of 
     this subsection)--
       (A) by striking out subparagraph (A); and
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively.
       (e) Geographic Distribution of Grants.--Section 206(b) of 
     the State Justice Institute Act of 1984 (42 U.S.C. 10705(b)) 
     (as amended by subsection (d) of this section) is further 
     amended by adding at the end thereof the following new 
     paragraph:
       ``(7) In making grants under this title, the Institute 
     shall undertake outreach efforts to assure the widest 
     feasible geographical distribution of grant funds and 
     benefits resulting from grants, consistent with its mission 
     to award grants having the greatest likelihood of improving 
     the quality of justice nationwide.''.
       (f) Nonsupplantation.--Section 207(d) of the State Justice 
     Institute Act of 1984 (42 U.S.C. 10706(d)) is amended--
       (1) in the matter preceding paragraph (1) by inserting ``or 
     noncourt related activities of private organizations'' after 
     ``basic court services'';
       (2) in paragraph (1)--
       (A) by striking out ``State or local'' and inserting in 
     lieu thereof ``State, local, or private organizational''; and
       (B) by striking out ``or'' after the semicolon;
       (3) in paragraph (2) by striking out the period and 
     inserting in lieu thereof a semicolon and ``or''; and
       (4) by adding at the end thereof the following new 
     paragraph:
       ``(3) to support the activities of any national, State, or 
     local bar association, except for--
       ``(A) the training of State court judges or court 
     personnel, if such training is not provided by any person or 
     entity other than a bar association; or
       ``(B) projects conducted in State courts or directly in 
     conjunction with State courts to improve the efficiency of 
     such courts.''.
       (g) Reports to Congress.--Section 213 of the State Justice 
     Institute Act of 1984 (42 U.S.C. 10712) is amended to read as 
     follows:


                         ``reports to congress

       ``Sec. 213. Effective January 1, 1997, the Institute shall 
     provide semiannual reports to the Committees on the Judiciary 
     of the Senate and the House of Representatives identifying 
     all grants made by the Institute during the preceding six 
     months. The report shall include the name and address of the 
     grantee, the purpose of the project, the amount of funding 
     provided, and the duration of the project.''.


                           Amendment No. 5430

 (Purpose: To make improvements in the judicial system, and for other 
                               purposes)

  Mr. LOTT. There is an amendment at the desk offered by Senator Hatch. 
I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott], for Mr. Hatch, 
     proposes an amendment numbered 5430.

  The amendment is as follows:
       On page 4, line 15, strike through line 25.
       On page 5, line 8, strike through line 14 on page 6 and 
     insert the following:

     SEC. 202. CONSENT TO TRIAL IN CERTAIN CRIMINAL ACTIONS.

       (a) Amendments to Title 18.--(1) Section 3401(b) of title 
     18, United States Code, is amended--

[[Page S12385]]

       (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.''.
       On page 6, line 15, strike through the matter following 
     line 2 on page 7.
       On page 9, line 6, strike through line 2 on page 11.
       On page 13, line 4, strike through line 7 on page 15.
       On page 17, line 1, strike through line 3 on page 19.
       On page 19, line 22, strike through line 9 on page 23.
       On page 31, line 8, strike through line 2 on page 32.
       On page 35, line 21, strike through line 2 on page 36.
       On page 44, line 20, strike through line 21 on page 48.
       On page 48, add after line 21 the following:

     SEC. 611. 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. 612. 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.
       Amend the Table of Contents accordingly.

  Mr. GRASSLEY. Mr. President, the bill before us, S. 1887, entitled 
``The Federal Courts Improvement Act of 1996'' is sponsored by myself, 
along with Senator Hatch and Senator Heflin. A first version of the 
bill, S.1101, was introduced in August 1995 at the request of the 
Judicial Conference.
  In October of last year, we held a comprehensive hearing on that bill 
in the Judiciary Subcommittee on Administrative Oversight and the 
Courts, which I chair, at which both judges and lawyers testified at 
length on the substance of many of S.1101's provisions. The present 
bill was crafted after many months of detailed discussions and intense 
collaboration between myself, Senators Hatch and Heflin, and the 
Administrative Office of the United States Courts. More importantly, we 
have worked closely with the other members of the Judiciary Committee 
to address their concerns and include their suggestions, making this 
truly a bi-partisan bill.
  At the onset, I would like to elaborate on the spirit in which this 
bill was crafted. I am sure my colleagues are well aware, many of my 
efforts have focused on saving the federal government's sparse 
resources and making the most of taxpayer dollars. As Chairman of the 
Judiciary Subcommittee with jurisdiction over the courts, I am also 
concerned that the federal judicial system be administered in the most 
efficient and cost-effective manner possible, while maintaining a high 
level of quality in the administration of justice. In fact, I sent out 
a judicial questionnaire earlier this year requesting assistance from 
individual judges on their ideas and views of the needs of the federal 
judiciary. I hope some of you have had the opportunity to review my 
Subcommittee's two reports on this survey, which were released this 
year. I found it enlightening to communicate with the individual 
judges, and hope that these lines of candid and constructive 
communication with the individual judges and the Administrative Office 
remain open and continue to produce beneficial results in terms of 
efficiency, cost savings and other improvements within the federal 
judiciary.
  In drafting the Federal Courts Improvement bill, we worked closely 
with the Administrative Office to assess and address the needs of the 
federal judiciary. As a result, the bill contains both technical and 
substantive changes in the law, many of which were carried over from 
previous Congresses and/or originally proposed in S.1101. During our 
working sessions on the bill, some of the provisions in S.1101, such as 
the sections dealing with federal defender services matters, were 
determined to warrant further inquiry or additional hearings. Other 
provisions were dropped to help process the bill more smoothly through 
the House since the session is coming to a close in a day or two.
  On the whole, the bill is broad-reaching, and contains provisions 
concerning judicial process improvements; judiciary personnel 
administration, benefits and protections; judicial financial 
administration; Federal Courts Study Committee recommendations; and 
other miscellaneous issues. Almost all of the provisions have been 
formally endorsed by the Judicial Conference, the governing body of the 
Federal courts.

  Many provisions contained in this bill streamline the operation of 
the Federal court system. A good example of our attempt to render the 
judiciary more efficient is a provision which abolishes a special 
tribunal with narrow jurisdiction, the Special Court, which the 
Regional Rail Reorganization Act of 1973, established in the early 
1970's to oversee the reorganization of insolvent railroads. The work 
of this court is basically concluded, with the court's docket 
containing 10 largely inactive cases. This section transfers the 
Special Court's jurisdiction over those cases and any future rail 
reorganization proceedings to the U.S. District Court for the District 
of Columbia, where the court's records and a majority of its judges are 
currently located, and makes other technical and conforming changes 
incidental to the court's abolition. The elimination of this court will 
produce budgetary and administrative economies and, according to the 
Administrative Office of the United States Courts, result in an annual 
cost savings of approximately $175,000.
  The bill simplifies the appeal route in civil cases decided by 
magistrate judges with consent by confining appeals of judgments in 
such cases to the court of appeals and eliminating an alternative route 
of appeal to the district judge. A single forum of appeal in civil 
consent cases simplifies court procedures and recognizes the existing 
practice in most districts. The Judicial Conference recommended such 
action in the Long Range Plan for the Federal Courts. Also, this 
section would not alter the role of magistrate judges as adjuncts to 
article III courts since district judges would still control the 
referral of consent cases to magistrate judges.
  We also change the reappointment procedure for incumbent bankruptcy

[[Page S12386]]

judges. Rather than requiring the judicial council for a circuit or a 
merit selection panel to undergo a lengthy and time-consuming screening 
process, this section streamlines the reappointment process for judges 
whose performance has previously been reviewed. In this manner, the 
section eliminates unnecessary expenditures of time and money.
  Additional sections facilitate judicial operations. One of these 
provisions authorize magistrate judges temporarily assigned to another 
judicial district because of an emergency to dispose of civil cases 
with the consent of the parties. Another section that deputy clerks may 
act whenever the clerk is unable to perform official duties for any 
reason, and permits the court to designate an acting clerk of court, 
when it is expected that the clerk will be unavailable or the office of 
clerk will be vacant for a prolonged period.
  We also require an annual report by the Administrative Office of the 
United States Courts on the number and nature of orders relating to 
judicial misconduct or disability under section 332 of title 28 of the 
United States Code. This reporting requirement was recommended by the 
Report of the National Commission on Judicial Discipline and Removal of 
August 1993, which found that reliable information concerning council 
orders was difficult to obtain.
  In conclusion, this bill is the result of careful consideration by 
members of the Judiciary Committee, in close collaboration with the 
Administrative Office, who have all worked long and hard in attempting 
to produce a strong, bi-partisan piece of legislation. I strongly urge 
my colleagues to support this bill. When the Judiciary Committee voted 
the Federal Courts Improvement Act out of committee it was with an 
amendment offered by Senator Kohl dealing with the use of secrecy 
orders in Federal courts. The version of the act that we are passing 
today does not include that particular provision because Senator Kohl 
has generously agreed to an amendment that will remove it. Senator Kohl 
and I stand on opposite sides of the merits of his amendment, but I 
appreciate his commitment to the provision and his willingness to allow 
us to pass S. 1887 without it.

  Mr. KOHL. I thank the Senator. We do think differently about this 
matter, but understand how important it was to you and to Senator 
Heflin that the Federal Courts Improvement Act pass this year. And I 
understand that if this provision regarding court secrecy, modeled on 
my legislation S. 374, The Sunshine in Litigation Act, were still part 
of S. 1887 it would keep that legislation from moving ahead. Although I 
believe that the problem of the excessive use of protective orders 
needs urgently to be addressed, I also will not let it hold up a 
measure so important to Senators Grassley and Heflin.
  Nevertheless, it is important to remember that the Judicial Committee 
has favorably recommended my court secrecy legislation and that this 
real problem will not vanish. I hope that the Judicial Conference might 
finally see fit to address this problem, but if it does not, I will 
continue to press this issue.
  Mr. LOTT. Mr. President, I ask unanimous consent the amendment be 
agreed to, the bill be deemed read a third time, passed, the motion to 
reconsider be laid upon the table, and any statements relating to the 
bill be printed at the appropriate place in the Record.
  The amendment (No. 5430) was agreed to.
  The bill (S. 1887), as amended, was deemed read for a third time and 
passed, as follows:
       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. Consent to trial in certain criminal actions.
Sec. 203. Registration of judgments for enforcement in other districts.
Sec. 204. Vacancy in clerk position; absence of clerk.
Sec. 205. Diversity jurisdiction.
Sec. 206. Removal of cases against the United States and Federal 
              officers or agencies.
Sec. 207. Appeal route in civil cases decided by magistrate judges with 
              consent.
Sec. 208. Reports by judicial councils relating to misconduct and 
              disability orders.

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

Sec. 301. Senior judge certification.
Sec. 302. Refund of contribution for deceased deferred annuitant under 
              the Judicial Survivors' Annuities System.
Sec. 303. Bankruptcy judges reappointment procedure.
Sec. 304. Technical correction related to commencement date of 
              temporary judgeships.
Sec. 305. Full-time status of court reporters.
Sec. 306. Court interpreters.
Sec. 307. Technical amendment related to commencement date of temporary 
              bankruptcy judgeships.
Sec. 308. Contribution rate for senior judges under the judicial 
              survivors' annuities system.
Sec. 309. Prohibition against awards of costs, including attorneys 
              fees, and injunctive relief against a judicial officer.

              TITLE IV--JUDICIAL FINANCIAL ADMINISTRATION

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

        TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

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

                        TITLE VI--MISCELLANEOUS

Sec. 601. Participation in judicial governance activities by district, 
              senior, and magistrate judges.
Sec. 602. The Director and Deputy Director of the administrative office 
              as officers of the United States.
Sec. 603. Removal of action from State court.
Sec. 604. Federal judicial center employee retirement provisions.
Sec. 605. Abolition of the special court, Regional Rail Reorganization 
              Act of 1973.
Sec. 606. Place of holding court in the District Court of Utah.
Sec. 607. Exception of residency requirement for district judges 
              appointed to the Southern District and Eastern District 
              of New York.
Sec. 608. Extension of civil justice expense and delay reduction 
              reports on pilot and demonstration programs.
Sec. 609. Place of holding court in the Southern District of New York.
Sec. 610. 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 district court, be authorized to 
     carry firearms under such rules and regulations as the 
     Director of the Administrative Office of the United States 
     Courts may prescribe; and''.
       (b) Pretrial Services Officers.--Section 3154 of title 18, 
     United States Code, is amended--
       (1) by redesignating paragraph (13) as paragraph (14); and
       (2) by inserting after paragraph (12) the following new 
     paragraph:
       ``(13) If approved by the district court, be authorized to 
     carry firearms under such rules and regulations as the 
     Director of the Administrative Office of the United States 
     Courts may prescribe.''.
                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

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

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

     SEC. 202. CONSENT TO TRIAL IN CERTAIN CRIMINAL ACTIONS.

       (a) Amendments to Title 18.--(1) Section 3401(b) of title 
     18, United States Code, is amended--
       (A) 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

[[Page S12387]]

     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.''.

     SEC. 203. REGISTRATION OF JUDGMENTS FOR ENFORCEMENT IN OTHER 
                   DISTRICTS.

       (a) In General.--Section 1963 of title 28, United States 
     Code, is amended--
       (1) by amending the section heading to read as follows:

     ``Sec. 1963. Registration of judgments for enforcement in 
       other districts'';

       (2) in the first sentence--
       (A) by striking out ``district court'' and inserting in 
     lieu thereof ``court of appeals, district court, bankruptcy 
     court,''; and
       (B) by striking out ``such judgment'' and inserting in lieu 
     thereof ``the judgment''; and
       (3) by adding at the end thereof the following new 
     undesignated paragraph:
       ``The procedure prescribed under this section is in 
     addition to other procedures provided by law for the 
     enforcement of judgments.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 125 of title 28, United States Code, 
     relating to section 1963 is amended to read as follows:

``1963. Registration of judgments for enforcement in other 
              districts.''.

     SEC. 204. 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. 205. DIVERSITY JURISDICTION.

       (a) In General.--Section 1332 of title 28, United States 
     Code, is amended--
       (1) in subsection (a) by striking out ``$50,000'' and 
     inserting in lieu thereof ``$75,000''; and
       (2) in subsection (b) by striking out ``$50,000'' and 
     inserting in lieu thereof ``$75,000''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect 90 days after the date of enactment of this 
     Act.

     SEC. 206. REMOVAL OF CASES AGAINST THE UNITED STATES AND 
                   FEDERAL OFFICERS OR AGENCIES.

       (a) In General.--Section 1442 of title 28, United States 
     Code, is amended--
       (1) in the section heading by inserting ``or agencies'' 
     after ``officers''; and
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1) by striking out 
     ``persons''; and
       (B) in paragraph (1) by striking out ``Any officer of the 
     United States or any agency thereof, or person acting under 
     him, for any act under color of such office'' and inserting 
     in lieu thereof ``The United States or any agency thereof or 
     any officer (or any person acting under that officer) of the 
     United States or of any agency thereof, sued in an official 
     or individual capacity for any act under color of such 
     office''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 89 of title 28, United States Code, is 
     amended by amending the item relating to section 1442 to read 
     as follows:

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

     SEC. 207. 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. 208. 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.''.
     TITLE III--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND 
                              PROTECTIONS

     SEC. 301. SENIOR JUDGE CERTIFICATION.

       (a) Retroactive Credit for Resumption of Significant 
     Workload.--Section 371(f)(3) of title 28, United States Code, 
     is amended by striking out ``is thereafter ineligible to 
     receive such a certification.'' and inserting in lieu thereof 
     ``may thereafter receive a certification for that year by 
     satisfying the requirements of subparagraph (A), (B), (C), or 
     (D) of paragraph (1) of this subsection in a subsequent year 
     and attributing a sufficient part of the work performed in 
     such subsequent year to the earlier year so that the work so 
     attributed, when added to the work performed during such 
     earlier year, satisfies the requirements for certification 
     for that year. However, a justice or judge may not receive 
     credit for the same work for purposes of certification for 
     more than 1 year.''.
       (b) Aggregation of Certain Work for Partial Years.--Section 
     371(f)(1) of title 28, United States Code, is amended by 
     adding at the end of subparagraph (D) the following: ``In any 
     year in which a justice or judge performs work described 
     under this subparagraph for less than the full year, one-half 
     of such work may be aggregated with work described under 
     subparagraph (A), (B), or (C) of this paragraph for the 
     purpose of the justice or judge satisfying the requirements 
     of such subparagraph.''.

     SEC. 302. REFUND OF CONTRIBUTION FOR DECEASED DEFERRED 
                   ANNUITANT UNDER THE JUDICIAL SURVIVORS' 
                   ANNUITIES SYSTEM.

       Section 376(o)(1) of title 28, United States Code, is 
     amended by striking out ``or while receiving `retirement 
     salary','' and inserting in lieu thereof ``while receiving 
     retirement salary, or after filing an election and otherwise 
     complying with the conditions under subsection (b)(2) of this 
     section,''.

     SEC. 303. BANKRUPTCY JUDGES REAPPOINTMENT PROCEDURE.

       Section 120 of the Bankruptcy Amendments and Federal 
     Judgeship Act of 1984 (Public Law 98-353; 98 Stat. 344), is 
     amended--
       (1) in subsection (a) by adding at the end thereof the 
     following new paragraph:
       ``(3) When filling vacancies, the court of appeals may 
     consider reappointing incumbent bankruptcy judges under 
     procedures prescribed by regulations issued by the Judicial 
     Conference of the United States.''; and
       (2) in subsection (b) by adding at the end thereof the 
     following: ``All incumbent nominees seeking reappointment 
     thereafter may be considered for such a reappointment, 
     pursuant to a majority vote of the judges of the appointing 
     court of appeals, under procedures authorized under 
     subsection (a)(3).''.

     SEC. 304. 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. 305. 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. 306. 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,

[[Page S12388]]

     whether or not the proceeding is instituted by the United 
     States, if the presiding judicial officer determines, on such 
     officer's own motion or on the motion of a party or other 
     participant in the proceeding, that such individual suffers 
     from a hearing impairment. The presiding judicial officer 
     shall, subject to the availability of appropriated funds, 
     approve the compensation and expenses payable to sign 
     language interpreters appointed under this section in 
     accordance with the schedule of fees prescribed by the 
     Director under subsection (b)(3) of this section.''.

     SEC. 307. 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. 308. 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. 309. PROHIBITION AGAINST AWARDS OF COSTS, INCLUDING 
                   ATTORNEY'S FEES, AND INJUNCTIVE RELIEF AGAINST 
                   A JUDICIAL OFFICER.

       (a) Nonliability for Costs.--Notwithstanding any other 
     provision of law, no judicial officer shall be held liable 
     for any costs, including attorney's fees, in any action 
     brought against such officer for an act or omission taken in 
     such officer's judicial capacity, unless such action was 
     clearly in excess of such officer's jurisdiction.
       (b) Proceedings in Vindication of Civil Rights.--Section 
     722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended 
     by inserting before the period at the end thereof ``, except 
     that in any action brought against a judicial officer for an 
     act or omission taken in such officer's judicial capacity 
     such officer shall not be held liable for any costs, 
     including attorney's fees, unless such action was clearly in 
     excess of such officer's jurisdiction''.
       (c) Civil Action for Deprivation of Rights.--Section 1979 
     of the Revised Statutes (42 U.S.C. 1983) is amended by 
     inserting before the period at the end of the first sentence: 
     ``, except that in any action brought against a judicial 
     officer for an act or omission taken in such officer's 
     judicial capacity, injunctive relief shall not be granted 
     unless a declaratory decree was violated or declaratory 
     relief was unavailable''.
              TITLE IV--JUDICIAL FINANCIAL ADMINISTRATION

     SEC. 401. INCREASE IN CIVIL ACTION FILING FEE.

       (a) Filing Fee Increase.--Section 1914(a) of title 28, 
     United States Code, is amended by striking out ``$120'' and 
     inserting in lieu thereof ``$150''.
       (b) Disposition of Increase.--Section 1931 of title 28, 
     United States Code, is amended--
       (1) in subsection (a) by striking out ``$60'' and inserting 
     in lieu thereof ``$90''; and
       (2) in subsection (b)--
       (A) by striking out ``$120'' and inserting in lieu thereof 
     ``$150''; and
       (B) by striking out ``$60'' and inserting in lieu thereof 
     ``$90''.
       (c) Effective Date.--This section shall take effect 60 days 
     after the date of the enactment of this Act.

     SEC. 402. INTERPRETER PERFORMANCE EXAMINATION FEES.

       (a) In General.--Section 1827(g) of title 28, United States 
     Code, is amended by redesignating paragraph (5) as paragraph 
     (6) and inserting after paragraph (4) the following new 
     paragraph:
       ``(5) If the Director of the Administrative Office of the 
     United States Courts finds it necessary to develop and 
     administer criterion-referenced performance examinations for 
     purposes of certification, or other examinations for the 
     selection of otherwise qualified interpreters, the Director 
     may prescribe for each examination a uniform fee for 
     applicants to take such examination. In determining the rate 
     of the fee for each examination, the Director shall consider 
     the fees charged by other organizations for examinations that 
     are similar in scope or nature. Notwithstanding section 
     3302(b) of title 31, the Director is authorized to provide in 
     any contract or agreement for the development or 
     administration of examinations and the collection of fees 
     that the contractor may retain all or a portion of the fees 
     in payment for the services. Notwithstanding paragraph (6) of 
     this subsection, all fees collected after the effective date 
     of this paragraph and not retained by a contractor shall be 
     deposited in the fund established under section 1931 of this 
     title and shall remain available until expended.''.
       (b) Payment for Contractual Services.--Notwithstanding 
     sections 3302(b), 1341, and 1517 of title 31, United States 
     Code, the Director of the Administrative Office of the United 
     States Courts may include in any contract for the development 
     or administration of examinations for interpreters (including 
     such a contract entered into before the date of the enactment 
     of this Act) a provision which permits the contractor to 
     collect and retain fees in payment for contractual services 
     in accordance with section 1827(g)(5) of title 28, United 
     States Code.

     SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION.

       (a) In General.--(1) Chapter 123 of title 28, United States 
     Code, is amended by adding after section 1931 the following 
     new section:

     ``Sec. 1932. Judicial Panel on Multidistrict Litigation

       ``The Judicial Conference of the United States shall 
     prescribe from time to time the fees and costs to be charged 
     and collected by the Judicial Panel on Multidistrict 
     Litigation.''.
       (2) The table of sections for chapter 123 of title 28, 
     United States Code, is amended by adding after the item 
     relating to section 1931 the following:

``1932. Judicial Panel on Multidistrict Litigation.''.

       (b) Related Fees for Access to Information.--Section 303(a) 
     of the Judiciary Appropriations Act, 1992 (Public Law 102-
     140; 105 Stat. 810; 28 U.S.C. 1913 note) is amended in the 
     first sentence by striking out ``1926, and 1930'' and 
     inserting in lieu thereof ``1926, 1930, and 1932''.

     SEC. 404. DISPOSITION OF FEES.

       (a) Disposition of Attorney Admission Fees.--For each fee 
     collected for admission of an attorney to practice, as 
     prescribed by the Judicial Conference of the United States 
     pursuant to section 1914 of title 28, United States Code, $30 
     of that portion of the fee exceeding $20 shall be deposited 
     into the special fund of the Treasury established under 
     section 1931 of title 28, United States Code. Any portion 
     exceeding $5 of the fee for a duplicate certificate of 
     admission or certificate of good standing, as prescribed by 
     the Judicial Conference of the United States pursuant to 
     section 1914 of title 28, United States Code, shall be 
     deposited into the special fund of the Treasury established 
     under section 1931 of title 28, United States Code.
       (b) Disposition of Bankruptcy Complaint Filing Fees.--For 
     each fee collected for filing an adversary complaint in a 
     bankruptcy proceeding, as established in Item 6 of the 
     Bankruptcy Court Miscellaneous Fee Schedule prescribed by the 
     Judicial Conference of the United States pursuant to section 
     1930(b) of title 28, United States Code, the portion of the 
     fee exceeding $120 shall be deposited into the special fund 
     of the Treasury established under section 1931 of title 28, 
     United States Code.
       (c) Effective Date.--This section shall take effect 60 days 
     after the date of the enactment of this Act.
        TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

     SEC. 501. 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.

[[Page S12389]]

       ``(c) If the chief judge desires to be relieved of the 
     duties as chief judge while retaining active status as a 
     judge of the court, the chief judge may so certify to the 
     Chief Justice of the United States, and thereafter the chief 
     judge of the court shall be such other judge of the court who 
     is qualified to serve or act as chief judge under subsection 
     (a).
       ``(d) If a chief judge is temporarily unable to perform the 
     duties as such, such duties shall be performed by the judge 
     of the court in active service, able and qualified to act, 
     who is next in precedence.''.
       (b) Technical and Conforming Amendments.--Chapter 11 of 
     title 28, United States Code, is amended--
       (1) in section 251 by striking out subsection (b) and 
     redesignating subsection (c) as subsection (b);
       (2) in section 253--
       (A) by amending the section heading to read as follows:

     ``Sec. 253. Duties of chief judge.'';

     and
       (B) by striking out subsections (d) and (e); and
       (3) in the table of sections for chapter 11 of title 28, 
     United States Code--
       (A) by amending the item relating to section 253 to read as 
     follows:

``253. Duties of chief judge.'';

     and
       (B) by adding at the end thereof the following:

``258. Chief judges; precedence of judges.''.

       (c) Application.--(1) Notwithstanding the provisions of 
     section 258(a) of title 28, United States Code (as added by 
     subsection (a) of this section), the chief judge of the 
     United States Court of International Trade who is in office 
     on the day before the date of enactment of this Act shall 
     continue to be such chief judge on or after such date until 
     any one of the following events occurs:
       (A) The chief judge is relieved of his duties under section 
     258(c) of title 28, United States Code.
       (B) The regular active status of the chief judge is 
     terminated.
       (C) The chief judge attains the age of 70 years.
       (D) The chief judge has served for a term of 7 years as 
     chief judge.
       (2) When the chief judge vacates the position of chief 
     judge under paragraph (1), the position of chief judge of the 
     Court of International Trade shall be filled in accordance 
     with section 258(a) of title 28, United States Code.
                        TITLE VI--MISCELLANEOUS

     SEC. 601. PARTICIPATION IN JUDICIAL GOVERNANCE ACTIVITIES BY 
                   DISTRICT, SENIOR, AND MAGISTRATE JUDGES.

       (a) Judicial Conference of the United States.--Section 331 
     of title 28, United States Code, is amended by striking out 
     the second undesignated paragraph and inserting in lieu 
     thereof the following:
       ``The district judge to be summoned from each judicial 
     circuit shall be chosen by the circuit and district judges of 
     the circuit and shall serve as a member of the Judicial 
     Conference of the United States for a term of not less than 3 
     successive years nor more than 5 successive years, as 
     established by majority vote of all circuit and district 
     judges of the circuit. A district judge serving as a member 
     of the Judicial Conference may be either a judge in regular 
     active service or a judge retired from regular active service 
     under section 371(b) of this title.''.
       (b) Board of the Federal Judicial Center.--Section 621 of 
     title 28, United States Code, is amended--
       (1) in subsection (a) by striking out paragraph (2) and 
     inserting in lieu thereof the following:
       ``(2) two circuit judges, three district judges, one 
     bankruptcy judge, and one magistrate judge, elected by vote 
     of the members of the Judicial Conference of the United 
     States, except that any circuit or district judge so elected 
     may be either a judge in regular active service or a judge 
     retired from regular active service under section 371(b) of 
     this title but shall not be a member of the Judicial 
     Conference of the United States; and''; and
       (2) in subsection (b) by striking out ``retirement,'' and 
     inserting in lieu thereof ``retirement pursuant to section 
     371(a) or section 372(a) of this title,''.

     SEC. 602. THE DIRECTOR AND DEPUTY DIRECTOR OF THE 
                   ADMINISTRATIVE OFFICE AS OFFICERS OF THE UNITED 
                   STATES.

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

     SEC. 603. REMOVAL OF ACTION FROM STATE COURT.

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

     SEC. 604. FEDERAL JUDICIAL CENTER EMPLOYEE RETIREMENT 
                   PROVISIONS.

       Section 627(b) of title 28, United States Code, is 
     amended--
       (1) in the first sentence by inserting ``Deputy Director,'' 
     before ``the professional staff''; and
       (2) in the first sentence by inserting ``chapter 84 
     (relating to the Federal Employees' Retirement System),'' 
     after ``(relating to civil service retirement),''.

     SEC. 605. ABOLITION OF THE SPECIAL COURT, REGIONAL RAIL 
                   REORGANIZATION ACT OF 1973.

       (a) Abolition of the Special Court.--Section 209 of the 
     Regional Rail Reorganization Act of 1973 (45 U.S.C. 719) is 
     amended in subsection (b)--
       (1) by inserting ``(1)'' before ``Within 30 days after''; 
     and
       (2) by adding at the end thereof the following new 
     paragraph:
       ``(2) The special court referred to in paragraph (1) of 
     this subsection is abolished effective 90 days after the date 
     of enactment of the Federal Courts Improvement Act of 1996. 
     On such effective date, all jurisdiction and other functions 
     of the special court shall be assumed by the United States 
     District Court for the District of Columbia. With respect to 
     any proceedings that arise or continue after the date on 
     which the special court is abolished, the references in the 
     following provisions to the special court established under 
     this subsection shall be deemed to refer to the United States 
     District Court for the District of Columbia:
       ``(A) Subsections (c), (e)(1), (e)(2), (f) and (g) of this 
     section.
       ``(B) Sections 202 (d)(3), (g), 207 (a)(1), (b)(1), (b)(2), 
     208(d)(2), 301 (e)(2), (g), (k)(3), (k)(15), 303 (a)(1), 
     (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4), 
     (c)(5), 304 (a)(1)(B), (i)(3), 305 (c), (d)(1), (d)(2), 
     (d)(3), (d)(4), (d)(5), (d)(8), (e), (f)(1), (f)(2)(B), 
     (f)(2)(D), (f)(2)(E), (f)(3), 306 (a), (b), (c)(4), and 601 
     (b)(3), (c) of this Act (45 U.S.C. 712 (d)(3), (g), 717 
     (a)(1), (b)(1), (b)(2), 718(d)(2), 741 (e)(2), (g), (k)(3), 
     (k)(15), 743 (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), 
     (c)(2), (c)(3), (c)(4), (c)(5), 744 (a)(1)(B), (i)(3), 745 
     (c), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), 
     (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 746 (a), 
     (b), (c)(4), 791 (b)(3), (c)).
       ``(C) Sections 1152(a) and 1167(b) of the Northeast Rail 
     Service Act of 1981 (45 U.S.C. 1105(a), 1115(a)).
       ``(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C), (3)(C), 
     (3)(E), (4)(A) and 4025(b) of the Conrail Privatization Act 
     (45 U.S.C. 1323 (2)(A)(iii), (2)(B), (2)(C), (3)(C), (3)(E), 
     (4)(A), 1324(b)).
       ``(E) Section 24907(b) of title 49, United States Code.
       ``(F) Any other Federal law (other than this subsection and 
     section 605 of the Federal Courts Improvement Act of 1996), 
     Executive order, rule, regulation, delegation of authority, 
     or document of or relating to the special court as previously 
     established under paragraph (1) of this subsection.''.
       (b) Appellate Review.--(1) Section 209(e) of the Regional 
     Rail Reorganization Act of 1973 (45 U.S.C. 719) is amended by 
     striking out the paragraph following paragraph (2) and 
     inserting in lieu thereof the following:
       ``(3) An order or judgment of the United States District 
     Court for the District of Columbia in any action referred to 
     in this section shall be reviewable in accordance with 
     sections 1291, 1292, and 1294 of title 28, United States 
     Code.''.
       (2) Section 303 of the Regional Rail Reorganization Act of 
     1973 (45 U.S.C. 743) is amended by striking out subsection 
     (d) and inserting in lieu thereof the following:
       ``(d) Appeal.--An order or judgment entered by the United 
     States District Court for the District of Columbia pursuant 
     to subsection (c) of this section or section 306 shall be 
     reviewable in accordance with sections 1291, 1292, and 1294 
     of title 28, United States Code.''.
       (3) Section 1152 of the Northeast Rail Service Act of 1981 
     (45 U.S.C. 1105) is amended by striking out subsection (b) 
     and inserting in lieu thereof the following:
       ``(b) Appeal.--An order or judgment of the United States 
     District Court for the District of Columbia in any action 
     referred to in this section shall be reviewable in accordance 
     with sections 1291, 1292, and 1294 of title 28, United States 
     Code.''.
       (c) Technical and Conforming Amendments.--(1) Section 209 
     of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 
     719) is further amended--
       (A) in subsection (g) by inserting ``or Court of Appeals 
     for the District of Columbia Circuit'' after ``Supreme 
     Court''; and
       (B) by striking out subsection (h).
       (2) Section 305(d)(4) of the Regional Rail Reorganization 
     Act of 1973 (45 U.S.C. 745(d)) is amended by striking out ``a 
     judge of the United States district court with respect to 
     such proceedings and such powers shall include those of''.
       (3) Section 1135(a)(8) of the Northeast Rail Service Act of 
     1981 (45 U.S.C. 1104(8)) is amended to read as follows:
       ``(8) `Special court' means the judicial panel established 
     under section 209(b)(1) of the Regional Rail Reorganization 
     Act of 1973 (45 U.S.C. 719(b)(1)) or, with respect to any 
     proceedings that arise or continue after the panel is 
     abolished pursuant to section 209(b)(2) of such Act, the 
     United States District Court for the District of Columbia.''.
       (4) Section 1152 of the Northeast Rail Service Act of 1981 
     (45 U.S.C. 1105) is further amended by striking out 
     subsection (d).
       (d) Pending Cases.--Effective 90 days after the date of 
     enactment of this Act, any case pending in the special court 
     established under section 209(b) of the Regional Rail 
     Reorganization Act of 1973 (45 U.S.C. 719(b)) shall be 
     assigned to the United States District Court for the District 
     of Columbia as though the case had originally been filed in 
     that court. The amendments made by subsection (b) of this 
     section shall not apply to any final order or judgment 
     entered by the special court for which--
       (1) a petition for writ of certiorari has been filed before 
     the date on which the special court is abolished; or
       (2) the time for filing a petition for writ of certiorari 
     has not expired before that date.

[[Page S12390]]

       (e) Effective Date.--The amendments made by subsections (b) 
     and (c) of this section shall take effect 90 days after the 
     date of enactment of this Act and, except as provided in 
     subsection (d), shall apply with respect to proceedings that 
     arise or continue after such effective date.

     SEC. 606. PLACE OF HOLDING COURT IN THE DISTRICT COURT OF 
                   UTAH.

       (a) Northern Division.--Section 125(1) of title 28, United 
     States Code, is amended by inserting ``Salt Lake City and'' 
     before ``Ogden''.
       (b) Central Division.--Section 125(2) of title 28, United 
     States Code, is amended by inserting ``, Provo, and St. 
     George'' after ``Salt Lake City''.

     SEC. 607. EXCEPTION OF RESIDENCY REQUIREMENT FOR DISTRICT 
                   JUDGES APPOINTED TO THE SOUTHERN DISTRICT AND 
                   EASTERN DISTRICT OF NEW YORK.

       Section 134(b) of title 28, United States Code, is 
     amended--
       (1) by inserting ``the Southern District of New York, and 
     the Eastern District of New York,'' after ``the District of 
     Columbia,''; and
       (2) by inserting at the end the following: ``Each district 
     judge of the Southern District of New York and the Eastern 
     District of New York may reside within 20 miles of the 
     district to which he or she is appointed.''.

     SEC. 608. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY 
                   REDUCTION REPORTS ON DEMONSTRATION AND PILOT 
                   PROGRAMS.

       (a) Demonstration Program.--Section 104(d) of the Civil 
     Justice Reform Act of 1990 (28 U.S.C. 471 note) is amended by 
     striking out ``December 31, 1996,'' and inserting in lieu 
     thereof ``June 30, 1997,''.
       (b) Pilot Program.--Section 105(c)(1) of the Civil Justice 
     Reform Act of 1990 (28 U.S.C. 471 note) is amended by 
     striking out ``December 31, 1996,'' and inserting in lieu 
     thereof ``June 30, 1997,''.

     SEC. 609. 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. 610. 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.

                          ____________________