[Congressional Record Volume 142, Number 142 (Friday, October 4, 1996)]
[House]
[Pages H12277-H12281]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FEDERAL COURTS IMPROVEMENT ACT OF 1996

  Mr. SOLOMON. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 1887) to make improvements in the 
operation and administration of the Federal courts, and for other 
purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 1887

       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)''.

[[Page H12278]]

     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 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

[[Page H12279]]

     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, 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

[[Page H12280]]

     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.
                        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).

[[Page H12281]]

       (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. 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.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________