Congressional Record, Volume 143 Issue 111 (Thursday, July 31, 1997)

[Congressional Record Volume 143, Number 111 (Thursday, July 31, 1997)]
[Senate]
[Page S8528]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PROVIDING FOR AUTHORIZATION OF APPROPRIATIONS IN EACH FISCAL YEAR FOR
ARBITRATION IN UNITED STATES DISTRICT COURTS

Mr. WARNER. Mr. President, I ask unanimous consent that the Judiciary
Committee be discharged from further consideration of S. 996, and that
the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The legislative clerk read as follows:

A bill (S. 996) to provide for the authorization of
appropriations in each fiscal year for arbitration in United
States district courts.

The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.

Amendment No. 1055

(Purpose: To provide for the reauthorization of report requirements to
enhance judicial information dissemination, and for other purposes)

Mr. WARNER. Mr. President, I send an amendment to the desk on behalf
of Senator Biden and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Virginia [Mr. Warner], for Mr. Biden,
proposes amendment numbered 1055.

Mr. WARNER. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

at the end of the bill, add the following new section:

SEC. 2. ENHANCEMENT OF JUDICIAL INFORMATION DISSEMINATION.

Section 103(b)(2) of the Civil Justice Reform Act of 1990
(Public Law 101-650; 104 Stat. 5096; 28 U.S.C. 471 note) is
amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking ``sections 471 through 478'' and inserting
``sections 472, 473, 474, 475, 477, and 478''; and
(3) by adding at the end the following new subparagraph:
``(B) The requirements set forth in section 476 of title
28, United States Code, as added by subsection (a), shall
remain in effect permanently.''.

Mr. BIDEN. Mr. President, the Civil Justice Reform Act of 1990
established a process for developing new discovery and case management
procedures designed to reduce costs and delay in Federal litigation.
My amendment to S. 996 would make permanent one very successful
reform from the Civil Justice Reform Act--the requirement that a list
of each Federal judge's 6-month-old motions and 3-year-old cases be
published and disseminated twice every year.
According to the Rand Institute for Civil Justice, this public
reporting requirement led to a 25 percent reduction in the number of
cases pending more than 3 years in the Federal system, even though the
total number of cases filed during the 4-year study period actually
increased--proving again that Justice Brandeis was correct in saying
that ``sunlight is the best disinfectant.''
This very effective reporting requirement will expire in December
unless Congress acts. With my amendment, I seek to extend this
reporting requirement.
This amendment marks the first step in implementing the findings of
the studies called for by the original Civil Justice Reform Act. The
Rand study of the pilot projects set up by the act found that early
judicial supervision of the discovery process can both reduce delay and
litigation costs. These and other procedural reforms ought to be
incorporated into the everday practices of our Federal bench to
produced savings for the taxpayers and increase the efficiency of our
Federal courts.
I intend to continue working with my colleagues on the Judiciary
Committee, as well as the Judicial Conference, to search for and
implement improvements in our Federal civil justice system.
Mr. WARNER. Mr. President, I ask unanimous consent that the amendment
be agreed to and the motion to reconsider be laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered, the
amendment is agreed to.
The amendment (No. 1055) was agreed to.
Mr. WARNER. Mr. President, I ask unanimous consent that the bill, as
amended, be read three times, passed, and the motion to reconsider be
laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 996), as amended, was passed as follows:

S. 996

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

SECTION 1. ARBITRATION IN DISTRICT COURTS.

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 ``for each of the fiscal years 1994
through 1997'' and inserting ``for each fiscal year''.

SEC. 2. ENHANCEMENT OF JUDICIAL INFORMATION DISSEMINATION.

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