[House Report 104-798]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-798
_______________________________________________________________________
FEDERAL COURTS IMPROVEMENT ACT OF 1996
_______
September 17, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Moorhead, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3968]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 3968) to make improvements in the operation and
administration of the Federal courts, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTSPage...........................................................
Purpose and Summary.............................................. 11
Background and Need for Legislation.............................. 11
Hearings......................................................... 12
Committee Consideration.......................................... 12
Committee Oversight Findings..................................... 12
Committee on Government Reform and Oversight Findings............ 12
New Budget Authority and Tax Expenditures........................ 13
Congressional Budget Office Estimate............................. 13
Inflationary Impact Statement.................................... 17
Section-by-Section Analysis and Discussion....................... 18
Changes in Existing Law.......................................... 32
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Courts
Improvement Act of 1996''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CRIMINAL LAW AND CRIMINAL JUSTICE AMENDMENTS
Sec. 101. New authority for probation and pretrial services officers.
TITLE II--JUDICIAL PROCESS IMPROVEMENTS
Sec. 201. Duties of magistrate judge on emergency assignment.
Sec. 202. Registration of judgments for enforcement in other districts.
Sec. 203. Vacancy in clerk position; absence of clerk.
Sec. 204. Removal of cases against the United States and Federal
officers or agencies.
Sec. 205. Appeal route in civil cases decided by magistrate judges with
consent.
Sec. 206. Reports by judicial councils relating to misconduct and
disability orders.
Sec. 207. Consent to trial in certain criminal actions.
TITLE III--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND
PROTECTIONS
Sec. 301. Refund of contribution for deceased deferred annuitant under
the Judicial Survivors' Annuities System.
Sec. 302. Bankruptcy judges reappointment procedure.
Sec. 303. Technical correction related to commencement date of
temporary judgeships.
Sec. 304. Full-time status of court reporters.
Sec. 305. Court interpreters.
Sec. 306. Technical amendment related to commencement date of temporary
bankruptcy judgeships.
Sec. 307. Contribution rate for senior judges under the Judicial
Survivors' Annuities System.
Sec. 308. Proceedings on complaints against judicial conduct.
TITLE IV--JUDICIAL FINANCIAL ADMINISTRATION
Sec. 401. Increase in civil action filing fee.
Sec. 402. Interpreter performance examination fees.
Sec. 403. Judicial panel on multidistrict litigation.
Sec. 404. Disposition of fees.
TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS
Sec. 501. Qualification of Chief Judge of Court of International Trade.
TITLE VI--PLACES OF HOLDING COURT
Sec. 601. Place of holding court in the Southern District of New York.
Sec. 602. Place of holding court in the Eastern District of Texas.
TITLE VII--MISCELLANEOUS
Sec. 701. Participation in judicial governance activities by district,
senior, and magistrate judges.
Sec. 702. The Director and Deputy Director of the Administrative Office
as officers of the United States.
Sec. 703. Removal of action from State court.
Sec. 704. Federal Judicial Center employee retirement provisions.
Sec. 705. Abolition of the special court, Regional Rail Reorganization
Act of 1973.
Sec. 706. Exception of residency requirement for district judges
appointed to the Southern District and Eastern District of New York.
Sec. 707. Civil justice expense and delay reduction plans.
Sec. 708. Venue for territorial courts.
TITLE I--CRIMINAL LAW AND CRIMINAL JUSTICE AMENDMENTS
SEC. 101. NEW AUTHORITY FOR PROBATION AND PRETRIAL SERVICES OFFICERS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended--
(1) by striking out ``and'' at the end of paragraph (8)(B);
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new
paragraph:
``(9) if approved by the court, be authorized to carry
firearms under such regulations as the Director of the
Administrative Office of the United States Courts may
prescribe; and''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended--
(1) by redesignating paragraph (13) as paragraph (14); and
(2) by inserting after paragraph (12) the following new
paragraph:
``(13) If approved by the court, be authorized to carry
firearms under such regulations as the Director of the
Administrative Office of the United States Courts may
prescribe.''.
TITLE II--JUDICIAL PROCESS IMPROVEMENTS
SEC. 201. DUTIES OF MAGISTRATE JUDGE ON EMERGENCY ASSIGNMENT.
The first sentence of section 636(f) of title 28, United States Code,
is amended by striking out ``(a) or (b)'' and inserting in lieu thereof
``(a), (b), or (c)''.
SEC. 202. REGISTRATION OF JUDGMENTS FOR ENFORCEMENT IN OTHER DISTRICTS.
(a) In General.--Section 1963 of title 28, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 1963. Registration of judgments for enforcement in other
districts'';
(2) in the first sentence--
(A) by striking out ``district court'' and inserting
in lieu thereof ``court of appeals, district court, or
bankruptcy court''; and
(B) by striking out ``such judgment'' and all that
follows through ``Trade,'' and inserting in lieu
thereof ``the judgment''; and
(3) by adding at the end thereof the following new
undesignated paragraph:
``The procedure prescribed under this section is in addition to other
procedures provided by law for the enforcement of judgments.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 125 of title 28, United States Code, relating to section 1963
is amended to read as follows:
``1963. Registration of judgments for enforcement in other
districts.''.
SEC. 203. VACANCY IN CLERK POSITION; ABSENCE OF CLERK.
(a) In General.--Section 954 of title 28, United States Code, is
amended to read as follows:
``Sec. 954. Vacancy in clerk position; absence of clerk
``When the office of clerk is vacant, the deputy clerks shall perform
the duties of the clerk in the name of the last person who held that
office. When the clerk is incapacitated, absent, or otherwise
unavailable to perform official duties, the deputy clerks shall perform
the duties of the clerk in the name of the clerk. The court may
designate a deputy clerk to act temporarily as clerk of the court in
his or her own name.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 28, United States Code, relating to section 954 is
amended to read as follows:
``954. Vacancy in clerk position; absence of clerk.''.
SEC. 204. REMOVAL OF CASES AGAINST THE UNITED STATES AND FEDERAL
OFFICERS OR AGENCIES.
(a) In General.--Section 1442 of title 28, United States Code, is
amended--
(1) in the section heading by inserting ``or agencies'' after
``officers''; and
(2) in subsection (a)--
(A) in the matter preceding paragraph (1) by striking
out ``persons''; and
(B) in paragraph (1) by striking out ``Any officer of
the United States or any agency thereof, or person
acting under him, for any act under color of such
office'' and inserting in lieu thereof ``The United
States or any agency thereof or any officer (or any
person acting under that officer) of the United States
or of any agency thereof, sued in an official or
individual capacity for any act under color of such
office''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 89 of title 28, United States Code, is amended by amending the
item relating to section 1442 to read as follows:
``1442. Federal officers or agencies sued or prosecuted.''.
SEC. 205. APPEAL ROUTE IN CIVIL CASES DECIDED BY MAGISTRATE JUDGES WITH
CONSENT.
Section 636 of title 28, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (3) by striking out ``In this
circumstance, the'' and inserting in lieu thereof
``The'';
(B) by striking out paragraphs (4) and (5); and
(C) by redesignating paragraphs (6) and (7) as
paragraphs (4) and (5); and
(2) in subsection (d) by striking out ``, and for the taking
and hearing of appeals to the district courts,''.
SEC. 206. REPORTS BY JUDICIAL COUNCILS RELATING TO MISCONDUCT AND
DISABILITY ORDERS.
Section 332 of title 28, United States Code, is amended by adding at
the end thereof the following new subsection:
``(g) No later than January 31 of each year, each judicial council
shall submit a report to the Administrative Office of the United States
Courts on the number and nature of orders entered under this section
during the preceding calendar year that relate to judicial misconduct
or disability.''.
SEC. 207. CONSENT TO TRIAL IN CERTAIN CRIMINAL ACTIONS.
(a) Amendments to Title 18.--(1) Section 3401(b) of title 18, United
States Code, is amended--
(A) in the first sentence by inserting ``, other than a petty
offense that is a class B misdemeanor charging a motor vehicle
offense, a class C misdemeanor, or an infraction,'' after
``misdemeanor'';
(B) in the second sentence by inserting ``judge'' after
``magistrate'' each place it appears;
(C) by striking out the third sentence and inserting in lieu
thereof the following: ``The magistrate judge may not proceed
to try the case unless the defendant, after such explanation,
expressly consents to be tried before the magistrate judge and
expressly and specifically waives trial, judgment, and
sentencing by a district judge. Any such consent and waiver
shall be made in writing or orally on the record.''; and
(D) by striking out ``judge of the district court'' each
place it appears and inserting in lieu thereof ``district
judge''.
(2) Section 3401(g) of title 18, United States Code, is amended by
striking out the first sentence and inserting in lieu thereof the
following: ``The magistrate judge may, in a petty offense case
involving a juvenile, that is a class B misdemeanor charging a motor
vehicle offense, a class C misdemeanor, or an infraction, exercise all
powers granted to the district court under chapter 403 of this title.
The magistrate judge may, in any other class B or C misdemeanor case
involving a juvenile in which consent to trial before a magistrate
judge has been filed under subsection (b), exercise all powers granted
to the district court under chapter 403 of this title.''.
(b) Amendments to Title 28.--Section 636(a) of title 28, United
States Code, is amended--
(1) by striking out ``, and'' at the end of paragraph (3) and
inserting in lieu thereof a semicolon; and
(2) by striking out paragraph (4) and inserting the
following:
``(4) the power to enter a sentence for a petty offense that
is a class B misdemeanor charging a motor vehicle offense, a
class C misdemeanor, or an infraction; and
``(5) the power to enter a sentence for a class A
misdemeanor, or a class B or C misdemeanor not covered by
paragraph (4), in a case in which the parties have
consented.''.
TITLE III--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND
PROTECTIONS
SEC. 301. REFUND OF CONTRIBUTION FOR DECEASED DEFERRED ANNUITANT UNDER
THE JUDICIAL SURVIVORS' ANNUITIES SYSTEM.
Section 376(o)(1) of title 28, United States Code, is amended by
striking out ``or while receiving `retirement salary','' and inserting
in lieu thereof ``while receiving retirement salary, or after filing an
election and otherwise complying with the conditions under subsection
(b)(2) of this section,''.
SEC. 302. BANKRUPTCY JUDGES REAPPOINTMENT PROCEDURE.
Section 120 of the Bankruptcy Amendments and Federal Judgeship Act of
1984 (Public Law 98-353; 28 U.S.C. 152 note), is amended--
(1) in subsection (a) by adding at the end thereof the
following new paragraph:
``(3) When filling vacancies, the court of appeals may consider
reappointing incumbent bankruptcy judges under procedures prescribed by
regulations issued by the Judicial Conference of the United States.'';
and
(2) in subsection (b) by adding at the end thereof the
following: ``All incumbent nominees seeking reappointment
thereafter may be considered for such a reappointment, pursuant
to a majority vote of the judges of the appointing court of
appeals, under procedures authorized under subsection
(a)(3).''.
SEC. 303. TECHNICAL CORRECTION RELATED TO COMMENCEMENT DATE OF
TEMPORARY JUDGESHIPS.
Section 203(c) of the Judicial Improvements Act of 1990 (Public Law
101-650; 104 Stat. 5101; 28 U.S.C. 133 note) is amended by adding at
the end thereof the following: ``For districts named in this subsection
for which multiple judgeships are created by this Act, the last of
those judgeships filled shall be the judgeship created under this
subsection.''.
SEC. 304. FULL-TIME STATUS OF COURT REPORTERS.
Section 753(e) of title 28, United States Code, is amended by
inserting after the first sentence the following: ``For the purposes of
subchapter III of chapter 83 of title 5 and chapter 84 of such title, a
reporter shall be considered a full-time employee during any pay period
for which a reporter receives a salary at the annual salary rate fixed
for a full-time reporter under the preceding sentence.''.
SEC. 305. COURT INTERPRETERS.
Section 1827 of title 28, United States Code, is amended by adding at
the end thereof the following new subsection:
``(l) Notwithstanding any other provision of this section or section
1828, the presiding judicial officer may appoint a certified or
otherwise qualified sign language interpreter to provide services to a
party, witness, or other participant in a judicial proceeding, whether
or not the proceeding is instituted by the United States, if the
presiding judicial officer determines, on such officer's own motion or
on the motion of a party or other participant in the proceeding, that
such individual suffers from a hearing impairment. The presiding
judicial officer shall, subject to the availability of appropriated
funds, approve the compensation and expenses payable to sign language
interpreters appointed under this subsection in accordance with the
schedule of fees prescribed by the Director under subsection (b)(3) of
this section.''.
SEC. 306. TECHNICAL AMENDMENT RELATED TO COMMENCEMENT DATE OF TEMPORARY
BANKRUPTCY JUDGESHIPS.
Section 3(b) of the Bankruptcy Judgeship Act of 1992 (Public Law 102-
361; 106 Stat. 965; 28 U.S.C. 152 note) is amended in the first
sentence by striking out ``date of the enactment of this Act'' and
inserting in lieu thereof ``appointment date of the judge named to fill
the temporary judgeship position''.
SEC. 307. CONTRIBUTION RATE FOR SENIOR JUDGES UNDER THE JUDICIAL
SURVIVORS' ANNUITIES SYSTEM.
Section 376(b)(1) of title 28, United States Code, is amended to read
as follows:
``(b)(1) Every judicial official who files a written notification of
his or her intention to come within the purview of this section, in
accordance with paragraph (1) of subsection (a) of this section, shall
be deemed thereby to consent and agree to having deducted and withheld
from his or her salary a sum equal to 2.2 percent of that salary, and a
sum equal to 3.5 percent of his or her retirement salary. The deduction
from any retirement salary--
``(A) of a justice or judge of the United States retired from
regular active service under section 371(b) or section 372(a)
of this title,
``(B) of a judge of the United States Court of Federal Claims
retired under section 178 of this title, or
``(C) of a judicial official on recall under section 155(b),
373(c)(4), 375, or 636(h) of this title,
shall be an amount equal to 2.2 percent of retirement salary.''.
SEC. 308. PROCEEDINGS ON COMPLAINTS AGAINST JUDICIAL CONDUCT.
(a) In General.--Section 372(c) of title 28, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(c)(1)''; and
(B) by adding at the end the following: ``In the case
of a complaint so identified, the chief judge shall
notify the clerk of the court of appeals of the
complaint, together with a brief statement of the facts
underlying the complaint.
``(B) Complaints filed under subparagraph (A) in one judicial circuit
shall be referred to another judicial circuit for proceedings under
this subsection, in accordance with a system established by rule by the
Judicial Conference, which prescribes the circuits to which the
complaints will be referred. The Judicial Conference shall establish
and submit to the Congress the system described in the preceding
sentence not later than 180 days after the date of the enactment of
this subparagraph.'';
(2) in paragraph (2)--
(A) by amending the first sentence to read as
follows: ``Upon receipt of a complaint filed or notice
of a complaint identified under paragraph (1) of this
subsection, the clerk shall promptly transmit such
complaint or (in the case of a complaint identified
under paragraph (1)) the statement of facts underlying
the complaint to the chief judge of the circuit
assigned to conduct proceedings on the complaint in
accordance with the system established under paragraph
(1)(B) (hereafter in this subsection referred to as the
`chief judge').''; and
(B) in the second sentence by inserting ``or
statement of facts underlying the complaint (as the
case may be)'' after ``copy of the complaint'';
(3) in paragraph (4)(A) by inserting ``(to which the
complaint or statement of facts underlying the complaint is
referred)'' after ``the circuit'';
(4) in paragraph (5)--
(A) in the first sentence by inserting ``to which the
complaint or statement of facts underlying the
complaint is referred'' after ``the circuit''; and
(B) in the second sentence by striking ``the
circuit'' and inserting ``that circuit'';
(5) in the first sentence of paragraph (15) by inserting
before the period at the end the following: ``in which the
complaint was filed or identified under paragraph (1)''; and
(6) by amending paragraph (18) to read as follows:
``(18) The Judicial Conference shall prescribe rules, consistent with
the preceding provisions of this subsection--
``(A) establishing procedures for the filing of complaints
with respect to the conduct of any judge of the United States
Court of Federal Claims, the Court of International Trade, or
the Court of Appeals for the Federal Circuit, and for the
investigation and resolution of such complaints; and
``(B) establishing a system for referring complaints filed
with respect to the conduct of a judge of any such court to any
of the first eleven judicial circuits or to another court for
investigation and resolution.
The Judicial Conference shall establish and submit to the Congress the
system described in subparagraph (B) not later than 180 days after the
date of the enactment of the Federal Courts Improvement Act of 1996.''.
(b) Effective Date.--The amendments made by this section apply to
complaints filed on or after the 180th day after the date of the
enactment of this Act.
TITLE IV--JUDICIAL FINANCIAL ADMINISTRATION
SEC. 401. INCREASE IN CIVIL ACTION FILING FEE.
(a) Filing Fee Increase.--Section 1914(a) of title 28, United States
Code, is amended by striking out ``$120'' and inserting in lieu thereof
``$150''.
(b) Disposition of Increase.--Section 1931 of title 28, United States
Code, is amended--
(1) in subsection (a) by striking out ``$60'' and inserting
in lieu thereof ``$90''; and
(2) in subsection (b)--
(A) by striking out ``$120'' and inserting in lieu
thereof ``$150''; and
(B) by striking out ``$60'' and inserting in lieu
thereof ``$90''.
(c) Effective Date.--This section shall take effect 60 days after the
date of the enactment of this Act.
SEC. 402. INTERPRETER PERFORMANCE EXAMINATION FEES.
(a) In General.--Section 1827(g) of title 28, United States Code, is
amended by redesignating paragraph (5) as paragraph (6) and inserting
after paragraph (4) the following new paragraph:
``(5) If the Director of the Administrative Office of the United
States Courts finds it necessary to develop and administer criterion-
referenced performance examinations for purposes of certification of
interpreters, or other examinations for the selection of otherwise
qualified interpreters, the Director may prescribe for each examination
a uniform fee for applicants to take such examination. In determining
the rate of the fee for each examination, the Director shall consider
the fees charged by other organizations for examinations that are
similar in scope or nature. Notwithstanding section 3302(b) of title
31, the Director is authorized to provide in any contract or agreement
for the development or administration of examinations and the
collection of fees that the contractor may retain all or a portion of
the fees in payment for the services. Notwithstanding paragraph (6) of
this subsection, all fees collected after the effective date of this
paragraph and not retained by a contractor shall be deposited in the
fund established under section 1931 of this title and shall remain
available until expended.''.
(b) Payment for Contractual Services.--Notwithstanding sections
3302(b), 1341, and 1517 of title 31, United States Code, the Director
of the Administrative Office of the United States Courts may include in
any contract for the development or administration of examinations for
interpreters (including such a contract entered into before the date of
the enactment of this Act) a provision which permits the contractor to
collect and retain fees in payment for contractual services in
accordance with section 1827(g)(5) of title 28, United States Code.
SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT LITIGATION.
(a) In General.--(1) Chapter 123 of title 28, United States Code, is
amended by adding after section 1932 the following new section:
``Sec. 1933. Judicial Panel on Multidistrict Litigation
``The Judicial Conference of the United States shall prescribe from
time to time the fees and costs to be charged and collected by the
Judicial Panel on Multidistrict Litigation.''.
(2) The table of sections for chapter 123 of title 28, United States
Code, is amended by adding after the item relating to section 1931 the
following:
``1933. Judicial Panel on Multidistrict Litigation.''.
(b) Related Fees for Access to Information.--Section 303(a) of the
Judiciary Appropriations Act, 1992 (Public Law 102-140; 105 Stat. 810;
28 U.S.C. 1913 note) is amended in the first sentence by striking out
``1926, and 1930'' and inserting in lieu thereof ``1926, 1930, and
1932''.
SEC. 404. DISPOSITION OF FEES.
(a) Disposition of Attorney Admission Fees.--For each fee collected
for admission of an attorney to practice, as prescribed by the Judicial
Conference of the United States pursuant to section 1914 of title 28,
United States Code, $30 of that portion of the fee exceeding $20 shall
be deposited into the special fund of the Treasury established under
section 1931 of title 28, United States Code. Any portion exceeding $5
of the fee for a duplicate certificate of admission or certificate of
good standing, as prescribed by the Judicial Conference of the United
States pursuant to section 1914 of title 28, United States Code, shall
be deposited into the special fund of the Treasury established under
section 1931 of title 28, United States Code.
(b) Disposition of Bankruptcy Complaint Filing Fees.--For each fee
collected for filing an adversary complaint in a bankruptcy proceeding,
as established in Item 6 of the Bankruptcy Court Miscellaneous Fee
Schedule prescribed by the Judicial Conference of the United States
pursuant to section 1930(b) of title 28, United States Code, the
portion of the fee exceeding $120 shall be deposited into the special
fund of the Treasury established under section 1931 of title 28, United
States Code.
(c) Effective Date.--This section shall take effect 60 days after the
date of the enactment of this Act.
TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS
SEC. 501. QUALIFICATION OF CHIEF JUDGE OF COURT OF INTERNATIONAL TRADE.
(a) In General.--Chapter 11 of title 28, United States Code, is
amended by adding at the end thereof the following new section:
``Sec. 258. Chief judges; precedence of judges
``(a)(1) The chief judge of the Court of International Trade shall be
the judge of the court in regular active service who is senior in
commission of those judges who--
``(A) are 64 years of age or under;
``(B) have served for 1 year or more as a judge of the court;
and
``(C) have not served previously as chief judge.
``(2)(A) In any case in which no judge of the court meets the
qualifications under paragraph (1), the youngest judge in regular
active service who is 65 years of age or over and who has served as a
judge of the court for 1 year or more shall act as the chief judge.
``(B) In any case under subparagraph (A) in which there is no judge
of the court in regular active service who has served as a judge of the
court for 1 year or more, the judge of the court in regular active
service who is senior in commission and who has not served previously
as chief judge shall act as the chief judge.
``(3)(A) Except as provided under subparagraph (C), the chief judge
serving under paragraph (1) shall serve for a term of 7 years and shall
serve after expiration of such term until another judge is eligible
under paragraph (1) to serve as chief judge.
``(B) Except as provided under subparagraph (C), a judge of the court
acting as chief judge under subparagraph (A) or (B) of paragraph (2)
shall serve until a judge meets the qualifications under paragraph (1).
``(C) No judge of the court may serve or act as chief judge of the
court after attaining the age of 70 years unless no other judge is
qualified to serve as chief judge under paragraph (1) or is qualified
to act as chief judge under paragraph (2).
``(b) The chief judge shall have precedence and preside at any
session of the court which such judge attends. Other judges of the
court shall have precedence and preside according to the seniority of
their commissions. Judges whose commissions bear the same date shall
have precedence according to seniority in age.
``(c) If the chief judge desires to be relieved of the duties as
chief judge while retaining active status as a judge of the court, the
chief judge may so certify to theChief Justice of the United States,
and thereafter the chief judge of the court shall be such other judge
of the court who is qualified to serve or act as chief judge under
subsection (a).
``(d) If a chief judge is temporarily unable to perform the duties as
chief judge, such duties shall be performed by the judge of the court
in active service, able and qualified to act, who is next in
precedence.''.
(b) Technical and Conforming Amendments.--Chapter 11 of title 28,
United States Code, is amended--
(1) in section 251 by striking out subsection (b) and
redesignating subsection (c) as subsection (b);
(2) in section 253--
(A) by amending the section heading to read as
follows:
``Sec. 253. Duties of chief judge'';
and
(B) by striking out subsections (d) and (e); and
(3) in the table of sections for chapter 11 of title 28,
United States Code--
(A) by amending the item relating to section 253 to
read as follows:
``253. Duties of chief judge.'';
and
(B) by adding at the end thereof the following:
``258. Chief judges; precedence of judges.''.
(c) Application.--(1) Notwithstanding the provisions of section
258(a) of title 28, United States Code (as added by subsection (a) of
this section), the chief judge of the United States Court of
International Trade who is in office on the day before the date of
enactment of this Act shall continue to be such chief judge on or after
such date until any one of the following events occurs:
(A) The chief judge is relieved of his duties under section
258(c) of title 28, United States Code.
(B) The regular active status of the chief judge is
terminated.
(C) The chief judge attains the age of 70 years.
(D) The chief judge has served for a term of 7 years as chief
judge.
(2) When the chief judge vacates the position of chief judge under
paragraph (1), the position of chief judge of the Court of
International Trade shall be filled in accordance with section 258(a)
of title 28, United States Code.
TITLE VI--PLACES OF HOLDING COURT
SEC. 601. PLACE OF HOLDING COURT IN THE SOUTHERN DISTRICT OF NEW YORK.
The last sentence of section 112(b) of title 28, United States Code,
is amended to read as follows:
``Court for the Southern District shall be held at New York,
White Plains, and in the Middletown-Wallkill area of Orange
County or such nearby location as may be deemed appropriate.''.
SEC. 602. PLACE OF HOLDING COURT IN THE EASTERN DISTRICT OF TEXAS.
(a) The second sentence of section 124(c)(3) of title 28, United
States Code, is amended by inserting ``and Plano'' after ``held at
Sherman''.
(b) Sections 83(b)(1) and 124(c)(6) of title 28, United States Code,
are each amended in the last sentence by inserting before the period
the following: ``, and may be held anywhere within the Federal
courthouse in Texarkana that is located astride the State line between
Texas and Arkansas''.
TITLE VII--MISCELLANEOUS
SEC. 701. PARTICIPATION IN JUDICIAL GOVERNANCE ACTIVITIES BY DISTRICT,
SENIOR, AND MAGISTRATE JUDGES.
(a) Judicial Conference of the United States.--Section 331 of title
28, United States Code, is amended by striking out the second
undesignated paragraph and inserting in lieu thereof the following:
``The district judge to be summoned from each judicial circuit shall
be chosen by the circuit and district judges of the circuit and shall
serve as a member of the Judicial Conference of the United States for a
term of not less than 3 successive years nor more than 5 successive
years, as established by majority vote of all circuit and district
judges of the circuit. A district judge serving as a member of the
Judicial Conference may be either a judge in regular active service or
a judge retired from regular active service under section 371(b) of
this title.''.
(b) Board of the Federal Judicial Center.--Section 621 of title 28,
United States Code, is amended--
(1) in subsection (a) by striking out paragraph (2) and
inserting in lieu thereof the following:
``(2) two circuit judges, three district judges, one
bankruptcy judge, and one magistrate judge, elected by vote of
the members of the Judicial Conference of the United States,
except that any circuit or district judge so elected may be
either a judge in regular active service or a judge retired
from regular active service under section 371(b) of this title
but shall not be a member of the Judicial Conference of the
United States; and''; and
(2) in subsection (b) by striking out ``retirement,'' and
inserting in lieu thereof ``retirement pursuant to section
371(a) or section 372(a) of this title,''.
SEC. 702. THE DIRECTOR AND DEPUTY DIRECTOR OF THE ADMINISTRATIVE OFFICE
AS OFFICERS OF THE UNITED STATES.
Section 601 of title 28, United States Code, is amended by adding at
the end thereof the following: ``The Director and Deputy Director shall
be deemed to be officers for purposes of title 5, United States
Code.''.
SEC. 703. REMOVAL OF ACTION FROM STATE COURT.
Section 1446(c)(1) of title 28, United States Code, is amended by
striking out ``petitioner'' and inserting in lieu thereof ``defendant
or defendants''.
SEC. 704. FEDERAL JUDICIAL CENTER EMPLOYEE RETIREMENT PROVISIONS.
Section 627(b) of title 28, United States Code, is amended--
(1) in the first sentence by inserting ``Deputy Director,''
before ``the professional staff''; and
(2) in the first sentence by inserting ``chapter 84 (relating
to the Federal Employees' Retirement System),'' after
``(relating to civil service retirement),''.
SEC. 705. ABOLITION OF THE SPECIAL COURT, REGIONAL RAIL REORGANIZATION
ACT OF 1973.
(a) Abolition of the Special Court.--Section 209 of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 719) is amended in subsection
(b)--
(1) by inserting ``(1)'' before ``Within 30 days after''; and
(2) by adding at the end thereof the following new paragraph:
``(2) The special court referred to in paragraph (1) of this
subsection is abolished effective 90 days after the date of the
enactment of the Federal Courts Improvement Act of 1996. On such
effective date, all jurisdiction and other functions of the special
court shall be assumed by the United States District Court for the
District of Columbia. With respect to any proceedings that arise or
continue after the date on which the special court is abolished, the
references in the following provisions to the special court established
under this subsection shall be deemed to refer to the United States
District Court for the District of Columbia:
``(A) Subsections (c), (e)(1), (e)(2), (f) and (g) of this
section.
``(B) Sections 202 (d)(3), (g), 207 (a)(1), (b)(1), (b)(2),
208(d)(2), 301 (e)(2), (g), (k)(3), (k)(15), 303 (a)(1),
(a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3), (c)(4),
(c)(5), 304 (a)(1)(B), (i)(3), 305 (c), (d)(1), (d)(2), (d)(3),
(d)(4), (d)(5), (d)(8), (e), (f)(1), (f)(2)(B), (f)(2)(D),
(f)(2)(E), (f)(3), 306 (a), (b), (c)(4), and 601 (b)(3), (c) of
this Act (45 U.S.C. 712 (d)(3), (g), 717 (a)(1), (b)(1),
(b)(2), 718(d)(2), 741 (e)(2), (g), (k)(3), (k)(15), 743
(a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), (c)(3),
(c)(4), (c)(5), 744 (a)(1)(B), (i)(3), 745 (c), (d)(1), (d)(2),
(d)(3), (d)(4), (d)(5), (d)(8), (e), (f)(1), (f)(2)(B),
(f)(2)(D), (f)(2)(E), (f)(3), 746 (a), (b), (c)(4), 791 (b)(3),
(c)).
``(C) Sections 1152(a) and 1167(b) of the Northeast Rail
Service Act of 1981 (45 U.S.C. 1105(a), 1115(a)).
``(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C), (3)(C),
(3)(E), (4)(A) and 4025(b) of the Conrail Privatization Act (45
U.S.C. 1323 (2)(A)(iii), (2)(B), (2)(C), (3)(C), (3)(E),
(4)(A), 1324(b)).
``(E) Section 24907(b) of title 49, United States Code.
``(F) Any other Federal law (other than this subsection and
section 605 of the Federal Courts Improvement Act of 1996),
Executive order, rule, regulation, delegation of authority, or
document of or relating to the special court as established
under paragraph (1) of this subsection.''.
(b) Appellate Review.--(1) Section 209(e) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 719) is amended by striking
paragraph (3) and inserting in lieu thereof the following:
``(3) An order or judgment of the United States District Court for
the District of Columbia in any action referred to in this section
shall be reviewable in accordance with sections 1291, 1292, and 1294 of
title 28, United States Code.''.
(2) Section 303 of the Regional Rail Reorganization Act of 1973 (45
U.S.C. 743) is amended by striking out subsection (d) and inserting in
lieu thereof the following:
``(d) Appeal.--An order or judgment entered by the United States
District Court for the District of Columbia pursuant to subsection (c)
of this section or section 306 shall be reviewable in accordance with
sections 1291, 1292, and 1294 of title 28, United States Code.''.
(3) Section 1152 of the Northeast Rail Service Act of 1981 (45 U.S.C.
1105) is amended by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) Appeal.--An order or judgment of the United States District
Court for the District of Columbia in any action referred to in this
section shall be reviewable in accordance with sections 1291, 1292, and
1294 of title 28, United States Code.''.
(c) Technical and Conforming Amendments.--(1) Section 209 of the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 719) is amended--
(A) in subsection (g) by inserting ``or the Court of Appeals
for the District of Columbia Circuit'' after ``Supreme Court'';
and
(B) by striking out subsection (h).
(2) Section 305(d)(4) of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 745(d)) is amended by striking out ``a judge of the United
States district court with respect to such proceedings and such powers
shall include those of''.
(3) Section 1135(a)(8) of the Northeast Rail Service Act of 1981 (45
U.S.C. 1104(8)) is amended to read as follows:
``(8) `Special court' means the judicial panel established
under section 209(b)(1) of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 719(b)(1)) or, with respect to any
proceedings that arise or continue after the panel is abolished
pursuant to section 209(b)(2) of such Act, the United States
District Court for the District of Columbia.''.
(4) Section 1152 of the Northeast Rail Service Act of 1981 (45 U.S.C.
1105) is further amended by striking out subsection (d).
(d) Pending Cases.--Effective 90 days after the date of the enactment
of this Act, any case pending in the special court established under
section 209(b) of the Regional Rail Reorganization Act of 1973 (45
U.S.C. 719(b)) shall be assigned to the United States District Court
for the District of Columbia as though the case had originally been
filed in that court. The amendments made by subsection (b) of this
section shall not apply to any final order or judgment entered by the
special court for which--
(1) a petition for writ of certiorari has been filed before
the date on which the special court is abolished; or
(2) the time for filing a petition for writ of certiorari has
not expired before that date.
(e) Effective Date.--The amendments made by subsections (b) and (c)
of this section shall take effect 90 days after the date of the
enactment of this Act and, except as provided in subsection (d), shall
apply with respect to proceedings that arise or continue on or after
such effective date.
SEC. 706. EXCEPTION OF RESIDENCY REQUIREMENT FOR DISTRICT JUDGES
APPOINTED TO THE SOUTHERN DISTRICT AND EASTERN
DISTRICT OF NEW YORK.
Section 134(b) of title 28, United States Code, is amended--
(1) by inserting ``the Southern District of New York, and the
Eastern District of New York,'' after ``the District of
Columbia,'';
(2) by inserting ``or she'' after ``he''; and
(3) by inserting at the end the following: ``Each district
judge of the Southern District of New York and the Eastern
District of New York may reside within 20 miles of the district
for which he or she is appointed.''.
SEC. 707. CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS.
(a) Authorization of Arbitration.--Section 473(a)(6)(B) of title 28,
United States Code, is amended by inserting ``arbitration,'' before
``mediation''.
(b) Report on Demonstration Program.--Section 104(d) of the Civil
Justice Reform Act of 1990 (28 U.S.C. 471 note) is amended by striking
out ``December 31, 1996,'' and inserting in lieu thereof ``June 30,
1997,''.
(c) Report on Pilot Program.--Section 105(c)(1) of the Civil Justice
Reform Act of 1990 (28 U.S.C. 471 note) is amended by striking out
``December 31, 1996,'' and inserting in lieu thereof ``June 30,
1997,''.
SEC. 708. VENUE FOR TERRITORIAL COURTS.
(a) Change of Venue.--Section 1404(d) of title 28, United States
Code, is amended to read as follows:
``(d) As used in this section, the term `district court' includes the
District Court of Guam, the District Court for the Northern Mariana
Islands, and the District Court of the Virgin Islands, and the term
`district' includes the territorial jurisdiction of each such court.''.
(b) Cure or Waiver of Defects.--Section 1406(c) of title 28, United
States Code, is amended to read as follows:
``(c) As used in this section, the term `district court' includes the
District Court of Guam, the District Court for the Northern Mariana
Islands, and the District Court of the Virgin Islands, and the term
`district' includes the territorial jurisdiction of each such court.''.
(c) Applicability.--The amendments made by this section apply to
cases pending on the date of the enactment of this Act and to cases
commenced on or after such date.
Purpose and Summary
The Subcommittee on Courts and Intellectual Property
exercises the jurisdiction of the Committee on the Judiciary to
oversee the operation of the federal judiciary. H.R. 3968, the
``Federal Courts Improvement Act of 1996'', is designed to
improve administration and procedures, eliminate operational
inefficiencies, and, to the extent prudent, reduce judicial
operating expenses.
The bill affects a wide range of judicial branch programs
and operations. The reappointment procedure of bankruptcy
judges is simplified. Provisions affecting court reporters,
court interpreters, and employees of the Administrative Office
the United States Courts are included. The bill corrects
inconsistencies in the operation of the Judicial Survivors'
Annuities System. Civil action filing fees and other user fees
are increased for the first time in 10 years. Clarifications of
statutory removal and venue provisions are made. The bill also
addresses several personnel provisions affecting court
employees.
Background and Need for the Legislation
The Subcommittee Chairman, Mr. Moorhead, and the ranking
minority Member, Mrs. Schroeder, introduced H.R. 1989, the
``Federal Courts Improvement Act of 1995,'' on June 30, 1995.
The bill was introduced at the request of the Judicial
Conference of the United States.
The Judicial Conference is the policy making body of the
federal judiciary, and through a committee system evaluates
court operations. The Judicial Conference is supported by the
Administrative Office of the United States Courts. Also, the
circuit judicial councils of the regional districts have
statutory responsibility for certain administrative and
operational matters. The provisions of H.R. 1989 were developed
within the judiciary and approved by the Judicial Conference.
After the hearing held by the Subcommittee on Courts and
Intellectual Property on H.R. 1989 on March 14, 1996, the
Subcommittee marked up and favorably reported a committee
print, that represented a scaled back version of H.R. 1989. The
committee print was then introduced as a clean bill, H.R. 3968,
the ``Federal Courts Improvement Act of 1996.'' The provisions
in H.R. 3968 address administrative, financial, personnel,
organizational and technical changes that are needed by the
Federal courts and their supporting agencies. These provisions
are designed to have a positive impact on the operations of the
federal courts and enhance the delivery of justice in the
federal system.
Hearings
The Committee's Subcommittee on Courts and intellectual
Property held a hearing on H.R. 1989, the ``Federal Courts
Improvement Act of 1995'' on March 14, 1996, in Room B-352
Rayburn House Office Building. Testifying on behalf of the
Judicial Conference of the United States were: Judge Stephen
Anderson, U.S. Court of Appeals for the Tenth Circuit; Judge
Emmett Cox, U.S. Court of Appeals for the Eleventh Circuit; and
Judge Barefoot Sanders, U.S. District Court of the Northern
District of Texas. Also presenting testimony were Judge W. Earl
Britt, U.S. District Court for the Eastern District of North
Carolina, on behalf of the Federal Judges Association and
Mitchell F. Dolin, Attorney at Law, Covington & Burling, on
behalf of the American Bar Association.
Committee Consideration
On July 23, 1996, the Subcommittee on Courts and
Intellectual Property met in open session to markup a Committee
print that represented a scaled-back version of H.R. 1989. The
Committee print was ordered reported by voice vote, a quorum
being present. On August 2, 1996, the committee print was then
introduced as a clean bill, H.R. 3968. On September 11, 1996,
the Committee met in open session and ordered reported the bill
H.R. 3968, as amended, by a voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform and Oversight Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 2(l)(3)(B) of House rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 2(l)(C)(3) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, H.R. 3968, the following
estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 16, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3968, the Federal
Courts Improvement Act of 1996.
Enacting H.R. 3968 would affect direct spending. Therefore,
pay-as-you-go procedures would apply to the bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
June E. O'Neill, Director.
Enclosure.
congressional budget office cost estimate
1. Bill number: H.R. 3968.
2. Bill title: Federal Courts Improvement Act of 1996.
3. Bill status: As ordered reported by the House Committee
on the Judiciary on September 11, 1996.
4. Bill purpose: H.R. 3968 would make numerous operational
and administrative changes to the federal court system.
Provisions that would have significant budgetary effects
include section 306, which would allow the terms of certain
bankruptcy judgeships to be extended, and sections 401 and 404,
which would increase offsetting receipts and the spending of
such receipts by increasing civil filing fees and other
miscellaneous fees.
5. Estimated cost to the Federal Government: CBO estimates
that enacting H.R. 3968 would increase discretionary spending
by about $2 million over the 1997-2002 period, subject to the
availability of appropriated funds, and would increase
mandatory spending by $1 million over the same period. The
following table summarizes the estimated budgetary impact of
the bill.
[By fiscal years, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level............................. (\1\) 1 (\1\) (\1\) (\1\) (\1\)
Estimated outlays.........................................
CHANGES IN DIRECT SPENDING
Estimated budget authority................................ (\1\) (\1\) (\1\) (\1\) (\1\) (\1\)
Estimated outlays......................................... (\1\) (\1\) (\1\) (\1\) (\1\) (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000
The cost of this bill fall within budget function 750.
Basis of estimate
Title I
Section 101 of this title would allow probation officers
and pretrial officers to carry firearms with the approval of
federal district courts and according to the rules and
regulations prescribed by the Administrative Office of the
United States Courts (AOUSC). Currently, the Judicial
Conference of the United States maintains an informal policy
that enables these officers to carry firearms if allowed under
existing state and local law. As a result of this policy, a
firearms training program is in operation and surplus firearms
from other agencies are provided to the officers in the
program. Thus far, overall expenses for this program have been
minimal. According to the AOUSC, about 60 percent of the
probation officers and pretrial services officers currently
carry firearms, and enacting this bill would probably not
increase participation in the firearms programs significantly.
Thus, CBO estimates that enacting this provision would not have
a significant budgetary impact.
Title II
Because section 208 would allow civil actions and criminal
actions against federal agencies and federal officers to be
removed from state court to a federal district court, enacting
this provision could affect the number of cases that are tried
in federal courts. However, according to the national Center
for State Courts, very few of these cases are currently tried
in state court. Hence, CBO estimates that enacting this
provision would not significantly increase the federal caseload
and thus would not have any significant impact on the federal
budget.
CBO estimates that the other changes contained in this
title that would affect judicial process would have no
significant budgetary impact.
Title III
Section 305 would require the courts, subject to the
availability of appropriated funds, to provide sign-language
interpreters as necessary during any type of judicial
proceeding. Under current law, such services are provided in
some cases. Based on information from the AOUSC, CBO estimates
that it would cost the courts about $40,000 annually to provide
court interpreters in additional cases.
Section 306 would amend the Bankruptcy Judgeship Act of
1992 (Public Law 102-361), which created 10 temporary judgeship
positions and required that the next vacancy in each of the 10
affected district courts occurring five years after the
effective date of the act (August 26, 1992) not be filled.
Enacting section 309 would change the controlling date for
leaving vacancies unfilled to five years after the confirmation
date of the temporary judge, rather than five years after the
effective date of the Bankruptcy Judgeship Act of 1992. Based
on information from the AOUSC, CBO estimates that over the next
five years about two more workyears for judges would be
incurred under the bill than under current law. We estimate
that enacting section 309 would result in about $1 million in
new mandatory spending from fiscal year 1999 through fiscal
year 2002 for salaries and benefits of judges. Salaries and
benefits for support personnel and other expenditures related
to the judgeships, which would require an appropriation, are
estimated to cost about $2 million over the same period.
The other sections of this title would make various changes
that would affect the salaries and benefits for judiciary
personnel. However, based on information from the AOUSC, CBO
does not estimate that any of those changes would affect a
significant number of judicial personnel. Thus, CBO estimates
that neither discretionary nor mandatory spending would
significantly increase by enacting these sections.
Title IV
Two of the four sections under this title would increase
offsetting collections and the spending of such receipts.
Section 401 would increase the filing fee for filing a civil
action in district court from $120 to $150. Also, this section
would increase the portion of this fee that would be deposited
into the special judiciary fund in the Treasury to be used to
finance activities of the AOUSC. Currently, this fund retains
$60 of the $120 fee and enacting this section would require
that an additional $30 (that is, $90 of the $150 fee) be
deposited into this fund. According to the AOUSC, filing fees
are paid in about 220,000 civil actions each year. Thus, CBO
estimates that enacting this section would increase offsetting
collections by about $7 million each year, beginning in 1997.
Section 404 would allow the judiciary to retain revenue
from future increases in fees paid for attorney's admission to
the federal district bar, duplicate admission certificates,
certificates of good standing, and filing an adversary
complaint in bankruptcy cases. CBO expects that the Judicial
Conference of the United States would increase such fees
following enactment of this bill. We estimate the increase
would generate about $3 million in offsetting collections each
year. Because these collections as well as the amounts
collected under section 401 would be spent without
appropriations action, CBO estimates that enacting these
provisions would have no net impact on the federal budget.
Titles V and VI
Titles V and VI would change the system for selecting the
chief judge of the Court of International Trade and would
establish the southern district of New York and the eastern
district of Texas for holding court. CBO estimates that
enacting those provisions would not result in any significant
cost to the federal government.
Title VII
Section 705 would abolish the Special Court that was
established under the Regional Rail Reorganization Act of 1973
to oversee the reorganization of insolvent railroads. The
court's current proceedings, which consist of less than 10
cases, and any future cases would be transferred to the
district court for the District of Columbia. Based on
information from the AOUSC, CBO estimates that eliminating this
court would result in annual cost savings of about $200,000,
assuming that appropriations were reduced accordingly.
Section 708 would extend the authorization for
appropriations from fiscal year 1997 to 1998 for the use of
arbitration by certain district courts. Based on historical
expenditures for the arbitration program. CBO estimates that
the district courts would require an appropriation for this
purpose of about $500,000 in fiscal year 1998.
6. Pay-as-you-go considerations: Section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts through 1998. The various fee increases
under Title IV would affect direct spending. However, because
these fees, which are recorded as offsetting collections, would
be mostly spent in the same year in which they are collected,
CBO estimates that enacting the fee provisions would have no
significant net impact on direct spending in each year. Because
additional mandatory spending for the salaries and benefits for
bankruptcy judges would not begin until fiscal year 1999, these
amounts would not affect pay-as-you-go scoring.
[By fiscal years, in millions of dollars]
------------------------------------------------------------------------
1996 1997 1998
------------------------------------------------------------------------
Change in outlays...................... 0 0 0
Change in receipts..................... (\1\) (\1\) (\1\)
------------------------------------------------------------------------
\1\ Not applicable.
7. Estimated impact on State, local and tribal governments:
H.R. 3968 contains two intergovernmental mandates as defined in
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4).
CBO estimates that the aggregate net cost of these mandates of
state, local, and tribal governments would total, at most, $1
million annually--well below the $50 million threshold
established in Public Law 104-4.
Preemption of certain state and local gun laws.--The bill
would preempt some state and local laws by authorizing federal
pretrial and probation officers to carry guns. According to
information from the AOUSC, at least one state prohibits
pretrial officers from carrying concealed weapons. In addition,
many of these officials who must travel across state and
municipal borders find that their existing state authorization
is not always legal in bordering areas. (Generally there is a
residency requirement to obtain a permit to carry a gun in an
area.)
The regulations implementing this provision would also
preclude the need for these federal officials to obtain permits
or licenses from state and local governments. Currently,
federal pretrial and probation officers pay gun permit fees in
three states. Reductions in fee revenues would be slightly
offset by savings in administrative costs. CBO estimates that
providing these officials federal authorization to carry guns
would result in a net loss of revenues for state and local
governments totaling less than $2,000 per year.
Increase in civil action filing fees.--The bill would
increase the fee that parties, including state, local, and
tribal governments, must pay to file civil actions in U.S.
district courts. H.R. 3968 would raise the fee to $150 per
filing (an increase $30). According to the AOUSC, only a
fraction of the 220,000 such cases filed annually are filed by
state, local, or tribal governments. CBO estimates the costs to
these governments of complying with the fee increase would be
less than $1 million per year.
8. Estimated impact on the private sector: H.R. 3968 would
impose new private-sector mandates as defined in Public Law
104-4. First section 401 would increase the filing fee that
parties who institute civil actions in federal district are
required to pay. That fee would be increased to $150 from its
current law amount of $120. Second, section 402 would authorize
the Director of the AOUSC to develop a performance-based system
of certification for court interpreters, and to change fees to
interpreters for purposes of obtaining certification.
CBO estimates that the direct costs associated with new
private-sector mandates in the bill would fall well below the
$100 million threshold specified in Public Law 104-4.
Increasing the civil action filing fee would result in
additional payments by the private sector of about $7 million
per year. Authorizng the AOUSC Director to develop a
certification system for court interpreters and to charge
testing fees would essentially codify existing practices. Thus,
the direct cost of section 402 would be zero.
9. Previous CBO estimate: On September 6, 1996, CBO
transmitted a cost estimate for S. 1887, the Federal Courts
Improvement Act of 1996, as reported by the Senate Committee on
the Judiciary on July 30, 1996. H.R. 3968 is similar to S.
1887. The only significant difference between the two bills
that affects their cost is that S. 1887 would authorize
appropriations for the State Justice Institute while H.R. 3968
does not contain that authorization.
10. Estimate prepared by: Federal Cost Estimate: Susanne S.
Mehlman; State and local government impact: Karen McVey;
private sector impact: Matthew Eyles.
11. Estimate approved by: Robert A. Sunshine, Paul N. Van
de Water, Assistant Director for Budget Analysis.
Inflationary Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that H.R.
3968 will have no significant inflationary impact on prices and
costs in the national economy.
Section-by-Section Analysis
title i--criminal law and criminal justice amendments
Sec. 101. New authority for probation and pretrial services officers
This section provides federal authority for probation and
pretrial services officers to carry firearms under rules
prescribed by the Director of the Administrative Office of the
United States Courts, if approved by the appropriate district
court.
Probation and pretrial services officers may presently
carry weapons under circumstances specified by the Judicial
Conference only if state law permits. In some jurisdictions,
state law prohibits or limits these officers from carrying
weapons, even where the officer has federal court approval to
do so. In those states, the personal security of these officers
is being compromised. Without a federal statute authorizing
officers to carry firearms, these officers can encounter legal
problems in crossing state lines while performing their duties.
For example, when an officer is working in the community
supervising offenders near a state border, the officer's state
authorization to carry firearms may not be legal if the officer
should cross a state border while conducting normal supervision
activities. An offender may have a nearby job in an adjacent
state and the officer must travel to the job site to verify the
employment. Lack of federal authorization to carry firearms can
also have fiscal consequences. In Puerto Rico, for example,
officers must pay a license fee of several hundred dollars to
carry firearms.
There are sound reasons supporting a federal law to
supersede state law. This section corrects the situation in
which the security of federal probation and pretrial services
officers is left to the vagaries of state law. The section
removes the uncertainty of the authority of officers who are
required to cross state lines in the course of their duties. It
also clarifies the removability from state court of a civil
action arising out of the use of a firearm by an officer under
28 U.S.C. Sec. 1442. The firearms are to be carried pursuant to
regulations promulgated by the Director of the Administrative
Office. These regulations would include extensive training and
safety requirements, most of which are already in effect for
those officers authorized to carry firearms.
Congress has addressed and remedied this problem for the
employees of other federal government agencies involved in the
criminal justice system, e.g., Bureau of Prisons, 18 U.S.C.
Sec. 3050; Drug Enforcement Administration, 21 U.S.C. Sec. 878;
Environmental Protection Agency, 18 U.S.C. Sec. 3063; Federal
Bureau of Investigation, 18 U.S.C. Sec. 3052; Postal Service,
18 U.S.C. Sec. 3061; Secret Service, 18 U.S.C. Sec. 3056; U.S.
Marshals Service, 18 U.S.C. Sec. 3053. This section provides
identical legal treatment for federal probation and pretrial
officers.
title ii--judicial process improvements
Sec. 201. Duties of magistrate judge on emergency assignment
This section authorizes magistrate judges temporarily
assigned to another judicial district because of an emergency
to dispose of civil cases with the consent of the parties. This
authority is already possessed by magistrate judges sitting in
their own districts. Magistrate judges serving on emergency
assignment, therefore, would have the same authority in this
regard as those serving in regular status.
Section 636(f) of title 28 permits the temporary assignment
of a magistrate judge from one judicial district to another in
emergency situations upon the concurrence of the chief judges
of the districts involved. The magistrate judge may perform
duties specified in section 636(a) and (b). Subsection (f) was
added to the Federal Magistrates Act in 1972. The civil consent
provisions in section 636(c) were enacted in 1979, subsequent
to the enactment of the emergency provisions. It would appear
that through oversight no corresponding subsection (f)
amendment was made in 1979 to permit magistrate judges on
emergency assignment in another district to enter judgment in
civil cases upon the consent of the parties. Accordingly, this
section corrects that oversight.
Sec. 202. Registration of judgments for enforcement in other districts
This section clarifies that in 28 U.S.C. Sec. 1963, a
judgment in an action for recovery of money or property that
was entered in a court of appeals or a bankruptcy court may
also be registered for enforcement purposes in any district.
Such judgments of a district court are currently covered by
this statute. As a practical matter, bankruptcy courts, as
adjuncts to the district courts, have been relatively
unaffected by the present law specifying the district court.
However, this change is necessary to clarify the statute as to
bankruptcy courts and to enable courts of appeals judgments to
be registered for enforcement in other districts. This need
arises at the appellate level especially in the enforcement of
administrative law orders which have been appealed to the
courts of appeals, but are to be enforced at the district
level.
Sec. 203. Vacancy in clerk position; absence of clerk
While it might be thought self-evident that deputy clerks
may act for the clerk of court whenever the clerk is unable to
perform official duties for any reason, the current language of
28 U.S.C. Sec. 954 speaks only to deputy clerks acting in lieu
of a deceased clerk. This section amends section 954 to clarify
that deputy clerks may act whenever the clerk cannot perform
his or her official duties. It also 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. This section also deletes an
obsolete provision in section 954 relating to the compensation
of a deceased clerk of the Supreme Court. A conforming
amendment changes the chapter's table of contents.
Sec. 204. Removal of cases against the United States and Federal
officers or agencies
This section allows civil actions and criminal prosecutions
against federal agencies as well as those against federal
officers sued in either an individual or official capacity to
be removed to federal district court. A federal forum in such
cases is important since state court actions against federal
agencies and officers often involve complex federal issues and
federal-state conflicts. This bill legislatively reverses the
Supreme Court's decision in International Primate Protection
League, et al. v. Administrators of Tulane Educational Fund, et
al., 111 S.Ct. 1700 (1991), which held that only federal
officers, not federal agencies, may remove state court actions
to federal court pursuant to 28 U.S.C. Sec. 1442(a)(1).
This section also reverses at least three lower court
decisions, viz., Western Securities v. Derwinski, 937 F.2d 1276
(7th Cir. 1991); American Policyholders Insurance Company v.
Nyacol, 989 F.2d 1256 (1st Cir. 1993), cert. denied, 114 S.Ct.
682 (1994), and Turner v. Espy, 863 F. Supp. 1198 (D. Haw.
1994), which held that federal officers sued exclusively in
their official capacities cannot remove state court actions to
federal court. The holdings in those cases directly contravened
the statutory language. The result of these decisions has been
that federal agencies have had to defend themselves in state
court, despite important and complex federal issues such as
preemption and sovereign immunity. Note that under the change
made in this section, cases would be removable only where
federal officers are acting pursuant to a federal law.
This section fulfills Congress' intent that questions
concerning the exercise of federal authority, the scope of
federal immunity and federal-state conflicts be adjudicated in
federal court. It also clarifies that suits against federal
agencies, as well as those against federal officers sued in
either an individual or official capacity, may be removed to
federal district court. This section does not alter the
requirement that a federal law defense be alleged for a suit to
be removable pursuant to 28 U.S.C. Sec. 1442(a)(1).
Sec. 205. Appeal route in civil cases decided by magistrate judges with
consent
In cases where parties to a civil action have consented to
case- dispositive authority of a magistrate judge, current law
permits an appeal of the judgment directly to the court of
appeals or, as an alternative if the parties agree, to a
district judge followed by discretionary review in the court of
appeals.
This section eliminates the alternative route of appeal to
the district judge, as recommended in the Judicial Conference's
Long Range Plan for the Federal Courts. Although intended as a
less-expensive means of obtaining appellate review, this
alternative appeal route is inconsistent with the principle
underlying the ``consent'' authority of magistrate judges--that
the parties agree to disposition of their case without
involving a district judge. A single forum of appeal in civil
consent cases simplifies court procedures and recognizes the
existing practice in most districts. When the statistics were
last analyzed in preparation of the Long Range Plan, for the
two year period from July 1, 1991 through June 30, 1993, only
three percent of the civil consent cases disposed of by
magistrate judges (338 out of 12,219) were appealed to a
district judge. These appeals to district judges occurred in
only 33 of the 94 district courts, 18 of which experienced only
one appeal and another seven experienced only two or three such
appeals. Moreover, the dual system of appeals has led to
confusion among litigants, with some parties appealing to the
wrong forum and others failing to recognize that appeal to a
district judge might bar rights of further appeal. See, e.g.,
Stull v. Sec. of Health and Human Services, 749 F.2d 9 (6th
Cir. 1984) (no automatic right to appeal to court of appeals
after parties chose to appeal to district court); Webster v.
Spraying Systems, 727 F. Supp. 381 (N.D. Ill. 1989) (case
improperly before district judge where parties elected to
appeal directly to court of appeals). This section does 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.
Sec. 206. Reports by judicial councils relating to misconduct and
disability orders
This section requires each Judicial Council to submit an
annual report to the Administrative Office of the United States
Courts on the number and nature of orders relating to judicial
misconduct or disability under 28 U.S.C. Sec. 332. This
reporting requirement was recommended by the Report of the
National Commission on Judicial Discipline and Removal (August
1993), which found that reliable information concerning Council
orders was difficult to obtain.
Sec. 207. Consent to trial in certain criminal actions
Under current law, United States magistrate judges have
jurisdiction to try misdemeanor cases, but persons charged with
a misdemeanor may elect to be tried before the district judge
in those cases. Trial by the magistrate judge can occur only
when the defendant files a written consent to that trial.
Under this section, certain petty offenses could be tried
by the magistrate judge without the consent of the defendant,
and in those cases in which consent would continue to be
required, that consent could be made either in writing or
orally on the record.
Specifically, this section would permit trial by the
magistrate judge without consent in the following cases:
Petty offenses that are infractions, punishable by
imprisonment of five days or less;
Petty offenses that are Class C misdemeanors,
punishable by imprisonment of thirty days or less; and
Petty offenses that are Class B misdemeanors charging
a motor vehicle violation, punishable by imprisonment
of six months or less.
For all other misdemeanors, including non-motor vehicle
violations that are Class B misdemeanors, trial could occur
before the magistrate judge, as happens under the law now in
effect, with consent. This section does change the consent
provision to permit consent to be made orally on the record as
well as in writing.
TITLE III--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS AND PROTECTIONS
Sec. 301. Refund of contribution for deceased deferred annuitant under
the Judicial Survivors' Annuities System
This section is a technical amendment to 28 U.S.C.
Sec. 376(o)(1) addressing a contingency not addressed under the
current statute relating to officials who retire on deferred
annuities, i.e., what happens if a judicial official retires on
a deferred annuity and agrees to continue Judicial Survivors'
Annuities System (JSAS) contributions during the period between
leaving office and commencement of the annuity, but either dies
before making the requisite 18 months of contributions for
vesting purposes (a possibility for individuals who join JSAS
during an ``open season'' and retire shortly thereafter) or
dies without eligible survivors. Under the current statute, in
cases where a judicial official dies without eligible survivors
or before his or her JSAS benefits have become vested, a lump
sum payment of contributions, with interest, is made to
designated beneficiaries if the judicial official ``dies while
in office, or while receiving `retirement pay' ''. This
amendment applies the same policy to a judicial official who
dies between the time of retirement and commencement of annuity
payments.
Sec. 302. Bankruptcy judges reappointment procedure
This section amends the Bankruptcy Amendments and Federal
Judgeship Act of 1984, Pub. L. No. 98-353, Sec. 120, as amended
by Pub. L. No. 99-554, Sec. 102, 100 Stat. 3089, to authorize
the Judicial Conference to prescribe regulations which provide
for the reappointment of incumbent bankruptcy judges that
differ from the initial appointment of bankruptcy judges.
The Bankruptcy Amendments and Federal Judgeship Act of 1984
articulated strict, specifically detailed ethical and
scholastic standards for the selection of United States
bankruptcy judges to ensure that such selections are governed
by merit, character, and scholastic ability. This Act also
requires the judicial council for each circuit, or a merit
selection panel, if so convened by the council, to screen and
review the qualifications of applicants, using strict criteria
specified both by the Act and by accompanying regulations
issued by the Judicial Conference of the United States. These
procedures are thorough and time-consuming, both for the
applicants and the reviewers. These procedures are unnecessary,
however, in the case of applicants who are incumbent bankruptcy
judges. The information regarding an incumbent's merit,
scholarship, judicial temperament, etc., is no longer a matter
which a judicial council or a merit selection screening panel
need attempt to ascertain; they are facts, amply supported by a
fourteen-year-old record. Thus, this section simply eliminates
unnecessary expenditures of time and money.
The expectation is that a system similar to that utilized
for incumbent magistrate judges would be established, i.e., if
the appointing court of appeals determines that a reappointment
is appropriate, then it publishes its intention to reappoint
the incumbent and seeks public comment on the incumbent's
record. The judge's performance is reviewed, as well as any
comments received, and a report is forwarded to the court of
appeals, which then decides whether to reappoint. If the court
of appeals decides not to reappoint, then the normal recruiting
and selection procedures begin.
The 1984 Act sought to eliminate any constitutional
concerns from the 1978 Act, as expressed in Northern Pipeline
Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982).
The concern at that time was to continue the then-incumbent
bankruptcy judges in office and to encourage their
reappointment when their existing terms expired. The failure to
provide provisions concerning the reappointment of future
incumbents (i.e., incumbents reappointed after the filling of
first vacancies following the 1984 Act) with waiver of the
fact-finding procedures appears to be an oversight. Thus, this
section is more in the nature of a technical correction. This
change also provides uniformity in the procedures for
reappointing incumbent bankruptcy judges with that of
magistrate judges.
Sec. 303. Technical correction related to commencement date of
temporary judgeships
When the Federal Judgeship Act was passed in 1990, it
created, among other things, both permanent judgeships and a
temporary judgeship in two district courts, the Eastern
District of Missouri and the Eastern District of Pennsylvania.
This section eliminates potential confusion about the date on
which the temporary judgeship will lapse. When these judgeship
positions have been filled, the source of the position has been
identified as the Federal Judgeship Act of 1990 without
specifying whether the position being filled is the permanent
or the temporary position.
The amended language of the 1990 Act creating temporary
judgeships specifies that the first vacancy occurring five
years after the confirmation of the judge appointed to fill the
position shall not be filled. Without more specificity on which
of the judgeships is the temporary position, uncertainty exists
as to the date on when the position will lapse.
This section eliminates that confusion by specifying that
the last of the judgeships (created by this Act in these two
districts) filled shall be the temporary position. In this
manner, the legislation will more fully comport with the intent
of the temporary judgeship positions by assuring that the
courts have the benefit of those temporary judgeships for at
least the five year period specified in the Act.
Sec. 304. Full-time status of court reporters
This section corrects an inequity caused by the unique
nature of court reporter work that unjustly penalizes court
reporters at retirement. Sections 8339(o) and 8415(e) of title
5 were added in 1986 by the Omnibus Budget Reconciliation Act
of 1985 to eliminate the availability of windfall retirement
annuities for part-time employees. The Office of Personnel
Management has issued a formal opinion which could deprive
court reporters who are not on a regularly scheduled 40 hour
weekly tour of duty in the courthouse of a full retirement
annuity, irrespective of receipt of a full-time salary and
concomitant full retirement contributions. Under this opinion,
court reporters who wish to receive a retirement annuity based
upon ``full-time'' service (as opposed to part-time service and
a resulting reduction in annuity) must either (a) work a
scheduled tour of duty in the courthouse of 80 hours per pay
period; or (b) maintain records of the actual hours worked on
federal business and work a minimum of 2080 hours per year on
that business. However, court reporters work irregular hours
and may not work the entire 40 hours in the courthouse. This
section remedies this by providing that court reporters who are
paid a full-time salary will be treated like full-time
employees for retirement purposes.
In order that annuities not be reduced solely due to the
lack of a regularly scheduled tour of duty if the reporter is
paid a full salary as fixed by the Judicial Conference, the
Conference in September 1988 recommended the proposed
legislative change to define court reporters as ``full-time''
employees for annuity purposes if they are paid full-time
salaries.
Sec. 305. Court interpreters
This section cures what was an unanticipated statutory
restriction on the federal courts' ability to respond to the
needs of hearing-impaired persons participating in court
proceedings. The Court Interpreters Act at 28 U.S.C.
Sec. 1827(d)(1) and (e)(2) authorizes the provision of paid
interpreting services to the hearing-impaired (as well as to
non-English speakers), but only to parties and witnesses and
only in criminal cases or civil actions instituted by the
United States. At 28 U.S.C. Sec. Sec. 1827(g)(4) and 1828(b)
(with regard to special interpretation services), the Act
provides that such services may be provided in other
proceedings with the approval of the presiding judicial
officer, but only on a cost-reimbursable basis.
Especially in recent years, since the enactment of the
Americans with Disabilities Act, hearing-impaired persons in a
variety of circumstances, such as debtors in bankruptcy cases,
parties in private civil cases, attorneys representing private
clients, and others, have requested federal courts to provide
them with sign language interpreters so that they may
meaningfully participate in court proceedings. No matter how
sympathetic a presiding judge may be to such requests, however,
because of the restriction in the Court Interpreters Act, the
courts have been limited to providing this service on a
reimbursable basis.
This section promotes accommodation to this class of
disabled persons by vesting judicial officers with the
discretion to provide sign language interpreters at court
expense, subject to the availability of funds, to any
participant in any type of judicial proceeding. The Committee
contemplates that discretion under subsection (l) will be
exercised sparingly to advance the interests of justice. The
presiding officer, of course, must consider the availability of
appropriated funds before exercising discretion under
subsection (l) to appoint a sign language interpreter and avoid
making such an appointment under this subsection in the absence
of funds to pay for the services. Other provisions of the Court
Interpreters Act remain unchanged, however, so that the
provision of interpretation services for government witnesses,
for example, remains the financial responsibility of the
Department of Justice under 28 U.S.C. Sec. 1827(g)(3).
Sec. 306. Technical amendment related to commencement date of temporary
bankruptcy judgeships
Temporary judgeships were first established for bankruptcy
judges in the Bankruptcy Judgeship Act of 1992 (the 1992 Act),
which authorized ten temporary judgeship positions. Temporary
judgeship positions are intended to provide a court with a
needed judgeship for a minimum of five years. However, the
language of section 3(b) of the 1992 Act followed language used
for Article III judges, which provided that a vacancy occurring
five years or more after the date of the enactment of the Act
shall not be filled.
By linking the temporary judgeship terms (5 years) to the
enactment date of a particular judgeship act, a district could
lose most or all of the benefit of an authorized temporary
judgeship position. The period between the effective date of a
particular judgeship act and the time new judges actually take
office to fill newly-created positions is often years, due to
delays in funding and selection processes.
The Article III judiciary has had temporary judgeships for
years and has struggled with the harsh effects of linking the
five-year period to the date of enactment of the particular
judgeship act. Congress recognized this problem and passed
legislation to amend the commencement date of certain temporary
Article III judgeships. Pub. Law 104-60.
Sec. 307. Contribution rate for senior judges under the Judicial
Survivors' Annuities System
This section corrects an anomaly between categories of
disabled judges and their rate of contribution to the Judicial
Survivors' Annuities System (JSAS) and provides equal treatment
for all disabled judges. Currently, a senior judge who is
disabled and retires under 28 U.S.C. Sec. 371(b) (senior
status) contributes to the JSAS at a rate of 2.2 percent.
However, a disabled judge who retires under 28 U.S.C.
Sec. 372(a) (permanent disability) contributes to JSAS at a
rate of 3.5 percent unless he or she is ``willing and able'' to
work. This section applies a 2.2 percent contribution rate to
all senior Article III judges and all retired judges of the
United States Court of Federal Claims.
Sec. 308. Proceedings on complaints against judicial conduct
This section amends section 372(c) of title 28, United
States Code, to provide that complaints filed in one judicial
circuit shall be referred to another judicial circuit for
proceedings under this subsection. The Judicial Conference is
directed to prescribe by rule the system by which complaints
will be referred among judicial circuits, as well as the United
States Court of Federal Claims, the Court of International
Trade, and the Court of Appeals for the Federal Circuit. The
Judicial Conference shall establish and submit to Congress the
system of referral within 180 days after the date of enactment
of this Act.
title iv--judicial financial administration
Sec. 401. Increase in civil action filing fee
In September 1992, the Judicial Conference, noting that
civil filing fees had been increased from $15 to $60 in 1978
and from $60 to $120 in 1986, recommended that 28 U.S.C.
Sec. 1914(a) be amended to increase the civil filing fee from
$120 to $150.
This section increases the filing fee for civil actions in
the district courts under 28 U.S.C. Sec. 1914 from $120 to
$150. This modest adjustment affects only the initial ``user
fee'' for all litigants not proceeding in forma pauperis under
28 U.S.C. Sec. 1915. Although the initial filing fee of some
state courts of general jurisdiction may be less, many states
have add-on fees. For example, in twenty-six states, courts
charge a jury demand fee which can be as high as $300,
according to the National Center for State Courts. Also, actual
reimbursement fees for jury trials ordered in certain judgments
run much higher, depending upon the length of trial. Other
states impose a fee for filing an answer, requesting a trial or
filing a motion.
Additionally, this section amends 28 U.S.C. Sec. 1931 to
have the first $90 (rather than $60) of each fee be deposited
into the special judiciary fund in the Treasury to be available
to offset funds appropriated for the operation and maintenance
of the courts. According to the Judicial Conference, as a
result, the judiciary would receive about $6.6 million
annually, thereby reducing the need for direct appropriations.
The section provides for a 60 day delay in the effective
date in the proposed increase to the civil filing fee. This
delay would allow clerks of court to implement the filing fee
increase.
Sec. 402. Interpreter performance examination fees
Since the enactment in 1978 of the Court Interpreters Act,
28 U.S.C. Sec. 1827, the Administrative Office has been
responsible for the development and administration of
interpreter certification examinations. From 1985 to the
present, the Administrative Office has contracted with the
University of Arizona to perform this function. Under this
contract, the contractor may charge a fee to offset costs of
developing and administering the exam. For the Spanish
certification exam, the fees collected by the University defray
a significant portion of the cost.
While this contracting approach has been followed for
almost a decade, a review of the program has raised some
concerns about the validity of contract language permitting the
contractor to collect fees and budget funds without clear
statutory authorization. Accordingly, this section amends 28
U.S.C. Sec. 1827 to expressly authorize the Director of the
Administrative Office to prescribe fees for examinations given
for the purpose of certifying qualified interpreters, and to
permit the contractor to collect and retain some or all of the
fees as direct payment for contract services. The section also
validates such provisions in current and past contracts. Any
funds collected after this section takes effect that are not
retained by a contractor are to be deposited into the
offsetting fund established under 28 U.S.C. Sec. 1931.
Sec. 403. Judicial panel on multidistrict litigation
Several provisions of title 28, United States Code,
authorize the Judicial Conference to establish miscellaneous
fee schedules for the federal, appellate, district, claims and
bankruptcy courts. The Judiciary's 1991 appropriations act
provided permanent authority for fees charged for electronic
public access to these courts' databases to be deposited into
the Judiciary Automation Fund, which pays the costs of
providing those services. Currently, the Judicial Panel on
Multidistrict Litigation is included in these statutes. The
purpose of this section is to establish conformity in the
federal judiciary by authorizing the Judicial Conference to
establish a Miscellaneous Fee Schedule for the Panel and by
authorizing the deposit of electronic public access fees
collected by the Panel into the Judiciary Automation Fund.
Sec. 404. Disposition of fees
This section allows the judiciary to retain the revenue
from increases above current levels in (1) attorney admission
fees, (2) duplicate admission certificates, and (3)
certificates of good standing. It is anticipated that if such
legislation were enacted, the Judicial Conference would raise
the attorney admission fee from $20 to $50, and raise fees for
duplicate judiciary certificates and certificates of good
standing from $5 to $15. This would provide about $2 million
annually for the judiciary.
This section also allows the judiciary to retain additional
revenues derived from increases in fees for filing an adversary
complaint in bankruptcy cases. Item 6 of the Bankruptcy Court
Miscellaneous Fee Schedule, which was adopted by the Judicial
Conference pursuant to 28 U.S.C. Sec. 1930, provides that the
fee charged for filing a complaint be the same amount as the
filing fee prescribed in 28 U.S.C. Sec. 1914(a) for instituting
any civil action other than a writ of habeas corpus.
Additionally, this section provides that the additional $30
from each bankruptcy complaint filing is to be deposited into
the special judiciary fund in the Treasury. These revenues
would be available to offset funds appropriated for the
operation and maintenance of the courts.
TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS
Sec. 501. Qualification of chief judge of court of international trade
Under existing 28 U.S.C. Sec. 251(b), the President
designates one of the nine judges of the court, who is less
than 70 years old, to serve as chief judge. The chief judge so
designated continues to serve as chief judge until the judge
reaches the age of seventy and another judge is designated as
chief judge by the President.
The method for selecting the chief judges of the other
Article III courts provides that the chief judge of the court
shall be the judge in regular service who is senior in
commission of those judges who (a) is sixty-four years of age
or under; (b) has served as a judge of the court for at least
one year; and (c) has not previously served as chief judge.
This method of selection was reviewed by the Federal Courts
Study Committee, which recommended that this method not be
changed. In particular, the Committee Report stated:
The modified seniority method of chief judge
selection established in 1982 (see 28 U.S.C.
Sec. Sec. 45 & 136) is not faultless, but it operates
well in practice and is preferable to any other method.
The statutorily specified term for chief judges is a
definite improvement over the previous pattern of very
short or very long periods of service.
This section changes the system for selecting the chief
judge of the Court of International Trade to conform with the
modified seniority system applicable to every other Article III
court. This significantly improves the political selection of a
chief judge by the President and has the support of the
Judicial Conference of the United States.
title vi--places of holding court
Sec. 601. Place of holding court in the Southern District of New York
In March 1993, the Judicial Conference approved a proposal
to amend 28 U.S.C. Sec. 112(b) to establish the Middletown-
Wallkill area of Orange County, New York (west of Hudson) as a
place of holding court in the Southern District of New York.
This section implements that proposal.
Sec. 602. Place of holding court in the Eastern District of Texas
This amendment would implement the March 1991 Judicial
Conference proposal to designate Plano, Texas as a place of
holding court in the Eastern District of Texas. In addition,
the provision clarifies that court for the Eastern District of
Texas and the Western District of Arkansas may be held anywhere
in the Federal Courthouse which sits astride the Texas-Arkansas
state line.
title vii--miscellaneous
Sec. 701. Participation in judicial governance activities by district,
senior, and magistrate judges
Currently, 28 U.S.C. Sec. 331 provides, in relevant part,
that ``[t]he district judge to be summoned [to the Judicial
Conference] from each judicial circuit shall be chosen by the
circuit and district judges of the circuit at the annual
judicial conference of the circuit held pursuant to section 333
of this title * * * .'' In 1990, 28 U.S.C. Sec. 333 was amended
to permit the circuit judicial conferences to be held
biennially instead of annually. This raised the question of
whether the circuit and district judges could elect their
district court representative to the Judicial Conference
without holding an annual meeting. The General Counsel's office
of the Administrative Office of the United States Courts
concluded that it was reasonable to assume the judges could
make this decision without a formal meeting, but recommended a
technical amendment. Accordingly, this section amends 28 U.S.C.
Sec. 331 to authorize each judicial conference to choose a
representative in accordance with rules adopted by the judicial
conference of the circuit.
Sec. 702. The Director and Deputy Director of the Administrative Office
as officers of the United States
The Judicial Improvements Act of 1990 (Pub. L. No. 101-650)
changed the authority for appointment of the Director and
Deputy Director of the Administrative Office from the Supreme
Court to the Chief Justice (after consulting with the Judicial
Conference). In so doing, it appears Congress inadvertently
eliminated these two positions from the definition of
``officer'' of the United States under 5 U.S.C. Sec. 2104,
which defines an ``officer of the United States'' for purposes
of title 5, United States Code. While qualification of these
positions under the definition of ``employee'' of the United
States prevents inadvertent disqualification for certain
benefits, the positions should be clearly included under the
term ``officer''.
In the past, the Director and Deputy Director have
qualified as ``officers'' under the title 5 definition because
they were (1) appointed by a court of the United States, (2)
engaged in the performance of a federal function under
authority of law, and (3) were subject to the supervision of
the Judicial Conference while engaged in the performance of the
duties of office. Appointment by the Chief Justice will not
allow a Director or Deputy Director literally to meet the
definition of ``officer''. Accordingly, the General Counsel of
the Administrative Office suggested legislation to make it
clear that the Director and Deputy Director of the
Administrative Office are ``officers'' of the United States.
This section accomplishes that purpose by adding a new sentence
to the end of 28 U.S.C. Sec. 601 to the effect that ``[t]he
Director and Deputy Director shall be deemed to be `officers'
for the purposes of title 5, United States Code.''
Sec. 703. Removal of action from State court
This section conforms 28 U.S.C. Sec. 1446(c)(1) to the
language in the rest of the section by substituting ``defendant
or defendants'' for ``petitioner''.
Sec. 704. Federal Judicial Center employee retirement provisions
This section clarifies 28 U.S.C. Sec. 627(b) to remove any
doubt that eligible Federal Judicial Center staff, including
the Deputy Director, are covered by the Federal Employees
Retirement System (FERS) under 5 U.S.C. Sec. Sec. 8401 et seq.
Sec. 705. Abolition of the Special Court, Regional Rail Reauthorization
Act of 1973.
Section 705 abolishes the Special Court that was
established in the early 1970's to oversee the reorganization
of insolvent railroads. That court's caseload has declined to
less than 10 cases, none of which involve significant activity.
The 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 changes incidental to the court's
abolition. As there is already an established, uniform body of
law regarding these matters, it is easier to maintain that
unified body of law within one court. Further, the precedential
value of the Special Court will be retained and the
jurisprudence of the Special Court will be adopted by the
District Court for the District of Columbia for the purpose of
deciding these cases.
More specifically, subsection (a) amends 45 U.S.C. Sec. 719
to provide that the Special Court is abolished after a 90-day
transition period. At the end of the transition period, the
District Court for the District of Columbia assumes
responsibility for the Special Court's remaining docket and
acquires the latter's exclusive, nationwide jurisdiction under
the Regional Rail Reorganization Act of 1973, the Northeast
Rail Service Act of 1981, the Conrail Privatization Act, and
related statutes. Subsection (a) also deems all statutory or
regulatory references to the Special Court to refer to the
District Court for the District of Columbia for purposes of any
proceedings after the Special Court is abolished. Subsection
(b) provides that appeals in rail reorganization cases decided
by the District Court for the District of Columbia shall lie to
the Court of Appeals for the District of Columbia Circuit.
Subsection (c) makes necessary conforming amendments.
Subsection (d) provides that cases pending at the time of the
Special Court's abolition will be assigned to the District
Court for the District of Columbia as if they had been filed
originally in that court. Subsection (e) provides that the
amendments concerning appellate review and the conforming
amendments become effective 90 days after enactment. The
appellate review amendments, however, do not apply to any final
order or judgment entered by the Special Court, which is a
three-judge court, for which a petition for writ of certiorari
has already been filed or the time for filing such petition has
not expired.
By way of background, in the early 1970's, Congress was
confronted with a rail transportation crisis when the eight
major railroads in the Northeast and Midwest filed for
bankruptcy relief and faced likely dissolution. It responded
with emergency legislation to reorganize and streamline the
insolvent railroads and, as part of that scheme, established a
``Special Court'' of three federal judges, drawn from other
courts, to oversee the reorganization by approving a new rail
system plan, reviewing and ordering the requisite property
conveyances, determining appropriate compensation, and making
other necessary findings and determinations. During the 1980's,
the court was expanded to six judges (sitting in three-judge
panels), and its jurisdiction was extended to include oversight
of the subsequent reorganization of northeast rail service and
privatization of the Consolidated Rail Corporation (Conrail).
With the Special Court's unique mission essentially
completed, it is now appropriate to abolish that court and send
any remaining proceedings to a regular district court. This
section produces budgetary and administrative economies and,
according to the Judicial Conference, will result in an annual
cost savings of approximately $175,000. Elimination of a
special tribunal with narrow jurisdiction also accords with the
view, expressed in Recommendations 16 and 24 of the Judicial
Conference's Long Range Plan for the Federal Courts, that
federal litigation ordinarily should proceed in the regular
trial and appellate courts.
Sec. 706. Exception of residency requirement for district judges
appointed to the Southern District and Eastern District of New
York
This section amends 28 U.S.C. Sec. 134(b) to allow judges
from the Southern District of New York (which includes the
Burroughs of Manhattan and the Bronx and nine northern suburban
counties) to reside within 20 miles of the district to which
they were appointed.
Title 28 U.S.C. Sec. 134(b) requires district court judges
to reside in the district to which they were appointed. The
underlying policy for this statute is that judges should reside
in the community in which they administer the law. Because of
its unique geographic status, judges appointed to the District
of Columbia District are already exempt from this requirement.
As with judges, and for similar policy reasons, United
States Attorneys are required to reside in the district to
which they are appointed. However, there are three exceptions
to this requirement: the District of Columbia; the Eastern
District of New York; and the Southern District of New York. In
these three exceptions, the United States Attorneys may reside
within 20 miles of the district. This section applies the same
residency requirements presently in effect for United States
Attorneys in the Southern and Eastern Districts of New York to
federal district judges in those districts.
This exemption applies a common sense approach to the
residency requirement. New York is the only city in the United
States that is divided between two federal judicial districts.
Judges, while still being required to live in the community in
which they administer the law, would not be prohibited from
residing in a particular section of the city because of this
jurisdictional anomaly.
Sec. 707. Civil justice expense and delay reduction plans
In the Civil Justice Reform Act of 1990, Congress directed
that district courts ``shall consider and may include'' in
their civil justice expense and delay reduction plans ``(6)
authorization to refer appropriate cases to alternative dispute
resolution programs that (A) have been designated for use in a
district court; or (B) the court may make available, including
mediation, minitrial, and summary jury trial.'' (28 USC
Sec. 473(a)(6)) The omission of reference to arbitration
programs has left a void in the implementation of the Civil
Justice Reform Act and reduced its utility as a vehicle to
further the installation of ADR programs in the federal courts.
This section would add arbitration to (28 USC Sec. 473(a)
(6)) to make it clear that courts are free to adopt an
arbitration program if they think it is appropriate.
Section 707 also amends sections 104(d) and 105(c) of the
Civil Justice Reform Act (CJRA) of 1990 to extend to June 30,
1997, the date by which the Judicial Conference is required to
submit reports on the CJRA demonstration program and the CJRA
pilot program.
Section 105 of the CJRA requires the Judicial Conference to
transmit to Congress a final report containing recommendations
on the implementation of cost and delay reduction programs in
the federal district courts. These recommendations are to be
based on the results of the independent assessment of the CJRA
pilot and comparison courts presently being conducted by the
RAND Corporation.
Under the current statute, both the RAND report and the
Judicial Conference report are to be transmitted to Congress no
later than December 31, 1996. The RAND Corporation plans to
submit a draft of its report to the Judicial Conference
Committee on Court Administration and Case Management on June
30, 1996, and then the final report to the Judicial Conference
in September 1996. Under this schedule, the Judicial Conference
and its committees will have only three months thereafter to
analyze the RAND report, which is expected to be 400 to 600
pages in length, and develop appropriate recommendations for
its report to Congress.
Due to the importance of the CJRA for the entire judiciary
and the effort and funds already expended on the study,
sufficient time should be allotted to develop a thorough,
reasoned, and complete report to Congress. The Conference would
greatly benefit from receiving the views of individual judges,
Judicial Conference committees, and private sector groups,
including the organized bar, regarding the RAND report. It
would be very difficult to obtain and consider all these
disparate opinions under the current three-month timeline.
Therefore, this section extends by six months, to June 30,
1997, the date by which the Judicial Conference's CJRA report
is to be transmitted to Congress.
Section 104 of the CJRA imposes the additional requirement
that the Judicial Conference submit a separate report on the
district courts that participated in the Act's demonstration
program. For the sake of consistency, section 104 of the CJRA
is amended to state that this report is also due on June 30,
1997.
Sec. 708. Venue in the territorial courts
Section 708 would correct an anomaly in existing law
relating to the venue transfer provisions contained in 28
U.S.C. Sec. Sec. 1404 and 1406. Under current law, district
courts may transfer cases to other district courts where venue
is proper either if the transferee court is more convenient (28
U.S.C. Sec. 1404) or if venue is improper in the transferor
court (28 U.S.C. Sec. 1406). As currently written, these
transfer provisions specifically apply to the District Court
for the District of the Canal Zone (which no longer exists),
but not to the other territorial courts under the jurisdiction
of the United States. A recent unpublished decision of the
Third Circuit asked us to address this anomaly. Abdullah v. AMR
Corp., No. 95-7025 (3d Cir. May 15, 1995). Although the
territorial courts (i.e. the District Courts of the Virgin
Islands, Guam, and the Northern Mariana Islands) are not like
U.S. District Courts in all respects, they should have the
benefit of these transfer mechanisms whenever they are needed.
Enacting Sec. 708 will improve the administration of justice by
improving the courts' ability to send cases to the appropriate
district. Section 708 would make it clear that the territorial
courts may use the venue transfer provisions, and it would also
eliminate the anachronistic reference to the Canal Zone court.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
* * * * * * *
Sec. 3154. Functions and powers relating to pretrial services
* * * * * * *
Pretrial services functions shall include the following:
(1) * * *
* * * * * * *
(13) If approved by the court, be authorized to carry
firearms under such regulations as the Director of the
Administrative Office of the United States Courts may
prescribe.
[(13)] (14) Perform such other functions as specified
under this chapter.
* * * * * * *
CHAPTER 219--TRIAL BY UNITED STATES MAGISTRATES
* * * * * * *
Sec. 3401. Misdemeanors; application of probation laws
(a) * * *
(b) Any person charged with a misdemeanor, other than a petty
offense that is a class B misdemeanor charging a motor vehicle
offense, a class C misdemeanor, or an infraction, may elect,
however, to be tried before a [judge of the district court]
district judge for the district in which the offense was
committed. The magistrate judge shall carefully explain to the
defendant that he has a right to trial, judgment, and
sentencing by a [judge of the district court] district judge
and that he may have a right to trial by jury before a district
judge or magistrate judge. [The magistrate shall not proceed to
try the case unless the defendant, after such explanation,
files a written consent to be tried before the magistrate that
specifically waives trial, judgment, and sentencing by a judge
of the district court.] 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.
* * * * * * *
(g) [The magistrate may, in a Class B or C misdemeanor case,
or infraction case, involving a juvenile in which consent to
trial before a magistrate has been filed under subsection (b)
of this section, exercise all powers granted to the district
court under chapter 403 of this title.] 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. For purposes of this subsection, proceedings under
chapter 403 of this title may be instituted against a juvenile
by a violation notice or complaint, except that no such case
may proceed unless the certification referred to in section
5032 of this title has been filed in open court at the
arraignment. No term of imprisonment shall be imposed by the
magistrate in any such case.
* * * * * * *
CHAPTER 229--POSTSENTENCE ADMINISTRATION
* * * * * * *
Sec. 3603. Duties of probation officers
A probation officer shall--
(1) * * *
* * * * * * *
(8)(A) * * *
(B) immediately report any violation of the
conditions of release to the court and the Attorney
General or his designee; [and]
(9) if approved by the court, be authorized to carry
firearms under such regulations as the Director of the
Administrative Office of the United States Courts may
prescribe; and
[(9)] (10) perform any other duty that the court may
designate.
* * * * * * *
----------
TITLE 28, UNITED STATES CODE
PART I--ORGANIZATION OF COURTS
* * * * * * *
CHAPTER 5--DISTRICT COURTS
* * * * * * *
Sec. 83. Arkansas
Arkansas is divided into two judicial districts to be known
as the Eastern and Western Districts of Arkansas.
Eastern District
(a) * * *
* * * * * * *
Western District
(b) The Western District comprises six divisions.
(1) The Texarkana Division comprises the counties of Hempstead,
Howard, Lafayette, Little River, Miller, Nevada, and
Sevier.
Court for the Texarkana Division shall be held at Texarkana,
and may be held anywhere within the Federal courthouse in
Texarkana that is located astride the State line between
Texas and Arkansas.
* * * * * * *
Sec. 112. New York
New York is divided into four judicial districts to be known
as the Northern, Southern, Eastern, and Western Districts of
New York.
* * * * * * *
Northern District
(a) * * *
Southern District
(b) The Southern District comprises the counties of Bronx,
Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and
Westchester and concurrently with the Eastern District, the
waters within the Eastern District.
[Court for the Southern District shall be held at New York and
White Plains.]
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. 124. Texas
Texas is divided into four judicial districts to be known as
the Northern, Southern, Eastern, and Western Districts of
Texas.
(a) * * *
* * * * * * *
Eastern District
(c) The Eastern District comprises seven divisions.
(1) * * *
* * * * * * *
(3) The Sherman Division comprises the counties of Collin,
Cook, Denton, and Grayson.
Court for the Sherman Division shall be held at Sherman and
Plano.
* * * * * * *
(6) The Texarkana Division comprises the counties of Bowie,
Franklin, and Titus.
Court for the Texarkana Division shall be held at Texarkana,
and may be held anywhere within the Federal courthouse in
Texarkana that is located astride the State line between
Texas and Arkansas.
* * * * * * *
Sec. 134. Tenure and residence of district judges
(a) The district judges shall hold office during good
behavior.
(b) Each district judge, except in the District of Columbia,
the Southern District of New York, and the Eastern District of
New York, shall reside in the district or one of the districts
for which he or she is appointed. Each district judge of the
Southern District of New York and the Eastern District of New
York may reside within 20 miles of the district for which he or
she is appointed.
* * * * * * *
CHAPTER 11--COURT OF INTERNATIONAL LAW
Sec.
251. Appointment and number of judges; offices.
* * * * * * *
[253. Duties of chief judge; precedence of judges.]
253. Duties of chief judge.
* * * * * * *
258. Chief judges; precedence of judges.
* * * * * * *
Sec. 251. Appointment and number of judges; offices
(a) * * *
[(b) The President shall designate one of the judges of the
Court of International Trade who is less than seventy years of
age to serve as chief judge. The chief judge shall continue to
serve as chief judge until he reaches the age of seventy years
and another judge is designated as chief judge by the
President. After the designation of another judge to serve as
chief judge, the former chief judge may continue to serve as a
judge of the court.]
[(b)] (c) The offices of the Court of International Trade
shall be located in New York, New York.
* * * * * * *
[Sec. 253. Duties of chief judge; precedence of judges]
Sec. 253. Duties of chief judge
(a) * * *
* * * * * * *
[(d) Whenever the chief judge is unable to perform the duties
of his office or the office is vacant, his powers and duties
shall devolve upon the judge next in precedence who is able to
act, until such disability is removed or another chief judge is
appointed and duly qualified.
[(e) The chief judge shall have precedence and shall preside
at any session which he attends. Other judges shall have
precedence and shall preside according to the seniority of
their commissions. Judges whose commissions bear the same date
shall have precedence according to seniority in age.]
* * * * * * *
Sec. 258. Chief judges; precedence of judges
(a)(1) The chief judge of the Court of International Trade
shall be the judge of the court in regular active service who
is senior in commission of those judges who--
(A) are 64 years of age or under;
(B) have served for 1 year or more as a judge of the
court; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no judge of the court meets the
qualifications under paragraph (1), the youngest judge in
regular active service who is 65 years of age or over and who
has served as a judge of the court for 1 year or more shall act
as the chief judge.
(B) In any case under subparagraph (A) in which there is no
judge of the court in regular active service who has served as
a judge of the court for 1 year or more, the judge of the court
in regular active service who is senior in commission and who
has not served previously as chief judge shall act as the chief
judge.
(3)(A) Except as provided under subparagraph (C), the chief
judge serving under paragraph (1) shall serve for a term of 7
years and shall serve after expiration of such term until
another judge is eligible under paragraph (1) to serve as chief
judge.
(B) Except as provided under subparagraph (C), a judge of the
court acting as chief judge under subparagraph (A) or (B) of
paragraph (2) shall serve until a judge meets the
qualifications under paragraph (1).
(C) No judge of the court may serve or act as chief judge of
the court after attaining the age of 70 years unless no other
judge is qualified to serve as chief judge under paragraph (1)
or is qualified to act as chief judge under paragraph (2).
(b) The chief judge shall have precedence and preside at any
session of the court which such judge attends. Other judges of
the court shall have precedence and preside according to the
seniority of their commissions. Judges whose commissions bear
the same date shall have precedence according to seniority in
age.
(c) If the chief judge desires to be relieved of the duties
as chief judge while retaining active status as a judge of the
court, the chief judge may so certify to the Chief Justice of
the United States, and thereafter the chief judge of the court
shall be such other judge of the court who is qualified to
serve or act as chief judge under subsection (a).
(d) If a chief judge is temporarily unable to perform the
duties as chief judge, such duties shall be performed by the
judge of the court in active service, able and qualified to
act, who is next in precedence.
* * * * * * *
CHAPTER 15--CONFERENCES AND COUNCILS OF JUDGES
* * * * * * *
Sec. 331. Judicial Conference of the United States
* * * * * * *
[The district judge to be summoned from each judicial circuit
shall be chosen by the circuit and district judges of the
circuit at the annual judicial conference of the circuit held
pursuant to section 333 of this title and shall serve as a
member of the conference for three successive years, except
that in the year following the enactment of this amended
section the judges in the first, fourth, seventh, and tenth
circuits shall choose a district judge to serve for one year,
the judges in the second, fifth, and eighth circuits shall
choose a district judge to serve for two years and the judges
in the third, sixth, ninth, and District of Columbia circuits
shall choose a district judge to serve for three years.]
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.
* * * * * * *
Sec. 332. Judicial councils of circuits
(a) * * *
* * * * * * *
(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.
CHAPTER 17--RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES
* * * * * * *
Sec. 372. Retirement for disability; substitute judge on failure to
retire; judicial discipline
(a) * * *
* * * * * * *
(c)(1)(A) Any person alleging that a circuit, district, or
bankruptcy judge, or a magistrate, has engaged in conduct
prejudicial to the effective and expeditious administration of
the business of the courts, or alleging that such a judge or
magistrate is unable to discharge all the duties of office by
reason of mental or physical disability, may file with the
clerk of the court of appeals for the circuit a written
complaint containing a brief statement of the facts
constituting such conduct. In the interests of the effective
and expeditious administration of the business of the courts
and on the basis of information available to the chief judge of
the circuit, the chief judge may, by written order stating
reasons therefor, identify a complaint for purposes of this
subsection and thereby dispense with filing of a written
complaint. In the case of a complaint so identified, the chief
judge shall notify the clerk of the court of appeals of the
complaint, together with a brief statement of the facts
underlying the complaint.
(B) Complaints filed under subparagraph (A) in one judicial
circuit shall be referred to another judicial circuit for
proceedings under this subsection, in accordance with a system
established by rule by the Judicial Conference, which
prescribes the circuits to which the complaints will be
referred. The Judicial Conference shall establish and submit to
the Congress the system described in the preceding sentence not
later than 180 days after the date of the enactment of this
subparagraph.
(2) [Upon receipt of a complaint filed under paragraph (1) of
this subsection, the clerk shall promptly transmit such
complaint to the chief judge of the circuit, or, if the conduct
complained of is that of the chief judge, to that circuit judge
in regular active service next senior in date of commission
(hereafter, for purposes of this subsection only, included in
the term ``chief judge'').] Upon receipt of a complaint filed
or notice of a complaint identified under paragraph (1) of this
subsection, the clerk shall promptly transmit such complaint or
(in the case of a complaint identified under paragraph (1)) the
statement of facts underlying the complaint to the chief judge
of the circuit assigned to conduct proceedings on the complaint
in accordance with the system established under paragraph
(1)(B) (hereafter in this subsection referred to as the ``chief
judge''). The clerk shall simultaneously transmit a copy of the
complaint or statement of facts underlying the complaint (as
the case may be) to the judge or magistrate whose conduct is
the subject of the complaint .
* * * * * * *
(4) If the chief judge does not enter an order under
paragraph (3) of this subsection, such judge shall promptly--
(A) appoint himself and equal numbers of circuit and
district judges of the circuit (to which the complaint
or statement of facts underlying the complaint is
referred) to a special committee to investigate the
facts and allegations contained in the complaint;
* * * * * * *
(5) Each committee appointed under paragraph (4) of this
subsection shall conduct an investigation as extensive as it
considers necessary, and shall expeditiously file a
comprehensive written report thereon with the judicial council
of the circuit to which the complaint or statement of facts
underlying the complaint is referred. Such report shall present
both the findings of the investigation and the committee's
recommendations for necessary and appropriate action by the
judicial council of [the] that circuit.
* * * * * * *
(15) Each written order to implement any action under
paragraph (6)(B) of this subsection, which is issued by a
judicial council, the Judicial Conference, or the standing
committee established under section 331 of this title, shall be
made available to the public through the appropriate clerk's
office of the court of appeals for the circuit in which the
complaint was filed or identified under paragraph (1). Unless
contrary to the interests of justice, each such order issued
under this paragraph shall be accompanied by written reasons
therefor.
* * * * * * *
[(18) The United States Court of Federal Claims, the Court of
International Trade, and the Court of Appeals for the Federal
Circuit shall each prescribe rules, consistent with the
foregoing provisions of this subsection, establishing
procedures for the filing of complaints with respect to the
conduct of any judge of such court and for the investigation
and resolution of such complaints. In investigating and taking
action with respect to any such complaint, each such court
shall have the powers granted to a judicial council under this
subsection.]
(18) The Judicial Conference shall prescribe rules,
consistent with the preceding provisions of this subsection--
(A) establishing procedures for the filing of
complaints with respect to the conduct of any judge of
the United States Court of Federal Claims, the Court of
International Trade, or the Court of Appeals for the
Federal Circuit, and for the investigation and
resolution of such complaints; and
(B) establishing a system for referring complaints
filed with respect to the conduct of a judge of any
such court to any of the first eleven judicial circuits
or to another court for investigation and resolution.
The Judicial Conference shall establish and submit to the
Congress the system described in subparagraph (B) not later
than 180 days after the date of the enactment of the Federal
Courts Improvement Act of 1996.
* * * * * * *
Sec. 376. Annuities for survivors of certain judicial officials of the
United States
(a) * * *
* * * * * * *
(o)(1) In any case in which a judicial official dies while in
office, [or while receiving ``retirement salary'',] while
receiving retirement salary, or after filing an election and
otherwise complying with the conditions under subsection (b)(2)
of this section, and;
(A) * * *
* * * * * * *
CHAPTER 23--CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS
* * * * * * *
Sec. 473. Content of civil justice expense and delay reduction plans
(a) In formulating the provisions of its civil justice
expense and delay reduction plan, each United States district
court, in consultation with an advisory group appointed under
section 478 of this title, shall consider and may include the
following principles and guidelines of litigation management
and cost and delay reduction:
(1) * * *
* * * * * * *
(6) authorization to refer appropriate cases to
alternative dispute resolution programs that--
(A) have been designated for use in a
district court; or
(B) the court may make available, including
arbitration, mediation, minitrial, and summary
jury trial.
* * * * * * *
PART III--COURT OFFICERS AND EMPLOYEES
* * * * * * *
CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
* * * * * * *
Sec. 601. Creation; Director and Deputy Director
The Administrative Office of the United States Courts shall
be maintained at the seat of government. It shall be supervised
by a Director and a Deputy Director appointed and subject to
removal by the Chief Justice of the United States, after
consulting with the Judicial Conference. The Director and
Deputy Director shall be deemed to be officers for purposes of
title 5, United States Code.
* * * * * * *
CHAPTER 42--FEDERAL JUDICIAL CENTER
* * * * * * *
Sec. 621. Board; composition, tenure of members, compensation
(a) The activities of the Center shall be supervised by a
Board to be composed of--
(1) the Chief Justice of the United States, who shall
be the permanent Chairman of the Board;
[(2) two active judges of the courts of appeals of
the United States, three active judges of the district
courts of the United States, one active judge of the
bankruptcy courts of the United States elected by vote
of the members of the Judicial Conference of the United
States: Provided, however, That the judges so elected
shall not be members of the Judicial Conference of the
United States; and]
(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
(3) the Director of the Administrative Office of the
United States Courts, who shall be a permanent member
of the Board.
(b) The term of office of each elected member of the Board
shall be four years. A member elected to serve for an unexpired
term arising by virtue of the death, disability, [retirement,]
retirement pursuant to section 371(a) or section 372(a) of this
title, or resignation of a member shall be elected only for
such unexpired term.
* * * * * * *
Sec. 627. Retirement; employee benefits
(a) A Director of the Federal Judicial Center who attains the
age of seventy years shall be retired from that office.
(b) The Director, Deputy Director, the professional staff,
and the clerical and secretarial employees of the Federal
Judicial Center shall be deemed to be officers and employees of
the judicial branch of the United States Government within the
meaning of subchapter III of chapter 83 (relating to civil
service retirement), chapter 84 (relating to the Federal
Employees' Retirement System), chapter 87 (relating to Federal
employees' life insurance program), and chapter 89 (relating to
Federal employees' health benefits program) of title 5, United
States Code: Provided, however, That the Director, upon written
notice filed with the Director of the Administrative Office of
the United States Courts within 6 months after the date on
which he takes office, may waive coverage under chapter 83 of
title 5, subchapter III (the Civil Service Retirement System)
or chapter 84 of title 5 (the Federal Employees' Retirement
System), whichever is applicable, and elect coverage under the
retirement and disability provisions of this section. A
Director who elects coverage under this section shall be deemed
an ``employee'' for purposes of chapter 84 of title 5,
subchapter III, regardless of whether he has waived the
coverage of chapter 83, subchapter III, or chapter 84: And
provided further, That upon his nonretirement separation from
the Federal Judicial Center, waiver of coverage under chapter
83, subchapter III, and election of this section shall not
operate to foreclose to the Director such opportunity as the
law may provide to secure retirement credit under chapter 83
for service as Director by depositing with interest the amount
required by section 8334 of title 5. A Director who waives
coverage under chapter 84 and elects this section may secure
retirement credit under chapter 84 for service as Director by
depositing with interest 1.3 percent of basic pay for service
from January 1, 1984, through December 31, 1986, and the amount
referred to in section 8422(a) of title 5, for service after
December 31, 1986. Interest shall be computed under section
8334(e) of title 5.
* * * * * * *
CHAPTER 43--UNITED STATES MAGISTRATES
* * * * * * *
Sec. 636. Jurisdiction, powers, and temporary assignment
(a) Each United States magistrate serving under this chapter
shall have within the territorial jurisdiction prescribed by
his appointment--
(1) * * *
* * * * * * *
(3) the power to conduct trials under section 3401,
title 18, United States Code, in conformity with and
subject to the limitations of that section[, and];
[(4) the power to enter a sentence for a misdemeanor
or infraction with the consent of the parties.]
(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.
* * * * * * *
(c) Notwithstanding any provision of law to the contrary--
(1) * * *
* * * * * * *
(3) Upon entry of judgment in any case referred under
paragraph (1) of this subsection, an aggrieved party
may appeal directly to the appropriate United States
court of appeals from the judgment of the magistrate in
the same manner as an appeal from any other judgment of
a district court. [In this circumstance, the] The
consent of the parties allows a magistrate designated
to exercise civil jurisdiction under paragraph (1) of
this subsection to direct the entry of a judgment of
the district court in accordance with the Federal Rules
of Civil Procedure. Nothing in this paragraph shall be
construed as a limitation of any party's right to seek
review by the Supreme Court of the United States.
[(4) Notwithstanding the provisions of paragraph (3)
of this subsection, at the time of reference to a
magistrate, the parties may further consent to appeal
on the record to a judge of the district court in the
same manner as on an appeal from a judgment of the
district court to a court of appeals. Wherever possible
the local rules of the district court and the rules
promulgated by the conference shall endeavor to make
such appeal inexpensive. The district court may affirm,
reverse, modify, or remand the magistrate's judgment.
[(5) Cases in the district courts under paragraph (4)
of this subsection may be reviewed by the appropriate
United States court of appeals upon petition for leave
to appeal by a party stating specific objections to the
judgment. Nothing in this paragraph shall be construed
to be a limitation on any party's right to seek review
by the Supreme Court of the United States.]
[(6)] (4) The court may, for good cause shown on its
own motion, or under extraordinary circumstances shown
by any party, vacate a reference of a civil matter to a
magistrate under this subsection.
[(7)] (5) The magistrate shall, subject to guidelines
of the Judicial Conference, determine whether the
record taken pursuant to this section shall be taken by
electronic sound recording, by a court reporter, or by
other means.
(d) The practice and procedure for the trial of cases
before officers serving under this chapter[, and for
the taking and hearing of appeals to the district
courts,] shall conform to rules promulgated by the
Supreme Court pursuant to section 2072 of this title.
* * * * * * *
(f) In an emergency and upon the concurrence of the
chief judges of the districts involved, a United States
magistrate may be temporarily assigned to perform any
of the duties specified in subsection [(a) or (b)] (a),
(b), or (c) of this section in a judicial district
other than the judicial district for which he has been
appointed. No magistrate shall perform any of such
duties in a district to which he has been temporarily
assigned until an order has been issued by the chief
judge of such district specifying (1) the emergency by
reason of which he has been transferred, (2) the
duration of his assignment, and (3) the duties which he
is authorized to perform. A magistrate so assigned
shall not be entitled to additional compensation but
shall be reimbursed for actual and necessary expenses
incurred in the performance of his duties in accordance
with section 635.
* * * * * * *
CHAPTER 49--DISTRICT COURTS
* * * * * * *
Sec. 753. Reports
(a) * * *
* * * * * * *
(e) Each reporter shall receive an annual salary to be fixed
from time to time by the Judicial Conference of the United
States. All supplies shall be furnished by the reporter at his
own expense. 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.
* * * * * * *
CHAPTER 57--GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND
EMPLOYEES
Sec.
951. Oath of office of clerks and deputies.
* * * * * * *
[954. Death of clerk; duties of deputies.]
954. Vacancy in clerk position; absence of clerk.
* * * * * * *
[Sec. 954. Death of clerk; duties of deputies
[Upon the death of any clerk of court, his deputy or deputies
shall execute the duties of the deceased clerk in his name
until his successor is appointed and qualifies.
[The compensation of a deceased clerk of the Supreme Court
may be paid to his personal representatives until his successor
is appointed and qualifies.]
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.
* * * * * * *
PART IV--JURISDICTION AND VENUE
* * * * * * *
CHAPTER 87--DISTRICT COURTS; VENUE
* * * * * * *
Sec. 1404. Change of venue
(a) * * *
* * * * * * *
[(d) As used in this section, ``district court'' includes the
United States District Court for the District of the Canal
Zone; and ``district'' includes the territorial jurisdiction of
that court.]
(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.
* * * * * * *
Sec. 1406. Cure or waiver of defects
(a) * * *
* * * * * * *
[(c) As used in this section, ``district court'' includes the
United States District Court for the District of the Canal
Zone, and ``district'' includes the territorial jurisdiction of
that court.]
(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.
* * * * * * *
CHAPTER 89--DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
Sec.
1441. Actions removable generally.
[1442. Federal officers sued or prosecuted.]
1442. Federal officers or agencies sued or prosecuted.
* * * * * * *
Sec. 1442. Federal officers or agencies sued or prosecuted
(a) A civil action or criminal prosecution commenced in a
State court against any of the following [persons] may be
removed by them to the district court of the United States for
the district and division embracing the place wherein it is
pending:
(1) [Any officer of the United States or any agency
thereof, or person acting under him, for any act under
color of such office] 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 or on account of any right,
title or authority claimed under any Act of Congress
for the apprehension or punishment of criminals or the
collection of the revenue.
* * * * * * *
Sec. 1446. Procedure for removal
(a) * * *
* * * * * * *
(c)(1) A notice of removal of a criminal prosecution shall be
filed not later than thirty days after the arraignment in the
State court, or at any time before trial, whichever is earlier,
except that for good cause shown the United States district
court may enter an order granting the [petitioner] defendant or
defendants leave to file the notice at a later time.
* * * * * * *
PART V--PROCEDURE
* * * * * * *
CHAPTER 119--EVIDENCE; WITNESSES
* * * * * * *
Sec. 1827. Interpreters in courts of the United States
(a) * * *
* * * * * * *
(g)(1) There are authorized to be appropriated to the Federal
judiciary, and to be paid by the Director of the Administrative
Office of the United States Courts, such sums as may be
necessary to establish a program to facilitate the use of
certified and otherwise qualified interpreters, and otherwise
fulfill the provisions of this section and the Judicial
Improvements and Access to Justice Act, except as provided in
paragraph (3).
* * * * * * *
(5) If the Director of the Administrative Office of the
United States Courts finds it necessary to develop and
administer criterion-referenced performance examinations for
purposes of certification of interpreters, or other
examinations for the selection of otherwise qualified
interpreters, the Director may prescribe for each examination a
uniform fee for applicants to take such examination. In
determining the rate of the fee for each examination, the
Director shall consider the fees charged by other organizations
for examinations that are similar in scope or nature.
Notwithstanding section 3302(b) of title 31, the Director is
authorized to provide in any contract or agreement for the
development or administration of examinations and the
collection of fees that the contractor may retain all or a
portion of the fees in payment for the services.
Notwithstanding paragraph (6) of this subsection, all fees
collected after the effective date of this paragraph and not
retained by a contractor shall be deposited in the fund
established under section 1931 of this title and shall remain
available until expended.
[(5)] (6) Any moneys collected under this subsection may be
used to reimburse the appropriations obligated and disbursed in
payment for such services.
* * * * * * *
(l) Notwithstanding any other provision of this section or
section 1828, the presiding judicial officer may appoint a
certified or otherwise qualified sign language interpreter to
provide services to a party, witness, or other participant in a
judicial proceeding, whether or not the proceeding is
instituted by the United States, if the presiding judicial
officer determines, on such officer's own motion or on the
motion of a party or other participant in the proceeding, that
such individual suffers from a hearing impairment. The
presiding judicial officer shall, subject to the availability
of appropriated funds, approve the compensation and expenses
payable to sign language interpreters appointed under this
subsection in accordance with the schedule of fees prescribed
by the Director under subsection (b)(3) of this section.
* * * * * * *
CHAPTER 123--FEES AND COSTS
Sec.
1911. Supreme Court.
* * * * * * *
1933. Judicial Panel on Multidistrict Litigation.
* * * * * * *
Sec. 1914. District court; filing and miscellaneous fees; rules of
court
(a) The clerk of each district court shall require the
parties instituting any civil action, suit or proceeding in
such court, whether by original process, removal or otherwise,
to pay a filing fee of [$120] $150, except that on application
for a writ of habeas corpus the filing fee shall be $5.
* * * * * * *
Sec. 1931. Disposition of filing fees
(a) Of the amounts paid to the clerk of court as a fee under
section 1914(a) or as part of a judgment for costs under
section 2412(a)(2) of this title, [$60] $90 shall be deposited
into a special fund of the Treasury to be available to offset
funds appropriated for the operation and maintenance of the
courts of the United States.
(b) If the court authorizes a fee under section 1914(a) or an
amount included in a judgment for costs under section
2412(a)(2) of this title of less than [$120] $150, the entire
fee or amount, up to [$60] $90, shall be deposited into the
special fund provided in this section.
* * * * * * *
Sec. 1933. Judicial Panel on Multidistrict Litigation
The Judicial Conference of the United States shall prescribe
from time to time the fees and costs to be charged and
collected by the Judicial Panel on Multidistrict Litigation.
* * * * * * *
CHAPTER 125--PENDING ACTIONS AND JUDGMENTS
Sec.
1961. Interest.
* * * * * * *
[1963. Registration of judgments of the district courts and the Court of
International Trade.]
1963. Registration of judgments for enforcement in other districts.
* * * * * * *
[Sec. 1963. Registration of judgments of the district courts and the
Court of International Trade]
Sec. 1963. Registration of judgments for enforcement in other districts
A judgment in an action for the recovery of money or property
entered in any [district court] court of appeals, district
court, or bankruptcy court or in the Court of International
Trade may be registered by filing a certified copy of [such
judgment in any other district or, with respect to the Court of
International Trade,] the judgment in any judicial district,
when the judgment has become final by appeal or expiration of
the time for appeal or when ordered by the court that entered
the judgment for good cause shown. Such a judgment entered in
favor of the United States may be so registered any time after
judgment is entered. A judgment so registered shall have the
same effect as a judgment of the district court of the district
where registered and may be enforced in like manner.
A certified copy of the satisfaction of any judgment in whole
or in part may be registered in like manner in any district in
which the judgment is a lien.
The procedure prescribed under this section is in addition to
other procedures provided by law for the enforcement of
judgments.
* * * * * * *
----------
SECTION 120 OF THE BANKRUPTCY AMENDMENTS AND FEDERAL JUDGESHIP ACT OF
1984
* * * * * * *
Sec. 120. (a)(1) * * *
* * * * * * *
(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.
(b) The judicial council of the circuit involved shall assist
the court of appeals by evaluating potential nominees and by
recommending to such court for consideration for appointment to
each vacancy on the bankruptcy court persons who are qualified
to be bankruptcy judges under regulations prescribed by the
Judicial Conference of the United States. In the case of the
first vacancy which arises after the date of the enactment of
this Act in the office of each bankruptcy judge, such potential
nominees shall include the bankruptcy judge who holds such
office immediately before such vacancy arises, if such
bankruptcy judge requests to be considered for such appointment
and the judicial council determines that such judge is
qualified under subsection (c) of this section to continue to
serve. Such potential nominees shall receive consideration
equal to that given all other potential nominees for such
position. 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).
* * * * * * *
----------
SECTION 203 OF THE JUDICIAL IMPROVEMENTS ACT OF 1990
* * * * * * *
SEC. 203. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) * * *
* * * * * * *
(c) Temporary Judgeships.--The President shall appoint, by
and with the advice and consent of the Senate--
(1) * * *
* * * * * * *
The first vacancy in the office of district judge in each of
the judicial districts named in this subsection, occurring 5
years or more after the effective date of this title, shall not
be filled. 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.
* * * * * * *
----------
SECTION 3 OF THE BANKRUPTCY JUDGESHIP ACT OF 1992
SEC. 3. TEMPORARY JUDGESHIPS.
(a) * * *
* * * * * * *
(b) Vacancies.--The first vacancy in the office of bankruptcy
judge in each of the judicial districts set forth in subsection
(a), resulting from the death, retirement, resignation, or
removal of a bankruptcy judge, and occurring 5 years or more
after the [date of the enactment of this Act] appointment date
of the judge named to fill the temporary judgeship position,
shall not be filled. In the case of a vacancy resulting from
the expiration of the term of a bankruptcy judge not described
in the preceding sentence, that judge shall be eligible for
reappointment as a bankruptcy judge in that district.
* * * * * * *
----------
SECTION 303 OF THE JUDICIARY APPROPRIATIONS ACT, 1992
Sec. 303. (a) The Judicial Conference shall hereafter
prescribe reasonable fees, pursuant to sections 1913, 1914,
[1926, and 1930] 1926, 1930, and 1932 of title 28, United
States Code, for collection by the courts under those sections
for access to information available through automatic data
processing equipment. These fees may distinguish between
classes of persons, and shall provide for exempting persons or
classes of persons from the fees, in order to avoid
unreasonable burdens and to promote public access to such
information. The Director of the Administrative Office of the
United States Courts, under the direction of the Judicial
Conference of the United States, shall prescribe a schedule of
reasonable fees for electronic access to information which the
Director is required to maintain and make available to the
public.
* * * * * * *
----------
REGIONAL RAIL REORGANIZATION ACT OF 1973
* * * * * * *
TITLE II--UNITED STATES RAILWAY ASSOCIATION
* * * * * * *
judicial review
Sec. 209. (a) * * *
(b) Special Court.--(1) Within 30 days after the date of
enactment of this Act, the Association shall make application
to the judicial panel on multi-district litigation authorized
by section 1407 of title 28, United States Code, for the
consolidation in a single, three-judge district court of the
United States of all judicial proceedings with respect to the
final system plan. Within 30 days after such application is
received, the panel shall make the consolidation in a district
court (cited herein as the ``special court'') which the panel
determines to be convenient to the parties and the one most
likely to be able to conduct any proceedings under this section
with the least delay and the greatest possible fairness and
ability. Such proceedings shall be conducted by the special
court which shall be composed of three Federal judges who shall
be selected by the panel, except that none of the judges
selected may be a judge assigned to a proceeding involving any
railroad in reorganization in the region under section 77 of
the Bankruptcy Act (11 U.S.C. 205). The special court is
authorized to exercise the powers of a district judge in any
judicial district with respect to such proceedings and such
powers shall include those of a reorganization court. The
special court shall have the power to order the conveyance of
rail properties of railroads leased, operated, or controlled by
a railroad in reorganization in the region. The special court
may issue rules for the conduct of any proceedings under this
section and under section 305 of this Act, including rules with
respect to the time within which motions may be filed, and with
respect to appropriate representation of interests not
otherwise represented (including the Secretary with respect to
a petition by the Association in the case of a proposal
developed by the Secretary, under such section 305). No
determination by the panel under this subsection may be
reviewed in any court.
(2) The special court referred to in paragraph (1) of this
subsection is abolished effective 90 days after the date of the
enactment of the Federal Courts Improvement Act of 1996. On
such effective date, all jurisdiction and other functions of
the special court shall be assumed by the United States
District Court for the District of Columbia. With respect to
any proceedings that arise or continue after the date on which
the special court is abolished, the references in the following
provisions to the special court established under this
subsection shall be deemed to refer to the United States
District Court for the District of Columbia:
(A) Subsections (c), (e)(1), (e)(2), (f) and (g) of
this section.
(B) Sections 202 (d)(3), (g), 207 (a)(1), (b)(1),
(b)(2), 208(d)(2), 301 (e)(2), (g), (k)(3), (k)(15),
303 (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2),
(c)(3), (c)(4), (c)(5), 304 (a)(1)(B), (i)(3), 305 (c),
(d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e),
(f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 306
(a), (b), (c)(4), and 601 (b)(3), (c) of this Act
(45U.S.C. 712 (d)(3), (g), 717 (a)(1), (b)(1), (b)(2),
718(d)(2), 741 (e)(2), (g), (k)(3), (k)(15), 743
(a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2),
(c)(3), (c)(4), (c)(5), 744 (a)(1)(B), (i)(3), 745 (c),
(d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e),
(f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 746
(a), (b), (c)(4), 791 (b)(3), (c)).
(C) Sections 1152(a) and 1167(b) of the Northeast
Rail Service Act of 1981 (45 U.S.C. 1105(a), 1115(a)).
(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C),
(3)(C), (3)(E), (4)(A) and 4025(b) of the Conrail
Privatization Act (45 U.S.C. 1323 (2)(A)(iii), (2)(B),
(2)(C), (3)(C), (3)(E), (4)(A), 1324(b)).
(E) Section 24907(b) of title 49, United States Code.
(F) Any other Federal law (other than this subsection
and section 605 of the Federal Courts Improvement Act
of 1996), Executive order, rule, regulation, delegation
of authority, or document of or relating to the special
court as established under paragraph (1) of this
subsection.
* * * * * * *
(e) Original and Exclusive Jurisdiction.--(1) * * *
* * * * * * *
[(3) A final order or judgment of the special court in any
action referred to in this section shall be reviewable only
upon petition for a writ of certiorari to the Supreme Court of
the United States. Such review is exclusive and any such
petition shall be filed in the Supreme Court not more than 20
days after entry of such order or judgment.]
(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.
* * * * * * *
(g) Stay of Court Proceedings.--The special court may stay or
enjoin any action or proceeding in any State court or in any
court of the United States other than the Supreme Court or the
Court of Appeals for the District of Columbia Circuit if such
action or proceeding is contrary to any provision of this Act,
impairs the effective implementation of this Act, or interferes
with the execution of any order of the special court pursuant
to this Act.
[(h) Special Masters.--(1) The special court may appoint and
fix the compensation and assign the duties of such special
masters as it considers necessary or appropriate to conduct
hearings, receive evidence and report thereon to the special
court, and perform such other acts as the special court may
require. The special court may employ such special masters by
contract or otherwise, without regard to section 3709 of the
Revised Statutes of the United States (41 U.S.C. 5) or part III
of title 5 of the United States Code, on such terms and
conditions as it may determine. Such special masters shall not
be deemed to be employees of the Federal Government or any
department, agency, or instrumentality thereof. The special
court may also appoint employees in such number as may be
approved by the Director of the Administrative Office of the
United States Courts, and may procure such administrative
services as may be necessary for it or the special masters to
complete their assignments expeditiously.
(2) There are authorized to be appropriated such sums as are
necessary to carry out the purposes of this subsection. Sums
appropriated under this subsection are authorized to remain
available until expended.]
* * * * * * *
TITLE III--CONSOLIDATED RAIL CORPORATION
* * * * * * *
valuation and conveyance of rail properties
Sec. 303. (a) * * *
* * * * * * *
[(d) Review.--A finding or determination entered by the
special court pursuant to subsection (c) of this section or
section 306 of this title shall be reviewable only upon
petition for a writ of certiorari to the Supreme Court of the
United States. Such review is exclusive and any such petition
shall be filed in the Supreme Court not more than 20 days after
entry of such finding or determination.]
(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.
* * * * * * *
continuing reorganization; supplemental transactions
Sec. 305. (a) * * *
* * * * * * *
(d) Special Court Proceedings.--(1) * * *
* * * * * * *
(4) In proceedings under this subsection, the special court
is authorized to exercise the powers of [a judge of a United
States district court with respect to such proceedings and such
powers shall include those of] a reorganization court.
* * * * * * *
----------
NORTHEAST RAIL SERVICE ACT OF 1981
* * * * * * *
PART 1--GENERAL PROVISIONS
* * * * * * *
definitions
Sec. 1135. (a) As used in this subtitle, unless the context
otherwise requires, the term:
(1) * * *
* * * * * * *
[(8) Special court'' means the judicial panel
established under section 209 of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 719).]
(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.
* * * * * * *
PART 6--MISCELLANEOUS PROVISIONS
judicial review
Sec. 1152. (a) * * *
[(b) A judgment of the special court in any action referred
to in this section shall be reviewable only upon petition for a
writ of certiorari to the Supreme Court of the United States.
Such review is exclusive and any such petition shall be filed
in the Supreme Court not more than 20 days after such entry of
such order or judgment.]
(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.
* * * * * * *
[(d) If the volume of civil actions under subsection (a) of
this section so requires, the United States Railway Association
shall apply to the judicial panel on multi-district litigation
authorized by section 1407 of title 28, United States Code, for
the assignment of additional judges to the special court.
Within 30 days after the date of such application, the panel
shall assign to the special court such additional judges as may
be necessary to exercise the jurisdiction described in
subsection (a) of this section.]
* * * * * * *
----------
CIVIL JUSTICE REFORM ACT OF 1990
* * * * * * *
TITLE I--CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS
* * * * * * *
SEC. 104. DEMONSTRATION PROGRAM.
(a) * * *
* * * * * * *
(d) Report.--Not later than [December 31, 1996,] June 30,
1997, the Judicial Conference of the United States shall
transmit to the Committees on the Judiciary of the Senate and
the House of Representatives a report of the results of the
demonstration program.
SEC. 105. PILOT PROGRAM.
(a) * * *
* * * * * * *
(c) Program Study Report.--(1) Not later than [December 31,
1996,] June 30, 1997, the Judicial Conference shall submit to
the Committees on the Judiciary of the Senate and House of
Representatives a report on the results of the pilot program
under this section that includes an assessment of the extent to
which costs and delays were reduced as a result of the program.
The report shall compare those results to the impact on costs
and delays in ten comparable judicial districts for which the
application of section 473(a) of title 28, United States Code,
had been discretionary. That comparison shall be based on a
study conducted by an independent organization with expertise
in the area of Federal court management.
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