[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.
          * * * * * * *