Home > 104th Congressional Bills > H.R. 3968 (rh) To make improvements in the operation and administration of the Federal courts, and for other purposes. [Reported in House] ...

H.R. 3968 (rh) To make improvements in the operation and administration of the Federal courts, and for other purposes. [Reported in House] ...


Google
 
Web GovRecords.org








104th CONGRESS
  2d Session
                                H. R. 3968


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 1996

                                Received

_______________________________________________________________________

                                 AN ACT


 
To make improvements in the operation and administration of the Federal 
                    courts, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
         TITLE I--CRIMINAL LAW AND CRIMINAL JUSTICE AMENDMENTS

Sec. 101. New authority for probation and pretrial services officers. 
                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

Sec. 201. Duties of magistrate judge on emergency assignment.
Sec. 202. 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 

Pages: 1 2 3 Next >>

Other Popular 104th Congressional Bills Documents:

1 H.Res. 65 (ih) Naming certain rooms in the House of Representatives wing of the Capitol in honor of former Representative Robert H. Michel. [Introduced in House] ...
2 H.R. 1824 (ih) To authorize the Secretary of Labor to establish volunteer programs for the protection of employees of occupational hazards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [In...
3 H.R. 654 (ih) To provide for the conversion of the assistance for the Tamaqua Highrise housing project in Tamaqua, Pennsylvania, from a leased housing contract to tenant-based assistance. [Introduced in House] ...
4 S. 1636 (es) To designate the United States Courthouse under construction at 1030 Southwest 3rd Avenue, Portland, Oregon, as the ``Mark O. Hatfield United States Courthouse'', and for other purposes. [Engrossed in Senate] ...
5 H.R. 3219 (enr) To provide Federal assistance for Indian tribes in a manner that recognizes the right of tribal self-governance, and for other purposes. [Enrolled bill] ...
6 H.R. 402 (rh) To amend the Alaska Native Claims Settlement Act, and for other purposes. [Reported in House] ...
7 H.Res. 15 (ih) Requiring that travel awards that accrue by reason of official travel of a Member, officer, or employee of the House of Representatives be used only with respect to official travel. [Introduced in House] ...
8 S. 1049 (is) To amend the National Trails Systems Act to designate the route from [Introduced in Senate] ...
9 S. 219 (es) To ensure economy and efficiency of Federal Government operations by establishing a moratorium on regulatory rulemaking actions, and for other purposes. [Engrossed in Senate] ...
10 H.R. 1266 (ih) To provide for the exchange of lands within Admiralty Island National Monument, and for other purposes. [Introduced in House] ...
11 S. 876 (is) To provide that any payment to a local educational agency by the [Introduced in Senate] ...
12 H.R. 2574 (ih) To amend the provisions of title 5, United States Code, that provide for a 2 percent reduction in retirement benefits for each year that the employee is under age 55 at the time of retiring. [Introduced in House] ...
13 H.R. 957 (ih) To amend section 118 of the Internal Revenue Code of 1986 to provide for certain exceptions from rules for determining contributions in aid of construction, and for other purposes. [Introduced in House] ...
14 S. 1782 (is) To amend the Harmonized Tariff Schedule of the United States to provide for duty free treatment for certain injection molding machines. [Introduced in Senate] ...
15 H.R. 3424 (ih) To amend the Agricultural Marketing Act of 1946 and the Packers and Stockyards Act, 1921, to provide for increased regulation of slaughterhouses. [Introduced in House] ...
16 H.R. 869 (enr) To designate the Federal building and United States courthouse located at 125 Market Street in Youngstown, Ohio, as the ``Thomas D. Lambros Federal Building and United States Courthouse''. [Enrolled bill] ...
17 H.R. 1193 (ih) To require that the United States Government hold certain discussions and report to the Congress with respect to the secondary boycott of Israel by Arab countries. [Introduced in House] ...
18 H.R. 843 (ih) To amend the Internal Revenue Code of 1986 to restore the exception to the market discount rules for tax-exempt obligations. [Introduced in House] ...
19 H.R. 3828 (rh) To amend the Indian Child Welfare Act of 1978, and for other purposes. [Reported in House] ...
20 H.R. 3056 (eh) To permit a county-operated health insuring organization to qualify as [Engrossed in House] ...
21 H.R. 483 (ih) To amend title XVIII of the Social Security Act to permit medicare select policies to be offered in all States, and for other purposes. [Introduced in House] ...
22 H.R. 1368 (ih) To amend title 10, United States Code, to modernize Department of Defense acquisition procedures, and for other purposes. [Introduced in House] ...
23 H.R. 1833 (eas) [Engrossed Amendment Senate] ...
24 S.Con.Res. 39 (es) [Engrossed in Senate] ...
25 S. 1116 (is) The Broadcast and Cable Voluntary Standards and Practices Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [Introduced in Senate] ...
26 S.Res. 238 (ris) Expressing the sense of the Senate that any budget or tax legislation should include expanded access to individual retirement accounts. [Referral Instructions Senate] ...
27 S.J.Res. 3 (is) Proposing an amendment to the Constitution of the United States to [Introduced in Senate] ...
28 H.R. 1676 (ih) To amend the Omnibus Budget Reconciliation Act of 1990 to clarify that [Introduced in House] ...
29 H.Res. 382 (eh) [Engrossed in House] ...
30 H.R. 3344 (ih) To authorize the conveyance of the Coast Guard Presque Isle Light Station to Presque Isle Township, Presque Isle County, Michigan. [Introduced in House] ...


Other Documents:

104th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy