Pub.L. 104-318 To provide emergency drought relief to the city of Corpus Christi, Texas, and the Canadian River Municipal Water Authority, Texas, and for other purposes. <> ...

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[[Page 110 STAT. 3847]]

Public Law 104-317
104th Congress

                                 An Act


 
To make improvements in the operation and administration of the Federal 
  courts, and for other purposes. <<NOTE: Oct. 19, 1996 -  [S. 1887]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Federal Courts Improvement 
Act of 1996.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 28 USC 1 note.>> Title.--This Act may be cited as 
the ``Federal Courts Improvement Act of 1996''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

          TITLE I--CRIMINAL LAW AND CRIMINAL JUSTICE AMENDMENTS

Sec. 101. New authority for probation and pretrial services officers.

                 TITLE II--JUDICIAL PROCESS IMPROVEMENTS

Sec. 201. Duties of magistrate judge on emergency assignment.
Sec. 202. Consent to trial in certain criminal actions.
Sec. 203. Registration of judgments for enforcement in other districts.
Sec. 204. Vacancy in clerk position; absence of clerk.
Sec. 205. Diversity jurisdiction.
Sec. 206. Removal of cases against the United States and Federal 
           officers or agencies.
Sec. 207. Appeal route in civil cases decided by magistrate judges with 
           consent.
Sec. 208. Reports by judicial councils relating to misconduct and 
           disability orders.

TITLE III--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

Sec. 301. Senior judge certification.
Sec. 302. Refund of contribution for deceased deferred annuitant under 
           the Judicial Survivors' Annuities System.
Sec. 303. Bankruptcy judges reappointment procedure.
Sec. 304. Technical correction related to commencement date of temporary 
           judgeships.
Sec. 305. Full-time status of court reporters.
Sec. 306. Court interpreters.
Sec. 307. Technical amendment related to commencement date of temporary 
           bankruptcy judgeships.
Sec. 308. Contribution rate for senior judges under the judicial 
           survivors' annuities system.
Sec. 309. Prohibition against awards of costs, including attorney's 
           fees, and injunctive relief against a judicial officer.

               TITLE IV--JUDICIAL FINANCIAL ADMINISTRATION

Sec. 401. Increase in civil action filing fee.
Sec. 402. Interpreter performance examination fees.
Sec. 403. Judicial panel on multidistrict litigation.
Sec. 404. Disposition of fees.

         TITLE V--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

Sec. 501. Qualification of Chief Judge of Court of International Trade.

[[Page 110 STAT. 3848]]

                         TITLE VI--MISCELLANEOUS

Sec. 601. Participation in judicial governance activities by district, 
           senior, and magistrate judges.
Sec. 602. The Director and Deputy Director of the administrative office 
           as officers of the United States.
Sec. 603. Removal of action from State court.
Sec. 604. Federal judicial center employee retirement provisions.
Sec. 605. Abolition of the special court, Regional Rail Reorganization 
           Act of 1973.
Sec. 606. Place of holding court in the District Court of Utah.
Sec. 607. Exception of residency requirement for district judges 
           appointed to the Southern District and Eastern District of 
           New York.
Sec. 608. Extension of civil justice expense and delay reduction reports 
           on demonstration and pilot programs.
Sec. 609. Place of holding court in the Southern District of New York.
Sec. 610. Venue for territorial courts.

          TITLE I--CRIMINAL LAW AND CRIMINAL JUSTICE AMENDMENTS

SEC. 101. NEW AUTHORITY FOR PROBATION AND PRETRIAL SERVICES 
                        OFFICERS.

    (a) Probation Officers.--Section 3603 of title 18, United States 
Code, is amended--
            (1) by striking out ``and'' at the end of paragraph (8)(B);
            (2) by redesignating paragraph (9) as paragraph (10); and
            (3) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) if approved by the district court, be authorized to 
        carry firearms under such rules and regulations as the Director 
        of the Administrative Office of the United States Courts may 
        prescribe; and''.

    (b) Pretrial Services Officers.--Section 3154 of title 18, United 
States Code, is amended--
            (1) by redesignating paragraph (13) as paragraph (14); and
            (2) by inserting after paragraph (12) the following new 
        paragraph:
            ``(13) If approved by the district court, be authorized to 
        carry firearms under such rules and regulations as the Director 
        of the Administrative Office of the United States Courts may 
        prescribe.''.

                 TITLE II--JUDICIAL PROCESS IMPROVEMENTS

SEC. 201. DUTIES OF MAGISTRATE JUDGE ON EMERGENCY ASSIGNMENT.

    The first sentence of section 636(f) of title 28, United States 
Code, is amended by striking out ``(a) or (b)'' and inserting in lieu 
thereof ``(a), (b), or (c)''.

SEC. 202. CONSENT TO TRIAL IN CERTAIN CRIMINAL ACTIONS.

    (a) Amendments to Title 18.--(1) Section 3401(b) of title 18, United 
States Code, is amended--
            (A) in the first sentence by inserting ``, other than a 
        petty offense that is a class B misdemeanor charging a motor 
        vehicle offense, a class C misdemeanor, or an infraction,'' 
        after ``misdemeanor'';

[[Page 110 STAT. 3849]]

            (B) in the second sentence by inserting ``judge'' after 
        ``magistrate'' each place it appears;
            (C) by striking out the third sentence and inserting in lieu 
        thereof the following: ``The magistrate judge may not proceed to 
        try the case unless the defendant, after such explanation, 
        expressly consents to be tried before the magistrate judge and 
        expressly and specifically waives trial, judgment, and 
        sentencing by a district judge. Any such consent and waiver 
        shall be made in writing or orally on the record.''; and
            (D) by striking out ``judge of the district court'' each 
        place it appears and inserting in lieu thereof ``district 
        judge''.

    (2) Section 3401(g) of title 18, United States Code, is amended by 
striking out the first sentence and inserting in lieu thereof the 
following: ``The magistrate judge may, in a petty offense case involving 
a juvenile, that is a class B misdemeanor charging a motor vehicle 
offense, a class C misdemeanor, or an infraction, exercise all powers 
granted to the district court under chapter 403 of this title. The 
magistrate judge may, in any other class B or C misdemeanor case 
involving a juvenile in which consent to trial before a magistrate judge 
has been filed under subsection (b), exercise all powers granted to the 
district court under chapter 403 of this title.''.
    (b) Amendments to Title 28.--Section 636(a) of title 28, United 
States Code, is amended--
            (1) by striking out ``, and'' at the end of paragraph (3) 
        and inserting in lieu thereof a semicolon; and
            (2) by striking out paragraph (4) and inserting the 
        following:
            ``(4) the power to enter a sentence for a petty offense that 
        is a class B misdemeanor charging a motor vehicle offense, a 
        class C misdemeanor, or an infraction; and
            ``(5) the power to enter a sentence for a class A 
        misdemeanor, or a class B or C misdemeanor not covered by 
        paragraph (4), in a case in which the parties have consented.''.
SEC. 203. REGISTRATION OF JUDGMENTS FOR ENFORCEMENT IN OTHER 
                        DISTRICTS.

    (a) In General.--Section 1963 of title 28, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:

``Sec. 1963. Registration of judgments for enforcement in other 
                        districts'';

            (2) in the first sentence--
                    (A) by striking out ``district court'' and inserting 
                in lieu thereof ``court of appeals, district court, 
                bankruptcy court,''; and
                    (B) by striking out ``such judgment'' and inserting 
                in lieu thereof ``the judgment''; and
            (3) by adding at the end thereof the following new 
        undesignated paragraph:

    ``The procedure prescribed under this section is in addition to 
other procedures provided by law for the enforcement of judgments.''.

[[Page 110 STAT. 3850]]

    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 125 of title 28, United States Code, relating to section 1963 is 
amended to read as follows:

``1963. Registration of judgments for enforcement in other districts.''.

SEC. 204. VACANCY IN CLERK POSITION; ABSENCE OF CLERK.

    (a) In General.--Section 954 of title 28, United States Code, is 
amended to read as follows:

``Sec. 954. Vacancy in clerk position; absence of clerk

    ``When the office of clerk is vacant, the deputy clerks shall 
perform the duties of the clerk in the name of the last person who held 
that office. When the clerk is incapacitated, absent, or otherwise 
unavailable to perform official duties, the deputy clerks shall perform 
the duties of the clerk in the name of the clerk. The court may 
designate a deputy clerk to act temporarily as clerk of the court in his 
or her own name.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 57 of title 28, United States Code, relating to section 954 is 
amended to read as follows:

``954. Vacancy in clerk position; absence of clerk.''.

SEC. 205. DIVERSITY JURISDICTION.

    (a) In General.--Section 1332 of title 28, United States Code, is 
amended--
            (1) in subsection (a) by striking out ``$50,000'' and 
        inserting in lieu thereof  ``$75,000''; and
            (2) in subsection (b) by striking out ``$50,000'' and 
        inserting in lieu thereof  ``$75,000''.

    (b) Effective <<NOTE: 28 USC 1332 note.>> Date.--The amendment made 
by this section shall take effect 90 days after the date of enactment of 
this Act.
SEC. 206. REMOVAL OF CASES AGAINST THE UNITED STATES AND FEDERAL 
                        OFFICERS OR AGENCIES.

    (a) In General.--Section 1442 of title 28, United States Code, is 
amended--
            (1) in the section heading by inserting ``or agencies'' 
        after ``officers''; and
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1) by 
                striking out ``persons''; and
                    (B) in paragraph (1) by striking out ``Any officer 
                of the United States or any agency thereof, or person 
                acting under him, for any act under color of such 
                office'' and inserting in lieu thereof ``The United 
                States or any agency thereof or any officer (or any 
                person acting under that officer) of the United States 
                or of any agency thereof, sued in an official or 
                individual capacity for any act under color of such 
                office''.

    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 89 of title 28, United States Code, is amended by amending the 
item relating to section 1442 to read as follows:

``1442. Federal officers and agencies sued or prosecuted.''.

SEC. 207. APPEAL ROUTE IN CIVIL CASES DECIDED BY MAGISTRATE JUDGES 
                        WITH CONSENT.

    Section 636 of title 28, United States Code, is amended--

[[Page 110 STAT. 3851]]

            (1) in subsection (c)--
                    (A) in paragraph (3) by striking out ``In this 
                circumstance, the'' and inserting in lieu thereof  
                ``The'';
                    (B) by striking out paragraphs (4) and (5); and
                    (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (4) and (5); and
            (2) in subsection (d) by striking out ``, and for the taking 
        and hearing of appeals to the district courts,''.
SEC. 208. REPORTS BY JUDICIAL COUNCILS RELATING TO MISCONDUCT AND 
                        DISABILITY ORDERS.

    Section 332 of title 28, United States Code, is amended by adding at 
the end thereof the following new subsection:
    ``(g) No later than January 31 of each year, each judicial council 
shall submit a report to the Administrative Office of the United States 
Courts on the number and nature of orders entered under this section 
during the preceding calendar year that relate to judicial misconduct or 
disability.''.

TITLE III--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

SEC. 301. SENIOR JUDGE CERTIFICATION.

    (a) Retroactive Credit for Resumption of Significant Workload.--
Section 371(f)(3) of title 28, United States Code, is amended by 
striking out ``is thereafter ineligible to receive such a 
certification.'' and inserting in lieu thereof ``may thereafter receive 

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