[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 1887 Enrolled Bill (ENR)]
S.1887
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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,

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(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:

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TITLE II

-JUDICIAL PROCESS IMPROVEMENTS

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the Judicial Survivors' Annuities System.

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TITLE III

-JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

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fees, and injunctive relief against a judicial officer.

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TITLE VI

-MISCELLANEOUS

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appointed to the Southern District and Eastern District of New
York.

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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.''.

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TITLE I

-CRIMINAL LAW AND CRIMINAL JUSTICE AMENDMENTS

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)''.

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(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.''.

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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.''.
(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.''.

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(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.''.

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(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 Date.--The amendment made by this section shall take
effect 90 days after the date of enactment of this Act.

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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.''.

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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,''.

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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.''.
PROTECTIONS

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(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
a certification for that year by satisfying the requirements of
subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection
in a subsequent year and attributing a sufficient part of the work
performed in such subsequent year to the earlier year so that the work
so attributed, when added to the work performed during such earlier
year, satisfies the requirements for certification for that year.
However, a justice or judge may not receive credit for the same work
for purposes of certification for more than 1 year.''.
(b) Aggregation of Certain Work for Partial Years.--Section
371(f)(1) of title 28, United States Code, is amended by adding at the
end of subparagraph (D) the following: ``In any year in which a justice
or judge performs work described under this subparagraph for less than
the full year, one-half of such work may be aggregated with work
described under subparagraph (A), (B), or (C) of this paragraph for the
purpose of the justice or judge satisfying the requirements of such
subparagraph.''.

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-JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND

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,''.

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Section 120 of the Bankruptcy Amendments and Federal Judgeship Act
of 1984 (Public Law 98-353; 98 Stat. 344), 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).''.

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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.''.

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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.''.

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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 section in accordance with the
schedule of fees prescribed by the Director under subsection (b)(3) of
this section.''.

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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''.

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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.''.

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FEES, AND INJUNCTIVE RELIEF AGAINST A JUDICIAL OFFICER.
(a) Nonliability for Costs.--Notwithstanding any other provision of
law, no judicial officer shall be held liable for any costs, including
attorney's fees, in any action brought against such officer for an act
or omission taken in such officer's judicial capacity, unless such
action was clearly in excess of such officer's jurisdiction.
(b) Proceedings in Vindication of Civil Rights.--Section 722(b) of
the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting before
the period at the end thereof ``, except that in any action brought
against a judicial officer for an act or omission taken in such
officer's judicial capacity such officer shall not be held liable for
any costs, including attorney's fees, unless such action was clearly in
excess of such officer's jurisdiction''.
(c) Civil Action for Deprivation of Rights.--Section 1979 of the
Revised Statutes (42 U.S.C. 1983) is amended by inserting before the
period at the end of the first sentence: ``, except that in any action
brought against a judicial officer for an act or omission taken in such
officer's judicial capacity, injunctive relief shall not be granted
unless a declaratory decree was violated or declaratory relief was
unavailable''.

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(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.

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TITLE IV

-JUDICIAL FINANCIAL ADMINISTRATION

(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, 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.

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(a) In General.--(1) Chapter 123 of title 28, United States Code,
is amended by adding after section 1931 the following new section:
``Sec. 1932. 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:
``1932. 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''.

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(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.

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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 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 such, 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.

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TITLE V

-FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS

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,''.

0934d36be29046ee6d8b5178c6e82e0ff4e6c345913edd6eca941dd3cb1255a4

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.''.

4c5e5d8b5017b8eededa9f7b7cb74515fa4c2fb15401db5395f72465b3a1aeda

Section 1446(c)(1) of title 28, United States Code, is amended by
striking out ``petitioner'' and inserting in lieu thereof ``defendant
or defendants''.

aa571d79dbcb5ce4f61a7f79992004fb0fe8dd4475766a9cb7e0e6b7bc0da017

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),''.

763d38edf808fd555a6ea05032ca6a1a7413d1ccafe19b538aaf442226c32806

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 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 previously
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 out
the paragraph following paragraph (2) 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 further
amended--
(A) in subsection (g) by inserting ``or 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 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 enactment
of this Act and, except as provided in subsection (d), shall apply with
respect to proceedings that arise or continue after such effective
date.

6553ff52d1a6c11e9b580514ac0f7cb5be386d9f765c35f259e2b9281c1a51b6

(a) Northern Division.--Section 125(1) of title 28, United States
Code, is amended by inserting ``Salt Lake City and'' before ``Ogden''.
(b) Central Division.--Section 125(2) of title 28, United States
Code, is amended by inserting ``, Provo, and St. George'' after ``Salt
Lake City''.

bf7d6a829460abeb0954ab6cb1fdf1578571acb5b26bbb9b23bf23f42d54f7d8

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,''; and
(2) 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 to which he
or she is appointed.''.

4b51b66b252ef9ec0e0cab82544bec96f88603dc71b87811f538c8dff603e02d

REPORTS ON DEMONSTRATION AND PILOT PROGRAMS.
(a) 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,''.
(b) 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,''.

d514932a8131fd378598b44592b011e8409c6f15e55d8b54eec78e67f4114e99

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 appro-
priate.''.

853c8d5e260f59b67a2c12fdb2cc22f86d8ca118340f0d17578f077f44d4bef2

(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

5cff329a2424d2714a7c42b0a5dc2600950cea36123277764c521cad61c23e5a

Federal Courts Improvement Act of 1996 — S. 1887

Other Sections

TITLE II

TITLE III

TITLE VI

TITLE I

TITLE III

TITLE IV

TITLE V

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