S. 1887 (104th): Federal Courts Improvement Act of 1996

Introduced:
Jun 19, 1996 (104th Congress, 1995–1996)
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 104-317.
Sponsor
Charles “Chuck” Grassley
Senator from Iowa
Party
Republican
Text
Read Text »
Last Updated
Oct 04, 1996
Length
15 pages
Related Bills
S. 2516 (105th) was a re-introduction of this bill in a later Congress.

Reported by Committee
Last Action: Oct 01, 1998

H.R. 4314 (Related)
Federal Courts Improvement Act of 1996

Referred to Committee
Last Action: Sep 28, 1996

 
Status

This bill was enacted after being signed by the President on October 19, 1996.

Progress
Introduced Jun 19, 1996
Referred to Committee Jun 19, 1996
Reported by Committee Jul 25, 1996
Passed Senate Oct 03, 1996
Passed House Oct 04, 1996
Signed by the President Oct 19, 1996
 
Full Title

A bill to make improvements in the operation and administration of the Federal courts, and for other purposes.

Summary

No summaries available.

Cosponsors
2 cosponsors (1D, 1R) (show)
Committees

Senate Judiciary

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

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Citation

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Notes

S. stands for Senate bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


10/3/1996--Passed Senate amended.
TABLE OF CONTENTS:
Title I - Criminal Law and Criminal Justice Amendments Title II: Judicial Process Improvements Title III: Judiciary Personnel Administration, Benefits, and Protections Title IV: Judicial Financial Administration Title V: Federal Courts Study Committee Recommendations Title VI: Miscellaneous Federal Courts Improvement Act of 1996
Title I - Criminal Law and Criminal Justice Amendments
Amends the Federal criminal code to authorize probation and pretrial services officers, if approved by the district court, to carry firearms under such rules as the Director of the Administrative Office of the United States Courts may prescribe.
Title II - Judicial Process Improvements
Amends the Federal judicial code to expand the duties of a magistrate on an emergency assignment.
Section 202 -
Authorizes:
(1) only a person charged with a misdemeanor that is not a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction (petty offense) to elect to be tried before a judge of the district court;
(2) the magistrate judge, in a petty offense case involving a juvenile, to exercise powers granted to the district court; and
(3) the magistrate judge, in any other class B or C misdemeanor case involving a juvenile in which consent to trial before a magistrate judge has been filed, to exercise all powers granted to the district court.
Prohibits a magistrate judge from proceeding to try a case unless specified conditions are met.
Section 203 -
Specifies that a judgment in an action for the recovery of money or property entered in any court of appeals, bankruptcy court, or in the Court of International Trade, as well as any district court, may be registered by filing a certified copy of the judgment, subject to specified requirements.
Section 204 -
Provides that when the office of clerk of court is vacant or the clerk is unavailable, the deputy clerks shall perform the clerk's duties of the clerk.
Section 205 -
Increases the threshold amount in controversy (from $50,000 to $75,000) to qualify for diversity of citizenship jurisdiction.
Section 206 -
Modifies the Federal judicial code to:
(1) authorize the removal of a civil action or criminal prosecution commenced in State court against the United States or any agency or officer thereof, sued in an official or individual capacity for any act under color of such office; and
(2) repeal a provision authorizing the parties to consent to appeals of decisions by magistrate judges in civil cases 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.
Section 208 -
Requires each judicial council, by January 31 of each year, to submit a report to the Administrative Office on orders entered during the preceding calendar year relating to judicial misconduct or disability.
Title III - Judiciary Personnel Administration, Benefits, and Protections
Amends the Federal judicial code to authorize retroactive credit for resumption of a significant workload by a judge under specified circumstances and aggregation by a justice or judge for partial years worked.
Section 302 -
Revises provisions regarding: (1) the refund of contribution for deceased deferred annuitants under the judicial survivors' annuities system; and (2) the contribution rate for senior judges under the judicial survivors' annuities system.
Section 303 -
Amends the Bankruptcy Amendments and Federal Judgeship Act of 1984 to provide that when filling vacancies: (1) the court of appeals may consider reappointing incumbent bankruptcy judges; and (2) all incumbent nominees seeking reappointment may be considered for such a reappointment pursuant to a majority vote of the judges of the appointing court of appeals, under specified procedures.
Section 305 -
Deems a court reporter to be a full-time employee during any pay period for which the reporter receives a salary at the annual salary rate fixed for a full-time reporter.
Section 306 -
Authorizes the presiding judicial officer to appoint a certified or otherwise qualified sign language interpreter to provide services to a participant in a judicial proceeding upon determining that such participant suffers from a hearing impairment.
Section 309 -
Provides that: (1) 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; and (2) injunctive relief shall not be granted in any action brought against a judicial officer for an official act or omission, unless a declaratory decree was violated or declaratory relief was unavailable.
Title IV - Judicial Financial Administration
Amends the Federal judicial code to increase the civil action filing fee in U.S. district court from $120 to $150. Modifies the allocation of filing fees to the special fund of the Treasury.
Section 402 -
Authorizes the Director of the Administrative Office to: (1) prescribe a uniform fee for applicants to take examinations for the selection of qualified interpreters, taking into consideration the fees charged by other organizations for examinations that are similar in scope or nature; and (2) include in any contract for the development or administration of such examinations a provision permitting the contractor to collect and retain fees in payment for contractual services.
Section 403 -
Directs the Judicial Conference to periodically prescribe the fees and costs to be charged and collected by the Judicial Panel on Multidistrict Litigation.
Section 404 -
Sets forth provisions regarding the disposition of attorney admission fees and bankruptcy complaint filing fees.
Title V - Federal Courts Study Committee Recommendations
Amends the Federal judicial code to require the chief judge of the Court of International Trade to be the judge of the court in regular active service who is senior in commission of those judges who: (1) are age 64 or younger; (2) have served for one year or more as a judge of the court; and (3) have not served previously as chief judge. Sets forth provisions regarding the precedence of judges in acting as chief judge.
Title VI - Miscellaneous
Modifies the Federal judicial code to authorize a member of: (1) the Judicial Conference to be a district judge retired from regular active service; and (2) the Board of the Federal Judicial Center to be a circuit or district judge retired from regular active service.
Section 602 -
Makes technical amendments relating to: (1) the Director and Deputy Director of the Administrative Office as Federal officers; (2) the filing of notice of removal of a criminal proceeding from a State court; and (3) Federal Judicial Center retirement provisions.
Section 605 -
Modifies the Regional Rail Reorganization Act of 1973 to abolish the judicial panel established under such Act. Transfers such panel's jurisdiction and future rail reorganization proceedings to the U.S. District Court for the District of Columbia.
Section 606 -
Revises the Federal judicial code regarding: (1) the place of holding court in the District Court of Utah and in the Court for the Southern District of New York; and (2) an exception to the residency requirement for district judges appointed to the Southern and Eastern Districts of New York.
Section 608 -
Extends by six months the due date of reports under the Civil Justice Reform Act of 1990 on demonstration and pilot programs.
Section 610 -
Modifies the definition of "district court" for purposes of provisions regarding change of venue and cure or waiver of defects to mean the District Courts of Guam and the Virgin Islands and for the Mariana Islands.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

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