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S 1569 - 102

Federal Courts Administration Act of 1992

Became Public Law No: 102-572.

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Summary

36 Passed House amended Apr 18, 2002

Federal Courts Administration Act of 1992 - Title I: Implementation of Federal Courts Study Committee Recommendations - Amends the Federal judicial code to authorize the Supreme Court to prescribe rules for appeal of interlocutory decisions to the courts of appeals. Amends: (1) the Economic Stabilization Act of 1970 to require appeals from orders or judgments entered by a U.S. district court in cases arising under such Act to be brought in the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), subject to specified limitations; and (2) the Natural Gas Policy Act of 1978 to transfer all cases of the Temporary Emergency Court of Appeals to the Federal Circuit. Includes within the jurisdiction of the Federal Circuit specified appeals under: (1) the Economic Stabilization Act of 1970; (2) the Emergency Petroleum Allocation Act of 1973; (3) the Natural Gas Policy Act of 1978; and (4) the Energy Policy and Conservation Act. Abolishes the Temporary Emergency Court of Appeals and transfers any pending cases to the Federal Circuit. Amends the Federal criminal code to authorize a magistrate judge to: (1) revoke, modify, or reinstate (currently, revoke or reinstate) the probation of a defendant that such judge has sentenced; and (2) modify, revoke, or terminate supervised release of any person sentenced to a term of supervised release by a magistrate judge. Permits a district judge to designate a magistrate judge to conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the judge proposed findings of fact and recommendations for such modification, revocation, or termination by the judge (including, in the case of revocation, a recommended sentence). Directs the magistrate judge to file his or her proposed findings and recommendations. Amends the Federal judicial code to authorize the Chief Justice of the United States, in the public interest, to designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit. (Current law makes no mention of the public interest and authorizes such action upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises.) Title II: Judicial Survivors' Annuities Improvements - Amends the Federal judicial code to authorize judicial officials of the United States (officials) to elect to contribute 2.2 percent of their salary and 3.5 percent of their retirement salary (under current law, five percent of their salary) to the Judicial Survivors' Annuities Fund. Requires an official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary at a later date to file, within 90 days before leaving office, a written notification of intent to remain within the purview of provisions with respect to the Fund (which shall constitute consent to contribute the 3.5 percent of deferred retirement salary) or be deemed to have revoked the election to participate under such provisions. Provides for the refund of deposits into the Fund for officials who leave office and are ineligible to receive a retirement salary, or who leave office and are entitled to a deferred retirement salary but fail to make an election. Counts as creditable service those years during which an official had deductions withheld from his or her retirement salary. Revises the formula with respect to the computation of the annuity to take into account the number of years during which the official had deductions withheld from his or her retirement salary. Authorizes an official, subject to the terms of a specified decree, court order, or agreement, who ceases to be married after making the election to revoke such election in writing by notifying the Director of the Administrative Office of the U.S. Courts (Administrative Office). Requires such official to also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director shall prescribe. Authorizes the Director to provide for waiver of the notification requirement with respect to a spouse or former spouse if such official established to the Director's satisfaction that the whereabouts of such person cannot be determined. Directs the Comptroller General of the United States, at the end of each three-fiscal year period, to determine whether the contributions by officials during such period accounted for 50 percent of the costs of the Fund and if not, what adjustments in the contribution rates should be made to achieve that 50 percent figure. Sets forth reporting requirements. Provides a credit for prior contributions made to the Fund by officials at the higher rate. Permits any official who elects to participate to make a redeposit to the credit of the Fund in installments, in such amounts and under such conditions as may be determined by the Director. Specifies that if an official elects to make a redeposit in installments: (1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to such official in a lump-sum payment; and (2) the election to participate shall be effective upon payment of the first such installment. Directs the Comptroller General to: (1) conduct an audit of the judicial survivors annuities program for the three-year period beginning on the date of enactment of this Act; and (2) report to the Congress on the results of such audit, comparing such program to other survivors annuities programs within the Federal Government. Title III: Judicial Financial Administration - Amends the Federal judicial code to provide for the award of filing fees in actions brought by the United States, in which the United States prevails (regardless of whether the Government paid the fee upon commencing the action). Revises provisions with respect to the disposition of filing fees. Provides that: (1) of the amounts paid to the clerk of court as a fee or a judgment for costs, $60 shall be deposited into a special fund of the Treasury to offset funds appropriated for the operation and maintenance of U.S. courts; and (2) if the court authorizes a fee or judgment for costs of less than $120, the entire fee, up to $60, shall be deposited into such fund. Title IV: Jury Matters - Permits prospective jurors in Massachusetts to be selected from the resident list provided for under Massachusetts law, rather than from voter lists. Permits reimbursement of grand jurors' actual reasonable costs of air travel to district court pursuant to a summons, under guidelines set by the Judicial Conference, when travel by other means is not feasible and when certified by the chief judge of the district court in which the grand juror serves. Provides permanent authorization for optional use of a one-step summoning and qualification procedure for jury selection. (Current law provides for experimental use of such procedure.) Title V: Miscellaneous - Amends: (1) the Federal judicial code to permit courts of appeals to pretermit any regular session of court at any place for insufficient business or other good cause without the consent of the Judicial Conference, and to transfer the reporting requirement for fees and expenses under the Equal Access to Justice Act from the Director to the Attorney General; (2) the Financial Institutions Regulatory and Interest Rate Control Act of 1978 to eliminate a duplicative reporting requirement; and (3) the Judicial Improvements Act of 1990 to allow the Federal Judicial Center an additional nine months to submit to the Congress and the Judicial Conference the report on its study of intercircuit conflicts and structural alternatives for the Federal Courts of Appeals. Amends the Federal judicial code to authorize the Director to provide for the sale or disposal of recyclable scrap materials held by any entity within the judicial branch, subject to specified requirements. Specifies that a civil action wherein jurisdiction is founded only on diversity of citizenship may be brought only in specified judicial districts, including one in which the defendants are subject to personal jurisdiction at the time the action is commenced (as under current law) if there is no district in which the action may otherwise be brought. Amends the Civil Justice Reform Act of 1990 to require the Director to transmit to the U.S. district courts a summary of each (currently, each) report on the state of each such court's civil and criminal dockets. Provides for the recovery of costs and fees in the U.S. Court of Veterans Appeals under the Equal Access to Justice Act, subject to specified limitations. Title VI: Judiciary Personnel Administration, Benefits, and Protections - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt the Judicial Officers' Retirement Fund, the Court of Federal Claims Judges' Retirement Fund, and payments to the Judiciary Trust Funds from reductions under such Act. Authorizes the Federal Judicial Center to: (1) cooperate with and assist Federal agencies and other appropriate organizations in providing information and advice to further improvement in the administration of justice in the courts of foreign countries and to acquire information about judicial administration in foreign countries; and (2) fix compensation of secretarial and clerical personnel without regard to General Schedule pay rates. Title VII: Criminal Administrative Matters - Directs probation and pretrial services officers: (1) when directed by the court and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, to keep informed as to the conduct and provide supervision of persons conditionally released; and (2) to report any violation of such a condition to the court and Attorney General or his designee. Affords Criminal Justice Act attorneys and experts, and community defender organizations, travel and lodging at Government rates. Title VIII: State Justice Institute Reauthorization - Amends the State Justice Institute Act of 1984 to authorize appropriations for the State Justice Institute for FY 1993 through 1996. Authorizes the Institute, upon application by an appropriate State or local (currently, Federal, State, or local) agency or institution and if the arrangement to be made by such agency or institution will provide services which could not be provided adequately through nongovernmental arrangements, to award a grant or enter into a cooperative agreement or contract with a unit of State or local (currently, Federal, State, or local) government other than a court. (Current law also requires the Institute to give priority to specified grants, cooperative agreements, or contracts.) Grants the Institute the authority to enter into contracts with Federal agencies to carry out the purposes of the Act. Title IX: Court of Federal Claims - Court of Federal Claims Technical and Procedural Improvements Act of 1992 - Amends the Federal judicial code to change the name of the U.S. Claims Court to the U.S. Court of Federal Claims (Claims Court). Extends to Claims Court judges the same treatment afforded to other Federal trial judges with respect to earned military retirement pay. Makes technical and conforming amendments regarding the recall of a senior Claims Court judge. Authorizes: (1) Claims Court judges to hire the same number of law clerks as U.S. district court judges; (2) the Claims Court to hold court throughout the United States, including its territories and possessions (currently, court may only be held in the District of Columbia (DC) and in four locations outside DC); (3) the chief judge of the Claims Court to issue an order authorizing a judge of such court to conduct proceedings in a foreign country whose laws do not prohibit such proceedings, with exceptions; and (4) the Federal Circuit to permit an appeal from an order of the chief judge of the Claims Court with respect to such proceedings. Amends the Contract Disputes Act of 1978 to require the contractor, for claims more than $50,000, to certify (in addition to current requirements) that the certifier is duly authorized to certify the claim on behalf of the contractor. Provides that: (1) the contracting officer shall have no obligation to render a final decision on any claim of more than $50,000 that is not certified in accordance with the Act if, within 60 days after receipt of the claim, the contracting officer notifies the contractor in writing of the reasons why any attempted certification was found to be defective; (2) a defect in the certification of a claim shall not deprive a court or an agency board of contract appeals of jurisdiction over such claim; and (3) prior to the entry of a final judgment by a court or a decision by an agency board of contract appeals, the court or agency board shall require a defective certification to be corrected. Permits the certification required under the Act to be executed by any person duly authorized to bind the contractor with respect to the claim. Grants the Claims Court jurisdiction over disputes concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer has been issued pursuant to the Contract Disputes Act of 1978. Authorizes the award of costs whenever an action is dismissed in the Claims Court for lack of jurisdiction. Makes applicable to the Claims Court provisions pertaining to costs, witness fees, forma pauperis proceedings, and counsel's liability for excessive costs which are currently applicable to other Federal trial courts. Grants the Claims Court specified power to punish contempt of its authority and to have such assistance in carrying out its orders as is available to other Federal courts. Specifies that the U.S. marshal for any district in which the Claims Court is sitting shall, when requested by the chief judge of such court, attend any session of the court in such district. Title X: Additional Provisions - Amends the Victims of Crime Act of 1984 to repeal provisions regarding: (1) the distribution of excess amounts in the Crime Victims Fund; and (2) time limits on deposits into the Fund. Modifies the formula regarding the availability of funds for expenditure and grant program percentages applicable to the Fund. Amends the Federal criminal code to authorize a district court to direct that information not be collected, verified, or reported on individuals charged with Class A misdemeanors. Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries. Authorizes any U.S. national injured in his or her person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney's fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense) or in favor of any foreign state in a criminal proceeding to the extent that such judgment or decree may be accorded full faith and credit under U.S. law shall estop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this title. Sets forth provisions with respect to jurisdiction and venue for, and limitation of, such civil actions. Title XI: Effective Date - Makes the provisions of this Act effective January 1, 1993, with exceptions. Specifies that all sums expended pursuant to this Act shall be subject to the availability of appropriations.

35 Passed Senate amended Apr 18, 2002

Federal Courts Study Committee Implementation Act of 1992 - Title I: Implementation of Federal Courts Study Committee Recommendations - Amends the Federal judicial code to require the judicial council of each circuit to establish a bankruptcy appellate panel (BAP) if the council certifies that sufficient judicial resources exist to establish such a panel, taking into account the bankruptcy judges' caseloads, the geographical dispersion of bankruptcy judges in the circuit, and the opportunity to establish a joint panel with another circuit. Provides that: (1) if a judicial council certifies that the circuit has insufficient judicial resources to permit establishment of a panel, it shall within 90 days file a report with the Judicial Conference of the United States (Judicial Conference) describing why the circuit's judicial resources are insufficient to permit establishment of a panel; (2) any panel established under this title shall operate for three years or until a majority of the bankruptcy judges requests the council to discontinue the panel, whichever is earlier; and (3) thereafter the council may again establish, and may reconsider its decision not to establish, a panel at any time. Specifies that: (1) panels shall be comprised of three bankruptcy judges to hear and determine, upon consent of all the parties, appeals of bankruptcy decisions; and (2) if the appellee does not wish to have his or her case heard by a BAP, he or she will have 30 days after service of notice of appeal to elect to have the appeal heard by a Federal district court. (Under existing law, a judicial council of a circuit, or, if authorized by the Judicial Conference, the judicial councils of two or more circuits, may establish a BAP. If the parties consent, the BAP will hear and determine the appeal. Otherwise, the district court will hear the appeal. An appeal from either a bankruptcy appellant panel or a district court shall be taken in the same manner as appeals in civil matters generally are taken to the courts of appeals.) Authorizes the Supreme Court to prescribe rules for appeal of interlocutory decisions to the courts of appeals. Amends: (1) the Economic Stabilization Act of 1970 to allow appeals from orders or judgements entered by a U.S. district court in cases arising under such Act to be brought in the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), subject to specified limitations; and (2) the Natural Gas Policy Act of 1978 to transfer all cases of the Temporary Emergency Court of Appeals to the Federal Circuit. Includes within the jurisdiction of the Federal Circuit specified appeals under: (1) the Economic Stabilization Act of 1970; (2) the Emergency Petroleum Allocation Act of 1973; (3) the Natural Gas Policy Act of 1978; and (4) the Energy Policy and Conservation Act. Abolishes the Temporary Emergency Court of Appeals and transfers any pending cases to the Federal Circuit. Amends the Federal criminal code to authorize a magistrate judge to: (1) revoke, modify, or reinstate (currently, revoke or reinstate) the probation of a defendant that such judge has sentenced; and (2) modify, revoke, or terminate supervised release of any person sentenced to a term of supervised release by a magistrate judge. Permits a district judge to designate a magistrate judge to conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the judge proposed findings of fact and recommendations for such modification, revocation, or termination by the judge (including, in the case of revocation, a recommended sentence). Directs the magistrate judge to file his proposed findings and recommendations. Amends the Civil Rights of Institutionalized Persons Act to revise provisions with respect to exhaustion of remedies. Requires the court, in civil suits for deprivation of rights by adult prisoners confined in any jail, prison, or other correctional or detention facilities, where appropriate and in the interests of justice, to continue the case for 90 days to require exhaustion of administrative remedies if the defendant shows the court, or if the Attorney General certifies, that plain, speedy, and effective remedies are available to the confined adult. Specifies that: (1) exhaustion of remedies shall not be required in any case in which the claimant alleges facts that show a risk of substantial or irreparable harm; and (2) the failure of the Attorney General to certify an administrative remedy, or the decision of the Attorney General to suspend or withdraw the certification of an administrative remedy, shall not be binding on the courts. Requires the Attorney General to develop a procedure for the prompt review and certification of administrative remedies, as voluntarily submitted by the various States and political subdivisions, for the resolution of grievances of adults convicted of a crime confined in any jail, prison, or other correctional or detention facility, to determine if the administrative remedies provide plain, speedy, and effective remedies. Directs the Attorney General or court to consider the following standards in determining whether or not administrative remedies are plain, speedy, and effective: (1) advisory role of employees and inmates or representatives of prisoner rights in formulating a plan of administrative remedies; (2) maximum time limits for written responses to grievances; (3) safeguards to avoid reprisals against any grievant or participant in the resolution of a grievance; and (4) independent review of the disposition of grievances by an outside entity. Requires the State, if the Attorney General or court finds that the administrative remedies are not in substantial compliance with such standards, to prove either to the Attorney General or the court that alternate procedures developed by the State accomplish the same objectives of providing a plain, speedy, and effective administrative remedy. Authorizes the Attorney General or the court to suspend or withdraw the certification of an administrative remedy if there is reasonable cause to believe that such remedy no longer provides a plain, speedy, and effective remedy. Specifies that the failure of a State or political subdivision thereof to adopt or adhere to an administrative remedy consistent with requirements under this title shall not constitute a basis for an action under the Act. Amends the Federal judicial code to: (1) provide that a party shall be deemed to consent to the findings of fact and conclusions of law submitted by a bankruptcy judge unless the party files a timely objection (and if a timely objection is not filed, such findings and conclusions shall become final and the bankruptcy judge shall enter an appropriate order thereon); and (2) authorize the Chief Justice of the United States, in the public interest, to designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit. (Current law makes no mention of the public interest and authorizes such action upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises.) Title II: Judicial Survivors' Annuities Improvements - Amends the Federal judicial code to authorize judicial officials of the United States (officials) to elect to contribute 1.5 percent of their salary and 3.5 percent of their retirement salary (under current law, five percent of their salary) to the Judicial Survivors' Annuities Fund. Requires an official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary at a later date to file, within 90 days before leaving office, a written notification of intent to remain within the purview of provisions with respect to the Fund (which shall constitute consent to contribute the 3.5 percent of deferred retirement salary) or be deemed to have revoked the election to participate under such provisions. Provides for the refund of deposits into the Fund for officials who leave office and are ineligible to receive a retirement salary, or who leave office and are entitled to a deferred retirement salary but fail to make an election. Counts as creditable service those years during which an official had deductions withheld from his or her retirement salary. Revises the formula with respect to the computation of the annuity to take into account the number of years during which the official had deductions withheld from his or her retirement salary. Authorizes an official who ceases to be married after making the election to revoke such election in writing by notifying the Director of the Administrative Office of U.S. Courts (Administrative Office). Requires such official to also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director shall prescribe. Authorizes the Director to provide for waiver of the notification requirement with respect to a spouse or former spouse if such official established to the Director's satisfaction that the whereabouts of such person cannot be determined. Provides a credit for prior contributions made to the Fund by officials at the higher rate. Permits any official who elects to participate to make a redeposit to the credit of the fund in installments, in such amounts and under such conditions as may be determined by the Director. Specifies that if an official elects to make a redeposit in installments: (1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to such official in a lump-sum payment; and (2) the election to participate shall be effective upon payment of the first such installment. Puts officials, including judges of the U.S. Court of Federal Claims (as redesignated under title XI of this Act), the district courts of Guam, the Northern Mariana Islands, or the Virgin Islands, and bankruptcy judges and magistrates judges, on a par with any other "justice or judge of the United States" (those covered under current law) with respect to eligibility for Government life insurance, termination of insurance, and conversion rights, subject to specified limitations. Makes any member of a family who is a survivor of a justice or judge of the United States, a judge of the U.S. Court of Federal Claims, the district of Guam, the Northern Mariana Islands, or the Virgin Islands, a bankruptcy judge, or a full-time magistrate judge, eligible for Government health insurance. Title III: Judicial Financial Administration - Amends the Federal judicial code to: (1) provide for the award of filing fees in actions brought by the United States, in which the United States prevails (regardless of whether the Government paid the fee upon commencing the action); and (2) extend the authorization for the Judiciary Automation Fund by five years, to September 30, 1999. Authorizes the use of moneys in the Fund for: (1) program activities included in the courts of appeals, district courts, and other judicial services account of the judiciary; and (2) support personnel in the courts and Administrative Office. Permits all agencies of the judiciary to make deposits into the Fund to meet their automatic data processing needs. Requires the Director to develop and annually revise a long range plan for meeting the automatic data processing needs of activities funded (currently, of the judicial branch, and excludes the following) and include an annual estimate of fees that may be collected under the Judiciary Appropriations Act, 1991. Changes the amount available for contracting in advance of availability of amounts in the Fund from $75,000,000 to amounts estimated to be collected for the fiscal year in which the obligation is being made. Permits the Director to transfer up to one million dollars from the Fund, under the supervision of the Judicial Conference, into the account to which the funds were originally appropriated before permission of the appropriations committees is required for transfers. Revises provisions of the Victims of Crime Act of 1984 regarding sums in the Crime Victims Fund available to the judicial branch for administrative costs and the percentages of grants to be made available for crime victim compensation and assistance programs. Amends the Federal judicial code to provide that, if the court authorizes a filing fee of less than $120, the entire fee, up to $60, shall be deposited into the special fund provided under the code. Title IV: Jury Matters - Permits prospective jurors in Massachusetts to be selected from the resident list provided for under Massachusetts law, rather than from voter lists. Extends Federal Employees' Compensation Act (workers' compensation) coverage to jurors when they are traveling to or from court. Authorizes the Director to compensate for loss or damage to personal effects incurred incident to the performance of duties pursuant to a summons to serve as a grand or petit juror. Requires the Director to prescribe guidelines for the allowance of claims for compensation. Permits reimbursement of grand jurors' actual reasonable costs of air travel to district court pursuant to a summons, under guidelines set by the Judicial Conference, when weather conditions warrant and when certified by the chief judge of the district court in which the grand juror serves. Provides permanent authorization for optional use of a one-step summoning and qualification procedure for jury selection. (Current law provides for experimental use of such procedure.) Title V: Miscellaneous - Amends: (1) the Federal judicial code to permit courts of appeals to pretermit any regular session of court at any place for insufficient business or other good cause without the consent of the Judicial Conference, and to transfer the reporting requirement for fees and expenses under the Equal Access to Justice Act from the Director to the Attorney General; (2) the Financial Institutions Regulatory and Interest Rate Control Act of 1978 to eliminate a duplicative reporting requirement; and (3) the Judicial Improvements Act of 1990 to allow the Federal Judicial Center an additional nine months to submit to the Congress and the Judicial Conference the report on its study of intercircuit conflicts and structural alternatives for the Federal Courts of Appeals. Amends the Federal judicial code to authorize the Director to provide for the sale or disposal of recyclable scrap materials held by any entity within the judicial branch, subject to specified requirements. Authorizes the Judicial Conference to appoint a committee to recommend bankruptcy rules. Requires the committee to support any proposed rules with an explanatory note and written report. Saves from invalidation any bankruptcy rule prescribed under procedures not in compliance with requirements under the code. Makes bankruptcy rules effective on December 1 of the year in which they are transmitted to the Congress by the Supreme Court. Specifies that a civil action wherein jurisdiction is founded only on diversity of citizenship may be brought only in specified judicial districts, including one in which the defendants are subject to personal jurisdiction at the time the action is commenced (as under current law) if there is no district in which the action may otherwise be brought. Amends the Civil Justice Reform Act of 1990 to require the Director to transmit to the U.S. district courts a summary of each (currently, each) report on the state of each such court's civil and criminal dockets. Permits a bankruptcy administrator, or his or her designee, to: (1) preside at a meeting of creditors, and of equity security holders; and (2) examine the debtor at a meeting of creditors and administer the oath. Provides for the recovery of costs and fees in the U.S. Court of Veterans Appeals under the Equal Access to Justice Act. Amends the Federal judicial code to provide for the U.S. district court for the Eastern District of Pennsylvania to be held in Lancaster. Title VI: Judiciary Personnel Administration, Benefits, and Protections - Allows credit for prior legislative branch service for purposes of retirement with respect to a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or minority of a House or Senate committee or subcommittee. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt the Judicial Officers' Retirement Fund, the Court of Federal Claims Judges' Retirement Fund, and payments to the Judiciary Trust Funds from reductions under such Act. Defines court reporters as "full-time" employees for annuity purposes if they are paid full-time salaries. Authorizes: (1) the Federal Judicial Center to cooperate with and assist Federal agencies and other appropriate organizations in providing information and advice to further improvement in the administration of justice in the courts of foreign countries and to acquire information about judicial administration in foreign countries; (2) the Director of the Center to set the compensation of not more than five percent of Center professional employees at levels equivalent to level IV of the Executive Schedule pay rates; and (3) the Center to fix compensation of secretarial and clerical personnel without regard to General Schedule pay rates. Title VII: Criminal Law - Amends the Federal criminal code to authorize district courts to remove the requirement for pretrial services reports in Class A misdemeanor cases. Directs probation and pretrial services officers: (1) when directed by the court and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, to keep informed as to the conduct and provide supervision of persons conditionally released; and (2) to report any violation of such a condition to the court and Attorney General or his designee. Authorizes such officers, if approved by the district court, to carry firearms, subject to specified limitations. Affords Criminal Justice Act attorneys and experts, and community defender organizations, travel and lodging at Government rates. Title VIII: Foreign Records of Regularly Conducted Activity - Amends the Federal judicial code to bar the exclusion as evidence by the hearsay rule, in any civil proceeding in a court of the United States, of a foreign record of regularly conducted activity if a foreign certification attests that: (1) such record was made at or near the time of the occurrence of the matters set forth, or from information transmitted, by a person with knowledge of those matters; (2) such record was kept in the course of a regularly conducted business activity; (3) the business activity made such a record as a regular practice; and (4) if such record is not the original, it is a duplicate of the original. Allows exclusion of such records if the source of information or method or circumstances of preparation indicate lack of trustworthiness. Provides that a foreign certification under this title shall authenticate such record or duplicate. Specifies that: (1) a party intending to offer in evidence a foreign record of regularly conducted activity shall provide written notice of such intention to each other party as soon as practicable after a responsible pleading has been filed; (2) a motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial; and (3) failure by a party to file such motion before trial shall constitute a waiver of objection to such record or duplicate, but the court for cause shown may grant relief from such waiver. Title IX: State Justice Institute Reauthorization - Amends the State Justice Institute Act of 1984 to authorize appropriations for the State Justice Institute for FY 1993 through 1996. Authorizes the Institute, upon application by an appropriate State or local (currently, Federal, State, or local) agency or institution and if the arrangements to be made by such agency or institution will provide services which could not be provided adequately through nongovernmental arrangements, to award a grant or enter into a cooperative agreement or contract with a unit of State or local (currently, Federal, State, or local) government other than a court. Grants the Institute the authority to enter into contracts with Federal agencies to carry out the purposes of the Act. Title X: Terrorism Civil Remedy - Repeals provisions of the Military Construction Appropriations Act, 1991, concerning terrorism. Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries. Authorizes any U.S. national injured in his or her person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense) or in favor of any foreign state in a criminal proceeding to the extent that such judgment or decree may be accorded full faith and credit under U.S. law shall estop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this title. Sets forth provisions with respect to jurisdiction and venue for, and limitations of, such civil actions (including a prohibition on suits against U.S. and foreign officials). Grants U.S. district courts exclusive jurisdiction over such actions. Title XI: Court of Federal Claims - Court of Federal Claims Technical and Procedural Improvements Act of 1992 - Amends the Federal judicial code to change the name of the U.S. Claims Court to the U.S. Court of Federal Claims (Claims Court). Specifies that: (1) the annuity of a Claims Court judge on senior status after age 65 shall be comparable to that of other senior status Federal trial judges insofar as social security taxes and payments are concerned; and (2) Claims Court judges are judicial officers eligible for coverage under specified annuity and insurance programs. Extends to Claims Court judges the same treatment afforded to other Federal trial judges with respect to earned military retirement pay. Makes technical and conforming amendments regarding the recall of a senior Claims Court judge. Authorizes: (1) Claims Court judges to hire the same number of law clerks as U.S. district court judges; (2) the Claims Court to hold court throughout the United States, including its territories and possessions (currently, court may only be held in the District of Columbia (DC) and in four locations outside DC); (3) the chief judge of the Claims Court to issue an order authorizing a judge of such court to conduct proceedings in a foreign country whose laws do not prohibit such proceedings, with exceptions; and (4) the Federal Circuit to permit an appeal from an order of the chief judge of the Claims Court with respect to such proceedings. Amends the Contract Disputes Act of 1978 to provide that: (1) if the certification of a claim under such Act is technically defective, a court or agency board of contract appeals may permit the certification to be corrected at any time prior to a final decision by the court or agency board of contract appeals unless the failure to properly certify in the first instance was fraudulent, in bad faith, or with reckless or grossly negligent disregard of the requirements of the relevant statutes or regulations; and (2) if the contracting officer did not challenge the validity of the certification and the court or agency board of contract appeals permits the defective certification to be corrected under such provision, interest shall accrue on the claim from the date the claim was first submitted to the contracting officer. Makes applicable to the Claims Court provisions pertaining to costs, witness fees, forma pauperis proceedings, and counsel's liability for excessive costs which are currently applicable to other Federal trial courts. Grants the Claims Court specified powers to punish contempt of its authority and to have such assistance in carrying out its orders as is available to other Federal courts. Specifies that the U.S. marshal for any district in which the Claims Court is sitting shall, when requested by the chief judge of such court, attend any session of the court in such district. Title XII: Effective Date - Specifies that the effective date of this Act shall be January 1, 1993, with exceptions. Makes all sums expended pursuant to this Act subject to the availability of appropriations.

00 Introduced in Senate Apr 18, 2002

Federal Courts Study Committee Implementation Act of 1991 - Title I: Implementation of Federal Courts Study Committee Recommendations - Establishes an intercircuit conflict resolution demonstration program under which the Supreme Court may issue an order of reference with regard to a matter as to which the lower courts are in disagreement. Directs the Clerk of the Supreme Court, in such event, to select at random a court of appeals to hear the case for a decision en banc (which decision shall be final, subject to discretionary review by the Supreme Court within 30 days). Authorizes the Supreme Court to issue temporary rules supplemental to its own rules and to the Federal Rules of Appellate Procedure governing the procedure in the Supreme Court and the courts of appeals in cases referred under this Act. Directs the Judicial Conference of the United States to establish a committee to monitor and evaluate, and to report to the Congress and the Judicial Conference on, the operation and effect of this title. Requires each committee of the Congress to include with any bill or resolution reported from such committee to the Senate or House of Representatives a judicial impact statement that represents that specified issues have been considered, including: (1) whether a private cause of action is contemplated; (2) the definition of key terms; (3) the types of relief available; (4) whether retroactive applicability is intended; and (5) the viability of private arbitration and other dispute resolution agreements under enactment and relief provisions. Requires each Member of the Congress, to the greatest extent practicable, to consider such issues for any bill or resolution introduced and any amendment proposed in the Senate or House of Representatives. Mandates that all submissions of budget requests and information related to the formulation of the budget submitted by the President for the Court of International Trade and the Court of Appeals for the Federal Circuit be made to the Office of Management and Budget through the Federal judiciary in the same manner as a U.S. court of appeals. Amends the Federal judicial code to: (1) require (current law authorizes) the judicial council of each circuit to establish a bankruptcy appellate panel to hear and determine appeals, unless a judicial council establishes a joint panel to do so; and (2) authorize the Supreme Court to prescribe rules for the appeal of final and interlocutory decisions. Amends the Economic Stabilization Act of 1970 to allow appeals from orders or judgments entered by a U.S. district court in cases arising under such Act to be brought in the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), subject to specified limitations. Amends the Natural Gas Policy Act of 1978 to transfer all cases of the Temporary Emergency Court of Appeals to the Federal Circuit. Includes within the jurisdiction of the Federal Circuit specified appeals under: (1) the Economic Stabilization Act of 1970; (2) the Emergency Petroleum Allocation Act of 1973; (3) the Natural Gas Policy Act of 1978; and (4) the Energy Policy and Conservation Act. Abolishes the Temporary Emergency Court of Appeals and transfers any pending cases to the Federal Circuit. Transfers jurisdiction for supervised release revocation hearings from district courts to the U.S. Parole Commission. Repeals a provision authorizing the judicial officer to commence a prosecution for contempt for a violation of a condition of release. Directs the Parole Commission to assign licensed attorneys as hearing officers in revocation hearings under this title. Title II: National Commission on Federal Criminal Law Reform - National Commission on Federal Criminal Law Reform Act of 1991 - Establishes the National Commission on Federal Criminal Law Reform to: (1) perform a comprehensive study of the Federal criminal laws and draft a proposed recodification; and (2) coordinate, cooperate, and exchange information with the Congress, the judiciary, and the Department of Justice in undertaking such recodification. Sets forth provisions with respect to the composition, compensation, director, staff, powers, termination, and reporting requirements of the Commission. Authorizes appropriations.

Sponsors

Timeline

Oct 29, 1992

Signed by President.

Oct 29, 1992

Signed by President.

Oct 29, 1992

Became Public Law No: 102-572.

Oct 29, 1992

Became Public Law No: 102-572.

Oct 20, 1992

Presented to President.

Oct 20, 1992

Presented to President.

Oct 9, 1992

Message on Senate action sent to the House.

Oct 7, 1992

Resolving differences -- Senate actions: Senate agreed to the House amendment by Voice Vote.

Oct 7, 1992

Senate agreed to the House amendment by Voice Vote.

Oct 5, 1992

Message on House action received in Senate and at desk: House amendment to Senate bill.

Oct 3, 1992

Committee on Judiciary discharged.

Oct 3, 1992

Committee on Judiciary discharged.

Oct 3, 1992

Mr. Hughes asked unanimous consent to discharge from committee and consider.

Oct 3, 1992

Considered by unanimous consent.

Oct 3, 1992

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 5933. Agreed to without objection.

Oct 3, 1992

Passed/agreed to in House: On passage Passed without objection.

Oct 3, 1992

On passage Passed without objection.

Oct 3, 1992

A similar measure H.R. 5933 was laid on the table without objection.

Oct 3, 1992

The title of the measure was amended to that of similar measure H.R. 5933. Agreed to without objection.

Oct 3, 1992

Motion to reconsider laid on the table Agreed to without objection.

Sep 15, 1992

Referred to the Subcommittee on Intellectual Property and Judicial Administration.

Aug 4, 1992

Received in the House.

Aug 4, 1992

Message on Senate action sent to the House.

Aug 4, 1992

Referred to the House Committee on Judiciary.

Aug 3, 1992

Measure laid before Senate by unanimous consent.

Aug 3, 1992

The committee substitute as amended agreed to by Voice Vote.

Aug 3, 1992

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Aug 3, 1992

Passed Senate with an amendment by Voice Vote.

Jul 27, 1992

Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. With written report No. 102-342.

Jul 27, 1992

Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. With written report No. 102-342.

Jul 27, 1992

Placed on Senate Legislative Calendar under General Orders. Calendar No. 568.

Jun 25, 1992

Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

Mar 31, 1992

Subcommittee on Courts and Administrative Practice. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

Oct 17, 1991

Subcommittee on Courts and Administrative Practice. Hearings concluded. Hearings printed: S.Hrg. 102-723.

Oct 3, 1991

Subcommittee on Courts and Administrative Practice. Hearings held.

Aug 29, 1991

Referred to Subcommittee on Courts and Administrative Practice.

Jul 26, 1991

Introduced in Senate

Jul 26, 1991

Read twice and referred to the Committee on Judiciary.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
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