legislation: 101-hr-5381
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| 101-hr-5381 | 101 | hr | 5381 | Federal Courts Study Committee Implementation Act of 1990 | Law | 1990-07-26 | 1990-10-27 | Indefinitely postponed by Senate by Unanimous Consent. | House | Rep. Kastenmeier, Robert W. [D-WI-2] | WI | D | K000020 | 1 | Title I: Federal Courts Study Committee Implementation - Federal Courts Study Committee Implementation Act of 1990 - Requires the Federal Judicial Center to submit to the Congress a study on: (1) the number and frequency of conflicts among the judicial circuits in interpreting the law that remain unresolved because they are not heard by the Supreme Court; and (2) how many conflicts are "intolerable" based on specific factors, but are unlikely to be resolved by the Supreme Court. Requests that the Board of the Federal Judicial Center: (1) study structural alternatives for the Federal Courts of Appeals; and (2) submit to the Congress and the Judicial Conference of the United States, within two years, a report on such study. Requires the Judicial Conference to establish a special committee to conduct a study of the Federal defender program. Directs such committee to assess the effectiveness of such program, including an assessment of: (1) the impact of judicial involvement in the selection and compensation, and the independence, of Federal defender organizations; (2) equal employment and affirmative action procedures in the various Federal defender programs; (3) the adequacy of compensation for legal services; (4) the quality of representation; and (5) provision of services or funds to financially eligible persons who have been arrested but not convicted for noncustodial transportation and subsistence expenses. Requires such committee to report and make recommendations to the Judicial Conference and the House and Senate Judiciary Committees by September 30, 1992. Directs the President, in any case in which a U.S. judge assumes the duties of a full-time office of Federal judicial administration, to appoint an additional judge for the court on which the judge serves. Increases attendance fees paid to witnesses, jurors, petit jurors, and grand jurors. Amends the Federal criminal code to establish as an independent agency in the Department of Justice a Federal Offender Review Board (as a successor agency to the United States Parole Commission.) Specifies the composition, term of office, jurisdiction, and powers of the Board and its Chairman. Transfers personnel, liabilities, contracts, property, and records from the Commission. Repeals sections of the Comprehensive Crime Control Act of 1984, relating to the U.S. Parole Commission, but continues criminal penalties to individual offenders which were in effect before the effective date of this Act. Provides for a transfer of functions from the Board to three Federal Offender Review Commissions, effective November 1, 1997. Revises provisions concerning the removal of separate and independent claims. Authorizes a civil action where jurisdiction is founded only on diversity of citizenship to be brought only in the judicial district in which: (1) any defendant resides, if all defendants reside in the same State; (2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) the defendants are subject to personal jurisdiction at the time the action commenced. (Current law permits such actions to be brought only in the judicial district where all plaintiffs or defendants reside, or in which the claim arose.) Permits a civil action where jurisdiction is not founded solely on diversity of citizenship to be brought only in the judicial district in which: (1) any defendant resides, if all defendants reside in the same State; (2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) any defendant may be found, if there is no district in which the action may otherwise be brought. Revises venue provisions concerning civil actions in which a defendant is an officer or employee of the United States. Prohibits civil actions arising under an Act of the Congress from being commenced later than four years after the action accrues. Initiates a retirement program for Claims Court judges aged 65 or older, basing annuities upon specified age and length of service criteria, as determined in accordance with this Act. Includes provisions to cover retirement due to disability. Precludes judges who elect this new annuity program from receiving civil service retirement benefits. Permits the recall of retired judges to perform judicial duties, subject to certain conditions. Sets forth the administrative features of the annuity plan. Provides for a forfeiture of annuity for retired Claims Court judges who: (1) in the practice of law represent a client in a civil claim against the United States; (2) fail to perform required judicial duties (such forfeiture to occur for a one-year period); or (3) accept Government civil office or employment compensation (such forfeiture to occur for the period the compensation is received). Makes forfeitures inapplicable in specified cases where a retired judge elects to freeze the amount of the annuity. Sets forth procedures with respect to revoking an election to receive an annuity. Establishes the Claims Court Judges Retirement Fund. Authorizes appropriations. Provides for survivors' annuities for survivors of Claims Court judges who retire under the system established by this Act. Entitles retired Claims Court judges who elect the retirement system under this Act to lump-sum credits under Federal provisions governing civil service compensation. Sets forth provisions: (1) authorizing judges of the U.S. Claims Court to elect to contribute a portion of their basic pay to the Thrift Savings Fund; (2) defining "retirement" and "retire" for purposes of this section to include a removal from office on the sole ground of mental or physical disability; (3) authorizing sums so contributed to be invested and reinvested only in the Government Securities Investment Fund; and (4) specifying that, where such a judge receives a distribution from the Thrift Savings Plan and later receives a specified annuity, such annuity shall be offset by an amount equal to the amount which represents the Government's contribution to that person's Thrift Savings Account. Makes Claims Court judges eligible for annuities currently available for bankruptcy judges and U.S. magistrates. Amends the Federal judicial code to require a district court judge or a magistrate to advise parties to civil actions that they are free to withhold consent to the exercise of the magistrate's jurisdiction without adverse consequences. Extends the time period during which a magistrate may continue to serve after the expiration of a term of office. Grants district courts with original jurisdiction over civil actions supplemental jurisdiction over claims that are so related to claims in the action within their original jurisdiction that they form part of the same case or controversy under Article III of the Constitution, including claims that involve the joinder or intervention of additional parties. Denies district courts such jurisdiction over certain types of claims involving diversity of citizenship. Authorizes such courts to decline to exercise supplemental jurisdiction if: (1) the claim raises a novel or complex issue of State law; (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction; (3) the district court has dismissed all claims over which it has original jurisdiction; or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction. Requires the period of limitations for any claim asserted under the court's supplemental jurisdiction, and for any other claim in the same action that is voluntarily dismissed at the same time as, or after, the dismissal of such claim, to be tolled while such claim is pending in Federal court and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period. Defines "State" to include the District of Columbia, Puerto Rico, and any U.S. territory or possession. Title II: Miscellaneous Provisions and Technical Amendments - Includes Watertown, New York, in the list of sites where court for the Northern District of New York shall be held. Requires the chief judge of each circuit to summon biennial (and permits annual) judicial conferences. (Current law requires the chief judge to summon annual conferences.) Removes the requirement for summoning the U.S. District Court for the District of the Canal Zone to such conferences. Requires the District Court of the Northern Mariana Islands to be summoned. Establishes service requirements for retirement for certain judges aged 62 to 64. Redesignates U.S. magistrates as U.S. magistrate judges. Sets forth eligibility requirements for judicial survivors' annuities in cases where the death of the judicial official was by assassination. Requires the Director of the Administrative Office of the U.S. Courts to determine whether the killing of a judicial official was an assassination, subject to review by the Judicial Conference of the United States. Applies annuity provisions to all judges assassinated on or after May 28, 1979. Sets forth provisions concerning retroactive application of annuity eligibility. Revises provisions with respect to the composition of the judicial council to provide for an equal number of circuit and district judges on such council. Repeals a provision which subjected U.S. Sentencing Commission officers and employees to civil service provisions governing conflicts of interest. | 2025-01-16T12:12:20Z |