17 1 2 3 4 5 6 7 8 9 of this title or involuntarily under section 372(b) of this title may"; and (2) by adding at the end thereof the following new sentence: "A judge of the United States retired invol untarily under section 372(b) of this title may be designated and assigned by the chief judge of his court to perform such judicial duties in such court as such judge is willing and able to undertake.". FEES 10 SEC. 6. Section 604 of title 28, United States Code, is 11 amended by adding at the end thereof the following new sub12 section: 13 "(f) The Director shall pay necessary expenses incurred 14 by the Judicial Conference of the United States and the 15 Council on Judicial Tenure under chapter 17 of this title in16 cluding mileage allowance and witness fees at the same rate 17 as provided in section 1821 of this title.". 18 19 ASSISTANCE OF UNITED STATES MARSHALS SEC. 7. Section 569(b) of title 28, United States Code, 20 is amended immediately after "Canal Zone" by inserting 21 "and of the Judicial Conference of the United States and the 22 Council on Judicial Tenure under chapter 17 of this title". 23 24 MISCELLANEOUS SEC. 8. (a) Within one hundred and eighty days after 25 the date of enactment of this Act, the judges of each circuit, 18 1 the Court of Claims, the Court of Customs and Patent Ap2 peals, and the Customs Court shall elect one member from 3 each such circuit and such courts to serve on the Council on 4 Judicial Tenure in accordance with section 377(b) of title 28, 5 United States Code (as added by section 2(a) of this Act). (b) Within one year after the date of enactment of this 7 Act, the Council on Judicial Tenure shall promulgate rules 8 for the conduct of its activities. 6 9 (c) Within one year after the date of enactment of this 10 Act, the Judicial Conference of the United States shall pro11 mulgate rules of evidence for use in proceedings required 12 under chapter 17 of title 28, United States Code. 13 (d) All rules promulgated pursuant to subsections (b) and 14 (c), and amendments thereto, shall be matters of public 15 record, and shall be effective upon promulgation. 16 17 AUTHORIZATION OF APPROPRIATIONS SEC. 9. There are authorized to be appropriated such 18 sums as may be necessary to carry out the provisions of this 19 Act. /Title I, Parts C & E only7 96TH CONGRESS 18T SESSION H. R. 4044 To provide for improvements in the structure and administration of the Federal courts, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 10, 1979 Mr. KASTENMEIER introduced the following bill; which was referred to the Committee on the Judiciary I A BILL To provide for improvements in the structure and administration of the Federal courts, and for other purposes. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Federal Courts Improve 4 ment Act of 1979". 1 2 11 3 4 5 6 PART C-JUDICIAL COUNCILS CIRCUIT COUNCILS SEC. 121. Section 332 of title 28, United States Code, 7 is amended— 8 9 (1) by amending subsection (a) to read as follows: "(a)(1) The chief judge of each circuit shall call, at least 10 twice in each year and at such places as he may designate, a 11 council of the judges of that circuit as specified in paragraph 12 (2) of this subsection. 13 "(2)(A) Such council shall consist of not more than 14 seven circuit judges in regular active service, including the 15 chief judge, unless there are fewer than seven circuit judges 16 in regular active service in which case every circuit judge in 17 regular active service shall serve as a member of the council. 18 The judges shall be summoned to serve on the council in 19 order of the seniority of their circuit court commissions and 20 shall serve for a period not to exceed five years. No circuit 21 judge shall serve on the council who has not been a circuit 22 judge for at least three years, unless there are no other cir23 cuit judges in regular active service who are senior in 24 commission. 12 1 “(B) In addition to the circuit judges under subpara2 graph (A), such council shall consist of not more than four 3 district judges in regular active service. If there are fewer 4 than seven circuit judges in regular active service on the 5 council, the number of district judges on the council shall be 6 reduced by the number by which the number of circuit judges 7 is less than seven, except that there shall be at least two 8 district judges on the council. The judges of the district 9 courts shall be represented on the council by the chief judges 10 of the districts within the circuit, summoned to serve on the 11 council in order of the seniority of their commissions, each to 12 serve for a period not to exceed five years. If judges other 13 than chief judges are needed to complete the district court 14 membership on the council, judges in regular active service 15 shall be summoned to serve on the council in order of the 16 seniority of their commissions, each to serve for a period not 17 to exceed five years. No district judge shall serve on the 18 council who has not been a district judge for at least three 19 years, unless there are no other district judges in regular 20 active service who are senior in commission. The chief judge 21 of the circuit may invite additional judges of the district 22 courts to attend particular meetings of the council and par23 ticipate in the discussion. 24 "(C) The terms for initial appointments to the council 25 may be staggered by rule adopted by the judicial council of |