[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4125 Reported in House (RH)]

                                                 Union Calendar No. 433
107th CONGRESS
  2d Session
                                H. R. 4125

                          [Report No. 107-700]

To make improvements in the operation and administration of the Federal 
                    courts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2002

 Mr. Coble (for himself and Mr. Berman) introduced the following bill; 
          which was referred to the Committee on the Judiciary

                           September 30, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               10, 2002]

_______________________________________________________________________

                                 A BILL


 
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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Courts 
Improvement Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Section 1. Short title; table of contents.

                 TITLE I--JUDICIAL PROCESS IMPROVEMENTS

Sec. 101. Bankruptcy administrator authority to appoint trustees, 
                            examiners, and committee of creditors.
Sec. 102. Change in composition of divisions of Eastern District of 
                            Texas.
Sec. 103. Conditions of probation and supervised release.
Sec. 104. Reporting of wiretap orders.
Sec. 105. Clarifying the scope of diversity of citizenship for resident 
                            aliens.
Sec. 106. Authority of district courts regarding jurors.
Sec. 107. Deletion of automatic excuse from jury service for members of 
                            the Armed Forces, members of fire and 
                            police departments, and public officers.
Sec. 108. Elimination of the public drawing requirements for selection 
                            of juror wheels.
Sec. 109. Supplemental attendance fee for petit jurors serving on 
                            lengthy trials.
Sec. 110. Change in composition of divisions in Western District of 
                            Tennessee.
Sec. 111. Place of holding court in the Southern District of Ohio.
Sec. 112. Place of holding court in the Northern District of New York.

 TITLE II--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

Sec. 201. Disability retirement and cost-of-living adjustments of 
                            annuities for territorial judges.
Sec. 202. Federal Judicial Center personnel matters.
Sec. 203. Annual leave limit for judicial branch executives.
Sec. 204. Supplemental benefits program.
Sec. 205. Inclusion of judicial branch personnel in organ donor leave 
                            program.
Sec. 206. Maximum amounts of compensation for attorneys.
Sec. 207. Maximum amounts of compensation for services other than 
                            counsel.
Sec. 208. Protection against malicious recording of fictitious liens 
                            against Federal judges.
Sec. 209. Appointing authority for circuit librarians.

                    TITLE III--ADDITIONAL PROVISIONS

Sec. 301. Monitoring of communications of officers and employees of 
                            judicial branch.

                 TITLE I--JUDICIAL PROCESS IMPROVEMENTS

SEC. 101. BANKRUPTCY ADMINISTRATOR AUTHORITY TO APPOINT TRUSTEES, 
              EXAMINERS, AND COMMITTEE OF CREDITORS.

    (a) Appointment of Trustees.--Until the amendments made by subtitle 
A of title II of the Bankruptcy Judges, United States Trustees, and 
Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note; Public Law 
99-554; 100 Stat. 3123) become effective in a judicial district and 
apply to a case, a bankruptcy administrator appointed to serve in the 
district pursuant to section 302(d)(3)(I) of that Act, as amended by 
section 317(a) of the Federal Courts Study Committee Implementation Act 
of 1990 (Public Law 101-650; 104 Stat 5115), shall appoint the 
trustees, examiners, and standing trustees subject to the provisions 
set forth in sections 701, 1104, 1202, and 1302 of title 11, United 
States Code.
    (b) Standing Trustees.--The Director of the Administrative Office 
of the United States Courts, in consultation with the bankruptcy 
administrator referred to in subsection (a), shall fix the maximum 
annual compensation and percentage fee for the standing trustees 
appointed under subsection (a) notwithstanding the references in those 
sections of title 11, United States Code, to the court's authority to 
fix them.
    (c) Service as Trustee.--A bankruptcy administrator may serve as 
and perform the duties of a trustee in a case under chapter 7 of title 
11, United States Code, if none of the members of the panel of private 
trustees is disinterested and willing to serve as trustee in the case. 
A bankruptcy administrator may serve as and perform the duties of a 
trustee or standing trustee in cases under chapter 12 or chapter 13 of 
title 11, United States Code, if necessary.
    (d) Appointment of Committees.--Until the amendments made by 
subtitle A of title II of the Bankruptcy Judges, United States 
Trustees, and Family Farmer Bankruptcy Act of 1986 become effective in 
a judicial district and apply to a case, the bankruptcy administrator 
appointed to serve in the district shall appoint the committees of 
creditors and equity security holders provided in section 1102 of title 
11, United States Code. On request of a party in interest, the court 
may order the appointment of additional committees of creditors or of 
equity security holders if necessary to assure adequate representation 
of creditors or equity security holders. The bankruptcy administrator 
shall appoint any such committee. On request of a party in interest in 
a case in which the debtor is a small business and for cause, the court 
may order that a committee of creditors not be appointed.

SEC. 102. CHANGE IN COMPOSITION OF DIVISIONS OF EASTERN DISTRICT OF 
              TEXAS.

    (a) In General.--Section 124(c) of title 28, United States Code, is 
amended--
            (1) in paragraph (3)--
                    (A) by striking ``Denton, and Grayson'' and 
                inserting ``Delta, Denton, Fannin, Grayson, Hopkins, 
                and Lamar''; and
                    (B) by inserting ``and Plano'' after ``held at 
                Sherman'';
            (2) by striking paragraph (4) and redesignating paragraphs 
        (5) through (7) as paragraphs (4) through (6), respectively; 
        and
            (3) in paragraph (5), as so redesignated, by inserting 
        ``Red River,'' after ``Franklin,''.
    (b) Texarkana.--Sections 83(b)(1) and 124(c)(5) (as redesignated by 
subsection (a) of this section) of title 28, United States Code, are 
each amended by inserting after ``held at Texarkana'' the following: 
``, and may be held anywhere within the Federal courthouse in Texarkana 
that is located astride the State line between Texas and Arkansas''.
    (c) Effective Date.--
            (1) In general.--This section and the amendments made by 
        this section shall take effect on the date of the enactment of 
        this Act.
            (2) Pending cases not affected.--This section and the 
        amendments made by this section shall not affect any action 
        commenced before the effective date of this section and pending 
        in the United States District Court for the Eastern District of 
        Texas on such date.
            (3) Juries not affected.--This section and the amendments 
        made by this section shall not affect the composition, or 
        preclude the service, of any grand or petit jury summoned, 
        impaneled, or actually serving in the Eastern Judicial District 
        of Texas on the effective date of this section.

SEC. 103. CONDITIONS OF PROBATION AND SUPERVISED RELEASE.

    (a) Conditions of Probation.--Section 3563(a)(2) of title 18, 
United States Code, is amended by striking ``(b)(2), (b)(3), or 
(b)(13),'' and inserting ``(b)(2) or (b)(12)''.
    (b) Supervised Release After Imprisonment.--Section 3583(d) of 
title 18, United States Code, is amended by striking ``section 
3563(b)(1)'' and all that follows through ``appropriate.'' and 
inserting ``section 3563(b) and any other condition it considers to be 
appropriate, except that a condition set forth in subsection 
3563(b)(10) shall be imposed only for a violation of a condition of 
supervised release in accordance with subsection (e)(2) of this section 
and only when facilities are available.''.
    (c) Conforming Amendment.--Section 3563(b)(10) of title 18, United 
States Code, is amended by inserting ``or supervised release'' after 
``probation''.

SEC. 104. REPORTING OF WIRETAP ORDERS.

    Paragraph (1) of section 2519 of title 18, United States Code, is 
amended by striking all that precedes ``(a)'' and inserting the 
following:
    ``(1) In January of each year, any judge who has issued an order 
(or extension thereof) under section 2518 which expired during the 
preceding year or who has denied approval of an interception during 
that year, shall report to the Administrative Office of the United 
States
Courts--''.

SEC. 105. CLARIFYING THE SCOPE OF DIVERSITY OF CITIZENSHIP FOR RESIDENT 
              ALIENS.

    Section 1332(a) of title 28, United States Code, is amended by 
striking the last sentence and inserting the following: ``The district 
courts shall not have original jurisdiction under paragraph (2) or (3) 
where the matter in controversy is between a citizen of a State and a 
citizen or subject of a foreign state admitted to the United States for 
permanent residence and domiciled in the same State.''.

SEC. 106. AUTHORITY OF DISTRICT COURTS REGARDING JURORS.

    Section 1866(g) of title 28, United States Code, is amended in the 
first sentence--
            (1) by striking ``shall'' and inserting ``may''; and
            (2) by striking ``his'' and inserting ``the''.

SEC. 107. DELETION OF AUTOMATIC EXCUSE FROM JURY SERVICE FOR MEMBERS OF 
              THE ARMED FORCES, MEMBERS OF FIRE AND POLICE DEPARTMENTS, 
              AND PUBLIC OFFICERS.

    (a) Removal of Exemption.--Section 1863(b) of title 28, United 
States Code, is amended by striking paragraph (6) and redesignating 
paragraphs (7) and (8) as paragraphs (6) and (7), respectively.
    (b) Conforming Amendments.--(1) Section 1865(a) of title 28, United 
States Code, is amended in the first sentence by striking ``, or 
exempt,''.
    (2) Section 1866 of title 28, United States Code, is amended--
            (A) in the first sentence of subsection (a), by striking 
        ``exempt or'';
            (B) in the first sentence of subsection (c)--
                    (i) by striking ``or (6)''; and
                    (ii) by striking ``excused, or exempt'' and 
                inserting ``or excused''; and
            (C) in subsection (d), by striking ``exempt,''.
    (3) Section 1869 of title 28, United States Code, is amended--
            (A) in the first sentence of subsection (h), by striking 
        ``or exempted''; and
            (B) by repealing subsection (i).
    (c) Discretionary Exemption From Service.--(1) Section 982 of title 
10, United States Code, is amended--
            (A) by amending the section heading to read as follows:
``Sec. 982. Members: service on Federal, State, and local juries'';
        and
            (B) by striking ``State or'' and inserting ``Federal, 
        State, or''.
    (2) The item relating to section 982 in the table of sections for 
chapter 49 of title 10, United States Code, is amended to read as 
follows:

``982. Members: service on Federal, State, and local juries.''.

SEC. 108. ELIMINATION OF THE PUBLIC DRAWING REQUIREMENTS FOR SELECTION 
              OF JUROR WHEELS.

    (a) Drawing of Names From Jury Wheel.--Section 1864(a) of title 28, 
United States Code, is amended--
            (1) in the first sentence, by striking ``publicly''; and
            (2) by inserting after the first sentence the following new 
        sentence: ``The clerk or jury commission shall post a general 
        notice for public review in the clerk's office explaining the 
        process by which names are periodically and randomly drawn.''.
    (b) Selection and Summoning of Jury Panels.--Section 1866(a) of 
title 28, United States Code, is amended--
            (1) in the second sentence, by striking ``publicly''; and
            (2) by inserting after the second sentence the following 
        new sentence: ``The clerk or jury commission shall post a 
        general notice for public review in the clerk's office 
        explaining the process by which names are periodically and 
        randomly drawn.''.
    (c) Conforming Amendment.--Section 1869(k) of title 28, United 
States Code, is repealed.

SEC. 109. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON 
              LENGTHY TRIALS.

    Section 1871(b)(2) of title 28, United States Code, is amended by 
striking ``thirty'' each place it appears and inserting ``five''.

SEC. 110. CHANGE IN COMPOSITION OF DIVISIONS IN WESTERN DISTRICT OF 
              TENNESSEE.

    (a) In General.--Section 123(c) of title 28, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``Dyer,'' after ``Decatur,''; and
                    (B) in the last sentence, by inserting ``and 
                Dyersburg'' after ``Jackson''; and
            (2) in paragraph (2)--
                    (A) by striking ``Dyer,''; and
                    (B) in the second sentence, by striking ``and 
                Dyersburg''.
    (b) Effective Date.--
            (1) In general.--This section and the amendments made by 
        this section shall take effect on the date of the enactment of 
        this Act.
            (2) Pending cases not affected.--This section and the 
        amendments made by this section shall not affect any action 
        commenced before the effective date of this section and pending 
        in the United States District Court for the Western District of 
        Tennessee on such date.
            (3) Juries not affected.--This section and the amendments 
        made by this section shall not affect the composition, or 
        preclude the service, of any grand or petit jury summoned, 
        impaneled, or actually serving in the Western Judicial District 
        of Tennessee on the effective date of this section.

SEC. 111. PLACE OF HOLDING COURT IN THE SOUTHERN DISTRICT OF OHIO.

    Section 115(b)(2) of title 28, United States Code, is amended by 
striking ``and Steubenville'' and inserting ``, Steubenville, and St. 
Clairsville''.

SEC. 112. PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT OF NEW YORK.

    Section 112(a) of title 28, United States Code, is amended by 
striking ``and Watertown'' and inserting ``Watertown, and 
Plattsburgh''.

 TITLE II--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

SEC. 201. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF 
              ANNUITIES FOR TERRITORIAL JUDGES.

    Section 373 of title 28, United States Code, is amended--
            (1) by amending subsection (c)(4) to read as follows:
    ``(4) Any senior judge performing judicial duties pursuant to 
recall under paragraph (2) of this subsection shall be paid, while 
performing such duties, the same compensation (in lieu of the annuity 
payable under this section) and the same allowances for travel and 
other expenses as a judge on active duty with the court being 
served.'';
            (2) by amending subsection (e) to read as follows:
    ``(e)(1) Any judge of the District Court of Guam, the District 
Court of the Northern Mariana Islands, or the District Court of the 
Virgin Islands who is not reappointed (as judge of such court) shall be 
entitled, upon attaining the age of sixty-five years or upon 
relinquishing office if the judge is then beyond the age of sixty-five 
years--
            ``(A) if the judicial service of such judge, continuous or 
        otherwise, aggregates fifteen years or more, to receive during 
        the remainder of such judge's life an annuity equal to the 
        salary received when the judge left office; or
            ``(B) if such judicial service, continuous or otherwise, 
        aggregated less than fifteen years, to receive during the 
        remainder of such judge's life an annuity equal to that 
        proportion of such salary which the aggregate number of such 
        judge's years of service bears to fifteen.
    ``(2) Any judge of the District Court of Guam, the District Court 
of the Northern Mariana Islands, or the District Court of the Virgin 
Islands who has served at least five years, continuously or otherwise, 
and who retires or is removed upon the sole ground of mental or 
physical disability, shall be entitled to receive during the remainder 
of such judge's life an annuity equal to 40 percent of the salary 
received when the judge left office or, in the case of a judge who has 
served at least ten years, continuously or otherwise, an annuity equal 
to that proportion of such salary which the aggregate number of such 
judge's years of judicial service bears to fifteen.''; and
            (3) by amending subsection (g) to read as follows:
    ``(g) Any retired judge who is entitled to receive an annuity under 
this section shall be entitled to a cost-of-living adjustment in the 
amount computed as specified in section 8340(b) of title 5, except that 
in no case may the annuity payable to such retired judge, as increased 
under this subsection, exceed the salary of a judge in regular active 
service with the court on which the retired judge served before 
retiring.''.

SEC. 202. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS.

    Section 625 of title 28, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``, United States Code,'';
                    (B) by striking ``pay rates, section 5316, title 5, 
                United States Code'' and inserting ``under section 5316 
                of title 5, except that the Director may fix the 
                compensation of 4 positions of the Center at a level 
                not to exceed the annual rate of pay in effect for 
                level IV of the Executive Schedule under section 5315 
                of title 5''; and
                    (C) by striking ``the Civil Service'' and all that 
                follows through ``Code'' and inserting ``subchapter III 
                of chapter 83 of title 5 shall be adjusted pursuant to 
                the provisions of section 8344 of such title, and the 
                salary of a reemployed annuitant under chapter 84 of 
                title 5 shall be adjusted pursuant to the provisions of 
                section 8468 of such title'';
            (2) in subsection (c), by striking ``, United States 
        Code,''; and
            (3) in subsection (d)--
                    (A) by striking ``United States Code,''; and
                    (B) by striking ``, section 5332, title 5, United 
                States Code'' and inserting ``under section 5332 of 
                title 5''.

SEC. 203. ANNUAL LEAVE LIMIT FOR JUDICIAL BRANCH EXECUTIVES.

    Section 6304(f)(1) of title 5, United States Code, is amended--
            (1) in subparagraph (D), by striking ``or'';
            (2) in subparagraph (E), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(F) the Judicial Branch designated as a court unit 
        executive position by the Judicial Conference of the United 
        States or designated as an executive position in the Federal 
        Judicial Center by the Board of the Federal Judicial Center.''.

SEC. 204. SUPPLEMENTAL BENEFITS PROGRAM.

    Section 604(a) of title 28, United States Code, is amended--
            (1) by redesignating paragraphs (6) through (24) as 
        paragraphs (7) through (25), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) In the Director's discretion, establish a program of 
        benefits, in addition to those otherwise provided by law, for 
        officers and employees of the judicial branch, including 
        justices and judges of the United States;''.

SEC. 205. INCLUSION OF JUDICIAL BRANCH PERSONNEL IN ORGAN DONOR LEAVE 
              PROGRAM.

    Section 6327(a) of title 5, United States Code, is amended by 
inserting ``or an entity of the judicial branch'' after ``An employee 
in or under an Executive agency''.

SEC. 206. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.

    Paragraph (2) of subsection (d) of section 3006A of title 18, 
United States Code, is amended--
            (1) by striking ``5,200'' and inserting ``7,000'';
            (2) by striking ``1,500'' and inserting ``2,000'';
            (3) by striking ``3,700'' and inserting ``5,000'';
            (4) by striking ``1,200'' each place it appears and 
        inserting ``1,500''; and
            (5) by striking ``3,900'' and inserting ``5,000''.

SEC. 207. MAXIMUM AMOUNTS OF COMPENSATION FOR SERVICES OTHER THAN 
              COUNSEL.

    Subsection (e) of section 3006A of title 18, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``$300'' and 
                inserting ``$500''; and
                    (B) in subparagraph (B), by striking ``$300'' and 
                inserting ``$500''; and
            (2) in paragraph (3), by striking ``$1,000'' and inserting 
        ``$1,600''.

SEC. 208. PROTECTION AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS 
              AGAINST FEDERAL JUDGES.

    (a) In General.--Chapter 73 of title 18, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 1521. Retaliating against a Federal judge by false claim or 
              slander of title
    ``(a) Whoever files or attempts to file, in any public record or in 
any private record which is generally available to the public, any 
lien, encumbrance, civil claim, or other document against a Federal 
Judge or against the real or personal property of a Federal Judge, 
knowing or having reason to know that such claim, lien, encumbrance, or 
document is false or contains any materially false, fictitious, or 
fraudulent statement or representation, shall be fined under this title 
or imprisoned for not more than five years, or both. In the case of an 
offense under this subsection which was committed after the defendant 
had previously been convicted of an earlier offense under this 
subsection, the defendant shall be fined under this title or imprisoned 
for not more than ten years, or both.
    ``(b) As used in this section, the term `Federal Judge' means a 
justice or judge of the United States as defined in section 451 of 
title 28, a judge of the United States Court of Federal Claims, a 
United States bankruptcy judge, a United States magistrate judge, and a 
judge of the United States Court of Appeals for the Armed Forces, 
United States Court of Appeals for Veterans Claims, United States Tax 
Court (including any special trial judge appointed under section 7443A 
of the Internal Revenue Code of 1986), District Court of Guam, District 
Court of the Northern Mariana Islands, or District Court of the Virgin 
Islands.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 73 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1521. Retaliating against a Federal judge by false claim or slander 
                            of title.''.

SEC. 209. APPOINTING AUTHORITY FOR CIRCUIT LIBRARIANS.

    Section 713 of title 28, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Each court of appeals'' and 
                inserting ``The judicial council of each circuit''; and
                    (B) by striking ``the court'' and inserting ``the 
                judicial council''; and
            (2) in subsection (b), by striking ``court'' each place it 
        appears and inserting ``judicial council''.

                    TITLE III--ADDITIONAL PROVISIONS

SEC. 301. MONITORING OF COMMUNICATIONS OF OFFICERS AND EMPLOYEES OF 
              JUDICIAL BRANCH.

    Section 604 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(i)(1) The Judicial Conference should take such steps as it deems 
necessary and appropriate to safeguard the privacy of officers and 
employees of the judicial branch by ensuring that--
            ``(A) the Director does not intercept electronic 
        communications of any such officer or employee (including any 
        electronic communication consisting of an electronic mail 
        message or a transfer of information by means of the World Wide 
        Web or the Internet) between or among computers, or hire or 
        enter into a contract with another entity to monitor or 
        intercept such communications, except pursuant to--
                    ``(i) a law enforcement investigation;
                    ``(ii) prior authorization by the Judicial 
                Conference or its Executive Committee; or
                    ``(iii) a policy adopted by the Judicial Conference 
                setting forth the procedures under which the 
                interception of such communications may be authorized; 
                and
            ``(B) any information obtained pursuant to interception of 
        communications authorized under subparagraph (A) is used solely 
        for the purposes for which the interception is authorized.
    ``(2) In this subsection--
            ``(A) the term `electronic communication' has the meaning 
        given that term in section 2510 of title 18;
            ``(B) the terms `by means of the World Wide Web' and 
        `Internet' have the meanings given those terms in section 
        231(e) of the Communications Act of 1934 (47 U.S.C. 231(e)); 
        and
            ``(C) the term `computer' has the meaning given that term 
        in section 1030(e) of title 18.''.




                                                 Union Calendar No. 433

107th CONGRESS

  2d Session

                               H. R. 4125

                          [Report No. 107-700]

_______________________________________________________________________

                                 A BILL

To make improvements in the operation and administration of the Federal 
                    courts, and for other purposes.

_______________________________________________________________________

                           September 30, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed