[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2396 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2396

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2004

   Mr. Hatch (for himself, Mr. Leahy, Mr. Chambliss, Mr. Durbin, Mr. 
  Schumer, and Mrs. Clinton) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Courts 
Improvement Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
                 TITLE I--JUDICIAL PROCESS IMPROVEMENTS

Sec. 101. Authority of bankruptcy administrators to appoint trustees 
                            and to serve as trustees in bankruptcy 
                            cases in the States of Alabama and North 
                            Carolina.
Sec. 102. Venue in bankruptcy cases.
Sec. 103. Place of holding court in Texarkana, Texas, and Texarkana, 
                            Arkansas.
Sec. 104. Change in composition of divisions of western district of 
                            Texas.
Sec. 105. Change of composition of divisions of western district of 
                            Tennessee.
Sec. 106. Place of holding court in the northern district of New York.
Sec. 107. Juror fees.
Sec. 108. Supplemental attendance fee for petit jurors serving on 
                            lengthy trials.
Sec. 109. Authority of district courts as to a jury summons.
Sec. 110. Automatic excuse upon request from jury service for members 
                            of the Armed Services, members of fire and 
                            police departments, and public officers.
Sec. 111. Elimination of the public drawing requirements for juror 
                            wheels.
Sec. 112. Conditions of probation and supervised release.
Sec. 113. Clarifying the scope of diversity of citizenship for resident 
                            aliens.
Sec. 114. Clarifying the scope of diversity of citizenship for 
                            corporations with foreign contacts.
Sec. 115. Reporting of wiretap orders.
Sec. 116. Magistrate judge participation at circuit conferences.
Sec. 117. Repeal of Obsolete Speedy Trial Act cross references to the 
                            Narcotic Addict Rehabilitation Act.
Sec. 118. Taxing of court technology costs.
Sec. 119. Investment of court registry funds.
Sec. 120. Emergency authority to conduct court proceedings outside the 
                            territorial jurisdiction of the court.
Sec. 121. Restriction of public access to certain information contained 
                            in bankruptcy case files.
Sec. 122. Security of social security account number of debtor in 
                            notice debtor provides to creditor.
 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. Student loan forgiveness for Federal defenders.
Sec. 206. Law clerk loan deferment.
Sec. 207. Inclusion of judicial branch personnel in organ donor leave 
                            program.
Sec. 208. Transportation and subsistence for Criminal Justice Act 
                            defendants.
Sec. 209. Maximum amounts of compensation for attorneys.
Sec. 210. Maximum amounts of compensation for services other than 
                            counsel.
Sec. 211. Excess compensation delegation authority.
Sec. 212. Protection against malicious recording of fictitious liens 
                            against Federal judges.
Sec. 213. Appointing authority for circuit librarians.
Sec. 214. Judicial branch security requirements.
Sec. 215. Bankruptcy, magistrate, and territorial judges life 
                            insurance.
Sec. 216. Health insurance for surviving family and spouses of judges.

                 TITLE I--JUDICIAL PROCESS IMPROVEMENTS

SEC. 101. AUTHORITY OF BANKRUPTCY ADMINISTRATORS TO APPOINT TRUSTEES 
              AND TO SERVE AS TRUSTEES IN BANKRUPTCY CASES IN THE 
              STATES OF ALABAMA AND NORTH CAROLINA.

    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. 3088) 
become effective in and with respect to a judicial district in the 
State of Alabama, or in and with respect to a judicial district in the 
State of North Carolina--
            (1) a reference in sections 303(g), 701(a), 703(b), 703(c), 
        1102(a), 1104(d), 1163, 1202, and 1302 of title 11, United 
        States Code, to the United States trustee shall be deemed to be 
        a reference to the bankruptcy administrator appointed and 
        serving in such district under the authority of section 
        302(d)(3)(I) of such Act;
            (2) a reference in sections 1202(a) and 1302(a) of title 
        11, United States Code, to section 586(b) of title 28, United 
        States Code, shall be deemed to be a reference to such section 
        as modified in operation by the other provisions of this 
        section;
            (3) a reference in sections 701(a)(1) and 703(c) of title 
        11, United States Code, to a panel of private trustees 
        established under section 586(a)(1) of title 28, United States 
        Code, shall be deemed to be a reference to the panel of private 
        trustees established in such district under the authority of 
        section 302(d)(3)(I)(i) of such Act; and
            (4) a reference in subsections (b), (d), and (e) of section 
        586 of title 28, United States Code--
                    (A) to the Attorney General shall be deemed to be a 
                reference to the Director of the Administrative Office 
                of the United States Courts;
                    (B) to the United States trustee for the region 
                shall be deemed to be a reference to the bankruptcy 
                administrator appointed for such district;
                    (C) to a standing trustee shall be deemed to be a 
                reference to a standing trustee appointed by the 
                bankruptcy administrator;
                    (D) to the designation of 1 or more assistant 
                United States trustees shall be disregarded; and
                    (E) to the deposit in the United States Trustee 
                System Fund shall be deemed to be a reference to the 
                payment to the clerk of the court for deposit in the 
                Treasury;
        for purposes of cases pending under title 11, United States 
        Code, in such district.

SEC. 102. VENUE IN BANKRUPTCY CASES.

    Section 1412 of title 28, United States Code, is amended by 
inserting ``, on its own motion or on timely motion of a party in 
interest,'' after ``A district court''.

SEC. 103. PLACE OF HOLDING COURT IN TEXARKANA, TEXAS, AND TEXARKANA, 
              ARKANSAS.

    Sections 83(b)(1) and 124(c)(5) 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''.

SEC. 104. CHANGE IN COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF 
              TEXAS.

    (a) In General.--Section 124(d) of title 28, United States Code, is 
amended--
            (1) in paragraph (3), by striking ``county of El Paso'' and 
        inserting ``counties of El Paso and Hudspeth''; and
            (2) in paragraph (6), by striking ``Hudspeth,''.
    (b) Effective Date.--
            (1) In general.--This section and the amendments made by 
        this section shall take effect on the date of 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 
        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 Western Judicial District 
        of Texas on the effective date of this section.

SEC. 105. CHANGE OF COMPOSITION OF DIVISIONS OF 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 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. 106. 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''.

SEC. 107. JUROR FEES.

    (a) In General.--Section 1871(b)(1) of title 28, United States 
Code, is amended by striking ``$40'' and inserting ``$50''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on October 1, 2004.

SEC. 108. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON 
              LENGTHY TRIALS.

    (a) In General.--Section 1871(b)(2) of title 28, United States 
Code, is amended by striking ``thirty'' in each place it occurs, and 
inserting ``5''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on October 1, 2004.

SEC. 109. AUTHORITY OF DISTRICT COURTS AS TO A JURY SUMMONS.

    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''.

SEC. 110. AUTOMATIC EXCUSE UPON REQUEST FROM JURY SERVICE FOR MEMBERS 
              OF THE ARMED SERVICES, 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--
            (1) striking paragraph (6); and
            (2) redesignating paragraphs (7) and (8) as paragraphs (6) 
        and (7), respectively.
    (b) Permanent Excuse.--Section 1863(b)(5) of title 28, United 
States Code, is amended by striking subparagraph (B) and inserting the 
following:
                    ``(B) specify that the following persons, upon 
                individual request, shall be excused from jury service:
                            ``(i) Members in active service in the 
                        Armed Forces of the United States.
                            ``(ii) Members of the fire or police 
                        departments of any State, the District of 
                        Columbia, any territory or possession of the 
                        United States, or any subdivision of a State, 
                        the District of Columbia, or such territory or 
                        possession.
                            ``(iii) Public officers in the executive, 
                        legislative, or judicial branches of the 
                        Government of the United States, or of any 
                        State, the District of Columbia, any territory 
                        or possession of the United States, or any 
                        subdivision of a State, the District of 
                        Columbia, or such territory or possession, who 
                        are actively engaged in the performance of 
                        official duties.
                            ``(iv)(I) Volunteer safety personnel.
                            ``(II) In this clause, the term `volunteer 
                        safety personnel' means individuals serving a 
                        public agency (as defined in section 1203(6) of 
                        title I of the Omnibus Crime Control and Safe 
                        Streets Act of 1968) in an official capacity, 
                        without compensation, as firefighters or 
                        members of a rescue squad or ambulance crew.''.
    (c) Technical and 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 subsection (a), in the first sentence by 
                striking ``exempt or'';
                    (B) in subsection (c), in the first sentence--
                            (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(h) of title 28, United States Code, is 
        amended in the first sentence by striking ``or exempted''.

SEC. 111. ELIMINATION OF THE PUBLIC DRAWING REQUIREMENTS FOR 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 the term 
        ``publicly''; and
            (2) by inserting after the first 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 the term 
        ``publicly''; and
            (2) by inserting after the second 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) Technical and Conforming Amendments.--Section 1869 of title 28, 
United States Code, is amended--
            (1) by striking subsection (k); and
            (2) by redesignating subsection (l) as subsection (k).

SEC. 112. 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), unless the court has 
imposed a fine under this chapter, or''.
    (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 section 3563(b)(10) 
shall be imposed only for a violation of a condition of supervised 
release in accordance with subsection (e)(2) and only when facilities 
are available.''.
    (c) Technical and Conforming Amendment.--Section 3563(b)(10) of 
title 18, United States Code, is amended by inserting ``or supervised 
release'' after ``probation''.

SEC. 113. CLARIFYING THE SCOPE OF DIVERSITY OF CITIZENSHIP FOR RESIDENT 
              ALIENS.

    (a) In General.--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.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act and apply only to actions 
filed on or after such date.

SEC. 114. CLARIFYING THE SCOPE OF DIVERSITY OF CITIZENSHIP FOR 
              CORPORATIONS WITH FOREIGN CONTACTS.

    (a) In General.--Section 1332(c) of title 28, United States Code, 
is amended by striking paragraph (1) and inserting the following:
            ``(1) a corporation shall be deemed a citizen of every 
        State and foreign state by which it has been incorporated and 
        of the State or foreign state where it has its principal place 
        of business; and''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act and apply only to actions 
filed on or after such date.

SEC. 115. 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. 116. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES.

    Section 333 of title 28, United States Code, is amended in the 
first sentence by inserting ``magistrate,'' after ``district,''.

SEC. 117. REPEAL OF OBSOLETE SPEEDY TRIAL ACT CROSS REFERENCES TO THE 
              NARCOTIC ADDICT REHABILITATION ACT.

    Section 3161(h) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraphs (B) and (C); and
                    (B) by redesignating subparagraphs (D) through (J) 
                as subparagraphs (B) through (H), respectively;
            (2) by striking paragraph (5); and
            (3) by redesignating paragraphs (6) through (9) as 
        paragraphs (5) through (8), respectively.

SEC. 118. TAXING OF COURT TECHNOLOGY COSTS.

    Section 1920 of title 28, United States Code, is amended--
            (1) in paragraph (2) by striking ``of the court reporter 
        for all or any part of the stenographic transcript'' and 
        inserting ``for printed or electronically recorded 
        transcripts;''; and
            (2) in paragraph (4) by striking ``copies of papers'' and 
        inserting ``the costs of making copies of any materials where 
        the copies are.''.

SEC. 119. INVESTMENT OF COURT REGISTRY FUNDS.

    (a) In General.--Chapter 129 of title 28, United States Code, is 
amended by inserting after section 2044 the following:
``Sec. 2045. Investment of court registry funds
    ``(a) The Director of the Administrative Office of the United 
States Courts, or the Director's designee under subsection (b), may 
request the Secretary of the Treasury to invest funds received under 
section 2041 in public debt securities with maturities suitable to the 
needs of the funds, as determined by the Director or the Director's 
designee, and bearing interest at a rate determined by the Secretary of 
the Treasury, taking into consideration current market yields on 
outstanding marketable obligations of the United States of comparable 
maturity.
    ``(b) The Director may designate the clerk of a court described in 
section 610 to exercise the authority conferred by subsection (a).''.
    (b) Technical and Conforming Amendments.--The table of sections for 
chapter 129 of title 28, United States Code, is amended by adding after 
the item relating to section 2044 the following:

``2045. Investment of court registry funds.''.

SEC. 120. EMERGENCY AUTHORITY TO CONDUCT COURT PROCEEDINGS OUTSIDE THE 
              TERRITORIAL JURISDICTION OF THE COURT.

    (a) Circuit Courts.--Section 48 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(e) Each court of appeals may hold special sessions at any place 
outside the circuit as the nature of the business may require and upon 
such notice as the court orders, upon a finding by either the chief 
judge of the court of appeals (or, if the chief judge is unavailable, 
the most senior available active judge of the court of appeals) or the 
judicial council of the circuit that, because of emergency conditions, 
no location within the circuit is reasonably available where such 
special sessions could he held. The court may transact any business at 
a special session outside the circuit which it might transact at a 
regular session.''.
    (b) District Courts.--Section 141 of title 28, United States Code, 
is amended--
            (1) by inserting ``(a)'' before ``special sessions''; and
            (2) by adding at the end the following:
    ``(b) Special sessions of the district court may be held at such 
places outside the district as the nature of the business may require 
and upon such notice as the court orders, upon a finding by either the 
chief judge of the district court (or, if the chief judge is 
unavailable, the most senior available active judge of the district 
court) or the judicial council of the circuit that, because of 
emergency conditions, no location within the district is reasonably 
available where such special sessions could be held. Any business may 
be transacted at a special session outside the district which might be 
transacted at a regular session. The district court may summon jurors 
from within the district to serve in any case in which special sessions 
are conducted outside the district under this section.''.
    (c) Bankruptcy Courts.--Section 152(c) of title 28, United States 
Code, is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) Bankruptcy judges may hold court at such places outside the 
judicial district as the nature of the business of the court may 
require, and upon such notice as the court orders, upon a finding by 
either the chief judge of the bankruptcy court (or, if the chief judge 
is unavailable, the most senior available bankruptcy judge) or by the 
judicial council of the circuit that, because of emergency conditions, 
no location within the district is reasonably available where the 
bankruptcy judges could hold court. Bankruptcy judges may transact any 
business at special sessions of court held outside the district that 
might be transacted at a regular session.''.
    (d) United States Magistrate Judges.--Section 636 of title 28, 
United States Code, is amended in subsection (a) by striking 
``territorial jurisdiction prescribed by his appointment'' and 
inserting ``district in which sessions are held by the court that 
appointed the magistrate judge, at other places where that court may 
function, and elsewhere as authorized by law''.

SEC. 121. RESTRICTION OF PUBLIC ACCESS TO CERTAIN INFORMATION CONTAINED 
              IN BANKRUPTCY CASE FILES.

    Section 107 of title 11, United States Code, is amended by striking 
subsection (b) and inserting the following:
    ``(b) On request of a party in interest, the bankruptcy court 
shall, and on the bankruptcy court's own motion, the bankruptcy court 
may, protect an entity with respect to a trade secret or confidential 
research, development, or commercial information.
    ``(c) The bankruptcy court for cause may protect a person with 
respect to the following contained in a paper filed, or to be filed, in 
a case under this title:
            ``(1) Any `means of identification' as defined under 
        section 1028(d)(4) of title 18.
            ``(2) Information that could cause undue annoyance, 
        embarrassment, oppression, or risk of injury to person or 
        property.''.

SEC. 122. SECURITY OF SOCIAL SECURITY ACCOUNT NUMBER OF DEBTOR IN 
              NOTICE DEBTOR PROVIDES TO CREDITOR.

    Section 342(c) of title 11, United States Code, is amended by 
inserting ``last 4 digits of the'' before ``taxpayer identification 
number''.

 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) in subsection (c) by striking paragraph (4) and 
        inserting the following:
            ``(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 striking subsection (e) and inserting the following:
    ``(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 65 years or upon relinquishing 
office if the judge is then beyond the age of 65 years--
            ``(A) if the judicial service of such judge, continuous or 
        otherwise, aggregates 15 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 15 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 15.
    ``(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 5 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 10 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 15.''; and
            (3) by striking subsection (g) and inserting the following:
    ``(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, governing'' 
                and inserting ``governing'';
                    (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 under 
                section 8344 of such title, and the salary of a 
                reemployed annuitant under chapter 84 of title 5 shall 
                be adjusted under 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. STUDENT LOAN FORGIVENESS FOR FEDERAL DEFENDERS.

    Section 465(a)(2)(F) of the Higher Education Act of 1965 (20 U.S.C. 
1087ee(a)(2)(F)) is amended by inserting before the semicolon the 
following: ``, or as a full-time Federal defender attorney employed in 
a defender organization established under 3006A(g) of title 18, United 
States Code''.

SEC. 206. LAW CLERK LOAN DEFERMENT.

    (a) Federal Stafford Loans.--
            (1) Amendments to section 427.--Section 427(a) of the 
        Higher Education Act of 1965 (20 U.S.C. 1077(a)) is amended--
                    (A) in paragraph (3)(B), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (4), by striking the period and 
                inserting ``; and''; and
                    (C) by inserting at the end the following:
            ``(5) in the case of a borrower who is serving as a full-
        time judicial law clerk in a court as defined under section 610 
        of title 28, United States Code, or appointed under section 675 
        of that title, payment of the unpaid principal balance and 
        interest on a federally insured student loan may be deferred 
not in excess of 3 years.''.
            (2) Amendments to section 428.--Section 428(b)(1)(M) of the 
        Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is 
        amended--
                    (A) in clause (i)(I), by striking ``or'' after the 
                semicolon;
                    (B) in subclause (II), by striking the comma and 
                inserting ``; or''; and
                    (C) by inserting at the end the following:
                                    ``(III) is serving as a full-time 
                                judicial law clerk in a court as 
                                defined under section 610 of title 28, 
                                United States Code, or a law clerk 
                                appointed under section 675 of that 
                                title.''.
    (b) Direct Loans.--Section 455(f)(2)(A) of the Higher Education Act 
of 1965 (20 U.S.C. 1087e(f)(2)(A)) is amended--
            (1) in clause (i), by striking ``or'' after the semicolon;
            (2) in clause (ii), by striking the comma and inserting ``; 
        or''; and
            (3) by inserting at the end the following:
                            ``(iii) is serving as a full-time judicial 
                        law clerk, in a court as defined under section 
                        610 of title 28, United States Code, or a law 
                        clerk appointed under section 675 of that 
                        title,''.
    (c) Federal Perkins Loans.--Section 464(c)(2)(A) of the Higher 
Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended--
            (1) in clause (iii), by striking ``or'' after the 
        semicolon;
            (2) in clause (iv), by inserting ``or'' after the 
        semicolon; and
            (3) by inserting at the end the following:
            ``(v) not in excess of 3 years during which the borrower is 
        serving as a full-time judicial law clerk in a court as defined 
        under section 610 of title 28, United States Code, or a law 
        clerk appointed under section 675 of that title;''.
    (d) Effective Date.--The amendments made by this section shall 
apply to--
            (1) loans made after July 1, 1998; and
            (2) employment as a judicial clerk that occurs on or after 
        the date of enactment of this Act.

SEC. 207. 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. 208. TRANSPORTATION AND SUBSISTENCE FOR CRIMINAL JUSTICE ACT 
              DEFENDANTS.

    Section 4285 of title 18, United States Code, is amended--
            (1) in the first sentence, by striking ``to appear before 
        the required court'';
            (2) by striking ``to the place where his appearance is 
        required,'' and inserting ``(1) to the place where each 
        appearance is required and (2) to return to the place of his 
        arrest or bona fide residence,'';
            (3) by inserting ``during travel'' after ``subsistence 
        expenses''; and
            (4) by striking ``to his destination,'' and inserting ``to 
        his destination and during any proceeding at which his 
        appearance is required,''.

SEC. 209. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.

    Section 3006A(d)(2) 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. 210. MAXIMUM AMOUNTS OF COMPENSATION FOR SERVICES OTHER THAN 
              COUNSEL.

    Section 3006A(e) 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) in the first sentence by striking 
        ``$1,000'' and inserting ``$1,600''.

SEC. 211. EXCESS COMPENSATION DELEGATION AUTHORITY.

    (a) Waiving Maximum Amounts.--Section 3006A(d)(3) of title 18, 
United States Code, is amended in the second sentence by striking 
``circuit judge'' and inserting ``or senior circuit judge, or to an 
appropriate nonjudicial officer qualified by training and legal 
experience. In any case in which the delegate judge or nonjudicial 
officer reduces the excess payment certified by the court, the claimant 
may seek review by the chief judge''.
    (b) Maximum Amounts.--Section 3006A(e)(3) of title 18, United 
States Code, is amended in the second sentence by striking ``circuit 
judge'' and inserting ``or senior circuit judge, or to an appropriate 
nonjudicial officer qualified by training and legal experience. In any 
case in which the delegate judge or nonjudicial officer reduces the 
excess payment certified by the court, the claimant may seek review by 
the chief judge''.
    (c) Controlled Substances Cases.--Section 408(q)(10)(B) of the 
Controlled Substances Act (21 U.S.C. 848(q)(10)(B)) is amended in the 
second sentence by striking ``circuit judge'' and inserting ``or senior 
circuit judge, or to an appropriate nonjudicial officer qualified by 
training and legal experience. In any case in which the delegate judge 
or nonjudicial officer reduces the excess payment certified by the 
court, the claimant may seek review by the chief judge''.

SEC. 212. 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 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 
or encumbrance against the real or personal property of a Federal 
judge, knowing or having reason to know that such lien or encumbrance 
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 5 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 10 years, or both.
    ``(b) In this section, the term `Federal judge' means a justice or 
judge of the United States as defined under 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, District 
Court of Guam, District Court of the Northern Mariana Islands, or 
District Court of the Virgin Islands.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 73 of title 18, United States Code, is amended by adding at the 
end the following:

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

SEC. 213. 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) striking ``the court'' and inserting ``the 
                judicial council''; and
            (2) in subsection (b), by striking ``court'' each place it 
        appears and inserting ``judicial council''.

SEC. 214. JUDICIAL BRANCH SECURITY REQUIREMENTS.

    Section 604(a) of title 28, United States Code, is amended--
            (1) by redesignating paragraphs (22) through (24) as 
        paragraphs (23) through (25), respectively; and
            (2) by inserting after paragraph (21) the following:
            ``(22) After consultation with the United States Marshals 
        Service, and others if necessary, determine the security 
        requirements for the Judicial Branch;''.

SEC. 215. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL JUDGES LIFE 
              INSURANCE.

    (a) Bankruptcy Judges.--Section 153 of title 28, United States 
Code, is amended by adding at the end the following:
    ``(d) For purposes of construing and applying chapter 87 of title 
5, including any adjustment of insurance rates by regulation or 
otherwise, a bankruptcy judge of the United States in regular active 
service or who is retired under section 377 of this title shall be 
deemed to be a judge of the United States described under section 
8701(a)(5) of title 5.''.
    (b) United States Magistrate Judges.--Section 634(c) of title 28, 
United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
            ``(2) For purposes of construing and applying chapter 87 of 
        title 5, including any adjustment of insurance rates by 
        regulation or otherwise, a magistrate judge of the United 
        States in regular active service or who is retired under 
        section 377 of this title shall be deemed to be a judge of the 
        United States described under section 8701(a)(5) of title 5.''.
    (c) Territorial Judges.--
            (1) Guam.--Section 24 of the Organic Act of Guam (48 U.S.C. 
        1424b) is amended by adding at the end the following:
    ``(c) For purposes of construing and applying chapter 87 of title 
5, including any adjustment of insurance rates by regulation or 
otherwise, a judge appointed under this section who is in regular 
active service or who is retired under section 373 of this title shall 
be deemed to be a judge of the United States described under section 
8701(a)(5) of title 5.''.
            (2) Commonwealth of the northern mariana islands.--The 
        first section of the Act of November 8, 1977 (48 U.S.C. 1821; 
        Public Law 95-157; 91 Stat. 1265) is amended in subsection (b) 
        by adding at the end the following:
            ``(5) For purposes of construing and applying chapter 87 of 
        title 5, including any adjustment of insurance rates by 
        regulation or otherwise, a judge appointed under this section 
        who is in regular active service or who is retired under 
        section 373 of this title shall be deemed to be a judge of the 
        United States described under section 8701(a)(5) of title 5.''.
            (3) Virgin islands.--Section 24(a) of the Revised Organic 
        Act of the Virgin Islands (48 U.S.C. 1614(a)) is amended--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following:
            ``(2) For purposes of construing and applying chapter 87 of 
        title 5, including any adjustment of insurance rates by 
        regulation or otherwise, a judge appointed under this section 
        who is in regular active service or who is retired under 
        section 373 of this title shall be deemed to be a judge of the 
        United States described under section 8701(a)(5) of title 5.''.

SEC. 216. HEALTH INSURANCE FOR SURVIVING FAMILY AND SPOUSES OF JUDGES.

    Section 8901(3) of title 5, United States Code, is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                    ``(E) a member of a family who is a survivor of--
                            ``(i) a Justice or judge of the United 
                        States, as defined under section 451 of title 
                        28, United States Code;
                            ``(ii) a judge of the District Court of 
                        Guam, the District Court of the Northern 
                        Mariana Islands, or the District Court of the 
                        Virgin Islands;
                            ``(iii) a judge of the United States Court 
                        of Federal Claims; or
                            ``(iv) a United States bankruptcy judge or 
                        a full-time United States magistrate judge;''.
                                 <all>