[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[House]
[Pages H6851-H6854]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FEDERAL COURTS IMPROVEMENT ACT OF 2002

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 4125) to make improvements in the operation and 
administration of the Federal courts, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 4125

       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. 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. 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.
Sec. 302. Clerical amendments.

                 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 one 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. 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

[[Page H6852]]

     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'' 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''.

[[Page H6853]]

     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.''.

     SEC. 302. CLERICAL AMENDMENTS.

       Section 332 of title 28, United States Code, is amended--
       (1) in subsection (a)(3), by striking ``371(f)(1)'' and 
     inserting ``371(e)(1)'';
       (2) by striking the second subsection designated ``(h)''; 
     and
       (3) in subsection (f)(4), by striking ``, United States 
     Code''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Pennsylvania (Mr. 
Holden) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and to include extraneous material on H.R. 4125, the bill 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this bill is necessary for the proper functioning of the 
Federal court system. The legislation addresses various judicial 
process matters, as well as personnel and compensation issues. I will 
briefly mention a few of the major provisions included in this 
legislation.
  The bill makes changes in places of holding court in order to 
alleviate hardships placed upon parties, jurors, lawyers, and judges 
that must otherwise travel great distances to participate. This will 
have a positive impact on the administration of justice.
  The bill will permit judges to submit annual summary reports on 
wiretap orders acted on during the previous calendar year, such as 
prosecutors do. This change would simplify the reporting requirements 
for the judges and their staffs without affecting the accuracy or 
timeliness of the reporting required by statute.
  The bill gives territorial judges in the District Courts of Guam, the 
Northern Mariana Islands, and the Virgin Islands comparable retirement 
arrangements as other judges.
  The bill includes the judicial branch personnel in the Organ Donor 
Leave Program, and provides Federal judges with protection against the 
malicious recording of fictitious liens.
  The manager's amendment makes only noncontroversial technical 
changes.
  Section 101 is amended to clarify that bankruptcy administrators in 
North Carolina and Alabama have the same authority as U.S. trustees to 
appoint bankruptcy case trustees, standing trustees, examiners, and 
committees of creditors and equity security holders. It also corrects 
several highly technical drafting errors.
  Finally, Mr. Speaker, section 204 authorizes the Director of the 
Administrative Office to establish a program of benefits not currently 
authorized by law. The Judicial Conference request for this authority 
is based on the conclusion that the health benefits provided for 
employees of the judicial

[[Page H6854]]

branch need to be upgraded to attract and retain employees in future 
years.
  The Administrative Office intends to expand an existing cafeteria 
health benefit plan by adding a dental benefits program to it. The 
judiciary currently provides health benefit programs which involve the 
use of employee compensation contributions to medical savings accounts 
and long-term disability accounts. These health care costs can then be 
paid with pretax dollars. The dental program will require appropriated 
funds, and enactment of section 204 will allow the judiciary to seek 
funding for it from the Committee on Appropriations.
  The authority provided in section 204 is not intended to provide 
open-ended discretion to the Director of the Administrative Office to 
establish benefit programs. The Committee on the Judiciary and 
Committee on Government Reform will exercise their oversight 
responsibility on this program. Also, the Committee on Appropriations 
will have a significant role to play as appropriations are requested to 
continue and expand judiciary employee benefits in the future.
  I am assured that the Judicial Conference will work closely with the 
Congress as these programs progress in future years.
  Mr. Speaker, H.R. 4125 will greatly assist the Federal courts in 
their operation. This is noncontroversial legislation, and I urge my 
colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HOLDEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4125, the Federal Courts 
Improvement Act of 2002. H.R. 4125 is a noncontroversial bill that will 
contribute to judicial efficiency and promote the sound management of 
the judicial branch.
  H.R. 4125 and its predecessor have been fully considered by the 
Committee on the Judiciary. On July 17, 2001, the Subcommittee on 
Courts, the Internet, and Intellectual Property of the Committee on the 
Judiciary held a legislative hearing on H.R. 2522, the precursor to 
H.R. 4125. Based on testimony received at the hearing and subsequent 
reaction, the subcommittee chairman, the gentleman from North Carolina 
(Mr. Coble), and the ranking member, the gentleman from California (Mr. 
Berman), introduced a clean bill, H.R. 4125, devoid of all 
controversial items.
  On May 2, the subcommittee conducted a markup of H.R. 4125. On 
September 10, 2002, the full Committee on the Judiciary held a markup, 
adopted several amendments, and reported H.R. 4125 favorably.

                              {time}  1700

  The version of H.R. 4125 before the House today contains several 
amendments to the version reported by the Committee on the Judiciary. 
Most of these amendments are technical but one is substantive. The 
amendments in section 101 ensure that the bankruptcy administrators 
have the same powers as bankruptcy trustees, no more and no less. With 
these amendments and those made during the committee consideration, I 
believe that H.R. 4125 has been rendered wholly noncontroversial.
  H.R. 4125 contains a variety of noteworthy provisions, but I wish to 
highlight one in particular. Section 301 states that the Judicial 
Conference of the U.S. Courts should take certain steps to protect the 
privacy of judges and judicial employees. Namely, the Judicial 
Conference should ensure that the Administrative Office of the U.S. 
Courts does not intercept electronic communications of judges and 
judicial employees without authorization from the Judicial Conference.
  I fully support H.R. 4125 and encourage my colleagues to do the same.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Gilchrest). The question is on the 
motion offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that 
the House suspend the rules and pass the bill, H.R. 4125, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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