[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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