[House Report 107-700]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-700

======================================================================



 
                 FEDERAL COURTS IMPROVEMENT ACT OF 2002

                                _______
                                

 September 30, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4125]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 4125) to make improvements in the operation and 
administration of the Federal courts, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     7
Background and Need for the Legislation..........................     7
Hearings.........................................................     8
Committee Consideration..........................................     8
Vote of the Committee............................................     8
Committee Oversight Findings.....................................     8
Performance Goals and Objectives.................................     8
New Budget Authority and Tax Expenditures........................     8
Congressional Budget Office Cost Estimate........................     8
Constitutional Authority Statement...............................    12
Section-by-Section Analysis and Discussion.......................    12
Changes in Existing Law Made by the Bill, as Reported............    16
Markup Transcript................................................    35

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Section 1. Short title; table of contents.

                 TITLE I--JUDICIAL PROCESS IMPROVEMENTS

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

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

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

                    TITLE III--ADDITIONAL PROVISIONS

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

                 TITLE I--JUDICIAL PROCESS IMPROVEMENTS

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

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

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

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

SEC. 103. CONDITIONS OF PROBATION AND SUPERVISED RELEASE.

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

SEC. 104. REPORTING OF WIRETAP ORDERS.

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

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

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

SEC. 106. AUTHORITY OF DISTRICT COURTS REGARDING JURORS.

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

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

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

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

        and
            (B) by striking ``State or'' and inserting ``Federal, 
        State, or''.
    (2) The item relating to section 982 in the table of sections for 
chapter 49 of title 10, United States Code, is amended to read as 
follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 202. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS.

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

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

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

SEC. 204. SUPPLEMENTAL BENEFITS PROGRAM.

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

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

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

SEC. 206. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.

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

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

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

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

    (a) In General.--Chapter 73 of title 18, United States Code, is 
amended by adding at the end thereof the following:

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

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

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

SEC. 209. APPOINTING AUTHORITY FOR CIRCUIT LIBRARIANS.

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

                    TITLE III--ADDITIONAL PROVISIONS

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

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

                          Purpose and Summary

    H.R. 4125, the ``Federal Courts Improvement Act of 2002,'' 
contains several provisions that are needed to improve the 
Federal court system. The bill affects a wide range of judicial 
branch programs and operations. It addresses judicial financial 
administration, judicial process improvements, judiciary 
personnel administration, and benefits and protections.

                Background and Need for the Legislation

    H.R. 4125, the ``Federal Courts Improvement Act of 2002,'' 
was introduced on April 10, 2002, at the request of the 
Judicial Conference of the United States.
    Periodically, the Judicial Conference submits to the 
Congress proposals that it believes are necessary to improve 
the Federal court system. The Judicial Conference is the 
policy-making body of the Federal judiciary, and through a 
committee system evaluates court operations. The circuit 
judicial councils of the regional districts also have statutory 
responsibility for certain administrative and operational 
matters within the system. Most of the provisions of H.R. 4125 
were developed within the judiciary and approved by the 
Judicial Conference.
    The provisions contained in H.R. 4125 address 
administrative, financial, personnel, organizational and 
technical changes that are needed by the article III Federal 
courts and their supporting agencies. These provisions are 
designed to have a positive impact on the operations of the 
Federal courts and enhance the delivery of justice in the 
Federal system.

                                Hearings

    On July 17, 2001, the Subcommittee on Courts, the Internet, 
and Intellectual Property held a legislative hearing on H.R. 
2522, the precursor to H.R. 4125. H.R. 2522 contains all of the 
recommendations developed by the Judicial Conference for 
consideration by the 107th Congress. H.R. 4125 is devoid of 
certain provisions in H.R. 2522. Testimony was received from 
the Honorable Deanell R. Tacha, Chief Judge of the United 
States Court of Appeals for the Tenth Circuit.

                        Committee Consideration

    On May 2, 2002, the Subcommittee on Courts, the Internet, 
and Intellectual Property met in open session and ordered 
favorably reported the bill H.R. 4125, as amended, by voice 
vote, a quorum being present. On September 10, 2002, the 
Committee met in open session and ordered favorably reported 
the bill H.R. 4125, with amendment, by voice vote, a quorum 
being present.

                         Vote of the Committee

    There were no recorded votes on H.R. 4125.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                    Performance Goals and Objectives

    H.R. 4125 does not authorize funding. Therefore, clause 
3(c) of rule XIII of the Rules of the House of Representatives 
is inapplicable.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to H.R. 4125, the following estimate and comparison 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 30, 2002.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4125, the Federal 
Courts Improvement Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Lanette J. 
Walker (for Federal costs), who can be reached at 226-2860, 
Angela Seitz (for the State and local impact), who can be 
reached at 225-3220, and Paige Piper/Bach (for the private-
sector impact), who can be reached at 226-2940.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 4125--Federal Courts Improvement Act of 2002.

                                SUMMARY

    H.R. 4125 would make numerous operational and 
administrative changes to the Federal court system, and would 
authorize the judiciary to provide a supplemental payment to 
jurors who serve on a trial more than 5 days and to establish 
additional employee benefits programs. CBO estimates that 
implementing H.R. 4125 would cost $14 million in 2003 and $85 
million over the 2003-2007 period, subject to appropriation of 
the necessary funds.
    Because the salaries and benefits of certain Federal judges 
and Supreme Court justices are considered mandatory, 
authorizing additional benefits for these employees would 
increase direct spending. However, CBO estimates that those 
effects would be negligible in each year over the 2003-2007 
period.
    H.R. 4125 contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA), but CBO estimates 
the costs would be small and would not exceed the threshold 
established in the act ($58 million in 2002, adjusted annually 
for inflation).
    H.R. 4125 would impose a private-sector mandate, as defined 
by UMRA, by eliminating the automatic exemption from Federal 
jury service now granted to military personnel, police 
officers, firefighters, and certain public officials. CBO 
estimates that the direct cost of the mandate would fall well 
below the annual threshold established by UMRA for private-
sector mandates ($115 million in 2002, adjusted annually for 
inflation).

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 4125 is shown in the 
following table. The costs of this legislation fall within 
budget function 750 (administration of justice).


                           BASIS OF ESTIMATE

    For purposes of this estimate, CBO assumes that H.R. 4125 
will be enacted near the beginning of fiscal year 2003, and 
that the necessary amounts will be appropriated for each fiscal 
year.
Spending Subject to Appropriation
    Section 109 would allow jurors who serve more than 5 days 
on a Federal trial to be eligible for a $10 supplemental 
payment in addition to the daily payment of $40 per juror. 
Under current law, only those jurors who serve on trials over 
30 days are eligible to receive the supplemental payment. Based 
on information from the Administrative Office of the United 
States Courts (AOUSC), the courts compensate jurors for about 
340,000 days served each year. About half of all trial days are 
served on trials over 5 days and very few jurors serve more 
than 30 days. CBO estimates that implementing this provision 
would cost roughly $2 million each year over the 2003-2007 
period to expand the eligibility of the supplemental payment to 
jurors. Costs would be subject to the availability of 
appropriated funds.
    Section 204 would allow the judiciary to provide federally 
subsidized employee benefits that are more generous than 
benefits authorized under current law. Based on information 
from the AOUSC, CBO expects that the judiciary would implement 
a cafeteria-style benefits program. Under the program, the 
judiciary would contribute up to $500 per employee and the 
employee would be allowed to tailor the plan to their 
individual needs; choosing from a variety of benefits including 
dental insurance, vision insurance, short- and long-term 
disability insurance, or expanded commuter subsidies.
    Based on information from the AOUSC, CBO expects that 
dental insurance would be provided in the first year with 
additional options added in future years. The judiciary employs 
about 31,000 individuals each year and CBO expects that the 
rate at which those employees participate in the dental plan 
would be similar for Government-wide participation rates in the 
Federal Employee Health Benefits program. Assuming an initial 
participation rate of about 75 percent, the first-year cost 
would be about $12 million. We also expect that nearly all 
employees would participate in the cafeteria-style program by 
2005 as additional options are added to the program, bringing 
the annual cost to about $16 million in that year. Assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing section 204 would cost $75 million over the 2003-
2007 period to expand the employee benefits program.
Direct Spending
    Section 204 would allow certain Federal judges and justices 
to participate in any additional benefits programs offered by 
the judiciary. Because the salaries and benefits of certain 
Federal judges and Supreme Court justices are considered 
mandatory, the Federal cost of more generous benefit programs 
would increase direct spending. CBO expects that participation 
rates for judges and justices would be similar to other 
judicial employees and we estimate that additional direct 
spending as a result of section 240 would not be significant in 
any year over the 5-year period because of the limited benefit 
the AOUSC is likely to offer.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    This bill would remove the exemption from Federal jury duty 
that currently exists for employees of fire and police 
departments and public officials. Under current law, employers 
are prohibited from firing, intimidating, or coercing employees 
who are called to serve on a Federal jury. Removing the 
exemption would extend this mandate to State and local 
governments the employ the workers newly eligible for jury 
duty. State and local governments would incur direct costs only 
to the extent that they would be required to replace employees 
serving on a jury, in order to maintain full staffing levels. 
CBO estimates the costs would not be significant and, thus, 
would be well below the threshold established by UMRA ($58 
million in 2002, adjusted annually for inflation).

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    H.R. 4125 would impose a private-sector mandate by 
eliminating the exemption from Federal jury service now granted 
to military personnel, police officers, firefighters, and 
certain public officials. The bill would require such 
individuals to, if selected, serve on grand and petit juries in 
United States District Courts. The direct cost of the mandate 
would be loss of net income from those individuals who would 
have to take the daily jury duty payment rather than their 
normal salary. According to the AOUSC, individuals currently 
exempt from jury service would most likely receive their 
regular salary rather than the jury pay if selected for jury 
duty. Further, according to the AOUSC, current exempt 
individuals made up roughly 1 percent of the population 
eligible for Federal jury duty and few of those individuals 
would be selected for service. Therefore, CBO estimates that 
the direct cost of the mandate would fall well below the annual 
threshold for private-sector mandates ($115 million in 2002, 
adjusted annually for inflation).

                         ESTIMATE PREPARED BY:

Federal Costs: Lanette J. Walker (226-2860)
Impact on State, Local, and Tribal Governments: Angela Seitz 
    (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of the rule XIII of the Rules of 
the House of Representatives, the Committee finds the authority 
for this legislation in article III, section 1of the 
Constitution.

               Section-by-Section Analysis and Discussion

    Sec. 1. Short Title; Table of Contents. This section states 
that this Act may be cited at the ``Federal Courts Improvement 
Act of 2002.''
    Section 101:Bankruptcy Administrator Authority to Appoint 
Trustees, Examiners, and Committee of Creditors. This section 
provides statutory authority for bankruptcy administrators in 
Alabama and North Carolina to appoint bankruptcy case trustees, 
standing trustees, examiners, and committees of creditors and 
equity security holders, as is done in the rest of the country 
by U.S. trustees. Bankruptcy administrators would also be 
empowered to fix standing trustees's maximum annual 
compensation and percentage fees. Both changes would further 
one of the central goals of the Bankruptcy Reform Act of 1978, 
which is to free bankruptcy judges from an administrative role 
in their cases.
    This section also would authorize bankruptcy administrators 
to serve as trustees in bankruptcy cases when necessary. 
Bankruptcy administrators would be granted the same authority 
to serve as trustees in Chapter 7 cases as United States 
trustees. Like United States trustees, bankruptcy 
administrators could serve as case trustees in Chapter 12 and 
Chapter 13 cases and, like assistant United States trustees, as 
standing trustees.
    Section 102: Change in Composition of Divisions of Eastern 
District of Texas. This amendment would implement the March 
1991 Judicial Conference proposal to designate Plano, Texas, as 
a place of holding court in the Eastern District of Texas. It 
also realigns the divisions of the U.S. District Court for the 
Eastern District of Texas to reflect the closing of the 
courthouse in Denton County. The Paris division is eliminated 
and its counties redistributed among the other divisions of the 
court. In addition, the provision clarifies that court for the 
Eastern District of Texas and the Western District of Arkansas 
may be held anywhere in the Federal Courthouse which sits 
astride the Texas-Arkansas State line.
    Section 103: Conditions of Probation and Supervised 
Release. In 1984, Congress provided that if the court in a 
felony case sentences the defendant to probation, that 
sentence, absent extraordinary circumstances, must include a 
requirement that the defendant also pay a fine, make 
restitution, or work in community service. Subsections (a) and 
(b) make technical amendments that ensure that two sections of 
title 18 governing discretionary conditions of probation are in 
conformity on this point.
    Subsection (b) also makes an amendment to the conditions of 
supervised release. Prior to 1996, intermittent confinement was 
available as a condition of probation, but not of supervised 
release. Experience since 1996 has demonstrated that this form 
of confinement (custody by the Bureau of Prisons during nights, 
weekends, or other intervals of time) is appropriate in certain 
circumstances. First, its use should be limited, as in the case 
of probation, to the first year of supervision. Second, it 
should be ordered only when Bureau of Prisons facilities are 
available to accommodate the individual in question. Third, it 
should be available only after the terms of supervised release 
are violated so as to be an option for the court less severe 
than a revocation of supervised release. Section (b) authorizes 
intermittent confinement as a condition of supervised release 
under these three circumstances.
    Subsection (c) amends the section providing for 
intermittent confinement to clarify that its provisions, 
including the temporal limitations on its imposition, apply to 
supervised release as well as to probation.
    Section 104: Reporting of Wiretap Orders. Currently, 18 
U.S.C. Sec. 2519(1) requires that Federal and State judges 
submit a report to the Administrative Office of the U.S. Courts 
no later than 30 days after the expiration of an approved 
order, or the denial of an order, for a wiretap. In contrast, 
Federal and State prosecutors submit only one report which 
summarizes their previous year activity.
    Section 104 would permit judges to submit annual summary 
reports on wiretap orders acted on during the previous calendar 
year, just 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 the statute.
    Section 105: Clarifying the Scope of Diversity of 
Citizenship for Resident Aliens. This section amends Sec. 1332 
of title 28 to clarify the scope of diversity of citizenship 
jurisdiction in disputes involving aliens admitted to the 
United States as permanent residents (``resident aliens''). 
Congress added a proviso to section 1332 in 1988 (Judicial 
Improvements Act) to ``deem'' an alien admitted for permanent 
residence as a citizen of the State in which the alien is 
domiciled with the specific purpose of denying Federal 
jurisdiction in suits between a citizen of a State and an alien 
permanently residing in the same State. However, the proviso's 
deeming language has been interpreted as applying to other 
litigation circumstances involving aliens. Thus, the Judicial 
Conference proposes this amendment to resolve conflicting 
interpretations of the resident alien proviso in Sec. 1332.
    Section 106: Authority of District Courts Regarding Jurors. 
This section would amend 28 U.S.C. Sec. 1866(g) to clarify that 
a court may, but is not required to, follow up on individuals 
who do not respond to the jury selection process. The provision 
will allow a court to take appropriate action against those who 
do not respond to a jury summons, but leaves the decision of 
how to handle non-responders to the discretion of each court.
    Section 107: Deletion of Automatic Excuse from Jury Service 
for Members of the Armed Forces, Members of Fire and Police 
Departments, and Public Officers. This section eliminates two 
categories of exemptions from jury service: (1) members of 
State and local fire or police departments; and (2) ``public 
officers'' of Federal and State governments.
    The Department of Defense currently may authorize the 
exemption of members of the Armed Services from State and local 
jury service. Section 982 of Title 10 United States Code, 
specifies that members on active military duty may not be 
required to serve on a State or local jury if the Department of 
Defense determines that such service would ``unreasonably 
interfere'' with their military duties or would ``adversely 
affect the readiness'' of their unit or command. Subsection (c) 
expands this authority of the Department of Defense to include 
Federal jury service.
    Section 108: Elimination of the Public Drawing Requirements 
for Selection of Juror Wheels. This section eliminates the 
noticing and public drawing requirements for selecting names 
from jury wheels. This section would eliminate the requirement 
to post a separate notice for each drawing from the master and 
qualified wheels, as well as the requirement to draw names 
publicly and/or to post public notices. Instead, one general 
notice will be posted in the clerk's office that explains the 
process by which names are randomly and periodically drawn from 
the wheels.
    Section 109: Supplemental Attendance Fee for Petit Jurors 
Serving on Lengthy Trials. Section 109 shortens the number of 
days that a juror is required to serve before he or she is 
eligible for the supplemental daily fee ($10) authorized 
pursuant to 28 U.S.C. Sec. 1871. This change acknowledges the 
hardships encountered when serving on a jury for an extended 
period of time.
    Section 110: Change in Composition of Divisions in Western 
District of Tennessee. Section 110 switches Dyer County, 
Tennessee, as a component of the Western (judicial) District of 
Tennessee, to the Eastern District. The change is being made as 
an accommodation to the affected litigants and attorneys, who 
currently experience travel hardships under the present 
District structure.
    Section 111: Place of Holding Court in the Southern 
District of Ohio. This amendment establishes St. Clairsville as 
a place of holding court in the Southern District of Ohio. St. 
Clairsville is more conveniently located for parties, 
attorneys, and jurors. Also, local courtroom space is available 
for use.
    Section 112: Place of Holding Court in the Northern 
District of New York. This amendment establishes Plattsburgh as 
a place of holding court in the Northern District of New York. 
Due to increased security along the border, it is expected that 
the number of criminal cases will increase substantially. This 
will enable the prompt prosecution of cases. A Federal building 
is available for use.
    Section 201:Disability Retirement and Cost-of-Living 
Adjustments of Annuities for Territorial Judges. This section 
gives territorial judges in the district courts of Guam, the 
Northern Mariana Islands, and the Virgin Islands comparable 
retirement arrangements as other judges.
    Section 202: Federal Judicial Center Personnel Matters. 
This amendment would restore the parity in the salary levels of 
the Federal Judicial Center's senior staff and that of the 
Administrative Office of the United States Courts by 
authorizing the Director of the Center to set the compensation 
of a limited number of Center professional employees at levels 
equivalent to Level IV of the Executive Schedule pay rates. The 
proposed language would limit the Federal Judicial Center to 
increase in four positions. The amendment also corrects a 
misspelling in the original statute.
    Section 203: Annual Leave Limit for Judicial Branch 
Executives. This provision amends Sec. 6304(f) of title 5, 
United States Code, in order to exempt court unit executive 
positions designated by the Judicial Conference from the 
provisions of the Leave Act that prevent most Federal employees 
from carrying over more than 240 hours of annual leave from 1 
year to the next. Instead, it would make applicable to court 
unit executives the 720 hour maximum carry over amount of 
annual leave that has already been established for members of 
the Executive Branch's Senior Executive Services.
    Section 204: Supplemental Benefits Program. Section 204 
authorizes the judiciary to provide its employees with a 
benefits package that is more competitive with those already 
provided throughout the private sector, State governments, 
colleges and universities, and the banking agencies in the 
executive branch. The Federal Reserve, the Office of the 
Comptroller of the Currency, and the Federal Deposit Insurance 
Corporation recognized the need to improve benefits and were 
granted authority by Congress to offer these same enhanced 
benefits.
    Section 205: Inclusion of Judicial Branch Personnel in 
Organ Donor Leave Program. Section 205 extends the application 
of the Organ Donor Leave Act to the judicial branch, thereby 
entitling a participant to paid leave as an organ donor for 30 
days each calendar year. The statute currently applies only to 
executive branch employees.
    Section 206:Maximum Amounts of Compensation for Attorneys. 
This section increases the case compensation maximum amounts 
for attorneys by approximately the rate of inflation since 1986 
(44%), the last year case compensation maximums were increased. 
This section also changes the case compensation maximum 
applicable to counsel representing non-capital habeas corpus 
petitioners.
    Section 207: Maximum Amounts of Compensation for Services 
Other than Counsel. This section increases the compensation 
maximums of investigators, experts, and other service providers 
by approximately the rate of inflation since 1986 (44%), the 
last year case compensation maximums were increased.
    Section 208: Protection Against Malicious Recording of 
Fictitious Liens Against Federal Judges. In recent years, 
members of the Federal judiciary have been victimized by 
persons seeking to intimidate or harass them by filing false 
liens against a judge's real or personal property, normally in 
response to an adverse and unrelated legal proceeding over 
which the judge presided. The current system used to dismiss 
the liens--invoking the services of assistant U.S. Attorneys--
has not led to expeditious results, in large part because suits 
are often brought in State court and sometimes later removed to 
Federal court. Therefore, section 208 creates a new criminal 
sanction of up to 5 years as a deterrent to such behavior.
    Section 209: Appointing Authority for Circuit Librarians. 
This section amends the appointing authority of the circuit 
librarian from the appellate court to the circuit judicial 
council. This change will reflect the transformation of the 
appellate library program into its current role of providing 
circuit-wide services.
    Section 301: Monitoring of Communications of Officers and 
Employees of Judicial Branch. This section urges the Judicial 
Conference to safeguard the privacy of officers and employees 
of the judicial branch by ensuring that the Administrative 
Office of the U.S. Courts does not intercept their electronic 
communications unless the interception is pursuant to: (1) a 
law enforcement investigation; (2) prior authorization by the 
Judicial Conference (or its executive committee); or (3) a 
policy adopted by the Judicial Conference setting forth the 
procedures under which such interception may be authorized. The 
amendment also urges the Judicial Conference to ensure that any 
information obtained pursuant to an authorized interception be 
used solely for the purposes for which the interception is 
authorized.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

TITLE 28, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--ORGANIZATION OF COURTS

           *       *       *       *       *       *       *


CHAPTER 5--DISTRICT COURTS

           *       *       *       *       *       *       *


Sec. 83. Arkansas

    Arkansas is divided into two judicial districts to be known 
as the Eastern and Western Districts of Arkansas.

                            Eastern District

    (a) * * *

           *       *       *       *       *       *       *


                            Western District

    (b) The Western District comprises six divisions.
            (1) The Texarkana Division comprises the counties 
        of Hempstead, Howard, Lafayette, Little River, Miller, 
        Nevada, and Sevier.
            Court for the Texarkana Division shall be held at 
        Texarkana, and may be held anywhere within the Federal 
        courthouse in Texarkana that is located astride the 
        State line between Texas and Arkansas.

           *       *       *       *       *       *       *


Sec. 112. New York

    New York is divided into four judicial districts to be 
known as the Northern, Southern, Eastern, and Western Districts 
of New York.

                           Northern District

    (a) The Northern District comprises the counties of Albany, 
Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, 
Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, 
Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, 
Oswego, Otsego, Rensselaer, Saint Lawrence, Saratoga, 
Schenectady, Schoharie, Tioga, Tompkins, Ulster, Warren, and 
Washington.
    Court for the Northern District shall be held at Albany, 
Auburn, Binghamton, Malone, Syracuse, Utica, [and Watertown] 
Watertown, and Plattsburgh.

           *       *       *       *       *       *       *


Sec. 115. Ohio

    Ohio is divided into two judicial districts to be known as 
the Northern and Southern Districts of Ohio.

                           Northern District

    (a) * * *

           *       *       *       *       *       *       *


                           Southern District

    (b) The Southern District comprises two divisions.
            (1) * * *
            (2) The Eastern Division comprises the counties of 
        Athens, Belmont, Coshocton, Delaware, Fairfield, 
        Fayette, Franklin, Gallia, Guernsey, Harrison, Hocking, 
        Jackson, Jefferson, Knox, Licking, Logan, Madison, 
        Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, Perry, 
        Pickaway, Pike, Ross, Union, Vinton, and Washington.
            Court for the Eastern Division shall be held at 
        Columbus [and Steubenville], Steubenville, and St. 
        Clairsville.

           *       *       *       *       *       *       *


Sec. 123. Tennessee

    Tennessee is divided into three judicial districts to be 
known as the Eastern, Middle, and Western Districts of 
Tennessee.

                            Eastern District

    (a) * * *

           *       *       *       *       *       *       *


                            Western District

    (c) The Western District comprises two divisions.
            (1) The Eastern Division comprises the counties of 
        Benton, Carroll, Chester, Crockett, Decatur, Dyer, 
        Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, 
        Lake, McNairy, Madison, Obion, Perry, and Weakley.
            The Eastern Division also includes the waters of 
        Tennessee River to low-water mark on the eastern shore 
        wherever such river forms the boundary between the 
        western and middle districts from the north line of 
        Alabama north to the point in Henry County, Tennessee, 
        where the south boundary of Kentucky strikes the east 
        bank of the river.
            Court for the Eastern Division shall be held at 
        Jackson and Dyersburg.
            (2) The Western Division comprises the counties of 
        [Dyer,] Fayette, Lauderdale, Shelby, and Tipton.
            Court for the Western Division shall be held at 
        Memphis [and Dyersburg].

           *       *       *       *       *       *       *


Sec. 124. Texas

    Texas is divided into four judicial districts to be known 
as the Northern, Southern, Eastern, and Western Districts of 
Texas.

                           Northern District

    (a) * * *

           *       *       *       *       *       *       *


                            Eastern District

    (c) The Eastern District comprises seven divisions.
            (1) * * *

           *       *       *       *       *       *       *

            (3) The Sherman Division comprises the counties of 
        Collin, Cook, [Denton, and Grayson] Delta, Denton, 
        Fannin, Grayson, Hopkins, and Lamar.
            Court for the Sherman Division shall be held at 
        Sherman and Plano.
            [(4) The Paris Division comprises the counties of 
        Delta, Fannin, Hopkins, Lamar, and Red River.
            [Court for the Paris Division shall be held at 
        Paris.]
            [(5)] (4) The Marshall Division comprises the 
        counties of Camp, Cass, Harrison, Marion, Morris, and 
        Upshur.
            Court for the Marshall Division shall be held at 
        Marshall.
            [(6)] (5) The Texarkana Division comprises the 
        counties of Bowie, Franklin, Red River, and Titus.
            Court for the Texarkana Division shall be held at 
        Texarkana, and may be held anywhere within the Federal 
        courthouse in Texarkana that is located astride the 
        State line between Texas and Arkansas.
            [(7)] (6) The Lufkin Division comprises the 
        counties of Angelina, Houston, Nacogdoches, Polk, 
        Sabine, San Augustine, Shelby, Trinity, and Tyler.
            Court for the Lufkin Division shall be held at 
        Lufkin.

           *       *       *       *       *       *       *


CHAPTER 17--RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

           *       *       *       *       *       *       *


Sec. 373. Judges in territories and possessions

    (a) * * *

           *       *       *       *       *       *       *

    (c)(1) * * *

           *       *       *       *       *       *       *

    [(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 subsection (a) of this section) and 
the same allowances for travel and other expenses as a judge on 
active duty with the court being served.]
    (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.

           *       *       *       *       *       *       *

    [(e) 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 removed by the President of the 
United States upon the sole ground of mental or physical 
disability, or 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 he is then beyond the age of 
sixty-five years, (1) if his judicial service, continuous or 
otherwise, aggregates fifteen years or more, to receive during 
the remainder of his life an annuity equal to the salary he 
received when he left office, or (2) if his judicial service, 
continuous or otherwise, aggregated less than fifteen years but 
not less than ten years, to receive during the remainder of his 
life an annuity equal to that proportion of such salary which 
the aggregate number of his years of his judicial service bears 
to fifteen.]
    (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.

           *       *       *       *       *       *       *

    [(g) Any retired judge who is entitled to receive an 
annuity under subsection (a) shall be entitled to a cost of 
living adjustment in the amount payable to him 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 95 per centum of the salary of a 
United States district judge in regular active service.]
    (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.

           *       *       *       *       *       *       *


PART III--COURT OFFICERS AND EMPLOYEES

           *       *       *       *       *       *       *


CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

           *       *       *       *       *       *       *


Sec. 604. Duties of Director generally

    (a) The Director shall be the administrative officer of the 
courts, and under the supervision and direction of the Judicial 
Conference of the United States, shall:
            (1) * * *

           *       *       *       *       *       *       *

            (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;
            [(6)] (7) Determine and pay necessary office 
        expenses of courts, judges, and those court officials 
        whose expenses are by law allowable, and the lawful 
        fees of United States magistrate judges;
            [(7)] (8) Regulate and pay annuities to widows and 
        surviving dependent children of justices and judges of 
        the United States, judges of the United States Court of 
        Federal Claims, bankruptcy judges, United States 
        magistrate judges, Directors of the Federal Judicial 
        Center, and Directors of the Administrative Office, and 
        necessary travel and subsistence expenses incurred by 
        judges, court officers and employees, and officers and 
        employees of the Administrative Office, and the Federal 
        Judicial Center, while absent from their official 
        stations on official business, without regard to the 
        per diem allowances and amounts for reimbursement of 
        actual and necessary expenses established by the 
        Administrator of General Services under section 5702 of 
        title 5, except that the reimbursement of subsistence 
        expenses may not exceed that authorized by the Director 
        for judges of the United States under section 456 of 
        this title;
            [(8)] (9) Disburse appropriations and other funds 
        for the maintenance and operation of the courts;
            [(9)] (10) Establish pretrial services pursuant to 
        section 3152 of title 18, United States Code;
            [(10)] (11)(A) Purchase, exchange, transfer, 
        distribute, and assign the custody of lawbooks, 
        equipment, supplies, and other personal property for 
        the judicial branch of Government (except the Supreme 
        Court unless otherwise provided pursuant to paragraph 
        (17) ); (B) provide or make available readily to each 
        court appropriate equipment for the interpretation of 
        proceedings in accordance with section 1828 of this 
        title; and (C) enter into and perform contracts and 
        other transactions upon such terms as the Director may 
        deem appropriate as may be necessary to the conduct of 
        the work of the judicial branch of Government (except 
        the Supreme Court unless otherwise provided pursuant to 
        paragraph (17) ), and contracts for nonpersonal 
        services providing pretrial services, agencies for the 
        interpretation of proceedings, and for the provision of 
        special interpretation services pursuant to section 
        1828 of this title may be awarded without regard to 
        section 3709 of the Revised Statutes of the United 
        States (41 U.S.C. 5);
            [(11)] (12) Audit vouchers and accounts of the 
        courts, the Federal Judicial Center, the offices 
        providing pretrial services, and their clerical and 
        administrative personnel;
            [(12)] (13) Provide accommodations for the courts, 
        the Federal Judicial Center, the offices providing 
        pretrial services and their clerical and administrative 
        personnel;
            [(13)] (14) Lay before Congress, annually, 
        statistical tables that will accurately reflect the 
        business transacted by the several bankruptcy courts, 
        and all other pertinent data relating to such courts;
            [(14)] (15) Pursuant to section 1827 of this title, 
        establish a program for the certification and 
        utilization of interpreters in courts of the United 
        States;
            [(15)] (16) Pursuant to section 1828 of this title, 
        establish a program for the provision of special 
        interpretation services in courts of the United States;
            [(16)] (17)(A) In those districts where the 
        Director considers it advisable based on the need for 
        interpreters, authorize the full-time or part-time 
        employment by the court of certified interpreters; (B) 
        where the Director considers it advisable based on the 
        need for interpreters, appoint certified interpreters 
        on a full-time or part-time basis, for services in 
        various courts when he determines that such 
        appointments will result in the economical provision of 
        interpretation services; and (C) pay out of moneys 
        appropriated for the judiciary interpreters' salaries, 
        fees, and expenses, and other costs which may accrue in 
        accordance with the provisions of sections 1827 and 
        1828 of this title;
            [(17)] (18) In the Director's discretion, (A) 
        accept and utilize voluntary and uncompensated 
        (gratuitous) services, including services as authorized 
        by section 3102(b) of title 5, United States Code; and 
        (B) accept, hold, administer, and utilize gifts and 
        bequests of personal property for the purpose of aiding 
        or facilitating the work of the judicial branch of 
        Government, but gifts or bequests of money shall be 
        covered into the Treasury;
            [(18)] (19) Establish procedures and mechanisms 
        within the judicial branch for processing fines, 
        restitution, forfeitures of bail bonds or collateral, 
        and assessments;
            [(19)] (20) Regulate and pay annuities to 
        bankruptcy judges and United States magistrate judges 
        in accordance with section 377 of this title and 
        paragraphs (1)(B) and (2) of section 2(c) of the 
        Retirement and Survivors' Annuities for Bankruptcy 
        Judges and Magistrates Act of 1988;
            [(20)] (21) Periodically compile--
                    (A) * * *

           *       *       *       *       *       *       *

            [(21)] (22) Establish a program of incentive awards 
        for employees of the judicial branch of the United 
        States Government, other than any judge who is entitled 
        to hold office during good behavior;
            [(22)] (23) Receive and expend, either directly or 
        by transfer to the United States Marshals Service or 
        other Government agency, funds appropriated for the 
        procurement, installation, and maintenance of security 
        equipment and protective services for the United States 
        Courts in courtrooms and adjacent areas, including 
        building ingress/egress control, inspection of 
        packages, directed security patrols, and other similar 
        activities;
            [(23)] (24) Regulate and pay annuities to judges of 
        the United States Court of Federal Claims in accordance 
        with section 178 of this title; and
            [(24)] (25) Perform such other duties as may be 
        assigned to him by the Supreme Court or the Judicial 
        Conference of the United States.

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


CHAPTER 42--FEDERAL JUDICIAL CENTER

           *       *       *       *       *       *       *


Sec. 625. Director and staff

    (a) * * *
    (b) The Director shall appoint and fix the compensation of 
such additional professional personnel as the Board may deem 
necessary, without regard to the provisions of title 5[, United 
States Code,] governing appointments in competitive service, or 
the provisions of chapter 51 and subchapter III of chapter 53 
of such title, relating to classification and General Schedule 
pay rates: Provided, however, That the compensation of any 
person appointed under this subsection shall not exceed the 
annual rate of basic pay of level V of the Executive Schedule 
[pay rates, section 5316, title 5, United States Code] 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 provided 
further, That the salary of a reemployed annuitant under [the 
Civil Servive Retirement Act shall be adjusted pursuant to the 
provisions of section 8344, title 5, United States Code] 
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.
    (c) The Director shall appoint and fix the compensation of 
such secretarial and clerical personnel as he may deem 
necessary, subject to the provisions of title 5[, United States 
Code,] governing appointments in competitive service without 
regard to the provisions of chapter 51 and subchapter III of 
chapter 53 of such title, relating to classification and 
General Schedule pay rates.
    (d) The Director may procure personal services as 
authorized by section 3109 of title 5, [United States Code,] at 
rates not to exceed the daily equivalent of the highest rate 
payable under General Schedule pay rates[, section 5332, title 
5, United States Code] under section 5332 of title 5.

           *       *       *       *       *       *       *


CHAPTER 47--COURTS OF APPEALS

           *       *       *       *       *       *       *


Sec. 713. Librarians

    (a) [Each court of appeals] The judicial council of each 
circuit may appoint a librarian who shall be subject to removal 
by [the court] the judicial council.
    (b) The librarian, with the approval of the [court] 
judicial council, may appoint necessary library assistants in 
such numbers as the Director of the Administrative Office of 
the United States Courts may approve. The librarian may remove 
such library assistants with the approval of the [court] 
judicial council.

           *       *       *       *       *       *       *


PART IV--JURISDICTION AND VENUE

           *       *       *       *       *       *       *


CHAPTER 85--DISTRICT COURTS; JURISDICTION

           *       *       *       *       *       *       *


Sec. 1332. Diversity of citizenship; amount in controversy; costs

    (a) The district courts shall have original jurisdiction of 
all civil actions where the matter in controversy exceeds the 
sum or value of $75,000, exclusive of interest and costs, and 
is between--
            (1) * * *

           *       *       *       *       *       *       *

            (4) a foreign state, defined in section 1603(a) of 
        this title, as plaintiff and citizens of a State or of 
        different States.
            [For the purposes of this section, section 1335, 
        and section 1441, an alien admitted to the United 
        States for permanent residence shall be deemed a 
        citizen of the State in which such alien is domiciled.] 
        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.

           *       *       *       *       *       *       *


PART V--PROCEDURE

           *       *       *       *       *       *       *


CHAPTER 121--JURIES; TRIAL BY JURY

           *       *       *       *       *       *       *


Sec. 1863. Plan for random jury selection

    (a) * * *
    (b) Among other things, such plan shall--
            (1) * * *

           *       *       *       *       *       *       *

            [(6) specify that the following persons are barred 
        from jury service on the ground that they are exempt: 
        (A) members in active service in the Armed Forces of 
        the United States; (B) 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; (C) 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.]
            [(7)] (6) fix the time when the names drawn from 
        the qualified jury wheel shall be disclosed to parties 
        and to the public. If the plan permits these names to 
        be made public, it may nevertheless permit the chief 
        judge of the district court, or such other district 
        court judge as the plan may provide, to keep these 
        names confidential in any case where the interests of 
        justice so require.
            [(8)] (7) specify the procedures to be followed by 
        the clerk or jury commission in assigning persons whose 
        names have been drawn from the qualified jury wheel to 
        grand and petit jury panels.

           *       *       *       *       *       *       *


Sec. 1864. Drawing of names from the master jury wheel; completion of 
                    juror qualification form

    (a) From time to time as directed by the district court, 
the clerk or a district judge shall [publicly] draw at random 
from the master jury wheel the names of as many persons as may 
be required for jury service. 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. The clerk or jury commission may, upon 
order of the court, prepare an alphabetical list of the names 
drawn from the master jury wheel. Any list so prepared shall 
not be disclosed to any person except pursuant to the district 
court plan or pursuant to section 1867 or 1868 of this title. 
The clerk or jury commission shall mail to every person whose 
name is drawn from the master wheel a juror qualification form 
accompanied by instructions to fill out and return the form, 
duly signed and sworn, to the clerk or jury commission by mail 
within ten days. If the person is unable to fill out the form, 
another shall do it for him, and shall indicate that he has 
done so and the reason therefor. In any case in which it 
appears that there is an omission, ambiguity, or error in a 
form, the clerk or jury commission shall return the form with 
instructions to the person to make such additions or 
corrections as may be necessary and to return the form to the 
clerk or jury commission within ten days. Any person who fails 
to return a completed juror qualification form as instructed 
may be summoned by the clerk or jury commission forthwith to 
appear before the clerk or jury commission to fill out a juror 
qualification form. A person summoned to appear because of 
failure to return a juror qualification form as instructed who 
personally appears and executes a juror qualification form 
before the clerk or jury commission may, at the discretion of 
the district court, except where his prior failure to execute 
and mail such form was willful, be entitled to receive for such 
appearance the same fees and travel allowances paid to jurors 
under section 1871 of this title. At the time of his appearance 
for jury service, any person may be required to fill out 
another juror qualification form in the presence of the jury 
commission or the clerk or the court, at which time, in such 
cases as it appears warranted, the person may be questioned, 
but only with regard to his responses to questions contained on 
the form. Any information thus acquired by the clerk or jury 
commission may be noted on the juror qualification form and 
transmitted to the chief judge or such district court judge as 
the plan may provide.

           *       *       *       *       *       *       *


Sec. 1865. Qualifications for jury service

    (a) The chief judge of the district court, or such other 
district court judge as the plan may provide, on his initiative 
or upon recommendation of the clerk or jury commission, or the 
clerk under supervision of the court if the court's jury 
selection plan so authorizes, shall determine solely on the 
basis of information provided on the juror qualification form 
and other competent evidence whether a person is unqualified 
for[, or exempt,] or to be excused from jury service. The clerk 
shall enter such determination in the space provided on the 
juror qualification form and in any alphabetical list of names 
drawn from the master jury wheel. If a person did not appear in 
response to a summons, such fact shall be noted on said list.

           *       *       *       *       *       *       *


Sec. 1866. Selection and summoning of jury panels

    (a) The jury commission, or in the absence thereof the 
clerk, shall maintain a qualified jury wheel and shall place in 
such wheel names of all persons drawn from the master jury 
wheel who are determined to be qualified as jurors and not 
[exempt or] excused pursuant to the district court plan. From 
time to time, the jury commission or the clerk shall [publicly] 
draw at random from the qualified jury wheel such number of 
names of persons as may be required for assignment to grand and 
petit jury panels. 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. The jury commission or the clerk shall prepare 
a separate list of names of persons assigned to each grand and 
petit jury panel.

           *       *       *       *       *       *       *

    (c) Except as provided in section 1865 of this title or in 
any jury selection plan provision adopted pursuant to paragraph 
(5) [or (6)] of section 1863(b) of this title, no person or 
class of persons shall be disqualified, excluded, [excused, or 
exempt] or excused from service as jurors: Provided, That any 
person summoned for jury service may be (1) excused by the 
court, or by the clerk under supervision of the court if the 
court's jury selection plan so authorizes, upon a showing of 
undue hardship or extreme inconvenience, for such period as the 
court deems necessary, at the conclusion of which such person 
either shall be summoned again for jury service under 
subsections (b) and (c) of this section or, if the court's jury 
selection plan so provides, the name of such person shall be 
reinserted into the qualified jury wheel for selection pursuant 
to subsection (a) of this section, or (2) excluded by the court 
on the ground that such person may be unable to render 
impartial jury service or that his service as a juror would be 
likely to disrupt the proceedings, or (3) excluded upon 
peremptory challenge as provided by law, or (4) excluded 
pursuant to the procedure specified by law upon a challenge by 
any party for good cause shown, or (5) excluded upon 
determination by the court that his service as a juror would be 
likely to threaten the secrecy of the proceedings, or otherwise 
adversely affect the integrity of jury deliberations. No person 
shall be excluded under clause (5) of this subsection unless 
the judge, in open court, determines that such is warranted and 
that exclusion of the person will not be inconsistent with 
sections 1861 and 1862 of this title. The number of persons 
excluded under clause (5) of this subsection shall not exceed 
one per centum of the number of persons who return executed 
jury qualification forms during the period, specified in the 
plan, between two consecutive fillings of the master jury 
wheel. The names of persons excluded under clause (5) of this 
subsection, together with detailed explanations for the 
exclusions, shall be forwarded immediately to the judicial 
council of the circuit, which shall have the power to make any 
appropriate order, prospective or retroactive, to redress any 
misapplication of clause (5) of this subsection, but otherwise 
exclusions effectuated under such clause shall not be subject 
to challenge under the provisions of this title. Any person 
excluded from a particular jury under clause (2), (3), or (4) 
of this subsection shall be eligible to sit on another jury if 
the basis for his initial exclusion would not be relevant to 
his ability to serve on such other jury.
    (d) Whenever a person is disqualified, excused, [exempt,] 
or excluded from jury service, the jury commission or clerk 
shall note in the space provided on his juror qualification 
form or on the juror's card drawn from the qualified jury wheel 
the specific reason therefor.

           *       *       *       *       *       *       *

    (g) Any person summoned for jury service who fails to 
appear as directed [shall] may be ordered by the district court 
to appear forthwith and show cause for [his] the failure to 
comply with the summons. Any person who fails to show good 
cause for noncompliance with a summons may be fined not more 
than $100 or imprisoned not more than three days, or both.

           *       *       *       *       *       *       *


Sec. 1869. Definitions

    For purposes of this chapter--
    (a) * * *

           *       *       *       *       *       *       *

    (h) ``juror qualification form'' shall mean a form 
prescribed by the Administrative Office of the United States 
Courts and approved by the Judicial Conference of the United 
States, which shall elicit the name, address, age, race, 
occupation, education, length of residence within the judicial 
district, distance from residence to place of holding court, 
prior jury service, and citizenship of a potential juror, and 
whether he should be excused [or exempted] from jury service, 
has any physical or mental infirmity impairing his capacity to 
serve as juror, is able to read, write, speak, and understand 
the English language, has pending against him any charge for 
the commission of a State or Federal criminal offense 
punishable by imprisonment for more than one year, or has been 
convicted in any State or Federal court of record of a crime 
punishable by imprisonment for more than one year and has not 
had his civil rights restored. The form shall request, but not 
require, any other information not inconsistent with the 
provisions of this title and required by the district court 
plan in the interests of the sound administration of justice. 
The form shall also elicit the sworn statement that his 
responses are true to the best of his knowledge. Notarization 
shall not be required. The form shall contain words clearly 
informing the person that the furnishing of any information 
with respect to his religion, national origin, or economic 
status is not a prerequisite to his qualification for jury 
service, that such information need not be furnished if the 
person finds it objectionable to do so, and that information 
concerning race is required solely to enforce nondiscrimination 
in jury selection and has no bearing on an individual's 
qualification for jury service.
    [(i) ``public officer'' shall mean a person who is either 
elected to public office or who is directly appointed by a 
person elected to public office;]

           *       *       *       *       *       *       *

    [(k) ``publicly draw'', as referred to in sections 1864 and 
1866 of this chapter, shall mean a drawing which is conducted 
within the district after reasonable public notice and which is 
open to the public at large under the supervision of the clerk 
or jury commission, except that when a drawing is made by means 
of electronic data processing, "publicly draw" shall mean a 
drawing which is conducted at a data processing center located 
in or out of the district, after reasonable public notice given 
in the district for which juror names are being drawn, and 
which is open to the public at large under such supervision of 
the clerk or jury commission as the Judicial Conference of the 
United States shall by regulation require; and]

           *       *       *       *       *       *       *


Sec. 1871. Fees

    (a)  * * *
    (b)(1)  * * *

           *       *       *       *       *       *       *

    (2) A petit juror required to attend more than [thirty] 
five days in hearing one case may be paid, in the discretion of 
the trial judge, an additional fee, not exceeding $10 more than 
the attendance fee, for each day in excess of [thirty] five 
days on which he is required to hear such case.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--CRIMES

           *       *       *       *       *       *       *


                   CHAPTER 73--OBSTRUCTION OF JUSTICE

Sec.
1501.  Assault on process server.
     * * * * * * *
1521.  Retaliating against a Federal judge by false claim or slander of 
          title.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
INTERCEPTION OF ORAL COMMUNICATIONS

           *       *       *       *       *       *       *


Sec. 2519. Reports concerning intercepted wire, oral, or electronic 
                    communications

    [(1) Within thirty days after the expiration of an order 
(or each extension thereof) entered under section 2518, or the 
denial of an order approving an interception, the issuing or 
denying judge shall report to the Administrative Office of the 
United States Courts--]
    (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--
            (a) * * *

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


CHAPTER 201--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 3006A. Adequate representation of defendants

    (a) * * *

           *       *       *       *       *       *       *

    (d) Payment for Representation.--
            (1) * * *
            (2) Maximum Amounts.--For representation of a 
        defendant before the United States magistrate or the 
        district court, or both, the compensation to be paid to 
        an attorney or to a bar association or legal aid agency 
        or community defender organization shall not exceed 
        $[5,200] 7,000 for each attorney in a case in which one 
        or more felonies are charged, and $[1,500] 2,000 for 
        each attorney in a case in which only misdemeanors are 
        charged. For representation of a defendant in an 
        appellate court, the compensation to be paid to an 
        attorney or to a bar association or legal aid agency or 
        community defender organization shall not exceed 
        $[3,700] 5,000 for each attorney in each court. For 
        representation of a petitioner in a non-capital habeas 
        corpus proceeding, the compensation for each attorney 
        shall not exceed the amount applicable to a felony in 
        this paragraph for representation of a defendant before 
        a judicial officer of the district court. For 
        representation of such petitioner in an appellate 
        court, the compensation for each attorney shall not 
        exceed the amount applicable for representation of a 
        defendant in an appellate court. For representation of 
        an offender before the United States Parole Commission 
        in a proceeding under section 4106A of this title, the 
        compensation shall not exceed $[1,200] 1,500 for each 
        attorney in each proceeding; for representation of an 
        offender in an appeal from a determination of such 
        Commission under such section, the compensation shall 
        not exceed $[3,900] 5,000 for each attorney in each 
        court. For any other representation required or 
        authorized by this section, the compensation shall not 
        exceed $[1,200] 1,500 for each attorney in each 
        proceeding.

           *       *       *       *       *       *       *

    (e) Services Other Than Counsel.--
            (1) * * *
            (2) Without Prior Request.--(A) Counsel appointed 
        under this section may obtain, subject to later review, 
        investigative, expert, and other services without prior 
        authorization if necessary for adequate representation. 
        Except as provided in subparagraph (B) of this 
        paragraph, the total cost of services obtained without 
        prior authorization may not exceed [$300] $500 and 
        expenses reasonably incurred.
            (B) The court, or the United States magistrate (if 
        the services were rendered in a case disposed of 
        entirely before the United States magistrate), may, in 
        the interest of justice, and upon the finding that 
        timely procurement of necessary services could not 
        await prior authorization, approve payment for such 
        services after they have been obtained, even if the 
        cost of such services exceeds [$300] $500.
            (3) Maximum Amounts.--Compensation to be paid to a 
        person for services rendered by him to a person under 
        this subsection, or to be paid to an organization for 
        services rendered by an employee thereof, shall not 
        exceed [$1,000] $1,600, exclusive of reimbursement for 
        expenses reasonably incurred, unless payment in excess 
        of that limit is certified by the court, or by the 
        United States magistrate if the services were rendered 
        in connection with a case disposed of entirely before 
        him, as necessary to provide fair compensation for 
        services of an unusual character or duration, and the 
        amount of the excess payment is approved by the chief 
        judge of the circuit. The chief judge of the circuit 
        may delegate such approval authority to an active 
        circuit judge.

           *       *       *       *       *       *       *


CHAPTER 227--SENTENCES

           *       *       *       *       *       *       *


SUBCHAPTER B--PROBATION

           *       *       *       *       *       *       *


Sec. 3563. Conditions of probation

    (a) Mandatory Conditions.--The court shall provide, as an 
explicit condition of a sentence of probation--
            (1) * * *
            (2) for a felony, that the defendant also abide by 
        at least one condition set forth in subsection [(b)(2), 
        (b)(3), or (b)(13),] (b)(2) or (b)(12) unless the court 
        finds on the record that extraordinary circumstances 
        exist that would make such a condition plainly 
        unreasonable, in which event the court shall impose one 
        or more of the other conditions set forth under 
        subsection (b);

           *       *       *       *       *       *       *

    (b) Discretionary Conditions.--The court may provide, as 
further conditions of a sentence of probation, to the extent 
that such conditions are reasonably related to the factors set 
forth in section 3553(a)(1) and (a)(2) and to the extent that 
such conditions involve only such deprivations of liberty or 
property as are reasonably necessary for the purposes indicated 
in section 3553(a)(2), that the defendant--
            (1) * * *

           *       *       *       *       *       *       *

            (10) remain in the custody of the Bureau of Prisons 
        during nights, weekends, or other intervals of time, 
        totaling no more than the lesser of one year or the 
        term of imprisonment authorized for the offense, during 
        the first year of the term of probation or supervised 
        release;

           *       *       *       *       *       *       *


SUBCHAPTER D--IMPRISONMENT

           *       *       *       *       *       *       *


Sec. 3583. Inclusion of a term of supervised release after imprisonment

    (a) * * *

           *       *       *       *       *       *       *

    (d) Conditions of Supervised Release.--The court shall 
order, as an explicit condition of supervised release, that the 
defendant not commit another Federal, State, or local crime 
during the term of supervision and that the defendant not 
unlawfully possess a controlled substance. The court shall 
order as an explicit condition of supervised release for a 
defendant convicted for the first time of a domestic violence 
crime as defined in section 3561(b) that the defendant attend a 
public, private, or private nonprofit offender rehabilitation 
program that has been approved by the court, in consultation 
with a State Coalition Against Domestic Violence or other 
appropriate experts, if an approved program is readily 
available within a 50-mile radius of the legal residence of the 
defendant. The court shall order, as an explicit condition of 
supervised release for a person described in section 
4042(c)(4), that the person report the address where the person 
will reside and any subsequent change of residence to the 
probation officer responsible for supervision, and that the 
person register in any State where the person resides, is 
employed, carries on a vocation, or is a student (as such terms 
are defined under section 170101(a)(3) of the Violent Crime 
Control and Law Enforcement Act of 1994). The court shall 
order, as an explicit condition of supervised release, that the 
defendant cooperate in the collection of a DNA sample from the 
defendant, if the collection of such a sample is authorized 
pursuant to section 3 of the DNA Analysis Backlog Elimination 
Act of 2000. The court shall also order, as an explicit 
condition of supervised release, that the defendant refrain 
from any unlawful use of a controlled substance and submit to a 
drug test within 15 days of release on supervised release and 
at least 2 periodic drug tests thereafter (as determined by the 
court) for use of a controlled substance. The condition stated 
in the preceding sentence may be ameliorated or suspended by 
the court as provided in section 3563(a)(4). The results of a 
drug test administered in accordance with the preceding 
subsection shall be subject to confirmation only if the results 
are positive, the defendant is subject to possible imprisonment 
for such failure, and either the defendant denies the accuracy 
of such test or there is some other reason to question the 
results of the test. A drug test confirmation shall be a urine 
drug test confirmed using gas chromatography/mass spectrometry 
techniques or such test as the Director of the Administrative 
Office of the United States Courts after consultation with the 
Secretary of Health and Human Services may determine to be of 
equivalent accuracy. The court shall consider whether the 
availability of appropriate substance abuse treatment programs, 
or an individual's current or past participation in such 
programs, warrants an exception in accordance with United 
States Sentencing Commission guidelines from the rule of 
section 3583(g) when considering any action against a defendant 
who fails a drug test. The court may order, as a further 
condition of supervised release, to the extent that such 
condition--
            (1) * * *

           *       *       *       *       *       *       *

any condition set forth as a discretionary condition of 
probation in section [3563(b)(1) through (b)(10) and (b)(12) 
through (b)(20), and any other condition it considers to be 
appropriate.] section 3563(b) and any other condition it 
considers to be appropriate, except that a condition set forth 
in subsection 3563(b)(10) shall be imposed only for a violation 
of a condition of supervised release in accordance with 
subsection (e)(2) of this section and only when facilities are 
available. If an alien defendant is subject to deportation, the 
court may provide, as a condition of supervised release, that 
he be deported and remain outside the United States, and may 
order that he be delivered to a duly authorized immigration 
official for such deportation.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 10, UNITED STATES CODE

           *       *       *       *       *       *       *


Subtitle A--General Military Law

           *       *       *       *       *       *       *


PART II--PERSONNEL

           *       *       *       *       *       *       *


          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES

Sec.
971.    Service credit: officers may not count service performed while 
          serving as cadet or midshipman.
     * * * * * * *
[982.    Members: service on State and local juries.]
982.    Members: service on Federal, State, and local juries.

           *       *       *       *       *       *       *


Sec. 982. [Members: service on State and local juries] Members: service 
                    on Federal, State, and local juries

    (a) A member of the armed forces on active duty may not be 
required to serve on a [State or] Federal, State, or local jury 
if the Secretary concerned determines that such service--
            (1) * * *

           *       *       *       *       *       *       *

                              ----------                              


TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


Subpart E--Attendance and Leave

           *       *       *       *       *       *       *


CHAPTER 63--LEAVE

           *       *       *       *       *       *       *


SUBCHAPTER I--ANNUAL AND SICK LEAVE

           *       *       *       *       *       *       *


Sec. 6304. Annual leave; accumulation

    (a) * * *

           *       *       *       *       *       *       *

    (f)(1) This subsection applies with respect to annual leave 
accrued by an individual while serving in a position in--
            (A) * * *

           *       *       *       *       *       *       *

            (D) the Senior Cryptologic Executive Service; [or]
            (E) the Federal Bureau of Investigation and Drug 
        Enforcement Administration Senior Executive Service[.]; 
        or
            (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.

           *       *       *       *       *       *       *


SUBCHAPTER II--OTHER PAID LEAVE

           *       *       *       *       *       *       *


Sec. 6327. Absence in connection with serving as a bone-marrow or organ 
                    donor

    (a) An employee in or under an Executive agency or an 
entity of the judicial branch is entitled to leave without loss 
of or reduction in pay, leave to which otherwise entitled, 
credit for time or service, or performance or efficiency 
rating, for the time necessary to permit such employee to serve 
as a bone-marrow or organ donor.

           *       *       *       *       *       *       *


                           Markup Transcript



                            BUSINESS MEETING

                      TUESDAY, SEPTEMBER 10, 2002

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:00 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order, and 
a working quorum is present.

           *       *       *       *       *       *       *

    The chair would ask the indulgence of the Members for the 
remaining three bills which I don't think are very 
controversial. The next item on the agenda is H.R.4125, the 
``Federal Courts Improvement Act of 2002.''
    The chair recognizes the gentleman from North Carolina, Mr. 
Coble, for a motion.
    Mr. Coble. Mr. Chairman, the Subcommittee on Courts, the 
Internet, Intellectual Property reports favorably the bill, 
H.R. 4125 with a single amendment in the nature of a substitute 
and moves its favorable recommendation to the full House.
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point. The 
Subcommittee amendment in the nature of a substitute which the 
Members have before them will be considered as read, considered 
as the original text for purposes of amendment and open for 
amendment at any point.
    [The amendment follows:]
      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. Without objection, the opening 
statements of all Members will be placed in the record at this 
point.
    [The prepared statement of Mr. Berman follows:]
Prepared Statement of the Honorable Howard L. Berman, a Representative 
                in Congress From the State of California
    Mr. Chairman,
    Thank you for calling this mark-up today.
    H.R. 4125 represents the annual package of legislative changes 
requested by the U.S. courts. As we typically do, Subcommittee Chairman 
Coble and I introduced this bill at the request of the courts. Except 
for one provision, the bill is entirely non-controversial. It will 
clearly contribute to judicial efficiency and will promote the sound 
management of the judicial branch.
    After the adoption of several amendments, which will soon be 
offered, I intend to fully support passage of the bill by the 
Committee. And assuming these amendments are adopted, I encourage my 
colleagues to do the same.
    I yield back the balance of my time.

    Chairman Sensenbrenner. There are some Members who wish to 
leave to go home for primaries. I think those Members would 
particularly appreciate chatter on these three bills being kept 
to a minimum.
    Are there amendments?
    Mr. Scott. Mr. Chairman, I have an amendment.
    Chairman Sensenbrenner. The gentleman from Virginia.
    Mr. Scott. Mr. Chairman, I have an amendment at the desk, 
number one.
    [The amendment follows:]
    
    
    Chairman Sensenbrenner. The clerk will report the Scott 
amendment.
    The Clerk. Amendment offered by Mr. Scott to the amendment 
in the nature of a substitute to H.R.4125. On page 11 following 
the text on Line 3, insert Section 111 making permanent the 
temporary judgeship in the Eastern District of Virginia.
    Mr. Scott. Mr. Chairman, I move the reading of the 
amendment be waived.
    Chairman Sensenbrenner. Without objection, it is so 
ordered. The gentleman is recognized for 5 minutes.
    Mr. Scott. Mr. Chairman, the purpose of the amendment is 
fairly straightforward. It would convert a temporary judgeship 
in the Federal district court in the eastern district of 
Virginia into a permanent judgeship.
    I have a long statement, Mr. Chairman, that I would like 
unanimous consent to introduce in the record outlining the need 
for this judgeship.
    Chairman Sensenbrenner. Without objection.
    [The prepared statement of Mr. Scott follows:]
 Prepared Statement of the Honorable Robert C. Scott, a Representative 
                 in Congress From the State of Virginia
    Mr. Chairman, the purpose of my amendment is very straightforward. 
It would convert a temporary judgeship in the federal court in the 
Eastern District of Virginia into a permanent judgeship.
    To give you some history--One of the current federal district court 
judgeships in the Eastern District of Virginia is a temporary judgeship 
that will expire with the first vacancy after April 8, 2002. This 
temporary judgeship was originally created in the 1990 Judgeships Bill 
and filled in April 1992. It was scheduled to last for 10 years. 
Presumably, this was so that we could determine whether there is a 
need, and a [statistical] demand, for the judgeship. If there was a 
need, we would continue it. If there wasn't a need, then we wouldn't.
    Over time, it has been shown that this judgeship is critically 
needed in the Eastern District of Virginia. According to the most 
recent statistics [for 2001] by the Administrative Office of the 
Courts, the weighted filings in the Eastern District of Virginia per 
judgeship (including the temporary judgeship) was 617. This is about 
30% higher than the average weighted filings per judgeship throughout 
the country. The true number would be even higher without the temporary 
judgeship or if any of the Court's four senior judges decides to 
discontinue their [voluntary] practice of taking a full percentage of 
the case assignments. And this number does not factor in the likelihood 
that many of the terrorism cases will continue to be tried in the 
Eastern District of Virginia. So it is clear that there is still a need 
to continue this judgeship.
    Mr. Chairman, I know that there is a great demand for new 
judgeships in many members' districts. And I have no interest in 
getting involved in the issue of new judgeships. But here we are not 
talking about a new judgeship. This is a judgeship that already exists, 
and that will disappear--perhaps without any advance notice--unless we 
take action.
    Given the high case load already in the Eastern District, it is 
important for the effective administration of justice in Virginia that 
the temporary judgeship in the Eastern District be converted to a 
permanent judgeship. Unless we do so, when one of the ten active judges 
on the Eastern District bench retires, takes senior status, or passes 
away the judgeship will be lost forever. I ask for your support on this 
amendment.

    Mr. Scott. I'll yield back.
    Chairman Sensenbrenner. The chair will recognize itself for 
5 minutes. I would oppose any amendments relating to additional 
courts in this bill at this time. The Senate has put additional 
courts in the DOJ reauthorization bill. We are having a meeting 
of the conference of the Senate and the House on Wednesday of 
next week.
    If the Members will forebear on additional judges, I will 
give the gentleman from Virginia as well as the gentleman from 
California who looks very antsy, you know, my commitment that 
we will work with them to get the courts that their States need 
in the DOJ reauthorization bill.
    Mr. Scott. Thank you, Mr. Chairman. With that, I ask 
unanimous consent to withdraw the amendment.
    Chairman Sensenbrenner. The amendment is withdrawn. Are 
there further amendments?
    Mr. Coble. I have an amendment, Mr. Chairman, en bloc.
    Chairman Sensenbrenner. The gentleman from North Carolina.
    [The amendment en bloc follows:]
      
      

  


      
      

  


      
      

  


    Mr. Coble. These amendments, Mr. Chairman, make four non-
controversial changes.
    Chairman Sensenbrenner. Without objection, the amendments 
are considered en bloc.
    Mr. Coble. Do you want me to explain each one, Mr. 
Chairman?
    Chairman Sensenbrenner. No.
    Mr. Coble. All right. Very well.
    Chairman Sensenbrenner. Does anybody have any questions of 
the gentleman from North Carolina? No.
    The question is on agreeing to the amendments en block of 
the gentleman from North Carolina, Mr. Coble. Those in favor 
will say aye.
    Opposed, no. The ayes appear to have it. The ayes have it 
and the amendments en bloc are agreed to.
    The gentlemen from California.
    Mr. Berman. Yes, Mr. Chairman. I have an amendment at the 
desk. It is with Mr. Goodlatte.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to the amendment in the nature of a 
substitute to H.R.4125 offered by Mr. Berman and Mr. Goodlatte: 
Add the following at the end.
    Mr. Berman. Mr. Chairman, I ask unanimous consent that the 
amendment be considered as read.
    Chairman Sensenbrenner. Without objection.
    [The amendment follows:]
    
    
    Mr. Berman. Mr. Chairman, would you like me to explain the 
amendment?
    Chairman Sensenbrenner. No.
    Mr. Berman. I have a good explanation to put in the record.
    Chairman Sensenbrenner. Without objection, the good 
explanation will be put in the record together with all bad 
explanations that other Members want to put in.
    [The prepared statement of Mr. Berman follows:]
Prepared Statement of the Honorable Howard L. Berman, a Representative 
                in Congress From the State of California
        talking points in support of judicial privacy amendment
    I have an amendment at the desk that I am offering in conjunction 
with Ranking Member Conyers and Representative Goodlatte. 
Representative Delahunt would have offered this amendment had he been 
able to attend today.
    I believe all my colleagues on both sides of the aisle should be 
able to support this amendment. It is a well-reasoned compromise and is 
the product of negotiations convened by Subcommittee Chairman Coble.
    The amendment simply 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--or AO--does not 
intercept electronic communications of judges and judicial employees 
without authorization from the Judicial Conference.
    The amendment does not require the Judicial Conference to adopt any 
particular policy regarding interception of electronic communications. 
Thus, the amendment can in no way be characterized as interfering with 
the independence of the Judicial Branch.
    The amendment does, however, send a powerful message that Congress 
will closely scrutinize future Administrative Office actions affecting 
privacy of judges and judicial employees. This focus should serve as a 
powerful deterrent to any restrictions on privacy that are not 
authorized by the Judicial Conference as a whole.
    Based on past history, we have adequate cause to be concerned that, 
without this amendment, the AO may unilaterally decide to intercept or 
otherwise monitor the electronic communications of judges and judicial 
employees. Twice in the last couple of years, the AO appears to have 
done so.
    In 1998, the AO employed a filtering service to block judicial 
employee access to websites deemed inappropriate. The AO did so without 
explicit authorization from the Judicial Conference, and after several 
judges complained, sought such authorization. While the Committee on 
Automation and Technology, or CAT, approved the filtering program, the 
full Judicial Conference rejected it, and the program was suspended.
    Late in 2000, the AO activated software to identify and log the 
transmission, origin, and destination of certain types of files sent 
between judicial computers and the Internet. The CAT approved this 
activity, though it is unclear at what point in the process it did so. 
Apparently having decided that these files were ``inappropriate,'' the 
AO sent letters to the Chief Judges of relevant circuits recommending 
disciplinary action for those employees who had used or downloaded the 
identified files at the identified courthouses.
    Based on these two incidents, a number of judges raised concerns 
within the Judicial Conference, publicly, and in correspondence with 
me. These judges believe the AO has demonstrated a desire to snoop into 
the emails, Internet surfing, and other electronic communications of 
judges and employees despite general Judicial Conference opposition to 
its activities.
    For nearly a year, I have been exploring the concerns about AO 
monitoring of electronic communications. That exploration has led me to 
believe we need to pass this amendment. We need to clearly and 
unequivocally tell the AO that Congress cares about judicial privacy, 
and believes decision-making on this issue belongs in the hands of the 
judges themselves.
    I urge my colleagues to vote for this amendment, and yield back the 
balance of my time.

    Chairman Sensenbrenner. Without objection, the amendment is 
agreed to. Are there further amendments?
    If not, the representing quorum is present. The question is 
on reporting the bill, H.R. 4125 favorably. Those in favor will 
say aye.
    Opposed, no. The ayes appear to have it. The ayes have it. 
The motion to report favorably is adopted.
    Without objection the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute incorporating the amendments adopted here today.
    Without objection the Chairman is authorized to move to go 
to conference pursuant to House rules.
    Without objection the staff is directed to make any 
technical and conforming changes. All Members will be given 2 
days as provided by House rules in which to submit additional 
dissenting, supplemental or minority views.

                                
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