[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1302 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1302
To make improvements in the operation and administration of the Federal
courts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2003
Mr. Smith of Texas (for himself, Mr. Conyers, and Mr. Berman)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To make improvements in the operation and administration of the Federal
courts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Courts
Improvement Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Section 1. Short title; table of contents.
TITLE I--JUDICIAL PROCESS IMPROVEMENTS
Sec. 101. Authority of bankruptcy administrators to appoint trustees
and to serve as trustees in bankruptcy
cases in the States of Alabama and North
Carolina.
Sec. 102. Change in composition of divisions of Eastern District of
Texas.
Sec. 103. Conditions of probation and supervised release.
Sec. 104. Reporting of wiretap orders.
Sec. 105. Clarifying the scope of diversity of citizenship for resident
aliens.
Sec. 106. Authority of district courts regarding jurors.
Sec. 107. Deletion of automatic excuse from jury service for members of
the Armed Forces, members of fire and
police departments, and public officers.
Sec. 108. Elimination of the public drawing requirements for selection
of juror wheels.
Sec. 109. Supplemental attendance fee for petit jurors serving on
lengthy trials.
Sec. 110. Change in composition of divisions in Western District of
Tennessee.
Sec. 111. Place of holding court in the Northern District of New York.
TITLE II--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS
Sec. 201. Disability retirement and cost-of-living adjustments of
annuities for territorial judges.
Sec. 202. Federal Judicial Center personnel matters.
Sec. 203. Annual leave limit for judicial branch executives.
Sec. 204. Supplemental benefits program.
Sec. 205. Inclusion of judicial branch personnel in organ donor leave
program.
Sec. 206. Maximum amounts of compensation for attorneys.
Sec. 207. Maximum amounts of compensation for services other than
counsel.
Sec. 208. Protection against malicious recording of fictitious liens
against Federal judges.
Sec. 209. Appointing authority for circuit librarians.
TITLE III--ADDITIONAL PROVISIONS
Sec. 301. Monitoring of communications of officers and employees of
judicial branch.
Sec. 302. Clerical amendments.
TITLE I--JUDICIAL PROCESS IMPROVEMENTS
SEC. 101. AUTHORITY OF BANKRUPTCY ADMINISTRATORS TO APPOINT TRUSTEES
AND TO SERVE AS TRUSTEES IN BANKRUPTCY CASES IN THE
STATES OF ALABAMA AND NORTH CAROLINA.
Until the amendments made by subtitle A of title II of the
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy
Act of 1986 (28 U.S.C. 581 note; Public Law 99-554; 100 Stat. 3088)
become effective in and with respect to a judicial district in the
State of Alabama, or in and with respect to a judicial district in the
State of North Carolina--
(1) a reference in sections 303(g), 701(a), 703(b), 703(c),
1102(a), 1104(d), 1163, 1202, and 1302 of title 11, United
States Code, to the United States trustee shall be deemed to be
a reference to the bankruptcy administrator appointed and
serving in such district under the authority of section
302(d)(3)(I) of such Act;
(2) a reference in sections 1202(a) and 1302(a) of title
11, United States Code, to section 586(b) of title 28, United
States Code, shall be deemed to be a reference to such section
as modified in operation by the other provisions of this
section;
(3) a reference in sections 701(a)(1) and 703(c) of title
11, United States Code, to a panel of private trustees
established under section 586(a)(1) of title 28, United States
Code, shall be deemed to be a reference to the panel of private
trustees established in such district under the authority of
section 302(d)(3)(I)(i) of such Act; and
(4) a reference in subsections (b), (d), and (e) of section
586 of title 28, United States Code--
(A) to the Attorney General shall be deemed to be a
reference to the Director of the Administrative Office
of the United States Courts;
(B) to the United States trustee for the region
shall be deemed to be a reference to the bankruptcy
administrator appointed for such district;
(C) to a standing trustee shall be deemed to be a
reference to a standing trustee appointed by the
bankruptcy administrator;
(D) to the designation of one or more assistant
United States trustees shall be disregarded; and
(E) to the deposit in the United States Trustee
System Fund shall be deemed to be a reference to the
payment to the clerk of the court for deposit in the Treasury;
for purposes of cases pending under title 11, United States Code, in
such district.
SEC. 102. CHANGE IN COMPOSITION OF DIVISIONS OF EASTERN DISTRICT OF
TEXAS.
(a) In General.--Section 124(c) of title 28, United States Code, is
amended--
(1) in paragraph (3)--
(A) by striking ``Denton, and Grayson'' and
inserting ``Delta, Denton, Fannin, Grayson, Hopkins,
and Lamar''; and
(B) by inserting ``and Plano'' after ``held at
Sherman'';
(2) by striking paragraph (4) and redesignating paragraphs
(5) through (7) as paragraphs (4) through (6), respectively;
and
(3) in paragraph (5), as so redesignated, by inserting
``Red River,'' after ``Franklin,''.
(b) Texarkana.--Sections 83(b)(1) and 124(c)(5) (as redesignated by
subsection (a) of this section) of title 28, United States Code, are
each amended by inserting after ``held at Texarkana'' the following:
``, and may be held anywhere within the Federal courthouse in Texarkana
that is located astride the State line between Texas and Arkansas''.
(c) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall take effect on the date of the enactment of
this Act.
(2) Pending cases not affected.--This section and the
amendments made by this section shall not affect any action
commenced before the effective date of this section and pending
in the United States District Court for the Eastern District of
Texas on such date.
(3) Juries not affected.--This section and the amendments
made by this section shall not affect the composition, or
preclude the service, of any grand or petit jury summoned,
impaneled, or actually serving in the Eastern Judicial District
of Texas on the effective date of this section.
SEC. 103. CONDITIONS OF PROBATION AND SUPERVISED RELEASE.
(a) Conditions of Probation.--Section 3563(a)(2) of title 18,
United States Code, is amended by striking ``(b)(2), (b)(3), or
(b)(13)'' and inserting ``(b)(2) or (b)(12)''.
(b) Supervised Release After Imprisonment.--Section 3583(d) of
title 18, United States Code, is amended by striking ``section
3563(b)(1)'' and all that follows through ``appropriate.'' and
inserting ``section 3563(b) and any other condition it considers to be
appropriate, except that a condition set 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 NORTHERN DISTRICT OF NEW YORK.
Section 112(a) of title 28, United States Code, is amended by
striking ``and Watertown'' and inserting ``Watertown, and
Plattsburgh''.
TITLE II--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS
SEC. 201. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF
ANNUITIES FOR TERRITORIAL JUDGES.
Section 373 of title 28, United States Code, is amended--
(1) by amending subsection (c)(4) to read as follows:
``(4) Any senior judge performing judicial duties pursuant to
recall under paragraph (2) of this subsection shall be paid, while
performing such duties, the same compensation (in lieu of the annuity
payable under this section) and the same allowances for travel and
other expenses as a judge on active duty with the court being
served.'';
(2) by amending subsection (e) to read as follows:
``(e)(1) Any judge of the District Court of Guam, the District
Court of the Northern Mariana Islands, or the District Court of the
Virgin Islands who is not reappointed (as judge of such court) shall be
entitled, upon attaining the age of sixty-five years or upon
relinquishing office if the judge is then beyond the age of sixty-five
years--
``(A) if the judicial service of such judge, continuous or
otherwise, aggregates fifteen years or more, to receive during
the remainder of such judge's life an annuity equal to the
salary received when the judge left office; or
``(B) if such judicial service, continuous or otherwise,
aggregated less than fifteen years, to receive during the
remainder of such judge's life an annuity equal to that
proportion of such salary which the aggregate number of such
judge's years of service bears to fifteen.
``(2) Any judge of the District Court of Guam, the District Court
of the Northern Mariana Islands, or the District Court of the Virgin
Islands who has served at least five years, continuously or otherwise,
and who retires or is removed upon the sole ground of mental or
physical disability, shall be entitled to receive during the remainder
of such judge's life an annuity equal to 40 percent of the salary
received when the judge left office or, in the case of a judge who has
served at least ten years, continuously or otherwise, an annuity equal
to that proportion of such salary which the aggregate number of such
judge's years of judicial service bears to fifteen.''; and
(3) by amending subsection (g) to read as follows:
``(g) Any retired judge who is entitled to receive an annuity under
this section shall be entitled to a cost-of-living adjustment in the
amount computed as specified in section 8340(b) of title 5, except that
in no case may the annuity payable to such retired judge, as increased
under this subsection, exceed the salary of a judge in regular active
service with the court on which the retired judge served before
retiring.''.
SEC. 202. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS.
Section 625 of title 28, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``, United States Code,'';
(B) by striking ``pay rates, section 5316, title 5,
United States Code'' and inserting ``under section 5316
of title 5, except that the Director may fix the
compensation of 4 positions of the Center at a level
not to exceed the annual rate of pay in effect for
level IV of the Executive Schedule under section 5315
of title 5''; and
(C) by striking ``the Civil'' and all that follows
through ``Code'' and inserting ``subchapter III of
chapter 83 of title 5 shall be adjusted pursuant to the
provisions of section 8344 of such title, and the
salary of a reemployed annuitant under chapter 84 of
title 5 shall be adjusted pursuant to the provisions of
section 8468 of such title'';
(2) in subsection (c), by striking ``, United States
Code,''; and
(3) in subsection (d)--
(A) by striking ``United States Code,''; and
(B) by striking ``, section 5332, title 5, United
States Code'' and inserting ``under section 5332 of
title 5''.
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
or encumbrance against the real or personal property of a Federal
judge, knowing or having reason to know that such lien or encumbrance
is false or contains any materially false, fictitious, or fraudulent
statement or representation, shall be fined under this title or
imprisoned for not more than five years, or both. In the case of an
offense under this subsection which was committed after the defendant
had previously been convicted of an earlier offense under this
subsection, the defendant shall be fined under this title or imprisoned
for not more than ten years, or both.
``(b) As used in this section, the term `Federal judge' means a
justice or judge of the United States as defined in section 451 of
title 28, a judge of the United States Court of Federal Claims, a
United States bankruptcy judge, a United States magistrate judge, and a
judge of the United States Court of Appeals for the Armed Forces,
United States Court of Appeals for Veterans Claims, United States Tax
Court (including any special trial judge appointed under section 7443A
of the Internal Revenue Code of 1986), District Court of Guam, District
Court of the Northern Mariana Islands, or District Court of the Virgin
Islands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of title 18, United States Code, is amended by adding at the
end the following new item:
``1521. Retaliating against a Federal judge by false claim or slander
of title.''.
SEC. 209. APPOINTING AUTHORITY FOR CIRCUIT LIBRARIANS.
Section 713 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Each court of appeals'' and
inserting ``The judicial council of each circuit''; and
(B) by striking ``the court'' and inserting ``the
judicial council''; and
(2) in subsection (b), by striking ``court'' each place it
appears and inserting ``judicial council''.
TITLE III--ADDITIONAL PROVISIONS
SEC. 301. MONITORING OF COMMUNICATIONS OF OFFICERS AND EMPLOYEES OF
JUDICIAL BRANCH.
Section 604 of title 28, United States Code, is amended by adding
at the end the following:
``(i)(1) The Judicial Conference should take such steps as it deems
necessary and appropriate to safeguard the privacy of officers and
employees of the judicial branch by ensuring that--
``(A) the Director does not intercept electronic
communications of any such officer or employee (including any
electronic communication consisting of an electronic mail
message or a transfer of information by means of the World Wide
Web or the Internet) between or among computers, or hire or
enter into a contract with another entity to monitor or
intercept such communications, except pursuant to--
``(i) a law enforcement investigation;
``(ii) prior authorization by the Judicial
Conference or its Executive Committee; or
``(iii) a policy adopted by the Judicial Conference
setting forth the procedures under which the
interception of such communications may be authorized;
and
``(B) any information obtained pursuant to interception of
communications authorized under subparagraph (A) is used solely
for the purposes for which the interception is authorized.
``(2) In this subsection--
``(A) the term `electronic communication' has the meaning
given that term in section 2510 of title 18;
``(B) the terms `by means of the World Wide Web' and
`Internet' have the meanings given those terms in section
231(e) of the Communications Act of 1934 (47 U.S.C. 231(e));
and
``(C) the term `computer' has the meaning given that term
in section 1030(e) of title 18.''.
SEC. 302. CLERICAL AMENDMENTS.
Section 332 of title 28, United States Code, is amended--
(1) in subsection (a)(3), by striking ``371(f)(1)'' and
inserting ``371(e)(1)'';
(2) by striking the second subsection designated ``(h)'';
and
(3) in subsection (f)(4), by striking ``, United States
Code''.
<all>