Federal Courts Improvement Act of 2004

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

108th CONGRESS
2d Session
S. 2396

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

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 10, 2004

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

_______________________________________________________________________

A BILL

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

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

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

Sec. 101. Authority of bankruptcy administrators to appoint trustees
and to serve as trustees in bankruptcy
cases in the States of Alabama and North
Carolina.
Sec. 102. Venue in bankruptcy cases.
Sec. 103. Place of holding court in Texarkana, Texas, and Texarkana,
Arkansas.
Sec. 104. Change in composition of divisions of western district of
Texas.
Sec. 105. Change of composition of divisions of western district of
Tennessee.
Sec. 106. Place of holding court in the northern district of New York.
Sec. 107. Juror fees.
Sec. 108. Supplemental attendance fee for petit jurors serving on
lengthy trials.
Sec. 109. Authority of district courts as to a jury summons.
Sec. 110. Automatic excuse upon request from jury service for members
of the Armed Services, members of fire and
police departments, and public officers.
Sec. 111. Elimination of the public drawing requirements for juror
wheels.
Sec. 112. Conditions of probation and supervised release.
Sec. 113. Clarifying the scope of diversity of citizenship for resident
aliens.
Sec. 114. Clarifying the scope of diversity of citizenship for
corporations with foreign contacts.
Sec. 115. Reporting of wiretap orders.
Sec. 116. Magistrate judge participation at circuit conferences.
Sec. 117. Repeal of Obsolete Speedy Trial Act cross references to the
Narcotic Addict Rehabilitation Act.
Sec. 118. Taxing of court technology costs.
Sec. 119. Investment of court registry funds.
Sec. 120. Emergency authority to conduct court proceedings outside the
territorial jurisdiction of the court.
Sec. 121. Restriction of public access to certain information contained
in bankruptcy case files.
Sec. 122. Security of social security account number of debtor in
notice debtor provides to creditor.
TITLE II--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

Sec. 201. Disability retirement and cost-of-living adjustments of
annuities for territorial judges.
Sec. 202. Federal Judicial Center personnel matters.
Sec. 203. Annual leave limit for judicial branch executives.
Sec. 204. Supplemental benefits program.
Sec. 205. Student loan forgiveness for Federal defenders.
Sec. 206. Law clerk loan deferment.
Sec. 207. Inclusion of judicial branch personnel in organ donor leave
program.
Sec. 208. Transportation and subsistence for Criminal Justice Act
defendants.
Sec. 209. Maximum amounts of compensation for attorneys.
Sec. 210. Maximum amounts of compensation for services other than
counsel.
Sec. 211. Excess compensation delegation authority.
Sec. 212. Protection against malicious recording of fictitious liens
against Federal judges.
Sec. 213. Appointing authority for circuit librarians.
Sec. 214. Judicial branch security requirements.
Sec. 215. Bankruptcy, magistrate, and territorial judges life
insurance.
Sec. 216. Health insurance for surviving family and spouses of judges.

TITLE I--JUDICIAL PROCESS IMPROVEMENTS

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

Until the amendments made by subtitle A of title II of the
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy
Act of 1986 (28 U.S.C. 581 note; Public Law 99-554; 100 Stat. 3088)
become effective in and with respect to a judicial district in the
State of Alabama, or in and with respect to a judicial district in the
State of North Carolina--
(1) a reference in sections 303(g), 701(a), 703(b), 703(c),
1102(a), 1104(d), 1163, 1202, and 1302 of title 11, United
States Code, to the United States trustee shall be deemed to be
a reference to the bankruptcy administrator appointed and
serving in such district under the authority of section
302(d)(3)(I) of such Act;
(2) a reference in sections 1202(a) and 1302(a) of title
11, United States Code, to section 586(b) of title 28, United
States Code, shall be deemed to be a reference to such section
as modified in operation by the other provisions of this
section;
(3) a reference in sections 701(a)(1) and 703(c) of title
11, United States Code, to a panel of private trustees
established under section 586(a)(1) of title 28, United States
Code, shall be deemed to be a reference to the panel of private
trustees established in such district under the authority of
section 302(d)(3)(I)(i) of such Act; and
(4) a reference in subsections (b), (d), and (e) of section
586 of title 28, United States Code--
(A) to the Attorney General shall be deemed to be a
reference to the Director of the Administrative Office
of the United States Courts;
(B) to the United States trustee for the region
shall be deemed to be a reference to the bankruptcy
administrator appointed for such district;
(C) to a standing trustee shall be deemed to be a
reference to a standing trustee appointed by the
bankruptcy administrator;
(D) to the designation of 1 or more assistant
United States trustees shall be disregarded; and
(E) to the deposit in the United States Trustee
System Fund shall be deemed to be a reference to the
payment to the clerk of the court for deposit in the
Treasury;
for purposes of cases pending under title 11, United States
Code, in such district.

SEC. 102. VENUE IN BANKRUPTCY CASES.

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

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

Sections 83(b)(1) and 124(c)(5) of title 28, United States Code,
are each amended by inserting after ``held at Texarkana'' the
following: ``, and may be held anywhere within the Federal courthouse
in Texarkana that is located astride the State line between Texas and
Arkansas''.

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

(a) In General.--Section 124(d) of title 28, United States Code, is
amended--
(1) in paragraph (3), by striking ``county of El Paso'' and
inserting ``counties of El Paso and Hudspeth''; and
(2) in paragraph (6), by striking ``Hudspeth,''.
(b) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall take effect on the date of enactment of this
Act.
(2) Pending cases not affected.--This section and the
amendments made by this section shall not affect any action
commenced before the effective date of this section and pending
in the United States District Court for the Western District of
Texas on such date.
(3) Juries not affected.--This section and the amendments
made by this section shall not affect the composition, or
preclude the service, of any grand or petit jury summoned,
impaneled, or actually serving in the Western Judicial District
of Texas on the effective date of this section.

SEC. 105. CHANGE OF COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF
TENNESSEE.

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

SEC. 106. PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT OF NEW YORK.

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

SEC. 107. JUROR FEES.

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

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

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

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

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

SEC. 110. AUTOMATIC EXCUSE UPON REQUEST FROM JURY SERVICE FOR MEMBERS
OF THE ARMED SERVICES, MEMBERS OF FIRE AND POLICE
DEPARTMENTS, AND PUBLIC OFFICERS.

(a) Removal of Exemption.--Section 1863(b) of title 28, United
States Code, is amended by--
(1) striking paragraph (6); and
(2) redesignating paragraphs (7) and (8) as paragraphs (6)
and (7), respectively.
(b) Permanent Excuse.--Section 1863(b)(5) of title 28, United
States Code, is amended by striking subparagraph (B) and inserting the
following:
``(B) specify that the following persons, upon
individual request, shall be excused from jury service:
``(i) Members in active service in the
Armed Forces of the United States.
``(ii) Members of the fire or police
departments of any State, the District of
Columbia, any territory or possession of the
United States, or any subdivision of a State,
the District of Columbia, or such territory or
possession.
``(iii) Public officers in the executive,
legislative, or judicial branches of the
Government of the United States, or of any
State, the District of Columbia, any territory
or possession of the United States, or any
subdivision of a State, the District of
Columbia, or such territory or possession, who
are actively engaged in the performance of
official duties.
``(iv)(I) Volunteer safety personnel.
``(II) In this clause, the term `volunteer
safety personnel' means individuals serving a
public agency (as defined in section 1203(6) of
title I of the Omnibus Crime Control and Safe
Streets Act of 1968) in an official capacity,
without compensation, as firefighters or
members of a rescue squad or ambulance crew.''.
(c) Technical and Conforming Amendments.--
(1) Section 1865(a) of title 28, United States Code, is
amended in the first sentence by striking ``or exempt,''.
(2) Section 1866 of title 28, United States Code, is
amended--
(A) in subsection (a), in the first sentence by
striking ``exempt or'';
(B) in subsection (c), in the first sentence--
(i) by striking ``or (6)''; and
(ii) by striking ``excused, or exempt'' and
inserting ``or excused''; and
(C) in subsection (d), by striking ``exempt,''.
(3) Section 1869(h) of title 28, United States Code, is
amended in the first sentence by striking ``or exempted''.

SEC. 111. ELIMINATION OF THE PUBLIC DRAWING REQUIREMENTS FOR JUROR
WHEELS.

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

SEC. 112. CONDITIONS OF PROBATION AND SUPERVISED RELEASE.

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

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

(a) In General.--Section 1332(a) of title 28, United States Code,
is amended by striking the last sentence and inserting the following:
``The district courts shall not have original jurisdiction under
paragraph (2) or (3) where the matter in controversy is between a
citizen of a State and a citizen or subject of a foreign state admitted
to the United States for permanent residence and domiciled in the same
State.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and apply only to actions
filed on or after such date.

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

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

SEC. 115. REPORTING OF WIRETAP ORDERS.

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

SEC. 116. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES.

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

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

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

SEC. 118. TAXING OF COURT TECHNOLOGY COSTS.

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

SEC. 119. INVESTMENT OF COURT REGISTRY FUNDS.

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

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

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

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

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

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

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

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

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

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

Section 373 of title 28, United States Code, is amended--
(1) in subsection (c) by striking paragraph (4) and
inserting the following:
``(4) Any senior judge performing judicial duties pursuant
to recall under paragraph (2) of this subsection shall be paid,
while performing such duties, the same compensation (in lieu of
the annuity payable under this section) and the same
allowances for travel and other expenses as a judge on active duty with
the court being served.'';
(2) by striking subsection (e) and inserting the following:
``(e)(1) Any judge of the District Court of Guam, the District
Court of the Northern Mariana Islands, or the District Court of the
Virgin Islands who is not reappointed (as judge of such court) shall be
entitled, upon attaining the age of 65 years or upon relinquishing
office if the judge is then beyond the age of 65 years--
``(A) if the judicial service of such judge, continuous or
otherwise, aggregates 15 years or more, to receive during the
remainder of such judge's life an annuity equal to the salary
received when the judge left office; or
``(B) if such judicial service, continuous or otherwise,
aggregated less than 15 years, to receive during the remainder
of such judge's life an annuity equal to that proportion of
such salary which the aggregate number of such judge's years of
service bears to 15.
``(2) Any judge of the District Court of Guam, the District Court
of the Northern Mariana Islands, or the District Court of the Virgin
Islands who has served at least 5 years, continuously or otherwise, and
who retires or is removed upon the sole ground of mental or physical
disability, shall be entitled to receive during the remainder of such
judge's life an annuity equal to 40 percent of the salary received when
the judge left office or, in the case of a judge who has served at
least 10 years, continuously or otherwise, an annuity equal to that
proportion of such salary which the aggregate number of such judge's
years of judicial service bears to 15.''; and
(3) by striking subsection (g) and inserting the following:
``(g) Any retired judge who is entitled to receive an annuity under
this section shall be entitled to a cost-of-living adjustment in the
amount computed as specified in section 8340(b) of title 5, except that
in no case may the annuity payable to such retired judge, as increased
under this subsection, exceed the salary of a judge in regular active
service with the court on which the retired judge served before
retiring.''.

SEC. 202. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS.

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

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

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

SEC. 204. SUPPLEMENTAL BENEFITS PROGRAM.

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

SEC. 205. STUDENT LOAN FORGIVENESS FOR FEDERAL DEFENDERS.

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

SEC. 206. LAW CLERK LOAN DEFERMENT.

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

SEC. 207. INCLUSION OF JUDICIAL BRANCH PERSONNEL IN ORGAN DONOR LEAVE
PROGRAM.

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

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

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

SEC. 209. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.

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

SEC. 210. MAXIMUM AMOUNTS OF COMPENSATION FOR SERVICES OTHER THAN
COUNSEL.

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

SEC. 211. EXCESS COMPENSATION DELEGATION AUTHORITY.

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

SEC. 212. PROTECTION AGAINST MALICIOUS RECORDING OF FICTITIOUS LIENS
AGAINST FEDERAL JUDGES.

(a) In General.--Chapter 73 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1521. Retaliating against a Federal judge by false claim or
slander of title
``(a) Whoever files or attempts to file, in any public record or in
any private record which is generally available to the public, any lien
or encumbrance against the real or personal property of a Federal
judge, knowing or having reason to know that such lien or encumbrance
is false or contains any materially false, fictitious, or fraudulent
statement or representation, shall be fined under this title or
imprisoned for not more than 5 years, or both. In the case of an
offense under this subsection which was committed after the defendant
had previously been convicted of an earlier offense under this
subsection, the defendant shall be fined under this title or imprisoned
for not more than 10 years, or both.
``(b) In this section, the term `Federal judge' means a justice or
judge of the United States as defined under section 451 of title 28, a
judge of the United States Court of Federal Claims, a United States
bankruptcy judge, a United States magistrate judge, and a judge of the
United States Court of Appeals for the Armed Forces, United States
Court of Appeals for Veterans Claims, United States Tax Court, District
Court of Guam, District Court of the Northern Mariana Islands, or
District Court of the Virgin Islands.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 73 of title 18, United States Code, is amended by adding at the
end the following:

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

SEC. 213. APPOINTING AUTHORITY FOR CIRCUIT LIBRARIANS.

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

SEC. 214. JUDICIAL BRANCH SECURITY REQUIREMENTS.

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

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

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

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

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