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

APRIL 10, 2002

Mr. COBLE (for himself and Mr. BERMAN) introduced the following bill; which was referred to the Committee on the Judiciary

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 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. Place of holding court in the 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.

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 services other than counsel.

Sec. 207. Protection against malicious recording of fictitious liens against Federal judges.

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) 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. PLACE OF HOLDING COURT IN THE EASTERN DISTRICT OF TEXAS.

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,'.

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 the first sentence of 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 last 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.

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 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. 207. 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. 1519. 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, 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:

`1519. Retaliating against a Federal judge by false claim or slander of title.'.

END