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. 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,'.
(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--
(A) by inserting `Dyer,' after `Decatur,'; and
(B) in the last sentence by inserting `and Dyersburg' after `Jackson';
and
(A) by striking `Dyer,'; and
(B) in the second sentence, by striking `and Dyersburg'.
(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
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--
(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--
(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
(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--
(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--
(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.'.
(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;'.
END
