HR 983 IH
101st CONGRESS
1st Session
 H. R. 983
To amend title 28, United States Code, to provide for the selection of
grand and petit jurors for each United States district court from sources
other than the voter registration lists or the lists of actual voters of the
political subdivisions within the district or division, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 9, 1989
Mr. MCMILLEN of Maryland introduced the following bill; which was referred
jointly to the Committees on the Judiciary and Ways and Means
A BILL
To amend title 28, United States Code, to provide for the selection of
grand and petit jurors for each United States district court from sources
other than the voter registration lists or the lists of actual voters of the
political subdivisions within the district or division, 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.
  This Act may be cited as the `Jury Selection and Voter Participation Act
  of 1989'.
SEC. 2. FINDINGS AND PURPOSE.
  (a) FINDINGS- The Congress finds that--
  (1) the right to vote is fundamental in a democracy, and it is the duty of
  the Federal Government to encourage all Americans to exercise that right
  in elections for Federal office;
  (2) the jury system is of fundamental importance in a democracy, and the
  composition of grand and petit juries should be a true cross-section of
  the citizens of the community;
  (3) it is the current policy of the United States that all citizens shall
  have the opportunity to be considered for service on grand and petit juries
  in the district courts of the United States and shall have an obligation
  to serve as jurors when summoned for that purpose;
  (4) most plans for random jury selection depend on selecting prospective
  jurors from the voter registration lists or the lists of actual voters of
  the political subdivisions within the district or division; and
  (5) such plans for random jury selection tend to discourage people from
  registering to vote because of a concern that some have articulated about the
  inconvenience, time, or costs involved in serving on a grand or petit jury.
  (b) PURPOSES- The purposes of this Act are--
  (1) to remove a disincentive to the American people from registering to
  vote in elections for Federal office;
  (2) to provide for alternative ways to select jurors for grand and petit
  juries in the district courts without relying on voter registration lists
  or the lists of actual voters of the political subdivisions within the
  district or divisions; and
  (3) to encourage the States to modify State procedures for the selection
  of people for service on juries to remove disincentives for registering
  to vote in State and local elections.
SEC. 3. PLAN FOR RANDOM JURY SELECTION.
  Section 1863(b)(2) of title 28, United States Code, is amended to read
  as follows:
  `(2) prescribe the source or sources of names of prospective jurors,
  which may not be limited to voter registration lists or lists of actual
  voters of the political subdivisions within the district or division,
  but may include social security records and Federal income tax returns.'.
SEC. 4. AMENDMENTS TO OTHER LAWS.
  (a) SOCIAL SECURITY ACT- Section 1106 of the Social Security Act (42
  U.S.C. 1306) is amended by adding at the end the following new subsection:
  `(f)(1) Notwithstanding any other provision of this section, whenever the
  Secretary receives a request, filed by an authorized person (as defined
  in paragraph (3)) for the names and mailing addresses of persons in a
  particular judicial district or division or divisions within a judicial
  district, the Secretary shall, subject to paragraph (2), promptly undertake
  to provide the requested information from the files and records maintained
  by the Social Security Administration.
  `(2) The Secretary shall disclose information under paragraph (1) only for
  purposes of, and to the extent necessary in, assisting authorized persons in
  implementing that part of a plan for jury selection established by a United
  States district court under section 1863 of title 28, United States Code,
  which specifies, under section 1863(b)(2) of such title, that the names
  of prospective jurors for that district or for a division or divisions
  within that district are to be selected from the records of the Social
  Security Administration.
  `(3) As used in this subsection, the term `authorized person' means an
  officer or employee of a United States district court who is responsible
  for developing the lists of persons from which prospective jurors are to
  be selected, pursuant to the jury selection plan for that district or for
  a division or divisions within that district.'.
  (b) INTERNAL REVENUE CODE OF 1986- Subsection (m) of section 6103 of the
  Internal Revenue Code of 1986 (relating to disclosure of taxpayer identity
  information) is amended by adding at the end the following new paragraph:
  `(7) INFORMATION FOR DISTRICT COURT JURY SELECTION PLAN-
  `(A) IN GENERAL- Upon written request of an authorized person for the
  names and mailing addresses of persons in a particular judicial district
  or division or divisions within a judicial district, the Secretary shall,
  subject to subparagraph (B), disclose to that person the names and addresses
  of taxpayers in that judicial district, division, or divisions, as the
  case may be.
  `(B) RESTRICTION ON DISCLOSURE- The Secretary shall disclose return
  information under subparagraph (A) only for purposes of, and to the extent
  necessary in, assisting authorized persons in implementing that part of
  a plan for jury selection established by a United States district court
  under section 1863 of title 28, United States Code, which specifies, under
  section 1863(b)(2) of such title, that the names of prospective jurors for
  that district or for a division or divisions within that district are to
  be selected from tax return information.
  `(C) AUTHORIZED PERSON DEFINED- As used in this paragraph, the term
  `authorized person' means an officer or employee of a United States district
  court who is responsible for developing the lists of persons from which
  prospective jurors are to be selected, pursuant to the jury selection plan
  for that district or for a division or divisions within that district.'.
SEC. 5. STATE PLANS FOR RANDOM JURY SELECTION.
  Each State, in developing lists of all persons in such State who may be
  called for jury duty, shall not draw the names of prospective jurors
  exclusively from voter registration lists or lists of actual voters,
  but shall use other sources, which may include motor vehicle license and
  registration records, lists of utility customers, and State or local income
  tax returns.
SEC. 6. SAVINGS PROVISIONS.
  Nothing in this Act shall be construed to restrict any right which any
  person may have under any statute, the common law, or the Constitution,
  to seek enforcement of any voter registration requirement or jury selection
  requirement or to challenge any voter registration requirement or plan or
  any jury selection requirement or plan, or to seek any other relief.
SEC. 7. EFFECTIVE DATE.
  This Act and the amendments made by this Act shall take effect 180 days
  after the date of the enactment of this Act.