Text: H.R.2522 — 107th Congress (2001-2002)All Information (Except Text)

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Introduced in House (07/17/2001)

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 2522 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2522

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2001

Mr. Coble (for himself and Mr. Berman) (both by request) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Education and the Workforce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Courts 
Improvement Act of 2001''.
    (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. Enforcement of National Labor Relations Board orders.
Sec. 105. Repeal of geographic location requirement for court records.
Sec. 106. Reporting of wiretap orders.
Sec. 107. Clarifying the scope of diversity of citizenship for resident 
                            aliens.
Sec. 108. Authority of district courts regarding jurors.
Sec. 109. Deletion of automatic excuse from jury service for members of 
                            the armed forces, members of fire and 
                            police departments, and public officers.
Sec. 110. Elimination of the public drawing requirements for selection 
                            of juror wheels.
Sec. 111. Supplemental attendance fee for petit jurors serving on 
                            lengthy trials.
 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. Law clerk loan deferment.
Sec. 206. Inclusion of judicial branch personnel in organ donor leave 
                            program.
Sec. 207. Repeal of requirement for additional legislative action 
                            regarding judicial compensation.
Sec. 208. Maximum amounts of compensation for services other than 
                            counsel.
Sec. 209. Student loan forgiveness for Federal defenders.
Sec. 210. 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) 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, shall appoint the trustees, examiners, and 
standing trustees, notwithstanding any reference in title 11, United 
States Code, to appointments by the court.
    (b) Standing Trustees.--A bankruptcy administrator who has 
appointed a standing trustee pursuant to subsection (a) of this section 
shall fix the standing trustee's maximum annual compensation and 
percentage fee, subject to the limitations set out in section 
586(e)(1)(A) of title 28, United States Code. The bankruptcy 
administrator shall fix the maximum annual compensation and percentage 
fee notwithstanding any reference in title 11, United States Code, to 
the court's authority to fix them.
    (c) Service as Trustee.--A bankruptcy administrator may serve as 
and perform the duties of a trustee in a case under chapter 7 of title 
11, United States Code, if none of the members of the panel of private 
trustees is disinterested and willing to serve as trustee in the case. 
A bankruptcy administrator may serve as and perform the duties of a 
trustee or standing trustee in cases under chapter 12 or chapter 13 of 
title 11, United States Code, if necessary.
    (d) 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. The bankruptcy administrator shall appoint the committees 
notwithstanding any reference in title 11, United States Code, to 
appointments by the court.

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), 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 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. ENFORCEMENT OF NATIONAL LABOR RELATIONS BOARD ORDERS.

    Section 10 of the National Labor Relations Act (29 U.S.C. 160) is 
amended--
            (1) in subsection (e)--
                    (A) by inserting after ``(e)'' the following: 
                ``Review of Order; Rehearing.--'';
                    (B) by striking the first sentence;
                    (C) in the second sentence, by striking ``Upon the 
                filing'' and all that follows through ``thereupon'' and 
                inserting ``Upon the filing of a petition for review 
                under subsection (e), the court''; and
                    (D) in the last sentence, by striking ``by the 
                appropriate United States court of appeals if 
                application was made to the district court as 
                hereinabove provided, and'';
            (2) in subsection (f)--
                    (A) by inserting after ``(f)'' the following: 
                ``Petition for Review of Board 
                Order.--'';
                    (B) in the first sentence by inserting 
                ``, within 60 days after the date of the order,'' after 
                ``by filing in such a court''; and
                    (C) by striking the last sentence;
            (3) by redesignating subsections (e) and (f) as subsections 
        (f) and (e), respectively, and by reversing the order of such 
        subsections;
            (4) in subsection (g), by striking ``or (f)''; and
            (5) by adding at the end the following new subsection:
    ``(n) Penalty for Violation of Order; Injunctions and Other 
Appropriate Equitable Relief.--If any person violates a final order 
issued by the Board with respect to an unfair labor practice, the Board 
may petition any United States district court in which the unfair labor 
practice occurred, or in which such person resides or transacts 
business, for imposition of a civil penalty not to exceed $10,000 for 
each day on which such person violates the order. The United States 
district courts shall have jurisdiction to impose such a penalty 
through civil proceedings. In such actions, the United States district 
courts may grant injunctions and such other equitable relief as they 
deem appropriate in the enforcement of such final orders of the 
Board.''.

SEC. 105. REPEAL OF GEOGRAPHIC LOCATION REQUIREMENT FOR COURT RECORDS.

    Section 457 of title 28, United States Code, is amended in the 
first paragraph--
            (1) in the first sentence, by striking ``at one or more of 
        the places where court is held'' and inserting ``by the clerks 
        of the respective courts''; and
            (2) by striking the second sentence.

SEC. 106. 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. 107. 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. 108. 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. 109. 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. 110. 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. 111. 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''.

 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. LAW CLERK LOAN DEFERMENT.

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

SEC. 206. 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. 207. REPEAL OF REQUIREMENT FOR ADDITIONAL LEGISLATIVE ACTION 
              REGARDING JUDICIAL COMPENSATION.

    Section 140 of Public Law 97-92 (28 U.S.C. 461 note; 95 Stat. 1200) 
is repealed.

SEC. 208. 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. 209. 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 pursuant to subsection (g) of 
section 3006A of title 18, United States Code''.

SEC. 210. 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.''.
                                 <all>

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