107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–700

FEDERAL COURTS IMPROVEMENT ACT OF 2002

SEPTEMBER 30, 2002.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 4125] 

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 4125) to make improvements in the operation and administration of the Federal courts, and for other purposes, having considered the same, reports favorably thereon with an amendment and 

recommends that the bill as amended do pass.

CONTENTS 

Page 

The Amendment ...................................................................................................... 1

Purpose and Summary ............................................................................................ 7

Background and Need for the Legislation ............................................................. 7

Hearings ................................................................................................................... 8

Committee Consideration ........................................................................................ 8

Vote of the Committee ............................................................................................. 8

Committee Oversight Findings ............................................................................... 8

Performance Goals and Objectives ......................................................................... 8

New Budget Authority and Tax Expenditures ...................................................... 8

Congressional Budget Office Cost Estimate .......................................................... 8

Constitutional Authority Statement ...................................................................... 12

Section-by-Section Analysis and Discussion .......................................................... 12

Changes in Existing Law Made by the Bill, as Reported ..................................... 16

Markup Transcript .................................................................................................. 35

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

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. 

2

TITLE I—JUDICIAL PROCESS IMPROVEMENTS 

Sec. 101. Bankruptcy administrator authority to appoint trustees, examiners, and committee of creditors. 

Sec. 102. Change in composition of divisions of 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. 

Sec. 111. Place of holding court in the Southern District of Ohio. 

Sec. 112. Place of holding court in the Northern District of New York. 

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 attorneys. 

Sec. 207. Maximum amounts of compensation for services other than counsel. 

Sec. 208. Protection against malicious recording of fictitious liens against Federal judges. 

Sec. 209. Appointing authority for circuit librarians. 

TITLE III—ADDITIONAL PROVISIONS 

Sec. 301. Monitoring of communications of officers and employees of judicial branch.

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) 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. 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. CHANGE IN COMPOSITION OF DIVISIONS OF EASTERN DISTRICT OF TEXAS. 

(a) IN GENERAL.—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

(3) in paragraph (5), as so redesignated, by inserting ‘‘Red River,’’ after 

‘‘Franklin,’’. 

(b) TEXARKANA.—Sections 83(b)(1) and 124(c)(5) (as redesignated by subsection 

(a) of this section) 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’’. 

(c) 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 Eastern 

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 Eastern Judicial 

District of Texas on the effective date of this section. 

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 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). 

4

(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: 

‘‘§ 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 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 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. 

SEC. 111. PLACE OF HOLDING COURT IN THE SOUTHERN DISTRICT OF OHIO. 

Section 115(b)(2) of title 28, United States Code, is amended by striking ‘‘and 

Steubenville’’ and inserting ‘‘, Steubenville, and St. Clairsville’’. 

SEC. 112. 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’’. 

5

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 sixtyfive years or upon relinquishing office if the judge is then beyond the age of sixtyfive 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 posiVerDate Sep 04 2002 00:46 Oct 01, 2002 Jkt 099006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR700.XXX HR700
6

tion 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 ATTORNEYS. 

Paragraph (2) of subsection (d) of section 3006A 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. 207. 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. 208. 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: 

‘‘§ 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, 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 (including any special trial judge appointed under section 7443A of the Internal Revenue Code of 1986), 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:

‘‘1521. Retaliating against a Federal judge by false claim or slander of title.’’.

SEC. 209. 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) by striking ‘‘the court’’ and inserting ‘‘the judicial council’’; and 

(2) in subsection (b), by striking ‘‘court’’ each place it appears and inserting 

‘‘judicial council’’. 

7

TITLE III—ADDITIONAL PROVISIONS 

SEC. 301. MONITORING OF COMMUNICATIONS OF OFFICERS AND EMPLOYEES OF JUDICIAL 

BRANCH. 

Section 604 of title 28, United States Code, is amended by adding at the end 

the following: ‘‘(i)(1) The Judicial Conference should take such steps as it deems necessary and 

appropriate to safeguard the privacy of officers and employees of the judicial branch 

by ensuring that— ‘‘(A) the Director does not intercept electronic communications of any such 

officer or employee (including any electronic communication consisting of an 

electronic mail message or a transfer of information by means of the World 

Wide Web or the Internet) between or among computers, or hire or enter into 

a contract with another entity to monitor or intercept such communications, except pursuant to— ‘‘(i) a law enforcement investigation; 

‘‘(ii) prior authorization by the Judicial Conference or its Executive 

Committee; or ‘‘(iii) a policy adopted by the Judicial Conference setting forth the procedures under which the interception of such communications may be authorized; and 

‘‘(B) any information obtained pursuant to interception of communications 

authorized under subparagraph (A) is used solely for the purposes for which the 

interception is authorized. 

‘‘(2) In this subsection— ‘‘(A) the term ‘electronic communication’ has the meaning given that term 

in section 2510 of title 18; ‘‘(B) the terms ‘by means of the World Wide Web’ and ‘Internet’ have the 

meanings given those terms in section 231(e) of the Communications Act of 

1934 (47 U.S.C. 231(e)); and ‘‘(C) the term ‘computer’ has the meaning given that term in section 1030(e) 

of title 18.’’.

PURPOSE AND SUMMARY

H.R. 4125, the ‘‘Federal Courts Improvement Act of 2002,’’ contains several provisions that are needed to improve the Federal 

court system. The bill affects a wide range of judicial branch programs and operations. It addresses judicial financial administration, judicial process improvements, judiciary personnel administration, and benefits and protections. 

BACKGROUND AND NEED FOR THE LEGISLATION

H.R. 4125, the ‘‘Federal Courts Improvement Act of 2002,’’ was 

introduced on April 10, 2002, at the request of the Judicial Conference of the United States. 

Periodically, the Judicial Conference submits to the Congress 

proposals that it believes are necessary to improve the Federal 

court system. The Judicial Conference is the policy-making body of 

the Federal judiciary, and through a committee system evaluates 

court operations. The circuit judicial councils of the regional districts also have statutory responsibility for certain administrative 

and operational matters within the system. Most of the provisions 

of H.R. 4125 were developed within the judiciary and approved by 

the Judicial Conference. 

The provisions contained in H.R. 4125 address administrative, financial, personnel, organizational and technical changes that are 

needed by the article III Federal courts and their supporting agencies. These provisions are designed to have a positive impact on the 

operations of the Federal courts and enhance the delivery of justice 

in the Federal system. 

8

HEARINGS

On July 17, 2001, the Subcommittee on Courts, the Internet, and 

Intellectual Property held a legislative hearing on H.R. 2522, the 

precursor to H.R. 4125. H.R. 2522 contains all of the recommendations developed by the Judicial Conference for consideration by the 

107th Congress. H.R. 4125 is devoid of certain provisions in H.R. 

2522. Testimony was received from the Honorable Deanell R. 

Tacha, Chief Judge of the United States Court of Appeals for the 

Tenth Circuit. 

COMMITTEE CONSIDERATION

On May 2, 2002, the Subcommittee on Courts, the Internet, and 

Intellectual Property met in open session and ordered favorably reported the bill H.R. 4125, as amended, by voice vote, a quorum 

being present. On September 10, 2002, the Committee met in open 

session and ordered favorably reported the bill H.R. 4125, with 

amendment, by voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

There were no recorded votes on H.R. 4125. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

PERFORMANCE GOALS AND OBJECTIVES

H.R. 4125 does not authorize funding. Therefore, clause 3(c) of 

rule XIII of the Rules of the House of Representatives is inapplicable. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax 

expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

H.R. 4125, the following estimate and comparison prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act of 1974:

9

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 30, 2002. 

Hon. F. JAMES SENSENBRENNER, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4125, the Federal Courts 

Improvement Act of 2002. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Lanette J. Walker (for 

Federal costs), who can be reached at 226–2860, Angela Seitz (for 

the State and local impact), who can be reached at 225–3220, and 

Paige Piper/Bach (for the private-sector impact), who can be 

reached at 226–2940. 

Sincerely, 

DAN L. CRIPPEN, Director.

Enclosure

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 4125—Federal Courts Improvement Act of 2002. 

SUMMARY

H.R. 4125 would make numerous operational and administrative 

changes to the Federal court system, and would authorize the judiciary to provide a supplemental payment to jurors who serve on a 

trial more than 5 days and to establish additional employee benefits programs. CBO estimates that implementing H.R. 4125 would 

cost $14 million in 2003 and $85 million over the 2003–2007 period, subject to appropriation of the necessary funds. 

Because the salaries and benefits of certain Federal judges and 

Supreme Court justices are considered mandatory, authorizing additional benefits for these employees would increase direct spending. However, CBO estimates that those effects would be negligible 

in each year over the 2003–2007 period. 

H.R. 4125 contains an intergovernmental mandate as defined in 

the Unfunded Mandates Reform Act (UMRA), but CBO estimates 

the costs would be small and would not exceed the threshold established in the act ($58 million in 2002, adjusted annually for inflation). 

H.R. 4125 would impose a private-sector mandate, as defined by 

UMRA, by eliminating the automatic exemption from Federal jury 

service now granted to military personnel, police officers, firefighters, and certain public officials. CBO estimates that the direct 

cost of the mandate would fall well below the annual threshold established by UMRA for private-sector mandates ($115 million in 

2002, adjusted annually for inflation). 

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 4125 is shown in the following table. The costs of this legislation fall within budget function 750 (administration of justice).

10

BASIS OF ESTIMATE

For purposes of this estimate, CBO assumes that H.R. 4125 will 

be enacted near the beginning of fiscal year 2003, and that the necessary amounts will be appropriated for each fiscal year. 

Spending Subject to Appropriation 

Section 109 would allow jurors who serve more than 5 days on 

a Federal trial to be eligible for a $10 supplemental payment in addition to the daily payment of $40 per juror. Under current law, 

only those jurors who serve on trials over 30 days are eligible to 

receive the supplemental payment. Based on information from the 

Administrative Office of the United States Courts (AOUSC), the 

courts compensate jurors for about 340,000 days served each year. 

About half of all trial days are served on trials over 5 days and 

very few jurors serve more than 30 days. CBO estimates that implementing this provision would cost roughly $2 million each year 

over the 2003–2007 period to expand the eligibility of the supplemental payment to jurors. Costs would be subject to the availability of appropriated funds. 

Section 204 would allow the judiciary to provide federally subsidized employee benefits that are more generous than benefits authorized under current law. Based on information from the 

AOUSC, CBO expects that the judiciary would implement a cafeteria-style benefits program. Under the program, the judiciary 

would contribute up to $500 per employee and the employee would 

be allowed to tailor the plan to their individual needs; choosing 

from a variety of benefits including dental insurance, vision insurance, short- and long-term disability insurance, or expanded commuter subsidies. 

Based on information from the AOUSC, CBO expects that dental 

insurance would be provided in the first year with additional options added in future years. The judiciary employs about 31,000 individuals each year and CBO expects that the rate at which those 

employees participate in the dental plan would be similar for GovVerDate Sep 04 2002 00:46 Oct 01, 2002 Jkt 099006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\HR700.XXX HR700

4125CBO.eps
11

ernment-wide participation rates in the Federal Employee Health 

Benefits program. Assuming an initial participation rate of about 

75 percent, the first-year cost would be about $12 million. We also 

expect that nearly all employees would participate in the cafeteriastyle program by 2005 as additional options are added to the program, bringing the annual cost to about $16 million in that year. 

Assuming appropriation of the necessary amounts, CBO estimates 

that implementing section 204 would cost $75 million over the 

2003–2007 period to expand the employee benefits program. 

Direct Spending 

Section 204 would allow certain Federal judges and justices to 

participate in any additional benefits programs offered by the judiciary. Because the salaries and benefits of certain Federal judges 

and Supreme Court justices are considered mandatory, the Federal 

cost of more generous benefit programs would increase direct 

spending. CBO expects that participation rates for judges and justices would be similar to other judicial employees and we estimate 

that additional direct spending as a result of section 240 would not 

be significant in any year over the 5-year period because of the limited benefit the AOUSC is likely to offer. 

ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

This bill would remove the exemption from Federal jury duty 

that currently exists for employees of fire and police departments 

and public officials. Under current law, employers are prohibited 

from firing, intimidating, or coercing employees who are called to 

serve on a Federal jury. Removing the exemption would extend this 

mandate to State and local governments the employ the workers 

newly eligible for jury duty. State and local governments would 

incur direct costs only to the extent that they would be required 

to replace employees serving on a jury, in order to maintain full 

staffing levels. CBO estimates the costs would not be significant 

and, thus, would be well below the threshold established by UMRA 

($58 million in 2002, adjusted annually for inflation). 

ESTIMATED IMPACT ON THE PRIVATE SECTOR

H.R. 4125 would impose a private-sector mandate by eliminating 

the exemption from Federal jury service now granted to military 

personnel, police officers, firefighters, and certain public officials. 

The bill would require such individuals to, if selected, serve on 

grand and petit juries in United States District Courts. The direct 

cost of the mandate would be loss of net income from those individuals who would have to take the daily jury duty payment rather 

than their normal salary. According to the AOUSC, individuals currently exempt from jury service would most likely receive their regular salary rather than the jury pay if selected for jury duty. Further, according to the AOUSC, current exempt individuals made up 

roughly 1 percent of the population eligible for Federal jury duty 

and few of those individuals would be selected for service. Therefore, CBO estimates that the direct cost of the mandate would fall 

well below the annual threshold for private-sector mandates ($115 

million in 2002, adjusted annually for inflation). 

12

ESTIMATE PREPARED BY: 

Federal Costs: Lanette J. Walker (226–2860) 

Impact on State, Local, and Tribal Governments: Angela Seitz 

(225–3220) 

Impact on the Private Sector: Paige Piper/Bach (226–2940) 

ESTIMATE APPROVED BY: 

Peter H. Fontaine 

Deputy Assistant Director for Budget Analysis 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of the rule XIII of the Rules of the 

House of Representatives, the Committee finds the authority for 

this legislation in article III, section 1of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Sec. 1. Short Title; Table of Contents. This section states that this 

Act may be cited at the ‘‘Federal Courts Improvement Act of 2002.’’

Section 101:Bankruptcy Administrator Authority to Appoint 

Trustees, Examiners, and Committee of Creditors. This section provides statutory authority for bankruptcy administrators in Alabama and North Carolina to appoint bankruptcy case trustees, 

standing trustees, examiners, and committees of creditors and equity security holders, as is done in the rest of the country by U.S. 

trustees. Bankruptcy administrators would also be empowered to 

fix standing trustees’s maximum annual compensation and percentage fees. Both changes would further one of the central goals 

of the Bankruptcy Reform Act of 1978, which is to free bankruptcy 

judges from an administrative role in their cases. 

This section also would authorize bankruptcy administrators to 

serve as trustees in bankruptcy cases when necessary. Bankruptcy 

administrators would be granted the same authority to serve as 

trustees in Chapter 7 cases as United States trustees. Like United 

States trustees, bankruptcy administrators could serve as case 

trustees in Chapter 12 and Chapter 13 cases and, like assistant 

United States trustees, as standing trustees. 

Section 102: Change in Composition of Divisions of Eastern District of Texas. This amendment would implement the March 1991 

Judicial Conference proposal to designate Plano, Texas, as a place 

of holding court in the Eastern District of Texas. It also realigns 

the divisions of the U.S. District Court for the Eastern District of 

Texas to reflect the closing of the courthouse in Denton County. 

The Paris division is eliminated and its counties redistributed 

among the other divisions of the court. In addition, the provision 

clarifies that court for the Eastern District of Texas and the Western District of Arkansas may be held anywhere in the Federal 

Courthouse which sits astride the Texas-Arkansas State line. 

Section 103: Conditions of Probation and Supervised Release. In 

1984, Congress provided that if the court in a felony case sentences 

the defendant to probation, that sentence, absent extraordinary circumstances, must include a requirement that the defendant also 

pay a fine, make restitution, or work in community service. Subsections (a) and (b) make technical amendments that ensure that 

13

two sections of title 18 governing discretionary conditions of probation are in conformity on this point. 

Subsection (b) also makes an amendment to the conditions of supervised release. Prior to 1996, intermittent confinement was available as a condition of probation, but not of supervised release. Experience since 1996 has demonstrated that this form of confinement (custody by the Bureau of Prisons during nights, weekends, 

or other intervals of time) is appropriate in certain circumstances. 

First, its use should be limited, as in the case of probation, to the 

first year of supervision. Second, it should be ordered only when 

Bureau of Prisons facilities are available to accommodate the individual in question. Third, it should be available only after the 

terms of supervised release are violated so as to be an option for 

the court less severe than a revocation of supervised release. Section (b) authorizes intermittent confinement as a condition of supervised release under these three circumstances. 

Subsection (c) amends the section providing for intermittent confinement to clarify that its provisions, including the temporal limitations on its imposition, apply to supervised release as well as to 

probation. 

Section 104: Reporting of Wiretap Orders. Currently, 18 U.S.C. 

§ 2519(1) requires that Federal and State judges submit a report to 

the Administrative Office of the U.S. Courts no later than 30 days 

after the expiration of an approved order, or the denial of an order, 

for a wiretap. In contrast, Federal and State prosecutors submit 

only one report which summarizes their previous year activity. 

Section 104 would permit judges to submit annual summary reports on wiretap orders acted on during the previous calendar year, 

just as prosecutors do. This change would simplify the reporting requirements for the judges and their staffs, without affecting the accuracy or timeliness of the reporting required by the statute. 

Section 105: Clarifying the Scope of Diversity of Citizenship for 

Resident Aliens. This section amends § 1332 of title 28 to clarify the 

scope of diversity of citizenship jurisdiction in disputes involving 

aliens admitted to the United States as permanent residents (‘‘resident aliens’’). Congress added a proviso to section 1332 in 1988 (Judicial Improvements Act) to ‘‘deem’’ an alien admitted for permanent residence as a citizen of the State in which the alien is domiciled with the specific purpose of denying Federal jurisdiction in 

suits between a citizen of a State and an alien permanently residing in the same State. However, the proviso’s deeming language 

has been interpreted as applying to other litigation circumstances 

involving aliens. Thus, the Judicial Conference proposes this 

amendment to resolve conflicting interpretations of the resident 

alien proviso in § 1332. 

Section 106: Authority of District Courts Regarding Jurors. This 

section would amend 28 U.S.C. § 1866(g) to clarify that a court 

may, but is not required to, follow up on individuals who do not 

respond to the jury selection process. The provision will allow a 

court to take appropriate action against those who do not respond 

to a jury summons, but leaves the decision of how to handle nonresponders to the discretion of each court. 

Section 107: Deletion of Automatic Excuse from Jury Service for 

Members of the Armed Forces, Members of Fire and Police Departments, and Public Officers. This section eliminates two categories 

14

of exemptions from jury service: (1) members of State and local fire 

or police departments; and (2) ‘‘public officers’’ of Federal and State 

governments. 

The Department of Defense currently may authorize the exemption of members of the Armed Services from State and local jury 

service. Section 982 of Title 10 United States Code, specifies that 

members on active military duty may not be required to serve on 

a State or local jury if the Department of Defense determines that 

such service would ‘‘unreasonably interfere’’ with their military duties or would ‘‘adversely affect the readiness’’ of their unit or command. Subsection (c) expands this authority of the Department of 

Defense to include Federal jury service. 

Section 108: Elimination of the Public Drawing Requirements for 

Selection of Juror Wheels. This section eliminates the noticing and 

public drawing requirements for selecting names from jury wheels. 

This section would eliminate the requirement to post a separate notice for each drawing from the master and qualified wheels, as well 

as the requirement to draw names publicly and/or to post public 

notices. Instead, one general notice will be posted in the clerk’s office that explains the process by which names are randomly and 

periodically drawn from the wheels. 

Section 109: Supplemental Attendance Fee for Petit Jurors Serving on Lengthy Trials. Section 109 shortens the number of days 

that a juror is required to serve before he or she is eligible for the 

supplemental daily fee ($10) authorized pursuant to 28 U.S.C. 

§ 1871. This change acknowledges the hardships encountered when 

serving on a jury for an extended period of time. 

Section 110: Change in Composition of Divisions in Western District of Tennessee. Section 110 switches Dyer County, Tennessee, as 

a component of the Western (judicial) District of Tennessee, to the 

Eastern District. The change is being made as an accommodation 

to the affected litigants and attorneys, who currently experience 

travel hardships under the present District structure. 

Section 111: Place of Holding Court in the Southern District of 

Ohio. This amendment establishes St. Clairsville as a place of holding court in the Southern District of Ohio. St. Clairsville is more 

conveniently located for parties, attorneys, and jurors. Also, local 

courtroom space is available for use. 

Section 112: Place of Holding Court in the Northern District of 

New York. This amendment establishes Plattsburgh as a place of 

holding court in the Northern District of New York. Due to increased security along the border, it is expected that the number 

of criminal cases will increase substantially. This will enable the 

prompt prosecution of cases. A Federal building is available for use. 

Section 201:Disability Retirement and Cost-of-Living Adjustments 

of Annuities for Territorial Judges. This section gives territorial 

judges in the district courts of Guam, the Northern Mariana Islands, and the Virgin Islands comparable retirement arrangements 

as other judges. 

Section 202: Federal Judicial Center Personnel Matters. This 

amendment would restore the parity in the salary levels of the 

Federal Judicial Center’s senior staff and that of the Administrative Office of the United States Courts by authorizing the Director 

of the Center to set the compensation of a limited number of Center professional employees at levels equivalent to Level IV of the 

15

Executive Schedule pay rates. The proposed language would limit 

the Federal Judicial Center to increase in four positions. The 

amendment also corrects a misspelling in the original statute. 

Section 203: Annual Leave Limit for Judicial Branch Executives.

This provision amends § 6304(f) of title 5, United States Code, in 

order to exempt court unit executive positions designated by the 

Judicial Conference from the provisions of the Leave Act that prevent most Federal employees from carrying over more than 240 

hours of annual leave from 1 year to the next. Instead, it would 

make applicable to court unit executives the 720 hour maximum 

carry over amount of annual leave that has already been established for members of the Executive Branch’s Senior Executive 

Services. 

Section 204: Supplemental Benefits Program. Section 204 authorizes the judiciary to provide its employees with a benefits package 

that is more competitive with those already provided throughout 

the private sector, State governments, colleges and universities, 

and the banking agencies in the executive branch. The Federal Reserve, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation recognized the need to improve 

benefits and were granted authority by Congress to offer these 

same enhanced benefits. 

Section 205: Inclusion of Judicial Branch Personnel in Organ 

Donor Leave Program. Section 205 extends the application of the 

Organ Donor Leave Act to the judicial branch, thereby entitling a 

participant to paid leave as an organ donor for 30 days each calendar year. The statute currently applies only to executive branch 

employees. 

Section 206:Maximum Amounts of Compensation for Attorneys.

This section increases the case compensation maximum amounts 

for attorneys by approximately the rate of inflation since 1986 

(44%), the last year case compensation maximums were increased. 

This section also changes the case compensation maximum applicable to counsel representing non-capital habeas corpus petitioners. 

Section 207: Maximum Amounts of Compensation for Services 

Other than Counsel. This section increases the compensation maximums of investigators, experts, and other service providers by approximately the rate of inflation since 1986 (44%), the last year 

case compensation maximums were increased. 

Section 208: Protection Against Malicious Recording of Fictitious 

Liens Against Federal Judges. In recent years, members of the Federal judiciary have been victimized by persons seeking to intimidate or harass them by filing false liens against a judge’s real or 

personal property, normally in response to an adverse and unrelated legal proceeding over which the judge presided. The current 

system used to dismiss the liens—invoking the services of assistant 

U.S. Attorneys—has not led to expeditious results, in large part because suits are often brought in State court and sometimes later 

removed to Federal court. Therefore, section 208 creates a new 

criminal sanction of up to 5 years as a deterrent to such behavior. 

Section 209: Appointing Authority for Circuit Librarians. This 

section amends the appointing authority of the circuit librarian 

from the appellate court to the circuit judicial council. This change 

will reflect the transformation of the appellate library program into 

its current role of providing circuit-wide services. 

16

Section 301: Monitoring of Communications of Officers and Employees of Judicial Branch. This section urges the Judicial Conference to safeguard the privacy of officers and employees of the judicial branch by ensuring that the Administrative Office of the U.S. 

Courts does not intercept their electronic communications unless 

the interception is pursuant to: (1) a law enforcement investigation; 

(2) prior authorization by the Judicial Conference (or its executive 

committee); or (3) a policy adopted by the Judicial Conference setting forth the procedures under which such interception may be authorized. The amendment also urges the Judicial Conference to ensure that any information obtained pursuant to an authorized 

interception be used solely for the purposes for which the interception is authorized. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman):

TITLE 28, UNITED STATES CODE 

* * * * * * *

PART I—ORGANIZATION OF COURTS 

* * * * * * *

CHAPTER 5—DISTRICT COURTS 

* * * * * * *

§ 83. Arkansas 

Arkansas is divided into two judicial districts to be known as 

the Eastern and Western Districts of Arkansas. 

Eastern District 

(a) * * *

* * * * * * * 

Western District 

(b) The Western District comprises six divisions. 

(1) The Texarkana Division comprises the counties of 

Hempstead, Howard, Lafayette, Little River, Miller, Nevada, 

and Sevier. 

Court for the Texarkana Division shall be held at Texarkana, and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas. 

* * * * * * *

17

§ 112. New York 

New York is divided into four judicial districts to be known as 

the Northern, Southern, Eastern, and Western Districts of New 

York. 

Northern District 

(a) The Northern District comprises the counties of Albany, 

Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saint Lawrence, Saratoga, Schenectady, 

Schoharie, Tioga, Tompkins, Ulster, Warren, and Washington. 

Court for the Northern District shall be held at Albany, Auburn, Binghamton, Malone, Syracuse, Utica, øand Watertown¿ Watertown, and Plattsburgh. 

* * * * * * *

§ 115. Ohio 

Ohio is divided into two judicial districts to be known as the 

Northern and Southern Districts of Ohio. 

Northern District 

(a) * * *

* * * * * * *

Southern District 

(b) The Southern District comprises two divisions. 

(1) * * *

(2) The Eastern Division comprises the counties of Athens, 

Belmont, Coshocton, Delaware, Fairfield, Fayette, Franklin, 

Gallia, Guernsey, Harrison, Hocking, Jackson, Jefferson, Knox, 

Licking, Logan, Madison, Meigs, Monroe, Morgan, Morrow, 

Muskingum, Noble, Perry, Pickaway, Pike, Ross, Union, 

Vinton, and Washington. 

Court for the Eastern Division shall be held at Columbus 

øand Steubenville¿, Steubenville, and St. Clairsville. 

* * * * * * *

§ 123. Tennessee 

Tennessee is divided into three judicial districts to be known 

as the Eastern, Middle, and Western Districts of Tennessee. 

Eastern District 

(a) * * *

* * * * * * *

Western District 

(c) The Western District comprises two divisions. 

(1) The Eastern Division comprises the counties of Benton, 

Carroll, Chester, Crockett, Decatur, Dyer, Gibson, Hardeman, 

18

Hardin, Haywood, Henderson, Henry, Lake, McNairy, Madison, Obion, Perry, and Weakley. 

The Eastern Division also includes the waters of Tennessee River to low-water mark on the eastern shore wherever 

such river forms the boundary between the western and middle 

districts from the north line of Alabama north to the point in 

Henry County, Tennessee, where the south boundary of Kentucky strikes the east bank of the river. 

Court for the Eastern Division shall be held at Jackson 

and Dyersburg. 

(2) The Western Division comprises the counties of øDyer,¿

Fayette, Lauderdale, Shelby, and Tipton. 

Court for the Western Division shall be held at Memphis 

øand Dyersburg¿. 

* * * * * * *

§ 124. Texas 

Texas is divided into four judicial districts to be known as the 

Northern, Southern, Eastern, and Western Districts of Texas. 

Northern District 

(a) * * *

* * * * * * *

Eastern District 

(c) The Eastern District comprises seven divisions. 

(1) * * *

* * * * * * *

(3) The Sherman Division comprises the counties of Collin, 

Cook, øDenton, and Grayson¿ Delta, Denton, Fannin, Grayson, 

Hopkins, and Lamar. 

Court for the Sherman Division shall be held at Sherman 

and Plano. 

ø(4) The Paris Division comprises the counties of Delta, 

Fannin, Hopkins, Lamar, and Red River. 

øCourt for the Paris Division shall be held at Paris.¿

ø(5)¿ (4) The Marshall Division comprises the counties of 

Camp, Cass, Harrison, Marion, Morris, and Upshur. 

Court for the Marshall Division shall be held at Marshall. 

ø(6)¿ (5) The Texarkana Division comprises the counties of 

Bowie, Franklin, Red River, and Titus. 

Court for the Texarkana Division shall be held at Texarkana, and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas. 

ø(7)¿ (6) The Lufkin Division comprises the counties of 

Angelina, Houston, Nacogdoches, Polk, Sabine, San Augustine, 

Shelby, Trinity, and Tyler. 

Court for the Lufkin Division shall be held at Lufkin. 

* * * * * * *

19

CHAPTER 17—RESIGNATION AND RETIREMENT OF 

JUSTICES AND JUDGES 

* * * * * * *

§ 373. Judges in territories and possessions 

(a) * * *

* * * * * * *

(c)(1)***

* * * * * * *

ø(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 subsection (a) of this section) and the same allowances for travel and other expenses as a judge on active duty 

with the court being served.¿

(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.

* * * * * * *

ø(e) 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 removed by the President of the United 

States upon the sole ground of mental or physical disability, or 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 

he is then beyond the age of sixty-five years, (1) if his judicial service, continuous or otherwise, aggregates fifteen years or more, to 

receive during the remainder of his life an annuity equal to the salary he received when he left office, or (2) if his judicial service, continuous or otherwise, aggregated less than fifteen years but not 

less than ten years, to receive during the remainder of his life an 

annuity equal to that proportion of such salary which the aggregate 

number of his years of his judicial service bears to fifteen.¿

(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 otherVerDate Sep 04 2002 00:46 Oct 01, 2002 Jkt 099006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\HR700.XXX HR700
20

wise, 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.

* * * * * * *

ø(g) Any retired judge who is entitled to receive an annuity 

under subsection (a) shall be entitled to a cost of living adjustment 

in the amount payable to him 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 95 

per centum of the salary of a United States district judge in regular active service.¿

(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.

* * * * * * *

PART III—COURT OFFICERS AND EMPLOYEES 

* * * * * * *

CHAPTER 41—ADMINISTRATIVE OFFICE OF UNITED 

STATES COURTS 

* * * * * * *

§ 604. Duties of Director generally 

(a) The Director shall be the administrative officer of the 

courts, and under the supervision and direction of the Judicial Conference of the United States, shall: 

(1) * * *

* * * * * * *

(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;

ø(6)¿ (7) Determine and pay necessary office expenses of 

courts, judges, and those court officials whose expenses are by 

law allowable, and the lawful fees of United States magistrate 

judges; 

ø(7)¿ (8) Regulate and pay annuities to widows and surviving dependent children of justices and judges of the United 

States, judges of the United States Court of Federal Claims, 

bankruptcy judges, United States magistrate judges, Directors 

of the Federal Judicial Center, and Directors of the Administrative Office, and necessary travel and subsistence expenses 

incurred by judges, court officers and employees, and officers 

21

and employees of the Administrative Office, and the Federal 

Judicial Center, while absent from their official stations on official business, without regard to the per diem allowances and 

amounts for reimbursement of actual and necessary expenses 

established by the Administrator of General Services under 

section 5702 of title 5, except that the reimbursement of subsistence expenses may not exceed that authorized by the Director for judges of the United States under section 456 of this 

title; 

ø(8)¿ (9) Disburse appropriations and other funds for the 

maintenance and operation of the courts; 

ø(9)¿ (10) Establish pretrial services pursuant to section 

3152 of title 18, United States Code; 

ø(10)¿ (11)(A) Purchase, exchange, transfer, distribute, and 

assign the custody of lawbooks, equipment, supplies, and other 

personal property for the judicial branch of Government (except the Supreme Court unless otherwise provided pursuant to 

paragraph (17) ); (B) provide or make available readily to each 

court appropriate equipment for the interpretation of proceedings in accordance with section 1828 of this title; and (C) 

enter into and perform contracts and other transactions upon 

such terms as the Director may deem appropriate as may be 

necessary to the conduct of the work of the judicial branch of 

Government (except the Supreme Court unless otherwise provided pursuant to paragraph (17) ), and contracts for nonpersonal services providing pretrial services, agencies for the interpretation of proceedings, and for the provision of special interpretation services pursuant to section 1828 of this title may 

be awarded without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5); 

ø(11)¿ (12) Audit vouchers and accounts of the courts, the 

Federal Judicial Center, the offices providing pretrial services, 

and their clerical and administrative personnel; 

ø(12)¿ (13) Provide accommodations for the courts, the 

Federal Judicial Center, the offices providing pretrial services 

and their clerical and administrative personnel; 

ø(13)¿ (14) Lay before Congress, annually, statistical tables that will accurately reflect the business transacted by the 

several bankruptcy courts, and all other pertinent data relating to such courts; 

ø(14)¿ (15) Pursuant to section 1827 of this title, establish 

a program for the certification and utilization of interpreters in 

courts of the United States; 

ø(15)¿ (16) Pursuant to section 1828 of this title, establish 

a program for the provision of special interpretation services in 

courts of the United States; 

ø(16)¿ (17)(A) In those districts where the Director considers it advisable based on the need for interpreters, authorize 

the full-time or part-time employment by the court of certified 

interpreters; (B) where the Director considers it advisable 

based on the need for interpreters, appoint certified interpreters on a full-time or part-time basis, for services in various 

courts when he determines that such appointments will result 

in the economical provision of interpretation services; and (C) 

pay out of moneys appropriated for the judiciary interpreters’

22

salaries, fees, and expenses, and other costs which may accrue 

in accordance with the provisions of sections 1827 and 1828 of 

this title; 

ø(17)¿ (18) In the Director’s discretion, (A) accept and utilize voluntary and uncompensated (gratuitous) services, including services as authorized by section 3102(b) of title 5, United 

States Code; and (B) accept, hold, administer, and utilize gifts 

and bequests of personal property for the purpose of aiding or 

facilitating the work of the judicial branch of Government, but 

gifts or bequests of money shall be covered into the Treasury; 

ø(18)¿ (19) Establish procedures and mechanisms within 

the judicial branch for processing fines, restitution, forfeitures 

of bail bonds or collateral, and assessments; 

ø(19)¿ (20) Regulate and pay annuities to bankruptcy 

judges and United States magistrate judges in accordance with 

section 377 of this title and paragraphs (1)(B) and (2) of section 

2(c) of the Retirement and Survivors’ Annuities for Bankruptcy 

Judges and Magistrates Act of 1988; 

ø(20)¿ (21) Periodically compile—

(A) * * *

* * * * * * *

ø(21)¿ (22) Establish a program of incentive awards for 

employees of the judicial branch of the United States Government, other than any judge who is entitled to hold office during 

good behavior; 

ø(22)¿ (23) Receive and expend, either directly or by transfer to the United States Marshals Service or other Government 

agency, funds appropriated for the procurement, installation, 

and maintenance of security equipment and protective services 

for the United States Courts in courtrooms and adjacent areas, 

including building ingress/egress control, inspection of packages, directed security patrols, and other similar activities; 

ø(23)¿ (24) Regulate and pay annuities to judges of the 

United States Court of Federal Claims in accordance with section 178 of this title; and 

ø(24)¿ (25) Perform such other duties as may be assigned 

to him by the Supreme Court or the Judicial Conference of the 

United States. 

* * * * * * *

(i)(1) The Judicial Conference should take such steps as it 

deems necessary and appropriate to safeguard the privacy of officers 

and employees of the judicial branch by ensuring that—

(A) the Director does not intercept electronic communications of any such officer or employee (including any electronic 

communication consisting of an electronic mail message or a 

transfer of information by means of the World Wide Web or the 

Internet) between or among computers, or hire or enter into a 

contract with another entity to monitor or intercept such communications, except pursuant to—

(i) a law enforcement investigation; 

(ii) prior authorization by the Judicial Conference or 

its Executive Committee; or 

23

(iii) a policy adopted by the Judicial Conference setting 

forth the procedures under which the interception of such 

communications may be authorized; and 

(B) any information obtained pursuant to interception of 

communications authorized under subparagraph (A) is used 

solely for the purposes for which the interception is authorized. 

(2) In this subsection— (A) the term ‘‘electronic communication’’ has the meaning 

given that term in section 2510 of title 18; 

(B) the terms ‘‘by means of the World Wide Web’’ and ‘‘Internet’’ have the meanings given those terms in section 231(e) 

of the Communications Act of 1934 (47 U.S.C. 231(e)); and 

(C) the term ‘‘computer’’ has the meaning given that term 

in section 1030(e) of title 18.

* * * * * * *

CHAPTER 42—FEDERAL JUDICIAL CENTER 

* * * * * * *

§ 625. Director and staff 

(a) * * *

(b) The Director shall appoint and fix the compensation of such 

additional professional personnel as the Board may deem necessary, without regard to the provisions of title 5ø, United States 

Code,¿ governing appointments in competitive service, or the provisions of chapter 51 and subchapter III of chapter 53 of such title, 

relating to classification and General Schedule pay rates: Provided, 

however, That the compensation of any person appointed under 

this subsection shall not exceed the annual rate of basic pay of 

level V of the Executive Schedule øpay rates, section 5316, title 5, 

United States Code¿ 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 provided further, That the salary of a reemployed annuitant under øthe Civil 

Servive Retirement Act shall be adjusted pursuant to the provisions of section 8344, title 5, United States Code¿ 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. 

(c) The Director shall appoint and fix the compensation of such 

secretarial and clerical personnel as he may deem necessary, subject to the provisions of title 5ø, United States Code,¿ governing appointments in competitive service without regard to the provisions 

of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. 

(d) The Director may procure personal services as authorized 

by section 3109 of title 5, øUnited States Code,¿ at rates not to exceed the daily equivalent of the highest rate payable under General 

Schedule pay ratesø, section 5332, title 5, United States Code¿

under section 5332 of title 5. 

* * * * * * *

24

CHAPTER 47—COURTS OF APPEALS 

* * * * * * *

§ 713. Librarians 

(a) øEach court of appeals¿ The judicial council of each circuit

may appoint a librarian who shall be subject to removal by øthe 

court¿ the judicial council. 

(b) The librarian, with the approval of the øcourt¿ judicial 

council, may appoint necessary library assistants in such numbers 

as the Director of the Administrative Office of the United States 

Courts may approve. The librarian may remove such library assistants with the approval of the øcourt¿ judicial council. 

* * * * * * *

PART IV—JURISDICTION AND VENUE 

* * * * * * *

CHAPTER 85—DISTRICT COURTS; JURISDICTION 

* * * * * * *

§ 1332. Diversity of citizenship; amount in controversy; costs 

(a) The district courts shall have original jurisdiction of all civil 

actions where the matter in controversy exceeds the sum or value 

of $75,000, exclusive of interest and costs, and is between—

(1) * * *

* * * * * * *

(4) a foreign state, defined in section 1603(a) of this title, 

as plaintiff and citizens of a State or of different States. 

øFor the purposes of this section, section 1335, and section 

1441, an alien admitted to the United States for permanent 

residence shall be deemed a citizen of the State in which such 

alien is domiciled.¿ 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.

* * * * * * *

PART V—PROCEDURE 

* * * * * * *

CHAPTER 121—JURIES; TRIAL BY JURY 

* * * * * * *

§ 1863. Plan for random jury selection 

(a) * * *

(b) Among other things, such plan shall—

(1) * * *

* * * * * * *

25

ø(6) specify that the following persons are barred from jury 

service on the ground that they are exempt: (A) members in active service in the Armed Forces of the United States; (B) 

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; (C) 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.¿

ø(7)¿ (6) fix the time when the names drawn from the 

qualified jury wheel shall be disclosed to parties and to the 

public. If the plan permits these names to be made public, it 

may nevertheless permit the chief judge of the district court, 

or such other district court judge as the plan may provide, to 

keep these names confidential in any case where the interests 

of justice so require. 

ø(8)¿ (7) specify the procedures to be followed by the clerk 

or jury commission in assigning persons whose names have 

been drawn from the qualified jury wheel to grand and petit 

jury panels. 

* * * * * * *

§ 1864. Drawing of names from the master jury wheel; completion of juror qualification form 

(a) From time to time as directed by the district court, the 

clerk or a district judge shall øpublicly¿ draw at random from the 

master jury wheel the names of as many persons as may be required for jury service. 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. The 

clerk or jury commission may, upon order of the court, prepare an 

alphabetical list of the names drawn from the master jury wheel. 

Any list so prepared shall not be disclosed to any person except 

pursuant to the district court plan or pursuant to section 1867 or 

1868 of this title. The clerk or jury commission shall mail to every 

person whose name is drawn from the master wheel a juror qualification form accompanied by instructions to fill out and return the 

form, duly signed and sworn, to the clerk or jury commission by 

mail within ten days. If the person is unable to fill out the form, 

another shall do it for him, and shall indicate that he has done so 

and the reason therefor. In any case in which it appears that there 

is an omission, ambiguity, or error in a form, the clerk or jury commission shall return the form with instructions to the person to 

make such additions or corrections as may be necessary and to return the form to the clerk or jury commission within ten days. Any 

person who fails to return a completed juror qualification form as 

instructed may be summoned by the clerk or jury commission 

forthwith to appear before the clerk or jury commission to fill out 

a juror qualification form. A person summoned to appear because 

of failure to return a juror qualification form as instructed who personally appears and executes a juror qualification form before the 

26

clerk or jury commission may, at the discretion of the district court, 

except where his prior failure to execute and mail such form was 

willful, be entitled to receive for such appearance the same fees 

and travel allowances paid to jurors under section 1871 of this title. 

At the time of his appearance for jury service, any person may be 

required to fill out another juror qualification form in the presence 

of the jury commission or the clerk or the court, at which time, in 

such cases as it appears warranted, the person may be questioned, 

but only with regard to his responses to questions contained on the 

form. Any information thus acquired by the clerk or jury commission may be noted on the juror qualification form and transmitted 

to the chief judge or such district court judge as the plan may provide. 

* * * * * * *

§ 1865. Qualifications for jury service 

(a) The chief judge of the district court, or such other district 

court judge as the plan may provide, on his initiative or upon recommendation of the clerk or jury commission, or the clerk under 

supervision of the court if the court’s jury selection plan so authorizes, shall determine solely on the basis of information provided on 

the juror qualification form and other competent evidence whether 

a person is unqualified forø, or exempt,¿ or to be excused from jury 

service. The clerk shall enter such determination in the space provided on the juror qualification form and in any alphabetical list 

of names drawn from the master jury wheel. If a person did not 

appear in response to a summons, such fact shall be noted on said 

list. 

* * * * * * *

§ 1866. Selection and summoning of jury panels 

(a) The jury commission, or in the absence thereof the clerk, 

shall maintain a qualified jury wheel and shall place in such wheel 

names of all persons drawn from the master jury wheel who are 

determined to be qualified as jurors and not øexempt or¿ excused 

pursuant to the district court plan. From time to time, the jury 

commission or the clerk shall øpublicly¿ draw at random from the 

qualified jury wheel such number of names of persons as may be 

required for assignment to grand and petit jury panels. 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. The jury commission or the clerk shall 

prepare a separate list of names of persons assigned to each grand 

and petit jury panel. 

* * * * * * *

(c) Except as provided in section 1865 of this title or in any 

jury selection plan provision adopted pursuant to paragraph (5) øor 

(6)¿ of section 1863(b) of this title, no person or class of persons 

shall be disqualified, excluded, øexcused, or exempt¿ or excused

from service as jurors: Provided, That any person summoned for 

jury service may be (1) excused by the court, or by the clerk under 

supervision of the court if the court’s jury selection plan so authorizes, upon a showing of undue hardship or extreme inconvenience, 

27

for such period as the court deems necessary, at the conclusion of 

which such person either shall be summoned again for jury service 

under subsections (b) and (c) of this section or, if the court’s jury 

selection plan so provides, the name of such person shall be reinserted into the qualified jury wheel for selection pursuant to subsection (a) of this section, or (2) excluded by the court on the 

ground that such person may be unable to render impartial jury 

service or that his service as a juror would be likely to disrupt the 

proceedings, or (3) excluded upon peremptory challenge as provided 

by law, or (4) excluded pursuant to the procedure specified by law 

upon a challenge by any party for good cause shown, or (5) excluded upon determination by the court that his service as a juror 

would be likely to threaten the secrecy of the proceedings, or otherwise adversely affect the integrity of jury deliberations. No person 

shall be excluded under clause (5) of this subsection unless the 

judge, in open court, determines that such is warranted and that 

exclusion of the person will not be inconsistent with sections 1861 

and 1862 of this title. The number of persons excluded under 

clause (5) of this subsection shall not exceed one per centum of the 

number of persons who return executed jury qualification forms 

during the period, specified in the plan, between two consecutive 

fillings of the master jury wheel. The names of persons excluded 

under clause (5) of this subsection, together with detailed explanations for the exclusions, shall be forwarded immediately to the 

judicial council of the circuit, which shall have the power to make 

any appropriate order, prospective or retroactive, to redress any 

misapplication of clause (5) of this subsection, but otherwise exclusions effectuated under such clause shall not be subject to challenge under the provisions of this title. Any person excluded from 

a particular jury under clause (2), (3), or (4) of this subsection shall 

be eligible to sit on another jury if the basis for his initial exclusion 

would not be relevant to his ability to serve on such other jury. 

(d) Whenever a person is disqualified, excused, øexempt,¿ or 

excluded from jury service, the jury commission or clerk shall note 

in the space provided on his juror qualification form or on the juror’s card drawn from the qualified jury wheel the specific reason 

therefor. 

* * * * * * *

(g) Any person summoned for jury service who fails to appear 

as directed øshall¿ may be ordered by the district court to appear 

forthwith and show cause for øhis¿ the failure to comply with the 

summons. Any person who fails to show good cause for noncompliance with a summons may be fined not more than $100 or imprisoned not more than three days, or both. 

* * * * * * *

§ 1869. Definitions 

For purposes of this chapter—

(a) * * *

* * * * * * *

(h) ‘‘juror qualification form’’ shall mean a form prescribed by 

the Administrative Office of the United States Courts and approved 

by the Judicial Conference of the United States, which shall elicit 

28

the name, address, age, race, occupation, education, length of residence within the judicial district, distance from residence to place 

of holding court, prior jury service, and citizenship of a potential 

juror, and whether he should be excused øor exempted¿ from jury 

service, has any physical or mental infirmity impairing his capacity 

to serve as juror, is able to read, write, speak, and understand the 

English language, has pending against him any charge for the commission of a State or Federal criminal offense punishable by imprisonment for more than one year, or has been convicted in any 

State or Federal court of record of a crime punishable by imprisonment for more than one year and has not had his civil rights restored. The form shall request, but not require, any other information not inconsistent with the provisions of this title and required 

by the district court plan in the interests of the sound administration of justice. The form shall also elicit the sworn statement that 

his responses are true to the best of his knowledge. Notarization 

shall not be required. The form shall contain words clearly informing the person that the furnishing of any information with respect 

to his religion, national origin, or economic status is not a prerequisite to his qualification for jury service, that such information 

need not be furnished if the person finds it objectionable to do so, 

and that information concerning race is required solely to enforce 

nondiscrimination in jury selection and has no bearing on an individual’s qualification for jury service. 

ø(i) ‘‘public officer’’ shall mean a person who is either elected 

to public office or who is directly appointed by a person elected to 

public office;¿

* * * * * * *

ø(k) ‘‘publicly draw’’, as referred to in sections 1864 and 1866 

of this chapter, shall mean a drawing which is conducted within 

the district after reasonable public notice and which is open to the 

public at large under the supervision of the clerk or jury commission, except that when a drawing is made by means of electronic 

data processing, ′′publicly draw′′ shall mean a drawing which is 

conducted at a data processing center located in or out of the district, after reasonable public notice given in the district for which 

juror names are being drawn, and which is open to the public at 

large under such supervision of the clerk or jury commission as the 

Judicial Conference of the United States shall by regulation require; and¿

* * * * * * *

§ 1871. Fees 

(a) * * *

(b)(1) * * *

* * * * * * *

(2) A petit juror required to attend more than øthirty¿ five

days in hearing one case may be paid, in the discretion of the trial 

judge, an additional fee, not exceeding $10 more than the attendance fee, for each day in excess of øthirty¿ five days on which he 

is required to hear such case. 

* * * * * * *

29

TITLE 18, UNITED STATES CODE 

* * * * * * *

PART I—CRIMES 

* * * * * * *

CHAPTER 73—OBSTRUCTION OF JUSTICE

Sec. 

1501. Assault on process server. 

* * * * * * *

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

* * * * * * *

§ 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, 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 (including any special trial judge appointed under section 7443A of the Internal Revenue Code of 1986), District Court of 

Guam, District Court of the Northern Mariana Islands, or District 

Court of the Virgin Islands.

* * * * * * *

CHAPTER 119—WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL 

COMMUNICATIONS 

* * * * * * *

§ 2519. Reports concerning intercepted wire, oral, or electronic communications 

ø(1) Within thirty days after the expiration of an order (or each 

extension thereof) entered under section 2518, or the denial of an 

order approving an interception, the issuing or denying judge shall 

report to the Administrative Office of the United States Courts— ¿

30

(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— (a) * * *

* * * * * * *

PART II—CRIMINAL PROCEDURE 

* * * * * * *

CHAPTER 201—GENERAL PROVISIONS 

* * * * * * *

§ 3006A. Adequate representation of defendants 

(a) * * *

* * * * * * *

(d) PAYMENT FOR REPRESENTATION.— (1) * * *

(2) MAXIMUM AMOUNTS.—For representation of a defendant before the United States magistrate or the district court, 

or both, the compensation to be paid to an attorney or to a bar 

association or legal aid agency or community defender organization shall not exceed $ø5,200¿ 7,000 for each attorney in a case in which one or more felonies are charged, and $ø1,500¿

2,000 for each attorney in a case in which only misdemeanors 

are charged. For representation of a defendant in an appellate 

court, the compensation to be paid to an attorney or to a bar 

association or legal aid agency or community defender organization shall not exceed $ø3,700¿ 5,000 for each attorney in 

each court. For representation of a petitioner in a non-capital 

habeas corpus proceeding, the compensation for each attorney 

shall not exceed the amount applicable to a felony in this paragraph for representation of a defendant before a judicial officer 

of the district court. For representation of such petitioner in an 

appellate court, the compensation for each attorney shall not 

exceed the amount applicable for representation of a defendant 

in an appellate court. For representation of an offender before 

the United States Parole Commission in a proceeding under 

section 4106A of this title, the compensation shall not exceed 

$ø1,200¿ 1,500 for each attorney in each proceeding; for representation of an offender in an appeal from a determination 

of such Commission under such section, the compensation shall 

not exceed $ø3,900¿ 5,000 for each attorney in each court. For 

any other representation required or authorized by this section, the compensation shall not exceed $ø1,200¿ 1,500 for each 

attorney in each proceeding. 

* * * * * * *

(e) SERVICES OTHER THAN COUNSEL.— (1) * * *

(2) WITHOUT PRIOR REQUEST.—(A) Counsel appointed 

under this section may obtain, subject to later review, invesVerDate Sep 04 2002 00:46 Oct 01, 2002 Jkt 099006 PO 00000 Frm 00030 Fmt 6659 Sfmt 6601 E:\HR\OC\HR700.XXX HR700
31

tigative, expert, and other services without prior authorization 

if necessary for adequate representation. Except as provided in 

subparagraph (B) of this paragraph, the total cost of services 

obtained without prior authorization may not exceed ø$300¿

$500 and expenses reasonably incurred. 

(B) The court, or the United States magistrate (if the services were rendered in a case disposed of entirely before the 

United States magistrate), may, in the interest of justice, and 

upon the finding that timely procurement of necessary services 

could not await prior authorization, approve payment for such 

services after they have been obtained, even if the cost of such 

services exceeds ø$300¿ $500. (3) MAXIMUM AMOUNTS.—Compensation to be paid to a 

person for services rendered by him to a person under this subsection, or to be paid to an organization for services rendered 

by an employee thereof, shall not exceed ø$1,000¿ $1,600, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the court, 

or by the United States magistrate if the services were rendered in connection with a case disposed of entirely before him, 

as necessary to provide fair compensation for services of an unusual character or duration, and the amount of the excess payment is approved by the chief judge of the circuit. The chief 

judge of the circuit may delegate such approval authority to an 

active circuit judge. 

* * * * * * *

CHAPTER 227—SENTENCES 

* * * * * * *

SUBCHAPTER B—PROBATION 

* * * * * * *

§ 3563. Conditions of probation 

(a) MANDATORY CONDITIONS.—The court shall provide, as an 

explicit condition of a sentence of probation—

(1) * * *

(2) for a felony, that the defendant also abide by at least 

one condition set forth in subsection ø(b)(2), (b)(3), or (b)(13),¿

(b)(2) or (b)(12) unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the other conditions set forth under subsection (b); 

* * * * * * *

(b) DISCRETIONARY CONDITIONS.—The court may provide, as 

further conditions of a sentence of probation, to the extent that 

such conditions are reasonably related to the factors set forth in 

section 3553(a)(1) and (a)(2) and to the extent that such conditions 

involve only such deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 3553(a)(2), that 

the defendant—

32

(1) * * *

* * * * * * *

(10) remain in the custody of the Bureau of Prisons during 

nights, weekends, or other intervals of time, totaling no more 

than the lesser of one year or the term of imprisonment authorized for the offense, during the first year of the term of 

probation or supervised release; 

* * * * * * *

SUBCHAPTER D—IMPRISONMENT 

* * * * * * *

§ 3583. Inclusion of a term of supervised release after imprisonment 

(a) * * *

* * * * * * *

(d) CONDITIONS OF SUPERVISED RELEASE.—The court shall 

order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during 

the term of supervision and that the defendant not unlawfully possess a controlled substance. The court shall order as an explicit 

condition of supervised release for a defendant convicted for the 

first time of a domestic violence crime as defined in section 3561(b) 

that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, 

in consultation with a State Coalition Against Domestic Violence or 

other appropriate experts, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant. 

The court shall order, as an explicit condition of supervised release 

for a person described in section 4042(c)(4), that the person report 

the address where the person will reside and any subsequent 

change of residence to the probation officer responsible for supervision, and that the person register in any State where the person 

resides, is employed, carries on a vocation, or is a student (as such 

terms are defined under section 170101(a)(3) of the Violent Crime 

Control and Law Enforcement Act of 1994). The court shall order, 

as an explicit condition of supervised release, that the defendant 

cooperate in the collection of a DNA sample from the defendant, if 

the collection of such a sample is authorized pursuant to section 3 

of the DNA Analysis Backlog Elimination Act of 2000. The court 

shall also order, as an explicit condition of supervised release, that 

the defendant refrain from any unlawful use of a controlled substance and submit to a drug test within 15 days of release on supervised release and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance. The condition stated in the preceding sentence may be ameliorated or suspended by the court as provided in section 3563(a)(4). The results 

of a drug test administered in accordance with the preceding subsection shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such 

failure, and either the defendant denies the accuracy of such test 

or there is some other reason to question the results of the test. 

A drug test confirmation shall be a urine drug test confirmed using 

33

gas chromatography/mass spectrometry techniques or such test as 

the Director of the Administrative Office of the United States 

Courts after consultation with the Secretary of Health and Human 

Services may determine to be of equivalent accuracy. The court 

shall consider whether the availability of appropriate substance 

abuse treatment programs, or an individual’s current or past participation in such programs, warrants an exception in accordance 

with United States Sentencing Commission guidelines from the 

rule of section 3583(g) when considering any action against a defendant who fails a drug test. The court may order, as a further 

condition of supervised release, to the extent that such condition—

(1) * * *

* * * * * * *

any condition set forth as a discretionary condition of probation in 

section ø3563(b)(1) through (b)(10) and (b)(12) through (b)(20), and 

any other condition it considers to be appropriate.¿ 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. If an alien defendant is subject to deportation, the court 

may provide, as a condition of supervised release, that he be deported and remain outside the United States, and may order that 

he be delivered to a duly authorized immigration official for such 

deportation. 

* * * * * * *

TITLE 10, UNITED STATES CODE 

* * * * * * *

Subtitle A—General Military Law 

* * * * * * *

PART II—PERSONNEL 

* * * * * * *

CHAPTER 49—MISCELLANEOUS PROHIBITIONS AND 

PENALTIES

Sec. 

971. Service credit: officers may not count service performed while serving as 

cadet or midshipman. 

* * * * * * *

ø982. Members: service on State and local juries.¿

982. Members: service on Federal, State, and local juries.

* * * * * * *

34

§ 982. øMembers: service on State and local juries¿ Members: 

service on Federal, State, and local juries

(a) A member of the armed forces on active duty may not be 

required to serve on a øState or¿ Federal, State, or local jury if the 

Secretary concerned determines that such service—

(1) * * *

* * * * * * *

TITLE 5, UNITED STATES CODE 

* * * * * * *

PART III—EMPLOYEES 

* * * * * * *

Subpart E—Attendance and Leave 

* * * * * * *

CHAPTER 63—LEAVE 

* * * * * * *

SUBCHAPTER I—ANNUAL AND SICK LEAVE 

* * * * * * *

§ 6304. Annual leave; accumulation 

(a) * * *

* * * * * * *

(f)(1) This subsection applies with respect to annual leave accrued by an individual while serving in a position in— (A) * * *

* * * * * * *

(D) the Senior Cryptologic Executive Service; øor¿

(E) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Serviceø.¿; or

(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.

* * * * * * *

SUBCHAPTER II—OTHER PAID LEAVE 

* * * * * * *

§ 6327. Absence in connection with serving as a bone-marrow or organ donor 

(a) An employee in or under an Executive agency or an entity 

of the judicial branch is entitled to leave without loss of or reduction in pay, leave to which otherwise entitled, credit for time or 

35

service, or performance or efficiency rating, for the time necessary 

to permit such employee to serve as a bone-marrow or organ donor. 

* * * * * * *

MARKUP TRANSCRIPT

BUSINESS MEETING 

TUESDAY, SEPTEMBER 10, 2002

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:00 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr. [chairman of the Committee] presiding. 

Chairman SENSENBRENNER. The Committee will be in order, and 

a working quorum is present. 

* * * * * * *

The chair would ask the indulgence of the Members for the remaining three bills which I don’t think are very controversial. The 

next item on the agenda is H.R.4125, the ‘‘Federal Courts Improvement Act of 2002.’’

The chair recognizes the gentleman from North Carolina, Mr. 

Coble, for a motion. 

Mr. COBLE. Mr. Chairman, the Subcommittee on Courts, the 

Internet, Intellectual Property reports favorably the bill, H.R. 4125 

with a single amendment in the nature of a substitute and moves 

its favorable recommendation to the full House. 

Chairman SENSENBRENNER. Without objection, the bill will be 

considered as read and open for amendment at any point. The Subcommittee amendment in the nature of a substitute which the 

Members have before them will be considered as read, considered 

as the original text for purposes of amendment and open for 

amendment at any point. 

[The amendment follows:]

36 H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 4125

AS REPORTED BY THE SUBCOMMITTEE ON

COURTS, THE INTERNET, AND INTELLECTUAL

PROPERTY

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Federal Courts Improvement Act of 2002’’.

4 (b) TABLE OF CONTENTS.—The table of contents of

5 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. Change in composition of divisions of 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.


A4125.AAB
37

2

H.L.C.

Sec. 206. Maximum amounts of compensation for services other than counsel.

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

1 TITLE I—JUDICIAL PROCESS

2 IMPROVEMENTS

3 SEC. 101. BANKRUPTCY ADMINISTRATOR AUTHORITY TO

4 APPOINT TRUSTEES, EXAMINERS, AND COM5 MITTEE OF CREDITORS.

6 (a) APPOINTMENT OF TRUSTEES.—Until the amend7 ments made by subtitle A of title II of the Bankruptcy

8 Judges, United States Trustees, and Family Farmer

9 Bankruptcy Act of 1986 (28 U.S.C. 581 note; Public Law

10 99–554; 100 Stat. 3123) become effective in a judicial dis11 trict and apply to a case, a bankruptcy administrator ap12 pointed to serve in the district pursuant to section

13 302(d)(3)(I) of that Act, as amended by section 317(a)

14 of the Federal Courts Study Committee Implementation

15 Act of 1990 (Public Law 101–650; 104 Stat 5115), shall

16 appoint the trustees, examiners, and standing trustees

17 subject to the provisions set forth in sections 701, 1104,

18 1202, and 1302 of title 11, United States Code.

19 (b) STANDING TRUSTEES.—The Director of the Ad20 ministrative Office of the United States Courts, in con21 sultation with the bankruptcy administrator referred to in

22 subsection (a), shall fix the maximum annual compensa23 tion and percentage fee for the standing trustees ap24 pointed under subsection (a) notwithstanding the refVerDate Sep 04 2002 00:46 Oct 01, 2002 Jkt 099006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6601 E:\HR\OC\HR700.XXX HR700

A4125.AAC
38

3

H.L.C.

1 erences in those sections of title 11, United States Code,

2 to the court’s authority to fix them.

3 (c) SERVICE AS TRUSTEE.—A bankruptcy adminis4 trator may serve as and perform the duties of a trustee

5 in a case under chapter 7 of title 11, United States Code,

6 if none of the members of the panel of private trustees

7 is disinterested and willing to serve as trustee in the case.

8 A bankruptcy administrator may serve as and perform the

9 duties of a trustee or standing trustee in cases under

10 chapter 12 or chapter 13 of title 11, United States Code,

11 if necessary.

12 (d) APPOINTMENT OF COMMITTEES.—Until the

13 amendments made by subtitle A of title II of the Bank14 ruptcy Judges, United States Trustees, and Family Farm15 er Bankruptcy Act of 1986 become effective in a judicial

16 district and apply to a case, the bankruptcy administrator

17 appointed to serve in the district shall appoint the commit18 tees of creditors and equity security holders provided in

19 section 1102 of title 11, United States Code. On request

20 of a party in interest, the court may order the appoint21 ment of additional committees of creditors or of equity se22 curity holders if necessary to assure adequate representa23 tion of creditors or equity security holders. The bank24 ruptcy administrator shall appoint any such committee.

25 On request of a party in interest in a case in which the


A4125.AAD
39

4

H.L.C.

1 debtor is a small business and for cause, the court may

2 order that a committee of creditors not be appointed.

3 SEC. 102. CHANGE IN COMPOSITION OF DIVISIONS OF

4 EASTERN DISTRICT OF TEXAS.

5 (a) IN GENERAL.—Section 124(c) of title 28, United

6 States Code, is amended—

7 (1) in paragraph (3)—

8 (A) by striking ‘‘Denton, and Grayson’’

9 and inserting ‘‘Delta, Denton, Fannin, Grayson,

10 Hopkins, and Lamar’’; and

11 (B) by inserting ‘‘and Plano’’ after ‘‘held

12 at Sherman’’;

13 (2) by striking paragraph (4) and redesignating

14 paragraphs (5) through (7) as paragraphs (4)

15 through (6), respectively; and

16 (3) in paragraph (5), as so redesignated, by in17 serting ‘‘Red River,’’ after ‘‘Franklin,’’.

18 (b) EFFECTIVE DATE.—

19 (1) IN GENERAL.—This section and the amend20 ments made by this section shall take effect on the

21 date of the enactment of this Act.

22 (2) PENDING CASES NOT AFFECTED.—This sec23 tion and the amendments made by this section shall

24 not affect any action commenced before the effective

25 date of this section and pending in the United


A4125.AAE
40

5

H.L.C.

1 States District Court for the Eastern District of

2 Texas on such date.

3 (3) JURIES NOT AFFECTED.—This section and

4 the amendments made by this section shall not af5 fect the composition, or preclude the service, of any

6 grand or petit jury summoned, impaneled, or actu7 ally serving in the Eastern Judicial District of Texas

8 on the effective date of this section.

9 SEC. 103. CONDITIONS OF PROBATION AND SUPERVISED

10 RELEASE.

11 (a) CONDITIONS OF PROBATION.—Section

12 3563(a)(2) of title 18, United States Code, is amended

13 by striking ‘‘(b)(2), (b)(3), or (b)(13),’’ and inserting

14 ‘‘(b)(2) or (b)(12)’’.

15 (b) SUPERVISED RELEASE AFTER IMPRISONMENT.—

16 Section 3583(d) of title 18, United States Code, is amend17 ed by striking ‘‘section 3563(b)(1)’’ and all that follows

18 through ‘‘appropriate.’’ and inserting ‘‘section 3563(b)

19 and any other condition it considers to be appropriate, ex20 cept that a condition set forth in subsection 3563(b)(10)

21 shall be imposed only for a violation of a condition of su22 pervised release in accordance with subsection (e)(2) of

23 this section and only when facilities are available.’’.


A4125.AAF
41

6

H.L.C.

1 (c) CONFORMING AMENDMENT.—Section

2 3563(b)(10) of title 18, United States Code, is amended

3 by inserting ‘‘or supervised release’’ after ‘‘probation’’.

4 SEC. 104. REPORTING OF WIRETAP ORDERS.

5 Paragraph (1) of section 2519 of title 18, United

6 States Code, is amended by striking all that precedes

7 ‘‘(a)’’ and inserting the following:

8 ‘‘(1) In January of each year, any judge who has

9 issued an order (or extension thereof) under section 2518

10 which expired during the preceding year or who has denied

11 approval of an interception during that year, shall report

12 to the Administrative Office of the United States

13 Courts—’’.

14 SEC. 105. CLARIFYING THE SCOPE OF DIVERSITY OF CITI15 ZENSHIP FOR RESIDENT ALIENS.

16 Section 1332(a) of title 28, United States Code, is

17 amended by striking the last sentence and inserting the

18 following: ‘‘The district courts shall not have original ju19 risdiction under paragraph (2) or (3) where the matter

20 in controversy is between a citizen of a State and a citizen

21 or subject of a foreign state admitted to the United States

22 for permanent residence and domiciled in the same

23 State.’’.


A4125.AAG
42

7

H.L.C.

1 SEC. 106. AUTHORITY OF DISTRICT COURTS REGARDING

2 JURORS.

3 Section 1866(g) of title 28, United States Code, is

4 amended in the first sentence—

5 (1) by striking ‘‘shall’’ and inserting ‘‘may’’;

6 and

7 (2) by striking ‘‘his’’ and inserting ‘‘the’’.

8 SEC. 107. DELETION OF AUTOMATIC EXCUSE FROM JURY

9 SERVICE FOR MEMBERS OF THE ARMED

10 FORCES, MEMBERS OF FIRE AND POLICE DE11 PARTMENTS, AND PUBLIC OFFICERS.

12 (a) REMOVAL OF EXEMPTION.—Section 1863(b) of

13 title 28, United States Code, is amended by striking para14 graph (6) and redesignating paragraphs (7) and (8) as

15 paragraphs (6) and (7), respectively.

16 (b) CONFORMING AMENDMENTS.—(1) Section

17 1865(a) of title 28, United States Code, is amended in

18 the first sentence by striking ‘‘, or exempt,’’.

19 (2) Section 1866 of title 28, United States Code, is

20 amended—

21 (A) in the first sentence of subsection (a), by

22 striking ‘‘exempt or’’;

23 (B) in the first sentence of subsection (c)—

24 (i) by striking ‘‘or (6)’’; and

25 (ii) by striking ‘‘excused, or exempt’’ and

26 inserting ‘‘or excused’’; and


A4125.AAH
43

8

H.L.C.

1 (C) in subsection (d), by striking ‘‘exempt,’’.

2 (3) Section 1869 of title 28, United States Code, is

3 amended—

4 (A) in the first sentence of subsection (h), by

5 striking ‘‘or exempted’’; and

6 (B) by repealing subsection (i).

7 (c) DISCRETIONARY EXEMPTION FROM SERVICE.—

8 (1) Section 982 of title 10, United States Code, is

9 amended—

10 (A) by amending the section heading to read as

11 follows:

12 ‘‘§ 982. Members: service on Federal, State, and local

13 juries’’;

14 and

15 (B) by striking ‘‘State or’’ and inserting ‘‘Fed16 eral, State, or’’.

17 (2) The item relating to section 982 in the table of

18 sections for chapter 49 of title 10, United States Code,

19 is amended to read as follows:

‘‘982. Members: service on Federal, State, and local juries.’’.

20 SEC. 108. ELIMINATION OF THE PUBLIC DRAWING RE21 QUIREMENTS FOR SELECTION OF JUROR

22 WHEELS.

23 (a) DRAWING OF NAMES FROM JURY WHEEL.—Sec24 tion 1864(a) of title 28, United States Code, is amended—


A4125.AAI
44

9

H.L.C.

1 (1) in the first sentence, by striking ‘‘publicly’’;

2 and

3 (2) by inserting after the first sentence the fol4 lowing new sentence: ‘‘The clerk or jury commission

5 shall post a general notice for public review in the

6 clerk’s office explaining the process by which names

7 are periodically and randomly drawn.’’.

8 (b) SELECTION AND SUMMONING OF JURY PAN9 ELS.—Section 1866(a) of title 28, United States Code, is

10 amended—

11 (1) in the second sentence, by striking ‘‘pub12 licly’’; and

13 (2) by inserting after the second sentence the

14 following new sentence: ‘‘The clerk or jury commis15 sion shall post a general notice for public review in

16 the clerk’s office explaining the process by which

17 names are periodically and randomly drawn.’’.

18 (c) CONFORMING AMENDMENT.—Section 1869(k) of

19 title 28, United States Code, is repealed.

20 SEC. 109. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT

21 JURORS SERVING ON LENGTHY TRIALS.

22 Section 1871(b)(2) of title 28, United States Code,

23 is amended by striking ‘‘thirty’’ each place it appears and

24 inserting ‘‘five’’.


A4125.AAJ
45

10

H.L.C.

1 SEC. 110. CHANGE IN COMPOSITION OF DIVISIONS IN WEST2 ERN DISTRICT OF TENNESSEE.

3 (a) IN GENERAL.—Section 123(c) of title 28, United

4 States Code, is amended—

5 (1) in paragraph (1)—

6 (A) by inserting ‘‘Dyer,’’ after ‘‘Decatur,’’;

7 and

8 (B) in the last sentence, by inserting ‘‘and

9 Dyersburg’’ after ‘‘Jackson’’; and

10 (2) in paragraph (2)—

11 (A) by striking ‘‘Dyer,’’; and

12 (B) in the last sentence, by striking ‘‘and

13 Dyersburg’’.

14 (b) EFFECTIVE DATE.—

15 (1) IN GENERAL.—This section and the amend16 ments made by this section shall take effect on the

17 date of the enactment of this Act.

18 (2) PENDING CASES NOT AFFECTED.—This sec19 tion and the amendments made by this section shall

20 not affect any action commenced before the effective

21 date of this section and pending in the United

22 States District Court for the Western District of

23 Tennessee on such date.

24 (3) JURIES NOT AFFECTED.—This section and

25 the amendments made by this section shall not af26 fect the composition, or preclude the service, of any


A4125.AAK
46

11

H.L.C.

1 grand or petit jury summoned, impaneled, or actu2 ally serving in the Western Judicial District of Ten3 nessee on the effective date of this section.

4 TITLE II—JUDICIAL PERSONNEL

5 ADMINISTRATION, BENEFITS,

6 AND PROTECTIONS

7 SEC. 201. DISABILITY RETIREMENT AND COST-OF-LIVING

8 ADJUSTMENTS OF ANNUITIES FOR TERRI9 TORIAL JUDGES.

10 Section 373 of title 28, United States Code, is

11 amended—

12 (1) by amending subsection (c)(4) to read as

13 follows:

14 ‘‘(4) Any senior judge performing judicial duties pur15 suant to recall under paragraph (2) of this subsection

16 shall be paid, while performing such duties, the same com17 pensation (in lieu of the annuity payable under this sec18 tion) and the same allowances for travel and other ex19 penses as a judge on active duty with the court being

20 served.’’;

21 (2) by amending subsection (e) to read as fol22 lows:

23 ‘‘(e)(1) Any judge of the District Court of Guam, the

24 District Court of the Northern Mariana Islands, or the

25 District Court of the Virgin Islands who is not reappointed


A4125.AAL
47

12

H.L.C.

1 (as judge of such court) shall be entitled, upon attaining

2 the age of sixty-five years or upon relinquishing office if

3 the judge is then beyond the age of sixty-five years—

4 ‘‘(A) if the judicial service of such judge, con5 tinuous or otherwise, aggregates fifteen years or

6 more, to receive during the remainder of such

7 judge’s life an annuity equal to the salary received

8 when the judge left office; or

9 ‘‘(B) if such judicial service, continuous or oth10 erwise, aggregated less than fifteen years, to receive

11 during the remainder of such judge’s life an annuity

12 equal to that proportion of such salary which the ag13 gregate number of such judge’s years of service

14 bears to fifteen.

15 ‘‘(2) Any judge of the District Court of Guam, the

16 District Court of the Northern Mariana Islands, or the

17 District Court of the Virgin Islands who has served at

18 least five years, continuously or otherwise, and who retires

19 or is removed upon the sole ground of mental or physical

20 disability, shall be entitled to receive during the remainder

21 of such judge’s life an annuity equal to 40 percent of the

22 salary received when the judge left office or, in the case

23 of a judge who has served at least ten years, continuously

24 or otherwise, an annuity equal to that proportion of such


A4125.AAM
48

13

H.L.C.

1 salary which the aggregate number of such judge’s years

2 of judicial service bears to fifteen.’’; and

3 (3) by amending subsection (g) to read as fol4 lows:

5 ‘‘(g) Any retired judge who is entitled to receive an

6 annuity under this section shall be entitled to a cost-of7 living adjustment in the amount computed as specified in

8 section 8340(b) of title 5, except that in no case may the

9 annuity payable to such retired judge, as increased under

10 this subsection, exceed the salary of a judge in regular

11 active service with the court on which the retired judge

12 served before retiring.’’.

13 SEC. 202. FEDERAL JUDICIAL CENTER PERSONNEL MAT14 TERS.

15 Section 625 of title 28, United States Code, is

16 amended—

17 (1) in subsection (b)—

18 (A) by striking ‘‘, United States Code,’’;

19 (B) by striking ‘‘pay rates, section 5316,

20 title 5, United States Code’’ and inserting

21 ‘‘under section 5316 of title 5, except that the

22 Director may fix the compensation of 4 posi23 tions of the Center at a level not to exceed the

24 annual rate of pay in effect for level IV of the


A4125.AAN
49

14

H.L.C.

1 Executive Schedule under section 5315 of title

2 5’’; and

3 (C) by striking ‘‘the Civil Service’’ and all

4 that follows through ‘‘Code’’ and inserting

5 ‘‘subchapter III of chapter 83 of title 5 shall be

6 adjusted pursuant to the provisions of section

7 8344 of such title, and the salary of a reem8 ployed annuitant under chapter 84 of title 5

9 shall be adjusted pursuant to the provisions of

10 section 8468 of such title’’;

11 (2) in subsection (c), by striking ‘‘, United

12 States Code,’’; and

13 (3) in subsection (d)—

14 (A) by striking ‘‘United States Code,’’; and

15 (B) by striking ‘‘, section 5332, title 5,

16 United States Code’’ and inserting ‘‘under sec17 tion 5332 of title 5’’.

18 SEC. 203. ANNUAL LEAVE LIMIT FOR JUDICIAL BRANCH

19 EXECUTIVES.

20 Section 6304(f)(1) of title 5, United States Code, is

21 amended—

22 (1) in subparagraph (D), by striking ‘‘or’’;

23 (2) in subparagraph (E), by striking the period

24 and inserting ‘‘; or’’; and

25 (3) by adding at the end the following:


A4125.AAO
50

15

H.L.C.

1 ‘‘(F) the Judicial Branch designated as a court

2 unit executive position by the Judicial Conference of

3 the United States or designated as an executive posi4 tion in the Federal Judicial Center by the Board of

5 the Federal Judicial Center.’’.

6 SEC. 204. SUPPLEMENTAL BENEFITS PROGRAM.

7 Section 604(a) of title 28, United States Code, is

8 amended—

9 (1) by redesignating paragraphs (6) through

10 (24) as paragraphs (7) through (25), respectively;

11 and

12 (2) by inserting after paragraph (5) the fol13 lowing:

14 ‘‘(6) In the Director’s discretion, establish a

15 program of benefits, in addition to those otherwise

16 provided by law, for officers and employees of the ju17 dicial branch, including justices and judges of the

18 United States;’’.

19 SEC. 205. INCLUSION OF JUDICIAL BRANCH PERSONNEL IN

20 ORGAN DONOR LEAVE PROGRAM.

21 Section 6327(a) of title 5, United States Code, is

22 amended by inserting ‘‘or an entity of the judicial branch’’

23 after ‘‘An employee in or under an Executive agency’’.


A4125.AAP
51

16

H.L.C.

1 SEC. 206. MAXIMUM AMOUNTS OF COMPENSATION FOR

2 SERVICES OTHER THAN COUNSEL.

3 Subsection (e) of section 3006A of title 18, United

4 States Code, is amended—

5 (1) in paragraph (2)—

6 (A) in subparagraph (A), by striking

7 ‘‘$300’’ and inserting ‘‘$500’’; and

8 (B) in subparagraph (B), by striking

9 ‘‘$300’’ and inserting ‘‘$500’’; and

10 (2) in paragraph (3), by striking ‘‘$1,000’’ and

11 inserting ‘‘$1,600’’.

12 SEC. 207. PROTECTION AGAINST MALICIOUS RECORDING

13 OF FICTITIOUS LIENS AGAINST FEDERAL

14 JUDGES.

15 (a) IN GENERAL.—Chapter 73 of title 18, United

16 States Code, is amended by adding at the end thereof the

17 following:

18 ‘‘§ 1519. Retaliating against a Federal judge by false

19 claim or slander of title

20 ‘‘(a) Whoever files or attempts to file, in any public

21 record or in any private record which is generally available

22 to the public, any lien, encumbrance, civil claim, or other

23 document against a Federal Judge or against the real or

24 personal property of a Federal Judge, knowing or having

25 reason to know that such claim, lien, encumbrance, or doc26 ument is false or contains any materially false, fictitious,


A4125.AAQ
52

17

H.L.C.

1 or fraudulent statement or representation, shall be fined

2 under this title or imprisoned for not more than five years,

3 or both. In the case of an offense under this subsection

4 which was committed after the defendant had previously

5 been convicted of an earlier offense under this subsection,

6 the defendant shall be fined under this title or imprisoned

7 for not more than ten years, or both.

8 ‘‘(b) As used in this section, the term ‘Federal Judge’

9 means a justice or judge of the United States as defined

10 in section 451 of title 28, a judge of the United States

11 Court of Federal Claims, a United States bankruptcy

12 judge, a United States magistrate judge, and a judge of

13 the United States Court of Appeals for the Armed Forces,

14 United States Court of Appeals for Veterans Claims,

15 United States Tax Court, District Court of Guam, District

16 Court of the Northern Mariana Islands, or District Court

17 of the Virgin Islands.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of chapter 73 of title 18, United States

20 Code, is amended by adding at the end the following new

21 item:

‘‘1519. Retaliating against a Federal judge by false claim or slander of title.’’.

Æ


A4125.AAR
53

Chairman SENSENBRENNER. Without objection, the opening statements of all Members will be placed in the record at this point. 

[The prepared statement of Mr. Berman follows:]

PREPARED STATEMENT OF THE HONORABLE HOWARD L. BERMAN, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF CALIFORNIA

Mr. Chairman, 

Thank you for calling this mark-up today. 

H.R. 4125 represents the annual package of legislative changes requested by the 

U.S. courts. As we typically do, Subcommittee Chairman Coble and I introduced this 

bill at the request of the courts. Except for one provision, the bill is entirely noncontroversial. It will clearly contribute to judicial efficiency and will promote the 

sound management of the judicial branch. 

After the adoption of several amendments, which will soon be offered, I intend to 

fully support passage of the bill by the Committee. And assuming these amendments are adopted, I encourage my colleagues to do the same. 

I yield back the balance of my time.

Chairman SENSENBRENNER. There are some Members who wish 

to leave to go home for primaries. I think those Members would 

particularly appreciate chatter on these three bills being kept to a 

minimum. 

Are there amendments? 

Mr. SCOTT. Mr. Chairman, I have an amendment. 

Chairman SENSENBRENNER. The gentleman from Virginia. 

Mr. SCOTT. Mr. Chairman, I have an amendment at the desk, 

number one. 

[The amendment follows:]

54

Chairman SENSENBRENNER. The clerk will report the Scott 

amendment. 

The CLERK. Amendment offered by Mr. Scott to the amendment 

in the nature of a substitute to H.R.4125. On page 11 following the 

text on Line 3, insert Section 111 making permanent the temporary judgeship in the Eastern District of Virginia. 

Mr. SCOTT. Mr. Chairman, I move the reading of the amendment 

be waived. 

Chairman SENSENBRENNER. Without objection, it is so ordered. 

The gentleman is recognized for 5 minutes. 

Mr. SCOTT. Mr. Chairman, the purpose of the amendment is fairly straightforward. It would convert a temporary judgeship in the 


A4125A.eps
55

Federal district court in the eastern district of Virginia into a permanent judgeship. 

I have a long statement, Mr. Chairman, that I would like unanimous consent to introduce in the record outlining the need for this 

judgeship. 

Chairman SENSENBRENNER. Without objection. 

[The prepared statement of Mr. Scott follows:]

PREPARED STATEMENT OF THE HONORABLE ROBERT C. SCOTT, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF VIRGINIA

Mr. Chairman, the purpose of my amendment is very straightforward. It would 

convert a temporary judgeship in the federal court in the Eastern District of Virginia into a permanent judgeship. 

To give you some history—One of the current federal district court judgeships in 

the Eastern District of Virginia is a temporary judgeship that will expire with the 

first vacancy after April 8, 2002. This temporary judgeship was originally created 

in the 1990 Judgeships Bill and filled in April 1992. It was scheduled to last for 

10 years. Presumably, this was so that we could determine whether there is a need, 

and a [statistical] demand, for the judgeship. If there was a need, we would continue 

it. If there wasn’t a need, then we wouldn’t. 

Over time, it has been shown that this judgeship is critically needed in the Eastern District of Virginia. According to the most recent statistics [for 2001] by the Administrative Office of the Courts, the weighted filings in the Eastern District of Virginia per judgeship (including the temporary judgeship) was 617. This is about 30% 

higher than the average weighted filings per judgeship throughout the country. The 

true number would be even higher without the temporary judgeship or if any of the 

Court’s four senior judges decides to discontinue their [voluntary] practice of taking 

a full percentage of the case assignments. And this number does not factor in the 

likelihood that many of the terrorism cases will continue to be tried in the Eastern 

District of Virginia. So it is clear that there is still a need to continue this judgeship. 

Mr. Chairman, I know that there is a great demand for new judgeships in many 

members’ districts. And I have no interest in getting involved in the issue of new 

judgeships. But here we are not talking about a new judgeship. This is a judgeship 

that already exists, and that will disappear—perhaps without any advance notice—

unless we take action. 

Given the high case load already in the Eastern District, it is important for the 

effective administration of justice in Virginia that the temporary judgeship in the 

Eastern District be converted to a permanent judgeship. Unless we do so, when one 

of the ten active judges on the Eastern District bench retires, takes senior status, 

or passes away the judgeship will be lost forever. I ask for your support on this 

amendment.

Mr. SCOTT. I’ll yield back. 

Chairman SENSENBRENNER. The chair will recognize itself for 5 

minutes. I would oppose any amendments relating to additional 

courts in this bill at this time. The Senate has put additional 

courts in the DOJ reauthorization bill. We are having a meeting of 

the conference of the Senate and the House on Wednesday of next 

week. 

If the Members will forebear on additional judges, I will give the 

gentleman from Virginia as well as the gentleman from California 

who looks very antsy, you know, my commitment that we will work 

with them to get the courts that their States need in the DOJ reauthorization bill. 

Mr. SCOTT. Thank you, Mr. Chairman. With that, I ask unanimous consent to withdraw the amendment. 

Chairman SENSENBRENNER. The amendment is withdrawn. Are 

there further amendments? 

Mr. COBLE. I have an amendment, Mr. Chairman, en bloc. 

Chairman SENSENBRENNER. The gentleman from North Carolina. 

[The amendment en bloc follows:]

56 H.L.C.

EN BLOC AMENDMENT TO THE AMENDMENT

IN THE NATURE OF A SUBSTITUTE

TO H.R. 4125

OFFERED BY MR. COBLE

Page 4, insert the following after line 17 and redesignate the succeeding subsection accordingly.

1 (b) TEXARKANA.—Sections 83(b)(1) and 124(c)(5)

2 (as redesignated by subsection (a) of this section) of title

3 28, United States Code, are each amended by inserting

4 after ‘‘held at Texarkana’’ the following: ‘‘, and may be

5 held anywhere within the Federal courthouse in Tex6 arkana that is located astride the State line between Texas

7 and Arkansas’’.

Page 11, insert the following after line 3.

8 SEC. 111. PLACE OF HOLDING COURT IN THE SOUTHERN

9 DISTRICT OF OHIO.

10 Section 115(b)(2) of title 28, United States Code, is

11 amended by striking ‘‘and Steubenville’’ and inserting ‘‘,

12 Steubenville, and St. Clairsville’’.

13 SEC. 112. PLACE OF HOLDING COURT IN THE NORTHERN

14 DISTRICT OF NEW YORK.

15 Section 112(a) of title 28, United States Code, is

16 amended by striking ‘‘and Watertown’’ and inserting

17 ‘‘Watertown, and Plattsburgh’’.


AB4125.AAB
57

2

H.L.C.

Insert the following after section 205 and redesignate the succeeding sections accordingly:

1 SEC. 206. MAXIMUM AMOUNTS OF COMPENSATION FOR AT2 TORNEYS.

3 Paragraph (2) of subsection (d) of section 3006A of

4 title 18, United States Code, is amended—

5 (1) by striking ‘‘5,200’’ and inserting ‘‘7,000’’;

6 (2) by striking ‘‘1,500’’ and inserting ‘‘2,000’’;

7 (3) by striking ‘‘3,700’’ and inserting ‘‘5,000’’;

8 (4) by striking ‘‘1,200’’ each place it appears

9 and inserting ‘‘1,500’’; and

10 (5) by striking ‘‘3,900’’ and inserting ‘‘5,000’’.

Page 17, insert after ‘‘Tax Court’’ the following:

‘‘(including any special trial judge appointed under section 7443A of the Internal Revenue Code of 1986)’’.

Add after section 207 the following:

11 SEC. 208. APPOINTING AUTHORITY FOR CIRCUIT LIBRAR12 IANS.

13 Section 713 of title 28, United States Code, is

14 amended—

15 (1) in subsection (a)—

16 (A) by striking ‘‘Each court of appeals’’

17 and inserting ‘‘The judicial council of each cir18 cuit’’; and


AB4125.AAC
58

3

H.L.C.

1 (B) by striking ‘‘the court’’ and inserting

2 ‘‘the judicial council’’; and

3 (2) in subsection (b), by striking ‘‘court’’ each

4 place it appears and inserting ‘‘judicial council’’.

Amend the table of contents accordingly.


AB4125.AAD
59

Mr. COBLE. These amendments, Mr. Chairman, make four noncontroversial changes. 

Chairman SENSENBRENNER. Without objection, the amendments 

are considered en bloc. 

Mr. COBLE. Do you want me to explain each one, Mr. Chairman? 

Chairman SENSENBRENNER. No. 

Mr. COBLE. All right. Very well. 

Chairman SENSENBRENNER. Does anybody have any questions of 

the gentleman from North Carolina? No. 

The question is on agreeing to the amendments en block of the 

gentleman from North Carolina, Mr. Coble. Those in favor will say 

aye. 

Opposed, no. The ayes appear to have it. The ayes have it and 

the amendments en bloc are agreed to. 

The gentlemen from California. 

Mr. BERMAN. Yes, Mr. Chairman. I have an amendment at the 

desk. It is with Mr. Goodlatte. 

Chairman SENSENBRENNER. The clerk will report the amendment. 

The CLERK. Amendment to the amendment in the nature of a 

substitute to H.R.4125 offered by Mr. Berman and Mr. Goodlatte: 

Add the following at the end. 

Mr. BERMAN. Mr. Chairman, I ask unanimous consent that the 

amendment be considered as read. 

Chairman SENSENBRENNER. Without objection. 

[The amendment follows:]

60


A4125B1.eps
61


A4125B2.eps
62

Mr. BERMAN. Mr. Chairman, would you like me to explain the 

amendment? 

Chairman SENSENBRENNER. No. 

Mr. BERMAN. I have a good explanation to put in the record. 

Chairman SENSENBRENNER. Without objection, the good explanation will be put in the record together with all bad explanations 

that other Members want to put in. 

[The prepared statement of Mr. Berman follows:]

PREPARED STATEMENT OF THE HONORABLE HOWARD L. BERMAN, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF CALIFORNIA

TALKING POINTS IN SUPPORT OF JUDICIAL PRIVACY AMENDMENT

I have an amendment at the desk that I am offering in conjunction with Ranking 

Member Conyers and Representative Goodlatte. Representative Delahunt would 

have offered this amendment had he been able to attend today. 

I believe all my colleagues on both sides of the aisle should be able to support 

this amendment. It is a well-reasoned compromise and is the product of negotiations 

convened by Subcommittee Chairman Coble. 

The amendment simply states that the Judicial Conference of the U.S. Courts 

should take certain steps to protect the privacy of judges and judicial employees. 

Namely, the Judicial Conference should ensure that the Administrative Office of the 

U.S. Courts—or AO—does not intercept electronic communications of judges and judicial employees without authorization from the Judicial Conference. 

The amendment does not require the Judicial Conference to adopt any particular 

policy regarding interception of electronic communications. Thus, the amendment 

can in no way be characterized as interfering with the independence of the Judicial 

Branch. 

The amendment does, however, send a powerful message that Congress will closely scrutinize future Administrative Office actions affecting privacy of judges and judicial employees. This focus should serve as a powerful deterrent to any restrictions 

on privacy that are not authorized by the Judicial Conference as a whole. 

Based on past history, we have adequate cause to be concerned that, without this 

amendment, the AO may unilaterally decide to intercept or otherwise monitor the 

electronic communications of judges and judicial employees. Twice in the last couple 

of years, the AO appears to have done so. 

In 1998, the AO employed a filtering service to block judicial employee access to 

websites deemed inappropriate. The AO did so without explicit authorization from 

the Judicial Conference, and after several judges complained, sought such authorization. While the Committee on Automation and Technology, or CAT, approved the 

filtering program, the full Judicial Conference rejected it, and the program was suspended. 

Late in 2000, the AO activated software to identify and log the transmission, origin, and destination of certain types of files sent between judicial computers and the 

Internet. The CAT approved this activity, though it is unclear at what point in the 

process it did so. Apparently having decided that these files were ‘‘inappropriate,’’

the AO sent letters to the Chief Judges of relevant circuits recommending disciplinary action for those employees who had used or downloaded the identified files at 

the identified courthouses. 

Based on these two incidents, a number of judges raised concerns within the Judicial Conference, publicly, and in correspondence with me. These judges believe the 

AO has demonstrated a desire to snoop into the emails, Internet surfing, and other 

electronic communications of judges and employees despite general Judicial Conference opposition to its activities. 

For nearly a year, I have been exploring the concerns about AO monitoring of 

electronic communications. That exploration has led me to believe we need to pass 

this amendment. We need to clearly and unequivocally tell the AO that Congress 

cares about judicial privacy, and believes decision-making on this issue belongs in 

the hands of the judges themselves. 

I urge my colleagues to vote for this amendment, and yield back the balance of 

my time.

Chairman SENSENBRENNER. Without objection, the amendment is 

agreed to. Are there further amendments? 

If not, the representing quorum is present. The question is on reporting the bill, H.R. 4125 favorably. Those in favor will say aye. 

63

Opposed, no. The ayes appear to have it. The ayes have it. The 

motion to report favorably is adopted. 

Without objection the bill will be reported favorably to the House 

in the form of a single amendment in the nature of a substitute incorporating the amendments adopted here today. 

Without objection the Chairman is authorized to move to go to 

conference pursuant to House rules. 

Without objection the staff is directed to make any technical and 

conforming changes. All Members will be given 2 days as provided 

by House rules in which to submit additional dissenting, supplemental or minority views.

Æ