II 

108TH CONGRESS 

2D SESSION S. 2396

To make improvements in the operation and administration of the Federal 

courts, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2004

Mr. HATCH (for himself, Mr. LEAHY, Mr. CHAMBLISS, Mr. DURBIN, Mr. 

SCHUMER, and Mrs. CLINTON) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL

To make improvements in the operation and administration 

of the Federal courts, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

5 ‘‘Federal Courts Improvement Act of 2004’’. 

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

7 this Act is as follows:

Sec. 1. Short title and table of contents. 

TITLE I—JUDICIAL PROCESS IMPROVEMENTS 
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Sec. 101. Authority of bankruptcy administrators to appoint trustees and to 

serve as trustees in bankruptcy cases in the States of Alabama 

and North Carolina. 

Sec. 102. Venue in bankruptcy cases. 

Sec. 103. Place of holding court in Texarkana, Texas, and Texarkana, Arkansas. 

Sec. 104. Change in composition of divisions of western district of Texas. 

Sec. 105. Change of composition of divisions of western district of Tennessee. 

Sec. 106. Place of holding court in the northern district of New York. 

Sec. 107. Juror fees. 

Sec. 108. Supplemental attendance fee for petit jurors serving on lengthy trials. 

Sec. 109. Authority of district courts as to a jury summons. 

Sec. 110. Automatic excuse upon request from jury service for members of the 

Armed Services, members of fire and police departments, and 

public officers. 

Sec. 111. Elimination of the public drawing requirements for juror wheels. 

Sec. 112. Conditions of probation and supervised release. 

Sec. 113. Clarifying the scope of diversity of citizenship for resident aliens. 

Sec. 114. Clarifying the scope of diversity of citizenship for corporations with 

foreign contacts. 

Sec. 115. Reporting of wiretap orders. 

Sec. 116. Magistrate judge participation at circuit conferences. 

Sec. 117. Repeal of Obsolete Speedy Trial Act cross references to the Narcotic 

Addict Rehabilitation Act. 

Sec. 118. Taxing of court technology costs. 

Sec. 119. Investment of court registry funds. 

Sec. 120. Emergency authority to conduct court proceedings outside the territorial jurisdiction of the court. 

Sec. 121. Restriction of public access to certain information contained in bankruptcy case files. 

Sec. 122. Security of social security account number of debtor in notice debtor 

provides to creditor. 

TITLE II—JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, 

AND PROTECTIONS 

Sec. 201. Disability retirement and cost-of-living adjustments of annuities for 

territorial judges. 

Sec. 202. Federal Judicial Center personnel matters. 

Sec. 203. Annual leave limit for judicial branch executives. 

Sec. 204. Supplemental benefits program. 

Sec. 205. Student loan forgiveness for Federal defenders. 

Sec. 206. Law clerk loan deferment. 

Sec. 207. Inclusion of judicial branch personnel in organ donor leave program. 

Sec. 208. Transportation and subsistence for Criminal Justice Act defendants. 

Sec. 209. Maximum amounts of compensation for attorneys. 

Sec. 210. Maximum amounts of compensation for services other than counsel. 

Sec. 211. Excess compensation delegation authority. 

Sec. 212. Protection against malicious recording of fictitious liens against Federal judges. 

Sec. 213. Appointing authority for circuit librarians. 

Sec. 214. Judicial branch security requirements. 

Sec. 215. Bankruptcy, magistrate, and territorial judges life insurance. 

Sec. 216. Health insurance for surviving family and spouses of judges.
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1 TITLE I—JUDICIAL PROCESS 

2 IMPROVEMENTS 

3 SEC. 101. AUTHORITY OF BANKRUPTCY ADMINISTRATORS 

4 TO APPOINT TRUSTEES AND TO SERVE AS 

5 TRUSTEES IN BANKRUPTCY CASES IN THE 

6 STATES OF ALABAMA AND NORTH CAROLINA. 

7 Until the amendments made by subtitle A of title II 

8 of the Bankruptcy Judges, United States Trustees, and 

9 Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 

10 note; Public Law 99–554; 100 Stat. 3088) become effec11 tive in and with respect to a judicial district in the State 

12 of Alabama, or in and with respect to a judicial district 

13 in the State of North Carolina—

14 (1) a reference in sections 303(g), 701(a), 

15 703(b), 703(c), 1102(a), 1104(d), 1163, 1202, and 

16 1302 of title 11, United States Code, to the United 

17 States trustee shall be deemed to be a reference to 

18 the bankruptcy administrator appointed and serving 

19 in such district under the authority of section 

20 302(d)(3)(I) of such Act; 

21 (2) a reference in sections 1202(a) and 1302(a) 

22 of title 11, United States Code, to section 586(b) of 

23 title 28, United States Code, shall be deemed to be 

24 a reference to such section as modified in operation 

25 by the other provisions of this section; 
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1 (3) a reference in sections 701(a)(1) and 703(c) 

2 of title 11, United States Code, to a panel of private 

3 trustees established under section 586(a)(1) of title 

4 28, United States Code, shall be deemed to be a ref5 erence to the panel of private trustees established in 

6 such district under the authority of section 

7 302(d)(3)(I)(i) of such Act; and 

8 (4) a reference in subsections (b), (d), and (e) 

9 of section 586 of title 28, United States Code—

10 (A) to the Attorney General shall be 

11 deemed to be a reference to the Director of the 

12 Administrative Office of the United States 

13 Courts; 

14 (B) to the United States trustee for the re15 gion shall be deemed to be a reference to the 

16 bankruptcy administrator appointed for such 

17 district; 

18 (C) to a standing trustee shall be deemed 

19 to be a reference to a standing trustee ap20 pointed by the bankruptcy administrator; 

21 (D) to the designation of 1 or more assist22 ant United States trustees shall be disregarded; 

23 and 

24 (E) to the deposit in the United States 

25 Trustee System Fund shall be deemed to be a 
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1 reference to the payment to the clerk of the 

2 court for deposit in the Treasury; 

3 for purposes of cases pending under title 11, United 

4 States Code, in such district. 

5 SEC. 102. VENUE IN BANKRUPTCY CASES. 

6 Section 1412 of title 28, United States Code, is 

7 amended by inserting ‘‘, on its own motion or on timely 

8 motion of a party in interest,’’ after ‘‘A district court’’. 

9 SEC. 103. PLACE OF HOLDING COURT IN TEXARKANA, 

10 TEXAS, AND TEXARKANA, ARKANSAS. 

11 Sections 83(b)(1) and 124(c)(5) of title 28, United 

12 States Code, are each amended by inserting after ‘‘held 

13 at Texarkana’’ the following: ‘‘, and may be held anywhere 

14 within the Federal courthouse in Texarkana that is lo15 cated astride the State line between Texas and Arkansas’’. 

16 SEC. 104. CHANGE IN COMPOSITION OF DIVISIONS OF 

17 WESTERN DISTRICT OF TEXAS. 

18 (a) IN GENERAL.—Section 124(d) of title 28, United 

19 States Code, is amended—

20 (1) in paragraph (3), by striking ‘‘county of El 

21 Paso’’ and inserting ‘‘counties of El Paso and 

22 Hudspeth’’; and 

23 (2) in paragraph (6), by striking ‘‘Hudspeth,’’. 

24 (b) EFFECTIVE DATE.—
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•S 2396 IS 

1 (1) IN GENERAL.—This section and the amend2 ments made by this section shall take effect on the 

3 date of enactment of this Act. 

4 (2) PENDING CASES NOT AFFECTED.—This sec5 tion and the amendments made by this section shall 

6 not affect any action commenced before the effective 

7 date of this section and pending in the United 

8 States District Court for the Western District of 

9 Texas on such date. 

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

11 the amendments made by this section shall not af12 fect the composition, or preclude the service, of any 

13 grand or petit jury summoned, impaneled, or actu14 ally serving in the Western Judicial District of 

15 Texas on the effective date of this section. 

16 SEC. 105. CHANGE OF COMPOSITION OF DIVISIONS OF 

17 WESTERN DISTRICT OF TENNESSEE. 

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

19 States Code, is amended—

20 (1) in paragraph (1)—

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

22 and 

23 (B) in the last sentence by inserting ‘‘and 

24 Dyersburg’’ after ‘‘Jackson’’; and 

25 (2) in paragraph (2)—
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1 (A) by striking ‘‘Dyer,’’; and 

2 (B) in the second sentence, by striking 

3 ‘‘and Dyersburg’’. 

4 (b) EFFECTIVE DATE.—

5 (1) IN GENERAL.—This section and the amend6 ments made by this section shall take effect on the 

7 date of enactment of this Act. 

8 (2) PENDING CASES NOT AFFECTED.—This sec9 tion and the amendments made by this section shall 

10 not affect any action commenced before the effective 

11 date of this section and pending in the United 

12 States District Court for the Western District of 

13 Tennessee on such date. 

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

15 the amendments made by this section shall not af16 fect the composition, or preclude the service, of any 

17 grand or petit jury summoned, impaneled, or actu18 ally serving in the Western Judicial District of Ten19 nessee on the effective date of this section. 

20 SEC. 106. PLACE OF HOLDING COURT IN THE NORTHERN 

21 DISTRICT OF NEW YORK. 

22 Section 112(a) of title 28, United States Code, is 

23 amended by striking ‘‘and Watertown’’ and inserting 

24 ‘‘Watertown, and Plattsburgh’’. 
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1 SEC. 107. JUROR FEES. 

2 (a) IN GENERAL.—Section 1871(b)(1) of title 28, 

3 United States Code, is amended by striking ‘‘$40’’ and 

4 inserting ‘‘$50’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 this section shall take effect on October 1, 2004. 

7 SEC. 108. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT 

8 JURORS SERVING ON LENGTHY TRIALS. 

9 (a) IN GENERAL.—Section 1871(b)(2) of title 28, 

10 United States Code, is amended by striking ‘‘thirty’’ in 

11 each place it occurs, and inserting ‘‘5’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall take effect on October 1, 2004. 

14 SEC. 109. AUTHORITY OF DISTRICT COURTS AS TO A JURY 

15 SUMMONS. 

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

17 amended in the first sentence—

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

19 and 

20 (2) by striking ‘‘his’’. 

21 SEC. 110. AUTOMATIC EXCUSE UPON REQUEST FROM JURY 

22 SERVICE FOR MEMBERS OF THE ARMED 

23 SERVICES, MEMBERS OF FIRE AND POLICE 

24 DEPARTMENTS, AND PUBLIC OFFICERS. 

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

26 title 28, United States Code, is amended by—
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•S 2396 IS 

1 (1) striking paragraph (6); and 

2 (2) redesignating paragraphs (7) and (8) as 

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

4 (b) PERMANENT EXCUSE.—Section 1863(b)(5) of 

5 title 28, United States Code, is amended by striking sub6 paragraph (B) and inserting the following: 

7 ‘‘(B) specify that the following persons, 

8 upon individual request, shall be excused from 

9 jury service: 

10 ‘‘(i) Members in active service in the 

11 Armed Forces of the United States. 

12 ‘‘(ii) Members of the fire or police de13 partments of any State, the District of Co14 lumbia, any territory or possession of the 

15 United States, or any subdivision of a 

16 State, the District of Columbia, or such 

17 territory or possession. 

18 ‘‘(iii) Public officers in the executive, 

19 legislative, or judicial branches of the Gov20 ernment of the United States, or of any 

21 State, the District of Columbia, any terri22 tory or possession of the United States, or 

23 any subdivision of a State, the District of 

24 Columbia, or such territory or possession, 
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1 who are actively engaged in the perform2 ance of official duties. 

3 ‘‘(iv)(I) Volunteer safety personnel. 

4 ‘‘(II) In this clause, the term ‘volun5 teer safety personnel’ means individuals 

6 serving a public agency (as defined in sec7 tion 1203(6) of title I of the Omnibus 

8 Crime Control and Safe Streets Act of 

9 1968) in an official capacity, without com10 pensation, as firefighters or members of a 

11 rescue squad or ambulance crew.’’. 

12 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

13 (1) Section 1865(a) of title 28, United States 

14 Code, is amended in the first sentence by striking 

15 ‘‘or exempt,’’. 

16 (2) Section 1866 of title 28, United States 

17 Code, is amended—

18 (A) in subsection (a), in the first sentence 

19 by striking ‘‘exempt or’’; 

20 (B) in subsection (c), in the first sen21 tence—

22 (i) by striking ‘‘or (6)’’; and 

23 (ii) by striking ‘‘excused, or exempt’’ 

24 and inserting ‘‘or excused’’; and
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1 (C) in subsection (d), by striking ‘‘ex2 empt,’’. 

3 (3) Section 1869(h) of title 28, United States 

4 Code, is amended in the first sentence by striking 

5 ‘‘or exempted’’. 

6 SEC. 111. ELIMINATION OF THE PUBLIC DRAWING RE7 QUIREMENTS FOR JUROR WHEELS. 

8 (a) DRAWING OF NAMES FROM JURY WHEEL.—Sec9 tion 1864(a) of title 28, United States Code, is amended—

10 (1) in the first sentence, by striking the term 

11 ‘‘publicly’’; and 

12 (2) by inserting after the first sentence ‘‘The 

13 clerk or jury commission shall post a general notice 

14 for public review in the clerk’s office explaining the 

15 process by which names are periodically and ran16 domly drawn.’’. 

17 (b) SELECTION AND SUMMONING OF JURY PAN18 ELS.—Section 1866(a) of title 28, United States Code, is 

19 amended—

20 (1) in the second sentence by striking the term 

21 ‘‘publicly’’; and 

22 (2) by inserting after the second sentence ‘‘The 

23 clerk or jury commission shall post a general notice 

24 for public review in the clerk’s office explaining the 
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•S 2396 IS 

1 process by which names are periodically and ran2 domly drawn.’’. 

3 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

4 Section 1869 of title 28, United States Code, is amend5 ed—

6 (1) by striking subsection (k); and 

7 (2) by redesignating subsection (l) as subsection 

8 (k). 

9 SEC. 112. 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), unless the court has imposed a fine 

15 under this chapter, or’’. 

16 (b) SUPERVISED RELEASE AFTER IMPRISONMENT.—

17 Section 3583(d) of title 18, United States Code, is amend18 ed by striking ‘‘section 3563(b)(1)’’ and all that follows 

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

20 and any other condition it considers to be appropriate, ex21 cept that a condition set forth in section 3563(b)(10) shall 

22 be imposed only for a violation of a condition of supervised 

23 release in accordance with subsection (e)(2) and only when 

24 facilities are available.’’. 
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1 (c) TECHNICAL AND CONFORMING AMENDMENT.—

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

3 amended by inserting ‘‘or supervised release’’ after ‘‘pro4 bation’’. 

5 SEC. 113. CLARIFYING THE SCOPE OF DIVERSITY OF CITI6 ZENSHIP FOR RESIDENT ALIENS. 

7 (a) IN GENERAL.—Section 1332(a) of title 28, 

8 United States Code, is amended by striking the last sen9 tence and inserting the following: ‘‘The district courts 

10 shall not have original jurisdiction under paragraph (2) 

11 or (3) where the matter in controversy is between a citizen 

12 of a State and a citizen or subject of a foreign state admit13 ted to the United States for permanent residence and 

14 domiciled in the same State.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on the date of enactment of 

17 this Act and apply only to actions filed on or after such 

18 date. 

19 SEC. 114. CLARIFYING THE SCOPE OF DIVERSITY OF CITI20 ZENSHIP FOR CORPORATIONS WITH FOR21 EIGN CONTACTS. 

22 (a) IN GENERAL.—Section 1332(c) of title 28, 

23 United States Code, is amended by striking paragraph (1) 

24 and inserting the following: 
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•S 2396 IS 

1 ‘‘(1) a corporation shall be deemed a citizen of 

2 every State and foreign state by which it has been 

3 incorporated and of the State or foreign state where 

4 it has its principal place of business; and’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the date of enactment of 

7 this Act and apply only to actions filed on or after such 

8 date. 

9 SEC. 115. REPORTING OF WIRETAP ORDERS. 

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

11 States Code, is amended by striking all that precedes 

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

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

14 has issued an order (or extension thereof) under sec15 tion 2518 which expired during the preceding year 

16 or who has denied approval of an interception during 

17 that year, shall report to the Administrative Office 

18 of the United States Courts—’’. 

19 SEC. 116. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT 

20 CONFERENCES. 

21 Section 333 of title 28, United States Code, is 

22 amended in the first sentence by inserting ‘‘magistrate,’’ 

23 after ‘‘district,’’. 
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1 SEC. 117. REPEAL OF OBSOLETE SPEEDY TRIAL ACT CROSS 

2 REFERENCES TO THE NARCOTIC ADDICT RE3 HABILITATION ACT. 

4 Section 3161(h) of title 18, United States Code, is 

5 amended—

6 (1) in paragraph (1)—

7 (A) by striking subparagraphs (B) and 

8 (C); and 

9 (B) by redesignating subparagraphs (D) 

10 through (J) as subparagraphs (B) through (H), 

11 respectively; 

12 (2) by striking paragraph (5); and 

13 (3) by redesignating paragraphs (6) through 

14 (9) as paragraphs (5) through (8), respectively. 

15 SEC. 118. TAXING OF COURT TECHNOLOGY COSTS. 

16 Section 1920 of title 28, United States Code, is 

17 amended—

18 (1) in paragraph (2) by striking ‘‘of the court 

19 reporter for all or any part of the stenographic tran20 script’’ and inserting ‘‘for printed or electronically 

21 recorded transcripts;’’; and 

22 (2) in paragraph (4) by striking ‘‘copies of pa23 pers’’ and inserting ‘‘the costs of making copies of 

24 any materials where the copies are.’’.
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1 SEC. 119. INVESTMENT OF COURT REGISTRY FUNDS. 

2 (a) IN GENERAL.—Chapter 129 of title 28, United 

3 States Code, is amended by inserting after section 2044 

4 the following: 

5 ‘‘§ 2045. Investment of court registry funds 

6 ‘‘(a) The Director of the Administrative Office of the 

7 United States Courts, or the Director’s designee under 

8 subsection (b), may request the Secretary of the Treasury 

9 to invest funds received under section 2041 in public debt 

10 securities with maturities suitable to the needs of the 

11 funds, as determined by the Director or the Director’s des12 ignee, and bearing interest at a rate determined by the 

13 Secretary of the Treasury, taking into consideration cur14 rent market yields on outstanding marketable obligations 

15 of the United States of comparable maturity. 

16 ‘‘(b) The Director may designate the clerk of a court 

17 described in section 610 to exercise the authority con18 ferred by subsection (a).’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

20 The table of sections for chapter 129 of title 28, United 

21 States Code, is amended by adding after the item relating 

22 to section 2044 the following:

‘‘2045. Investment of court registry funds.’’.
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1 SEC. 120. EMERGENCY AUTHORITY TO CONDUCT COURT 

2 PROCEEDINGS OUTSIDE THE TERRITORIAL 

3 JURISDICTION OF THE COURT. 

4 (a) CIRCUIT COURTS.—Section 48 of title 28, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘(e) Each court of appeals may hold special sessions 

8 at any place outside the circuit as the nature of the busi9 ness may require and upon such notice as the court orders, 

10 upon a finding by either the chief judge of the court of 

11 appeals (or, if the chief judge is unavailable, the most sen12 ior available active judge of the court of appeals) or the 

13 judicial council of the circuit that, because of emergency 

14 conditions, no location within the circuit is reasonably 

15 available where such special sessions could he held. The 

16 court may transact any business at a special session out17 side the circuit which it might transact at a regular ses18 sion.’’. 

19 (b) DISTRICT COURTS.—Section 141 of title 28, 

20 United States Code, is amended—

21 (1) by inserting ‘‘(a)’’ before ‘‘special sessions’’; 

22 and 

23 (2) by adding at the end the following: 

24 ‘‘(b) Special sessions of the district court may be held 

25 at such places outside the district as the nature of the 

26 business may require and upon such notice as the court 
18

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1 orders, upon a finding by either the chief judge of the dis2 trict court (or, if the chief judge is unavailable, the most 

3 senior available active judge of the district court) or the 

4 judicial council of the circuit that, because of emergency 

5 conditions, no location within the district is reasonably 

6 available where such special sessions could be held. Any 

7 business may be transacted at a special session outside 

8 the district which might be transacted at a regular session. 

9 The district court may summon jurors from within the dis10 trict to serve in any case in which special sessions are con11 ducted outside the district under this section.’’. 

12 (c) BANKRUPTCY COURTS.—Section 152(c) of title 

13 28, United States Code, is amended—

14 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(2) Bankruptcy judges may hold court at such 

17 places outside the judicial district as the nature of the 

18 business of the court may require, and upon such notice 

19 as the court orders, upon a finding by either the chief 

20 judge of the bankruptcy court (or, if the chief judge is 

21 unavailable, the most senior available bankruptcy judge) 

22 or by the judicial council of the circuit that, because of 

23 emergency conditions, no location within the district is 

24 reasonably available where the bankruptcy judges could 

25 hold court. Bankruptcy judges may transact any business 
19

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1 at special sessions of court held outside the district that 

2 might be transacted at a regular session.’’. 

3 (d) UNITED STATES MAGISTRATE JUDGES.—Section 

4 636 of title 28, United States Code, is amended in sub5 section (a) by striking ‘‘territorial jurisdiction prescribed 

6 by his appointment’’ and inserting ‘‘district in which ses7 sions are held by the court that appointed the magistrate 

8 judge, at other places where that court may function, and 

9 elsewhere as authorized by law’’. 

10 SEC. 121. RESTRICTION OF PUBLIC ACCESS TO CERTAIN IN11 FORMATION CONTAINED IN BANKRUPTCY 

12 CASE FILES. 

13 Section 107 of title 11, United States Code, is 

14 amended by striking subsection (b) and inserting the fol15 lowing: 

16 ‘‘(b) On request of a party in interest, the bankruptcy 

17 court shall, and on the bankruptcy court’s own motion, 

18 the bankruptcy court may, protect an entity with respect 

19 to a trade secret or confidential research, development, or 

20 commercial information. 

21 ‘‘(c) The bankruptcy court for cause may protect a 

22 person with respect to the following contained in a paper 

23 filed, or to be filed, in a case under this title: 

24 ‘‘(1) Any ‘means of identification’ as defined 

25 under section 1028(d)(4) of title 18. 
20

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1 ‘‘(2) Information that could cause undue annoy2 ance, embarrassment, oppression, or risk of injury to 

3 person or property.’’. 

4 SEC. 122. SECURITY OF SOCIAL SECURITY ACCOUNT NUM5 BER OF DEBTOR IN NOTICE DEBTOR PRO6 VIDES TO CREDITOR. 

7 Section 342(c) of title 11, United States Code, is 

8 amended by inserting ‘‘last 4 digits of the’’ before ‘‘tax9 payer identification number’’. 

10 TITLE II—JUDICIAL PERSONNEL 

11 ADMINISTRATION, BENEFITS, 

12 AND PROTECTIONS 

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

14 ADJUSTMENTS OF ANNUITIES FOR TERRI15 TORIAL JUDGES. 

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

17 amended—

18 (1) in subsection (c) by striking paragraph (4) 

19 and inserting the following: 

20 ‘‘(4) Any senior judge performing judicial du21 ties pursuant to recall under paragraph (2) of this 

22 subsection shall be paid, while performing such du23 ties, the same compensation (in lieu of the annuity 

24 payable under this section) and the same allowances
21

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1 for travel and other expenses as a judge on active 

2 duty with the court being served.’’; 

3 (2) by striking subsection (e) and inserting the 

4 following: 

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

6 District Court of the Northern Mariana Islands, or the 

7 District Court of the Virgin Islands who is not reappointed 

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

9 the age of 65 years or upon relinquishing office if the 

10 judge is then beyond the age of 65 years—

11 ‘‘(A) if the judicial service of such judge, con12 tinuous or otherwise, aggregates 15 years or more, 

13 to receive during the remainder of such judge’s life 

14 an annuity equal to the salary received when the 

15 judge left office; or 

16 ‘‘(B) if such judicial service, continuous or oth17 erwise, aggregated less than 15 years, to receive 

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

19 equal to that proportion of such salary which the ag20 gregate number of such judge’s years of service 

21 bears to 15. 

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

23 District Court of the Northern Mariana Islands, or the 

24 District Court of the Virgin Islands who has served at 

25 least 5 years, continuously or otherwise, and who retires 
22

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

2 disability, shall be entitled to receive during the remainder 

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

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

5 of a judge who has served at least 10 years, continuously 

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

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

8 of judicial service bears to 15.’’; and 

9 (3) by striking subsection (g) and inserting the 

10 following: 

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

12 annuity under this section shall be entitled to a cost-of13 living adjustment in the amount computed as specified in 

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

15 annuity payable to such retired judge, as increased under 

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

17 active service with the court on which the retired judge 

18 served before retiring.’’. 

19 SEC. 202. FEDERAL JUDICIAL CENTER PERSONNEL MAT20 TERS. 

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

22 amended—

23 (1) in subsection (b)—

24 (A) by striking ‘‘, United States Code, gov25 erning’’ and inserting ‘‘governing’’; 
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1 (B) by striking ‘‘pay rates, section 5316, 

2 title 5, United States Code’’ and inserting 

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

4 Director may fix the compensation of 4 posi5 tions of the Center at a level not to exceed the 

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

7 Executive Schedule under section 5315 of title 

8 5’’; and 

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

10 that follows through ‘‘Code’’ and inserting 

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

12 adjusted under section 8344 of such title, and 

13 the salary of a reemployed annuitant under 

14 chapter 84 of title 5 shall be adjusted under 

15 section 8468 of such title’’; 

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

17 States Code,’’; and 

18 (3) in subsection (d)—

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

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

21 United States Code’’ and inserting ‘‘under sec22 tion 5332 of title 5’’. 
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1 SEC. 203. ANNUAL LEAVE LIMIT FOR JUDICIAL BRANCH EX2 ECUTIVES. 

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

4 amended—

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

6 (2) in subparagraph (E) by striking the period 

7 and inserting ‘‘; or’’; and 

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

9 ‘‘(F) the judicial branch designated as a 

10 court unit executive position by the Judicial 

11 Conference of the United States or designated 

12 as an executive position in the Federal Judicial 

13 Center by the Board of the Federal Judicial 

14 Center.’’. 

15 SEC. 204. SUPPLEMENTAL BENEFITS PROGRAM. 

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

17 amended—

18 (1) by redesignating paragraphs (6) through 

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

20 and 

21 (2) by inserting after paragraph (5) the fol22 lowing: 

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

24 program of benefits, in addition to those otherwise 

25 provided by law, for officers and employees of the ju-
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1 dicial branch, including justices and judges of the 

2 United States;’’. 

3 SEC. 205. STUDENT LOAN FORGIVENESS FOR FEDERAL DE4 FENDERS. 

5 Section 465(a)(2)(F) of the Higher Education Act of 

6 1965 (20 U.S.C. 1087ee(a)(2)(F)) is amended by insert7 ing before the semicolon the following: ‘‘, or as a full-time 

8 Federal defender attorney employed in a defender organi9 zation established under 3006A(g) of title 18, United 

10 States Code’’. 

11 SEC. 206. LAW CLERK LOAN DEFERMENT. 

12 (a) FEDERAL STAFFORD LOANS.—

13 (1) AMENDMENTS TO SECTION 427.—Section 

14 427(a) of the Higher Education Act of 1965 (20 

15 U.S.C. 1077(a)) is amended—

16 (A) in paragraph (3)(B), by striking ‘‘and’’ 

17 after the semicolon; 

18 (B) in paragraph (4), by striking the pe19 riod and inserting ‘‘; and’’; and 

20 (C) by inserting at the end the following: 

21 ‘‘(5) in the case of a borrower who is serving 

22 as a full-time judicial law clerk in a court as defined 

23 under section 610 of title 28, United States Code, 

24 or appointed under section 675 of that title, pay25 ment of the unpaid principal balance and interest on
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1 a federally insured student loan may be deferred not 

2 in excess of 3 years.’’. 

3 (2) AMENDMENTS TO SECTION 428.—Section 

4 428(b)(1)(M) of the Higher Education Act of 1965 

5 (20 U.S.C. 1078(b)(1)(M)) is amended—

6 (A) in clause (i)(I), by striking ‘‘or’’ after 

7 the semicolon; 

8 (B) in subclause (II), by striking the 

9 comma and inserting ‘‘; or’’; and 

10 (C) by inserting at the end the following: 

11 ‘‘(III) is serving as a full-time ju12 dicial law clerk in a court as defined 

13 under section 610 of title 28, United 

14 States Code, or a law clerk appointed 

15 under section 675 of that title.’’. 

16 (b) DIRECT LOANS.—Section 455(f)(2)(A) of the 

17 Higher Education Act of 1965 (20 U.S.C. 1087e(f)(2)(A)) 

18 is amended—

19 (1) in clause (i), by striking ‘‘or’’ after the 

20 semicolon; 

21 (2) in clause (ii), by striking the comma and in22 serting ‘‘; or’’; and 

23 (3) by inserting at the end the following: 

24 ‘‘(iii) is serving as a full-time judicial 

25 law clerk, in a court as defined under sec-
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1 tion 610 of title 28, United States Code, or 

2 a law clerk appointed under section 675 of 

3 that title,’’. 

4 (c) FEDERAL PERKINS LOANS.—Section 

5 464(c)(2)(A) of the Higher Education Act of 1965 (20 

6 U.S.C. 1087dd(c)(2)(A)) is amended—

7 (1) in clause (iii), by striking ‘‘or’’ after the 

8 semicolon; 

9 (2) in clause (iv), by inserting ‘‘or’’ after the 

10 semicolon; and 

11 (3) by inserting at the end the following: 

12 ‘‘(v) not in excess of 3 years during which the 

13 borrower is serving as a full-time judicial law clerk 

14 in a court as defined under section 610 of title 28, 

15 United States Code, or a law clerk appointed under 

16 section 675 of that title;’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to—

19 (1) loans made after July 1, 1998; and 

20 (2) employment as a judicial clerk that occurs 

21 on or after the date of enactment of this Act. 
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1 SEC. 207. INCLUSION OF JUDICIAL BRANCH PERSONNEL IN 

2 ORGAN DONOR LEAVE PROGRAM. 

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

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

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

6 SEC. 208. TRANSPORTATION AND SUBSISTENCE FOR CRIMI7 NAL JUSTICE ACT DEFENDANTS. 

8 Section 4285 of title 18, United States Code, is 

9 amended—

10 (1) in the first sentence, by striking ‘‘to appear 

11 before the required court’’; 

12 (2) by striking ‘‘to the place where his appear13 ance is required,’’ and inserting ‘‘(1) to the place 

14 where each appearance is required and (2) to return 

15 to the place of his arrest or bona fide residence,’’; 

16 (3) by inserting ‘‘during travel’’ after ‘‘subsist17 ence expenses’’; and 

18 (4) by striking ‘‘to his destination,’’ and insert19 ing ‘‘to his destination and during any proceeding at 

20 which his appearance is required,’’. 

21 SEC. 209. MAXIMUM AMOUNTS OF COMPENSATION FOR AT22 TORNEYS. 

23 Section 3006A(d)(2) of title 18, United States Code, 

24 is amended—

25 (1) by striking ‘‘5,200’’ and inserting ‘‘7,000’’; 

26 (2) by striking ‘‘1,500’’ and inserting ‘‘2,000’’; 
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1 (3) by striking ‘‘3,700’’ and inserting ‘‘5,000’’; 

2 (4) by striking ‘‘1,200’’ each place it appears 

3 and inserting ‘‘1,500’’; and 

4 (5) by striking ‘‘3,900’’ and inserting ‘‘5,000’’. 

5 SEC. 210. MAXIMUM AMOUNTS OF COMPENSATION FOR 

6 SERVICES OTHER THAN COUNSEL. 

7 Section 3006A(e) of title 18, United States Code, is 

8 amended—

9 (1) in paragraph (2)—

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

11 ‘‘$300’’ and inserting ‘‘$500’’; and 

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

13 ‘‘$300’’ and inserting ‘‘$500’’; and 

14 (2) in paragraph (3) in the first sentence by 

15 striking ‘‘$1,000’’ and inserting ‘‘$1,600’’. 

16 SEC. 211. EXCESS COMPENSATION DELEGATION AUTHOR17 ITY. 

18 (a) WAIVING MAXIMUM AMOUNTS.—Section 

19 3006A(d)(3) of title 18, United States Code, is amended 

20 in the second sentence by striking ‘‘circuit judge’’ and in21 serting ‘‘or senior circuit judge, or to an appropriate non22 judicial officer qualified by training and legal experience. 

23 In any case in which the delegate judge or nonjudicial offi24 cer reduces the excess payment certified by the court, the 

25 claimant may seek review by the chief judge’’. 
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1 (b) MAXIMUM AMOUNTS.—Section 3006A(e)(3) of 

2 title 18, United States Code, is amended in the second 

3 sentence by striking ‘‘circuit judge’’ and inserting ‘‘or sen4 ior circuit judge, or to an appropriate nonjudicial officer 

5 qualified by training and legal experience. In any case in 

6 which the delegate judge or nonjudicial officer reduces the 

7 excess payment certified by the court, the claimant may 

8 seek review by the chief judge’’. 

9 (c) CONTROLLED SUBSTANCES CASES.—Section 

10 408(q)(10)(B) of the Controlled Substances Act (21 

11 U.S.C. 848(q)(10)(B)) is amended in the second sentence 

12 by striking ‘‘circuit judge’’ and inserting ‘‘or senior circuit 

13 judge, or to an appropriate nonjudicial officer qualified by 

14 training and legal experience. In any case in which the 

15 delegate judge or nonjudicial officer reduces the excess 

16 payment certified by the court, the claimant may seek re17 view by the chief judge’’. 

18 SEC. 212. PROTECTION AGAINST MALICIOUS RECORDING 

19 OF FICTITIOUS LIENS AGAINST FEDERAL 

20 JUDGES. 

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

22 States Code, is amended by adding at the end the fol23 lowing:
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1 ‘‘§ 1521. Retaliating against a Federal judge by false 

2 claim or slander of title 

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

4 record or in any private record which is generally available 

5 to the public, any lien or encumbrance against the real 

6 or personal property of a Federal judge, knowing or hav7 ing reason to know that such lien or encumbrance is false 

8 or contains any materially false, fictitious, or fraudulent 

9 statement or representation, shall be fined under this title 

10 or imprisoned for not more than 5 years, or both. In the 

11 case of an offense under this subsection which was com12 mitted after the defendant had previously been convicted 

13 of an earlier offense under this subsection, the defendant 

14 shall be fined under this title or imprisoned for not more 

15 than 10 years, or both. 

16 ‘‘(b) In this section, the term ‘Federal judge’ means 

17 a justice or judge of the United States as defined under 

18 section 451 of title 28, a judge of the United States Court 

19 of Federal Claims, a United States bankruptcy judge, a 

20 United States magistrate judge, and a judge of the United 

21 States Court of Appeals for the Armed Forces, United 

22 States Court of Appeals for Veterans Claims, United 

23 States Tax Court, District Court of Guam, District Court 

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

25 Virgin Islands.’’. 
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1 (b) TECHNICAL AND CONFORMING AMENDMENT.—

2 The table of sections for chapter 73 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing:

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

5 SEC. 213. APPOINTING AUTHORITY FOR CIRCUIT LIBRAR6 IANS. 

7 Section 713 of title 28, United States Code, is 

8 amended—

9 (1) in subsection (a)—

10 (A) by striking ‘‘Each court of appeals’’ 

11 and inserting ‘‘The judicial council of each cir12 cuit’’; and 

13 (B) striking ‘‘the court’’ and inserting ‘‘the 

14 judicial council’’; and 

15 (2) in subsection (b), by striking ‘‘court’’ each 

16 place it appears and inserting ‘‘judicial council’’. 

17 SEC. 214. JUDICIAL BRANCH SECURITY REQUIREMENTS. 

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

19 amended—

20 (1) by redesignating paragraphs (22) through 

21 (24) as paragraphs (23) through (25), respectively; 

22 and 

23 (2) by inserting after paragraph (21) the fol24 lowing: 
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1 ‘‘(22) After consultation with the United States 

2 Marshals Service, and others if necessary, determine 

3 the security requirements for the Judicial Branch;’’. 

4 SEC. 215. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL 

5 JUDGES LIFE INSURANCE. 

6 (a) BANKRUPTCY JUDGES.—Section 153 of title 28, 

7 United States Code, is amended by adding at the end the 

8 following: 

9 ‘‘(d) For purposes of construing and applying chapter 

10 87 of title 5, including any adjustment of insurance rates 

11 by regulation or otherwise, a bankruptcy judge of the 

12 United States in regular active service or who is retired 

13 under section 377 of this title shall be deemed to be a 

14 judge of the United States described under section 

15 8701(a)(5) of title 5.’’. 

16 (b) UNITED STATES MAGISTRATE JUDGES.—Section 

17 634(c) of title 28, United States Code, is amended—

18 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(2) For purposes of construing and applying 

21 chapter 87 of title 5, including any adjustment of in22 surance rates by regulation or otherwise, a mag23 istrate judge of the United States in regular active 

24 service or who is retired under section 377 of this 

25 title shall be deemed to be a judge of the United 
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1 States described under section 8701(a)(5) of title 

2 5.’’. 

3 (c) TERRITORIAL JUDGES.—

4 (1) GUAM.—Section 24 of the Organic Act of 

5 Guam (48 U.S.C. 1424b) is amended by adding at 

6 the end the following: 

7 ‘‘(c) For purposes of construing and applying chapter 

8 87 of title 5, including any adjustment of insurance rates 

9 by regulation or otherwise, a judge appointed under this 

10 section who is in regular active service or who is retired 

11 under section 373 of this title shall be deemed to be a 

12 judge of the United States described under section 

13 8701(a)(5) of title 5.’’. 

14 (2) COMMONWEALTH OF THE NORTHERN MAR15 IANA ISLANDS.—The first section of the Act of No16 vember 8, 1977 (48 U.S.C. 1821; Public Law 95–

17 157; 91 Stat. 1265) is amended in subsection (b) by 

18 adding at the end the following: 

19 ‘‘(5) For purposes of construing and applying 

20 chapter 87 of title 5, including any adjustment of in21 surance rates by regulation or otherwise, a judge ap22 pointed under this section who is in regular active 

23 service or who is retired under section 373 of this 

24 title shall be deemed to be a judge of the United 
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1 States described under section 8701(a)(5) of title 

2 5.’’. 

3 (3) VIRGIN ISLANDS.—Section 24(a) of the Re4 vised Organic Act of the Virgin Islands (48 U.S.C. 

5 1614(a)) is amended—

6 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(2) For purposes of construing and applying 

9 chapter 87 of title 5, including any adjustment of in10 surance rates by regulation or otherwise, a judge ap11 pointed under this section who is in regular active 

12 service or who is retired under section 373 of this 

13 title shall be deemed to be a judge of the United 

14 States described under section 8701(a)(5) of title 

15 5.’’. 

16 SEC. 216. HEALTH INSURANCE FOR SURVIVING FAMILY 

17 AND SPOUSES OF JUDGES. 

18 Section 8901(3) of title 5, United States Code, is 

19 amended—

20 (1) in subparagraph (C), by striking ‘‘and’’ at 

21 the end; 

22 (2) in subparagraph (D), by adding ‘‘and’’ at 

23 the end; and 

24 (3) by adding at the end the following: 
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1 ‘‘(E) a member of a family who is a sur2 vivor of—

3 ‘‘(i) a Justice or judge of the United 

4 States, as defined under section 451 of 

5 title 28, United States Code; 

6 ‘‘(ii) a judge of the District Court of 

7 Guam, the District Court of the Northern 

8 Mariana Islands, or the District Court of 

9 the Virgin Islands; 

10 ‘‘(iii) a judge of the United States 

11 Court of Federal Claims; or 

12 ‘‘(iv) a United States bankruptcy 

13 judge or a full-time United States mag14 istrate judge;’’.

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