I
107TH CONGRESS
2D SESSION
H. R. 4125
To make improvements in the operation and administration of the Federal
courts, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 2002
Mr. COBLE (for himself and Mr. BERMAN) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To make improvements in the operation and administration
of the Federal courts, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Federal Courts Improvement Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Section 1. Short title; table of contents.
TITLE I—JUDICIAL PROCESS IMPROVEMENTS
Sec. 101. Bankruptcy administrator authority to appoint trustees, examiners,
and committee of creditors.
Sec. 102. Place of holding court in the Eastern District of Texas.
Sec. 103. Conditions of probation and supervised release.
Sec. 104. 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.
Sec. 206. Maximum amounts of compensation for services other than counsel.
Sec. 207. Protection against malicious recording of fictitious liens against Fed-
eral judges.
TITLE I—JUDICIAL PROCESS
IMPROVEMENTS
SEC. 101. BANKRUPTCY ADMINISTRATOR AUTHORITY TO
APPOINT TRUSTEES, EXAMINERS, AND COM-
MITTEE OF CREDITORS.
(a) APPOINTMENT OF TRUSTEES.—Until the amend-
ments 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 dis-
trict and apply to a case, a bankruptcy administrator ap-
pointed 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 Ad-
ministrative Office of the United States Courts, in con-
sultation with the bankruptcy administrator referred to in
subsection (a), shall fix the maximum annual compensa-
tion and percentage fee for the standing trustees ap-
pointed under subsection (a) notwithstanding the ref-
erences in those sections of title 11, United States Code,
to the court’s authority to fix them.
(c) APPOINTMENT
OF
COMMITTEES.—Until the
amendments made by subtitle A of title II of the Bank-
ruptcy Judges, United States Trustees, and Family Farm-
er 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 commit-
tees 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 appoint-
ment of additional committees of creditors or of equity se-
curity holders if necessary to assure adequate representa-
tion of creditors or equity security holders. The bank-
ruptcy 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. PLACE OF HOLDING COURT IN THE EASTERN DIS-
TRICT OF TEXAS.
Section 124(c) of title 28, United States Code, is
amended—
(1) in paragraph (3)—
(A) by striking ‘‘Denton, and Grayson’’
and inserting ‘‘Delta, Denton, Fannin, Grayson,
Hopkins, and Lamar’’; and
(B) by inserting ‘‘and Plano’’ after ‘‘held
at Sherman’’;
(2) by striking paragraph (4) and redesignating
paragraphs (5) through (7) as paragraphs (4)
through (6), respectively; and
(3) in paragraph (5), as so redesignated, by in-
serting ‘‘Red River,’’ after ‘‘Franklin,’’.
SEC. 103. CONDITIONS OF PROBATION AND SUPERVISED
RELEASE.
(a) 
CONDITIONS
OF
PROBATION.—Section
3563(a)(2) of title 18, United States Code, is amended
by striking ‘‘(b)(2), (b)(3), or (b)(13),’’ and inserting
‘‘(b)(2) or (b)(12)’’.
(b) SUPERVISED RELEASE AFTER IMPRISONMENT.—
Section 3583(d) of title 18, United States Code, is amend-
ed 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, ex-
cept that a condition set forth in subsection 3563(b)(10)
shall be imposed only for a violation of a condition of su-
pervised 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 CITI-
ZENSHIP 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 ju-
risdiction 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 DE-
PARTMENTS, AND PUBLIC OFFICERS.
(a) REMOVAL OF EXEMPTION.—Section 1863(b) of
title 28, United States Code, is amended by striking para-
graph (6) and redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
1865(a) of title 28, United States Code, is amended in
the first sentence by striking ‘‘, or exempt,’’.
(2) Section 1866 of title 28, United States Code, is
amended—
(A) in the first sentence of subsection (a), by
striking ‘‘exempt or’’;
(B) in the first sentence of subsection (c)—
(i) by striking ‘‘or (6)’’; and
(ii) by striking ‘‘excused, or exempt’’ and
inserting ‘‘or excused’’; and
(C) in the first sentence of subsection (d), by
striking ‘‘exempt,’’.
(3) Section 1869 of title 28, United States Code, is
amended—
(A) in the first sentence of subsection (h), by
striking ‘‘or exempted’’; and
(B) by repealing subsection (i).
(c) DISCRETIONARY EXEMPTION FROM SERVICE.—
(1) Section 982 of title 10, United States Code, is
amended—
(A) by amending the section heading to read as
follows:
‘‘§ 982. Members: service on Federal, State, and local
juries’’;
and
(B) by striking ‘‘State or’’ and inserting ‘‘Fed-
eral, 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 RE-
QUIREMENTS FOR SELECTION OF JUROR
WHEELS.
(a) DRAWING OF NAMES FROM JURY WHEEL.—Sec-
tion 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 fol-
lowing 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 PAN-
ELS.—Section 1866(a) of title 28, United States Code, is
amended—
(1) in the second sentence, by striking ‘‘pub-
licly’’; and
(2) by inserting after the second sentence the
following new sentence: ‘‘The clerk or jury commis-
sion 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 WEST-
ERN 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 last sentence, by striking ‘‘and
Dyersburg’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—This section and the amend-
ments made by this section shall take effect on the
date of the enactment of this Act.
(2) PENDING CASES NOT AFFECTED.—This sec-
tion 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 af-
fect the composition, or preclude the service, of any
grand or petit jury summoned, impaneled, or actu-
ally serving in the Western Judicial District of Ten-
nessee on the effective date of this section.
TITLE II—JUDICIAL PERSONNEL
ADMINISTRATION, BENEFITS,
AND PROTECTIONS
SEC. 201. DISABILITY RETIREMENT AND COST-OF-LIVING
ADJUSTMENTS OF ANNUITIES FOR TERRI-
TORIAL 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 pur-
suant to recall under paragraph (2) of this subsection
shall be paid, while performing such duties, the same com-
pensation (in lieu of the annuity payable under this sec-
tion) and the same allowances for travel and other ex-
penses as a judge on active duty with the court being
served.’’;
(2) by amending subsection (e) to read as fol-
lows:
‘‘(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, con-
tinuous 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 oth-
erwise, 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 ag-
gregate 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 fol-
lows:
‘‘(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 MAT-
TERS.
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 posi-
tions 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 reem-
ployed 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 sec-
tion 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 posi-
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 fol-
lowing:
‘‘(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 ju-
dicial 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
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. 207. 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:
‘‘§ 1519. Retaliating against a Federal judge by false
claim or slander of title
‘‘(a) Whoever files or attempts to file, in any public
record or in any private record which is generally available
to the public, any lien, encumbrance, civil claim, or other
document against a Federal Judge or against the real or
personal property of a Federal Judge, knowing or having
reason to know that such claim, lien, encumbrance, or doc-
ument is false or contains any materially false, fictitious,
or fraudulent statement or representation, shall be fined
under this title or imprisoned for not more than five years,
or both. In the case of an offense under this subsection
which was committed after the defendant had previously
been convicted of an earlier offense under this subsection,
the defendant shall be fined under this title or imprisoned
for not more than ten years, or both.
‘‘(b) As used in this section, the term ‘Federal Judge’
means a justice or judge of the United States as defined
in section 451 of title 28, a judge of the United States
Court of Federal Claims, a United States bankruptcy
judge, a United States magistrate judge, and a judge of
the United States Court of Appeals for the Armed Forces,
United States Court of Appeals for Veterans Claims,
United States Tax Court, District Court of Guam, District
Court of the Northern Mariana Islands, or District Court
of the Virgin Islands.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 73 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘1519. Retaliating against a Federal judge by false claim or slander of title.’’.
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