107TH CONGRESS
2D SESSION
H. R. 4125
AN ACT
To make improvements in the operation and admin-
istration of the Federal courts, and for other
purposes.
107TH CONGRESS
2D SESSION
H. R. 4125
AN ACT
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. 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. 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 Fed-
eral judges.
Sec. 209. Appointing authority for circuit librarians.
TITLE III—ADDITIONAL PROVISIONS
Sec. 301. Monitoring of communications of officers and employees of judicial
branch.
Sec. 302. Clerical amendments.
TITLE I—JUDICIAL PROCESS
IMPROVEMENTS
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.
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. 3088) become effec-
tive in and with respect to a judicial district in the State
of Alabama, or in and with respect to a judicial district
in the State of North Carolina—
(1) a reference in sections 303(g), 701(a),
703(b), 703(c), 1102(a), 1104(d), 1163, 1202, and
1302 of title 11, United States Code, to the United
States trustee shall be deemed to be a reference to
the bankruptcy administrator appointed and serving
in such district under the authority of section
302(d)(3)(I) of such Act;
(2) a reference in sections 1202(a) and 1302(a)
of title 11, United States Code, to section 586(b) of
title 28, United States Code, shall be deemed to be
a reference to such section as modified in operation
by the other provisions of this section;
(3) a reference in sections 701(a)(1) and 703(c)
of title 11, United States Code, to a panel of private
trustees established under section 586(a)(1) of title
28, United States Code, shall be deemed to be a ref-
erence to the panel of private trustees established in
such district under the authority of section
302(d)(3)(I)(i) of such Act; and
(4) a reference in subsections (b), (d), and (e)
of section 586 of title 28, United States Code—
(A) to the Attorney General shall be
deemed to be a reference to the Director of the
Administrative Office of the United States
Courts;
(B) to the United States trustee for the re-
gion shall be deemed to be a reference to the
bankruptcy administrator appointed for such
district;
(C) to a standing trustee shall be deemed
to be a reference to a standing trustee ap-
pointed by the bankruptcy administrator;
(D) to the designation of one or more as-
sistant United States trustees shall be dis-
regarded; and
(E) to the deposit in the United States
Trustee System Fund shall be deemed to be a
arkana that is located astride the State line between Texas
and Arkansas’’.
(c) 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 Eastern District of
Texas 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 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 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 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 second 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.
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’’.
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’’ and all that fol-
lows 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 annu-
itant under chapter 84 of title 5 shall be ad-
justed 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 EX-
ECUTIVES.
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 AT-
TORNEYS.
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 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 (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 LIBRAR-
IANS.
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 cir-
cuit’’; 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’’.
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 (in-
cluding any electronic communication consisting of
an electronic mail message or a transfer of informa-
tion by means of the World Wide Web or the Inter-
net) 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 Con-
ference 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.’’.
SEC. 302. CLERICAL AMENDMENTS.
Section 332 of title 28, United States Code, is
amended—
(1) in subsection (a)(3), by striking ‘‘371(f)(1)’’
and inserting ‘‘371(e)(1)’’;
(2) by striking the second subsection designated
‘‘(h)’’; and
(3) in subsection (f)(4), by striking ‘‘, United
States Code’’.
Passed the House of Representatives October 1,
2002.
Attest:
Clerk.