I 
108TH CONGRESS 
1ST SESSION H. R. 1302
To make improvements in the operation and administration of the Federal 
courts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2003
Mr. SMITH of Texas (for himself, Mr. CONYERS, 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 2003’’. 
(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 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
reference to the payment to the clerk of the 
court for deposit in the Treasury; 
for purposes of cases pending under title 11, United 
States Code, in such district. 
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) in paragraph (5), as so redesignated, by in-
serting ‘‘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 Tex-
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
(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 amend-
ed—
(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 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 or encumbrance against the real 
or personal property of a Federal judge, knowing or hav-
ing reason to know that such lien or encumbrance 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 con-
victed of an earlier offense under this subsection, the de-
fendant 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’’.
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