Home > 106th Congressional Bills > S. 2397 (is) To amend title 10, United States Code, to deny Federal educational [Introduced in Senate] ...S. 2397 (is) To amend title 10, United States Code, to deny Federal educational [Introduced in Senate] ...
108th CONGRESS
2d Session
S. 2396
To make improvements in the operation and administration of the Federal
courts, and for other purposes.
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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
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Courts
Improvement Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and 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. 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.
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 effective 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 reference 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 region
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 appointed by the
bankruptcy administrator;
(D) to the designation of 1 or more assistant
United States trustees shall be disregarded; 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. VENUE IN BANKRUPTCY CASES.
Section 1412 of title 28, United States Code, is amended by
inserting ``, on its own motion or on timely motion of a party in
interest,'' after ``A district court''.
SEC. 103. PLACE OF HOLDING COURT IN TEXARKANA, TEXAS, AND TEXARKANA,
ARKANSAS.
Sections 83(b)(1) and 124(c)(5) of title 28, United States Code,
are each amended by inserting after ``held at Texarkana'' the
following: ``, and may be held anywhere within the Federal courthouse
in Texarkana that is located astride the State line between Texas and
Arkansas''.
SEC. 104. CHANGE IN COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF
TEXAS.
(a) In General.--Section 124(d) of title 28, United States Code, is
amended--
(1) in paragraph (3), by striking ``county of El Paso'' and
inserting ``counties of El Paso and Hudspeth''; and
(2) in paragraph (6), by striking ``Hudspeth,''.
(b) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall take effect on the date of enactment of this
Act.
(2) Pending cases not affected.--This section and the
amendments made by this section shall not affect any action
commenced before the effective date of this section and pending
in the United States District Court for the Western District of
Texas on such date.
(3) Juries not affected.--This section and the amendments
made by this section shall not affect the composition, or
preclude the service, of any grand or petit jury summoned,
impaneled, or actually serving in the Western Judicial District
of Texas on the effective date of this section.
SEC. 105. CHANGE OF COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF
TENNESSEE.
(a) In General.--Section 123(c) of title 28, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``Dyer,'' after ``Decatur,''; and
(B) in the last sentence by inserting ``and
Dyersburg'' after ``Jackson''; and
(2) in paragraph (2)--
(A) by striking ``Dyer,''; and
(B) in the second sentence, by striking ``and
Dyersburg''.
(b) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall take effect on the date of enactment of this
Act.
(2) Pending cases not affected.--This section and the
amendments made by this section shall not affect any action
commenced before the effective date of this section and pending
in the United States District Court for the Western District of
Tennessee on such date.
(3) Juries not affected.--This section and the amendments
made by this section shall not affect the composition, or
preclude the service, of any grand or petit jury summoned,
impaneled, or actually serving in the Western Judicial District
of Tennessee on the effective date of this section.
SEC. 106. 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''.
SEC. 107. JUROR FEES.
(a) In General.--Section 1871(b)(1) of title 28, United States
Code, is amended by striking ``$40'' and inserting ``$50''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2004.
SEC. 108. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON
LENGTHY TRIALS.
(a) In General.--Section 1871(b)(2) of title 28, United States
Code, is amended by striking ``thirty'' in each place it occurs, and
inserting ``5''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2004.
SEC. 109. AUTHORITY OF DISTRICT COURTS AS TO A JURY SUMMONS.
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''.
SEC. 110. AUTOMATIC EXCUSE UPON REQUEST FROM JURY SERVICE FOR MEMBERS
OF THE ARMED SERVICES, MEMBERS OF FIRE AND POLICE
DEPARTMENTS, AND PUBLIC OFFICERS.
(a) Removal of Exemption.--Section 1863(b) of title 28, United
States Code, is amended by--
(1) striking paragraph (6); and
(2) redesignating paragraphs (7) and (8) as paragraphs (6)
and (7), respectively.
(b) Permanent Excuse.--Section 1863(b)(5) of title 28, United
States Code, is amended by striking subparagraph (B) and inserting the
following:
``(B) specify that the following persons, upon
individual request, shall be excused from jury service:
``(i) Members in active service in the
Armed Forces of the United States.
``(ii) Members of the fire or police
departments of any State, the District of
Columbia, any territory or possession of the
United States, or any subdivision of a State,
the District of Columbia, or such territory or
possession.
``(iii) Public officers in the executive,
legislative, or judicial branches of the
Government of the United States, or of any
State, the District of Columbia, any territory
or possession of the United States, or any
subdivision of a State, the District of
Columbia, or such territory or possession, who
are actively engaged in the performance of
official duties.
``(iv)(I) Volunteer safety personnel.
``(II) In this clause, the term `volunteer
safety personnel' means individuals serving a
public agency (as defined in section 1203(6) of
title I of the Omnibus Crime Control and Safe
Streets Act of 1968) in an official capacity,
without compensation, as firefighters or
members of a rescue squad or ambulance crew.''.
(c) Technical and 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 subsection (a), in the first sentence by
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