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] ...


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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.

    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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