[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3032 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 3032

   To provide for special trial judges of the United States Court of 
 Federal Claims, make technical and conforming amendments relating to 
  the transition of special masters to special trial judges, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2004

 Mr. Hatch (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide for special trial judges of the United States Court of 
 Federal Claims, make technical and conforming amendments relating to 
  the transition of special masters to special trial judges, 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.

    This Act may be cited as the ``United States Court of Federal 
Claims Special Trial Judges Act of 2004''.

SEC. 2. NAME AND ORGANIZATIONAL CHANGES RELATING TO SPECIAL TRIAL 
              JUDGES.

    (a) In General.--Chapter 7 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 180. Special trial judges
    ``(a) The United States Court of Federal Claims and the United 
States Court of Federal Claims special trial judges shall, in 
accordance with this section, have jurisdiction over proceedings to 
determine if a petitioner under section 2111 of the Public Health 
Service Act (42 U.S.C. 300aa-11) is entitled to compensation under the 
National Vaccine Injury Compensation Program under title XXI of that 
Act (42 U.S.C. 300aa-1 et seq.) and the amount of such compensation. 
The United States Court of Federal Claims may issue and enforce such 
orders as the court deems necessary to assure the prompt payment of any 
compensation awarded.
    ``(b)(1) In all proceedings brought by the filing of a petition 
under section 2111(b) of the Public Health Service Act (42 U.S.C. 
300aa-11(b)), the Secretary of Health and Human Services shall be named 
as the respondent, shall participate, and shall be represented in 
accordance with section 518(a).
    ``(2) Within 30 days after the Secretary of Health and Human 
Services receives service of any petition filed under section 2111 of 
the Public Health Service Act (42 U.S.C. 300aa-11) the Secretary shall 
publish notice of such petition in the Federal Register. The special 
trial judge designated with respect to such petition under subsection 
(c) shall afford all interested persons an opportunity to submit 
relevant, written information--
            ``(A) relating to the existence of the evidence described 
        in section 2113(a)(1)(B) of that Act (42 U.S.C. 300aa-
        13(a)(1)(B)), or
            ``(B) relating to any allegation in a petition with respect 
        to the matters described in section 2111(c)(1)(C)(ii) of that 
        Act (42 U.S.C. 300aa-11(c)(1)(C)(ii)).
    ``(c)(1) There is established within and under the supervision of 
the United States Court of Federal Claims an office of special trial 
judges. The judges of the United States Court of Federal Claims shall 
appoint the special trial judges, 1 of whom, by designation of the 
judges of the United States Court of Federal Claims, shall serve as 
chief special trial judge. The appointment and reappointment of the 
special trial judges shall be by the concurrence of a majority of the 
judges of the court.
    ``(2) The chief special trial judge and other special trial judges 
shall be subject to removal by the judges of the United States Court of 
Federal Claims for incompetency, misconduct, or neglect of duty or for 
physical or mental disability or for other good cause shown.
    ``(3) A special trial judge's office shall be terminated if the 
judges of the United States Court of Federal Claims determine, upon 
advice of the chief special trial judge, that the services performed by 
that office are no longer needed.
    ``(4) The appointment of any individual as a special trial judge 
shall be for a term of 8 years, subject to termination under paragraphs 
(2) and (3).
    ``(5) Each special trial judge shall receive a salary--
            ``(A) at a rate equal to 92 percent of the rate for judges 
        of the United States Court of Federal Claims; and
            ``(B) in the same installments as such judges.
    ``(6) Under the supervision of the Chief Judge of the United States 
Court of Federal Claims, the chief special trial judge shall be 
responsible for the following:
            ``(A) Administering the office of special trial judges and 
        their staff, providing for the efficient, expeditious, and 
        effective handling of petitions, and performing such other 
        duties related to the National Vaccine Injury Compensation 
        Program under title XXI of the Public Health Service Act (42 
        U.S.C. 300aa-1 et seq.) as may be assigned to the chief special 
        trial judge by a concurrence of a majority of the judges of the 
United States Court of Federal Claims.
            ``(B) Appointing and fixing the salary and duties of such 
        administrative staff as are necessary. Such staff shall be 
        subject to removal for good cause by the chief special trial 
        judge.
            ``(C) Managing and executing all aspects of budgetary and 
        administrative affairs affecting the special trial judges and 
        their staff, subject to the rules and regulations of the 
        Judicial Conference of the United States. All Judicial 
        Conference rules and regulations applicable to United States 
        magistrate judges and the staff of those magistrate judges 
        shall apply in the same manner and the same extent to special 
        trial judges and the staff of those special trial judges, 
        respectively.
            ``(D) Providing continuing educational opportunities for 
        special trial judges.
            ``(E) Coordinating with the United States Court of Federal 
        Claims the use of services, equipment, personnel, and 
        information, and the use of facilities of the United States 
        Court of Federal Claims. The United States Court of Federal 
        Claims shall be reimbursed by the National Vaccine Injury 
        Compensation Program under title XXI of the Public Health 
        Service Act (42 U.S.C. 300aa-1 et seq.) for the use of such 
        services, equipment, information, and facilities.
            ``(F) Reporting annually to Congress and the judges of the 
        United States Court of Federal Claims on the number of 
        petitions filed under section 2111 of the Public Health Service 
        Act (42 U.S.C. 300aa-11) and their disposition, the dates on 
        which the vaccine-related injuries and deaths for which the 
        petitions were filed occurred, the types and amounts of awards, 
        the length of time for the disposition of petitions, the cost 
        of administering the National Vaccine Injury Compensation 
        Program, and recommendations for changes in that program. The 
        chief special trial judge shall also include in each report a 
        summary of any responsibilities assigned to the special trial 
        judges under this subsection and an estimate of the amount of 
        time expended by the special trial judges on such activities.
    ``(7) The Federal Judicial Center shall--
            ``(A) conduct periodic training programs and seminars for 
        special trial judges; and
            ``(B) include special trial judges in general training 
        programs and seminars conducted for bankruptcy judges and 
        magistrate judges.
    ``(d)(1) Following the receipt and filing of a petition under 
section 2111 of the Public Health Service Act (42 U.S.C. 300aa-11), the 
clerk of the United States Court of Federal Claims shall forward the 
petition to the chief special trial judge who shall designate a special 
trial judge to carry out the functions authorized by paragraph (3).
    ``(2) The special trial judges shall recommend rules to the United 
States Court of Federal Claims and, taking into account such 
recommended rules, the United States Court of Federal Claims shall 
promulgate rules under section 2071. Such rules shall--
            ``(A) provide for a less-adversarial, expeditious, and 
        informal proceeding for the resolution of petitions,
            ``(B) include flexible and informal standards of 
        admissibility of evidence,
            ``(C) include the opportunity for summary judgment,
            ``(D) include the opportunity for parties to submit 
        arguments and evidence on the record without requiring routine 
        use of oral presentations, cross examinations, or hearings, and
            ``(E) provide for limitations on discovery and allow the 
        special trial judges to replace the usual rules of discovery in 
        civil actions in the United States Court of Federal Claims.
    ``(3)(A) A special trial judge to whom a petition has been assigned 
shall issue a decision on such petition with respect to whether 
compensation is to be provided under the National Vaccine Injury 
Compensation Program and the amount of such compensation. The decision 
of the special trial judge shall--
            ``(i) include findings of fact and conclusions of law, and
            ``(ii) be issued as expeditiously as practicable but not 
        later than 240 days, exclusive of suspended time under 
        subparagraph (C), after the date the petition was filed.
The decision of the special trial judge may be reviewed by the United 
States Court of Federal Claims in accordance with subsection (e).
    ``(B) In conducting a proceeding on a petition, a special trial 
judge--
            ``(i) may require such evidence as may be reasonable and 
        necessary,
            ``(ii) may require the submission of such information as 
        may be reasonable and necessary,
            ``(iii) may require the testimony of any person and the 
        production of any documents as may be reasonable and necessary,
            ``(iv) shall afford all interested persons an opportunity 
        to submit relevant written information--
                    ``(I) relating to the existence of the evidence 
                described in section 2113(a)(1)(B) of the Public Health 
                Service Act (42 U.S.C. 300aa-13(a)(1)(B)), or
                    ``(II) relating to any allegation in a petition 
                with respect to the matters described in section 
                2111(c)(1)(C)(ii) of that Act (42 U.S.C. 300aa-
                11(c)(1)(C)(ii)), and
            ``(v) may conduct such hearings as may be reasonable and 
        necessary.
There may be no discovery in a proceeding on a petition other than the 
discovery required by the special trial judge.
    ``(C) In conducting a proceeding on a petition, a special trial 
judge shall suspend the proceedings one time for 30 days on the motion 
of either party. After a motion for suspension is granted, further 
motions for suspension by either party may be granted by the special 
trial judge, if the special trial judge determines the suspension is 
reasonable and necessary, for an aggregate period not to exceed 150 
days.
    ``(D) If, in reviewing proceedings on petitions for vaccine-related 
injuries or deaths associated with the administration of vaccines 
before the effective date of part A of title XXI of the Public Health 
Service Act (42 U.S.C. 300aa-10 et seq.), the chief special trial judge 
determines that the number of filings and resultant workload place an 
undue burden on the parties or the special trial judge involved in such 
proceedings, the chief special trial judge may, in the interest of 
justice, suspend proceedings on any petition for up to 30 months (but 
for not more than 6 months at a time) in addition to the suspension 
time under subparagraph (C).
    ``(4)(A) Except as provided in subparagraph (B), information 
submitted to a special trial judge or the court in a proceeding on a 
petition may not be disclosed to a person who is not a party to the 
proceeding without the express written consent of the person who 
submitted the information.
    ``(B) A decision of a special trial judge or the court in a 
proceeding shall be disclosed, except that if the decision is to 
include information--
            ``(i) which is trade secret or commercial or financial 
        information which is privileged and confidential, or
            ``(ii) which are medical files and similar files the 
        disclosure of which would constitute a clearly unwarranted 
        invasion of privacy,
and if the person who submitted such information objects to the 
inclusion of such information in the decision, the decision shall be 
disclosed without such information.
    ``(e)(1) Upon issuance of the special trial judge's decision, the 
parties shall have 30 days to file with the clerk of the United States 
Court of Federal Claims a motion to have the court review the decision. 
If such a motion is filed, the other party shall file a response with 
the clerk of the United States Court of Federal Claims no later than 30 
days after the filing of such motion.
    ``(2) Upon the filing of a motion under paragraph (1) with respect 
to a petition, the United States Court of Federal Claims shall have 
jurisdiction to undertake a review of the record of the proceedings and 
may thereafter--
            ``(A) uphold the findings of fact and conclusions of law of 
        the special trial judge and sustain the special trial judge's 
        decision,
            ``(B) set aside any findings of fact or conclusion of law 
        of the special trial judge found to be arbitrary, capricious, 
        an abuse of discretion, or otherwise not in accordance with law 
        and issue its own findings of fact and conclusions of law, or
            ``(C) remand the petition to the special trial judge for 
        further action in accordance with the court's direction.
The court shall complete its action on a petition within 120 days of 
the filing of a response under paragraph (1) excluding any days the 
petition is before a special trial judge as a result of a remand under 
subparagraph (C). The court may allow not more than 90 days for remands 
under subparagraph (C).
    ``(3) In the absence of a motion under paragraph (1) respecting the 
special trial judge's decision or if the United States Court of Federal 
Claims takes the action described in paragraph (2)(A) with respect to 
the special trial judge's decision, the clerk of the United States 
Court of Federal Claims shall immediately enter judgment in accordance 
with the special trial judge's decision.
    ``(f) The findings of fact and conclusions of law of the United 
States Court of Federal Claims on a petition shall be final 
determinations of the matters involved, except that the Secretary of 
Health and Human Services or any petitioner aggrieved by the findings 
or conclusions of the court may obtain review of the judgment of the 
court in the United States Court of Appeals for the Federal Circuit 
upon petition filed within 60 days of the date of the judgment with 
such court of appeals within 60 days of the date of entry of the 
judgment of the United States Court of Federal Claims with such court 
of appeals.
    ``(g) If--
            ``(1) a special trial judge fails to make a decision on a 
        petition within the 240 days prescribed by subsection 
        (d)(3)(A)(ii) (excluding (A) any period of suspension under 
        subsection (d)(3) (C) or (D), and (B) any days the petition is 
        before a special trial judge as a result of a remand under 
        subsection (e)(2)(C)), or
            ``(2) the United States Court of Federal Claims fails to 
        enter a judgment under this section on a petition within 420 
        days (excluding (A) any period of suspension under subsection 
        (d)(3) (C) or (D), and (B) any days the petition is before a 
        special trial judge as a result of a remand under subsection 
        (e)(2)(C)) after the date on which the petition was filed,
the special trial judge or court shall notify the petitioner under such 
petition that the petitioner may withdraw the petition under section 
2121(b) of the Public Health Service Act (42 U.S.C. 300aa-21(b)) or the 
petitioner may choose under section 2121(b) of that Act to have the 
petition remain before the special trial judge or court, as the case 
may be.
    ``(h) Consistent with section 798(c), the chief judge of the United 
States Court of Federal Claims may assign to special trial judges such 
other responsibilities as are not inconsistent with the laws of the 
United States, including the duties and responsibilities of special 
trial judges under this section. In assigning these additional 
responsibilities, the chief judge shall, at all times, prioritize and 
not interfere with the need for the efficient, expeditious, and 
effective handling of duties related to the National Vaccine Injury 
Compensation Program. Any duties not related to that program performed 
by the special trial judges may not be compensated with funds made 
available to that program. The Court of Federal Claims shall retain 
final decisional authority in matters not related to that program 
assigned to special trial judges.
    ``(i) Subchapter I of chapter 63 of title 5 shall not apply to a 
special trial judge appointed under this section.
    ``(j) For purposes of construing and applying chapter 87 of title 
5, including any adjustment of insurance rates by regulation or 
otherwise, a special trial judge in regular active service or who is 
retired under section 181 of this title shall be deemed to be a judge 
of the United States described under section 8701(a)(5) of title 5.''.
    (b) Technical and Conforming Amendments to the Public Health 
Service Act.--Title XXI of the Public Health Service Act (42 U.S.C. 
300aa-1 et seq.) is amended--
            (1) in section 2111 (42 U.S.C. 300aa-11)--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``chief 
                        special master for assignment to a special 
                        master under section 2112(d)(1)'' and inserting 
                        ``chief special trial judge for assignment 
                        under section 180(d)(1) of title 28, United 
                        States Code,''; and
                            (ii) in paragraph (2)(A)(i)(II), by 
                        striking ``section 2112'' and inserting 
                        ``section 180 of title 28, United States 
                        Code,''; and
                    (B) in subsection (e), by striking ``special 
                master'' and inserting ``special trial judge'';
            (2) by striking section 2112 (42 U.S.C. 300aa-12) and 
        inserting the following:

                             ``jurisdiction

    ``Sec. 2112. The United States Court of Federal Claims and the 
United States Court of Federal Claims special trial judges shall have 
jurisdiction relating to the Program under section 180 of title 28, 
United States Code. References to special trial judges in this title 
shall refer to special trial judges under section 180 of that title.'';
            (3) in section 2113 (42 U.S.C. 300aa-13)--
                    (A) in subsection (a)(1), by striking ``special 
                master'' each place it appears and inserting ``special 
                trial judge'';
                    (B) in subsection (b), by striking ``special 
                master'' each place it appears and inserting ``special 
                trial judge''; and
                    (C) in subsection (c), by striking ``special 
                masters'' and inserting ``special trial judges'';
            (4) in section 2115 (42 U.S.C. 300aa-15), by striking 
        ``special master'' each place it appears and inserting 
        ``special trial judge'';
            (5) in section 2115(f)(2) (42 U.S.C. 300aa-15(f)(2)), by 
        striking ``section 2112'' and inserting ``section 180 of title 
        28, United States Code,'';
            (6) in section 2121 (42 U.S.C. 300aa-21)--
                    (A) in subsection (a), by striking ``section 
                2112(f)'' and inserting ``section 180 of title 28, 
                United States Code''; and
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) Continuance or Withdrawal of Petition.--A petitioner under a 
petition filed under section 2111 may submit to the United States 
Claims Court a notice in writing choosing to continue or to withdraw 
the petition if--
            ``(1) a special trial judge fails to make a decision on 
        such petition within the 240 days prescribed by section 
        180(d)(3)(A)(ii) of title 28, United States Code (excluding (i) 
        any period of suspension under section 180(d)(3) (C) or (D) of 
        that title, and (ii) any days the petition is before a special 
        master as a result of a remand under section 180(e)(2)(C)) of 
        that title, or
            ``(2) the court fails to enter a judgment under section 180 
        of title 28, United States Code, on the petition within 420 
        days (excluding (i) any period of suspension under section 
        180(d)(3) (C) or (D) of that title, and (ii) any days the 
        petition is before a special master as a result of a remand 
        under section 180(e)(2)(C)) of that title, after the date on 
        which the petition was filed.
            Such a notice shall be filed within 30 days of the 
        provision of the notice required by section 180(g) of that 
        title.''; and
            (7) in section 2123 (42 U.S.C. 300aa-23) by striking 
        ``special master'' each place it appears and inserting 
        ``special trial judge''.
    (c) Leave Transition Provisions.--
            (1) Annual leave.--If a person who was previously subject 
        to the provisions of subchapter I of chapter 63 of title 5, 
        United States Code, is exempted from that subchapter by 
        operation of amendments under this section, the accumulated and 
        current accrued annual leave to which he was entitled 
        immediately before the date he was exempted shall be liquidated 
        by a lump-sum payment in accordance with subsection (a) of 
        section 5551 of that title, except that the payment is based on 
        the rate of pay which he was receiving immediately before the 
        date on which he was exempted.
            (2) Sick leave.--If a person who was previously subject to 
        the provisions of subchapter I of chapter 63 of title 5, United 
        States Code, and who was exempted from that subchapter by 
        operation of amendments under this section, without a break in 
        service again becomes subject to that subchapter on completion 
        of his service as an exempted officer, the unused sick leave 
        standing to his credit when he was exempted from that 
        subchapter is deemed to have remained to his credit.
            (3) Annuity computation.--In computing an annuity under 
        section 8339 of title 5, United States Code, the total service 
        of a person specified in paragraph (2) of this subsection who 
        retired on an immediate annuity or dies leaving a survivor or 
        survivors entitled to an annuity includes, without regard to 
        the limitations imposed by subsection (f) of section 8339 of 
        title 5, United States Code, the days of unused sick leave 
        standing to his credit when he was exempted from subchapter I 
        of chapter 63 of title 5, United States Code, except that these 
        days will not be counted in determining average pay or annuity 
        eligibility.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on the date 
        of the enactment of this Act.
            (2) Salary.--Section 180(c)(5)(A) of title 28, United 
        States Code (as added by this Act), shall take effect on the 
        first day of the first applicable pay period beginning after 
        the date of enactment of this Act.
            (3) New appointments not required.--Any person serving as a 
        special master of the United States Court of Federal Claims on 
        the day before the date of the enactment of this Act shall 
        become a special trial judge upon the enactment of this Act, 
        until the expiration of such person's current 4-year term, 
        without need for a new appointment, subject to termination 
        under section 180(c) (2) or (3) of title 28, United States Code 
        (as added by this Act). The chief special master in office on 
        the day before the date of enactment of this Act shall become 
        the chief special trial judge for the balance of that special 
        trial judge's term, subject to termination under section 180(c) 
        (2) or (3) of title 28, United States Code (as added by this 
        Act). However, any special master appointed or reappointed to a 
        4-year term within 1 year of the enactment of this Act shall 
        serve a total of 8 years, including time served during the 4-
        year special master term, without need for a new appointment, 
        and subject to termination under section 180(c) (2) or (3) of 
        that title.

SEC. 3. RETIREMENT SYSTEM FOR SPECIAL TRIAL JUDGES.

    (a) In General.--Chapter 7 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 181. Retirement of special trial judges
    ``(a) Retirement Based on Years of Service.--A special trial judge 
to whom this section applies and who retires from office after 
attaining the age of 65 years and serving a total of at least 14 years, 
whether continuously or otherwise, as either a special trial judge or 
as a special master of the United States Court of Federal Claims under 
section 180 of this title or section 2112 of the Public Health Service 
Act (42 U.S.C. 300aa-12) shall, subject to subsection (f), be entitled 
to receive, during the remainder of the judge's lifetime, an annuity 
equal to the salary being received at the time the judge leaves office.
    ``(b) Retirement Upon Failure of Reappointment.--A special trial 
judge to whom this section applies, who is not reappointed following 
the expiration of the term of office of such judge, and who retires 
upon the completion of the term shall, subject to subsection (f), be 
entitled to receive, upon attaining the age of 65 years and during the 
remainder of such judge's lifetime, an annuity equal to that portion of 
the salary being received at the time the judge leaves office which the 
aggregate number of years of service, not to exceed 14, bears to 14, 
if--
            ``(1) such judge has served at least 1 full term as a 
        special trial judge or at least 2 full 4-year terms as a 
        special master of the United States Court of Federal Claims 
        under section 180 of this title or section 2112 of the Public 
        Health Service Act (42 U.S.C. 300aa-12); and
            ``(2) not earlier than 9 months before the date on which 
        the term of office of such judge expires, and not later than 6 
        months before such date, such judge notified the appointing 
        authority in writing that such judge was willing to accept 
        reappointment to the position in which such judge was serving.
For purposes of this subsection, the written notice required by 
paragraph (2) shall be given to the chief judge of the United States 
Court of Federal Claims.
    ``(c) Service of at Least 8 Years.--A special trial judge to whom 
this section applies and who retires after serving at least 8 years, 
whether continuously or otherwise, as such a judge or as a special 
master of the United States Court of Federal Claims under section 180 
of this title or section 2112 of the Public Health Service Act (42 
U.S.C. 300aa-12) shall, subject to subsection (f), be entitled to 
receive, upon attaining the age of 65 years and during the remainder of 
the judge's lifetime, an annuity equal to that portion of the salary 
being received at the time the judge leaves office which the aggregate 
number of years of service, not to exceed 14, bears to 14. Such annuity 
shall be reduced by \1/6\ of 1 percent for each full month such judge 
was under the age of 65 at the time the judge left office, except that 
such reduction shall not exceed 20 percent.
    ``(d) Retirement for Disability.--A special trial judge to whom 
this section applies, who has served at least 5 years, whether 
continuously or otherwise, as such a judge or as a special master of 
the United States Court of Federal Claims under section 180 of this 
title or section 2112 of the Public Health Service Act (42 U.S.C. 
300aa-12), and who retires or is removed from office upon the sole 
ground of mental or physical disability shall, subject to subsection 
(f), be entitled to receive, during the remainder of the judge's 
lifetime, an annuity equal to 40 percent of the salary being received 
at the time of retirement or removal or, in the case of a judge who has 
served for at least 10 years, an amount equal to that proportion of the 
salary being received at the time of retirement or removal which the 
aggregate number of years of service, not to exceed 14, bears to 14.
    ``(e) Cost-of-Living Adjustments.--A special trial judge who is 
entitled to an annuity under this section is also entitled to a cost-
of-living adjustment in such annuity, calculated and payable in the 
same manner as adjustments under section 8340(b) of title 5, except 
that any such annuity, as increased under this subsection, may not 
exceed the salary then payable for the position from which the judge 
retired or was removed.
    ``(f) Election; Annuity in Lieu of Other Annuities.--A special 
trial judge shall be entitled to an annuity under this section if the 
judge elects an annuity under this section by notifying the Director of 
the Administrative Office of the United States Courts. A special trial 
judge who elects to receive an annuity under this section shall not be 
entitled to receive any annuity to which such judge would otherwise 
have been entitled under subchapter III of chapter 83, or under chapter 
84 (except for subchapters III and VII), of title 5.
    ``(g) Calculation of Service.--For purposes of calculating an 
annuity under this section--
            ``(1) full-time service as a special trial judge appointed 
        under section 180 shall be credited;
            ``(2) service as a special master under section 2112 of the 
        Public Health Service Act (42 U.S.C. 300aa-12) (as in effect 
        before the date of enactment of section 180 of this title) 
        shall be credited; and
            ``(3) each month of service shall be credited as one-
        twelfth of a year, and the fractional part of any month shall 
        not be credited.
    ``(h) Covered Positions and Service.--This section applies to any 
special trial judge appointed under section 180 and to any individual 
formerly appointed as a special master of the United States Court of 
Federal Claims under section 2112 of the Public Health Service Act (42 
U.S.C. 300aa-12) who becomes a special trial judge by the operation of 
this Act.
    ``(i) Payments Under Court Order.--
            ``(1) In general.--Payments under this section which would 
        otherwise be made to a special trial judge based upon his or 
        her service shall be paid (in whole or in part) by the Director 
        of the Administrative Office of the United States Courts to 
        another person if and to the extent expressly provided for in 
        the terms of any court decree of divorce, annulment, or legal 
        separation, or the terms of any court order or court-approved 
        property settlement agreement incident to any court decree of 
        divorce, annulment, or legal separation. Any payment under this 
        paragraph to a person bars recovery by any other person.
            ``(2) Condition of payment.--Paragraph (1) shall apply only 
        to payments made by the Director of the Administrative Office 
of the United States Courts after the date of receipt by the Director 
of written notice of such decree, order, or agreement, and such 
additional information as the Director may prescribe.
            ``(3) Definition.--In this subsection, the term `court' 
        means any court of any State, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, the Northern Mariana 
        Islands, or the Virgin Islands, and any Indian tribal court or 
        courts of Indian offense.
    ``(j) Deductions, Contributions, and Deposits.--
            ``(1) Deductions.--Beginning with the next pay period after 
        the Director of the Administrative Office of the United States 
        Courts receives a notice under subsection (f) that a special 
        trial judge has elected an annuity under this section, the 
        Director shall deduct and withhold 1 percent of the salary of 
        such judge. Amounts shall be so deducted and withheld in a 
        manner determined by the Director. Amounts deducted and 
        withheld under this subsection shall be deposited in the 
        Treasury of the United States to the credit of the Special 
        Trial Judges' Retirement Fund. Deductions under this subsection 
        from the salary of a special trial judge shall terminate upon 
        the retirement of the judge or upon completing 14 years of 
        service for which contributions under this section have been 
        made, whether continuously or otherwise, as calculated under 
        subsection (g), whichever occurs first.
            ``(2) Consent to deductions; discharge of claims.--Each 
        special trial judge who makes an election under subsection (f) 
        shall be deemed to consent and agree to the deductions from 
        salary which are made under paragraph (1). Payment of such 
        salary less such deductions (and any deductions made under 
        section 376 of this title) is a full and complete discharge and 
        acquittance of all claims and demands for all services rendered 
        by such judge during the period covered by such payment, except 
        the right to those benefits to which the judge is entitled 
        under this section (and section 376).
    ``(k) Deposits for Prior Service.--Each special trial judge who 
makes an election under subsection (f) may deposit, for service as a 
special trial judge or as a special master of the United States Court 
of Federal Claims under section 2112 of the Public Health Service Act 
(42 U.S.C. 300aa-12) performed before such election for which 
contributions may be made under this section, an amount equal to 1 
percent of the salary received for that service. Credit for any period 
covered by that service may not be allowed for purposes of an annuity 
under this section until a deposit under this subsection has been made 
for that period.
    ``(l) Individual Retirement Records.--The amounts deducted and 
withheld under subsection (j), and the amounts deposited under 
subsection (k), shall be credited to individual accounts in the name of 
each special trial judge from whom such amounts are received, for 
credit to the Special Trial Judges' Retirement Fund.
    ``(m) Annuities Affected in Certain Cases.--
            ``(1) Practicing law after retirement.--
                    ``(A) Forfeiture of annuity.--Subject to paragraph 
                (B), any special trial judge of the United States Court 
                of Federal Claims who retires under this section and 
                who thereafter in the practice of law represents (or 
                supervises or directs the representation of) a client 
                in making any civil claim against the United States or 
                any agency thereof shall forfeit all rights to an 
                annuity under this section for all periods beginning on 
                or after the first day on which he engages in any such 
                activity.
                    ``(B) Forfeitures not to apply where individual 
                elects to freeze amount of annuity.--
                            ``(i) In general.--If a special trial judge 
                        makes an election to practice law as described 
                        in subparagraph (A) after retirement under this 
                        section--
                                    ``(I) subparagraph (A) shall not 
                                apply to such judge beginning on the 
                                date such election takes effect; and
                                    ``(II) the annuity payable under 
                                this section to such judge, for periods 
                                beginning on or after the date such 
                                election takes effect, shall be equal 
                                to the annuity to which such judge is 
                                entitled on the day before such 
                                effective date.
                            ``(ii) Eligibility and filing.--An election 
                        under clause (i)--
                                    ``(I) may be made by a special 
                                trial judge eligible for retirement 
                                under this section; and
                                    ``(II) shall be filed with the 
                                Director of the Administrative Office 
                                of the United States Courts. Such an 
                                election, once it takes effect, shall 
                                be irrevocable.
                            ``(iii) Effective date.--Any election under 
                        this subparagraph shall take effect on the 
                        first day of the first month following the 
                        month in which the election is made.
            ``(2) Recall not permitted.--Any special trial judge who 
        retires under this section and who thereafter practices law as 
        described in subparagraph (1)(A) shall not be eligible for 
        recall under section 182 of this title.
            ``(3) Accepting other employment.--Any special trial judge 
        who retires under this section and thereafter accepts 
        compensation for civil office or employment under the United 
        States Government (other than for service as a special trial 
        judge under the recall provision of section 182 of this title) 
        shall forfeit all rights to an annuity under this section for 
        the period for which such compensation is received. For 
        purposes of this paragraph, the term `compensation' includes 
        retired pay or salary received in retired status.
    ``(n) Lump-Sum Payments.--
            ``(1) Eligibility.--
                    ``(A) In general.--Subject to paragraph (2), an 
                individual who serves as a special trial judge and--
                            ``(i) who leaves office and is not 
                        reappointed as a special trial judge for at 
                        least 31 consecutive days;
                            ``(ii) who files an application with the 
                        Administrative Office of the United States 
                        Courts for payment of the lump-sum credit;
                            ``(iii) is not serving as a special trial 
                        judge at the time of filing of the application; 
                        and
                            ``(iv) will not become eligible to receive 
                        an annuity under this section within 31 days 
                        after filing the application,
                is entitled to be paid the lump-sum credit.
                    ``(B) Rights to annuity voided.--Payment of the 
                lump-sum credit voids all rights to an annuity under 
                this section based on the service on which the lump-sum 
                credit is based, until that individual resumes office 
                as a special trial judge.
                    ``(C) Order of precedence.--Lump-sum benefits 
                authorized by subparagraphs (D), (E), and (F) of this 
                paragraph shall be paid to the person or persons 
                surviving the special trial judge and alive on the date 
                title to the payment arises, in the order of precedence 
                set forth in subsection (o) of section 376 of this 
                title, and in accordance with the last 2 sentences of 
                that subsection. For purposes of the preceding 
                sentence, the term `judicial official' as used in 
                subsection (o) of section 376 shall be deemed to mean 
                `special trial judge'.
                    ``(D) Death before annuity.--If a special trial 
                judge dies before receiving an annuity under this 
                section, the lump-sum credit shall be paid.
                    ``(E) Payment after termination of annuity rights 
                of deceased judge.--If all annuity rights under this 
                section based on the service of a deceased special 
                trial judge terminate before the total annuity paid 
                equals the lump-sum credit, the difference shall be 
                paid.
                    ``(F) Death while receiving annuity.--If a special 
                trial judge who is receiving an annuity under this 
                section dies, annuity accrued and unpaid shall be paid.
                    ``(G) Payment on termination of annuity.--Annuity 
                accrued and unpaid on the termination, except by death, 
                of the annuity of a special trial judge shall be paid 
                to that individual.
                    ``(H) Payment after forfeiture of right to 
                annuity.--Subject to paragraph (2), a special trial 
                judge who forfeits rights to an annuity under 
                subsection (m)(3) before the total annuity paid equals 
                the lump-sum credit, shall be entitled to be paid the 
                difference if the special trial judge files an 
                application with the Administrative Office of the 
                United States Courts for payment of that difference. A 
                payment under this subparagraph voids all rights to an 
                annuity on which the payment is based.
            ``(2) Spouses and former spouses.--
                    ``(A) In general.--Payment of the lump-sum credit 
                under paragraph (1)(A) or a payment under paragraph 
                (1)(G)--
                            ``(i) may be made only if any current 
                        spouse and any former spouse of the special 
                        trial judge are notified of the judge's 
                        application; and
                            (ii) shall be subject to the terms of a 
                        court decree of divorce, annulment, or legal 
                        separation or any court or court approved 
                        property settlement agreement incident to such 
                        decree, if--
                                    ``(I) the decree, order, or 
                                agreement expressly relates to any 
                                portion of the lump-sum credit or other 
                                payment involved; and
                                    (II) payment of the lump-sum credit 
                                or other payment would extinguish 
                                entitlement of the special trial 
                                judge's spouse or former spouse to any 
                                portion of an annuity under subsection 
                                (i).
                    ``(B) Notification.--Notification of a spouse or 
                former spouse under this paragraph shall be made in 
                accordance with such requirements as the Director of 
                the Administrative Office of the United States Courts 
                shall by regulation prescribe. The Director may provide 
                under such regulations that subparagraph (A)(i) may be 
                waived with respect to a spouse or former spouse if the 
                special trial judge establishes to the satisfaction of 
                the Director that the whereabouts of such spouse or 
                former spouse cannot be determined.
                    ``(C) Regulations.--The Director shall prescribe 
                regulations under which this paragraph shall be applied 
                in any case in which the Director receives 2 or more 
                orders or decrees described in subparagraph (A).
            ``(3) Definition.--In this subsection, the term `lump-sum 
        credit' means the unrefunded amount consisting of--
                    ``(A) retirement deductions made under this section 
                from the salary of a special trial judge;
                    ``(B) amounts deposited under subsection (k) by a 
                special trial judge covering earlier service; and
                    ``(C) interest on the deductions and deposits 
                which, for any calendar year, shall be equal to the 
                overall average yield to the Special Trial Judges' 
                Retirement Fund during the preceding fiscal year from 
                all obligations purchased by the Secretary of the 
                Treasury during such fiscal year under subsection (o), 
                but does not include interest--
                            ``(i) if the service covered thereby 
                        aggregates 1 year or less; or
                            ``(ii) for the fractional part of a month 
                        in the total service.
    ``(o) Special Trial Judges' Retirement Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        a fund which shall be known as the `Special Trial Judges' 
        Retirement Fund'. The Fund is appropriated for the payment of 
        annuities, refunds, and other payments under this section.
            ``(2) Investment of fund.--The Secretary of the Treasury 
        shall invest, in interest bearing securities of the United 
        States, such currently available portions of the Special Trial 
        Judges' Retirement Fund as are not immediately required for 
        payments from the Fund. The income derived from these 
        investments constitutes a part of the Fund.
            ``(3) Unfunded liability.--
                    ``(A) Authorization of appropriations.--There are 
                authorized to be appropriated to the Special Trial 
                Judges' Retirement Fund amounts required to reduce to 
                zero the unfunded liability of the Fund.
                    ``(B) Unfunded liability.--
                            ``(i) Definition.--For purposes of 
                        subparagraph (A), the term `unfunded liability' 
                        means the estimated excess, determined on an 
                        annual basis in accordance with the provisions 
                        of section 9503 of title 31, of the present 
                        value of all benefits payable from the Special 
                        Trial Judges' Retirement Fund over the sum of--
                                    ``(I) the present value of 
                                deductions to be withheld under this 
                                section from the future basic pay of 
                                special trial judges; plus
                                    ``(II) the balance in the Fund as 
                                of the date the unfunded liability is 
                                determined.
                            ``(ii) Determinations.--In making any 
                        determination under this subparagraph, the 
                        Comptroller General shall use the applicable 
                        information contained in the reports filed 
                        under section 9503 of title 31, with respect to 
                        the retirement annuities provided for in this 
                        section.''.
    (b) Incumbent Special Trial Judges.--
            (1) Retirement annuity under title 5 and section 181 of 
        title 28.--A special trial judge in active service on the 
        effective date of this Act shall, subject to paragraph (2), be 
        entitled, in lieu of the annuity otherwise provided under the 
        amendments made by this section, to--
                    (A) an annuity under subchapter III of chapter 83, 
                or under chapter 84, of title 5, United States Code, as 
                the case may be, for creditable service before the date 
                on which service would begin to be credited for 
                purposes of subparagraph (B); and
                    (B) an annuity calculated under subsection (b) or 
                (c) and subsection (g) of section 181 of title 28, 
                United States Code, as added by this section, for any 
                service as a full-time special trial judge or special 
                master on or after October 1, 1988 (as specified in the 
                election under paragraph (2)) for which deductions and 
                deposits are made under subsections (j) and (k) of such 
                section 181, as applicable, without regard to the 
                minimum number of years of service as such a special 
                trial judge or special master, except that--
                            (i) in the case of a special trial judge 
                        who retired with less than 8 years of service, 
                        the annuity under subsection (c) of section 181 
                        of title 28, United States Code, shall be equal 
                        to that proportion of the salary being received 
                        at the time the judge leaves office which the 
                        years of service bears to 14, subject to a 
                        reduction in accordance with subsection (c) of 
                        such section 181 if the judge is under age 65 
                        at the time he or she leaves office; and
                            (ii) the aggregate amount of the annuity 
                        initially payable on retirement under this 
                        subsection may not exceed the rate of pay for 
                        the judge which is in effect on the day before 
                        the retirement becomes effective.
            (2) Filing of notice of election.--A special trial judge 
        shall be entitled to an annuity under this subsection only if 
        the judge files a notice of that election with the Director of 
        the Administrative Office of the United States Courts 
        specifying the date on which service would begin to be credited 
        under section 181 of title 28, United States Code, in lieu of 
        chapter 83 or chapter 84 of title 5, United States Code.
            (3) Lump-sum credit under title 5.--A special trial judge 
        who makes an election under paragraph (2) shall be entitled to 
        a lump-sum credit under section 8342 or 8424 of title 5, United 
        States Code, as the case may be, for any service which is 
        covered under section 181 of title 28, United States Code, as 
        added by this section, under that election, and with respect to 
        which any contributions were made by the judge under the 
        applicable provisions of title 5, United States Code.
            (4) Recall.--With respect to any special trial judge 
        receiving an annuity under this subsection who is recalled to 
        serve under section 182 of title 28, United States Code--
                    (A) the amount of compensation which such recalled 
                judge receives under subsection (b) of such section 
                shall be calculated on the basis of the annuity 
                received under this subsection; and
                    (B) such recalled judge may serve as a reemployed 
                annuitant to the extent permitted by subsection (c) of 
                section 182 of such title.
        Section 181(m)(3) of title 28, United States Code (as added by 
        this section), shall not apply with respect to service as a 
        reemployed annuitant described in subparagraph (B).

SEC. 4. JUDICIAL SURVIVORS' ANNUITIES.

    (a) Annuities for Survivors of Special Trial Judges Retiring Under 
New System.--Section 376 of title 28, United States Code, is amended as 
follows:
            (1) Subsection (a)(1) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (F);
                    (B) by adding ``or'' at the end of subparagraph 
                (G);
                    (C) by inserting after subparagraph (G) the 
                following:
                    ``(H) a full-time special trial judge;'';
                    (D) by striking ``or (vii)'' and inserting 
                ``(vii)''; and
                    (E) by adding:
                            ``or (viii) the date of enactment of the 
                        United States Court of Federal Claims Special 
                        Trial Judges Act of 2004, in the case of a 
                        full-time special trial judge in active service 
                        on that date;''.
            (2) Subsection (a)(2) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (F);
                    (B) by adding ``and'' at the end of subparagraph 
                (G); and
                    (C) by adding at the end the following:
                    ``(H) in the case of a special trial judge, an 
                annuity paid under section 181 of this title;''.
            (3) Subsection (b) is amended in the last sentence by 
        inserting ``or 181'' after ``section 178'' each place it 
        appears.
    (b) Survivors' Annuities for Incumbents.--In the case of a special 
trial judge who elects an annuity under section 3(b), only service for 
which an annuity under subsection (b) or (c) and subsection (g) of 
section 181 of title 28, United States Code (as added by this Act), is 
calculated under section 3(b) may be used in the computation of an 
annuity under section 376 of title 28, United States Code, as amended 
by subsection (a) of this section.

SEC. 5. RECALL OF SPECIAL TRIAL JUDGES.

    Chapter 7 of title 28, United States Code, is amended by adding 
after section 181 (as added by this Act) the following:
``Sec. 182. Recall of special trial judges
    ``(a) A special trial judge who has retired may, upon consent, be 
recalled to serve as a special trial judge by the Court of Federal 
Claims for a period of time to be determined by that Court.
    ``(b) Upon recall, the special trial judge shall receive, in 
addition to the annuity provided under section 181 or under the 
applicable provisions of title 5, an amount equal to the difference 
between that annuity and the current salary of the office to which the 
judge is recalled. The annuity of a special trial judge who serves at 
least 3 years in such recalled capacity and who retired under section 
181 shall, upon completion of such recall service, be equal to the 
salary in effect at the end of that period of recall service for the 
office of special trial judge.
    ``(c) Nothing in this section shall affect the right of a special 
trial judge who retired under the provisions of chapter 83 or chapter 
84 of title 5 to serve as a reemployed annuitant in accordance with the 
provisions of title 5.
    ``(d) Except as provided in subsection (b), a special trial judge 
recalled under this section who retired under the applicable provisions 
of title 5 shall be considered to be a reemployed annuitant under 
chapter 83 or chapter 84, as the case may be, of title 5.''.

SEC. 6. THRIFT SAVINGS PLAN.

    (a) Participation in the Plan.--Subchapter III of chapter 84 of 
title 5, United States Code, is amended by adding at the end the 
following:
``Sec. 8440g. Special trial judges
    ``(a)(1) A special trial judge who is covered by section 181 of 
title 28 or section 3(b) of the United States Court of Federal Claims 
Special Trial Judges Act of 2004 may elect to contribute an amount of 
such individual's basic pay to the Thrift Savings Fund.
    ``(2) An election may be made under paragraph (1) only during a 
period provided under section 8432(b) for individuals subject to this 
chapter.
    ``(b)(1) Except as otherwise provided in this subsection, the 
provisions of this subchapter and subchapter VII shall apply with 
respect to special trial judges who make contributions to the Thrift 
Savings Fund under subsection (a) of this section.
    ``(2) The amount contributed by a special trial judge for any pay 
period shall not exceed the maximum percentage of such judge's basic 
pay for such pay period allowable under section 8440(f).
    ``(3) No contributions shall be made under section 8432(c) of this 
title for the benefit of a special trial judge making contributions 
under subsection (a) of this section.
    ``(4)(A) Section 8433(b) of this title applies to a special trial 
judge who elects to make contributions to the Thrift Savings Fund under 
subsection (a) of this section and who retires entitled to an immediate 
annuity under section 181 of title 28 (including a disability annuity 
under subsection (d) of such section) or section 3(b) of the United 
States Court of Federal Claims Special Trial Judges Act of 2004.
    ``(B) Section 8433(b) of this title applies to any special trial 
judge who elects to make contributions to the Thrift Savings Fund under 
subsection (a) of this section and who retires before attaining age 65 
but is entitled, upon attaining age 65, to an annuity under section 181 
of title 28 or section 3(b) of the United States Court of Federal 
Claims Special Trial Judges Act of 2004.
    ``(C) Section 8433(b) of this title applies to any special trial 
judge who elects to make contributions to the Thrift Savings Fund under 
subsection (a) of this section and who retires before becoming entitled 
to an immediate annuity, or an annuity upon attaining age 65, under 
section 181 of title 28 or section 3(b) of the United States Court of 
Federal Claims Special Trial Judges Act of 2004.
    ``(5) With respect to special trial judges to whom this section 
applies, any of the actions described under paragraph (4)(A), (B) or 
(C) shall be considered a separation from service for purposes of this 
subchapter and subchapter VII.
    ``(6) For purposes of this section, the terms `retirement' and 
`retire' include removal from office under section 181(c) of title 28 
on the sole ground of mental or physical disability.
    ``(7) In the case of a special trial judge who receives a 
distribution from the Thrift Savings Plan and who later receives an 
annuity under section 181 of title 28, that annuity shall be offset by 
an amount equal to the amount of the distribution which represents the 
Government's contribution to that person's Thrift Savings Account, 
without regard to earnings attributable to that amount. Where such an 
offset would exceed 50 percent of the annuity to be received in the 
first year, the offset may be divided equally over the first 2 years in 
which that person receives the annuity.
    ``(8) Notwithstanding paragraph (4), if any special trial judge 
retires under circumstances making such judge eligible to make an 
election under subsection (b) of section 8433, and such judge's 
nonforfeitable account balance is less than an amount that the 
Executive Director prescribes by regulation, the Executive Director 
shall pay the nonforfeitable account balance to the participant in a 
single payment.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 84 of title 5, United States Code, is amended by adding at the 
end the following:

``8440g. Special trial judges.''.

SEC. 7. CIVIL SERVICE RETIREMENT SYSTEM AND FEDERAL EMPLOYEES 
              RETIREMENT SYSTEM.

    (a) Definition.--Section 8331 of title 5, United States Code, is 
amended--
            (1) by striking ``and'' at the end of paragraph (28);
            (2) by striking the period at the end of paragraph (29) and 
        inserting ``; and''; and
            (3) by adding at the end the following paragraph:
            ``(30) a `special trial judge' means an individual who is 
        appointed under section 180 of title 28 or has served under 
        section 2112 of the Public Health Service Act (42 U.S.C. 300aa-
        12).''.
    (b) Deductions, Contributions, and Deposits.--Section 8334 of title 
5, United States Code, is amended--
            (1) in subsection (a)(1)(A), by inserting ``Court of 
        Federal Claims special trial judge'', after ``Court of Federal 
        Claims judge''; and
            (2) in subsection (c), by inserting in the table ``or Court 
        of Federal Claims special trial judge'', after ``Court of 
        Federal Claims judge''.
    (c) Immediate Retirement.--Section 8336(k) of title 5, United 
States Code, is amended to read as follows:
    ``(k) A bankruptcy judge, United States Magistrate, United States 
Court of Federal Claims judge, or Court of Federal Claims special trial 
judge who is separated from service, except by removal, after becoming 
62 years of age and completing 5 years of civilian service, or after 
becoming 60 years of age and completing 10 years of service as a 
bankruptcy judge, United States magistrate, Court of Federal Claims 
judge, or Court of Federal Claims special trial judge or special 
master, is entitled to an annuity.''.
    (d) Computation of CSRS Annuity.--Section 8339(n) of title 5, 
United States Code, is amended to read as follows:
    ``(n) The annuity of an employee who is a Court of Federal Claims 
judge, bankruptcy judge, United States magistrate judge, or special 
trial judge is computed, with respect to service as a Court of Federal 
Claims judge, as a commissioner of the Court of Claims, as a referee in 
bankruptcy, as a bankruptcy judge, as a United States magistrate judge, 
as a United States Commissioner, as a Court of Federal Claims special 
trial judge, and as a special master of the Court of Federal Claims 
under section 2112 of the Public Health Service Act (42 U.S.C. 300aa-
12), and with respect to the military service of any such individual 
(not exceeding 5 years) creditable under section 8332 of this title, by 
multiplying 2\1/2\ percent of the individual's average pay by the years 
of that service.''.
    (e) Computation of FERS Basic Annuity.--Section 8415 of title 5, 
United States Code, is amended by adding the following:
    ``(m) The annuity of a special trial judge of the United States 
Court of Federal Claims retiring under this subchapter is computed 
under subsection (a), except that if the individual has had at least 5 
years of service as a United States Court of Federal Claims special 
trial judge or as a special master of that court, or any combination 
thereof, so much of the annuity as is computed with respect to either 
such type of service (or a combination thereof), not exceeding a total 
of 20 years, shall be computed by multiplying 1\7/10\ percent of the 
individual's average pay by the years of such service.''.

SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Administrative Office of the United States Courts.--Section 
604(a) of title 28, United States Code (relating to the duties of the 
Director of the Administrative Office of the United States Courts) is 
amended--
            (1) in paragraph (7) by inserting ``special trial judges,'' 
        after ``United States magistrate judges,'';
            (2) by redesignating paragraph (24) as paragraph (25); and
            (3) by inserting after paragraph (23) the following:
            ``(24) Regulate and pay annuities to special trial judges 
        in accordance with section 181 of this title and paragraphs 
        (1)(B) and (2) of section 3(b) of the United States Court of 
        Federal Claims Special Trial Judges Act of 2004;''.
    (b) Civil Service Retirement System.--Section 8334(i) of title 5, 
United States Code, is amended by adding at the end the following:
    ``(7) Notwithstanding any other provision of law, a special trial 
judge who is covered by section 181 of title 28 or section 3(b) of the 
United States Court of Federal Claims Special Trial Judges Act of 2004 
shall not be subject to deductions and contributions to the Fund, if 
the judge notifies the Director of the Administrative Office of the 
United States Courts of an election of a retirement annuity under those 
provisions. Upon such an election, the judge shall be entitled to a 
lump-sum credit under section 8342(a) of this title.''.
    (c) Federal Employees Retirement System.--Section 8402 of title 5, 
United States Code, is amended by adding at the end the following:
    ``(h) A special trial judge who is covered by section 181 of title 
28 or section 3(b) of the United States Court of Federal Claims Special 
Trial Judges Act of 2004 shall be excluded from the operation of this 
chapter, other than subchapters III and VII of such chapter, if the 
judge notifies the Director of the Administrative Office of the United 
States Courts of an election of a retirement annuity under those 
provisions. Upon such election, the judge shall be entitled to a lump-
sum credit under section 8424 of this title.''.
    (d) Technical and Conforming Amendment.--The table of sections for 
chapter 7 of title 28, United States Code, is amended by adding at the 
end the following:

``180. Special trial judges.
``181. Retirement of special trial judges.
``182. Recall of special trial judges.''.

SEC. 9. REPORT TO CONGRESS.

    The Director of the Administrative Office of the United States 
Courts, shall, not later than 5 years after the date of the enactment 
of this Act, submit a report to the Congress on the financial operation 
of the retirement annuity program established under this Act and the 
amendments made by this Act. The report shall, in particular, include a 
discussion of the deductions from salary and deposits made for 
contributions to the annuity program and the need for continuing the 
deductions at the level established under the amendments made by this 
Act.

SEC. 10. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL JUDGES LIFE INSURANCE.

    (a) Bankruptcy Judges.--Section 153 of title 28, United States 
Code, is amended by adding at the end the following:
    ``(d) For purposes of construing and applying chapter 87 of title 
5, including any adjustment of insurance rates by regulation or 
otherwise, a bankruptcy judge of the United States in regular active 
service or who is retired under section 377 of this title shall be 
deemed to be a judge of the United States described under section 
8701(a)(5) of title 5.''.
    (b) United States Magistrate Judges.--Section 634(c) of title 28, 
United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
            ``(2) For purposes of construing and applying chapter 87 of 
        title 5, including any adjustment of insurance rates by 
        regulation or otherwise, a magistrate judge of the United 
        States in regular active service or who is retired under 
        section 377 of this title shall be deemed to be a judge of the 
        United States described under section 8701(a)(5) of title 5.''.
    (c) Territorial Judges.--
            (1) Guam.--Section 24 of the Organic Act of Guam (48 U.S.C. 
        1424b) is amended by adding at the end the following:
    ``(c) For purposes of construing and applying chapter 87 of title 
5, including any adjustment of insurance rates by regulation or 
otherwise, a judge appointed under this section who is in regular 
active service or who is retired under section 373 of this title shall 
be deemed to be a judge of the United States described under section 
8701(a)(5) of title 5.''.
            (2) Commonwealth of the northern mariana islands.--The 
        first section of the Act of November 8, 1977 (48 U.S.C. 1821; 
        Public Law 95-157; 91 Stat. 1265) is amended in subsection (b) 
        by adding at the end the following:
            ``(5) For purposes of construing and applying chapter 87 of 
        title 5, including any adjustment of insurance rates by 
        regulation or otherwise, a judge appointed under this section 
        who is in regular active service or who is retired under 
        section 373 of this title shall be deemed to be a judge of the 
        United States described under section 8701(a)(5) of title 5.''.
            (3) Virgin islands.--Section 24(a) of the Revised Organic 
        Act of the Virgin Islands (48 U.S.C. 1614(a)) is amended--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following:
            ``(2) For purposes of construing and applying chapter 87 of 
        title 5, including any adjustment of insurance rates by 
        regulation or otherwise, a judge appointed under this section 
        who is in regular active service or who is retired under 
        section 373 of this title shall be deemed to be a judge of the 
        United States described under section 8701(a)(5) of title 5.''.

SEC. 11. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall take effect on the date of enactment 
of this Act and the provisions and amendments made by this Act relating 
to retirement shall apply to special trial judges who retire on or 
after the date of enactment of this Act.
                                 <all>